Hollow avowals of human rights protection-time for an Australian federal bill of rights?

Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed - a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional protection.

Investigating 'indecent, obscene or pornographic' art : lessons from the Bill Henson controversy

This article considers the manner in which police in Australia investigate art that is putatively indecent, obscene or pornographic. It does so by examining the recent Bill Henson controversy and other similar instances where art and the criminal law have collided. This analysis will demonstrate that under Australian law there is little or no chance of a successful criminal prosecution for obscenity, indecency or pornography. Consequently, it is argued that police investigative procedures must take account of this legal reality. To this end a reform proposal is offered: upon receiving a complaint of this nature, police must — as a matter of internal procedure or law — immediately refer the impugned artwork to the Classification Board for a classification decision before they commence a formal investigation.

Personal property securities (draft ) bill 2008 - problems and why it will not work

Attempts are under way to condense more than 70 pieces of federal, state and territory legislation on personal property securities (PPS) into a single Federal Act. The revised second draft of the PPS Bill 2008 was released in November calling for further public comments by December 2008. The aim of this article is to highlight some of the important instances where further intensive drafting is needed. It draws out some key issues that have not been addressed that may assist in further revising the bill. Overall, the author firmly believes that the bill is far from perfect, that much work is still needed to improve clarity and readability and to minimise any uncertainty in the use of certain terms that are repetitive and obsolete. The article concludes with some useful references that Australia could perhaps learn from the problems currently experienced in New Zealand under its own PPS Act.

In the tracks of Blinky Bill : How Sam the koala led news journalists into an Australian literary tradition

The world was captivated when footage of a badly burnt koala taking water from a Victorian Country Fire Authority volunteer was taken with a mobile phone and broadcast to the world on YouTube in February 2009. When the story of ‘Sam the Koala’ was subsequently adopted by traditional broadcast and print media, recombinant themes were used to construct her story – from heroism, patriotism, villain v victim - even romance was incorporated to entertain and create audience appeal. This paper explores how ‘Sam the Koala’ became a defining news story in the coverage of Victoria’s Black Saturday bushfires and examines the power of narrative when cross pollination occurs between new and traditional media in the production of news. It is argued that Sam’s story is evidence of journalists adopting new approaches to storytelling in a bid to retain their legitimacy as the authoritative voice of news and information in an increasingly technologically driven society.

'Build it, fill it and bill it' : how work in the public housing sector has changed (and stayed the same)

This paper is an ethnographic account of how 'wicked' (i.e. entrenched and enduring) problems with the 'building, filling and billing' of public housing have shaped and influenced the work of public housing workers in Victoria, Australia. With a few exceptions, the front line work of housing staff is represented in the literature as smaller, constituent parts of some larger policy process, organisational event or procedural reform. In order to understand how housing work has been constructed over time, this paper attempts to consolidate these fragmented narratives (contained in old documents, training manuals, news articles and reports) into an historical account of 'what it was like' to work in the public/social housing sector. In this paper, I will construct this 'historical account' with the stories I gathered over twelve months of field work in three different public housing offices. In their stories, public housing workers tell me how subtle and incremental has been the change to their work, how increasingly complex are the needs of tenants and how dfficult their work has become. Their stories illustrate the complexity of undersdanding and addressing these 'wicked' housing problems when tenants change, staff change and
the public housing sector has a history of frequent 'restructuring'. This contextualisation of 'old and new stories' will allow the reader to understand how the organisational reality of present day housing work has been socially constructed ('sedimented') by generation, of workers, managers and tenants.

Geographical variation in bill size across bird species provides evidence for Allen's rule

Allen’s rule proposes that the appendages of endotherms are smaller, relative to body size, in colder climates, in order to reduce heat loss. Empirical support for Allen’s rule is mainly derived from occasional reports of geographical clines in extremity size of individual species. Interspecific evidence is restricted to two studies of leg proportions in seabirds and shorebirds. We used phylogenetic comparative analyses of 214 bird species to examine whether bird bills, significant sites of heat exchange, conform to Allen’s rule. The species comprised eight diverse taxonomic groups—toucans, African barbets, Australian parrots, estrildid finches, Canadian galliforms, penguins, gulls, and terns. Across all species, there were strongly significant relationships between bill length and both latitude and environmental temperature, with species in colder climates having significantly shorter bills. Patterns supporting Allen’s rule in relation to latitudinal or altitudinal distribution held within all groups except the finches. Evidence for a direct association with temperature was found within four groups (parrots, galliforms, penguins, and gulls). Support for Allen’s rule in leg elements was weaker, suggesting that bird bills may be more susceptible to thermoregulatory constraints generally. Our results provide the strongest comparative support yet published for Allen’s rule and demonstrate that thermoregulation has been an important factor in shaping the evolution of bird bills.