Charity law reforms : overview of progress since 2001

In the UK, Singapore, Canada, New Zealand and Australia, as in many other jurisdictions, charity law is rooted in the common law and anchored on the Statute of Charitable Uses 1601. The Pemsel classification of charitable purposes was uniformly accepted, and together with a shared and growing pool of judicial precedents, aided by the ‘spirit and intendment’ rule, has subsequently allowed the law to develop along much the same lines. In recent years, all the above jurisdictions have embarked on law reform processes designed to strengthen regulatory processes and to statutorily define and encode common law concepts. The reform outcomes are now to be found in a batch of national charity statutes which reflect interesting differences in the extent to which their respective governments have been prepared to balance the modernising of charitable purposes and other common law concepts alongside the customary concern to tighten the regulatory framework.

Government : charity boundaries

The Preamble1 was the initial legislative statement of matters construed by government to constitute charitable purposes in a common law context. It provided an outline of what was to become the core agenda for government’s relationship with charity. The resulting implied partnership, as viewed by government, endured for four centuries and in many different cultural contexts across the common law world. During that period, judicial mediation on the balance to be struck between government interest in acquiring value for granting tax exempt privileges and the right of individuals to freely dispose of property in accordance with their particular altruistic wishes steadily broadened the range of purposes deemed to be charitable, the vagaries of donor choice often prevailing over government interest in acquiring value for tax exemption.

Modernising charity : steps to an alternative architecture for common law charity jurisprudence

This chapter addresses the question, how can the common law concept of charity law be modernised? There are difficulties with the present jurisprudential conception. The focus of the chapter is not on those difficulties, however, but rather on the development of an alternative architecture for common law jurisprudence. The conclusion to which the chapter comes is that charity law can be modernised by a series of steps to include all civil society organisations. It is possible if the ‘technical’ definition of charitable purpose is abandoned in favour of a contemporary, not technical concept of charitiable purpose. This conclusion is reached by proposing a framework, developed from the common law concept of charities, that reconciles into a cohesive jurisprudential architecture all of the laws applying to civil society organisations, not just charities. In this section, first the argument is contextualised in an idea of society and located in a gap in legal theory. An analogy is then offered to introduce the problems in the legal theory applying, not just to charities, but more broadly to civil society organisations. The substantive challenge of mapping an alternative jurisprudence is then taken in steps. The final substantive section conceptualises the changes inherent in a move beyond charities to a jurisprudence centred on civil society organisations and how this would bring legal theory into line with sectoral analysis in other disciplines.

Cultural and creative industries

This chapter evaluates the rise of creative industries from four standpoints: the growing interest in creativity in the early 21st century; the 'culturalisation' of economic life with the rise of service industries; clustering and uneven development in the cultural economic geography of the creative industries; and the future of arts and cultural policy.

Whose creative Industries?

In an era of hyper-specialization it is unusual to find such a range of concerns as creative economy, media studies, copyright law and 'area' studies, but at the same time it is impossible to do justice to specialist domains without knowing how they fit together.

Delegation constraint management

The paper addresses the issue of providing access control via delegation and constraint management across multiple security domains. Specifically, this paper proposes a novel Delegation Constraint Management model to manage and enforce delegation constraints across security domains. An algorithm to trace the authority of delegation constraints is introduced as well as an algorithm to form a delegation constraint set and detect/prevent potential conflicts. The algorithms and the management model are built upon a set of formal definitions of delegation constraints. In addition, a constraint profile based on XACML is proposed as a means to express the delegation constraint. The paper also includes a protocol to exchange delegation constraints (in the form of user commitments) between the involved entities in the delegation process.

On a taxonomy of delegation

Delegation, from the technical point of view, is widely considered as a potential approach in addressing the problem of providing dynamic access control decisions in activities with a high level of collaboration, either within a single security domain or across multiple security domains. Although delegation continues to attract significant attention from the research community, presently, there is no published work that presents a taxonomy of delegation concepts and models. This paper intends to address this gap by presenting a set of taxonomic criteria relevant to the concept of delegation and applies the taxonomy to a selection of significant delegation models published in the literature.

A model for constraint and delegation management

This paper introduces a model to facilitate delegation, including ad-hoc delegation, in cross security domain activities. Specifically, this paper proposes a novel delegation constraint management model to manage and track delegation constraints across security domains. An algorithm to trace the authority of delegation constraints is introduced as well as an algorithm to form a delegation constraint set and detect/prevent potential conflicts. The algorithms and the management model are built upon a set of formal definitions of delegation constraints.

On a taxonomy of delegation

Delegation, from a technical point of view, is widely considered as a potential approach in addressing the problem of providing dynamic access control decisions in activities with a high level of collaboration, either within a single security domain or across multiple security domains. Although delegation continues to attract significant attention from the research community, presently, there is no published work that presents a taxonomy of delegation concepts and models. This article intends to address this gap by presenting a set of taxonomic criteria relevant to the concept of delegation. This article also applies the taxonomy to a selection of significant delegation models published in the literature.

Commitment issues in delegation process

Delegation is a powerful mechanism to provide flexible and dynamic access control decisions. Delegation is particularly useful in federated environments where multiple systems, with their own security autonomy, are connected under one common federation. Although many delegation schemes have been studied, current models do not seriously take into account the issue of delegation commitment of the involved parties. In order to address this issue, this paper introduces a new mechanism to help parties involved in the delegation process to express commitment constraints, perform the commitments and track the committed actions. This mechanism looks at two different aspects: pre-delegation commitment and post-delegation commitment. In pre-delegation commitment, this mechanism enables the involved parties to express the delegation constraints and address those constraints. The post-delegation commitment phase enables those parties to inform the delegator and service providers how the commitments are conducted. This mechanism utilises a modified SAML assertion structure to support the proposed delegation and constraint approach.

Modal parameter estimation in the presence of non-linearities

This paper investigates the use of time-frequency techniques to assist in the estimation of power system modes which are resolvable by a Digital Fourier Transform (DFT). The limitations of linear estimation techniques in the presence of large disturbances which excite system non-linearities, particularly the swing equation non-linearity are shown. Where a nonlinearity manifests itself as time varying modal frequencies the Wigner-Ville Distribution (WVD) is used to describe the variation in modal frequencies and construct a window over which standard linear estimation techniques can be used. The error obtained even in the presence of multiple resolvable modes is better than 2%.

A virtual test assessment tool for second year signal processing students

The development and use of a virtual assessment tool for a signal processing unit is described. It allows students to take a test from anywhere using a web browser to connect to the university server that hosts the test. While student responses are of the multiple choice type, they have to work out problems to arrive at the answer to be entered. CGI programming is used to verify student identification information and record their scores as well as provide immediate feedback after the test is complete. The tool has been used at QUT for the past 3 years and student feedback is discussed. The virtual assessment tool is an efficient alternative to marking written assignment reports that can often take more hours than actual lecture hall contact from a lecturer or tutor. It is especially attractive for very large classes that are now the norm at many universities in the first two years.

Preference among four Bactrocera species (Diptera: Tephritidae) by Diachasmimorpha kraussii (Fullaway) (Hymenoptera: Braconidae)

Diachasmimorpha kraussii is an endoparasitoid of larval dacine fruit flies. To date the only host preference study done on D. kraussii has used fruit flies from outside its native range (Australia, Papua New Guinea, Solomon Islands). In contrast, this paper investigates host preference for four fly species (Bactrocera cacuminata, B. cucumis, B. jarvisi and B. tryoni) which occur sympatrically with the wasp in the Australian component of the native range. Diachasmimorpha kraussii oviposition preference, host suitability (parasitism rate, number of progeny, sex ratio), and offspring performance measures (body length, hind tibial length, developmental time) were investigated with respect to the four fly species in the laboratory in both no-choice and choice situations. The parasitoid accepted all four fruit fly species for oviposition in both no-choice and choice tests; however, adult wasps only emerged from B. jarvisi and B. tryoni. Through dissection, it was demonstrated that parasitoid eggs were encapsulated in both B. cacuminata and B. cucumis. Between the two suitable hosts, measurements of oviposition preference, host suitability and offspring performance measurements either did not vary significantly, or varied in an inconsistent manner. Based on our results, and a related study by other authors, we conclude that D. krausii, at the point of oviposition, cannot discriminate between physiologically suitable and unsuitable hosts.