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The Biopolitical Economy Of Anti-Essentialism, Robert Tilley

Solidarity: The Journal of Catholic Social Thought and Secular Ethics

If we are to understand the nature of the relationship between a culture and its economy it is necessary to trace out the logic that informs the apparently disparate currents that make up that culture and its economy. There are any number of loci by reference to which this relationship might be discerned, but none are so important or profound, or for that matter so telling, than our body. Following on from two previous articles this essay approaches the subject by way of Foucault’s understanding of the ‘biopolitical’.[1] Through the issues of sexuality and eugenics we see how the …

Same-Sex Marriage, Freedom Of Speech And Religious Liberty In Australia – A Critical Appraisal, Augusto Zimmermann

Solidarity: The Journal of Catholic Social Thought and Secular Ethics

Passing legislation to approve same-sex marriage presents an immediate challenge to free speech and religious liberty. Unfortunately examples from all over the world reveal that legalisation of same-sex marriage may infringe the fundamental rights of the citizen. Some people have been found at the receiving end of severe persecution as well as protracted and expensive legal action for holding the view that marriage should be kept only between a man and a woman. Although the Australian government seems committed to holding a popular plebiscite, so that the people can finally decide on the matter, it is hard to conceive how …

A Commonwealth Religious Discrimination Act For Australia?, A. Keith Thompson

Solidarity: The Journal of Catholic Social Thought and Secular Ethics

There have been a number of attempts to create a constitutional bill of rights in Australia, but all have failed. The most recent exploration of the idea of a constitutional bill of rights by the Rudd government in 2010 stalled because of church opposition. Yet Australia has embraced international norms outlawing racial and sexual discrimination passed as ordinary legislation using the Commonwealth’s external affairs power.

This paper discusses whether religious freedom is a norm sufficiently well established in international law that it could also be passed as ordinary legislation in Australia. It then investigates what an Australian religious freedom law …

Protecting Religious Freedom And Places Of Worship - The Example Of The Eruv, David Knoll

Solidarity: The Journal of Catholic Social Thought and Secular Ethics

Under Jewish religious law, on the sabbath one does no work. The prohibition on work extends to moving or carrying objects across a public space. To meet the needs of the observant, the rabbis developed the idea of the Eruv; a “fence” inside which Jews can carry on certain activities during Shabbat. That “fence” often can be a simple, continuous wire which marks out an area. But the wire often traverses (and is held up by) poles on public property, and consequently, the Eruv triggers important policy questions, such as (i) should public property be used …

Religious Authority In Public Spaces: The Challenge Of Jurisdictional Pluralism, Nicholas Aroney

Solidarity: The Journal of Catholic Social Thought and Secular Ethics

The new significance of religion in Australian politics raises serious questions about how our politics is conceived and conducted. Liberal theorists have proposed three successive approaches to resolving the problem of religious disagreement in a diverse society. The first was to propose that reason, rather than religion, should bind the society together; that individuals should be free to continue to practice their religion privately, but that religion must no longer play a guiding role in public life. The second liberal solution was to extend the prohibition to all ‘comprehensive doctrines’, whether religious or secular, and to insist that state power …

The Interest Is Not Mutual: Effect Of The Personal Property Securities Act 2009 (Cth) On Contractual Rights Of Set-Off, Caroline Woo

The University of Notre Dame Australia Law Review

In Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (In Liquidation) (Receivers and Managers Appointed), the Supreme Court of Western Australia held that the rights of ANZ, a secured creditor of Forge Group Power Pty Ltd (Forge) holding a security interest under the Personal Property Securities Act 2009 (Cth) (PPSA), trumped Hamersley Iron Pty Ltd’s rights of contractual and equitable set-off. Forge is in receivership and in liquidation. In answering the preliminary issues in dispute between the parties, the Supreme Court examined the complex interaction between contractual and equitable rights, the PPSA and section 553C of the Corporations …

Parents: Active Partners In The Educational Achievement Of Their Children, Michael O'Neill, Shane Lavery, Anne Coffey

eJournal of Catholic Education in Australasia

Parents exercise a significant influence on student achievement and psychosocial functioning within the school environment. However, the best way to involve parents as active partners in the education of their children is not always evident. This article explores the perceptions of parents and their role in the academic achievement of students in nine high performing Catholic secondary schools in Western Australia. Initially, the review of literature focuses on three constructs: relational trust, parental involvement and policy documents for Catholic schools. Data collection involved a series of focus group interviews in which parents were invited to reflect not only on their …

Do Judges Make Law?, Michael L. Barker

The University of Notre Dame Australia Law Review

No abstract provided.

‘Airbnb’ In Western Australia: New Issues For Policy Makers Arising From A ‘Disruptive Innovatation', Bertus De Villiers

The University of Notre Dame Australia Law Review

The short terms rental market, colloquially referred to as ‘Airbnb’ accommodation, has proliferated the Australian (and international) accommodation market. The number of rooms being made available per nights in Australia via sort term rental websites runs into the hundreds of thousands. Policy makers have generally been slow to respond to this ‘disruptive innovation’. It is particularly in strata title schemes where the legality of short term rentals is being tested. In this article consideration is given to a recent judgement of the Supreme Court of Appeal in Western Australia to uphold a decision of the State Administrative Tribunal whereby a …

North Korea And The Madonna Of Czestochowa, Michael Donald Kirby The Honourable

The University of Notre Dame Australia Law Review

No abstract provided.

Rus V Comcare: The Rules Of Evidence In The Aat, Nicholas Cardaci

The University of Notre Dame Australia Law Review

The Rus v Comcare cases arise from a claim for compensation by the widowed Ms Rus. The cases saw a highly contentious piece of evidence tendered. This evidence was hearsay of a lay opinion that answered the ultimate issue. The evidence was considered by the Administrative Appeals Tribunal (‘AAT’) and the Federal Court of Australia (‘Court’). These considerations demonstrate the uncertainty of how the rules of evidence are applicable in tribunals. Specifically, the cases raise applicability of the rules against opinion and hearsay evidence. Further, the relevance of delay and the parol evidence rule to these cases is raised. The …

Reflections On Liability Of Air Carriers For Delay, Vernon Nase

The University of Notre Dame Australia Law Review

This paper provides an analysis of both international and Australian law on the liability of air carriers and compensation for delay. It discusses the need for States to develop standard regulatory responses to delay in international carriage. It uses the EC Regulation and the New Zealand legislation as models for developing clearer legal principles and ensuring appropriate compensation for passengers affected by delay. It concludes that domestic regulation and guidance regarding delay and overbooking of flights is required to ensure appropriate liability of air carriers and clarity for passengers.

Constitutional Conflict And The Development Of Canadian Aboriginal Law, Guy Charlton, Xiang Gao

The University of Notre Dame Australia Law Review

This paper argues that aboriginal rights in Canada have been greatly affected by 19 th century governmental and social conflicts within the Canadian colonial state. These conflicts, largely over the ownership of land and regulatory authority between the federal government and the provinces necessarily impacted the First Nations on the ground while affecting how their legal claims were recognized and implemented. In particular they impacted the legal efficacy of treaty rights, the scope of rights recognised by the courts and an expansive legally protected notion of indigenous sovereignty. As a result, the rights now protected under sec. 25 and 35 …

Theological Foundations Of Pastoral Care In Catholic Universities, Thomas V. Gourlay

eJournal of Catholic Education in Australasia

One defining element of life in any Catholic educational institution, whether it be primary, secondary, or tertiary, is the focus on pastoral care for staff and students. This paper provides a distinctly Catholic definition of the term ‘pastoral care’ and briefly examines the theological foundations that underpin this concept, particularly, in relation to its application in the Catholic university. The paper traces the motif of pastoral care through the Scriptures and, building on insights from St. Pope John Paul II’s Apostolic Constitution on Catholic Universities, Ex Corde Ecclesiae (1990) and the broader theological anthropology of the Vatican II Council. The …

How Will A Fourth Cross Curriculum Priority Of Catholicity And An Eighth General Capability Of Wisdom Contribute To Catholic Curriculum In Tasmanian Catholic Schools?, Bobbi-Jo Bailey, Alanna Stretton, Anita Cunningham

eJournal of Catholic Education in Australasia

The Australian Curriculum identifies seven general capabilities (knowledge, skills, behaviours and dispositions) and three cross curriculum priorities (Sustainability; Aboriginal and Torres Strait Islander Histories and Cultures; Asia and Australia’s Engagement with Asia) that students require for twenty-first century engagement and learning. In its implementation of the Australian Curriculum, The Tasmanian Catholic Education Office (TCEO) is considering introducing a fourth cross curriculum priority of Catholicity and an eighth general capability of Wisdom, in order to enhance the Catholic curriculum for Tasmanian Catholic schools. Using the stages of theological reflection outlined by Dr. Drasko Dizdar, this article will explore why a fourth …

A Systematic Narrative Review Of Literature On Catholic Schools In Australia To Better Understand The Role Of School Leadership Deploying And Integrating Information And Communication Technology (Ict) In This Environment, Steven Francis Vella, Oliver Kisalay Burmeister, Arnela Ceric, Andrew Barnden

eJournal of Catholic Education in Australasia

Research literature within school education present school leaders with a range of roles deploying and integrating Information and Communication Technology (ICT). Roles range from being critically important for success, being needed but to a lesser extent, through to not being needed at all. Australian Catholic schools operate in the same political and social context as schools from other sectors but assimilate the Catholic mission in what they do. To determine if the role of school leadership deploying and integrating ICT in Australian Catholic schools reflected literature from the broader education environment, this study carried out a systematic narrative literature review …

Considering Governance Of Catholic Schools In Canada: Some Insights For Australia, Richard M. Rymarz

eJournal of Catholic Education in Australasia

A consideration of Canadian Catholic schools provides insights for Australian educators. The history and current structure and function of Canadian Catholic schools reflect provincial differences. In Alberta, Saskatchewan and Ontario Catholic schools exist as fully funded separate schools. They have been seen to be successful in providing a high quality education that meets general educational, or first order, needs. A key challenge for Canadian Catholic schools is how they respond to new issues such as developing policy for transgendered students. These are termed as second order challenges. In addressing these challenges a number of implications can be drawn for Australian …