Law Commons^™

Taxation In Australia Up Until 1914: The Warp And Weft Of Protectionism, Caroline Dick

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

This article offers an account of the taxing policies in Australia from 1788 up until the beginning of World War I, when the exigencies of the First World War forced the Australian government to reassess its tax policies. During the period from 1788 until 1914, Australia transitioned from being a collection of provincial colonies with their own economic objectives and taxing policies to a Federation with a centrally-directed taxing authority. Whilst this political transition was taking place there was also a transition occurring in government policy concerning the function of taxation in Australia.

Government no longer used taxation just for …

To Restore Federalism, Strengthen The States And Make Australia More Republican, Gregory Melleuish

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

The reform of Australia’s federation is under review. In this special series, we ask leading Australian academics to begin a debate on renewing federalism, from tax reform to the broader issues of democracy.

The University of Wollongong’s Gregory Melleuish explains how the current state-federal relationship has warped from the ideals of Australia’s constitution and why a return to republican principles must be the remedy.>p>

Indigenous Australia's Diverse Memorialisation Of The Dead, Bronwyn Carlson

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

Beliefs and ceremonies associated with death in Indigenous Australia are diverse. Death and the deceased are sacred to Indigenous Australians and ceremonies differ between communities.

They may involve lengthy ceremonies lasting several days with strict protocols around language, names, images and other possessions. Alternatively deaths might be marked by funerals that can include images and speaking the deceased person’s name, performances and other tributes.

Impunity Of Frequent Corporate Homicides By Recurrent Fires At Garment Factories In Bangladesh: Bangladeshi Culpable Homicide Compared With Its Equivalents In The United Kingdom And Australia, S M. Solaiman, Afroza Begum

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

How corporations can be best prevented from causing deaths of others has been a critical concern of judges, legislators, prosecutors and academics alike around the world since the 19th century. Concerns for workplace safety have mounted globally in recent decades, propelling the demand for industrial manslaughter prosecution as a more effective use of criminal suits. Like the regulation of human conduct, criminal Jaw is considered to be an instrument for changing corporate behaviour in a way that fosters future conformity with the expectations of society.

Ethical And Legal Issues In Teaching About Japanese Popular Culture To Undergraduate Students In Australia, Mark J. Mclelland

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

Interest in Japanese popular culture, particularly young people’s engagement with manga and animation, is widely acknowledged to be a driving factor in recruitment to undergraduate Japanese language and studies courses at universities around the world. Contemporary students live in a convergent media culture where they often occupy multiple roles as fans, students and ‘produsers’ of Japanese cultural content. Students’ easy access to and manipulation of Japanese cultural content through sites that offer ‘scanlation’ and ‘fansubbing’ services as well as sites that enable the production and dissemination of dōjin works raise a number of ethical and legal issues, not least infringement …

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, …

Academic Employment And Gender Equity Legislation In Australia And Japan, 1970-2010, Kirsti Rawstron

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

Purpose - The purpose of this paper is to examine the rate of change of men and women's employment as university academic staff in Australia and Japan; and, drawing on quantitative methods, show differences in the rate of change since the introduction of anti-sex discrimination legislation. The author also includes a discussion of programmes designed to increase female participation in academic positions to provide background to the existing changes.

Design/methodology/approach - Using statistics published by the Ministries of Education of both countries, a time series of female participation at each level of academic staff was constructed. Breakpoint analysis is used …

Not Dead Yet: Emerging Trends In Radio Documentary Forms In Australia And The Us, Mia Lindgren, Siobhan A. Mchugh

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

This paper maps contemporary trends in Australian and American radio documentary production. The genre is experiencing a renaissance, as can be seen in the growing number of websites, blogs and podcasts dedicated to radio documentary productions. In addition, the number of freelancers wanting to produce radio documentaries has increased dramatically in Australia over the past five years. This paper traces the evolution of radio documentary forms and explores how globalisation of radio listenership via podcasting and sharing of content on social media is beginning to change documentary. It explores how stellar programs such as This American Life (TAL) and Radiolab …

Legislative Implementation Of The Law Of The Sea Convention In Australia, Warwick Gullett

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

All States with marine and maritime interests need to ensure that their domestic laws enable them to meet their obligations, and to take advantage of the rights afforded to them, under the international law of the sea. This body of international law is structured around one of the most extensive and widely ratified international treaties: the United Nations Convention on the Law of the Sea ('LOSC').1 This paper reviews the general process by which obligations and rights in international treaties become part of domestic law and then examines Australia's experience in incorporating into its domestic law three broad areas of …

The Landmark James Hardie Case In Australia: A Wakeup Call For Non-Executive Directors, S M. Solaiman

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

Company directors are not an ornament, but they are an essential component of corporate governance, and vigilant non-executive directors (NEDs) are believed to be crucial to good governance of corporations.' Recent corporate failures in the developed world underscore the need for an active role of private actors such as directors in good governance of corporations.

A company in legal concept is an entity created by law conferring artificial personality to represent individuals who operate it for profits or other purposes with perpetuity in its existence and simplicity in its contractual relations. • Corporations emerged as a division of society and …

Unprecedented Factory Fire Of Tazreen Fashions In Bangladesh: Revisiting Bangladeshi Labour Laws In Light Of Their Equivalents In Australia, S M. Solaiman

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

Right to life is a core human right, but workers' lives seem to be dreadfully cheap in Bangladesh. This is so because the government appears to be complacent by offering a small amount of money to the families of victims of fires at garment factories and collapses of factory buildings. Previously, at least 1,000 workers have been killed in garment factories alone in Bangladesh from 1990 to 2012, ironically, all went unpunished. Recently, the devastating fire at Tazreen Fashions Ltd. which killed 112 in November 2012 and, just a few months apart, the horrifying collapse of Rana Plaza which housed …

Cultural Myths And Open Secrets: The Cattle Industries In Australia, Melissa Boyde

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

In a meditation on the “question of identity” Gertrude Stein, modernist writer, art collector, dog lover, writes about one of the dogs she and her partner Alice B. Toklas lived with: “I am I because my little dog knows me” (Geographical History 99). In a later discussion on identity and creativity Stein again includes the statement about her dog, adding: I was just thinking about anything and in thinking about anything I saw something. In seeing that thing shall we see it without it turning into identity, the moment is not a moment and the sight is not the thing …

An End To Australia’S Auto Dream: Why We Loved Holden, Georgine Clarsen

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

Yesterday we learned that our collective support for Holden is coming to an end. The demise of “Australia’s Own” has been on the cards for years. After all, this country is one of the most expensive places in the world to produce cars.

We are not alone or even the biggest subsidisers of car manufacturing, of course.

National economies as different as China, Japan, France and the USA have always offered incentives to keep cars rolling off assembly lines. But public funding for private enterprise runs deep in Australia – and it has never been just a matter of economics.

Chinese Language Teaching And Teacher Training In Australia, Xiaoping Gao

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

摘要：

自国家汉办2006年启动海外汉语教师志愿者项目以来，志愿者的素质问题逐渐成为志愿者选派、培训及国际汉语教育专业人才培养关注的焦点。本文旨在探讨赴澳大利亚志愿者的必备素质与培养策略。文章以澳大利亚的中文教育状况为背景，通过对比澳洲本土教师从业资格与志愿者的选拔条件、培训内容，提出满足澳大利亚教学需求的志愿者应具备良好的英语沟通能力、扎实的专业素养、踏实的敬业精神，娴熟的多媒体课件制作技巧、和适合学生特点的组织管理课堂教学活动的技能。本文并就如何培养志愿者的上述素质提出了相应的培养策略，以期丰富国际汉语教师志愿者的选拔、培训及相关研究，探索高质量国际汉语人才培养的新途径。

The Sum Of All Our Fears: Transnational Corporations And The Crisis Of Convergence In Australia, Caroline Colton

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

The article discusses the desire of the businesses to improve infrastructure construction by increase their infrastructure investment in superannuation funds and in the government of Australia. It highlights the privatisation of public assets and reduction of services for corporate profit optimisation in the government. It examines the impact of environmental law to the development of infrastructure such as power plants for economic development.

Blending Fairness And Efficiency: An Analysis Of Its Desirability In The Context Of Insider Trading Laws In Australia, Afroza Begum

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

Purpose - The regulatory approach to insider trading (IT) in Australia is premised on a "blend" of fairness and efficiency which has generated an important controversy. The study aims to investigate this controversy by critically analysing the way the policy maker and judiciary have been striving to accomplish the regulatory goals based on this blend.

Design/methodology/ approach - This research is based on existing primary and secondary legal resources.

Findings - Regulation of insider trading (IT) with an appropriate enforcement mechanism has become an important issue in Australia. As part of this, a range of legal studies have unveiled significant …

Post-3.11 Australia-Japan Co-Operation: Facing Non-Traditional Security Challenges: Items Of Sentimental Value, Anne A. Collett

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

To those for whom this talk and the photographs that accompany it may cause distress, I apologise, and hope that what I have to say will be taken in the spirit intended - that is, as a tribute to those who worked to find ways to alleviate distress, heal wounds, offer comfort and repair damage. This talk offers me (and I hope you as an audience) an opportunity to think through the meaning of 'connection', and the meaning of photographs, their relationship to collective memory and community, and their capacity to allow survivors and those who witness tragedy intimately or …

Engaging Aboriginal Art From The Idea Of Australia, Ian A. Mclean

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

In writing the first national history of Australian art Bernard Smith was instrumental in inventing the idea of an Australian national culture. In this respect his histories should be understood in the context of a wider postcolonial – or at least post-empire – discourse that shaped the idea of Australia after the world wars. Galvanizing the many threads of this discourse was the idea of an independent nation state. What role did Aboriginal art have in this discourse? As a committed Marxist Smith had a great deal of sympathy for the downtrodden, including Aborigines. However the idea of the nation …

‘Class Warfare’ Or Not, Australia Has Moved On From Labor’S Old-Fashioned Rhetoric, Gregory Melleuish

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

“Class warfare” is an emotive term that would seem to belong to a bygone age when there also existed, as in the minds of many people, something called the “class struggle”.

It would seem strange that in age when blue-collar jobs seem to be always in decline that anyone should be referring to “class warfare”. The classes of an earlier age are no more. Australia is a different country to what it was in the 1930s and 1940s.

Culture Shock: Mending Australia’S Fractured Relationship With India, Sukhmani Khorana

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

On my last visit to India in April this year, I found the nation in the grip of Indian Premier League (IPL) fever, or so the umpteen news channels had me believe.

With Katy Perry in a kitsch Indian costume, a South African percussion band, and the usual Bollywood ensemble performing at the opening ceremony, it appeared to be turning into a transnational celebration of cricket, as well as a tangible expression of India’s ascendancy).

Despite the coming together of previously sworn enemies on the cricket field, such as India’s Harbhajan Singh and Australia’s Andrew Symonds during the IPL series, …

"What's A Nice Girl Like You Doing With A Nobel Prize?" Elizabeth Blackburn, "Australia's First Women Nobel Laureate And Women's Scientific Leadership, Jane L. Carey

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

In 2009 Elizabeth Blackburn (along with two of her American colleagues) won the Nobel Prize for Physiology or Medicine, confirming her position as a global scientific leader. She was immediately celebrated as Australia’s first woman Nobel laureate. However, although 2009 was a ‘bumper’ year for women Nobel laureates, with five winners in total, the media coverage soon became highly negative and discouraging. Much discussion focused not on Blackburn’s scientific work but on her gender – the difficulties it was assumed she must have faced individually as a woman scientist, and her wider leadership role in encouraging and supporting other women …

Poor Mothers And Lonely Single Males: The ‘Essentially’ Excluded Women And Men Of Australia, Roger Patulny, Melissa Wong

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

It is unclear how much gendered social exclusion and disconnection reflects a problem or a preference. Women may prefer market-disengagement despite the risk of exclusion from ‘normal’ social activities through financial incapacity, and men may prefer marketengagement despite the risk of disconnection from informal social networks. This article examines these issues amongst Australian men and women. It finds women, particularly single and low-income mothers, are more socially excluded, and men, particularly single middle-aged men, are the most socially disconnected, after preferences. Future policy should be cognisant of contact preferences, intra-household support dynamics, long work hours and prevailing gender norms.

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’ …

Islands Of Multilingual Literature: Community Magazines And Australia’S Many Languages, Michael R. Jacklin

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

Australian literary studies has for some decades recognised the significance and contribution of multicultural writers to the national literary landscape; however, it has shown less interest in the multilingual nature of much of this writing. This article brings into focus a number of Australian magazines in which multilingual literature has been promoted, from the 1920s Brisbane publication The Muses Magazine, to the 1990s multicultural, multilingual women’s magazine Ambitious Friends, which featured creative work in Arabic, Lao, Spanish and Vietnamese. Further illustrations, specific to Vietnamese Australian writing, will be provided from Integration: The Magazine for Vietnamese and Multicultural Issues, published in …

‘Once Upon A Time, When Australia Had A Steel Industry …’, Diana J. Kelly

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

Once upon a time, 30 years ago, when we still thought the steel industry was an endless and bottomless well for economic growth and employment, many of us also believed in industry policy, corporate responsibility to communities, and the right to stay in the same place and space as long as we wanted.

We were happily unaware that “restructuring” would become inevitably intertwined with “job losses” or that the inheritors of the Kingswood (which many of us drove back then) would soon be driving cars neither built in Australia nor made from Australian steel.

But that was 30 years ago. …

Identifying Links Between Ecosystem Services And Aboriginal Well-Being And Livelihoods In North Australia: Applying The Millennium Ecosystem Assessment Framework, K K. Sangha, J.R.A Butler, Aurelie Delisle, Owen Stanley

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

The livelihoods and well-being of Aboriginal and non-Aboriginal communities in remote and rural northern Australia are dependent upon the ecosystem services provided by tropical ecosystems. The well-being of all Australian citizens is measured by the Australia Bureau of Statistics (ABS) using socio-economic indicators. In this study we investigated the importance of non-market benefits derived from ecosystem services for Aboriginal well-being. Through a case study with the Mullunburra-Yidinji people in the Wet Tropics, Queensland, we applied the Millennium Ecosystem Assessment (MA) framework to identify the links between ecosystem services and the MA’s six constituents of human well-being. The study demonstrated that …

Socio-Economic Activity And Water Use In Australia's Tropical Rivers: A Case Study In The Mitchell And Daly River Catchments: Final Report For The Tropical Rivers And Coastal Knowledge Research Consortium, Natalie Stoeckl, Michelle Esparon, Owen Stanley, Marina Farr, Aurelie Delisle, Zulgerel Altai

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

Tropical Rivers and Coastal Knowledge (TRaCK) is a research hub that was established in 2007 under the Commonwealth Environment Research Facilities Program. Its aim is to provide the science and other knowledge that governments, communities and industries need for the sustainable use and management of Australia’s tropical rivers and estuaries.

Making Sausages And Law: The Failure Of Animal Welfare Laws To Protect Both Animals And Fundamental Tenets Of Australia's Legal System, Elizabeth J. Ellis

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

Laws are like sausages. It is better not to see them being made.

The above aphorism, attributed to Bismarck, was quoted by Philip Ruddock when addressing lawyers in 2007 on the subject of law reform. Interestingly, Mr Ruddock also referred to the rule of law in the same speech. Apparently the juxtaposition of the rule of law with a preference for secret law-making did not strike the (then) federal Attorney-General as odd. Perhaps this is unsurprising: the rule of law is commonly invoked for effect and may be used for a multitude of purposes. For this, and other reasons, the …

White Anxieties And The Articulation Of Race: The Women’S Movement And The Making Of White Australia, 1910s–1930s, Jane L. Carey

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

This chapter examines the racial anxieties at work in the Australian women’s movement in the early 1900s, focussing on campaigns and organisations aimed at increasing and ‘improving’ the white population on the one hand and discussions of the ‘Aboriginal problem’ on the other. It particularly examines the activities of the National Council of Women, the largest women’s group of this period, and the Australian Federation of Women Voters, a smaller but highly influential organisation, as well as local groups which emerged to further these causes. Specifically, it explores efforts to promote immigration from Britain, which went alongside eugenic measures to …

Introduction: Creating White Australia: New Perspectives On Race, Whiteness And History, Jane L. Carey, Claire Mclisky

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

As the promulgation of the White Australia Policy in 1901 would seemingly demonstrate, ‘whiteness’ was crucial to the constitution of the new Australian nation. And yet historians have paid remarkably little attention to this in their studies of Australia’s past. ‘Whiteness’, as a concept, has only recently been recognised as a significant part of the story of Australian nationalism. In seeking to understand the operations of ‘race’, historians have primarily looked towards Indigenous peoples and other ‘non-white’ groups. Creating White Australia takes a fresh approach to the questions of Australian national formation and the crucial role of race in Australian …