Judicial (in)activism in Australia's secular commonwealth

his article addresses two aspects of Australia's soft secular government. The first aspect explains how, and asks why, judges have been inactive in helping to draw the contours of secular government in Australia. The principal reason is that much of the social regulation that provokes the interest of faith-based groups is the constitutional concern of the States, and no State Constitution claims to coordinate relations between church and state. Moreover, the electorate has twice refused to pass referenda, in 1944 and 1988, for extending a constitutional demand of secular governance to the States. However, this is not so for the Commonwealth. It falls under the restrictions of section 116 of the federal Constitution, which states: The Commonwealth shall not make any law for establishing any religion ('the establishment clause') or for imposing any religious observance, or for prohibiting the free exercise of any religion ('the free exercise clause'), and no religious test shall be required as a qualification for any office or public trust under the Commonwealth. As will be explained, while methods of legal interpretation suggest that section 116's establishment clause could place mild demands of non-discrimination on the federal Parliament, judicial inactivity in policing such demands on the Commonwealth, paradoxically, has arguably been secured by judicial activism in the High Court. A second aspect of secular government addressed is the High Court's disposal of 'the separation of church and state' as a constitutional principle in Australia. The contrast, of course, is to the United States, where for sixty years 'separation' has been given uneven recognition as a rule of constitutional law, and has undoubtedly driven the development of hard forms of secular governance in that country. The centrepiece of American secular government is the 1971 decision in Lemon v Kurtzman, where the US Supreme Court held that valid legislation had to pass three tests, ie: First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion .. . finally, the statute must not foster 'an excessive government entanglement with religion. The third 'entanglement' prong of Lemon is the modern, less ambitious, form of the 'wall of separation', prohibiting too close an engagement between church and state. As this paper will demonstrate, 'entanglement's' destiny shows how unlikely it is that 'separation' can survive as a meaningful constitutional principle in the USA. And, it will also be argued that 'separation' has even poorer prospects for import to Australia.

Relations between companion animals and self-reported health in older women: Cause, effect or artifact

A large longitudinal dataset on women's health in Australia provided the basis of analysis of potential positive health effects of living with a companion animal. Age, living arrangements, and housing all strongly related to both living with companion animals and health. Methodological problems in using data from observational studies to disentangle a potential association in the presence of substantial effects of demographic characteristics are highlighted. Our findings may help to explain some inconsistencies and contradictions in the literature about the health benefits of companion animals, as well as offer suggestions for ways to more forward in future investigations of human-pet relationships.

Aboriginal self-determination in Australia - The effects of minority-majority frames and target universalism on majority collective guilt and compensation attitudes

In the context of Aboriginal-Anglo Australian relations, we tested the effect of framing (multiculturalism versus separatism) and majority group members' social values (universalism) on the persuasiveness of Aboriginal group rhetoric, majority collective guilt, attitudes toward compensation, and reparations for Aboriginals. As predicted, Anglo Australians who are low on universalism report more collective guilt when presented with a multiculturalist than a separatist Aboriginal frame, whereas those high on universalism report high levels of guilt independent of frame. The same pattern was predicted and found for the persuasiveness of the rhetoric and attitudes toward compensation. Our data suggest that (a) for individuals low in universalism, framing produces attitudes consonant with compensation because it produces collective guilt and (b) the reason that universalists are more in favor of compensation and reparation is because of high collective guilt. We discuss the strategic use of language to create power through the manipulation of collective guilt in political contexts.

Diplomatic divergence in the antipodes: Globalisation, foreign policy and state identity in Australia and New Zealand

This article compares the constitutive relationship between foreign policy and globalisation in Australia and New Zealand. Drawing upon insights from constructivist international relations theory we argue that foreign policy instantiates a state's social identity, its self-understanding of its role and moral purpose by projecting a distinctive image onto the global stage. We explore the differences and the similarities between Australia and New Zealand by examining how each country views international order, global trade, global governance and human rights and international security. Although both countries appear to be transforming themselves into more 'globalised' states, there are significant differences in the way each seeks to balance the competing strategic and normative demands. This diplomatic divergence, we argue, stems from different conceptions of state identity.

Predictors of cultural adjustment: Intergroup status relations and boundary permeability

We examined intergroup predictors of cultural adjustment among Asian international students in Australia. Sociostructural beliefs (status, legitimacy, and permeability) and initial adjustment were assessed (N = 113) at Time 1, and measures of adjustment were obtained (N = 80) at Time 2 eight weeks later. International students who perceived their cultural group to be relatively low in status experienced lower levels of psychological adjustment. Also, as expected, the effects of status were moderated by perceptions of both the permeability of intergroup boundaries and the legitimacy of the status differential. At high levels of legitimacy, perceptions of permeable group boundaries were associated with better psychological, sociocultural, and academic adjustment among international students perceiving their group to be low in status, but lower levels of adjustment among students who perceived their group to be high in status. At low levels of legitimacy, irrespective of group status position, perceived permeability was not related to adjustment.

'Look at that kid crawling': Race, myth and the 'crawl' stroke

Australia and, more specifically, a Solomon Island schoolboy named A lick Wickham, are credited with creating the swimming racing stroke, the crawl, or freestyle as it is known in contemporary parlance. Wickham's contribution constitutes a popular celebrated and enduring legend. While there is some factual basis to the legend, Wickham s contribution is a sport creation myth. The myth offers an example of the intersection of sport and constructions of Pacific islanders in the racial discourse of the Federation period. As a cultural discourse, the myth reflects how Wickham was accommodated as an exoticised islander and socially acceptable 'black' sportsman.

A victim of its own success: Internationalization, neoliberalism, and organizational involution at the Business Council of Australia

The focus of this article is on the Business Council of Australia (BCA), an association of the CEOs of the 100 or so largest companies operating in Australia. Since its inception the BCA has been an influential supporter of largely successful efforts to neoliberalize and internationalize the Australian economy. Running in parallel with these developments, however, the BCA has moved from being a "somewhat strong" to a relatively weak policy organization. This article argues these two trends are causally related. Neoliberal-inspired economic restructuring and economic internationalization have weakened the "logic of membership" and the "logic of influence" of the BCA, leading to a process of organizational involution. Furthermore, potential offsets to what I describe as the organizational predations of neoliberalism and internationalization - especially via a willingness or capacity to forge supportive or mutualistic relations with the state - have not been realized.

Characterisation of sea-water intrusion in the Pioneer Valley, Australia using hydrochemistry and three-dimensional numerical modelling

Sea-water intrusion is actively contaminating fresh groundwater reserves in the coastal aquifers of the Pioneer Valley,north-eastern Australia. A three-dimensional sea-water intrusion model has been developed using the MODHMS code to explore regional-scale processes and to aid assessment of management strategies for the system. A sea-water intrusion potential map, produced through analyses of the hydrochemistry, hydrology and hydrogeology, offsets model limitations by providing an alternative appraisal of susceptibility. Sea-water intrusion in the Pioneer Valley is not in equilibrium, and a potential exists for further landward shifts in the extent of saline groundwater. The model required consideration of tidal over-height (the additional hydraulic head at the coast produced by the action of tides), with over-height values in the range 0.5-0.9 m giving improved water-table predictions. The effect of the initial water-table condition dominated the sensitivity of the model to changes in the coastal hydraulic boundary condition. Several salination processes are probably occurring in the Pioneer Valley, rather than just simple landward sea-water advancement from modern sources of marine salts. The method of vertical discretisation (i.e. model-layer subdivision) was shown to introduce some errors in the prediction of watertable behaviour.

'Hybrids' and the gendering of computing jobs in Australia

This paper presents recent Australian evidence on the extent to which women are entering “hybrid” computing jobs combining technical and communication or “people management” skills, and the way these skill combinations are valued at organisational level. We draw on a survey of detailed occupational roles in large IT firms to examine the representation of women in a range of jobs consistent with the notion of “hybrid”, and analyse the discourse around these sorts of skills in a set of organisational case studies. Our research shows a traditional picture of labour market segmentation, with limited representation of women in high status jobs, and their relatively greater prevalence in more routine areas of the industry. While our case studies highlight perceptions of the need for hybrid roles and assumptions about the suitability of women for such jobs, the ongoing masculinity of core development functions appears untouched by this discourse.

Young people's perceptions of police: The impact of race and ethnicity

The continuing problematic nature of interactions between police and youth, especially those of particular ethnic and racial groups, is well-documented. However, our understanding of the development of those attitudes is less well-understood. Using a sample of 14-year-olds from 5 state schools in eastern Australia, we examine how race and ethnicity structure youths' perceptions and assessments of police, and their attitudes towards legal authority. In particular, we explore racial/ethnic differences in the intergenerational transmission of perceptions of police.