Licensing age issues : deliberations from a workshop devoted to this topic

Objective: To highlight the issues and discuss the research evidence regarding safety, mobility, and other consequences of different licensing ages. Methods: Information included is based on presentations and discussions at a one-day workshop on licensing age issues, and a review and synthesis of the international literature. Results: The literature indicates that higher licensing ages are associated with safety benefits. There is an associated mobility loss, more likely to be an issue in rural states. Legislative attempts to raise the minimum age for independent driving in the United States, e.g., from 16 to 17, have been resisted, although in some states the age has been raised indirectly through graduated driver licensing (GDL) policies. Conclusions: Jurisdictions can achieve reductions in teenage crashes by raising the licensing age. This can be done directly, or indirectly by strengthening GDL systems, in particular extending the minimum length of the learner period.

Catching up with consumer realities: the need for legislation prohibiting unfair terms in consumer contracts

In the policy debate about the need for legislation to prohibit the use of unfair terms in consumer contracts, substantive unfairness is often distinguished from procedural unfairness. Current consumer protection laws appear to offer the potential for relief on substantive unfairness grounds alone. However, a review of cases involving credit contracts shows this potential is rarely realised. This reluctance to provide relief for substantive injustice reflects a preoccupation with freedom and certainty of contract, the notions underpinning classical contract theories. As a class, consumers are vulnerable in the marketplace, and they do need protection from substantively unfair terms. A new framework for regulating consumer contracts is needed, one that relies less on classical contract theories and takes the reality of consumer contracting and consumer behavior as its starting point. Unfair contract terms legislation will be a step on the path towards this new framework.

WorkChoices, ImageChoices and the marketing of new industrial relations legislation

This article takes a critical discourse approach to one aspect of the Australian WorkChoices industrial relations legislation: the government’s major advertisement published in national newspapers in late 2005 and released simultaneously as a 16-page booklet. This strategic move was the initial stage of one of the largest ‘information’ campaigns ever mounted by an Australian government, costing more than $AUD137 million. This article analyse the semiotic (visual and graphic) elements of the advertisement to uncover what these elements contribute to the message, particularly through their construction of both an image of the legislation and a portrayal of the Australian worker. We argue for the need to fuse approaches from critical discourse studies and social semiotics to deepen understanding of industrial relations phenomena such as the ‘hard sell’ to win the hearts and minds of citizens regarding unpopular new legislation.

Enhancing road safety for young drivers : how Graduate Driver Licensing initiatives can complement "anti-hooning" legislation

Street racing and associated (hooning) behaviours have attracted increasing concern in recent years. While New Zealand and all Australian jurisdictions have introduced “antihooning” legislation and allocated significant police resources to managing the problem, there is limited evidence of the road safety implications of hooning. However, international and Australian data suggests that drivers charged with a hooning offence tend to be young males who are accompanied by one or more peers, and hooning-related crashes tend to occur at night. In this regard, there is considerable evidence that drivers under the age of 25 are over-represented in crash statistics, and are particularly vulnerable soon after obtaining a Provisional licence, when driving at night, and when carrying peer-aged passengers. The similarity between the nature of hooning offenders, offences and crashes, and road safety risks for young drivers in general, suggests that hooning is an issue that may be viewed as part of the broader young driver problem. Many jurisdictions have recently implemented a range of evidence-based strategies to address young driver road safety, and this paper will present Queensland crash and offence data to highlight the potential benefit of Graduated Driver Licensing initiatives, such as night driving restrictions and peer-aged passenger restrictions, to related road safety issues, including hooning. An understanding of potential flow-on effects is important for evaluations of anti-hooning legislation and Graduated Driver Licensing programs, and may have implications for future law enforcement resource allocation and policy development.

The prostitute and the client : challenging the dualisms

Certain ways of knowing the prostitute and the client predominate. He is understood through the discourse of sexology, she is understood through the discourses of psychology, psychoanalysis, economics and feminism. However, while the prostitute and the client appear to be known through unrelated and diverse discourses, such ways of knowing are organised through the dualisms of sex and gender, victim and agent, mind and body. Moreover, these ways of knowing are directly related to popular discourse, policy and legislation on the topic. This paper examines the relationship between ways of knowing the prostitute and the client, and political action in Australia. it argues that inadequate theoretical conceptualisations are often at the heart of poorly conceived praxis - in this case Australian policy and legislation. This paper will demonstrate that re-thinking the theory can lead to new ways of acting.

The failure of Australian legislation on indirect discrimination to detect the systemic racism which prevents Aboriginal people from fully participating in the workforce

Government figures put the current indigenous unemployment rate at around 23%, 3 times the unemployment rate for other Australians. This thesis aims to assess whether Australian indirect discrimination legislation can provide a remedy for one of the causes of indigenous unemployment - the systemic discrimination which can result from the mere operation of established procedures of recruitment and hiring. The impact of those practices on indigenous people is examined in the context of an analysis of anti-discrimination legislation and cases from all Australian jurisdictions from the time of the passing of the Racial Discrimination Act by the Commonwealth in 1975 to the present. The thesis finds a number of reasons why the legislation fails to provide equality of opportunity for indigenous people seeking to enter the workforce. In nearly all jurisdictions it is obscurely drafted, used mainly by educated middle class white women, and provides remedies which tend to be compensatory damages rather than change to recruitment policy. White dominance of the legal process has produced legislative and judicial definitions of "race" and "Aboriginality" which focus on biology rather than cultural difference. In the commissions and tribunals complaints of racial discrimination are often rejected on the grounds of being "vexatious" or "frivolous", not reaching the required standard of proof, or not showing a causal connection between race and the conduct complained of. In all jurisdictions the cornerstone of liability is whether a particular employment term, condition or practice is reasonable. The thesis evaluates the approaches taken by appellate courts, including the High Court, and concludes that there is a trend towards an interpretation of reasonableness which favours employer arguments such as economic rationalism, the maintenance of good industrial relations, managerial prerogative to hire and fire, and the protection of majority rights. The thesis recommends that separate, clearly drafted legislation should be passed to address indigenous disadvantage and that indigenous people should be involved in all stages of the process.

A distributed knowledge management infrastructure based on a Topic Map grid

Modern enterprise knowledge management systems typically require distributed approaches and the integration of numerous heterogeneous sources of information. A powerful foundation for these tasks can be Topic Maps, which not only provide a semantic net-like knowledge representation means and the possibility to use ontologies for modelling knowledge structures, but also offer concepts to link these knowledge structures with unstructured data stored in files, external documents etc. In this paper, we present the architecture and prototypical implementation of a Topic Map application infrastructure, the ‘Topic Grid’, which enables transparent, node-spanning access to different Topic Maps distributed in a network.