Race, place and self

This thesis examines, interrelates and contextualizes concepts of race, place and self by employing an amalgam of autobiography, interviews, literature, political analysis, infant research and psychoanalytic theory. Although the examples and narratives are South African based, principles that emerge have universal implications. Scars of apartheid mark oppressed, bystanders and beneficiaries.

Visual discrimination and reproduction of movement by individuals with an intellectual disability

This study investigates the capacity of individuals with an intellectual disability to make accurate discriminations of computer-generated displays and also to reproduce the characteristics of those displays. The findings suggest that the learning of everyday motor skills in this population may be hampered by difficulties in visually perceiving important characteristics of the demonstration. Procedures, employed for teaching these skills to intellectually disabled, are being reassessed in the light of these findings.

The potential use of otoliths for pilchard stock discrimination

Pilchards were collected from south-eastern Australian waters and aged by counting growth rings on their ear bones (otoliths). Differences in growth and population age structures were compared between regions. The shape characteristics of the ear bones were also examined using rapid, objective, semi-automated methods. Differences between the areas were shown.

Race-day carbohydrate intakes of elite triathletes contesting olympic-distance triathlon events

The aim of this study was to investigate the prerace and during-race carbohydrate intakes of elite-level triathletes contesting draft-legal Olympic-distance triathlon (ODT) events. Self-reported prerace and during-race nutrition data were collected at 3 separate ODT events from 51 elite senior and under-23 triathletes. One hundred twenty-nine observations of food and fluid intake representing actual prerace (n = 62) and during-race (n = 67) nutrition practices from 36 male and 15 female triathletes were used in the final analysis of this study. Female triathletes consumed significantly more carbohydrate on the morning before race start when corrected for body mass and race start time than their male counterparts (p < .05). Male and female triathletes consumed 26% more energy (kJ/kg) and 24% more carbohydrate (g/kg) when commencing a race after midday (1:00-1:30 p.m.) than for a late morning (11:00-11:15 a.m.) race start. During the race, triathletes consumed less than 60 g of carbohydrate on 66% of occasions, with average total race intakes of 48 ± 25 and 49 ± 25 g carbohydrate for men and women, respectively. Given average race times of 1:57:07 hr and 2:08:12 hr, hourly carbohydrate intakes were ∼25 g and ∼23 g for men and women, respectively. Although most elite ODT triathletes consume sufficient carbohydrate to meet recommended prerace carbohydrate intake guidelines, during-race carbohydrate intakes varied considerably, with many failing to meet recommended levels.

Schools as sites of race relations and intercultural tension

Australia’s education system endeavours to provide an environment in which students can learn in a safe and comfortable manner, free of fear of verbal or physical abuse. However, for many schools, the ability to create this safe environment has been undermined by a recent rise in society-wide intercultural tensions that inevitably permeate the school boundary. Empirical data from a national project about racism among Australian youth provides evidence that these intercultural tensions are generating an unsettling level of verbal, and in some cases, physical abuse in Australian secondary schools. These project findings inform the discussion presented in this paper that schools, as sites of intercultural relations, reflect wider societal attitudes. Nevertheless, this paper also contends that schools as microcosms of social realities have the potential to change social attitudes gradually, including those about diversity, culture and race. To do so, schools need to be supported by teacher education programs which explore the ways in which issues of race, culture and diversity can be incorporated in the content choice in school curriculum. This will influence positively the way in which graduating teachers approach diversity and inter-cultural tensions within their own classrooms and the wider school.

Social work and welfare education without discrimination : are we there yet?

The Australian Human Rights Commission (AHRC) has identified education as one of five crucial issues relating to the settlement of African Australians into the Australian community from a human rights perspective (AHRC 2009:5). In this paper I advocate that social work and welfare work in Australia are placed in important and multi dimensioned positions in relation to our complicities, responsibilities and potentialities with this educational human rights issue. As a Technical and Further Education (TAFE) welfare and University social work educator, I offer an outline of the ‘mutual respect inquiry approach’ that developed between myself and Southern Sudanese Australian students as a basis for discussion, reflection and change. I seek to stimulate thinking and action, particularly among those welfare work and social work educators, practitioners and students who identify as critical and anti-oppressive, to consider how these approaches can be realised and reshaped in practice to enhance not only Southern Sudanese Australians' right to education that is 'without discrimination', but indeed all students in our diversity.

Non-market strategy and the 'race to the bottom': lessons from the Baywatch experience

This article examines how international firms operate strategically in the non-market environment to secure advantages which improve their cost and/or revenue structures and, hence, their economic performance. It centres on a detailed case study of the globally popular Baywatch television show's efforts during 1999 to secure attractive locational subsidies by placing the states of New South Wales, Queensland (both in Australia) and Hawaii into competition with each other in a 'race to the bottom'. The article is organized into three main sections: the first briefly reviews the concept of non-market strategy; the second examines the Baywatch case in detail; and the conclusion presents some lessons for various stakeholders involved in this and similar non-market contexts.

Behind the conciliation doors : settling discrimination complaints in Victoria

Settling of discrimination complaints prior to substantive hearing - study of settled complaints in Victoria in the period 2006-07 - use of alternative dispute resolution mechanisms - why parties settle rather than litigate - outcomes of settlement - recommendations for reforming Australia's anti-discrimination laws.

Reducing the burden of proving discrimination in Australia

Mechanisms used in the United Kingdom and Ireland that attempt to overcome the challenges complainants face in proving discrimination - reforms - recommendation that Australia introduce a statutory 'questionnaire procedure' - burden of proof - onus of proof.

Improving the effectiveness of the Sex Discrimination Act: recommendations from the 2008 Senate Inquiry

One way to characterise the Rudd Government’s first year in office would be by the flurry of inquiries and reports that it commissioned. Three related to gender equality. The Productivity Commission conducted an inquiry into a national paid maternity, paternity and parental leave scheme and the House of Representatives Standing Committee on Employment and Workplace Relations conducted an inquiry into pay equity. This article is concerned with a third inquiry — the Senate Standing Committee on Legal and Constitutional Affairs (the committee) inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) (SDA) in eliminating discrimination and promoting gender equality. These inquiries were not the Rudd Government’s only activities in relation to sex discrimination and gender equality. It also enacted legislation which removed discrimination against same sex couples from 68 Commonwealth laws and announced its intention to accede to the Optional Protocol to the International Convention on the Elimination of All Forms of Discrimination against Women.

Against settlement? Owen Fiss, ADR and Australian discrimination law

In his celebrated article, Against Settlement, Owen Fiss objected to settlement for, among other things, securing the peace while not necessarily delivering justice and denying the court the opportunity to interpret the law. Fiss sees settlement as a technique for streamlining court dockets, the civil equivalent of plea bargaining. This paper explores Fiss’s criticisms through the lens of resolving discrimination complaints in Australia. It argues that although it is valuable to offer complainants a system for resolving complaints quickly and informally, especially in a jurisdiction in which complainants are often from marginalised groups, it is also necessary to recognise that this system is limited in how effectively it can develop the law and, by extension, eradicate discrimination. In essence, the system’s operation epitomises Fiss’ opposition to settlement. Modifying the complaint resolution system would improve this situation. The paper concludes by proposing three reforms based on mechanisms used in comparable countries: introducing direct access to the court or tribunal; strengthening ADR by making it voluntary and incorporating a ‘rights-based’ approach; and encouraging the regular publication of specific information about settlements and significant cases.

Victoria paves the way to eliminating discrimination

In April 2010, the Victorian government passed long awaited amendments to the Equal Opportunity Act 1995, which come into force in August 2011. The changes result from a review conducted by former public advocate Julian Gardner. A parallel review examined the exceptions and exemptions. Gardner’s recommendations were aimed at strengthening the Act’s effectiveness in addressing systemic discrimination and promoting substantive equality.Consequently, the Equal Opportunity Act 2010 (Vic) (EO Act 2010) introduces unique mechanisms for addressing discrimination which are worth examining in detail. This note considers the amended definitions of discrimination and focuses on the modifications of the dispute resolution process, new measures to promote substantive equality, and changes to the Victorian Equal Opportunity and Human Rights Commission’s (VEOHRC) functions.Changes to the exception and exemption provisions were examined in an earlier note.

Strategic enforcement of anti-discrimination law : a new role for Australia's equality commissions

In Australia, anti-discrimination law is enforced by individuals who lodge a discrimination complaint at a statutory equality commission. The equality commission is responsible for handling complaints and attempting to resolve them. In most instances, the equality commission cannot advise or assist the complainant; it must remain neutral. In other countries, the equality commission plays a role in enforcement, principally by providing complainants with assistance to resolve their complaint including funding litigation. The equality commission’s assistance function has been most effective when used strategically as part of a broader enforcement program, rather than on an ad hoc basis. This article discusses equality commission enforcement in the United States of America, Britain, Northern Ireland and Ireland and shows how the equality commissions have engaged in strategic enforcement in order to develop the law and secure remedies which benefit the wider community, not only the individual complainant. Based on their experience, it is argued that the Australian equality commissions should play a role in enforcement so that they can tackle discrimination more effectively.