Court delays and the defendant behaviour: an economic analysis

Court delays are consistently criticised as being inimical to social welfare. However, the theoretical basis for this assertion is not well established in the law and economics literature. As a first step, very little is known about the impact of court delay on the defendant's optimal plea decision. If the defendant is rational in the sense of inter temporally optimising, court delay may increase or decrease the probability of a trial depending on the defendant's bail status. Some empirical support for this theoretical proposition is found using data on plea behaviour for a selection of cases heard in NSW Australia.

Employer matters in 2003

The year 2003 was characterised by employer proactivism, and a preparedness to pursue new legal manoeuvres to prevent or terminate protected industrial action. A number of employers also resorted to lengthy lockouts (with few positive results) as bargaining tactics in enterprise negotiations. It was the year employers in the manufacturing and metals sector saw off the unions’ ‘Campaign 2003’, giving little ground on the key issues of reduced hours and contributions to trust funds for worker entitlements. The year was a joyous one for employers in the building and construction industry, as their dreams of a shackled and weakened union movement came a step closer to being realised, with the introduction of draconian industry-specific legislation by the Howard Government, arising from the recommendations of the Cole Royal Commission. On a positive note, the year also witnessed all the members of the ‘industrial relations club’ embrace and declare a common concern for work and family balance issues.

Few choices under work choices

This paper sets out the history of the philosophical understanding held by the major political parties towards the governance of the Australian industrial relations system. In so doing it notes there has been a long legacy of socialist and conservative political and ideological support for mediating industrial conflict through the institutional agencies provided by conciliation and arbitration tribunals. The discussion notes the erosion of this legacy under the recent ascendancy of neo-liberal political and neo-classical economic thought, an ascendancy that has seen a significant retreat of state responsibility for mediating relations between the two sides of industry in the name of improving business productivity and national economic outcomes. The passing of the Workplace Amendment (Work Choices) Bill 2005 is the latest legislative manifestation of this thinking. This paper challenges the labour market assumptions and expectations of the Bill by arguing that equality in bargaining power between the two sides of industry in the manner afforded by conciliation and arbitration tribunals is essential for any genuine and lasting prosperity to exist between labour and capital.

A review of employment relations theories and their application

New developments in the industrial relations and human resource management have moved management and employee bargaining down to the level of the firm. In doing so they have generated a growing level of interest in the conduct of employment relations, not just at the level of specialist managers, who have traditionally had the responsibility for dealing with issues in this area, but across management as a whole. There is thus a growing need for managers to place more emphasis on achieving a greater symmetry between commercial objectives and employment practices. This paper looks at the predicates of managerial authority and its legitimacy, and how personal assumptions and value systems (i.e., ‘frames of reference’) held by managers can predispose them to view the nature of work and workplace relations in particular ways. The paper also presents
and aligns a range of contemporary theories within the province of such systems, with the aim being to show how judgements made about the worth or otherwise of a given range of theories are inevitably shaped by the type of value system and set of assumptions one holds towards the
world of work. The paper concludes by offering a practical guide to managers on how to evaluate their own assumptions and value systems when applying the noted theories and concepts to real world circumstances. In doing so, the paper provides a tool kit of theories and concepts that should allow managers to avoid engaging in workforce management practices that are either illconceived or based on intuitive premises.

Employer matters in 2005

By any reckoning, the year 2005 will long be remembered as a watershed year for Australian industrial relations. While there were the usual types of industrial disputes, on-going enterprise bargaining and another round of arguments over the Australian Industrial Relations Commission’s (AIRC’s) annual safety-net review, the year was dominated by the looming re-writing of Australia’s industrial relations regulatory regime, made possible by the Government’s surprise majority in the Senate, granted to them in late 2004. Viewed as a looming dark cloud by some or a shining light by others, most of 2005 was spent in anxious anticipation of the Howard government’s impending ‘WorkChoices’ legislation. Employer groups spent much of the year lobbying the Howard government for the types of reforms long cherished, but only dreamed of by employers, for arguably 100 years. A once in a lifetime opportunity had presented itself and employer groups were determined to take full advantage of the situation, by ensuring that the government did not lose its nerve. Perhaps more importantly, however, in addition to lobbying the government, major employer organizations devoted significant resources to building the case for industrial relations reform and attempting to sell that message to the electorate. By year’s end, employers had succeeded in the first objective, but had seemingly failed in the second.

The TRIPS agreement and developing countries: a discussion of the paragraph 6 of the Doha declaration on public health

The Paragraph 6 solution arrived on 30th August 2003 to facilitate export of drugs to the countries which were not able to manufacture said drugs shows the total marginalization of developing countries in international treaty negotiations. A simple proposal by developing counties to use Article 30 of the TRIPS Agreement for such manufacture and export to non-manufacturing countries in order to avoid expensive litigations with the pharmaceutical multinationals took an ugly turn where not only the said proposal was totally rejected but export was added as one of the patenting rights in the TRIPS Agreement with payment of remuneration to patent holders. This introduction of export as one of the patenting rights was surrounded by a thicket of rules on the plea that such products would be diverted to ensure that the needing countries never acquire the requisite drugs. This article analyses the events leading to the establishment of the TRIPS Agreement, the elimination of developing countries from such negotiations through the use of suitably placed officials in the negotiating forums, the role of CEOs of the multinationals and the business NGOs such as International Intellectual Property Alliance and IPC (Intellectual Property Committee), epistemic community consisting of individuals such as Jacques Gorlin and Eric Smith and the subsequent development leading to the finalization of Para 6 Solution, which was an exact replication of events during the TRIPS negotiations. The analysis suggests that developing countries do not have any say in international negotiations and their agreements to such negotiations are essentially to legitimize their colonized existence.

Valuing criminal court services

Criminal courts fundamentally provide a forum for conducting prosecutions with a guilty plea or a trial. At present, there is no generally accepted  methodology for estimating the monetary value of those services. The  purpose of this paper is to attempt to fill this gap by proposing a  methodology predicated on the joint optimising decisions of society and the defendant, who are the two stakeholders in any criminal case. The technique can also be potentially used to evaluate both theoretically and empirically the impact of court delay reduction programs on social welfare, and the specification of socially optimal court waiting times.

Ecologically sustainable development and architecture: the impact of rating tools

The concept of Ecologically Sustainable Development (ESD) has become an important issue – albeit often scarcely applied – in the design of commercial buildings. To encourage the adoption of sustainable strategies in the practice of design and to address the environmental problems caused by these developments, governments and organisations of various countries have proposed the adoption of scorecard rating tools to inform designers of the impact of their decisions and to present a way of establishing project goals and objectives early in the design process. In Australia, the recent introduction of the Green Star Rating Tool (Office Design) is believed to provide the architects with a ‘whole-of-building’ assessment of the environmental impact of their design by creating a checklist against which to benchmark performance. This paper follows the design of a commercial building, evaluating the impact of Green Star in the overall process. The results of the study suggest the need to include the use of scorecard rating tools in a more integrated model, where ESD is considered at every stage of design and construction rather than being a separate component applied only to promote the ‘greenness’ of a building. Rating tools can be an asset to the design team, provided sustainable requirements are reinforced throughout the entire process.

A roadmap to Renewable Adaptive Recyclable Environmental (R.A.R.E.) architecture

R.A.R.E. stands for Renewable Adaptive Recyclable Environmental Architecture; the acronym expresses a demand that is becoming increasingly important today in the eyes of designers and clients. The paper draws on the contents and the pedagogical methods applied in a Building Technology Unit (SRT 450) – at forth year level – at the School of Architecture and Building, Deakin University, Australia. The unit is basically structured upon eight subjects derived as relevant to the research and development for a R.A.R.E. Architecture: Sustainable Site & Climate Analysis; Flexible & Adaptive Structural Systems; Renewable Adaptive & Environmental Building Materials; Modular Building Systems; Innovative Building Envelope Systems; Renewable or Non-conventional Energy Systems; Innovative Heating, Ventilation & Air Conditioning; Water Storage & Systems. The overall objective of the unit is to present a comprehensive overview of all these Sustainable Building Categories (SBCs) so that the students can produce a guide towards the design of a R.A.R.E. Architecture. The push towards a holistic and integrated approach will contribute to the definition of an innovative architecture, which is both progressive and sustainable.

The importance of IS stakeholder perspectives and perceptions to requirements negotiation

Project managers and developers need to acknowledge the influence of IS stakeholders’ perspectives and perceptions on the outcome of requirements negotiation - the essential component of requirements elicitation. This paper describes a conceptual study, which demonstrates such an influence and asserts that stakeholder perspectives, goals and issues are the key to negotiators’ perceptions of the system requirements. Analysis of two seminal IS case studies further supports this assertion and indicates that goals, perspectives and prior experience with negotiation techniques can guide stakeholders bargaining behaviour during requirements negotiation. Our findings also show that to achieve consensus on requirements, stakeholder perspectives must be aligned or accepted by negotiating parties. Achieving alignment of perspectives, however, is quite difficult because during requirements elicitation stakeholders’ goals continually alter due to their acquisition of technical and business knowledge, development of inter-personal relationships and creation of new perceptions of issues relevant to requirements negotiation.

Australian sentencing : principles and practice

Australian Sentencing: Principles and Practice explains the rules, principles, policies and practices that underpin the manner in which people are punished for criminal behaviour in Australia. As well as dealing with sentencing law today, the book provides an extensive analysis of the wider policy, moral, and political consideration which shape sentencing law. It analyses and evaluates existing standards and practices, and suggests how sentencing law should be reformed so that it operates in a fairer, more efficient and effective manner.

Content: Part A: 1. The nature of sentencing and theories of punishment; 2. Plucking figures from the air: the instinctive synthesis; 3. The objectives that are attainable through sentencing; 4. High Court sentencing jurisprudence; Part B: 5. The principle of proportionality; 6. Aggravating factors; 7. Mitigating considerations; 8. The relevance of a guilty plea to sentence; 9. The relevance of prior criminality; 10. Aboriginality; Part C: 11. The nature of criminal sanctions; 12. Imprisonment; 13. Intermediate sanctions; 14. Discharges and bonds, fines and disqualifications; Part D: 15. The way forward ? strategic sentencing.

Employer matters in 2006

If 2005 was a watershed year with the passing of the Work Choices legislation, then 2006 may well be considered year zero, symbolizing the beginning of a new era of Australian industrial relations under the employer friendly legislative regime. Employer groups were actively engaged in lobbying the Federal Government for further industrial relations reform, particularly in relation to the award rationalization process, and in pressuring the government for codification of the definition of `independent contractors', as a means of immunizing them from many of the rigours currently imposed by employment and labour law. Key employer groups made significant submissions to the newly formed Australian Fair Pay Commission in the lead up to its inaugural minimum wages decision, and though generally urging caution in raising minimum wages, there were nevertheless some differences of emphasis and approach apparent between a number of them. Despite an absence of widespread industrial disputation, the year witnessed a number of employers exercising their newfound powers — including some enhanced legal options — to either by-pass unions or to constrain union activity.

Employment relations : integrating industrial relations and human resource management

Incorporating Human Resource Management policies within the regulatory and institutional framework that governs contemporary industrial relations has always been problematic. This paper details the nature and causes of this problem, noting the different conceptual and practical understandings that underpin each form of labour management when being applied in organisational settings. It then looks at a range of industrial relations realities confronting managers when trying to apply HRM practices, and how these practices might be accommodated within the context of such realities as a means of improving organisational effectiveness. In so doing it delineates four approaches an organisation might take in its relations with trade unions when bargaining and concluding labour contracts, and which of these are consistent and inconsistent with the coexistence of HRM and industrial relations practices. It then looks at the issue of workplace change involving trade unions and collective bargaining in terms of three categorical models—the management-driven model, the trade union gatekeeper model, and the management-union alliance model, the intention again being to show which are consistent and inconsistent with the coexistence of these different forms of labour management. The paper concludes by drawing on these conceptual models to outline the issues and policies that need to be considered when applying HRM practices within an industrial relations setting.

Whose identity? Valuing the culture built heritage in diverse and tensioned societies

The UNESCO declaration on cultural diversity in 2002 has raised more questions than answers. More recent events around the World have highlighted the immediate need for legislative actions to protect cultural built heritage in tensioned societies. This paper discusses the potential global risks that face cultural built Heritage. The paper argues that such risks are not only limited to regions where military operations are taking place but also to nations where questions of identity and cultural diversity are raised. The paper questioned the reasons and the impact of the rise of ethno nationalism on the protection of cultural built heritage. The different discourses of these groups that will lead to destruction of cultural artefacts are also explored. In order to properly legislate means for the protection of vulnerable cultural built heritage in conflict areas, the underline value system should be clarified and the values under threat identified. The paper concludes with a plea to move our understanding and definition of culture from the previous 'old' definition with relation to "people' to a 'new' one which is more relevant to context.