Commonwealth war graves commission

This article discusses the treatment of soldiers' bodies at Gallipoli, from death on the battlefield to the creation of permanent cemeteries and memorials by the Commonwealth War Graves Commission.

Requiem for Empire : Fabian Ware and the Imperial War Graves Commission

More than one million soldiers of the British Empire died in the First World War. The Imperial War Graves Commission, created in 1917, had as its mandate the obligation to care for their graves and memorials, in 1850 cemeteries in more than 100 countries around the globe. Its founder, Fabian Ware, hoped and expected this Commission to have even more enduring effects, yet the political origins of the organisation remain little understood. This chapter looks beyond the monuments erected by the Imperial War Graves Commission to the ideals and intent of its creators. It argues that the driving force behind this major commemorative work was not a desire to represent any fundamental break with the past, but an attempt to produce an institution that symbolised imperial cooperation and memorialised the war and its dead in a way that would continue to place the British Empire at the centre of world affairs.

Back to the future : the war on terror and its impact on civil liberties

This comment looks at the capacity of the Australian Constitution to protect the civil liberties of a small number of citizens and would be citizens whose lives have been forever changed by recent acts of terror and the legislative and executive actions taken by the Commonwealth in response to those terrorist acts. These legal changes have included the creation of specific "terrorism" offences, the legislative proscription of two foreign organisations and, most notably, a significant expansion of ASIO's investigative powers.1
Whilst the Constitution contains a number of provisions and principles protective of civil liberties, in most instances they cannot resist government action expressly aimed at curtailing or infringing individual rights and freedoms. To this end, steps ought to be taken to strengthen existing institutions and mechanisms capable of providing meaningful civil rights scrutiny of government legislation. The comment begins with an examination of the close historical and legal parallels that exist between the present day and the Cold War era and suggests how the High Court might interpret the defence power should a terrorist attack occur on Australian soil. It concludes with a proposed reform. The reform involves vesting Ch III courts with the power to measure Commonwealth laws against the International Covenant on Civil and Political Rights when determining a legal controversy. This may operate to secure better legislative outcomes from a civil liberties perspective without compromising the supremacy of Parliament.

General Cariappa encounters 'White Australia' : Australia, India and the Commonwealth in the 1950s

There have been a number of studies of the White Australia policy and some examination of white Australia's relationship to the new, multiracial Commonwealth that emerged after the Second World War. Drawing extensively on Indian sources, this article examines how Australia was viewed by India's high commissioner to Australia and New Zealand, General K. M. Cariappa. In the period from September 1953 to April 1956 he sparked considerable controversy by suggesting that the White Australia policy ran the risk of alienating Asian opinion and undermining the Commonwealth ideal in India and Pakistan. Cariappa maintained a high public profile throughout his stay in Australia and was widely regarded as one of the most prominent diplomats posted to Canberra in the 1950s.

Alarmed, but not alert in the "war on terror"? The High Court, Thomas V Mowbray and the Defence Power

The article examines the judgment in Thomas v. Mowbray by the High Court in Australia handed down during the so called 'War on Terror'. According to the author, (i) the High Court de-emphasized the importance of the difference between war and peace in fixing the scope of the defence power in the Australian Constitution in a manner which was inconsistent with its earlier celebrated decision in the Communist Party Case in 1950 during the Cold War; and (ii) failed to apply a sufficiently rigorous test of proportionality in characterising the impugned Commonwealth laws. The article discuss the legal background and social implications of the High Court's decision, using the Communist Party Case in 1950 as a point of comparison.

Soldier settlement after World War One in south western Victoria

This thesis addresses the physical aspects of farming on soldier settlement blocks in south west Victoria. The undeveloped land, high establishment costs, stock losses through animal diseases and lack of managerial skills all contributed to the settlers' inability to meet their financial commitments. These factors are analysed, as are the effects of declining rural commodities prices during the 1920s and 1930s. In addition, the relationship between the settlers and the successive administrative agencies is examined. The scheme was administered by the Closer Settlement Board from its inception until 1932 and much of the discussion during this period concerns the interaction between settler and inspector. Soldier settlement after World War One represented one of the last attempts to create a large body of 'yeoman' farmers. From the early 1920s there was an increasing dichotomy between the 'yeoman' and the 'managerial' ideologies. This dichotomy placed additional pressure on soldier settlers who were expected to be 'efficient' without adequate finances. In the post C.S.B. era, the focus shifts to the attempts by the Closer Settlement Commission to salvage the scheme and its greater understanding of the problems faced by the settlers. While this part of the thesis necessarily becomes more political, the physical and financial environment in which the soldier settlers worked was still an important factor in their success or failure. Unlike the C.S.B. which tended to blame soldier settlers for their situation, the Commission acknowledged that settlers' ability to succeed was often constrained by circumstances beyond their control. Under the latter administration, instalments were written off, additional land was allocated and finally the blocks were revalued to guarantee the men at least some equity in their farms. Those settlers who had survived until these changes were instituted received a 'successful outcome of their life's work'.

History of the Geelong Regional Commission

This thesis is the first systematic history of the Geelong Regional Commission (GRC), and only the second history of a regional development organisation formed as a result of the growth centres policy of the Commonwealth Labor Government in the first half of the 1970s. In particular, the thesis examines the historical performance of the GRC from the time of its establishment in August 1977 to its abolition in May 1993. The GRC Commissioners were subject to ongoing criticism by some elements of the region's political, business, rural and local government sectors. This criticism focused on the Commissioners' policies on land-use planning, their interventionist stance on industrial land development, major projects and industry protection and their activities in revitalising the Geelong central business district. This thesis examines these criticisms in the light of the Commission's overall performance. This thesis found that, as a statutory authority of the Victorian Government, the GRC was successful over its lifetime, when measured against the requirements of the Geelong Regional Commission Act, the Commission's corporate planning objectives and performance indicators, the corporate performance standards of private enterprise in the late 1990s, and the performance indicator standards of today's regional economic development organisations in the United States of America, parts of the United Kingdom and Australia. With the change of Government in Victoria in October 1992 came a new approach to regional development. The new Government enacted legislation to amalgamate six of the nine local government councils of the Geelong region and returned regional planning responsibilities to the newly formed City of Greater Geelong Council. The new Government also made economic development a major objective of local government. As a result, the raison d'etre for the GRC came to an end and the organisation was abolished.

Devaluation of a constitutional guarantee : the history of section 51(xxiiiA) of the Commonwealth Constitution

This article describes constitutional and socio-historical background to the referendum that led to the inserrion of s 51(xxiijA) into the Commonwealth Constitution. It traces judicial interpretations of the clause 'but not so as to authorise any fonn of civil conscription' through the major cases, including British Medical Association v Commonwealth, General Practitioners Society v Commonwealth, and Alexandra Private Geriatric Hospital Pty Ud v Commonwealth. The issue of the powers of the Commonwealth to regulate private medical practice without infringing the constitutional guarantee against civil conscription is analysed in the context of the development of National Health Care Schemes for financing medical benefits (Health Insurance Commission v Peverill). Constitutional aspects of the 1995 legislation enabling the introduction into Australia of purchaser-provider agreements ('managed care ') are also examined. Finally, the article questions the constitutionality of the Australian Competition and Consumer Commission s powers to regulate the essential elements of the patient-doctor relationship.

The establishment of the Judicial Appointments Commission in Malaysia to improve the constitutional method of appointing the judges of the superior courts : a critical study

The Judicial Appointments Commission was established in Malaysia in 2009 to ensure unbiased selection of judicial candidates for the consideration of the Prime Minister, who has the final say regarding the appointment of judges to the superior courts. But the provisions concerning Prime Minister’s power to appoint the majority of the members of the Commission and his unfettered power of removing four of the five appointed members without assigning any reason, have calculatedly been devised for ensuring the selection of judicial candidates having right political patronage in accordance with the covert wishes of the Prime Minister. Furthermore, the Prime Minister’s power of rejecting the Commission’s recommendations of multiple candidates renders the undertaking of a lengthy process of selection unproductive and useless. Thus the Judicial Appointments Commission has become a superfluous body with an ineffective modus operandi to attain the stipulated objectives of improving and complementing the constitutional method of appointing judges to the superior courts. Since the Federal Constitution of Malaysia has not empowered the Parliament to enact a law providing for the establishment of a Judicial Appointments Commission, it also appears that the Judicial Appointments Commission Act 2009 is an invalid piece of legislation.