Hollow avowals of human rights protection-time for an Australian federal bill of rights?

Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed - a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional protection.

The evolution of the temporary protection visa regime in Australia

While the Temporary Protection Visa (TPV) regime was formally introduced in October 1999 by the Howard Government, the concept of temporary protection was not totally alien to the Australian humanitarian landscape. Earlier examples reflected a standard use of temporary protection as a complementary or interim protection mechanism, offering short-term group-based protection where individual assessment under the 1951 Convention was both impractical and untimely. This paper focuses on the wider and more controversial changes in the use of temporary protection mechanisms that were to follow with the introduction of the TPV in 1999, which offered substitute protection for individually assessed Convention refugees who had arrived onshore without valid travel documents. It examines the history and evolution of the TPV policy regime from 1999 to the announcement of its abolition in 2008, arguing that the introduction and subsequent development of the policy may be understood as a product of a conservative, exclusionist political climate in Australia, following the unprecedented impact of the populist One Nation party in 1998, and later, the impact of September 11th. It also examines later amendments to the regime as a response to growing domestic disquiet about the impacts of the policy, and the abolition of the TPV policy under a new Australian government elected in late 2007.

Child protection, risk assessment and blame ideology

In this article we use qualitative data drawn from a sample of child protection cases 10 demonstrate holV the process of al1ributing blame to parents and carers for child maltreatment is a sign!ficanr influence 011 decisionmaking,
sometimes to the detriment of assessing the flltllre safety of children. We foctls on two cases which both demonstrate how the process of apportioning blame can lead to decisions which might not be considered 10 be in the best interests of the children concerned. We conceptualise blame as an 'ideology' with its roots in the discourse of the 'risk society', pelpetuated and sustained by the technology of risk assessment. The concept of blame ideology is offered as an addition to theOlY which seeks 10 explain the influences on decision making in child protection practice.

Exploring the possibilities of an expanded practice repertoire in child protection

Summary: This article discusses research that explored an alternative to proceduralized child protection practice informed by the risk paradigm, by expanding the repertoire available to practitioners through combining features of the risk paradigm with social constructionism. This approach incorporates three dimensions: theories of knowledge and power, related professional roles, and practice skills. In this article, we discuss and critically evaluate only the first dimension: theories of knowledge and power. Through dialogue facilitated by semi-structured questions, we explored practitioners' perspectives about the relevance and appropriateness of the alternative approach for practice.

Findings: The practitioners' participation and feedback offer insights into complex connections between `theory' and `practice' with the practitioner as a positioned subject and mediator of practical meanings of formal concepts.

Applications: 1) Recognition of each practitioner's interpretation of formal concepts and how they are applied in actual practice, even within shared organizational contexts. 2) The importance of dialogue to expand the range of possibilities that maintain openness to ongoing learning. 3) The value of theoretical pluralism that may offer greater opportunities for professional discretion, rather than single self-contained approaches that may constrain effective and ethical practice.

Sex offender risk assessment : consideration of human rights in community protection legislation

ObjectivesRisk assessments provided to judicial decision makers as a part of the current generation of legislation for protecting the public from sexual offenders can have a profound impact on the rights of individual offenders. This article will identify some of the human rights issues inherent in using the current assessment procedures to formulate and communicate risk as a forensic expert in cases involving civil commitment, preventive detention, extended supervision, or special conditions of parole. MethodBased on the current professional literature and applied experience in legal proceedings under community protection laws in the United States and New Zealand, potential threats to the rights of offenders are identified. Central to these considerations are issues of the accuracy of current risk assessment measures, communicating the findings of risk assessment appropriately to the court, and the availability of competent forensic mental health professionals in carrying out these functions. The role of the forensic expert is discussed in light of the competing demands of protecting individual human rights and community protection. ConclusionActuarial risk assessment represents the best practice for informing judicial decision makers in cases involving sex offenders, yet these measures currently demonstrate substantial limitations in predictive accuracy when applied to individual offenders. These limitations must be clearly articulated when reporting risk assessment findings. Sufficient risk assessment expertise should be available to provide a balanced application of community protection laws.

Domestic violence and child protection : partnerships and collaboration

The interface between the child protection and domestic violence sectors is often problematic, in that the two sectors operate relatively independently, with little integration. However, it is widely recognised that these sectors need to work more closely to enhance both women's and children's safety. This paper explores the processes needed for the child protection and domestic violence sectors to develop collaborative partnerships that lead to the provision of higher-quality responses to both women and children. Drawing on collaboration theory, a number of barriers to the development of successful partnerships are described, and applied to initiatives that seek to develop integrated approaches between child protection and domestic violence services. It is concluded that there is much scope for the two sectors to work closely together, but that the development of integrated responses involving both child protection and domestic violence services will take a significant commitment, level of determination, and stamina from both parties.

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.

Tariff protection and politics : Castlemaine 1870-1901

This study, set within the contextual background of Victorian politics, ‘seeks to identify the economic, political and social implications of tariff protection for the Castlemaine region from 1870-1901. The introduction of the Victorian tariff in 1865 precipitated a reversal of earlier attitudes towards protection by politicians and their constituents. Reasons are sought for changes in the perceptions of the Castlemaine electorate and its political representatives towards the tariff between 1870 and Federation. An examination has been made of the role of the tariff in the creation of employment in the region’s primary and secondary industries together with its influence on politicians, primary and secondary industry leaders and workers. Also explored is the relative impact of the tariff on the economic performance of Castlemaine industries, whether producing for export or domestic markets.

Supply chain management security : the weak link of Australian critical infrastructure protection

Secure management of Australia’s commercial Critical Infrastructure presents ongoing challenges to both the owners of this infrastructure as well as to the Australian Federal government. The security management process is currently managed through high-level information sharing via collaboration, but does this situation suit the commercial sector? One of the issues facing Australia is that the majority of critical infrastructure resides under the control of the business sector and certain aspects such of the critical infrastructure such as Supply Chain Management (SCM) systems are distributed entities that span a number of commercial organisations. Another issue is that these SCM systems can be used for the transportation of varied items, such as retail items or food. This paper will explore the security issue related to food SCM systems and their relationship to critical infrastructure. The paper will focuses upon the security and risk issues associated with SCM system protection within the realms of critical infrastructure protection. The paper will review the security standard ISO 28000 - Supply Chain Security Management Standard. The paper will propose a new conceptual security risk analysis approach that will form the basis of a future Security Risk Analysis approach. This new approach will be aimed at protecting SCM systems.

Polymer coatings containing nano particles of zinc oxide for the UV protection of dyed polyester fabrics

The useful life of many outdoor textile products is limited by degradation caused by exposure to sunlight, in particular by the ultra violet component (below 400 nm). The degradation results in fading of colours and also loss of physical properties, such as tear strength and abrasion resistance. Degradation can be decreased with UV absorbers, often used in conjunction with antioxidants or free radical quenchers. The protection afforded by these organic compounds is, however, limited as they are ultimately destroyed by the UV radiation they absorb.
An alternative approach is to coat fabrics with a polymer containing an inorganic UV absorber, such as zinc oxide. The inherent stability of zinc oxide would be expected to provide a protective effect over a much longer period than can be achieved with an organic UV absorber. A possible disadvantage of zinc oxide when applied in a polymer film is that absorption and scattering of visible light can produce hazy films and, hence, an unacceptable change in fabric appearance.
This poster paper examines the possibility of using nano particles of zinc oxide dispersed in acrylic polymers for protecting dyed polyester fabrics against sunlight fading. Factors affecting both UV absorbance and film clarity will be discussed. The possibility will also be examined that the protective effect may be reduced in some circumstances by reactive oxygen species, generated by the interaction of UV with zinc oxide in the presence of air and water.