Obesity prevention : the role of policies, laws and regulations

The commercial drivers of the obesity epidemic are so influential that obesity can be considered a robust sign of commercial success – consumers are buying more food, more cars and more energy-saving machines. It is unlikely that these powerful economic forces will change sufficiently in response to consumer desires to eat less and move more or corporate desires to be more socially responsible. When the free market creates substantial population detriments and health inequalities, government policies are needed to change the ground rules in favour of population benefits.
Concerted action is needed from governments in four broad areas: provide leadership to set the agenda and show the way; advocate for a multi-sector response and establish the mechanisms for all sectors to engage and enhance action; develop and implement policies (including laws and regulations) to create healthier food and activity environments, and; secure increased and continued funding to reduce obesogenic environments and promote healthy eating and physical activity.
Policies, laws and regulations are often needed to drive the environmental and social changes that, eventually, will have a sustainable impact on reducing obesity. An 'obesity impact assessment' on legislation such as public liability, urban planning, transport, food safety, agriculture, and trade may identify 'rules' which contribute to obesogenic environments. In other areas, such as marketing to children, school food, and taxes/levies, there may be opportunities for regulations to actively support obesity prevention. Legislation in other areas such as to reduce climate change may also contribute to obesity prevention ('stealth interventions'). A political willingness to use policy instruments to drive change will probably be an early hallmark of successful obesity prevention.

Fear and loathing in public policy : ethical issues in laws for sex offenders

Laws intended to increase protection from sex offenders are often prompted by sensational crimes that provoke public outrage. As public policy, questions have been raised about the legality and effectiveness of these legislative initiatives as enacted in North America, Australasia and the UK since the early 1990s. Mental health professionals involved in the implementation of these laws are faced with ethical concerns that distinguish this area of forensic practice from other clinical roles. This article presents a brief description of the impetus for specific laws allowing for involuntary civil commitment, extended supervision and community notification of sex offenders in different jurisdictions. A model of human rights is then used to consider the ways in which these laws threaten the rights of offenders, and provides a framework for identifying ethical concerns inherent in professional practice in this area.

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.

The evidentiary strategies of Two Laws

This article examines the ways in which the documentary film Two Laws deploys a variety of strategies to represent the historical claim to land made in the early 1980s by the Borroloola people of Australia's Northern Territory. Cross-cultural collaboration between the indigenous people of Borroloola and two non-indigenous film-makers produced a film that combines a vigorous reflexivity with dramatic re-enactment and oral testimony. Importantly, the presentation of evidence in support of the land claim is achieved via a form communally devised by the Borroloola people based on their cultural needs and contingent on Borroloola social structure. In this way the so-called documentary truth claim and indigenous land claim intersect in Two Laws: for the Borroloola people, the filmic evidentiary truth claim functions in a direct way in support of their legal claim to their lands.

Drawing lines in the sea : the laws that govern traffic on the world’s oceans can be as difficult to shape as water

Since World War II, however, the term has increasingly referred to law enforcement operations, as a means to enforce trade sanctions, to prevent the movement of weapons of mass destruction (WMDs), and particularly in the Caribbean Sea, to prevent the smuggling of illicit drugs. Such ambiguity should allow flexibility when deciding whom should be targeted, as well as allowing states with veto powers in the UN Security Council, which may legitimately ship nuclear weapons and materials, to avoid being targeted as long as they do not export WMDs to rogue states or non-state groups or individuals.2 The ISPS Code was created under the auspices of the International Maritime Organization (IMO) and is part of the 1974 Safety of Life at Sea Convention (SOLAS) concerning the safety of merchant ships.

Robert Boyle's theory of nature, with reference to his understanding of natural laws

Argues that the theory of nature-cum-theology and the view of of natural laws of the 17th century natural philosopher, Robert Boyle, were more complex and eclectic than is usually believed. Support is given for construing Boyle as a more complex thinker than previous scholars have suggested.

An examination of Australia's insider trading laws

Considers that the effective regulation of insider trading is desirable in order to maintain investor confidence in Australia's share markets. Although the current laws and the use of continuous disclosure provide a workable foundation, the thesis further considers the ways in which insider trading may be more effectively regulated and prosecuted in Australia.

Experiences of the stolen generation : laws and inequalities

Examines the inequalities of the Aboriginal Australian and politics, government, history, legal status and the effects of Aboriginal institutions in Western Australia. The researcher found that the destruction and disappearance of documents, files and records greatly impacted the thesis.

Risk assessment with female sex offenders : can women meet the criteria of community protection laws?

Although females represent a small proportion of the sex offender population, they occasionally appear before the courts under the current generation of laws intended to protect the public from high-risk sex offenders. In this context, practitioners are called upon to provide assessment of the risk these women pose for sexual re-offending. The primary issues addressed in this paper are related to the validity of conducting such risk assessments and providing professional opinions as to the risk of further sexual offences that may be committed by female offenders. The approach taken is to summarize briefly the available professional literature regarding female sex offenders, and then to present the findings of the relatively few empirical studies that address sexual recidivism in females. The final section examines the positions taken in the published works of various international experts regarding risk assessment with females, followed by conclusions and recommendations in light of the standards typically prescribed by community protection laws.

Remedies in equity : the laws of Australia

A clear and simple overview of key remedies in equity. Extensive case examples and factual discussion complement a thorough examination of established principles. This includes coverage of the latest judicial decisions and any statutory modification of the remedies in equity. Wright, University of Adelaide; Hepburn, Deakin University.

Operation of guardianship laws in the emergency ward

Enduring and workable legislative schemes typically include (a) a balanced approach to the rights and duties of all parties under their purview; and (b) consideration of all major consequences that may flow from the codification of underpinning doctrines. This column examines the 1999 amendments to the Guardianship and Administration Act 1986 (Vic) regulating patients’ consent to medical treatment focusing on their application in modern emergency departments. The legislation needs to reconcile the human rights principle that humane and appropriate treatment is a fundamental right of all those who suffer from ill health and disease, with the principle that all patients (including those with impaired, but not totally absent, decisional capacity) have an absolute right to refuse life-saving treatment. Consent and refusal of treatment provisions should be based on the notion of reasonableness, including recognition that the mental and emotional states experienced by physically ill people may, in the short term, adversely affect their decision-making capacity. Unless the consent legislation factors in the realities of modern emergency practice and resources, statutory thresholds for decisional competence, instead of affording protection, may result in much worse outcomes for vulnerable patients.