Law Commons^™

Speaking Too Soon: The Sabotage Of Bail Reform In New South Wales, D. Brown, Julia Quilter

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

Within just over one month of coming into operation in May 2014, the new Bail Act 2013 (NSW), a product of long-term law reform consideration, was reviewed and then amended after talk-back radio ‘shock jock’ and tabloid newspaper outcry over three cases. This article examines the media triggers, the main arguments of the review conducted by former New South Wales (NSW) Attorney General John Hatzistergos, and the amendments, with our analysis of the judicial interpretation of the Act thus far providing relevant background. We argue that the amendments are premature, unnecessary, create complexity and confusion, and, quite possibly, will have …

Developments In The Right To Defence For Juvenile Offenders Since Vietnam’S Ratification Of The Convention On The Rights Of The Child, Thi Thanh Nga Pham

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

This article examines Vietnam’s legal changes and law enforcement practices in regards to the right to defence of juvenile offenders since Vietnam ratified the United Nations Convention on the Rights of the Child in 1990. A combination of research methods is employed, including document analysis, statistical analysis, and selected case studies. The findings of the research indicate that Vietnam has demonstrated considerable improvement in acknowledging the right to defence of juvenile offenders in its law. The contemporary Vietnamese regulations are similar to the CRC’s requirements about legal assistance for juvenile offenders. The implementation of the law, however, confronts difficulties as …

Careful Who You Chat With: It Could Turn You Into A Criminal, Luke Mcnamara

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

Next time you strike up a conversation at your local coffee shop, have a chat in the pub after work, or have a natter with fellow dog lovers as you follow your pooch around the park, you may want to get in early with a few key questions. Like, “Do you have a criminal record?” If yes, I suggest you ask a delicate follow-up: “How serious was your crime?”

Thực Thi Công Ước Quyền Trẻ Em Ở Việt Nam:Tuổi Chịu Trách Nhiệm Hình Sự Và Chế Tài Đối Với Người Chưa Thành Niên Phạm Tội, Thi Thanh Nga Pham

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

Giới thiệu chung

Tuổi chịu trách nhiệm hình sự (TNHS) và chế tài hình sự hay hình phạt là những vấn đề cơ bản và không thể thiếu trong cả hệ thống pháp luật quốc gia và quốc tế, thể hiện quan điểm và cách thức xử lý người phạm tội, cũng như các biện pháp bảo vệ trật tự xã hội, an toàn công cộng và quyền con người. Việc xác định những giới hạn độ tuổi chịu TNHS thích hợp, đặc biệt là tuổi tối thiểu luôn là vấn đề khó khăn khi xây dựng chính sách hình …

Walking, Writing And Dreaming: Rebecca Solnit’S Polyphonic Voices, Marcus O'Donnell

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

American writer Rebecca Solnit has published 17 books since 1990, ranging from biography to cultural histories and art criticism to personal essays. Because her work is not easily classified and because she sits at the intersection of a number of different fields, her work provides a particularly interesting case study of hybrid practices in contemporary non-fiction. This article argues that her work is a form of literary journalism: polyphonic open journalism. Solnit’s work demonstrates traces and practices arising from her training as a journalist that she has combined them with writerly and activist practices that produce a distinctive open form …

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 Future Of History, Rowan Cahill

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

war in Iraq (2003) in the bloody search-and-destroy mission against non-existent Weapons of Mass Destruction (WMD) recently confessed to being a little embarrassed.

On the September 2014 eve of the release of The Menzies Era, his book of hero worship about conservative Australian PM Sir Robert Menzies, Howard told an interviewer that, when it became public knowledge, the US intelligence reports he based his decision on regarding WMD were faulty, well, he was embarrassed. Not ashamed, mind you, not distraught … which might be expected, since he has a huge amount of civilian blood on his hands … no, just …

Economics Hijackers Could Do With A History Lesson, Simon Ville

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

Behind every economic policy initiative lies a narrative justifying that course of action: immigration increases unemployment; public debt is unsustainable; manufacturing is interminably declining; city growth is out of control.

We have many “narrators” driving these discussions of economics – the media, political parties, public sector bodies, business and indeed universities – each with their own set of interests and values.

Unfortunately, among these claimants, the voice of economic history has remained largely silent or selectively galvanised to prosecute a triumphalist or doomsayer interpretation: “the clever country’s many successes in policy and business”; or “the lucky country’s history has been …

Shame And The Anti-Suffragist In Britain And Ireland: Drawing Women Back Into The Fold?, Sharon Crozier-De Rosa

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

Shame has been heavily relied on as a political tool in the modern world and yet it is still a much under-historicised emotion. Using the examples of early twentieth-century Britain and Ireland, I examine how women opposed to the campaign for female suffrage used shame instrumentally in their writing. Exploring the versatility of this political device, I find that shame was used with the oppositional intentions of binding and excluding. Whereas British conservatives used it to protect an already well-established imagined community of good imperial women, Irish radicals drew on it to invite women to take part in the construction …

A Long Shadow, Rowan Cahill

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

I never knew my grandfather, the father of my mother. But he was a WWI veteran. Originally a baker by trade in Beechworth (Victoria), by the First World War he was a horse whisperer in the Tumut region of NSW. At the age of 50 in 1915, he went to war with his horse Conquerer, with the 2nd Remount Unit.

So Hot Right Now: The Middle Ages In The Climate Change Debate, Louise D'Arcens, Clare Monagle

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

“Medieval” has become the accusation du jour in Australian domestic politics, used with equal conviction across the spectrum to discredit opponents’ views. One debate where this accusation has taken centre stage is over Australia’s response to human-induced climate change.

Cinema Of Actuality: Japanese Avant-Garde Filmmaking In The Season Of Image Politics By Yuriko Furuhata (Review), Michael Leggett

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

The Japanese word eizo is central to an understanding of the significance of the interventions made into the cultural life of the nation by a relatively small grouping of artists and writers working between the 1950s and 1970s. Traditionally used as a phenomenological term in science and philosophy, the character connoted shadow or silhouette, later shifting to signify optical processes. Like the Greek term tehkne, creativeness and the tools used to achieve the outcome are relative, nuanced and complex.

What’S Killing Tassie Devils If It Isn’T A Contagious Cancer?, Jody Warren, Brian Martin

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

Scientists have been trying to figure out the cause of the deadly cancer affecting so many Tasmanian devils but the research doesn’t seem to be providing many useful answers. What if they’re looking in the wrong place for a cause and a cure?

The Tasmanian devil is Australia’s largest carnivorous marsupial. It is currently listed as “endangered” and risks becoming extinct. Most of the devils in Tasmania are developing ugly tumours on their faces due to what is called devil facial tumour disease (DFTD), and it is nearly always fatal.

The disease was first observed in 1996 and research into …

Submission Letter To The Nsw Sentencing Council, David Brown, Julia Quilter

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

Re: Bail - Additional show cause offences

We refer to the Attorney General's request for the Sentencing Council to consider a proposal to make amendments to the Bail Act 2013 (NSW) ('the 2013 Act') and specifically the Terms of Reference regarding the addition to the categories of offences for which the accused must 'show cause' before bail may be granted. The specific addition under consideration is with respect to an accused charged with a serious indictable offence committed:

• while subject to a good behaviour bond, intervention program order, intensive correction order;

• while serving a sentence in the community; …

Lobbying, Greenwash And Deliberate Confusion: How Vested Interests Undermine Climate Change, Sharon Beder

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

Politicians in many nations have not been responsive to community concerns about global warming because of a highly successful corporate campaign of misinformation and persuasion. Corporations that would be affected by measures to reduce greenhouse gas emissions set out to confuse and deceive the public and policy-makers on the issue. They use corporate front groups, public relations firms and conservative think tanks to cast doubt on predictions of global warming and its impacts, to imply that governments do not know enough to act, to argue that the cost of reducing greenhouse gases is prohibitively expensive and to promote doubtful solutions …

Business-Managed Democracy: The Transnational Class, Sharon Beder

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

“The rise of corporate power and the increasing importance accorded to markets mean that transnational corporations are eclipsing the nation state as the driving force behind policy-making. Free trade has been given precedence over goals such as environmental protection, improved working conditions, affordable and accessible electricity and water, universal health care and schooling.”

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), …

Well-Connected Indigenous Kids Keen To Tap New Ways To Save Lives, Bronwyn Carlson

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

Tony Abbott is spending this week in North-East Arnhem Land, part of his long-held hope “to be not just the Prime Minister but the Prime Minister for Aboriginal Affairs”. We asked our experts: what stories does the PM need to hear while he’s in the Top End?

Two things are part of the everyday reality of life for many Australian kids, teens and 20-somethings. One is their avid use of social media to connect with friends and share their feelings via status updates, spending hours glued to their mobile phones. But, sadly, too often the other everyday reality is self-harm …

Snobbery In The Academy Is Alive And Well And Doing Harm, Brian Martin, Majken J. Sorensen

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

A female engineering student walked into her first lab class. One of the male students said: “The cookery class is in another room.”

A professor was always willing to drop everything to talk with a colleague. But when one of his research assistants contacted him, he would say to come back later.

A student wanted to do a survey and commented to a mathematician friend: “I think I’ll seek advice from some sociologists.” The mathematician responded: “What would they know about it?”

Snobbery is a sense of superiority or exclusiveness, often expressed with condescending comments or actions that reject others. …

Greenhouse Gas Emissions From International Shipping: The Response From China's Shipping Industry To The Regulatory Iinitiatives Of The International Maritime Organization, Yubing Shi

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

The International Maritime Organization (IMO) received its mandate to regulate shipping greenhouse gas (GHG) emissions from the Kyoto Protocol. However, the IMO Convention and the UN Convention on the Law of the Sea also provide it with competence in this area. In exercising its mandate, the IMO has developed regulatory initiatives. China’s shipping industry is playing a growing role in the international shipping market, and its response to these initiatives will have a substantial effect on the future application of these regulations. This article analyses the GHG mandate of the IMO, examines the main outcomes achieved within the organization on …

The Sustainable Use And Conservation Of Biodiversity In Abnj: What Can Be Achieved Using Existing International Agreements?, Jeff Ardron, Rosemary Rayfuse, Kristina Gjerde, Robin Warner

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

Attention has recently been given to shortcomings and gaps in the governance regime for marine areas beyond national jurisdiction (ABNJ), especially with regard to the conservation of marine biodiversity. This paper provides a brief overview of existing ABNJ treaties and their associated governance bodies. Examples of the manner in which some gaps have been (or are in the process of being) filled are outlined. These examples suggest that given the political will, existing bodies could achieve significantly more. Additionally, greater involvement from those conservation conventions that have already proven themselves to be effective in areas under national jurisdiction, such as …

Anti-Radicalism And History From Below, Rowan Cahill

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

In 1969, American historian Jesse Lemisch was in his early thirties. His politics and approach to history were shaped by the Cold War, as well as his involvements in the civil rights and anti-war movements and other struggles against the power structures of the day. That year, his paper ‘Present-Mindedness Revisited: Anti-Radicalism as a Goal of American Historical Writing Since World War 11’ was the centrepiece of a controversial session of the American Historical Association in Washington, D.C.

Passionate, strident, scholarly and forensic, the Lemisch paper detailed the ways leading American historians variously claimed political neutrality even as they were …

Conserving Marine Biodiversity In The Global Marine Commons: Co-Evolution And Interaction With The Law Of The Sea, Robin Warner

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

As global shipping intensifies and technological advances provide more opportunities to access the resources of the high seas and the deep seabed beyond national jurisdiction (ABNJ), the catalogue of threats to the marine environment and its biodiversity increase commensurately. Beyond these threats, new and emerging uses of ABNJ including more intrusive marine scientific research, bio-prospecting, deep seabed mining and environmental modification activities to mitigate the effects of climate change have the potential to harm the highly interconnected and sensitive ecosystems of the open ocean and the deep seabed if not sustainably managed now and into the future. Modern conservation norms …

A Case Of Open Access, Rowan Cahill

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

I support ‘open access’, the enabling of unrestricted and free internet access to peer-reviewed scholarly research. Too much academic/scholarly writing is locked up behind the paywalls of multinational publishing empires, generating enormous profits from the unpaid, often publicly financed, labours of vassal scholars/academics. So too with scholarly books, confined as they are by small print runs and exorbitant ‘library copy/sale’ prices.

To my mind there is much in contemporary scholarly publishing practice that reminds me of the medieval library at the heart of Umberto Eco’s novel The Name of the Rose (1980), hidden as it is in a labyrinth, accessible …

Book Review: The Art Of Censorship In Postwar Japan. Studies Of The Weatherhead East Asian Institute. By Kirsten Cather, Rowena G. Ward

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

The practice of censorship is a divisive issue that is often justified on moral reasons rather than aesthetic or legalistic ones. It is perhaps because of the claims to morality rather than to the law that it is relatively rare for censorship (or more accurately in Japan’s case, obscenity) to be the subject of criminal trials. Yet, in Japan, from the occupation years through to the present day, there has been on average one high profile censorship trial per decade. In The Art of Censorship in Postwar Japan, Kirsten Cather considers seven such censorship trials held between the 1950s and …

The Enemy Within, Rowan Cahill

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

As the Anzac commemoration industry, awash with millions of dollars of government and corporate investment, gears up to celebrate the centenary of the Gallipoli landing in 2015 (embracing in the process all Australian military adventures overseas going back to involvement in the New Zealand Maori Wars of 1863–64), and the Sudan intervention of 1885), it is salutary to reflect on a seldom discussed Australian military tradition closer to home – in fact, at home.

Simply, military might in Australia has, since early colonial days, been deployed on the home front. Forget the ‘feel good’ domestic use of military forces in …

One-Punch Laws, Mandatory Minimums And 'Alcohol-Fuelled' As An Aggravating Factor: Implications For Nsw Criminal Law, Julia Quilter

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

This article critically examines the New South Wales State Government's latest policy response to the problem of alcohol-related violence and anxiety about 'one punch' killings: the recently enacted Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 (NSW). Based on an analysis of both the circumstances out of which it emerged, and the terms in which the new offences of assault causing death and assault causing death while intoxicated have been defined, I argue that the Act represents another example of criminal law 'reform' that is devoid of principle, produces a lack of coherence in the criminal law and, …

Wittgenstein And Stage-Setting: Being Brought Into The Space Of Reasons, David Simpson

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

Wittgenstein constantly invokes teaching, training and learning in his later work. It is there- fore interesting to consider what role these notions play for him there. I argue that their use is central to Wittgenstein’s attempt to refute cognitivist assumptions, and to show how norma- tive practices can be understood without the threat of circularity, grounded not in a kind of seeing, but in doing, and the natural reactions of an organism. This can generate a worry that Wittgenstein’s position is quietist and anti-critical: critique, as a challenge to the taken- for-granted grammar of our language game, is technically meaningless. …

A Suitable Job For A Woman: Women, Work And The Television Crime Drama, Sue Turnbull

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

The first series of the Channel Nine crime drama series, Underbelly, is the starting point for a reflection on the relationship between women, work, crime and feminism. Following a brief description of the episode 'Wise Monkeys' written by Felicity \Packard which features three of the 'real' women involved in Melbourne's gangland murders, the essay considers the significant role women have played in the depiction of crime on television as creators, writers and actors. In the end, it all comes down to power and control, who wins and who loses in what Gregg and Wilson (2010) have identified as the 'cultural …

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 …