Does Australia's treatment of non-citizens accord with its international human rights obligations? with specific reference to the treatment of on-shore refugees

The son of immigrants, I was motivated to write a paper addressing the issues of alienation and discrimination which confronts non-citizens upon arriving in Australia. Apart from descendants of Australia's indigenous population, the common bond shared by all citizens and permanent residents of Australia is that they are either themselves immigrants or are descended from immigrants. In this paper I will look at whether Australia's law and practice meets its international human rights treaty and convention obligations vis-a-vis non-citizens. To investigate this issue I trace the history of immigration to Australia and look at the political policies which influenced the treatment of non-citizens from 1788 to present times. In 1958 when my parents stepped upon Australian soil as displaced persons, Australia was a very different place from Australia in the 1990s. At that time Australia was still firmly under the influence of the 'White Australia Policy' which openly encouraged discrimination against non-anglo saxons. Since those times Australia has advanced to become one of the most culturally diverse nations in the world where multiculturalism is encouraged and a non-discriminatory immigration program is supported by both Australia's major political parties. However, notwithstanding the great social advances made in Australia in recent decades the traditional legal sources of law, namely, judicial pronouncements, statutes and the Commonwealth Constitution have not kept pace and it is my submission that Australia's body of law inadequately protects the rights of non-citizens when compared to Australia's international human rights convention and treaty obligations. This paper will consider these major sources of law and will investigate how they have been used in the context of the protection of the rights of non-citizens. It will be asserted that the weaknesses exposed in the Australian legal system can be improved by the adoption of a Bill of Rights1 which encompasses Australia's international human rights treaty and convention obligations. It is envisaged that a Bill of Rights would provide a framework applicable at the State, Territory and Federal levels within which issues pertaining to non-citizens could be resolved. The direction of this thesis owes much to the writings, advice and supervision of Dr. Imtiaz Omar who was always available to discuss the progress of this work. Dr. Omar is a passionate advocate of human rights and has been a tremendous inspiration to me throughout my writing. I owe a debt of thanks to the partners of Coulter Burke who with good nature ignored the sprawl of books and papers on the boardroom table, often for days at a time, thus enabling me to return to my writing from time to time as my inspirational juices ebbed and waned. Thanks also go to my typists Julie Pante, Vesna Dudas and Irene Padula who worked after hours and on weekends always without complaint, on the various versions of this thesis. My final acknowledgement goes to my wife Paula who during the years that I was working on this thesis encouraged me during my darker moments and listened to all my frustrations yet never doubted that I would one day complete the task successfully. I wish to thank her wholeheartedly for her motivation and belief in my abilities. The law relied upon in the thesis is as at the 30th June, 1998. Bill or Charter of Rights 'are taken to be enactments which systematically declare certain fundamental rights and freedoms and require that they be respected'. See Evans, G. 'Prospect and Problems for an Australian Bill of Rights' (1970) 3 Australian Year Book of International Law 1 at 16. Some such notable exception is the New Zealand Bill of Rights Act 1990, contained in an ordinary statute.

Risk of prostate cancer associated with a family history in an era of rapid increase in prostate cancer diagnosis (Australia)

OBJECTIVE: We conducted a case-control study of prostate cancer and familial risk of the disease in Australia between 1994 and 1998, a period during which the incidence of prostate cancer increased dramatically with widespread use of prostate-specific antigen (PSA) testing. METHODS: 1475 cases and 1405 controls were asked about prostate cancer in their first-degree relatives. Odds ratios (OR) were calculated using logistic regression. RESULTS: Cases were more likely to report a family history of prostate cancer than controls (OR 3.0; 95% confidence interval (CI) 2.3-3.9) and cases reporting an affected relative were younger (58.8 versus 60.9 years, p < 0.0001). The OR for an affected first-degree relative increased with increasing number of affected relatives and decreased with increasing age of the case. The OR for more than one affected first-degree relative was 6.9 (95% CI 2.7-18). The OR for an affected brother was 3.9 (95% CI 2.5-6.1) and for an affected father was 2.9 (95% CI 2.1-3.9) but these were not significantly different (p = 0.2). When analyses were repeated including only diagnoses made in relatives prior to 1992, the risks were generally similar except that the OR for an affected brother decreased to 3.1 (95% CI 1.2-3.9). When only relatives' diagnoses made after 1991 were included results were again similar to those for all relatives, although the effect for brothers was greater and the attenuation with age at diagnosis dissipated. CONCLUSIONS: The recent introduction of PSA testing that has resulted in a greater prevalence of apparent prostate cancer, does not appear to have substantially altered familial risks of disease, although effects associated with brothers may be inflated.

Aspects of the life history of skates from southeastern Australia

The age and growth, reproduction and diet of several skate species in south-east Australia were studied. From studying these life history characteristics it was determined that skates have a relatively low productivity and may therefore be at risk of local extinction if increasingly exploited without appropriate management.

Population structure and life history characteristics of euastacus bispinosus and cherax destructor (Parastacidae) in the Grampians National Park, Australia

Despite being the most widely distributed and cultured freshwater crayfish species in Australia, relatively little is known about the ecology of Cherax destructor outside of captivity. Similarly, few ecological studies have been conducted on the large and threatened stream dwelling Australian freshwater crayfish Euastacus bispinosus. A series of seasonal sampling surveys over two years investigated the population structure, life history and reproductive timing of C. destructor in fire dam habitats, and of E. bispinosus in channel (stream) habitats, in the Grampians National Park in south-west Victoria, Australia. Cherax destructor individuals in the largest size class (50 – 59.95 mm OCL) were not abundant during the study, while those belonging to the 0 – 9.95 mm OCL size class were more frequent in summer than at other times of year, suggesting synchronous recruitment in fire dam habitats. Individuals in the reproductively active mid-size classes were also frequent in summer. For E. bispinosus, sex ratios in spring always favoured females, although there were no clear trends for other times of year. Gravid E. bispinosus females were found in winter and spring throughout the study, and were sexually mature at a smaller size than has previously been reported.

Re-framing the riot : journalism, creative non-fiction and telling the story of Australia's black history

On 19 November 2004, an Aboriginal man was arrested on Palm Island, off the coast of Townsville in northern Queensland. He was taken to the local watch house on a drunk and disorderly charge. An hour later, he lay dead on a cell floor. His liver, an autopsy showed, had been split in half and his spleen ruptured. But when that autopsy report also found that Mulrunji Doomadgee’s severe injuries were not caused by force, the Palm Island Indigenous community, enraged and grief-stricken, went looking for payback.

The Palm Island “riots” ensured that this Aboriginal death in custody made international news headlines where others barely got a mention, if at all (Hollinsworth, 2005). The ensuing Coronial Inquest and criminal prosecution of the arresting Queensland police officer, Chris Hurley, also were covered consistently by the news media. Senior Sergeant Hurley has, however, so far escaped punishment and the Queensland media’s most recent report of the case was to tell how the Qld Police Union now funds a legal bid to clear his name. Meanwhile, little is heard in the news media of the Doomadgee family, the Palm Island community, or of other deaths in custody occurring steadily through the 18 years since the Royal Commission that was supposed to implement a raft of preventative recommendations.

While the news media’s framing of these issues has most often followed historically predictable and ultimately racist lines, a work of creative non-fiction tells the story with warranted complexity and power. Chloe Hooper’s The Tall Man: Death and Life on Palm Island documents Cameron Doomadgee’s death, the riots, and the ensuing legal farce from the front row. Hooper, in the tradition of Truman Capote, arrived at Palm Island as a white writer from a big city. But by “walking the talk” – being with the Doomadgee family and their community through the hearings and after, Hooper was given extraordinary access to community, history, and significant cultural nuance barely identified by, let alone understood by, non-Indigenous readers.

By focussing on Hooper’s experience with sources and court reporting, compared with some print media coverage, this paper will consider the comparative roles of journalism and creative non-fiction in re-framing the Palm Island “riot”. It will suggest that Hooper’s work subverts some dominant (and racist) news media representations of Australian Indigenous peoples through its use of source relationships in an extended narrative structure.

The emergence and development of specialist courts : lessons for juvenile justice from the history of the children’s court in South Australia?

To illustrate how specialist courts have developed to manage juvenile offenders, this paper provides an overview of the history and development of the youth court in one jurisdiction, South Australia. Drawing on interviews conducted with judicial officers, the paper seeks to highlight some of the changes that have taken place since the Court’s inception, as well as how the Court currently understands its role and positioning within the broader justice and welfare systems. Key discussion points of these interviews included the Youth Court’s guiding principles and how they impact on court procedures and responses to young people in the system, as well as the challenges that limit, or create difficulties for, the effective operation of the Youth Court. It is concluded that the Youth Court system attempts to balance both welfare and justice approaches to dealing with young people, but are sometimes hindered by inadequate procedural, structural and resource-related factors – some of which exist externally to the Youth Court itself.

Migrant houses in Northcote, Melbourne, Australia, 1950‐1975

The data collection contains documentation of migrant houses in Northcote, Melbourne. It includes photographic documentation of the houses, interviews with the inhabitants, and drawings/sketches of the houses.

The focus of the research is on houses that were built between 1950 and 1975. These houses are themselves a product of the construction skills and processes of post-war immigrants and the waves of 1960s immigrants into Australia from Southern European countries. Typically, these houses are brick veneer and have a strict sense of order and endurance about their design and image of the facade. A series of outdoor and semi-outdoor spaces produce a complexity of inside-outside relations and make possible different lifestyles.

Stories of the migrant house suggest it is an example of what might be called an ‘eco-object’, an object through which ecological practices are interwoven with social and cultural orientations. The houses are also aesthetic artefacts that present a public image through their facades. The project has documented the ‘material history’ of the houses. It illustrates the significance of particular elements/processes including: the terrace, new nature (in the front garden and back vegetable garden), summer kitchen, ongoing construction and storage space.

History researcher development and research capacity in Australia and New Zealand

 This article presents data and discussion on history researcher development and research capacities in Australia and New Zealand, as evidenced in analysis of history PhD theses’ topics. The article is based on two independent studies of history PhD thesis topics, using a standard discipline coding system. It shows some marked differences in the Australian and New Zealand volumes and distributions of history PhDs, especially for PhDs conducted on non-local/national topics. These differences reflect national researcher development, research capacities and interests, in particular local, national and international histories, and have implications for the globalisation of scholarship. Thesis topics are used as a proxy for the graduate’s research capacity within that topic. However, as PhD examiners have attested to the significance and originality of the thesis, this is taken as robust. The longitudinal nature of the research suggests that subsequent years’ data and analysis would provide rich information on changes to history research capacity. Other comparative (i.e. international) studies would provide interesting analyses of history research capacity. There are practical implications for history departments in universities, history associations, and government (PhD policy, and history researcher development and research capacity in areas such as foreign affairs). There are social implications for local and community history in the knowledge produced in the theses, and in the development of local research capacity. The work in this article is the first to collate and analyse such thesis data either in Australia or New Zealand. The comparative analyses of the two datasets are also original.