From the hustings to harbour views : electoral institutions in New South Wales 1856-2006

'Easy to enrol, easy to vote' was the slogan devised by the New South Wales electoral office in the 1980s. How did this system evolve from a British based model to a distinctively Australian one?

Event that never happened : the history and politics of decentralisation in Victoria and New South Wales 1885-1985

The thesis is an account of movements and policies for decentralisation of population and economic activity away from metropolitan to non-metropolitan areas in Victoria and N.S.W. in the period 1885-1985. It examines the pull from the country and the push from the capitals for decentralisation. Ballarat (Victoria) and Bathurst (N.S.W.) are used as case studies. Introductory chapters describe the historic pattern of population distribution in the two Colonies/States and discuss theories about the spatial distribution of population and industry. Chapters recounting and discussing the history and politics of decentralisation in Victoria and N.S.W. are organised in three periods: 1885-1940; 1940-1965; 1965-1985. A more decentralised distribution of population in Victoria and N.S.W. was almost always widely accepted as being in the public interest. Decentralisation rose and fell recurrently on the issue attention cycle. The pull from the country was fragmented and locally self-interested. The push from the capitals occurred only when life or its quality was perceived as threatened because of factors related to city size. Governments in both States introduced micro policies ostensibly to counter formidable centralising forces. In the 1970s there was an abortive attempt to implement a selective decentralisation policy in N.S.W. The thesis argues that decentralisation did not happen because: (1) there was not a consistent set of values and goals underlying the pull and push; (2) there was never a sustained, unified constituency for decentralisation, even in the country; (3) the power to influence, subvert or obstruct decentralisation policies was too widely diffused; (4) insufficient account was taken in decentralisation policymaking of the underlying economic, social and political dynamics.

Illusions of consensus : New South Wales stakeholders' constructions of the identity of history

This article analyses the relationships between the perspectives of stakeholders involved in the development of the 1998 New South Wales Stages 4–5 history syllabus. It examined four key issues that emerged in the debates about history education during the review and found that stakeholders' views diverged significantly on three of these issues. While loose coalitions formed around particular issues, stakeholders provided different rationales for their positions, and coalitions re-formed on other debates. The analysis highlights the divergence between stakeholders and between the Commonwealth and state governments and stakeholders on the desirable content and goals of history education. The findings indicate that consultation might not produce consensus, and that even the appearance of consensus can be grounded in substantively and philosophically different premises. In practical terms, the findings suggest that if the purpose of consultation as a method of curriculum development is to produce a syllabus that reflects the diverse perspectives held by stakeholders, then the syllabus structure needs to make provision for content options as well as common core areas of study.

The Archaeology of No man's land: Indigenous camps at Corindi Beach, mid-north coast New South Wales

At Corindi Beach on the mid-north coast of New South Wales are five twentieth century campsites located on the fringes of the township, beside the town racecourse, an area called by local Aboriginal people 'No man's land'. These campsites are important symbols of the self-sufficient lifestyle followed by the Corindi Beach Indigenous community in the twentieth century and are a physical reminder of cross-cultural relationships between local people over the last hundred years. In a collaborative research project with Yarrawarra Aboriginal Corporation, these places are being documented through studying oral history, the cultural landscape and the material culture left behind at these places.

Educational enrolment of students with a disability in New South Wales and Victoria

The extent to which legislation and special education policy have impacted on the nature of the educational enrolment of students with a disability in Australia has not been clearly addressed. Although there are no detailed and systematic national data on the enrolment of students with a disability in inclusive settings, special classes and special schools in Australia, some broad trends are apparent. The legislative background to these trends is discussed. As might be expected, there are variations in the nature of the educational enrolment of students with a disability across the states and territories of Australia. Enrolment trends in the two most populous states, New South Wales and Victoria, are examined and discussed within the context of their respective special education policies, disability discrimination legislation, and educational precedent.

Has the ban on smoking in New South Wales restaurants worked? A comparison of restaurants in Sydney and Melbourne

Objective: To evaluate compliance with a legislative ban on smoking inside restaurants by comparing smoking in Sydney restaurants (where it is legally banned) with smoking in Melbourne restaurants (not subject to a legal ban).

Design and participants: Unobtrusive observational study of restaurant patrons, and interviews with restaurant staff, carried out by 159 volunteers.

Setting: 78 Sydney restaurants with smoke-free indoor environments (as required by legislation) and 81 Melbourne restaurants not subject to legislation preventing smoking. The study took place from 20-31 October 2000.

Intervention: Legislation to ban smoking in indoor areas of restaurants was introduced in New South Wales in September 2000 (about six weeks before our study).

Outcomes: Observed incidents of smoking inside restaurants; staff attitudes to the ban; customer satisfaction as indicated by comments to staff; staff perceptions of restaurant patronage.

Results: No restaurant patrons were seen smoking in 78 Sydney restaurants during 156 hours of observation of 2646 diners, compared with 176 smokers among 3014 Melbourne diners over 154 hours of observation. Thirty-one per cent (24/78) of Sydney restaurants had experienced smokers attempting to smoke indoors after the legislation was introduced; 6% (5/78) reported instances of smokers refusing to stop smoking when asked; 79% (62/78) of restaurants had received favourable comments from patrons about the smoke-free law; 81% (63/78) of restaurant staff interviewed either supported or strongly supported the law. Since introduction of the legislation, 76% of restaurants reported normal trade, 14% increased trade, and 9% reduced trade.

Conclusions: Smoke-free restaurants do not require "smoking police" to enforce bans, present few ongoing difficulties for staff, attract many more favourable than unfavourable comments from patrons, and do not adversely affect trade.

150 years of democracy? The case of New South Wales

New South Wales has a rich history of parliamentary democracy. As the oldest of the Australian States, it has provided a microcosm of the evolution of modern British-style democracy from the ‘hustings’ of the early colonial to the harbour views of the contemporary politicians’ offices. New South Wales’ political history is also rich with experimentation. The early introduction of the secret ballot, payment for members, the abolition of plural voting, and adult suffrage are well known. Although it needs to be recognized that it followed slightly behind that ‘ Paradise of Dissent’ South Australia on all those features.

Equally fascinating is the role of the Labour Party, whose campaigning on behalf of adult suffrage and payment for Members is fairly well known. Less known, but of great interest, were its activities on behalf of electoral reform, political accountability and easier enrolment and voting, particularly for ‘ itinerants’ at a time when its political base was in the rural workforce. New South Wales Labour was significant for its decision to stand alone, in contrast with its Victorian and New Zealand counterparts, which threw in their lot with the Progressives.

Provocation in New South Wales : the need for abolition

Over the past two decades significant debate has emerged surrounding the operation of the partial defence of provocation. Such debates have led to its abolition in several Australian and international jurisdictions where Government and Law Commission bodies have argued that provocation has operated in a gender biased way that is no longer reflective of community values and expectations of justice. In contrast to the Australian states of Tasmania, Victoria and Western Australia, who have transferred consideration of provocation to sentencing, New South Wales (NSW) has retained provocation as a partial defence to murder. Drawing upon in-depth interviews conducted with legal stakeholders and an analysis of recent case law, this article considers whether the operation of provocation in NSW is still in the best interests of justice, and, specifically, whether in practice it privileges one gender above the other. This research concludes that the continued operation of provocation in NSW raises key issues surrounding the legitimisation of male violence against women, the denial and minimisation of the harm caused by lethal domestic violence, and the continued inability of the law to appropriately respond to women who kill in the context of prolonged family violence.

‘Cemented in their cells’: a human rights analysis of Blessington, Elliott and the life imprisonment of children in New South Wales

In 2010, two Australians, convicted in childhood of rape and murder, lodged a joint submission with the United Nations Human Rights Committee, claiming that successive changes to sentencing legislation in New South Wales breached their human rights by denying them any meaningful prospect of release. In this article, we examine the political, legislative and procedural moves that have resulted in Australian children being sentenced to life without parole or release. We argue that successive legislative changes in various Australian jurisdictions have resulted in a framework for sentencing decisions that is considerably out of step with international legal standards for criminal justice. These increasingly punitive legislative changes exacerbate Australia’s already declining record of cooperation with UN processes, and reveal Australia’s reluctance to respect the legitimacy and authority of international law. Against this troubling context, the views of the Human Rights Committee serve as a much-needed reminder about the importance of a principled approach to child sentencing that forecloses neither the goal of rehabilitation nor the prospect of release and reintegration.

Inspired by the past, driven by the passion: music in state-supported education in New South Wales and Victoria 1848-1920

This investigation considers the development of class music teaching in New South Wales and Victoria during the first seventy-two years of state-supported primary education. The first chapter describes the English background including music teaching methods (resulting from the mid-nineteenth century English choral singing movement) and the subsequent development of music teaching in English elementary schools. The promotion of school music is then considered on a broadly chronological basis in the two states and several themes are identified in relation to school music policy and practice. These include the status of music (core curriculum or extra-curricular subject), who should teach music (generalist or specialist teachers), what teaching methods and music notation should be used (staff or Tonic Sol-fa), musical training for generalist teachers, and curriculum content in relation to the aims and objectives of school music. Comparisons are made between developments in both states and between both states and English school music. The final chapter demonstrates the relevance of many of the historical themes identified for music education today. The thesis concludes by identifying a recurring problem from the past. namely the lack of co-ordination between various aspects of school music policy, as the most serious problem to be overcome in the future.

The political economy of maritime industry non-reform in interwar Australia: the establishment of the Maritime Services Board of New South Wales

From the First World War Australian port administration came under criticism from exporters, shipping companies and the Commonwealth government, all of whom argued that port authorities charges imposed an excessive burden on exporters. They sought the replacement of public port authorities by trusts representative of business interests. The campaign for port administration reform also diverted farmers from criticism of shipping freights and to secure their acquiescence in anti-competitive practices in the shipping industry. The formation of the Australian Overseas Transport Association in 1929 was the culmination of this campaign. Elite conservative political support for such anti-competitive practices reflected a belief that competitive capitalism was inherently unstable. The Scullin Labor of 1929-31 government abandoned Labor's earlier hostility to shipping companies to support cartelisation. Conservative state governments, in a more competitive electoral position than their federal counterparts and under greater financial pressure, deflected business calls for port administration reform. Business groups expected the NSW conservative government elected in 1932 to reform port administration towards a representative model, but the Maritime Services Board established in 1935 merely rationalised existing administrative structures. In the 1980s international economic instability legitimated the project of microeconomic reform, particularly in the maritime sector, but in the interwar period a different balance of capital, labour and the state meant that economic isolationism rather than integration was the policy outcome.