Cinema's new waves : an interview with Albie Thoms

Albie Thomas is a seminal figure in the history of Avant-Garde film in Australia. In the mid-1960s he helped found UBU Films, the precursor of the Sydney Film-Makers' Co-operative, and he has made a number of short and feature-length experimental films. Thoms has written on film and film cultures for an array of journals and maintains an active involvement with aspects of the surf film industry in Australia. In this interview, Thoms discusses his early UBU films, and the connections between those films and Palm Beach (1979). Styles of surf film and the influences on Thoms' filmmaking are also discussed.

A need for national regulation on property investment advice and marketeering - suggestions put forward

The property investment advice and marketeering industry is currently unregulated in Australia. There is no uniform national or state regulation in this area. The only protection and remedies currently available are those under the general consumer protection laws scattered in various Acts, and even so, these have numerous problems.This article sets out to argue for a new set of laws to regulate property investment advice and marketeering. In providing suggestions for reform, the article also argues that, to overcome the constitutional difficulty, a national co-operative approach is the only way to move forward in this area and suggests that a new regulator be set up to administer and enforce the new proposed laws on property investment advice and marketeering.

Greening Australian workplaces : workers and the environment

Workers have in the past have been seen as a hindrance to environmental reform. This has been primarily because of the fear of job loss. The job versus the environment dichotomy that has placed workers and trade unions against environmentalists is unhelpful and believed by many as outdated. Internationally, trade unions have worked together with the United Nations and other international bodies to ensure that the rights of workers have not been ignored in the climate change debate. Significantly workers are now seen as part of the answer. Workers are not a hindrance to environmental reform. Rather they are an important part of finding solutions to climate change and wider environmental sustainability measures in our community. The United Nations Environmental Programme report titled ‘Labour and the Environment; A Natural Synergy’ examines how workers and their representative trade unions can make a significant contribution towards promoting action on climate change and wider environmental sustainability measures in the workplace. The report outlines three broad recommendations which countries can implement to foster a growing ‘synergy’ between the interests of labour and protection of the environment. The advantage of the report is that it discusses the recommendations in the context of existing laws and general regulatory structures common to many countries including Australia. The first two recommendations draw upon labour laws whilst the third is in the area of company law. The first recommendation is the use of enterprise bargaining to incorporate clauses which protect and promote the environment in enterprise agreements commonly called ‘green friendly’ clauses. The second recommendation is the use of occupational health and safety laws as a vehicle for the promotion of environmental standards in the workplace. The third recommendation is the active engagement of corporate social responsibility principles by companies. This article discusses the recommendations in the context of Australian law.

Australian property investment advice : an unregulated industry and the need for better consumer protection laws

Currently, consumers have no means of protecting themselves when they are looking for property investment advice in Australia. There is no uniform national or State regulation in the property investment advice and marketeering industry. The only protection and remedies currently available are those under the general consumer protection laws scattered in various Acts, and even so, these have numerous problems. This paper highlights what those problems are under the general consumer protection laws and suggests some changes to the current system. The paper also argues that a national co-operative approach is the only way to move forward in this area and suggests that the constitutional difficulty can be overcome by using the legislative conferral of state powers provision, which has often been overlooked. The paper also argues that a new regulator be set up to administer and enforce the new proposed laws on property investment advice.

Fine structure of shear bands formed during hot deformation of two austenitic steels

Shear bands formed during both cold and hot plastic deformation have been linked with several proposed mechanisms for the formation of ultrafine grains. The aim of the present work was to undertake a detailed investigation of the microstructural and crystallographic characteristics of the shear bands formed during hot deformation of a 22Cr-19Ni-3Mo (mass%) austenitic stainless steel and a Fe-30 mass%Ni based austenitic model alloy. These alloys were subjected to deformation in torsion and plane strain compression (PSC), respectively, at temperatures of 900°C and 950°C and strain rates of 0.7s_-1 and 10s_-1, respectively. Transmission electron microscopy and electron backscatter diffraction in conjunction with scanning electron microscopy were employed in the investigation. It has been observed that shear bands already started to form at moderate strains in a matrix of pre-existing microbands and were composed of fine, slightly elongated subgrains (fragments). These bands propagated along a similar macroscopic path and the subgrains, present within their substructure, were rotated relative to the surrounding matrix about axes approximately parallel to the sample radial and transverse directions for deformation in torsion and PSC, respectively. The subgrain boundaries were largely observed to be non-crystallographic, suggesting that the subgrains generally formed via multiple slip processes. Shear bands appeared to form through a co-operative nucleation of originally isolated subgrains that gradually interconnected with the others to form long, thin bands that subsequently thickened via the formation of new subgrains. The observed small dimensions of the subgrains present within shear bands and their large misorientations clearly indicate that these subgrains can serve as potent nucleation sites for the formation of ultrafine grain structures during both subsequent recrystallisation, as observed during the present PSC experiments, and phase transformation.

Lawyers and ethics in practice : the impact of clinical and ethics curricula on lawyers’ ethical decision-making

The authors have conducted a longitudinal study exploring the relationships between values and ethical behaviour for early-career legal practitioners. The study comprised a representative Australian cohort of final-year law students and tracked them through their first two years of employment or further study. It examined changes to ethical decision-making by presenting participants with hypothetical scenarios that provided ethical dilemmas. A questionnaire utilising hypothetical situations was presented in 11 scenarios. This chapter examines responses to the scenarios across the three years of the study, particularly exploring changes over time. Of particular interest were the effects of gender and prior ethics education on changing responses. Findings suggested significant differences between males and females in their ethical responses. They also suggested that involvement in clinical practice, in particular during the law degree, may have a positive impact on future willingness to assist access to justice (insofar as such lawyers were more inclined to participate in later pro bono activity).

Voices in the human rights dialogue : the individual victim and the Australian Human Rights Commission

Framework for human rights protection in Australia - report of the National Human Rights Consultation Committee - the role of resolution of human rights complaints in the enforcement of human rights - use of alternative dispute resolution (ADR) - current role of the Australian Human Rights Commission (AHRC) - future role as an advocator and crusader for victims of human rights abuses - need for recognition and protection of the special status of the AHRC.

Equal opportunity : dealing with employment discrimination

Experiences with the process of lodging a discrimination complaint with the Australian Human Rights Commission - issues surrounding confidentiality clauses in dispute settlement agreements.

A critical analysis of techniques for risk mitigation in the construction industry

Risks exist in every form of construction project. The risks associated with construction projects are often diverse and varied and the management of these risks is nowadays considered compulsory in order to achieve project success. This paper analyses the diverse strategies of risk mitigation that have been employed in construction projects. These strategies are classified into analysed categories of procurement strategies. contingency and co-operative approach along with the utilisation of a designated risk manager. The analysis showed that in order to improve risk mitigation within the construction industry, there is a requirement tor an industry based standard. This standard will improve the efficiency and effectiveness of the risk mitigation response technique to risk management.

Coproduction in practice : participatory action research to develop a model of community aged care

Coproduction has become synonymous with innovative approaches to public service delivery in European Union countries as well as in Australia. Coproduction has the potential to bring together individuals, communities, and organisations in a process to collaboratively develop new models and services which improve public services. Yet, Australian policy makers and practitioners who would like to deploy coproduction within the context of older adult social care can only draw on a handful of papers and reports that could guide implementation. This paper fills this gap by reporting on the implementation of a multi-stakeholder coproduction approach to the development of a consumer directed care model for older people with complex health issues. The paper describes and critically highlights methodological challenges encountered during the 12 month-long participatory action research phase of a larger project involving older people with complex care needs, their carers, and government and non-government stakeholders. The paper outlines key considerations regarding (1) the involvement of older people with complex needs, (2) collaboration with industry partners, (3) engagement of government representatives, and (4) reflects on implementing participatory research projects within a context of outsourcing and interlinked supply chains. While not all challenges encountered could be resolved, the coproduction approach was successful in bringing together a wide range of stakeholders with competing agendas in an iterative process geared to resolve a plethora of concerns raised by older people, carers and services providers. This paper provides an example for others seeking to use coproduction and participatory methods to provide person-centred care services for older people.

The honeymoon killer : plea bargaining and intimate femicide : a response to Watson

In October 2003, US citizen Christina Thomas died while scuba diving on Queensland’s Great Barrier Reef. Following over five years of delays, her husband David Watson accepted a plea bargain to which he pleaded guilty to manslaughter on the basis of criminal negligence. Watson was initially sentenced to four and a half years imprisonment, suspended after 12 months, however this was later increased on appeal to suspension after 18 months. Using Watson as a framework for analysis, this article examines some of the limitations of an inefficient justice system, with a particular focus on the private nature of the plea bargaining process, and the potentially favourable representations and sentencing of men who kill a female intimate partner. The authors argue that the need to respond to court inefficiency and under-resourcing in the criminal courts creates pressures that can result in a desire for increased efficiency being prioritised above other justice concerns, and this allows for existing flaws within the operation of the criminal justice system to be exacerbated, and excused.