A Rational Approach To Sentencing White- Collar Offenders in Australia

There are no overarching (and few settled) principles governing the sentencing of white-collar offenders. This is especially the situation in relation to the relevance of public opprobrium to the sentencing calculus and the manner in which employment deprivations stemming from the penalty impact on the sentence. To the extent that there is general convergence in the approach to sentencing white-collar offenders, the approach is often not sound. This is the case in relation to the minor sentencing discount accorded for previous good character, and the prevailing orthodoxy which assumes that offences targeted at major institutions, such as banks, meaningfully impair community confidence in such institutions. Fundamental reform of the manner in which white-collar offenders are sentenced is necessary in order to make this area of law more coherent and doctrinally sound. These reforms include providing a significant and pre-determined discount for restitution, reducing the weight given to general deterrence in the sentencing calculus, and providing a greater discount for previous good character and employment deprivations suffered as a direct result of the sentence. Further, crimes against individuals should be regarded as being more serious than those committed against large corporations or the public revenue. The article focuses on the existing law in Australia, however, the reform proposals and doctrinal analysis could be applied to all jurisdictions.

The behavioural and demographic contexts of white bread consumption

The aim of this study was to examine the demographic, health habits and personal values associations of white bread use. A total of 474 randomly selected consumers completed a questionnaire about bread consumption, health habits and personal values. The findings showed that compared with non-consumers white bread users were younger, less educated, more likely to have children and to be smokers. They were less likely to follow vegetarian, low fat or special diets or use alternative therapies. Non-consumers were more likely to hold pro-nature universalistic values. This suggests that the use of this staple food is associated with demographic, behavioural and ideological domains. Their causal inter-relationships require further investigation.

Who is `us`? Students negotiating discourses of racism and national identification in Australia

This article explores the political beliefs and the forms of reasoning about racism, national identity and Other developed by young Australian women and men from different ethnic and class backgrounds. The interviews on which the discussion is based are drawn from a larger longitudinal study of Australian secondary school students which examines how young people develop their sense of self and social values over time. The present article has two overall purposes: to add to understandings of how the cultural logic of racism functions in one national setting, and to consider political reasoning about race and ethnicity in relation to processes of young people's identity positioning. Three main lines of argument are developed. The first concerns students' positioning of themselves vis-a `-vis the current 'race debate' in Australia, and in relation to us as researchers, including their negotiation of the protocols for speaking about 'race' and racism. This includes consider ation of the methodological and political effects of white Anglo women asking questions about racism and ethnicity to ethnic minority students who are routinely constituted as 'Other': what blindnesses and silences continue to operate when posing questions about racism directly? A second and related focus is the range of emotional responses evoked by asking questions about racism and about an Australian politician (Pauline Hanson), who has been prominent in race debates. Third, the authors examine young people's construction of 'us and them' binaries and hierarchies of Otherness and whiteness. They argue throughout that reasoning about race, national identity and Others, and the taking up of 'political positions', is intimately linked to identity formation and to how we imagine ourselves in the present, the past and the future.

Birds of remnant vegetation on the Mornington Peninsula, Victoria, Australia: the role of interiors, edges and roadsides

Habitat loss and fragmentation on the Mornington Peninsula, Victoria, Australia, has resulted in a mosaic of forest patches, forest edges abutted by agricultural land and linear habitat strips amidst a human-modified land matrix. To examine the use of forest elements by the avifauna in this landscape, bird populations were sampled along fixed transects established within forest interiors, on forest edges and along forested roadsides. A total of 60 species was recorded during this study, five of which were introduced. Species richness and diversity did not differ significantly between the three habitat elements, but avifaunal composition varied considerably. The species assemblages of all habitat elements differed significantly, with forest interiors and roadsides showing the greatest difference and forest interiors and forest edges showing the least degree of difference. Forest-dependent bird species used both interiors and edges. Interiors differed from edges and roadsides in having lower abundances of open country species, predatory species and introduced species. A clear gradient of change in bird communities from forest interiors to roadside vegetation was observed. This study suggests that the interiors of medium-sized (<1 000 ha) patches may play an important role in conserving bird biodiversity on a local level as they provide refuge for forest-dependent native species in extensively cleared landscapes.

The diet of powerful owls (Ninox strenua) and prey availability in a continuum of habitats from disturbed urban fringe to protected forest environments in south-eastern Australia

This study investigates the diet of six breeding pairs of powerful owls in the Yarra Valley Corridor in Victoria, Australia, and compares prey consumption with prey availability. The six sites represent a continuum of habitats, ranging from urban Melbourne, through the urban fringe interface to a more forested landscape. We found that powerful owls in the Yarra Valley Corridor are reliant almost exclusively on arboreal marsupial prey as their preferred diet, with 99% of their overall diet comprising four arboreal marsupial species. These four species (the common ringtail possum, common brushtail possum, sugar glider and greater glider) were also the most abundant species observed while spotlighting; however, their abundance varied along the continuum. There was a strong positive relationship with the presence of these species in the diet and their site-specific availability, indicating that the powerful owl is a generalist hunter, preying on the most available prey at a given site and in a given season. This study suggests that food resources are high in these disturbed urban fringe sites and it is unlikely that food availability in urban environments will limit the potential survival of urban powerful owls.

An almost universal scheme of national service in Australia in the 1950s

While the Australian Government partly justified the introduction of a universal National Service Training Scheme for eighteen-year old males in 1951 by highlighting the threat of imminent war and the consequent need for military preparedness, advocates also believed that national service encouraged the development of a sense of civil responsibility. Its confidence in the potential of national service to promote citizenship explains why the government was so strongly committed to the scheme's universality. Nonetheless, although the government went to great lengths to enforce compliance, Aborigines and those from other "non-white" backgrounds were actively discouraged from participation and women were only reluctantly admitted to the professional army. As would be expected in this period, they were never considered for national service. An examination of the rationale for national service and the associated discourse for inclusion and exclusion not only indicates the social assumptions shaping policy-making by government and bureaucratic elites in 1950s Australia, but also reveals their wider social aspirations.

Knowledge, attitudes and self-care practices related to sun protection among secondary students in Australia

The aim of this research was to ascertain changes in sun-related knowledge, attitudes and self-care practices among Australian secondary school students between 1993 and 1996. Two cross-sectional surveys of sun-related attitudes, beliefs and behavior of young people aged 12–17 years of age, were conducted in 1993 and 1996. Over 80% of adolescents at both time periods knew about the issues related to skin cancer prevention, frequency of burning and burning on cloudy days. Adolescent attitudes had shifted positively in the areas of staying inside in 1996 [relative risk (RR): 1.13; 95% confidence interval (CI): 1.09–1.17] and staying under shade in 1996 (RR: 1.16; 95% CI: 1.13–1.18). Desire for a moderate or dark tan was lower in 1996 (45%) than in 1993 (50%). Respondents reported that they were less likely to wear brief clothing to get a suntan in 1996 (RR: 0.81; 95% CI: 0.78–0.84) and were significantly more likely to stay in the shade in 1996 (RR: 1.19; 95% CI: 1.16–1.23). We conclude that there has been a shift in attitudes towards use of shade and avoidance of unnecessary exposure, and away from use of sunscreens and sunglasses. The results suggest that adolescents may be more ready to accept structural changes that move desired activities out of the sun.

Access to breast prostheses via a government-funded service in Victoria, Australia

For many women, the only alternative to breast reconstruction following a mastectomy is to use external prostheses, which need replacing regularly at a cost of up to $395 per prosthesis. Commonwealth and state governments across Australia have responded to this need by providing subsidies to assist in the purchase of breast prostheses. However, current arrangements have been highly variable and sometimes difficult to access. As part of a larger review of breast pros-thesis services in Victoria, Australia, the aim of this research was to evaluate client satisfaction among Victorian women who accessed funds through the State Government's Aids and Equipment Program, compare the responses of the program service providers with the experiences of clients accessing funding, and identify opportunities to improve service provision.

Ivy Brookes presenting the Alfred Deakin papers to the National Library of Australia

Alfred Deakin's daughters seated in the foreground from left to right: Lady Vera White, Lady Stella Rivett and Ivy Brookes; Professor J. La Nauze (Deakin's biographer) is the standing gentleman, second from the left; the Hon. Robert G. Menzies is standing on the far right next to the desk

Enforcement of arbitral awards where the seat of the arbitration is Australia, how the Eisenwerk decision might still be a sleeping assassin

This article examines the enforcement of foreign awards in Australia. It identifies and explains the difference between a “foreign award” and “international arbitration award,” observing it is a somewhat surprising but potentially significant distinction. The article then moves to consider the consequences of the distinction with particular reference to the Australian arbitral landscape. Australia has dual arbitration regimes operating at the state and federal level. Particular attention is given to the still controversial Queensland Supreme Court of Appeal decision in Australian Granites Ltd. v. Eisenwerk Hensel Bayreyth Dipl-Ing Burkhardt GmbH. The article concludes by promoting a line of interpretation that will effectively allow subsequent courts to avoid the potentially disastrous effects the Eisenwerk decision may yet still wreak.

Transglobalism of self-exiled Hindus: the case of Australia

Hindu diaspora is now a global phenomenon, from the early immigrant experience as coolie labourers through the transnational movement of professional Hindus/Indians to many corners of the globe. In this paper, I intend to contextualize Hindu diaspora experience in Australia in the broader theoretical thinking on transnational migration, globalization and heterogeneity. One concern is to understand how distinctive is the religious diaspora experience of Hindus in Australia from those of the international South Asia diaspora. Much literature on South Asians in the West neglect religion, while recent studies disclose the considerable prominence of religion in various communities, especially in comparison with the secularizing tendencies typical of many white societies.