When is property inherently defeasible for the purposes of s 51(xxxi)?

This article traces the development of the jurisprudence surrounding compulsory acquisition of property with a particular focus on the application of s 51(xxxi) of the Australian Constitution to statutory property. The examination reveals a clearly articulated methodology developed by the High Court that is principled, transparent and logically consistent with the purpose of the provision. This is contrasted with two recent decisions of the High Court, ICM Agriculture Pty Ltd v Commonwealth and Phonographic Performance Company of Australia Ltd v Commonwealth which indicate a concerning development to move away from such methodology and introduce new factors for consideration. It is argued that such development threatens to undermine the principled and transparent application of s 51(xxxi) and may reintroduce unnecessary methodological uncertainty.

Extraction of latent patterns and contexts from social honest signals using hierarchical Dirichlet processes

A fundamental task in pervasive computing is reliable acquisition of contexts from sensor data. This is crucial to the operation of smart pervasive systems and services so that they might behave efficiently and appropriately upon a given context. Simple forms of context can often be extracted directly from raw data. Equally important, or more, is the hidden context and pattern buried inside the data, which is more challenging to discover. Most of existing approaches borrow methods and techniques from machine learning, dominantly employ parametric unsupervised learning and clustering techniques. Being parametric, a severe drawback of these methods is the requirement to specify the number of latent patterns in advance. In this paper, we explore the use of Bayesian nonparametric methods, a recent data modelling framework in machine learning, to infer latent patterns from sensor data acquired in a pervasive setting. Under this formalism, nonparametric prior distributions are used for data generative process, and thus, they allow the number of latent patterns to be learned automatically and grow with the data - as more data comes in, the model complexity can grow to explain new and unseen patterns. In particular, we make use of the hierarchical Dirichlet processes (HDP) to infer atomic activities and interaction patterns from honest signals collected from sociometric badges. We show how data from these sensors can be represented and learned with HDP. We illustrate insights into atomic patterns learned by the model and use them to achieve high-performance clustering. We also demonstrate the framework on the popular Reality Mining dataset, illustrating the ability of the model to automatically infer typical social groups in this dataset. Finally, our framework is generic and applicable to a much wider range of problems in pervasive computing where one needs to infer high-level, latent patterns and contexts from sensor data.

Statelessness, identity cards and citizenship as status in the case of the Nubians of Kenya

Statelessness as a legal and political problem has attracted increasing attention from scholars and international advocacy organisations in recent years. This attention has predominantly focussed on the legal aspects of statelessness, and has generally held the acquisition of citizenship documentation as the primary goal in remedying citizenship deprivation. This article explores the merits of this focus through a case study of the Nubians of Kenya, widely considered stateless until recently. The article connects the focus on citizenship as documented status to a liberal conception of citizenship. The article identifies the ways in which this approach is helpful, that is, as a means of pursuing legal status and possession of individual rights. It then goes on to identify more important ways in which a liberal conception of citizenship falls short of accounting for the Nubians’ citizenship problems by neglecting the more collective dimensions of citizenship practice and recognition.

The “inclusion” of students with vision impairments: generational perspectives in Australia

In this paper I draw upon findings of a recent qualitative project conducted in Queensland, Australia in which all actors – the researcher and 5 participants aged 13-17 years — were linked together by our shared experiences of being students with impaired vision (VI) and who were educated in inclusive secondary schools in Australia during the last two decades. The narrative demonstrates the alienating legacy of two everyday routines of schooling, the placement and the daily commute. In the paper I show how referential knowledge acquisition of a trans-identity research alliance can reveal barriers to inclusion that might be ordinarily overlooked. Theoretically I map the research relationship formed between myself and participants using both Foucault’s analysis of how human beings are made subjects (1982) and Bourdieu’s understanding of reflexive interviewing in qualitative research (1998). The empirical contribution of this paper is to demonstrate how special education discourses render subjects more “special” than the sum of their actual impairments, and methodologically to highlight the role of qualitative inquiry in the field of inclusive schooling.

Teacher practice: a spotlight on the use of feedback and conferencing in the first year of schooling

With the prevalence of statements that refer to a need to “bridge”, “narrow” or “close” gaps in achievement it would appear that Government bodies have an appreciation for the fact that students need not be victims of circumstance. In addition to this, research has suggested that certain skills, such as the acquisition of phonemic awareness, need to be acquired in the early years to ensure that children do not fall behind their peers. Use of feedback is one way in which teachers have attempted to positively influence student outcomes. There are authors, however, who have suggested that not all forms of feedback are necessarily effective. In light of these perspectives, this study sought to investigate whether the incorporation of student/teacher conferences into a pre-existing program could be seen to support the development of phonemic awareness skills of students in their first year of schooling.

Digital archetypes : adaptations of early temple architecture in South and Southeast Asia

This unique book presents a broad multi-disciplinary examination of early temple architecture in Asia, written by two experts in digital reconstruction and the history and theory of Asian architecture. The authors examine the archetypes of Early Brahmanic, Hindu and Buddhist temple architecture from their origins in north western India to their subsequent spread and adaptation eastwards into Southeast Asia. While the epic monuments of Asia are well known, much less is known about the connections between their building traditions, especially the common themes and mutual influences in the early architecture of Java, Cambodia and Champa. While others have made significant historiographic connections between these temple building traditions, this book unravels, for the first time, the specifically compositional and architectural linkages along the trading routes of South and Southeast Asia. Through digital reconstruction and recovery of three dimensional temple forms, the authors have developed a digital dataset of early Indian antecedents, tested new technologies for the acquisition of built heritage and developed new methods for comparative analysis of built form geometry. Overall the book presents a novel approach to the study of heritage and representation within the framework of emerging digital techniques and methods. © Sambit Datta and David Beynon 2014. All rights reserved.

A tale of two expropriations: Newcrestia and Agrizania

A comparison will be made between the decision of the High Court of Australia in Newcrest Mining (WA) Ltd v The Commonwealth1 (“Newcrest”) and the decisions of the South African Courts in the Agri South Africa line of cases.2 Although the mineral law systems of the two countries differ insofar as historical development and content,3 the simplified facts of the Newcrest and Agri SA decisions and principles of expropriation law are similar enough to draw an interesting comparison between the respective cases. Both cases dealt with the issue of whether the mineral rights/mining rights of private holders were expropriated by legislation which prohibited mining in one way or another. A comparison between the cases shows the approaches towards the issues and what exactly constitutes deprivation and/or acquisition of property for purposes of expropriation and whether deprivation and/or acquisition actually took place.The differences between the mineral law systems of Australia and South Africa (before the enactment of the Mineral and Petroleum Resources Development Act 28 of 2002 (hereafter “MPRDA”)) and the protection afforded against the resumption/expropriation of mineral rights or mining rights will be set as background information for a better understanding of the respective decisions. The facts of the two cases will first be set out and simplified for comparative purposes before the respective decisions are discussed. At the end, a comparison will be made between the decisions and a conclusion reached about the similarity of principles and the correctness of the respective decisions.

Australian Enterococcal Sepsis Outcome Programme annual report, 2013.

From 1 January to 31 December 2013, 26 institutions around Australia participated in the Australian Enterococcal Sepsis Outcome Programme (AESOP). The aim of AESOP 2013 was to determine the proportion of enterococcal bacteraemia isolates in Australia that are antimicrobial resistant, and to characterise the molecular epidemiology of the Enterococcus faecium isolates. Of the 826 unique episodes of bacteraemia investigated, 94.6% were caused by either E. faecalis (56.1%) or E. faecium (38.5%). Ampicillin resistance was not detected in E. faecalis but was detected in over 90% of E. faecium. Vancomycin non-susceptibility was reported in 0.2% and 40.9% of E. faecalis and E. faecium respectively and was predominately due to the acquisition of the vanB operon. Overall, 41.6% of E. faecium harboured vanA or vanB genes. The percentage of E. faecium bacteraemia isolates resistant to vancomycin in Australia is significantly higher than that seen in most European countries. E. faecium isolates consisted of 81 pulsed-field gel electrophoresis pulsotypes of which 72.3% were classified into 14 major pulsotypes containing five or more isolates. Multilocus sequence typing grouped the 14 major pulsotypes into clonal cluster 17, a major hospital-adapted polyclonal E. faecium cluster. Of the 2 predominant sequence types, ST203 (80 isolates) was identified across Australia and ST555 (40 isolates) was isolated primarily in the western and central regions (Northern Territory, South Australia and Western Australia) respectively. In conclusion, the AESOP 2013 has shown enterococcal bacteraemias in Australia are frequently caused by polyclonal ampicillin-resistant high-level gentamicin resistant vanB E. faecium, which have limited treatment options.

The rise of the Anglican orthodox church in Solomon Islands

 This research examines an Anglican schism in Melanesia which led to the rise of a new church and argues that the new church was a response to the fundamental importance of territory. The result is a new social formation called the segmentary church society.

Performing desistance: how might theories of desistance from crime help us understand the possibilities of prison theatre?

Despite the ubiquity of theatre projects in prisons there has been little (published) discussion of the application of theatre to the theories of criminology or rehabilitation of offenders, and scant examination of the potential for criminological theories to inform theatre practice in criminal justice settings. This article seeks to address this deficit and argues that positioning prison theatre within the discipline of positive criminology, specifically contemporary theories of desistance from crime, provides a theoretical framework for understanding the contribution that prison theatre might be making in the correctional setting. Through a review of related literature, the article explores how prison theatre may be motivating offenders toward the construction of a more adaptive narrative identity and toward the acquisition of capabilities that might usefully assist them in the process of desisting from crime.

The South African Doctrine of Notice: a comparative law perspective

The doctrine of notice was received into South African law in Cohen v Shires, Mchattie and King (1881-1884) 1 SAR TS 41 by reference to a 17th century Dutch decision and English equity.The reception of the polar star of equity has led to doctrinal problems and differing views as to requirements for the operation of the doctrine ever since. This is illustrated in the decision of the Supreme Court of Appeal in Meridian Bay Restaurant (Pty) Ltd v Mitchell 2011 (4) SA 1 (SCA). The Court mentioned fraud and equity as the doctrinal basis but also accepted the view that the doctrine is an anomaly which does not fit into the principles of either the law of delict or property law.The Court required actual notice (or dolus eventualis) and wrongfulness for the operation of the doctrine of notice. In the following discussion of the decision it is argued that for the operation of the doctrine it should be required that: (a) a prior personal right aimed at the acquisition of a real right existed; (b) a holder of a subsequent personal right was actually aware or foresaw the possibility of the existence of the prior personal right; and (c) the holder of the real right nonetheless infringed upon the prior personal right by concluding a subsequent contract and obtaining registration of the real right in the deeds office.

Meropenem versus piperacillin-tazobactam for definitive treatment of bloodstream infections due to ceftriaxone non-susceptible Escherichia coli and Klebsiella spp (the MERINO trial): study protocol for a randomised controlled trial

BACKGROUND: Gram-negative bacteria such as Escherichia coli or Klebsiella spp. frequently cause bloodstream infections. There has been a worldwide increase in resistance in these species to antibiotics such as third generation cephalosporins, largely driven by the acquisition of extended-spectrum beta-lactamase or plasmid-mediated AmpC enzymes. Carbapenems have been considered the most effective therapy for serious infections caused by such resistant bacteria; however, increased use creates selection pressure for carbapenem resistance, an emerging threat arising predominantly from the dissemination of genes encoding carbapenemases. Recent retrospective data suggest that beta-lactam/beta-lactamase inhibitor combinations, such as piperacillin-tazobactam, may be non-inferior to carbapenems for the treatment of bloodstream infection caused by extended-spectrum beta-lactamase-producers, if susceptible in vitro. This study aims to test this hypothesis in an effort to define carbapenem-sparing alternatives for these infections.

METHODS/DESIGN: The study will use a multicentre randomised controlled open-label non-inferiority trial design comparing two treatments, meropenem (standard arm) and piperacillin-tazobactam (carbapenem-sparing arm) in adult patients with bacteraemia caused by E. coli or Klebsiella spp. demonstrating non-susceptibility to third generation cephalosporins. Recruitment is planned to occur in sites across three countries (Australia, New Zealand and Singapore). A total sample size of 454 patients will be required to achieve 80% power to determine non-inferiority with a margin of 5%. Once randomised, definitive treatment will be for a minimum of 4 days, but up to 14 days with total duration determined by treating clinicians. Data describing demographic information, antibiotic use, co-morbid conditions, illness severity, source of infection and other risk factors will be collected. Vital signs, white cell count, use of vasopressors and days to bacteraemia clearance will be recorded up to day 7. The primary outcome measure will be mortality at 30 days, with secondary outcomes including days to clinical and microbiological resolution, microbiological failure or relapse, isolation of a multi-resistant organism or Clostridium difficile infection.

Lexical and syntactic transfer in writing: a pilot study of two Chilean learners of EFL

Transfer is crucial during the learning and acquisition of a Second Language (L2) and can affect learners' production and reception at all stages of learning. The ·process of transfer can be explained as the use of structures or lexical items which are concurrent with or deviant from the target language, but which are in fact copies of structures or lexical items from the learner's First Language (L1) (Larranaga, Treffers-Daller, Tidball & Ortega, 2011). Transfer is a common occurrence and as such, it' is crucial to acknowledge its use and utility by learners during the process of second language learning and acquisition. Transfer is not always negative; structures and lexical items from a learner's L1 may transfer into their L2 with accuracy and naturalness. This may be particularly the case where a learner is acquiring a language which is cognate with their L1 and as such has a high degree of reciprocity or overlap. However, even cognate languages contain distinctive structures and words which L2 learners must identify as reciprocal or non-reciprocal in order to improve their writing by avoiding negative transfer. Transfer often occurs via translation, particularly for lexical items. Adult L2 learners rely on L1 translation particularly for lexical processing and production; learners' knowledge of L1 informs their use of L2 vocabulary to varying degrees depending on their proficiency (Jiang, 2004).

An investigation into the effect of play-based instruction on the development of play skills and oral language: a 6-month longitudinal study

The current study investigated the influence of a play-based curriculum on the development of pretend play skills and oral language in children attending their first year of formal schooling. In this quasi-experimental design, two groups of children were followed longitudinally across the first 6 months of their first year at school. The children in the experimental group were attending a school with a play-based curriculum; the children in the control group were attending schools following a traditional curriculum. A total of 54 children (Time 1 M age = 5;6, range: 4;10–6;2 years) completed standardised measures of pretend play and narrative language skills upon school entry and again 6 months later. The results showed that the children in the play-based group significantly improved on all measures, whereas the children in the traditional group did not. A subset of the sample of children (N = 28, Time 1 M age = 5;7, range: 5;2 – 6;1) also completed additional measures of vocabulary and grammar knowledge, and a test of non-verbal IQ. The results suggested that, in addition to improving play skills and narrative language ability, the play-based curriculum also had a positive influence on the acquisition of grammar.

Potential role of glutathione in evolution of thiol-based redox signaling sites in proteins.

Cysteine is susceptible to a variety of modifications by reactive oxygen and nitrogen oxide species, including glutathionylation; and when two cysteines are involved, disulfide formation. Glutathione-cysteine adducts may be removed from proteins by glutaredoxin, whereas disulfides may be reduced by thioredoxin. Glutaredoxin is homologous to the disulfide-reducing thioredoxin and shares similar binding modes of the protein substrate. The evolution of these systems is not well characterized. When a single Cys is present in a protein, conjugation of the redox buffer glutathione may induce conformational changes, resulting in a simple redox switch that effects a signaling cascade. If a second cysteine is introduced into the sequence, the potential for disulfide formation exists. In favorable protein contexts, a bistable redox switch may be formed. Because of glutaredoxin's similarities to thioredoxin, the mutated protein may be immediately exapted into the thioredoxin-dependent redox cycle upon addition of the second cysteine. Here we searched for examples of protein substrates where the number of redox-active cysteine residues has changed throughout evolution. We focused on cross-strand disulfides (CSDs), the most common type of forbidden disulfide. We searched for proteins where the CSD is present, absent and also found as a single cysteine in protein orthologs. Three different proteins were selected for detailed study-CD4, ERO1, and AKT. We created phylogenetic trees, examining when the CSD residues were mutated during protein evolution. We posit that the primordial cysteine is likely to be the cysteine of the CSD which undergoes nucleophilic attack by thioredoxin. Thus, a redox-active disulfide may be introduced into a protein structure by stepwise mutation of two residues in the native sequence to Cys. By extension, evolutionary acquisition of structural disulfides in proteins can potentially occur via transition through a redox-active disulfide state.