Arts and Humanities Commons^™

Using Strategic Culture To Understand Participation In Expeditionary Operations: Australia, Poland, And The Coalition Against The Islamic State, Fredrik Doeser, Joakim Eidenfalk

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article investigates how strategic culture influenced the decision-making of Australia and Poland regarding the global coalition against the Islamic State. In the coalition, Australia has followed its tradition of active participation in United States-led operations, while Poland has embarked on a more cautious line, thereby breaking with its previous policy of active participation. The article examines how Australian and Polish responses to the coalition were shaped by five cultural elements: dominant threat perception, core task of the armed forces, strategic partners, experiences of participating in coalitions of the willing, and approach to the international legality of expeditionary operations. It …

Australia And The Secretive Exploitation Of The Chatham Islands To 1842, Andre Brett

Faculty of Law, Humanities and the Arts - Papers (Archive)

The European discovery of the Chatham Islands in 1791 resulted in significant consequences for its indigenous Moriori people. The colonial Australian influence on the Chathams has received little scholarly attention. This article argues that the young colonies of New South Wales and Van Diemen's Land led the exploitation of the archipelago before its annexation to New Zealand in 1842. The Chathams became a secretive outpost of the colonial economy, especially the sealing trade. Colonial careering transformed the islands: environmental destruction accompanied economic exploitation, with deleterious results for the Moriori. When two Māori iwi (tribes) from New Zealand's North Island invaded …

No Longer Tied To Britain, Australia Is Still Searching For Its Place In The World, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

It is worth noting that Australia Day commemorates the dumping of a cargo of the outcasts of Britain on the shores of the Australian continent. It was not an act of escaping religious oppression, as in the case of America, or the founding of a new political order, as in France.

Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Water scarcity is increasingly dominating headlines throughout the world. In the southwestern USA, the looming water shortages on the Colorado River system and the unprecedented drought in California are garnering the greatest attention. Similar stories of scarcity and crisis can be found across the globe, suggesting an opportunity for sharing lessons and innovations. For example, the Colorado River and Australia's Murray-Darling Basin likely can share many lessons, as both systems were over-allocated, feature multiple jurisdictions, face similar climatic risks and drought stresses, and struggle to balance human demands with environmental needs. In this conference we cast our net broadly, exploring …

Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Joe Flotemersch, US Environmental Protection Agency (EPA), Office of Research and Development

21 slides

Agenda: Indigenous Water Justice Symposium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Indigenous Water Justice Symposium (June 6)

Indigenous peoples throughout the world face diverse and often formidable challenges of what might be termed “water justice.” On one hand, these challenges involve issues of distributional justice that concern Indigenous communities’ relative abilities to access and use water for self-determined purposes. On the other hand, issues of procedural justice are frequently associated with water allocation and management, encompassing fundamental matters like representation within governance entities and participation in decision-making processes. Yet another realm of water justice in which disputes are commonplace relates to the persistence of, and respect afforded to, Indigenous communities’ cultural traditions and values surrounding water—more specifically, …

Slides: Synthesis Session: Indigenous Water Symposium, Jason Anthony Robison

Indigenous Water Justice Symposium (June 6)

Presenter: Jason Robison, University of Wyoming

15 slides

My Dreaming - Boobera Lagoon - Gamilaroi Country, Phil Duncan, Thawun Birru, Gomeroi Nation

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

2 pages (includes color illustrations)

Financial Fraud In The Private Health Insurance Sector In Australia: Perspectives From The Industry, Kathryn Flynn

Faculty of Law, Humanities and the Arts - Papers (Archive)

Purpose - While financial fraud against the private health insurance sector in Australia has commonalities to other countries with similar health systems, in Australia fraud against the industry has garnered unique characteristics. The purpose of this article is to shed light on these features, especially the fraught relationship between the private health funds and the public health insurance agency, Medicare and the problematic impact of the Privacy Act on fraud detection and financial recovery. Design/methodology/approach – A qualitative methodological approach was used and interviews were conducted with fraud managers from Australia’s largest private health insurance funds and experts in fields …

Three Tax Alternatives To Restore Sovereignty To Australias States, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.

Unclear About Fairness, Australia's Major Parties Focus On Expediency, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

Both of Australia’s major parties have variously used “fairness” to describe key policies and in their election pitches. Labor leader Bill Shorten emphasised the concept in Sunday’s first leaders’ debate, while Treasurer Scott Morrison said the superannuation changes announced in the May budget were done in the name of fairness.

Indefinite Detention Of People With Cognitive And Psychiatric Impairment In Australia Submission 59, Linda Roslyn Steele

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.

Pinkwashing The Past: Gay Rights, Military History And The Sidelining Of Protest In Australia, Tanja Dreher

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper explores the implications of the militarisation of Australian history and the dilemmas of increasing public support for same-sex marriage in Australia at a time of renewed assaults on Indigenous rights, austerity measures and the silencing of dissent. The paper analyses the celebratory rhetoric which increasingly typifies both marriage equality campaigns and the commemoration of Australia's First World War or 'Anzac' history in popular media and public debate. Against the confluence between ongoing debates on same-sex marriage and the 'Anzac myth', I highlight four key challenges: the silencing of dissent; forgetting of the Frontier Wars; untold stories of civil …

Canada And Australia Share A Political Culture Of Conflict, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

In a recent book, political scientist Tom Flanagan argues that the years of minority government in Canada between 2004 and 2011 had a corrosive effect on Canadian politics and political culture. He comments:

After so many years of continuous campaigning, federal politicans are like child soldiers in a war-torn African country; all they know how to do is fire their AK-47s.

This statement, and many other things that Flanagan describes as features of Canadian politics – including increased centralisation of decision-making in the party and the need to be in constant campaign mode – could also be considered to be …

Australia's Constitution Works Because It Doesn't Define National Identity, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

When Australia’s Founding Fathers came together in the 1890s to draw up a constitution to enable the colonies to federate, what did they think they were doing? Looking at the debates and the Constitution itself, one thing is certain. They were not drawing up a document that defined what it means to be an Australian.

They were engaged in creating a document that would be acceptable to all parties and enshrined the political and legal principles which they had inherited from Great Britain. They looked to their British inheritance because they believed, quite correctly, that the (unwritten) British Constitution worked. …

The Impact Of Section 18c And Other Civil Anti-Vilification Laws In Australia, Luke J. Mcnamara, Katharine Gelber

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper reports on the findings of a large scale study of the impact of anti-vilification (or ‘hate speech’) laws,1 on public discourse in Australia over more than two decades.2 Its scope includes, but is not limited to s 18C of the Racial Discrimination Act 1975 (Cth). We investigated the ways in which legislation might have affected public discourse over time. Our task was methodologically challenging, for connecting changes in public discourse to the introduction or enforcement of hate speech laws is fraught with difficulty. We triangulated data from a range of primary and secondary sources, to investigate the relationship …

Salvador Torrents And The Birth Of Crónica Writing In Australia, Catherine H. Seaton

Faculty of Law, Humanities and the Arts - Papers (Archive)

In Salvador Torrents's 1928 newspaper crónica 'Un Sueño' ('A Dream'),2 the author describes returning home from an arduous day working in the sugar cane fields of Far North Queensland, ready to welcome the sleep that awaits him.With sleep comes a dream, in which Torrents finds himself in an unnamed capital city in Europe, in the company of a large crowd of onlookers, watching handcuffed prisoners being paraded by police. He asks of a finely dressed gentleman: 'What crime have these men committed?' The reply is that these men are political prisoners, who have meddled in matters that do not concern …

Enduring Civilisation, Entangled Histories: Indigenous Australia: Enduring Civilisation At The British Museum, Ian A. Mclean

Faculty of Law, Humanities and the Arts - Papers (Archive)

With about 6200 artefacts, as well as photos and archival materials in its Australian collection, the British Museum (BM) is a rich mine for stories about Australia. However, while most of this collection can these days be seen online, it has featured little in the Museum’s headline stories of Mediterranean and Middle Eastern civilisations or been able to compete with its African galleries.

Early Chinese Newspapers In Australia: Trove Presents A New Perspective On Australian History, Kate Bagnall

Faculty of Law, Humanities and the Arts - Papers (Archive)

Most Australian historians will tell you that there was a “before Trove” and an “after Trove”. Being able to search and access digitised copies of hundreds of Australian newspapers, from major city dailies to small country papers, has changed the way we work and the sorts of histories we are able to write.

The Front Comes Home: Returned Soldiers And Psychological Trauma In Australia During And After The First World War, Jennifer M. Roberts

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.

Professional Misconduct: The Case Of The Medical Board Of Australia V Tausif (Occupational Discipline), Caroline Colton

Faculty of Law, Humanities and the Arts - Papers (Archive)

In 2014, the Australian Capital Territory Civil and Administrative Appeals Tribunal (ACAT) made a finding of professional misconduct against a Canberra general practitioner working in two bulk-billing medical practices established by a corporate medical practice service company, Primary Health Care Limited (Medical Board of Australia v Tausif (Occupational Discipline) [2015] ACAT 4). This column analyses that case, particularly in relation to the ACAT finding that the practitioner's professional misconduct was substantially contributed to by an unsafe system of care, specifically, the failure of Primary Health Care to provide supervision and mentoring for clinicians working at its medical centres. The case …

Professional Misconduct: The Case Of The Medical Board Of Australia V Tausif (Occupational Discipline), Caroline Colton

Faculty of Law, Humanities and the Arts - Papers (Archive)

In 2014, the Australian Capital Territory Civil and Administrative Appeals Tribunal (ACAT) made a finding of professional misconduct against a Canberra general practitioner working in two bulk-billing medical practices established by a corporate medical practice service company, Primary Health Care Limited (Medical Board of Australia v Tausif (Occupational Discipline) [2015] ACAT 4).

Motivations, Learning Activities And Challenges: Learning Mandarin Chinese In Australia, Xiaoping Gao

Faculty of Law, Humanities and the Arts - Papers (Archive)

Mandarin Chinese is ane of the priority languages in the Australian Government's {2012} 'Australia in the Asian Century' White Paper. However the number of Australian learners of Mandarin remains the smallest among six commonly taught foreign languages in Australia. What are Australian learners' motivations and preferred learning activities for learning Mandarin Chinese? What challenges do teachers face when promoting this language? To answer these questions, this study conducted surveys with 149 school students and with 18 principals and language teachers in New South Wales. Results show that the Australian students' study of Mandarin was primarily driven by extrinsic motivation although …

Discretionary Benefit Or Entitlement? Hospitality Workers And The Ownership Of Customer Tips In Australia, Amelia Gow, Andrew Frazer

Faculty of Law, Humanities and the Arts - Papers (Archive)

The tipping of hospitality workers by customers is an increasingly common custom in Australia. Tips are a substantial (though unquantified) part of the income of hospitality workers. Such workers are often casual and vulnerable young employees. Tipping occurs in a tripartite relationship between the business operator, the customer and the worker. It is almost completely unregulated by the labour law instruments of awards and enterprise agreements. This is a ‘regulatory space’ where labour law and consumer protection law may potentially intersect.

Who owns tips? While customers may reasonably assume that service workers will receive all the tips they leave, either …

Theatrical Jurisprudence And The Imaginary Lives Of Law In Pre-1945 Australia, Marett Leiboff

Faculty of Law, Humanities and the Arts - Papers (Archive)

If there is anything like an imagined pre-1945 past in Australia, it is one steeped in an Anglophone legal ascendancy. But this is an imaginary past in so many ways. Non-British Europeans came to Australia long before 1945. These earlier Europeans were marked by differences of voice and face, but were eager British subjects, as likely to actively take advantage of law as they were to be subjected to its strictures. By theatricalising their ordinary and extraordinary legal lives through archive and memory, we are reminded that there is more to law of the South than formal accounts which have …

Food Safety Offenses In New South Wales, Australia: A Critical Appreciation Of Their Complexities, Abu Noman Mohammad Atahar Ali, S M. Solaiman

Faculty of Law, Humanities and the Arts - Papers (Archive)

Food is essentially a primary need of all life to remain alive. Faults or carelessness of human beings renders foods unsafe, which may cause disease and death. This article examines selected food safety offenses of New South Wales aimed at assessing their definitional clarity and penal rationality looking through the lens of an offender's culpability. It carries out a critical analysis based on archival materials and concludes that the present offense provisions hold significant merits to regulate food safety; however, further clarity of their inherent complexities could enhance their efficacy.

Teachers' Attitudes Towards Computer-Assisted Language Learning In Australia And Spain, Lidia Bilbatua, Alfredo Herrero De Haro

Faculty of Law, Humanities and the Arts - Papers (Archive)

A review of the existing literature shows that when it comes to studying attitudes towards CALL (Computer-Assisted Language Learning), researchers have traditionally focused on students’ perspectives and ignored teachers’ views. This study focuses on teachers’ attitudes towards CALL in order to gain a better understanding of what issues, advantages, and disadvantages teachers come across when incorporating CALL into their teaching. Furthermore, a group of teachers from Australia and Spain has been interviewed to compare how views on CALL vary across professionals in these two countries. As some authors have previously proved, the more IT literate teachers are, the more likely …

Statutory Civil Liabilities Of Corporate Gatekeepers For Defective Prospectuses In Australia, The United States, The United Kingdom And Canada: A Comparison, S M. Solaiman

Faculty of Law, Humanities and the Arts - Papers (Archive)

Securities regulation is largely the regulation of information asymmetry in relation to the selling of financial assets described as securities. This selling requires information concerning issuers and their securities to be disclosed to the investing public. Securities regulation seeks to regulate this disclosure in order to ensure a level playing field between issuers and their potential investors. The House of Lords in Peek v Gurney held in 1873 that the objective of a prospectus was to enable investors to make an informed investment decision.' Most of the recent corporate failures in the United States between 2001 and 2002 such as …

Explainer: How Do Australia's Laws On Hate Speech Work In Practice?, Luke Mcnamara, Katharine Gelber

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Abbott government’s intention to amend national racist hate speech law has reignited a debate that has raged in Australia for decades: is there a place for laws that condemn public conduct that is likely to cause harm or generate ill-feeling towards racial minorities?

It’s an important question, and diverse views should be ventilated.

But the grand claims made from both corners – that hate speech laws have no place in a democracy, or that they are a valuable way of protecting minorities – are rarely backed up with evidence. This is unfortunate and unnecessary. Today, more than 20 years …

A Secular Australia? Ideas, Politics And The Search For Moral Order In Nineteenth And Early Twentieth Century Australia, Gregory Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article argues that the relationship between the religious and the secular in Australia is complex and that there has been no simple transition from a religious society to a secular one. It argues that the emergence of apparently secular moral orders in the second half of the nineteenth century involved what Steven D. Smith has termed the 'smuggling in' of ideas and beliefs which are religious in nature. This can be seen clearly in the economic debates of the second half of the nineteenth century in Australia in which a Free Trade based on an optimistic natural theology battled …