Migration and refugee law : principles and practice in Australia

Provides an overview of the legal principles governing the entry of people into Australia, and analyses the policy and moral considerations underpinning this area of law - particularly in relation to refugee law, one of the most divisive social issues of our time. Suggests proposals for change.

The vacuousness of rights in the euthanasia debate

It has been claimed that the arguments for and against euthanasia have not changed in the last 120 years. Throughout this period, two rights claims have been thought to be central to the debate. The right to autonomy is invoked by many euthanasists as the main argument in support of euthanasia. This is often countered by the claim that euthanasia violates the right to life. This article argues that the relevance of these rights claims to the euthanasia debate has been overstated. More generally, it is argued that the bluntness of the rights claims in the context of the euthanasia debate is illustrative of the fact that the concept of rights is an unsuitable device for resolving moral disputes which involve conflicting rights.

Opting out of shareholder governance rights: a new perspective on contractual freedom in Australian corporate law

One of the classic debates in corporate law relates to whether the rules of corporate law are ar should be 'mandatory', in that companies must comply, or 'enabling' - meaning a set of default rules which companies have the choice of adopting or 'opting out' of through alternative contractual arrangements. The so-called 'mandatory/enabling' debate has been especially prominent in the United States fro numerous reasons, yet has also received some attention in Australia. That said, the extent to which companies can 'opt out' of corporate law has rarely been considered as a practical issue in Australia - particularly whether Australian companies can 'opt out' of provisions under the Corporations Act ("the Act"). However, just recently, two high-profile events in Australia have made 'opting out' of corporate law a relevant issue, especially the question of whether companies are free to 'opt out' of provisions of the Corporations Act  which provide express governance rights to shareholders. These events were Boral's constitutional amendment in 2003 to restrict the ability of shreholders to propose amendments to the company's constitution, and the contemplation and introduction of so-called 'pre-nuptial' agreements- designed to by-pass the right of shreholders to vote on removing directors in public companies. In the light of these two recent events, in this article the authors revisit the mandatory/enabling debate. However, rather than going over old ground as to whether a mandatory or enabling approach to corporate regulation is desirable, the authors approach the issue from a fresh perspective: that Australian Securitiesand Investments Commission's ("ASIC") existing relief powers under the Act should be extended to provide a means for companies to opt out of provisions containing shareholder governance rights.

Competition and unitization in oil extraction : a tale of two tragedies

This paper compares two organizational modes for extracting oil from a common pool: unitization and competitive extraction. The analysis suggests that the general presumption that unitization is surplus enhancing relative to competitive extraction may not always be valid due to contractual incompleteness associated with unitization contracts. While competitive extraction suffers from the tragedy of the commons, unitization can be subject to the dual tragedy of the anticommons. This provides an explanation for the puzzle confronting the oil industry that firms are often reluctant to voluntarily enter unitization agreements.

Ultraviolet cues affect the foraging behaviour of blue tits

The function of avian ultraviolet (UV) vision is only just beginning to be understood. One plausible hypothesis is that UV vision enhances the foraging ability of birds. To test this, we carried out behavioural experiments using wild-caught blue tits foraging for cabbage moth and winter moth caterpillars on natural and artificial backgrounds. The light environment in our experiments was manipulated using either UV-blocking or UV-transmitting filters. We found that the blue tits tended to find the first prey item (out of four) more quickly when UV cues were present. This suggests that UV vision offers benefits to birds when searching for cryptic prey despite the prey and backgrounds reflecting relatively little UV Although there was no direct effect of UV on the time taken to find all four prey items in a trial, search performance in the absence of UV wavelengths tended to increase over the course of an experiment. This may reflect changes in the search tactics of the birds. To our knowledge, these are the first data to suggest that birds use UV cues to detect cryptic insect prey and have implications for our understanding of protective coloration.

After hours schools as core to the spatial politics of in-betweeness

In this article the authors draw on a larger study in which their overall concern is to illustrate how diasporic identifications develop through a range of scales related to self, family, community, nation and beyond. They consider the Melbourne Greek community as an exemplar of diasporic experience and use it as a case study for their investigation, which is aimed at exploring how transcultural literacies relate to spaces which complicate and enrich identifications. In this article they consider the role of 'after hours' schools in the shaping of diasporic identities. These are community-based schools where Greek language and culture is taught. Commonly, classes are held on Saturday morning or in the evenings during the week. Such schools operate in classrooms that are rented from 'real' schools. By existing in spaces that are commonly occupied by mainstream day schools, students who attend 'after hours' schools experience a form of marginalisation that is also a right of passage. Here the authors argue that such 'in-between' spaces assist with the formation of 'in-between' identities that are emblematic of globalization.

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.

Comparison of automated candidate gene prediction systems using genes implicated in type 2 diabetes by genome-wide association studies

Background
Automated candidate gene prediction systems allow geneticists to hone in on disease genes more rapidly by identifying the most probable candidate genes linked to the disease phenotypes under investigation. Here we assessed the ability of eight different candidate gene prediction systems to predict disease genes in intervals previously associated with type 2 diabetes by benchmarking their performance against genes implicated by recent genome-wide association studies.

Results
Using a search space of 9556 genes, all but one of the systems pruned the genome in favour of genes associated with moderate to highly significant SNPs. Of the 11 genes associated with highly significant SNPs identified by the genome-wide association studies, eight were flagged as likely candidates by at least one of the prediction systems. A list of candidates produced by a previous consensus approach did not match any of the genes implicated by 706 moderate to highly significant SNPs flagged by the genome-wide association studies. We prioritized genes associated with medium significance SNPs.

Conclusion
The study appraises the relative success of several candidate gene prediction systems against independent genetic data. Even when confronted with challengingly large intervals, the candidate gene prediction systems can successfully select likely disease genes. Furthermore, they can be used to filter statistically less-well-supported genetic data to select more likely candidates. We suggest consensus approaches fail because they penalize novel predictions made from independent underlying databases. To realize their full potential further work needs to be done on prioritization and annotation of genes.

Integration of supervised ART-based neural networks with a hybrid genetic algorithm

In this paper, two evolutionary artificial neural network (EANN) models that are based on integration of two supervised adaptive resonance theory (ART)-based artificial neural networks with a hybrid genetic algorithm (HGA) are proposed. The search process of the proposed EANN models is guided by a knowledge base established by ART with respect to the training data samples. The EANN models explore the search space for “coarse” solutions, and such solutions are then refined using the local search process of the HGA. The performances of the proposed EANN models are evaluated and compared with those from other classifiers using more than ten benchmark data sets. The applicability of the EANN models to a real medical classification task is also demonstrated. The results from the experimental studies demonstrate the effectiveness and usefulness of the proposed EANN models in undertaking pattern classification problems.

A serverless ultra-lightweight secure search protocol for EPC Class-1 Gen-2 UHF RFID tags

Radio Frequency Identification (RFID) is a technology that enables the non-contact, automatic and unique identification of objects using radio waves. Its use for commercial applications has recently become attractive with RFID technology seen as the replacement for the optical barcode system that is currently in widespread use. RFID has many advantages over the traditional barcode and these advantages have the potential to significantly increase the efficiency of decentralised business environments such as logistics and supply chain management. One of the important features of an RFID system is its ability to search for a particular tag among a group of tags. In order to ensure the privacy and security of the tags, the search has to be conducted in a secure fashion. To our knowledge not much work has been done in this secure search area of RFID. The limited work that has been done does not comply with the EPC Class-1 Gen-2 standards since most of them use expensive hash operations or sophisticated encryption schemes that cannot be implemented on low-cost passive tags that are highly resource constrained. Our work aims to fill this gap by proposing a serverless ultra-lightweight secure search protocol that does not use the expensive hash functions or any complex encryption schemes but achieves compliance with EPC Class-1 Gen-2 standards while meeting the required security requirements. Our protocol is based on XOR encryption and random numbers - operations that are easily implemented on low-cost RFID tags. Our protocol also provides additional protection using a blind-factor to prevent tracking attacks. Since our protocol is EPC Class-1 Gen-2 compliant it makes it possible to implement it on low-cost passive RFID tags.

A secure search protocol based on Quadratic Residues for EPC Class-1 Gen-2 UHF RFID tags

Radio Frequency Identification (RFID) is a technological revolution that is expected to soon replace barcode systems. One of the important features of an RFID system is its ability to search for a particular tag among a group of tags. This task is quite common where RFID systems play a vital role. To our knowledge not much work has been done in this secure search area of RFID. Also, most of the existing work do not comply with the C1G2 standards. Our work aims to fill that gap by proposing a protocol based on Quadratic Residues property that does not use the expensive hash functions or any complex encryption schemes but achieves total compliance with industry standards while meeting the security requirements.

The nature and scope of rights of removal

The rationale underlying the fixtures and accession presumptions is the need to protect the value of the chattel as well as the need to protect third-party interests. The destruction of the independent legal status of an attached chattel is generally deemed appropriate where the value of the co-mingled asset will be diminished if the chattel retains a separate legal title and this would generate unfairness because third parties have dealt with the co-mingled asset on the basis of its overall value. Rights to remove have evolved under both common law and equity to moderate the scope of these presumptions. Common law will uphold the right of a tenant to remove chattels that have been attached to leased premises during the currency of the lease. Equity on the other hand will uphold the right to remove affixed chattels in circumstances where the enforcement of such an entitlement is consistent with contractual intention and transactional fairness. This article examines the different rights of removal that have evolved under Australian law to date and the emergent statutory framework supporting these rights. It discusses the historical purpose and structural utility of these entitlements within a land framework that supports fixtures presumptions. Rights of removal, whether validated at law or in equity, confer positive entitlements upon the holder to access and remove affixed goods in circumstances where, because of the fixtures and accession presumptions, those goods no longer retain any separate legal status. The capacity of the holder to enforce this right against third parties is illustrative of their distinctive proprietary perspective.

Effectiveness of interventions for convicted DUI offenders in reducing recidivism: a systematic review of the peer-reviewed scientific literature

Abstract Background: Driving under the influence (DUI) is a major cause of death and disability. Although a broad array of programs designed to curb DUI incidents are currently offered to both first-time and recidivist DUI offenders, existing evaluations of the effectiveness of these programs have reported mixed results. Objective: To synthesize the results of DUI program evaluations and determine the strength of the available evidence for reducing recidivism for different types of programs. Methods: A systematic review of all EBSCO databases, EMBASE, PubMed, ProQuest, Sociological Abstracts and TRIS was conducted to identify evaluations of treatments/interventions to prevent DUI offenses. Additional articles were identified from reference lists of relevant articles. Results: A total of 42 relevant studies were identified by the search strategy. Of these, 33 utilized non-experimental evaluation designs or reported insufficient data to allow effect sizes to be calculated, making meta-analysis unfeasible. Evaluations of several different program types reported evidence of some level of effectiveness. Conclusion: Because of the general lack of high quality evidence assessing the effectiveness of DUI prevention programs, it is not possible to make conclusive statements about the types of programs that are likely to be most effective. Nonetheless, there was some evidence to support the effectiveness of programs that utilize intensive supervision and education. There is a need for future evaluations to adopt more scientifically rigorous research designs to establish the effects of these programs.

Freedom of choice of occupation and academic freedom in Hong Kong

This chapter discusses two unrelated topics which are successively provided for in the Basic Law of the Hong Kong Administrative Region (HKSAR). These are the right of Hong Kong residents to a freedom of choice of occupations (art..33) and the right to academic freedom of Hong Kong's academic institutions and by implication of their academics (art.34). The first section of this chapter will focus on art.33, while the second section will focus on art.34.

Taking statutory adjudication to the next level: a proposal for review mechanism of erroneous determinations

Statutory adjudication was introduced in the security of payment legislation to quickly and fairly resolve payment disputes in the construction industry. One of the interesting features in some legislation is the availability of an express limited right of aggrieved parties to apply for review against erroneous adjudication decisions. In Singapore, the legislation has no equivalent elsewhere in that it provides for a full review mechanism of erroneous determinations considering the fact that adjudicators often have to grapple with complex issues as sheer volume of documents within a very tight timeframe. This paper discusses the various review mechanisms of erroneous adjudication determinations then asks the question as to whether an appropriately devised legislative review mechanism on the merits, should be an essential characteristic of any effective statutory adjudication scheme. The paper concludes by making the case that an appropriately designed review mechanism as proposed in the paper could be the most pragmatic and effective measure to improve the quality of adjudication outcome and increase the disputants' confidence in statutory adjudication. This paper is based upon a paper by the author which received a High Commendation in the Student Division of the Society of Construction Law Australia Brooking Prize for 2016.