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Publisher: RMIT Publishing   (Total: 401 journals)

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Showing 1 - 200 of 401 Journals sorted alphabetically
40 [degrees] South     Full-text available via subscription   (Followers: 2)
Aboriginal and Islander Health Worker J.     Full-text available via subscription   (Followers: 14)
Aboriginal Child at School     Full-text available via subscription   (Followers: 5)
About Performance     Full-text available via subscription   (Followers: 12)
Access     Full-text available via subscription   (Followers: 26)
ACCESS: Critical Perspectives on Communication, Cultural & Policy Studies     Full-text available via subscription   (Followers: 10)
Accounting, Accountability & Performance     Full-text available via subscription   (Followers: 14)
ACORN : The J. of Perioperative Nursing in Australia     Full-text available via subscription   (Followers: 17, SJR: 0.103, h-index: 4)
Adelaide Law Review     Full-text available via subscription   (Followers: 20)
Advocate: Newsletter of the National Tertiary Education Union     Full-text available via subscription   (Followers: 1)
Agenda: A J. of Policy Analysis and Reform     Full-text available via subscription   (Followers: 1)
Agora     Full-text available via subscription   (Followers: 3)
Agricultural Commodities     Full-text available via subscription   (SJR: 0.102, h-index: 8)
Agricultural Science     Full-text available via subscription   (Followers: 5)
AIMA Bulletin     Full-text available via subscription   (Followers: 4)
AJP : The Australian J. of Pharmacy     Full-text available via subscription   (Followers: 10, SJR: 0.102, h-index: 5)
Analysis     Full-text available via subscription   (Followers: 4)
Ancient History : Resources for Teachers     Full-text available via subscription   (Followers: 2)
Anglican Historical Society J.     Full-text available via subscription   (Followers: 3)
Annals of the Royal Australasian College of Dental Surgeons     Full-text available via subscription   (Followers: 4, SJR: 0.101, h-index: 11)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appita J.: J. of the Technical Association of the Australian and New Zealand Pulp and Paper Industry     Full-text available via subscription   (Followers: 10, SJR: 0.18, h-index: 27)
AQ - Australian Quarterly     Full-text available via subscription   (Followers: 1)
Arena J.     Full-text available via subscription   (Followers: 1)
Around the Globe     Full-text available via subscription   (Followers: 1)
Art + Law     Full-text available via subscription   (Followers: 12)
Art Monthly Australia     Full-text available via subscription   (Followers: 8)
Artefact : the journal of the Archaeological and Anthropological Society of Victoria     Full-text available via subscription   (Followers: 3)
Artlink     Full-text available via subscription   (Followers: 5)
Asia Pacific J. of Clinical Nutrition     Full-text available via subscription   (Followers: 9, SJR: 0.672, h-index: 51)
Asia Pacific J. of Health Management     Full-text available via subscription   (Followers: 3)
Aurora J.     Full-text available via subscription  
Australasian Biotechnology     Full-text available via subscription   (Followers: 1, SJR: 0.1, h-index: 8)
Australasian Catholic Record, The     Full-text available via subscription   (Followers: 6)
Australasian Drama Studies     Full-text available via subscription   (SJR: 0.101, h-index: 2)
Australasian Epidemiologist     Full-text available via subscription  
Australasian Historical Archaeology     Full-text available via subscription   (Followers: 7)
Australasian J. of Early Childhood     Full-text available via subscription   (Followers: 4, SJR: 0.174, h-index: 1)
Australasian J. of Gifted Education     Full-text available via subscription   (Followers: 4, SJR: 0.115, h-index: 3)
Australasian J. of Human Security, The     Full-text available via subscription   (Followers: 3)
Australasian J. of Irish Studies, The     Full-text available via subscription   (Followers: 9)
Australasian J. of Regional Studies, The     Full-text available via subscription   (Followers: 1)
Australasian Law Management J.     Full-text available via subscription   (Followers: 7)
Australasian Leisure Management     Full-text available via subscription   (Followers: 1)
Australasian Musculoskeletal Medicine     Full-text available via subscription   (Followers: 2)
Australasian Music Research     Full-text available via subscription   (Followers: 3)
Australasian Parks and Leisure     Full-text available via subscription   (Followers: 2)
Australasian Plant Conservation: J. of the Australian Network for Plant Conservation     Full-text available via subscription   (Followers: 4)
Australasian Policing     Full-text available via subscription   (Followers: 5)
Australasian Public Libraries and Information Services     Full-text available via subscription   (Followers: 39)
Australasian Review of African Studies, The     Full-text available via subscription   (Followers: 2)
Australian Aboriginal Studies     Full-text available via subscription   (Followers: 9, SJR: 0.109, h-index: 6)
Australian Advanced Aesthetics     Full-text available via subscription   (Followers: 4)
Australian Ageing Agenda     Full-text available via subscription   (Followers: 5)
Australian and Aotearoa New Zealand Psychodrama Association J.     Full-text available via subscription  
Australian and New Zealand Continence J.     Full-text available via subscription   (Followers: 3)
Australian and New Zealand Sports Law J.     Full-text available via subscription   (Followers: 8)
Australian Archaeology     Full-text available via subscription   (Followers: 12, SJR: 0.491, h-index: 15)
Australian Art Education     Full-text available via subscription   (Followers: 7)
Australian Bookseller & Publisher     Full-text available via subscription   (Followers: 1)
Australian Bulletin of Labour     Full-text available via subscription   (Followers: 3)
Australian Canegrower     Full-text available via subscription   (Followers: 2)
Australian Coeliac     Full-text available via subscription   (Followers: 2)
Australian Cottongrower, The     Full-text available via subscription   (Followers: 1)
Australian Educational and Developmental Psychologist, The     Full-text available via subscription   (Followers: 7, SJR: 0.143, h-index: 4)
Australian Family Physician     Full-text available via subscription   (Followers: 3, SJR: 0.364, h-index: 31)
Australian Field Ornithology     Full-text available via subscription   (Followers: 4, SJR: 0.141, h-index: 6)
Australian Forest Grower     Full-text available via subscription   (Followers: 4)
Australian Forestry     Full-text available via subscription   (Followers: 2, SJR: 0.252, h-index: 24)
Australian Grain     Full-text available via subscription   (Followers: 3)
Australian Holstein J.     Full-text available via subscription   (Followers: 1)
Australian Humanist, The     Full-text available via subscription   (Followers: 3)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 17)
Australian Intl. Law J.     Full-text available via subscription   (Followers: 27)
Australian J. of Acupuncture and Chinese Medicine     Full-text available via subscription   (Followers: 2, SJR: 0.106, h-index: 3)
Australian J. of Adult Learning     Full-text available via subscription   (Followers: 13, SJR: 0.159, h-index: 7)
Australian J. of Advanced Nursing     Full-text available via subscription   (Followers: 11, SJR: 0.225, h-index: 26)
Australian J. of Asian Law     Full-text available via subscription   (Followers: 5)
Australian J. of Cancer Nursing     Full-text available via subscription   (Followers: 10)
Australian J. of Civil Engineering     Full-text available via subscription   (Followers: 4, SJR: 0.17, h-index: 3)
Australian J. of Dyslexia and Learning Difficulties     Full-text available via subscription   (Followers: 8)
Australian J. of Emergency Management     Full-text available via subscription   (Followers: 8, SJR: 0.401, h-index: 18)
Australian J. of French Studies     Full-text available via subscription   (Followers: 7, SJR: 0.1, h-index: 5)
Australian J. of Herbal Medicine     Full-text available via subscription   (Followers: 3, SJR: 0.109, h-index: 7)
Australian J. of Language and Literacy, The     Full-text available via subscription   (Followers: 4, SJR: 0.399, h-index: 9)
Australian J. of Legal History     Full-text available via subscription   (Followers: 18)
Australian J. of Mechanical Engineering     Full-text available via subscription   (Followers: 3, SJR: 0.129, h-index: 4)
Australian J. of Medical Science     Full-text available via subscription   (Followers: 1, SJR: 0.122, h-index: 5)
Australian J. of Multi-Disciplinary Engineering     Full-text available via subscription   (Followers: 2)
Australian J. of Music Education     Full-text available via subscription   (Followers: 3)
Australian J. of Music Therapy     Full-text available via subscription   (Followers: 6)
Australian J. of Parapsychology     Full-text available via subscription   (Followers: 1)
Australian J. of Social Issues     Full-text available via subscription   (Followers: 6, SJR: 0.178, h-index: 20)
Australian J. of Structural Engineering     Full-text available via subscription   (Followers: 6, SJR: 0.296, h-index: 8)
Australian J. of Water Resources     Full-text available via subscription   (Followers: 6, SJR: 0.226, h-index: 9)
Australian J. on Volunteering     Full-text available via subscription   (Followers: 1)
Australian J.ism Review     Full-text available via subscription   (Followers: 7)
Australian Life Scientist     Full-text available via subscription   (Followers: 2, SJR: 0.1, h-index: 2)
Australian Literary Studies     Full-text available via subscription   (Followers: 5, SJR: 0.1, h-index: 6)
Australian Mathematics Teacher, The     Full-text available via subscription   (Followers: 7)
Australian Nursing J. : ANJ     Full-text available via subscription   (Followers: 6)
Australian Orthoptic J.     Full-text available via subscription  
Australian Primary Mathematics Classroom     Full-text available via subscription   (Followers: 3)
Australian Screen Education Online     Full-text available via subscription   (Followers: 2)
Australian Senior Mathematics J.     Full-text available via subscription   (Followers: 1)
Australian Sugarcane     Full-text available via subscription  
Australian TAFE Teacher     Full-text available via subscription   (Followers: 3)
Australian Tax Forum     Full-text available via subscription   (Followers: 2)
Australian Universities' Review, The     Full-text available via subscription   (Followers: 4)
Australian Voice     Full-text available via subscription   (Followers: 4)
Bar News: The J. of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
BOCSAR NSW Alcohol Studies Bulletins     Full-text available via subscription   (Followers: 5)
Bookseller + Publisher Magazine     Full-text available via subscription   (Followers: 5)
Breastfeeding Review     Full-text available via subscription   (Followers: 17, SJR: 0.31, h-index: 19)
British Review of New Zealand Studies     Full-text available via subscription   (Followers: 3)
Brolga: An Australian J. about Dance     Full-text available via subscription   (Followers: 1)
Cancer Forum     Full-text available via subscription   (SJR: 0.143, h-index: 10)
Cardiovascular Medicine in General Practice     Full-text available via subscription   (Followers: 6)
Chain Reaction     Full-text available via subscription  
Childrenz Issues: J. of the Children's Issues Centre     Full-text available via subscription  
Chiropractic J. of Australia     Full-text available via subscription   (SJR: 0.107, h-index: 3)
Chisholm Health Ethics Bulletin     Full-text available via subscription   (Followers: 1)
Church Heritage     Full-text available via subscription   (Followers: 8)
Commercial Law Quarterly: The J. of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Communicable Diseases Intelligence Quarterly Report     Full-text available via subscription   (Followers: 2, SJR: 0.567, h-index: 27)
Communication, Politics & Culture     Open Access   (Followers: 13)
Communities, Children and Families Australia     Full-text available via subscription   (Followers: 2)
Connect     Full-text available via subscription   (Followers: 2)
Contemporary PNG Studies     Full-text available via subscription  
Context: J. of Music Research     Full-text available via subscription   (Followers: 8)
Corporate Governance Law Review, The     Full-text available via subscription   (Followers: 7)
Creative Approaches to Research     Full-text available via subscription   (Followers: 12)
Critical Care and Resuscitation     Full-text available via subscription   (Followers: 15, SJR: 1.737, h-index: 24)
Cultural Studies Review     Full-text available via subscription   (Followers: 16)
Culture Scope     Full-text available via subscription   (Followers: 2)
Current Issues in Criminal Justice     Full-text available via subscription   (Followers: 10)
Dance Forum     Full-text available via subscription   (Followers: 2)
DANZ Quarterly: New Zealand Dance     Full-text available via subscription   (Followers: 3)
Day Surgery Australia     Full-text available via subscription   (Followers: 2)
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Developing Practice : The Child, Youth and Family Work J.     Full-text available via subscription   (Followers: 21)
Early Days: J. of the Royal Western Australian Historical Society     Full-text available via subscription  
Early Education     Full-text available via subscription   (Followers: 10)
EarthSong J.: Perspectives in Ecology, Spirituality and Education     Full-text available via subscription   (Followers: 1)
East Asian Archives of Psychiatry     Full-text available via subscription   (Followers: 2, SJR: 0.331, h-index: 7)
Educare News: The National Newspaper for All Non-government Schools     Full-text available via subscription  
Educating Young Children: Learning and Teaching in the Early Childhood Years     Full-text available via subscription   (Followers: 16)
Education in Rural Australia     Full-text available via subscription   (Followers: 1)
Education, Research and Perspectives     Full-text available via subscription   (Followers: 12)
Educational Research J.     Full-text available via subscription   (Followers: 16)
Electronic J. of Radical Organisation Theory     Full-text available via subscription   (Followers: 3)
Employment Relations Record     Full-text available via subscription   (Followers: 2)
English in Aotearoa     Full-text available via subscription   (Followers: 1)
English in Australia     Full-text available via subscription   (Followers: 2, SJR: 0.19, h-index: 6)
Essays in French Literature and Culture     Full-text available via subscription   (Followers: 8)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
Eureka Street     Full-text available via subscription   (Followers: 4)
Extempore     Full-text available via subscription  
Family Matters     Full-text available via subscription   (Followers: 13, SJR: 0.259, h-index: 8)
Federal Law Review     Full-text available via subscription   (Followers: 22)
Fijian Studies: A J. of Contemporary Fiji     Full-text available via subscription  
Focus on Health Professional Education : A Multi-disciplinary J.     Full-text available via subscription   (Followers: 7)
Food New Zealand     Full-text available via subscription   (Followers: 5)
Fourth World J.     Full-text available via subscription  
Frontline     Full-text available via subscription   (Followers: 19)
Future Times     Full-text available via subscription   (Followers: 1)
Gambling Research: J. of the National Association for Gambling Studies (Australia)     Full-text available via subscription   (Followers: 5)
Gay and Lesbian Law J.     Full-text available via subscription   (Followers: 2)
Gender Impact Assessment     Full-text available via subscription  
Geographical Education     Full-text available via subscription   (Followers: 3)
Geriatric Medicine in General Practice     Full-text available via subscription   (Followers: 8)
Gestalt J. of Australia and New Zealand     Full-text available via subscription   (Followers: 2)
Globe, The     Full-text available via subscription   (Followers: 4)
Government News     Full-text available via subscription   (Followers: 2)
Great Circle: J. of the Australian Association for Maritime History, The     Full-text available via subscription   (Followers: 8)
Grief Matters : The Australian J. of Grief and Bereavement     Full-text available via subscription   (Followers: 11)
He Puna Korero: J. of Maori and Pacific Development     Full-text available via subscription  
Headmark     Full-text available via subscription   (Followers: 1)
Health Inform     Full-text available via subscription  
Health Issues     Full-text available via subscription   (Followers: 2)
Health Promotion J. of Australia : Official J. of Australian Association of Health Promotion Professionals     Full-text available via subscription   (Followers: 10, SJR: 0.606, h-index: 19)
Health Voices     Full-text available via subscription  
Heritage Matters : The Magazine for New Zealanders Restoring, Preserving and Enjoying Our Heritage     Full-text available via subscription   (Followers: 3)
High Court Quarterly Review, The     Full-text available via subscription   (Followers: 3)
History of Economics Review     Full-text available via subscription   (Followers: 10)
HIV Australia     Full-text available via subscription   (Followers: 3)
HLA News     Full-text available via subscription   (Followers: 6)
Hong Kong J. of Emergency Medicine     Full-text available via subscription   (Followers: 3, SJR: 0.173, h-index: 7)
Idiom     Full-text available via subscription   (Followers: 1)
Impact     Full-text available via subscription   (Followers: 1)
InCite     Full-text available via subscription   (Followers: 24)
Indigenous Law Bulletin     Full-text available via subscription   (Followers: 15)
InPsych : The Bulletin of the Australian Psychological Society Ltd     Full-text available via subscription   (Followers: 3)
Inside Film: If     Full-text available via subscription   (Followers: 8)
Institute of Public Affairs Review: A Quarterly Review of Politics and Public Affairs, The     Full-text available via subscription   (Followers: 13)
Instyle     Full-text available via subscription   (Followers: 1)
Intellectual Disability Australasia     Full-text available via subscription   (Followers: 8)
Interaction     Full-text available via subscription   (Followers: 3)
Intl. Employment Relations Review     Full-text available via subscription   (Followers: 2)

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Journal Cover Adelaide Law Review
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   ISSN (Print) 0065-1915
   Published by RMIT Publishing Homepage  [401 journals]
  • Volume 37 Issue 2 - The role of the solicitor-general negotiating law,
           politics and the public interest [Book Review]
    • Abstract: Doyle, John
      Review(s) of: The role of the solicitor-general negotiating law, politics and the public interest, by Gabrielle Appleby, Hart Publishing, 2016, xxviii + 335 pp, ISBN 978 1 84946 712 4.

      PubDate: Thu, 31 Aug 2017 22:39:22 GMT
       
  • Volume 37 Issue 2 - Legal education and the ageing population: Building
           student knowledge and skills through experiential learning in
           collaboration with community organisations
    • Abstract: Ries, Nola M; Johnston, Briony; McCarthy, Shaun
      The Australian population is ageing and dementia is now the leading cause of disability in persons over the age of 65 years. Lawyers must be prepared to meet the legal needs of older clients, including helping them plan in advance for health, financial and property matters. Lawyers must be able to recognise when cognitive impairment may limit a client's decision-making capacity and take appropriate steps to handle such situations. Legal regulatory bodies in Australia report an increasing incidence of complaints against legal practitioners, including junior lawyers, for failures to identify and manage capacity issues. This article discusses an experiential learning pilot project designed to build students' knowledge and skills to better meet their professional responsibilities when providing assistance to older clients. The University of Newcastle Law School in New South Wales, Australia, collaborated with local community organisations to deliver: (1) a legal education initiative that included law students in the delivery of legal information seminars for older adults and people with chronic health conditions; and (2) a training module to educate students about client capacity issues.

      The article describes the process of embedding research into this project to evaluate students' experiences and to investigate the impact of community legal education on attendees' knowledge and behaviour. Our results demonstrate the value of experiential learning for students and indicate that legal education can enhance attendees' readiness to plan ahead for future periods of incapacity.

      PubDate: Thu, 31 Aug 2017 22:39:22 GMT
       
  • Volume 37 Issue 2 - Foucault and the politics of rights
    • Abstract: Burdon, Peter D
      Review(s) of: Foucault and the politics of rights, by Ben Golder, Stanford University Press, 2015, XII + 264 pp, ISBN 978 0 804 79649 1.

      PubDate: Thu, 31 Aug 2017 22:39:22 GMT
       
  • Volume 37 Issue 2 - Naval power in the Indian ocean: Rising tension,
           maritime governance and the role of law
    • Abstract: Stephens, Dale
      Maritime areas of the world are fast becoming sites of growing tension and potential confrontation by rising global powers. While the world is well aware of the issues surrounding claims in the South China Sea, another site of rising tension is the Indian Ocean Region (IOR), especially in the context of India and China. Such tensions may be addressed and ameliorated through the agency of law. While dispute resolution mechanisms such as that found in the 'United Nation Convention on the Law of the Sea' may provide a possible means of avoiding potential conflict, the force of law is possibly better applied through its more diffuse, but no less powerful, normative effect. That is, the capacity of law to provide boundaries of engagement and to shape vocabularies and frameworks of resolution within the political realm, offer much more hope of success than the rather blunt application of formal processes of adjudication. This article will canvass the manner in which law may have that harmonizing effect within the IOR at a time where actions and reactions hold the real potential for overreaction by any side.

      PubDate: Thu, 31 Aug 2017 22:39:22 GMT
       
  • Volume 37 Issue 2 - Land, custom, and ideology 1870-1940: The new Zealand
           case in a global context
    • Abstract: Boast, RP
      This article explores the ways in which ideologies relating to property and tenures changed in the later 19th and early 20th centuries. In the later 19th century utilitarian and classical liberal ideologies favouring individualist and anti-corporate policies began to lose ground to new approaches favouring collectivism and cultural relativism. This trend manifested itself in a variety of ways and in a number of different disciplines, but the most important shift occurred with the rise of relativist anthropology associated in particular with Franz Boas. The changing climate of opinion had significant effects in countries as diverse as the United States, Mexico, and New Zealand. The article takes a comparativist approach and examines developments in a number of countries, while paying particular attention to the New Zealand case. New Zealand was a country which had already developed a complex body of statutory law relating to indigenous tenures by 1900. It is argued that although the impacts of the new trends in anthropology and other disciplines were mixed in New Zealand, they were nevertheless significant and are shown most clearly in the legislation relating to Māori land development enacted in 1929 and associated in particular with Sir Ᾱpirana Ngata. Various policy developments in New Zealand in the 1930s, however, meant that Ngata's vision for Māori landowners was only partially fulfilled. More generally the article is written from the perspective that it is important for developments in New Zealand to be understood in their international and intellectual contexts.

      PubDate: Thu, 31 Aug 2017 22:39:22 GMT
       
  • Volume 37 Issue 2 - Losing our birthright: 'Singh v Commonwealth'
    • Abstract: Gava, John
      In this article I argue that in 'Singh v Commonwealth' ('Singh') the High Court, without good reason, removed the accepted notion that birth in Australia takes a person outside the legislative power granted to the Commonwealth in the aliens and immigration powers. In the article I examine in detail the judgments in 'Singh', especially the claim made in the majority judgments that there were no relevant authorities concerning children of aliens born in Australia. I then examine all the major cases dealing with the aliens power decided before 'Singh' and show that, contrary to the majority's claim, there was a longstanding series of authorities that directly and indirectly held that a person born in Australia could not be an alien. I conclude by showing that the High Court has consistently said that previous decisions should only be overturned after serious consideration and for good reasons. This fidelity to authority has been forcefully defended by many High Court judges, including several who decided 'Singh'. It was not, however, given effect to in 'Singh' and this led to a significant change in one of our most important human rights - the right to call somewhere home.

      PubDate: Thu, 31 Aug 2017 22:39:22 GMT
       
  • Volume 37 Issue 2 - The laws of design in the age of mechanical
           reproduction
    • Abstract: Hunter, Dan; Wood, Suzannah
      This article provides a cultural and historical account of how various laws that relate to design developed, from the 17th through 20th centuries, through a study of their interactions with the furniture design industry. The article examines the complex development of intellectual property laws that apply to furniture design, and demonstrates how the furniture design craft (and later, industry) relied on different facets of the intellectual property system at different stages in its development. It demonstrates how the industry shifted intellectual property regimes as a response to the absence of protection within design rights for the modernist furniture style of the 20th century. From these studies, the article demonstrates how the design industry's claim for increased protection flows from the idea that there is a protectable 'aura of authenticity' around iconic designs - a claim that is largely indefensible and provides little basis for expanded legal protection.

      PubDate: Thu, 31 Aug 2017 22:39:22 GMT
       
  • Volume 37 Issue 2 - In defence of judicial dissent
    • Abstract: McIntyre, Joe
      Recently, the issue of the 'inefficient' practice of judicial dissent has become a matter of some controversy in Australia. Responding to this controversy, this article defends the role of dissent by developing a conceptual foundation to identify and understand the vital role it plays - through various mechanisms - in promoting the excellent performance of the judicial function. It then turns to an illustration of judicial excellence in dissent by reference to a paragon opinion which demonstrates that dissent is not a mere anachronism, but a vital tool in enhancing judicial performance.

      PubDate: Thu, 31 Aug 2017 22:39:22 GMT
       
  • Volume 37 Issue 2 - Justice must be seen to be done: A contextual
           reappraisal
    • Abstract: Oakes, Anne Richardson; Davies, Haydn
      This article locates Lord Hewart CJ's well-known dictum 'justice must be seen to be done' in the context of early 20th century concerns with the composition of the League of Nations' Permanent Court of International Justice. These concerns related to perceptions of judicial independence but his remarks now sustain an impartiality analysis criticised both for its amorphous nature and for its failure to address the relational dimensions of public confidence and legitimacy. In the 21st century, the composition of the judicial bench is once again an issue of concern but the imperatives are those of democracy and accountability. From this perspective, the appearance of justice is best served by judges who are reflective of the community they are appointed to serve. The 'fair reflection principle' of judicial international standards brings renewed attention to the issue of the composition of the judicial bench, giving contemporary substance to Lord Hewart's remarks and illustrating further the dynamic connection between evolving national and international norms.

      PubDate: Thu, 31 Aug 2017 22:39:22 GMT
       
  • Volume 37 Issue 2 - Bartlett v Australia and new Zealand banking group
           Ltd, [2016] NSWCA 30 (7 march 2016)
    • Abstract: Williams, Natalie
      In 'Bartlett v Australia and New Zealand Banking Group Ltd', Mr Bartlett was wrongfully dismissed by the Australia and New Zealand Banking Group Limited (ANZ)2 for committing serious misconduct by allegedly posting confidential internal information to a journalist.

      PubDate: Thu, 31 Aug 2017 22:39:22 GMT
       
  • Volume 37 Issue 2 - John Jefferson bray - a vigilant life [Book Review]
    • Abstract: Kirby, Michael
      Review(s) of: John Jefferson Bray - a vigilant life, by John Emerson, Monash University Publishing, 2015, I-XVI + 271 pp, ISBN 978 1 92223 561 9.

      PubDate: Thu, 31 Aug 2017 22:39:22 GMT
       
  • Volume 37 Issue 2 - Zaburoni v the queen (2016) 256 CLR 482
    • Abstract: Teng, Jordan Wei Peng; Mahony, Rebecca
      In 'Zaburoni v The Queen', the High Court decided what it means to 'intend' to transmit a serious infectious disease to another person under s 317(b) of the 'Criminal Code Act 1899' (Qld) ('the Code'). Godfrey Zaburoni was convicted in the District Court of Queensland of intentionally transmitting the human immunodeficiency virus ('HIV') to his former partner.

      PubDate: Thu, 31 Aug 2017 22:39:22 GMT
       
  • Volume 37 Issue 1 - Abortion in the shadow of the criminal law': The
           case of South Australia
    • Abstract: Heath, Mary; Mulligan, Ea
      In 1969, the South Australian Parliament passed amendments to the criminal law designed to liberalise abortion and clearly state the circumstances in which abortion services might lawfully be provided by medical practitioners. Nevertheless, abortion offences, and the circumstances under which abortion may lawfully be provided, are stated in the Criminal Law Consolidation Act 1935 (SA), and this fact has given rise to continued concern about the legality of abortion in South Australia. This article considers whether there is any basis for these concerns, with particular focus on the provision of medication abortion, which was not contemplated by Parliament in 1969. In doing so, it draws on the language of the provisions and the extensive parliamentary debates that preceded their passage into law, arguing that Parliament's primary goal was to preserve women's health through clarifying the contexts in which lawful abortion would be available. We contend that any suggestion that medical abortion is criminal in South Australia, or that medical practitioners who comply with the statutory scheme in good faith run the risk of being prosecuted, is not grounded in an accurate account of the positive law. Nor is it supported by the application of the law in practice since 1969.

      PubDate: Thu, 24 Aug 2017 17:23:52 GMT
       
  • Volume 37 Issue 1 - Achieving fairness in the allocation of public funding
           in referendum campaigns
    • Abstract: Kildea, Paul
      In 2013 the Gillard Government caused controversy when, in the lead-up to its planned referendum on local government recognition, it allocated 95 per cent of available promotional funding to the Yes campaign. This occurrence affirms that funding allocation is emerging as a contentious area in Australian referendum practice, and there are signs that disagreements about funding could have an impact on the proposed referendum on the constitutional recognition of Aboriginal and Torres Strait Islander peoples. This article argues that the existing regulation of federal referendum expenditure is inadequate and a more principled and long-term approach is required. It evaluates the merits of three different approaches to funding allocation: 'equal funding', which sees funding shares divided equally between the Yes and No campaigns; 'proportionate funding', by which available money is allocated in proportion to parliamentary support; and discretionary funding, whereby promotional funds are apportioned at the discretion of the federal government. The article argues that legislation should be passed to establish a sustainable approach to funding allocation that advances, as much as possible, the objective of fairness in referendum campaigns. To this end it identifies and evaluates several reform options that, although imperfect, are preferable to the status quo.

      PubDate: Thu, 24 Aug 2017 17:23:52 GMT
       
  • Volume 37 Issue 1 - Dr George Ian Duncan remembered
    • Abstract: Kirby, Michael
      PubDate: Thu, 24 Aug 2017 17:23:52 GMT
       
  • Volume 37 Issue 1 - Australian employee entitlements in the event of
           insolvency: Is an insurance scheme an effective protective measure'
    • Abstract: Al Bhadily, Mohammed; Hosie, Peter
      In 2001, the Howard Government established the General Employee Entitlements and Redundancy Scheme, funded by taxpayers to provide a limited level of protection for employee entitlements in the event of corporate insolvency. The effectiveness of the scheme has been questioned as it involved taxpayers bailing out insolvent companies, and because government support has the potential to discourage employers from being fully accountable for employee entitlements. Government subsidising of employee entitlements may encourage misconduct or possibly lead to illegal activities by directors and corporate officers. A system where taxpayers bear the main cost of corporate failure is arguably inequitable. In 2012, the General Employee Entitlements and Redundancy Scheme was replaced by the 'Fair Entitlements Guarantee Act 2012' (Cth), also funded by the taxpayer, prompting the same concerns. This paper explores the potential for a joint employer and federal government-funded insurance scheme to provide an alternative solution for protecting employee entitlements when corporations collapse. An insurance scheme is proposed as a protective measure for employee entitlements. Such a scheme could provide sustainable and effective protective measures for employee entitlements.

      PubDate: Thu, 24 Aug 2017 17:23:52 GMT
       
  • Volume 37 Issue 1 - The future of charity regulation in Australia:
           Complexities of change
    • Abstract: Vaughan-Williams, John
      This article analyses the Australian Charities and Not-for-profits Commission (ACNC), established in 2012 by the Labor Government, and its role in charity regulation and guidance for Australia. This analysis is made in light of previous Coalition Government plans, which have since been abandoned, to disband the body. The charitable sector has long called for wholesale regulatory reform, due to the amount of duplicate reporting that exists in Australia's federal system. The ACNC has undertaken to address this issue, and many positive achievements have already been reached. Drawing on comparisons with both the New Zealand jurisdiction and Australia's pre-ACNC system, this article presents the case that the ACNC is a vital body for the sector, and presents some suggestions for future improvement in charity regulation.

      PubDate: Thu, 24 Aug 2017 17:23:52 GMT
       
  • Volume 37 Issue 1 - Rebutting the ban the burqa rhetoric: A critical
           
    • Abstract: Barker, Renae
      The re-emergence of the ban the burqa campaign in Australia and the short-lived Commonwealth parliamentary ban on the wearing of face coverings in Parliament House highlight the ongoing hysteria surrounding the veil and the dangers of responding to that hysteria. This article critically examines the arguments put forward in support of a ban on the burqa. Arguments examined include that the wearing of a full face veil is not a religious requirement in Islam, that the veil is oppressive to women, that it is un-Australian, that the veil poses a security risk, that a ban is necessary for facial identification and that banning the veil is consistent with Australian society's treatment of other forms of face covering. The article concludes that these arguments do not provide a justification for a ban in Australia, either alone or in concert. Further, it demonstrates that many of the arguments put forward in support of a ban are counterproductive and contradictory. It argues that instead Australia should strive to identify where limited restrictions may be necessary and that any restrictions on the wearing of the face veil should be as minimally invasive as possible.

      PubDate: Thu, 24 Aug 2017 17:23:52 GMT
       
  • Volume 37 Issue 1 - Conflict in strata title developments: The need for
           differentiated dispute resolution rules
    • Abstract: Douglas, Kathy; Leshinsky, Rebecca; Condliffe, Peter
      Conflict arising in apartment buildings, medium-density housing and master planned estates is an important issue as strata title developments become more prevalent in Australia. In Victoria, the 'Owners Corporations Act 2006' (Vic) ('OC Act') provides for a dispute resolution scheme for conflicts arising in strata developments. This article reports on research into dispute resolution under the 'OC Act', and in particular into the effectiveness of the model rules for dispute resolution provided in the associated regulations. The research, which was conducted in Victoria in 2011, gathered data from a range of key stakeholders in owners corporations, including 34 strata managers of owners corporations. This article reports on the range of conflicts experienced by the strata managers who participated in the study. Analysis of the data provided by the strata managers shows that difficulties with conflict and the model rules for dispute resolution under the 'OC Act' were most evident in small and large developments. The participants most satisfied with the model rules were managers in medium-sized owners corporations. Whilst a majority of managers used the model rules, over a third used their own informal rules. These findings lead the authors to argue that there is a need for differentiated rules for dispute resolution that are dependent upon the size of the development. Additionally, the authors suggest that further research is needed into the informal rules applied by a significant proportion of managers to ascertain their effectiveness and to provide owners corporations with added choice in dispute resolution.

      PubDate: Thu, 24 Aug 2017 17:23:52 GMT
       
  • Volume 37 Issue 1 - Sentencing parents: The consideration of dependent
           children
    • Abstract: Walsh, Tamara; Douglas, Heather
      Sentencing a parent will necessarily impact upon their dependent children; if a parent is imprisoned, hardship to their children is inevitable. In all Australian jurisdictions, judges and magistrates are able to consider the hardship that would be caused to an offender's family and dependants when determining a sentence. However, Australian courts have held that the circumstances will have to be 'exceptional' for hardship to children to influence sentencing. In this research, we considered 85 sentencing appeal cases from all Australian jurisdictions where hardship to the defendant's dependent children as a result of the sentence was considered. This article discusses the cases in order to consider the kinds of circumstances that have been found to be 'exceptional'. The authors also consider the mercy discretion, and its relationship with the exceptional circumstances test. The article identifies concerns with the requirement for exceptionality and argues that the best interests of offenders' children should always be a significant factor to be weighed in the sentencing process.

      PubDate: Thu, 24 Aug 2017 17:23:52 GMT
       
  • Volume 37 Issue 1 - Pre-trial defence disclosure in South Australian
           criminal proceedings: Time for change'
    • Abstract: Line, Lucy; Wyld, Claire; Plater, David
      The issue of defence disclosure in criminal proceedings has come under renewed focus as a result of the recent 'Criminal Procedure Amendment (Mandatory Pre-Trial Defence Disclosure) Act 2013' (NSW) which imposes comprehensive duties similar to those that exist in Victoria and England. This article argues that South Australia also needs legislative reform to implement broader requirements for pre-trial defence disclosure. This article suggests that cultural change amongst lawyers and judges is also required. South Australia would benefit from such reforms as it would improve the efficiency of the criminal trial process. The increased complexity and length of modern criminal trials, combined with the current financial climate, means that criminal procedural reform must be shaped by considerations for efficacy. The legislature must be willing to take a more managerialist approach to criminal procedure, while still preserving an accused's rights within the adversarial system. It is suggested that the traditional arguments against defence disclosure are more rhetorical than real and that current resistance to South Australia's existing pre-trial defence disclosure regime is explicable by a wider cultural resistance within the legal community to mandated defence disclosure. In order for a stricter regime of defence disclosure to be successfully implemented, Parliament needs to be mindful of this culture and provide incentives for an accused to participate in pre-trial disclosure, rather than relying solely on sanctions for noncompliance. Despite the challenges in this controversial area, a scheme for fair, effective and enforceable pre-trial defence disclosure can be identified and should be adopted in South Australia.

      PubDate: Thu, 24 Aug 2017 17:23:52 GMT
       
  • Volume 37 Issue 1 - The media's standing to challenge departures from open
           justice
    • Abstract: Douglas, Michael
      Open justice is essential to the integrity of our justice system. When a court departs from open justice, it is appropriate that media organisations are able to question whether the circumstances warrant the departure. This article addresses the standing of media organisations to challenge departures from open justice. In some jurisdictions, the issue is resolved by statute. However, the position is not uniform around Australia. The article explains the position under the differing statutes and at common law. It focuses on the common law position, where the standing of media organisations is controversial. It argues that at common law, media organisations may intervene as of right, as a matter of natural justice, in any proceedings contemplating a departure from open justice.

      PubDate: Thu, 24 Aug 2017 17:23:52 GMT
       
  • Volume 37 Issue 1 - 'Paperless arrests': North Australian Aboriginal
           Justice Agency Ltd v Northern Territory (2015) 326 ALR 16
    • Abstract: Eldridge, John
      In North Australian Aboriginal Justice Agency Ltd v Northern Territory, an unsuccessful challenge was mounted to the constitutional validity of div 4AA of pt VII of the Police Administration Act 1978 (NT) ('PA Act').

      PubDate: Thu, 24 Aug 2017 17:23:52 GMT
       
  • Volume 37 Issue 1 - Minister for Immigration and Border Protection v WZARH
           (2015) 326 ALR 1
    • Abstract: Roeger, Shauna
      In Minister for Immigration and Border Protection v WZARH,1 the High Court considered whether WZARH, a Sri Lankan Tamil who arrived by boat on Christmas Island in 2010, had been denied procedural fairness in the Independent Merits Review of his Refugee Status Assessment. The Minister was granted special leave to appeal after two judges of the Federal Court invoked the concept of 'legitimate expectations' to find in favour of WZARH. The High Court dismissed the appeal, but, usefully, provided a succinct statement of the current principles on procedural fairness. This case note analyses the implications of the decision on the role of 'legitimate expectations' at both the threshold- and content-stage of the inquiry.

      PubDate: Thu, 24 Aug 2017 17:23:52 GMT
       
 
 
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