Law Commons^™

Introduction, Christine M. De Matos

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

It was during the seasonal change from summer to autumn that I first landed in Tokyo as a naïve 21 year old, ready to embark on a working holiday adventure. I had no Japanese language skills, no knowledge of Japanese history or culture beyond western clichés and stereotypes, and 1000 yen in my pocket. When I think back to this time I am amazed at the courage (or was it denial and ignorance?) I must have had; I am even more surprised to remember the emotion I experienced, for as soon as I set foot in that great cosmopolitan city, …

Counter Terrorism And Access To Justice: Public Policy Divided?, Mark Rix

Sydney Business School - Papers

This paper will consider the manner in which Australia’s counter-terrorism strategy has been operationalised, highlighting the implications of its strategy for access to justice. Access to justice, encompassing the ability of individuals, including persons suspected of terrorism offences and non-suspects, effectively to exercise their human and legal rights, can be an important curb on state power. But, in another equally important sense, providing individuals with access to justice also protects national security by helping to ensure that the law enforcement and security agencies focus their efforts on genuine terror suspects rather than wasting their resources on investigating and prosecuting genuine …

Power To The People: Building Sustainable Jobs In The Illawarra: A Report For The South Coast Labour Council, Mike Donaldson, Scott Burrows, Ann Hodgkinson, Frank V. Neri, Peter Kell, Chris Gibson, Gordon R. Waitt, Frank Stillwell

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

13 Februrary, 2009

Green Jobs Illawarra – Outline Brief

South Coast Labour Council – Regional Employment Strategy This is a brief of the regional green jobs strategy for consideration at the meeting of the multi-disciplinary group at the University of Wollongong. Naturally the Labour Council welcomes suggestions about the strategy and its implementation.

Objective

To develop, promote and implement a regional strategy to create jobs in the green and other emerging industries which will form one (important) part of the region’s response to the expected job losses caused by the global economic crisis.

Response And Responsibilty, Richard Mohr

Faculty of Law - Papers (Archive)

One year after the Apology to the Stolen Generations, Richard Mohr asks what we mean by 'responsibility' in the context of a government wishing to redress past wrongs. Looking specifically at the Intervention and the suspension of the Racial Discrimination Act, Richard argues that, for the Apology to have any meaning beyond 2008, it is important that the Commonwealth deliver on the concrete measures recommended in Bringing them Home, and provide Aboriginal and Torres Strait Islander people a guarantee against further racist polices, both now and in the future.

Industrial Relations And The Sociological Study Of Labour Law, Andrew D. Frazer

Faculty of Law - Papers (Archive)

This article examines the prospect for more fruitful collaborative research between labour law and industrial relations, using recent studies in labour law as a starting point. An increased and more sophisticated interest in labour law as regulation, particularly in Australia, has moved the discipline towards some of the traditional interest areas of industrial relations. However there remains a need for more empirically-based research, with the social reality of law as its primary focus. The legal studies paradigm is not well geared to social science research and an interdisciplinary approach is required. Industrial relations is the obvious candidate for such a …

Older Workers As Vulnerable Workers In The New World Of Work, Malcolm Sargeant, Andrew Frazer

Faculty of Law - Papers (Archive)

The paper brings focus to the consideration of one particular group of vulnerable workers who may be adversely affected by new forms of work. This group already suffers from discrimination based upon their age and this paper will consider whether this discrimination is compounded by the increasing numbers of older workers in the precarious workforce. The paper examines older workers in Australia and the United Kingdom to determine the extent of their involvement in precarious work, in particular part-time, casual or temporary work, and self-employment.

Art Actually! The Courts And The Imposition Of Taste, Marett Leiboff

Faculty of Law - Papers (Archive)

How do we read art, at least in law? The traditional approach of the courts has been to disavow, or at least avoid any discussion on matters of aesthetics or connoisseurship, or more accurately assert such a disavowal. Because whether the courts acknowledge it or not, they actively judge art, even when they say they don't. Judging art by judges, as we will see, is not a particularly edifying spectacle, but is it better for the courts to avoid judging art? In this article, I will explore what happens when the courts grapple with the problem of judging art, but …

Fakers And Forgers, Deception And Dishonesty: An Exploration Of The Murky World Of Art Fraud, Kenneth Polk, Duncan Chappell

Faculty of Law - Papers (Archive)

This article examines the problem of fraud in the contemporary art market. It addresses two major cases where persons have been convicted of art fraud in recent years in Australia, examining the legal context within which the prosecutions took place. It then examines problems in common terms such as 'forgery' and 'fakery'. The final sections review the different ways that issues of authenticity in art are addressed in possible cases of art fraud, and examines the question of why so little art fraud comes to the attention of the criminal justice system.

‘Allontanarsi Dalla Linea Gialla’: Distance And Access To Urban Semiosis, Richard Mohr

Faculty of Law - Papers (Archive)

This is an enquiry into the relationship between familiarity and distance in semiotic and related studies. In parallel, it explores our relationship to cities: the familiar as the ground of our daily lives are invisible, while the unfamiliar become vivid in proportion to our ignorance of them. Learning and research may at first appear to involve a process of gaining greater proximity to the subject matter. There are indications from the semiotic and phenomenological traditions that suggest, however, that greater distance is required, in order to question taken-for-granted semiotic bonds and to step outside in order to examine quotidian life …

Shhh ... We Can't Tell You: An Update On The Naming Prohibition Of Young Offenders, Robyn Lincoln, Duncan Chappell

Faculty of Law - Papers (Archive)

Prohibitions on the naming of young offenders in criminal proceedings remain a controversial issue both in Australia and abroad. Despite international obligations, like those contained in the UN Convention on the Rights of the Child, to protect the privacy of young people in conflict with the law jurisdictions like the Northern Territory (NT) continue to flout such provisions by placing few restrictions on media reporting of criminal cases involving juveniles. Amidst political clamours for ever more punitive measures to deal with youth crime other jurisdictions now seem bent upon following the NT's approach. A notable and largely unnoticed exception to …

The Legal Regime For The Protection And Exploitation Of Fishes, With Special Reference To Australia, Ronald J. West

Faculty of Law - Papers (Archive)

Australia has the third largest Exclusive Economic Zone (l° 648 250 km2) however overall commercial fisheries production is ranked relatively low in comparison with many other nations (240,000 metric tones per year, valued at $A2.2 billion)2. The reason underlying this relatively low level of fisheries production can be largely attributed to the low productivity of many marine waters surrounding the Australian coastline and a legal regime that is designed not only to manage fisheries, but to provide a significant degree of environmental protection to both fishes and their habitats.

Charting A Sustainable Course Through Changing Arctic Waters, Robin Warner

Faculty of Law - Papers (Archive)

As the Arctic ice recedes, the opportunities for all year round routing of merchant shipping through Arctic waters rise. The freeing up of Arctic waters may also attract increased numbers of scientific research vessels servicing oil and gas installations, foreign fishing vessels and warships. The prospect of major navigational channels opening up in this region brings risks to a pristine Arcti environment and its indigenous inhabitants. This article highlights the threats posed to the species, habitats and ecosystems of Arctic waters from increased shipping transits of the region including the potential for increased vessel source discharges of noxious and hazardous …

The Philippines As An Archipelagic And Maritime Nation: Interests, Challenges, And Perspectives, Mary Ann Palma

Faculty of Law - Papers (Archive)

The geographic nature of the Phillipines as well as its numerous activities in relation to the sea, are integral to the identify of the country and critical in securing its maritime interests.

Does Otolith Chemistry Indicate Diadromous Lifecycles For Five Australian Riverine Fishes?, Ronald J. West, N. G. Miles, M. D. Norman

Faculty of Law - Papers (Archive)

Diadromy is an important characteristic of the lifecycle of many Australian coastal fishes, but many of these species remain poorly studied. The migratory patterns of five riverine fish species from south-eastern Australia were examined using otolith chemistry. Analyses of individual otoliths from wild-caught fishes revealed distinctive lateral variation in otolith Sr : Ca values that provide good evidence for an amphidromous lifecycle for two species: Myxus petardi and Gobiomorphus australis. Gobiomorphus coxii, Potamalosa richmondia and Notesthes robusta displayed Sr : Ca patterns that indicated that these species may have more complex movements between marine and fresh water. Overall, these results …

Fishing Industry - Taiwan, Warwick Gullett

Faculty of Law - Papers (Archive)

Taiwan has one of the largest fishing industries in the world. But because Taiwan no longer holds a seat in the United Nations, it is often left out of standard U.N. doctrines that monitor and regulate fishing. The dilemma of how to handle Taiwan's unique situation while maintaining fishing-industry standards is an issue still to be addressed.

Regulating Fishing In Australia: From Mullet Size Limits To International Hot Pursuits, Warwick Gullett

Faculty of Law - Papers (Archive)

Fisheries laws simply regulate human interactions with fish. Yet it is an enormous challenge to get them right. The central problem with which fishing laws need to deal is that technological advancements continually enable people (especially commercial fishers) to increase their ability to catch fish. This may be coupled with an increasing number of people fishing, or perhaps a relatively stable number of people fishing but changing their practice such as intensively fishing in one location. Human activities affecting fish are ever changing and, as a result, so too are fisheries laws. Past fishery collapses (such as cod stocks off …

Transportation Systems, Warwick Gullett

Faculty of Law - Papers (Archive)

As China expands its economy, increases its population, and opens up to the outside world, its political leaders and urban designers face increased pressure to create more efficient and environmentally friendly transportation systems.

Marine Snow Storms: Assessing The Environmental Risks Of Ocean Fertilization, Robin M. Warner

Faculty of Law - Papers (Archive)

The threats posed by climate change to the global environment have fostered heightened scientific interest in marine geo-engineering schemes designed to boost the capacity of the oceans to absorb atmospheric carbon dioxide. This is the primary goal of a process known as ocean fertilization which seeks to increase the production of organic material in the surface ocean in order to promote further draw down of photosynthesized carbon to the deep ocean. This article describes the process of ocean fertilization, its objectives and potential impacts on the marine environment and some examples of ocean fertilization experiments. It analyses the applicability of …

Fatwas: Their Role In Contemporary Secular Australia, Nadirsyah Hosen, Ann Black

Faculty of Law - Papers (Archive)

In Australia, there has been confusion and misunderstanding surrounding the term 'fatwa'. This goes both to its meaning and also to the role fatwas fulfil for Muslims, whether in Australia or in other parts of the world. This paper seeks to address both of these issues, first by demystifying fatwa through exploration of the distinctive place the have in Islamic jurisprudence, and second by identifying the methodology used by jurists in ifta (the giving of fatwas), which has enabled Islamic law to be responsive to new developments and contemporary challenges. Given the recent expansion of technological, economic and medical advances …

Boundaries, Biodiversity, Resources, And Increasing Maritime Activities: Emerging Oceans Governance Challenges For Canada In The Arctic Ocean, Clive H. Schofield, Ian Townsend-Gault, Tavis Potts

Faculty of Law - Papers (Archive)

The Arctic region is undergoing rapid environmental and socioeconomic change. As one of the most rapidly warming places on the planet, the Arctic is experiencing dramatic climate change-related impacts, such as a severe downward trend in sea ice cover. The scientific community projects that this trend could result in a sea ice-free summer by as early as 2020. As conditions warm, the retreat of sea ice is driving an expansion of political and economic activity. Recent world media attention has been focused on the Arctic to an unprecedented extent. Much of the discourse has been devoted to a perceived Arctic …

International Police Missions As Reverse Capacity Building: Experiences Of Australian Police Personnel, Vandra Harris, Andrew Goldsmith

Faculty of Law - Papers (Archive)

Since 2003 many hundreds of Australian police officers have served in police peace-keeping and capacitybuilding missions in Solomon Islands, Timor-Leste and Papua New Guinea. Working within bilateral or multilateral engagements, these police have encountered significant differences in legal and policing cultures as well as political and community environments. This paper considers how these experiences influence Australian police officers' thinking about policing in general, and how they view the legacy of their service. It explores the extent to which Australian police think they have had their own capabilities altered by the very processes through which they attempt to build the capacity …

Enforcing Animal Welfare Law: The Nsw Experience, Keely Boom, Elizabeth Ellis

Faculty of Law - Papers (Archive)

As animal law in Australia is a relatively new field, there has been little research into the operation of State and Territory animal welfare legislation. Yet to understand any area of law requires not only knowledge of the relevant legislation and cases but also an appreciation of how the law 'in the books' is interpreted and applied. This is particularly important in a field where the regulatory subjects lack any direct legal claim and are unable to articulate their own experience. The abdication by governments of responsibility for much of the law enforcement in this field makes it even more …

Combating Iuu Fishing: International Legal Developments, Mary Ann Palma

Faculty of Law - Papers (Archive)

When the international Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU) was adopted in 2001, the term illegal, unreported and unregulated fishing or "IUU fishing" instantly gained the attention of States, regional organisations, non-government organisations, and academic institutions.

Blurring The Lines: Maritime Joint Development And The Cooperative Management Of Ocean Resources, Clive H. Schofield

Faculty of Law - Papers (Archive)

The first part of the paper examines the significant extension in coastal State jurisdiction offshore and outlines progress in the delimitation of maritime boundaries worldwide. Some of the problems associated with lack of maritime boundary delimitation and the resultant large zones of overlapping maritime claims are then highlighted. Progress in the cooperative management of ocean resources through maritime joint development zones is then reviewed.

Reflections On Transgender Immigration, Nan Seuffert

Faculty of Law - Papers (Archive)

Recently, the Human Rights Commission of New Zealand has conducted an inquiry that has officially documented 'the obstacles to dignity, equality and security for trans people'. The Australian Human Rights Commission has also recently conducted a sex and gender diversity project, and in 2006 the Equalities Review in the United Kingdom commissioned the largest research project ever untaken globally on trans people's lives, reported in Engendered Penalties: Transgender and Transsexual People's Experiences of Inequality and Discrimination. This article reflects on the implications of the issues raised by these recent reports and research for transgendered people immigrating to and from New …

Same-Sex Immigration: Domestication And Homonormativity, Nan Seuffert

Faculty of Law - Papers (Archive)

LAW- AND POLICY-MAKERS in New Zealand have taken what might be seen, from a conservative/liberal divide, as two contradictory stances on aspects of border control over the past decade. In one move, they have progressively tightened and whitened immigration policy generally, making the criteria and process for gaining residency more restrictive. At the same time, they have progressively opened the borders in relation to the immigration of same-sex couples, aligning immigration requirements for these couples with those of heterosexual couples. I argue that New Zealand's recent liberalisation of immigration law and policy for gays and lesbians aligns with, rather than …

That Vague But Powerful Abstraction: The Concept Of 'The People' In The Constitution, Elisa Arcioni

Faculty of Law - Papers (Archive)

The concept of ‘the people’ in the Constitution is undoubtedly unfinished constitutional business. The concept is “vague” due to a lack of development by the High Court but also because it is an inherently fluid concept. Yet it is also “powerful” because of what ‘the people’ has come to signify, which is something that I suggest should be further developed by the High Court. There are two questions that I will consider in this paper. The first is: who are ‘the people’? The second is: what impact do they have on our understanding of the Constitution and constitutional terms?

Fare Well, Justice Kirby, Elisa Arcioni

Faculty of Law - Papers (Archive)

Who can believe it? ‘The great dissenter’, the judge with a Facebook site dedicated to him,1 the person known affectionately to his associates as ‘our Judge’, Justice Michael Kirby has reached the end of his federal judicial tenure. Justice Kirby has turned 70 and, as required by section 72 of the Constitution, must leave his office in the High Court of Australia. Analysis of the Judge’s jurisprudential influence will flow soon enough. This piece is instead a reflection on the experiences of his associates to provide some different insights, such as into the workings of his High Court chambers. Those …

Safeguarding The Stocks: A Report On Analytical Projects To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Duncan Soutar, Quentin A. Hanich, Mark Korsten, Tim Jones, Jack Mccaffrie

Faculty of Law - Papers (Archive)

This report sets out the results of five analytical projects undertaken to support the development of a Regional MCS Strategy for Pacific oceanic fish stocks. The overarching purpose of the Strategy is to support a management regime and associated measures that will ensure the long term sustainability of oceanic fish stocks and associated economic benefits flowing from them to Pacific Island Countries. Extensive consultation was undertaken in support of the projects including visits by the project team to 16 of the 17 FFA member nations, direct consultation with staff from key regional institutions (e.g. WCPFC, SPC, USP), as well as …

Compliance Review: A Study Undertaken To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Quentin A. Hanich, Colin Brown, Ben M. Tsamenyi, Marcel Kroese, Duncan Soutar, Christian Mcdonald

Faculty of Law - Papers (Archive)

The achievement of FFA members’ regional goals for their tuna fisheries depends heavily upon the effective implementation by national governments of a comprehensive range of MCS measures. In support of this, FFA members have established various regional MCS measures that provide a framework to enable effective management and control of the region’s tuna fisheries. However, problematic implementation at the national level continues to undermine the ability of FFA members and the secretariat to fully implement these initiatives and effectively monitor and control the region’s tuna fisheries, thereby threatening their returns. While some FFA members have developed strong MCS systems with …