Law Commons^™

History Foundation To Year 12 (In Review Of The Australian Curriculum - Supplementary Material), Gregory Melleuish

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

The Australian history curriculum is compulsory for Years Foundation through to Year 10. It states that its rationale is as follows: ‘The curriculum generally takes a world history approach within which the history of Australia is taught.’ The curriculum is also defined, and limited, by its three cross-curriculum priorities:

* Aboriginal and Torres Strait Islander histories and cultures

* Asia and Australia’s engagement with Asia

* Sustainability.

The Minerals Resource Rent Tax: The Australian Labor Party And The Continuity Of Change, John Passant

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

Purpose - The purpose of this paper is to look at the recent history of proposals to tax resource rents in Australia, from Australia's Future Tax System Report (the "Henry Tax Review") through to the proposed Resource Super Profits Tax ("RSPT") and then the Minerals Resource Rent Tax ("MRRT"). The process of change from Henry to the RSPT to the MRRT can best be understood in the context of the Australian Labor Party (ALP) as a capitalist workers' party. The author argues that it is this tension in the ALP, the shift in its internal balance further towards capital and …

Sovereign Bodies: Australian Indigenous Cultural Festivals And Flourishing Lifeworlds, Lisa Slater

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

In 2008, I was an observer at a two-day workshop concerned with the future of the Laura Aboriginal Dance Festival. The delegates were Aboriginal and Torres Strait Islander peoples from across Cape York Peninsula, representing communities (Indigenous townships) that dance at this long-running event. There was an openfloor discussion; following cultural protocols, one by one elders got to their feet to speak for country. A highly respected elder told of how he and his family cared for country - walked, talked, sung, hunted, burned - to keep their ancestral lands healthy, as the land looked after them. He then passionately …

Hayloft's Thyestes: Adapting Seneca For The Australian Stage And Context, Margaret Hamilton

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

This essay examines The Hayloft Project's theatre production Thyestes, first performed at the Malthouse Theatre in Melbourne in 2010. It takes as its starting point public criticism of the practice of adaptation as a derivative form. Contrary to this position, the essay applies recent theorizations of theatre as a hypermedium in order to argue that adaptation is an integral, structural component of theatre rather than simply an intertextual, representational strategy. In doing so, it positions Brechtian approaches to the medium as a historical precedent through which to consider the dramaturgical strategies at work in the production, and it extrapolates on …

The Nation Or The Globe?: Australian Literature And/In The World, Antonio Simoes Da Silva

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

Although far more nuanced and complex than am I suggesting here, I want to take the central thesis in Philip Mead’s ‘Proust at Caloundra’, a review-essay of Robert Dixon and Brigid Rooney’s Scenes of Reading: Is Australian Literature a World Literature? (2013), as a reminder of the importance of the national, and indeed the local, in the transnational turn in literary studies of the last decade or so. As Mead notes, slightly tongue-in-cheek, ‘[a]ll models of the world literary system … are structured according to complex political and cultural geometries and desires, as much as by national cultural genetics. There …

Moya Dyring: An Australian Salon In Paris, Melissa J. Boyde

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

Part of the early Heide circle, Moya Dyring left Melbourne for Europe in the late 1930s and lived much of her life in Paris, in an apartment on the Ile St Louis which became known as Chez Moya. This exhibition follows Dyring’s transition from art student at the National Gallery School in Melbourne (1929-1932), where she met her future husband Sam Atyeo, to Parisian resident and charismatic salonnière – from Heide to the Left Bank.

As a young artist, Dyring was among the first painters in Melbourne to respond to the influence of Cubism, evident in her painting Melanctha (1937), …

Review Of "Speaking The Earth's Languages: A Theory For Australian-Chilean Postcolonial Poetics', Michael R. Jacklin

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

Critical connections between Australian and Latin American literature are few and far between. Equally rare are readings which place Aboriginal literary production in Australia alongside that of Indigenous writing from Hispanic or Lusophone America. While a number of scholars have drawn comparisons between Australian Aboriginal writing and English-language Indigenous literature from North America, Indigenous writing from South and Central America has remained an almost terra incognita for Australian scholarship. Stuart Cooke’s study Speaking the Earth’s Languages: A Theory for Australian-Chilean Postcolonial Poetics reads Aboriginal poetic works by Paddy Roe, Butcher Joe Nangan and Lionel Fogarty along with poetry by Chilean …

Indian Movies, Brand Australia And The Marketing Of Australian Cosmopolitanism, Andrew Hassam

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

Indian movies shot overseas have attracted the attention of not only advertising agencies keen to see their clients' brands appearing on-screen, but also government tourism commissions eyeing India's growing middle classes as potential visitors. Australian federal and state governments offer Indian film producers financial incentives to film in Australia, and Australian cities now regularly supply Indian movies with backdrops of upmarket shopping malls, stylish apartments and exclusive restaurants. Yet in helping to project the lifestyle fantasies of India's new middle classes, Australian government agencies are supporting an Indian view of Australia. While this image may attract Indian tourists to Australia, …

New Australian Art Song For Low Voice, Lotte Latukefu

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

World Premieres were given of the following songs:

Bitter Cold; The Ghost Road; Autumn Thoughts- composer- Larry Sitsky At the Triton's Call- composer- May Howlett

The Vietnamese Concept Of A Feminine Ideal And The Images Of Australian Women In Olga Masters’ Stories, Thu Hanh Nguyen

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

In this paper I compare Olga Masters’ portrayals of women with the ideals which are currently expected to be followed by Vietnamese women. The paper will investigate to what extend Olga Masters’ work corresponds to the Vietnamese traditional expectation of feminine ideals which are based on four essential attributes: industriousness, appropriate self-presentation, good communication skills, and virtue.

Introduction: Nationalism And Transnationalism In Australian Historical Writing, Sharon Crozier-De Rosa, David Lowe

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

One of the strongest trends in Australian historical writing over the last two decades has been a drive to emphasise the nation’s connectedness with the rest of the world. Across a range of historical genres and topics, we have seen a new enthusiasm to explore entanglements between Australian history and that of other places and peoples. The history of travel has been an important contributor to this line of inquiry, but it is at the more intellectual, imaginative and emotional levels that the greatest gains are sometimes claimed for the study of what has become known as ‘transnationalism’. This trend …

Becoming Buddhist: Experiences Of Socialization And Self-Transformation In Two Australian Buddhist Centres, Josip Matesic

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

Review of: Glenys Eddy: Becoming Buddhist: Experiences of Socialization and Self-Transformation in Two Australian Buddhist Centres. London, U.K.; New York, U.S.A: Continuum, 2012; pp. xiii + 220.

Teaching A Mother Tongue Far Away From The Motherland: An Analysis Of Chinese Language Curriculum In Australian High Schools, Min Tao, Wei Wang

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

This article is concerned with the situation of teaching of Chinese as a first language or a mother tongue in Australia. Based on the analysis of the curriculum documents, students ' identities and exam papers in Victoria and New South Wales, the two biggest states in Australia, we argue that 1 ) the emergence of Chinese as a first language curriculum in Australia where English is the de facto national language is attributed to the globalisation and commercialisation in education; 2) the curriculum design of Chinese as a first language represents the curriculum' s Euro-centric mind-set and this also results …

Negotiating The Liminal Divide: Some Italian-Australian Diasporic Poets, Gaetano Rando

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

This essay offers a survey of some of the leading first-generation Italian-Australian poets, and does not attempt to be definitive. As Adam Aitken points out in his ‘Asian-Australian Diasporic Poets: A Commentary’ (Cordite, 1 August 2012), ‘Diasporic poetics raise more questions than they answer and are just as much about dis-placement as about place, just as much about a ‘poetics of uncertainty’ as about certainties of style/nation/identity.’ Diasporic poetics is, arguably, also very much a poetics of engagement with the liminal divide, a process that is not linear but cyclic, as crossings in liminal space and time join an implicit, …

Responding To Genocide: Australian Parliamentary Discussions About The Crisis In Darfur, Deborah Mayersen, Thomas Galloway

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

‘Australia’s response [to the crisis in Darfur] has been slow, it has been hesitant, and, I regret to say, it has been inadequate’, remarked Shadow Minister for Foreign Affairs Kevin Rudd in February 2005 (House of Representatives Hansard: 47). Since 2003, genocide in Darfur has claimed more than 300,000 lives, with 2.6 million more displaced by the conflict (Degomme and Guha-Sapir 2010: 294-300; Reeves 2012). The international response to the crisis has been slow and lacklustre, and while the intensity of the conflict has fluctuated in the past nine years, the situation remains dire. The Australian government’s policy response to …

Namatjira's Absent Presence In Australian National Discourse, Ian A. Mclean

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

By the early 1950s Albert Namatjira had achieved an unprecedented presence in the Australian consciousness. He had sell-out exhibitions, received more press coverage than any other Australian artist, was lionized in Australia’s capital cities and had become a household name. His success was due to more than the quality his art. His Aboriginality played into the mid-twentieth-century discourse of Australian nationalism and the look and subject matter of his paintings reflected the most prominent and popular school of Australian landscape art associated with this discourse. Why then is his work absent from official exhibitions designed to promote the idea of …

The Young Report: An Australian Perspective On The Latest Response To Britain's "Compensation Culture", James Goudkamp

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

This article addresses the Young Report, which is an important recent response to Britain's putative ‘compensation culture’. This report is examined with reference to the far-reaching reforms of tort law that occurred in Australia at the start of the twenty-first century. The analysis reveals that while there are certain similarities in the way in which tort law has been reformed in Australia and Britain, the reform experience in these jurisdictions has been quite different. The main difference is that attention in Britain has centred on the system of procedure by which tort law is administered whereas in Australia the focus …

Transnational Imaginaries: Reading Asian Australian Writing, Wenche Ommundsen

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

When did ‘Asian Australian writing’ come into existence? Answering this question is almost as difficult as deciding when people from the regions now known as Asia first arrived in Australia. We know, for example, that Chinese settlers filed petitions protesting their treatment by colonial governments as early as 1855 (Broinowski 11), and that autobiographical writing appeared in the 1920s (Shen 2001). Creative writers started publishing in the 1950s (Mena Abdullah), 60s (Chitra Fernando) and 70s (Ee Tiang Hong, Brian Castro) – and when we know more about publications in languages other than English, these dates are likely to be pushed …

Bullshit: An Australian Perspective, Or, What Can An Organisational Change Impact Statement Tell Us About Higher Education In Australia?, Katherine Bode, Leigh Dale

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

In the last few years, a scholarly critique of current forms and directions of higher education has become increasingly prominent. This work, often but not exclusively focussed on the American and British systems, and on humanities disciplines, laments the transformation of the university into ‘a fast-food outlet that sells only those ideas that its managers believe will sell [and] treats its employees as if they were too devious or stupid to be trusted’ (Parker and Jary 335). Topics include the proliferation of courses and subject areas seen as profitable, particularly for overseas students;1 the commensurate diminution or dissolution of ‘unprofitable’ …

Science, Biodiversity And Australian Management Of Marine Ecosystems, Richard Kenchington, Pat Hutchings

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

The United Nations Convention on Law of the Sea (UNCLOS) (United Nations 1982) came into effect in 1994. Signatory nations have substantial management obligations for conservation of marine natural resource and ecosystems. In this paper we discuss the challenges of defining and monitoring biodiversity at scales required for management of marine ecosystems. Australia's area of immediate responsibility under UNCLOS covers an area of 11 million sq km with further linked responsibilities for an estimated area of 5.1 million sq km of continental shelf. This presents substantial data challenges for development and implementation of management. Acoustic seabed mapping is providing substantial …

'Integration', Vietnamese Australian Writing, And An Unfinished Boat Story, Michael R. Jacklin

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

This article contributes to the critical commentary on boat narratives through a reading of an early and little-known example of a Vietnamese Australian boat story: ‘The Whitish-Grey Dove on the Disorientated Boat’, a serialised novella which was published in Integration: The Magazine for Multicultural and Vietnamese Issues from 1994 to 1998. Focusing on this novella and the magazine in which it appeared serves two objectives: the first is to make the argument that Vietnamese Australian writing has a longer and more active history than may be commonly recognized or acknowledged and that ‘the boat’ is a significant figure in this …

Calling Out The Troops - The Australian Military And Civil Unrest: The Legal And Constitutional Issues By Michael Head, Cameron Moore

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

[As of 2006, part IIIAAA of the Defence Act 1903 (Cth) permits Australian military aircraft and warships to fire missiles into civilian aircraft or shipping where they present a threat to 'Commonwealth interests'. There is no need for a declaration of war nor any actual armed conflict to be taking place. This is not to say that there are no checks and balances. There are, and they include the concurrence in most circumstances of the Prime Minister, Attorney-General, Defence Minister and Governor-General. However, such powers were too much for the German Constitutional Court, which struck down comparable German legislation. This …

Applying Australian Laws To Seize Illegally Harvested Logs From Indonesia (Wuhan Colloquium 2009), Gregory L. Rose

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

Outline:

Transnational organised crime

Environmental crime linkages

Logging case study

Transnational enforcement

The Offshore Jurisdiction Of The Australian States, Stuart B. Kaye

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

Australian offshore jurisdiction is among the most complex in the world, not least in part because of the division in jurisdiction between the Commonwealth Government in Canberra, and the Australian state governments. State jurisdiction is increasingly important in Australia, with increases in maritime capabilities for state police forces, the proliferation of state marine parks as part of the suite of national parks and the relevance of state jurisdiction to native title. This article provides an introduction to the determination of maritime jurisdiction vested in the Australian states, an area of law generally poorly understood and seldom considered by publicists.

Shirley Hazzard And I: The Self, The Writer, The Nation And The World At 'Australian Literature In A Global World', Anne Collett

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

"I don't believe that the best of this country's writers will wish to rest on 'identity': that is, to invite the risk that a work will be praised, and even over-valued, for its Australian associations - however striking their effects - rather than for its greater human truth." (Hazzard, Boyoer Lectures, 28)

Australian And Chinese Perceptions Of (Im)Politeness In An Intercultural Apology, Wei-Lin Melody Chang

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

This study aims to explore the variables in perceptions of (im)politeness in an intercultural apology, focusing on discussion of the cultural and gender differences. Through the study’s instrument, a conversation between an Australian and a Taiwanese Chinese speaker, the study suggests that there are indeed some differences in perceptions of (im)politeness across different cultural groups, since the participants from these two backgrounds tend to use distinctive strategies to make apologies. The study’s findings indicate that the cultural factor is more influential in the perceptions of (im)politeness than the gender factor. The gender differences found in these perceptions require further investigation …

The Allied Occupation Of Japan - An Australian View, Christine De Matos

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

The Japanese Occupation is generally remembered as primarily an American affair and as a dichotomous relationship between Japan and the United States. However, it was an Allied Occupation, and, despite the persistence of selective historical memories, there was a distinct and at times contentious Allied presence, contribution, and experience. The Occupation provided a terrain on which the victor nations, believing their social, economic and political values vindicated by victory, competed to reshape the character of Japan's modernity. One Ally that participated in this process, and often acted as a dissenting voice, was Australia. Examining the involvement of additional participants in …

A Review Of A. Dirk Moses (Ed.), Genocide And Settler Society: Frontier Violence And Stolen Indigenous Children In Australian History, Lorenzo Veracini

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

Genocide and Settler Society constitutes a successful exercise in deparochialization. Until now, discussions of genocides in an Australian context have centered on whether this category could be applied, accompanied by debated qualifications, to the experience of Indigenous people. On the contrary, Genocide and Settler Society ultimately and convincingly reverses this order. It is not a matter of testing the relevance of genocide studies to Australian history; rather, there is a need to explore the ways in which genocide studies at large can benefit from an appraisal of the Australian experience. In order to perform this intellectual recasting, Dirk Moses has …

Genocide And Colonialism, Ii: Discussing A Recent International Conference On 'Genocide And Colonialism' And Its Implications For Australian Debates, Lorenzo Veracini

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

Lorenzo Veracini reviews a recent international conference on 'Genocide and Colonialism' and its implications for Australian debates.

"Kissing The Noose Of Australian Democracy": Misplaced Faiths And Displaced Lives Converse Over Australia's Rising Fences, Gay Breyley

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

No abstract provided.