A profile of complainants about advertising in Australia: an agenda for research

Investigation of consumer complaint responses within the area of advertising in Australia stems from the suggestion that the more money spent on advertising in a country the greater the need for consumer protection from 'unacceptable' advertising. This research will allow the formulation of strategies to enable more effective marketing communications.

Derivative actions as a mechanism for the protection of minority shareholders in China: a result of convergence or divergence

The protection of minority shareholders has become one of the key features of company law reform in many countries in recent years. Various mechanisms have been created to achieve this objective. Australia has introduced the statutory derivative action procedure mainly based on models drawn from Canada and New Zealand; this provision was inserted into the Corporations Act in March 2000. China has also adopted a similar mechanism – known as the shareholder representative action; this scheme was based upon China’s understanding of statutory derivative actions in Western countries. China’s derivative action mechanism is reflected in amendments to the 2005 PRC Company Law and 2005 Securities Law that both were passed on 27 October 2005 and came into effective on 1 January 2006. The development of statutory derivative actions in different countries demonstrates the interaction between forces of convergence and divergence in company law reforms. This article reviews different mechanisms adopted in the Chinese law for the protection of minority shareholders. It especially focuses on an analysis of the nature of the shareholder representative action and the procedures for its utilisation in China – the equivalent to Western countries’ derivative actions. In comparison with statutory derivative actions in Australia, this article argues that the concept of the shareholder representative action in China rests upon a misunderstanding of Western derivative actions; this has involved a compromise between the dire need to protect shareholders and the ambiguities of a weak court system. As a consequence, China’s reforms in this area are largely a tentative gesture and are therefore unlikely to be very effective.

Agricultural intensification and loss of matrix habitat over 23 years in the West Wimmera, south-eastern Australia

The global trend toward more intensive forms of agriculture is changing the nature of matrix habitat in agricultural areas. Removal of components of matrix habitat can affect native biota at the paddock and the landscape scale, particularly where intensification occurs over large areas. We identify the loss of paddock trees due to the proliferation of centre pivot irrigation in dryland farming areas as a potentially serious threat to the remnant biota of these areas. We used a region of south-eastern Australia as a case study to quantify land use change from grazing and dryland cropping to centre pivot irrigation over a 23-year period. We also estimated rates of paddock tree loss in 5 representative landscapes within the region over the same period. The total area affected by centre pivots increased from 0 ha in 1980 to nearly 9000 ha by 2005. Pivots were more likely to be established in areas which had originally been plains savannah and woodlands containing buloke (Allocasuarina luehmannii), a food source for an endangered bird. On average, 42% of paddock buloke trees present in 1982 were lost by 2005. In the two landscapes containing several centre pivots, the loss was 54% and 70%. This accelerated loss of important components of matrix habitat is likely to result in species declines and local extinctions. We recommend that measures to alleviate the likely negative impacts of matrix habitat loss on native biota be considered as part of regional planning strategies.

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.

Sun exposure and sun protection behaviours among young adult sport competitors

Objective: To explore the relationship between sun protection and physical activity in young adults (18-30 years) involved in four organised sports.

Methods: Participants (n=237) in field hockey, soccer, tennis and surf sports completed a self-administered survey on demographic and sun-protective behaviours while playing sport. Differences in sun-protective behaviour were explored by sport and by gender.

Results: Sunburn during the previous sporting season was high (69%). There were differences between sports for sunburn, sunscreen use and reapplication of sunscreen. Lifesaving had the highest rates compared with the other three sports. Hats and sunglasses worn by participants varied significantly by sports. A greater proportion of soccer and hockey players indicated they were not allowed to wear a hat or sunglasses during competition. For all sports, competition was played mainly in the open with no shade provision for competitors while they were playing. There were some gender differences within each of the sports. Female soccer and tennis players were more likely to wear sunscreen compared with males. Female hockey players were more likely to wear a hat compared with males.

Conclusions: Our findings highlight that there is still room for improvement in sun-protective behaviours among young adult sport competitors. There is a need for a systematic approach to sun protection in the sporting environments of young adults.

Implications: Health promotion efforts to increase physical activity need to be paired with sun protection messages.

A psychological perspective on Australia's asylum policies

This paper discusses mental and psychological impacts of Australia's temporary protection visa (TPV) policy on individual asylum seekers. The paper is based on personal narratives constructed by individual asylum seekers during one-on-one interviews and aims principally to sketch the discursive manifestations of stressful events in the lives of TPV holders. The fact that refugees exhibit signs of Post Traumatic Stress Disorder (PTSD) is not entirely new or surprising given the level of trauma, and in many cases torture and persecution, endured in the pre-migration phase.

What is particularly revealing among many TPV holders is the fact that their pre-migration traumatic experiences are compounded by a post-migration condition of being in indefinite "temporary" protection. This is further exacerbated by an awareness of the exclusionary discourses and policies advocated by the host government. Past trauma and persecution, combined with present family separation and social exclusion, further compounded by uncertainty about the future, results in almost chronic states of anxiety and depression among a significant number of TPV holders.

The relative importance of landscape properties for woodland birds in agricultural environments

1. Studies of landscape change are seldom conducted at scales commensurate with the processes they purport to investigate. Landscape change is a landscape-level process, yet most studies focus on patches. Even when landscape context is considered, inference remains at the patch-level. The unit of investigation must be extended beyond individual patches to whole mosaics in order to advance understanding of faunal responses to landscape change.

2. In this study, we aggregated data from multiple sites per landscape such that both the response and explanatory variables characterized 'whole' landscapes, allowing for landscape-level inference about factors influencing species' incidence.

3. We used hierarchical partitioning and Bayesian variable selection methods to develop species-specific models that examined the influence of four categories of landscape properties – habitat extent, habitat configuration, landscape composition and geographical location – on the incidence of 58 species of woodland-dependent birds in 24 agricultural landscapes (each 100 km2) in south-eastern Australia.

4. There was strong evidence for a positive effect of habitat extent for 27 species. Thirty species were related to at least one of the four landscape composition variables, and geographical location was important for 19 species. Habitat configuration was influential for 13 species and where important, the impacts of fragmentation per se were detrimental.

5. Variation among species in the influential landscape variables indicates that different species respond to different sets of cues in land mosaics. Thus, although all species were grouped a priori as 'woodland-dependent', expectations based on general ecological characteristics may prove unreliable.

6. Synthesis and applications. These results underscore the value of moving beyond the fragmentation paradigm focused on the spatial pattern of habitat vs. non-habitat, to a greater appreciation of the composition and heterogeneity of land mosaics. Landscape-level inference will enable improved conservation outcomes by recognizing the influence of landscape properties on biota and devising strategies at this scale to complement patch-based management. We provide strong empirical evidence that biodiversity management in agricultural landscapes must focus on habitat extent. Complementary management of other landscape attributes, such as habitat aggregation and intensity of agricultural land-use, will also enhance the value of agricultural landscapes for woodland birds.

Bayesian clustering with AutoClass explicitly recognises uncertainties in landscape classification

Clustering of multivariate data is a commonly used technique in ecology, and many approaches to clustering are available. The results from a clustering algorithm are uncertain, but few clustering approaches explicitly acknowledge this uncertainty. One exception is Bayesian mixture modelling, which treats all results probabilistically, and allows comparison of multiple plausible classifications of the same data set. We used this method, implemented in the AutoClass program, to classify catchments (watersheds) in the Murray Darling Basin (MDB), Australia, based on their physiographic characteristics (e.g. slope, rainfall, lithology). The most likely classification found nine classes of catchments. Members of each class were aggregated geographically within the MDB. Rainfall and slope were the two most important variables that defined classes. The second-most likely classification was very similar to the first, but had one fewer class. Increasing the nominal uncertainty of continuous data resulted in a most likely classification with five classes, which were again aggregated geographically. Membership probabilities suggested that a small number of cases could be members of either of two classes. Such cases were located on the edges of groups of catchments that belonged to one class, with a group belonging to the second-most likely class adjacent. A comparison of the Bayesian approach to a distance-based deterministic method showed that the Bayesian mixture model produced solutions that were more spatially cohesive and intuitively appealing. The probabilistic presentation of results from the Bayesian classification allows richer interpretation, including decisions on how to treat cases that are intermediate between two or more classes, and whether to consider more than one classification. The explicit consideration and presentation of uncertainty makes this approach useful for ecological investigations, where both data and expectations are often highly uncertain.

Risk and protection factors for different intensities of adolescent substance use: when does the prevention paradox apply?

The 'Prevention Paradox' applies when low-risk individuals in a population contribute the most cases of a condition or problem behaviour by virtue of their being in the majority, thereby recommending a universal or whole of population approach to prevention. The applicability of a universal as opposed to a targeted high-risk approach to the prevention of youth substance use was examined in two studies of children and adolescents conducted in Victoria, Australia. These studies were reanalysed by recombining developmental, social and individual measures to form cumulative risk indices for substance use. In Study 1, a cross-sectional survey of students, most regular tobacco, alcohol and cannabis use by 15/16-year-olds occurred in the moderate and low-risk groups, recommending a universal prevention strategy . However, the majority of illicit drug use occurred in the highest-risk group (top 15%). Furthermore, in younger age groups both legal and illegal drug use was concentrated mainly in the highest risk group. Study 2 used data from a major longitudinal study where risk factors at around age 11/12 years were used to predict substance use at age 17/18 years. Most students who admitted involvement in frequent smoking, heavy drinking and, although to a lesser degree, cannabis were classified as low or average risk. It is concluded that universal prevention strategies are needed for late adolescent alcohol, tobacco and cannabis use and more targeted strategies for addressing harm related to early age drug use, frequent cannabis use and illegal drug use. [Stockwell T, Toumbouru JW, Letcher P, Sanson A, Bond L. Risk and protection factors for different intensities of adolescent substance use: when does the prevention paradox apply?

Prevalence of health promotion policies in sports clubs in Victoria, Australia

In recent years, some health agencies offered sponsorship to sporting associations to promote healthy environments by encouraging clubs to develop health-related policies. However, the extent to which these sponsorship contracts reach their stated aims is of concern. This study aimed to quantify levels of policy development and practice in sports clubs for each of five key health areas, namely smoke-free facilities, sun protection, healthy catering, responsible serving of alcohol and sports injury prevention. Representatives from 932 Victorian sports clubs were contacted by telephone with 640 clubs (69%) participating in the survey. Results suggested that the establishment of written policies on the key health areas by sports clubs varied widely by affiliated sport and health area: 70% of all clubs with bar facilities had written policies on responsible serving of alcohol, ranging from 58% of tennis clubs to 100% of diving and surfing clubs. In contrast, approximately one-third of sports clubs had a smoke-free policy, with 36% of tennis, 28% of country football and 28% of men's cricket clubs having policy. Moreover, 34% of clubs overall had established sun protection policy, whereas clubs competing outside during summer months, [diving (86%) and life-saving (81%)] were most likely to have a written sun protection policy. Injury prevention policies were established in 30% of sports clubs, and were most common among football (56%), diving (43%) and life-saving (41%). This study suggests that policy development for health promotion can be achieved in sports clubs when it is well supported by health agencies and consideration is given to the appropriateness of the specific behaviours to be encouraged for a given sport. Communication between associations and clubs needs to be monitored by health agencies to ensure support and resources for policy development to reach the club level.

Australia's regional forest agreement process: analysis of the potential and problems

The 1990s heralded a new era in forest policy in Australia with the introduction of The National Forest Policy Statement which provided a framework under which native forest resources would be protected whilst also permitting ecologically sustainable timber harvesting. However, the implementation of the statement through the Regional Forest Agreements by state governments appear to contradict the conditions of the policy. Political bias towards development imperatives in implementing RFAs is evident. Community involvement in RFAs has not been satisfactory for sustainable forest use and management, with ongoing dissatisfaction from some stakeholder groups. There is still increased demand for protection of what remains of the various forest reserves. Aboriginal issues have not been settled in line with the expectation of the policy. There are continuing conflicts between the Commonwealth Government and some state governments

Health impact assessment in Australia

A recently published paper which describes the status of health impact assessment (HIA) in Australia in 2003 provides a vantage point from which to see how rapidly HIA is developing across the country. When the report Health impact assessment: a tool for policy development in Australia was released in 2002 there was little use of HIA beyond environmental management applications. By late 2005, most states and territories are undertaking a variety of HIA activities either routinely or experimentally. Traditional divisions between environmental project-level applications that focus on health protection and public health policy-level applications that focus on health promotion, are largely disappearing. These are being replaced by a growing understanding of the need for complementarity in approach and cross-sectoral working. This is not to say that there are high levels of activity, but both awareness and action are increasing.

The role of Riparian habitats in forest mosaics in promoting Avifauna at the landscape scale

The importance of riparian habitats to bird communities is well documented internationally, however the value of these habitats in largely intact landscapes is less well understood, particularly in Australia. Thirty paired riparian and adjacent non-riparian sites were selected within extensive forest mosaics of the Victorian Central Highlands and were surveyed over a two year period. Bird assemblages occurring within riparian habitats supported a significantly greater richness, abundance and diversity of species. These assemblages were also found to have species compositions significantly different from those occurring at adjacent non-riparian sites separated by a distance of approximately 750 m. Differences were attributed to a suite of distinctive species and significant contrasts in the densities of a range of species that occur in both habitat types. At the landscape level, there was a strong patterning of the avifauna centred on riparian habitats. Bird assemblages typically comprised four distinct suites of species: 1. species widespread in forests and woodlands of southeastern Australia; 2. riparian associated species (wet forest intruders); 3. riparian selective species, and; 4. riparian avoiding species. Both physiognomic and floristic differences between riparian and adjacent non-riparian habitats appear to drive responses in the structure of bird communities. There exists a distinctiveness and variability among the range of vegetation types and associated bird assemblages occurring throughout the forest matrix, including in riparian habitats. The occurrence of complimentary bird assemblages throughout the landscape mosaic highlights the importance of whole landscape planning for avifauna conservation.

Critical perspectives on refugee policy in Australia : proceedings of the Refugee Rights Symposium hosted by the Institute for Citizenship and Globalisation, Faculty of Arts, Deakin University, December 5, 2002

Keynote addresses: What next for Australia's refugee policy? / Peter Mares -- One year after Tampa: refugees, deportees and TPVs / Chris Sidoti -- Academic papers: The tension of re-other-ing bodies / Snezana Dabic -- Acting for asylum: the nexus of pro-refugee activism in Melbourne / Helen Hintjens & Alison Jarman -- Biopolitics and the 'problem' of the refugee / Matthew Holt -- Temporary protection of refugees: Australian policy and international comparison / Fethi Mansouri & Michael Leach --The not-so-special benefit and non-mutual obligation: refugees on a TPV and income support arrangements / Greg Marston -- Family separation: Somali women in Melbourne / Celia McMichael & Malyun Ahmed -- Embodying exile: protest, performance, trauma and effect in the formation of East Timorese refugee identities / Amanda Wise -- Personal and Community Sector Perspectives -- A personal experience of the TPV policy / Mueen Al-Breihi -- A city of refuge?: protecting the social and cultural rights of refugees in Brisbane / Renae Mann -- Temporary protection visas, recovery from trauma and personal identity / Helen Martin -- All I ask for is protection: young people seeking asylum in Australia / Samira Mohamed.