The Australian Nonprofit Sector Legal Almanac 2010, ACPNS Working Paper 53

This is the third year that we have summarised annual developments in the law for nonprofit staff, boards and volunteers. We were encouraged by the interest shown in last year’s publication and the use made of the digital copy on our web site, so here is the almanac for the Jan 2010–Dec 2010 period. We are delighted that the Australian Charity Law Association and PilchConnect (Victoria) have again agreed to contribute and promote the publication as well. These two organisations are beginning to fill the void of professional legal development and assistance to small nonprofit organisations that has characterised Australia for too many years. The first conference of the Australian Charity Law Association in Sydney was a significant event and one of the addresses is included in the Almanac. Other materials from the conference can be accessed at the Centre’s website.

Communicating friendships : a case study of women in an Australian 'seachange' town

This thesis proposes =friendworks‘ as an important sub-group of social networks, comprised of networks of friends. It investigates friendworks of a particular group of adult Australian women as a way of understanding neglected aspects of social networking practices. Friendworks are contextualised to highlight two main themes of interest: population mobility and communication practices. The impact of relocation on individuals, local communities and the wider society is explored through a case study of female friendworks in a seachange community. Research findings point to the importance of friendworks in building and cohering social and emotional support, well-being, belonging and senses of place and community. Different types of communication methods were used by research participants for mediating different kinds of social ties within the friendworks considered here. Communication patterns were influenced by geographical proximity to friends, and the type of social support required of them (emotional, instrumental or companionship). Most findings were consistent with broader social patterns of communication. For example, face-to-face interactions were the dominant and most favoured communication method between local friends, regardless of whether they were weak or strong ties. The fixed-telephone and the internet were commonly in use to maintain old and geographically distant social ties, while mobile phones were used the least among friends in comparison with other communication methods. The key finding of this thesis is that friendworks are an extremely important solid network in contemporary society, providing mooring relations in a mobile world. Paradoxically, however, for women in this study, the mobile phone, which is popularly perceived as a flexible, multi-purpose communication technology for people on the move, was the least versatile of all technologies for maintaining friendworks. The cost of services was the main inhibitor here. The internet was found to be the most versatile communication technology and was used to support various types of social ties: strong, weak, local and distant. This thesis also highlights the value of the concept of friendworks as well as networks for communication research and policy investigating individuals‘ motivations and practices.

Leveraging R&D to advance digital modelling practice in Australian construction

This paper describes a lead project currently underway through Australia’s Sustainable Built Environment National Research Centre, evaluating impacts, diffusion mechanisms and uptake of R&D in the Australian building and construction industry. Building on a retrospective analysis of R&D trends and industry outcomes, a future-focused industry roadmap will be developed to inform R&D policies more attuned to future industry needs to improve investment effectiveness. In particular, this research will evaluate national R&D efforts to develop, test and implement advanced digital modelling technologies into the design/construction/asset management cycle. This research will build new understandings and knowledge relevant to R&D funding strategies, research team formation and management (with involvement from public and private sectors, and research and knowledge institutions), dissemination of outcomes and uptake. This is critical due to the disaggregated nature of the industry, intense competition, limited R&D investment; and new challenges (e.g. digital modelling, integrated project delivery, and the demand for packaged services). The evaluation of leading Australian and international efforts to integrate advanced digital modelling technologies into the design/construction/asset management cycle will be undertaken as one of three case studies. Employing the recently released Australian Guidelines for Digital Modelling developed with buildingSMART (International Alliance for Interoperability) and the Australian Institute of Architects, technical and business benefits across the supply chain will be highlighted as drivers for more integrated R&D efforts.

Australian queer student activists' media representations of queer

Queer student activists are a visible aspect of Australian tertiary communities. Institutionally there are a number of organisations and tools representing and serving gay, lesbian, bisexual, transgender, intersex and ‘otherwise queer identifying’ (GLBTIQ) students. ‘Queer’ is a contentious term with meanings ranging from a complex deconstructive academic theory to a term for ‘gay’. Despite the institutional applications, the definition remains unclear and under debate. In this thesis I examine queer student activists’ production of print media, a previously under-researched area. In queer communities, print media provides crucial grounding for a model of queer. Central to identity formation and activism, this media is a site of textuality for the construction and circulation of discourses of queer student media. Thus, I investigate the various ways Australian queer student activists construct queer, queer identity, and queer activism in their print media. I use discourse analysis, participant observation and semi-structured interviews to enable a thorough investigation of both the process and the products of queer student media. My findings demonstrate that queer student activists’ politics are grounded in a range of ideologies drawing from Marxism, Feminism, Gay Liberation, Anti-assimilation and Queer Theory. Grounded in queer theoretical perspectives of performativity this research makes relatively new links between Queer Theory and Media Studies in its study of the production contexts of queer student media. In doing so, I show how the university context informs student articulations of queer, proving the necessity to locate research within its social-cultural setting. My research reveals that, much like Queer Theory, these representations of queer are rich with paradox. I argue that queer student activists are actually theorising queer. I call for a reconceptualisation of Queer Theory and question the current barriers between who is considered a ‘theorist’ of queer and who is an ‘activist’. If we can think about ‘theory’ as encompassing the work of activists, what implications might this have for politics and analysis?

Gender differences and store characteristics : a study of Australian supermarket consumers

It is argued, there is a paucity of research with regard to male and female consumer behaviour in the context of supermarket shopping in Australia. The purpose of this paper is to identify the differences between male and female shoppers rating the importance of store characteristics within an Australian Supermarket retail environment. A survey gathered data from two hundred and eighty male and female grocery shoppers, across four major Brisbane supermarkets. A simple-random-sample, collection methodology was employed to collect data. Significant statistical differences between male and female grocery shoppers were evident on all ten store characteristics constructs. Significant gender differences featured on twenty-eight of thirty scale items tested. Female grocery shoppers considered supermarket store characteristics more important than male shoppers. This study has implications for sociology, gender studies and consumer behaviour disciplines. It also has commercial implications for food retail management and consumer marketing activities that can positively influence consumer participation levels, increased store revenues and profitability.

Standardisation and patent ambush : potential liability under Australian competition law

This article examines the problem of patent ambush in standard setting, where patent owners are sometimes able to capture industry standards in order to secure monopoly power and windfall profits. Because standardisation generally introduces high switching costs, patent ambush can impose significant costs on downstream manufacturers and consumers and drastically reduce the efficiency gains of standardisation.This article considers how Australian competition law is likely to apply to patent ambush both in the development of a standard (through misrepresenting the existence of an essential patent) and after a standard is implemented (through refusing to license an essential patented technology either at all or on reasonable and non-discriminatory (RAND) terms). This article suggests that non-disclosure of patent interests is unlikely to restrained by Part IV of the Trade Practices Act (TPA), and refusals to license are only likely to be restrained if the refusal involves leveraging or exclusive dealing. By contrast, Standard Setting Organisations (SSOs) which seek to limit this behaviour through private ordering may face considerable scrutiny under the new cartel provisions of the TPA. This article concludes that SSOs may be best advised to implement administrative measures to prevent patent hold-up, such as reviewing which patents are essential for the implementation of a standard, asking patent holders to make their licence conditions public to promote transparency, and establishing forums where patent licensees can complain about licence terms that they consider to be unreasonable or discriminatory. Additionally, the ACCC may play a role in authorising SSO policies that could otherwise breach the new cartel provisions, but which have the practical effect of promoting competition in the standards setting environment.

Encyclopedia contributions : entries S-Z in Oxford Companion to Australian Gardens

Shelton, E.M. (p.548); Sherwood Arboretum (p.550); Soutter, William (pp.563-4); Styles (pp.575-6); Summer-House (579-580); Trapnell, W.G. (p.602); Tropical Gardens (pp.604-5);Verandah Gardening (p.614); Wickham Park (p.642); Wijaya, Made (p.642); Williams, George (p.644); Williams Keith A (p.644).