Extended supervision or civil commitment for managing the risk of sexual offenders : public safety and individual rights

Since the early 1990’s, there has been a proliferation of legislative initiatives in North America, the United Kingdom, and Australasia that are intended to improve public protection from high risk sexual offenders. These laws include extended supervision of sexual offenders once released from prison and indefinite involuntary civil commitment to secure treatment facilities following the expiration of a prison sentence. The enactment of these laws has sparked intense debate and numerous legal challenges on a variety of issues, including the need to strike a proper balance between public safety and the rights of individual offenders. Recent challenges to Extended Supervision Orders in New Zealand have included the assertion that this approach is inconsistent with the Bill of Rights Act. This article compares the use of Extended Supervision Orders in New Zealand to the use of civil commitment of Sexually Violent Predators in the United States, and particularly in California, which currently confines the largest number of offenders under this type of commitment. It is argued that Extended Supervision is more flexible, less intrusive, less punitive, and less costly than civil commitment. The degree to which it is effective in improving public safety remains an empirical question.

Who wants safer cities? Perceptions of public safety and attitudes to migrants among China's urban population

Most extant research in the economics of crime literature has focused on explaining variations in crime rates. Public action to prevent crime, however, is often dependent on the level of concern about public safety that is expressed in public perceptions surveys. The economics of crime literature has largely overlooked responses to such surveys as data sources and therefore it has not accounted for the role that public opinion might have in mobilizing public action against crime. We use a unique survey administered in 2003 in 32 Chinese cities to examine the determinants of perceptions of public safety among China's urban population. One of our major findings is that individuals who have a negative perception of rural-urban migrants living in their city have a poor perception of public safety. We also find that the unemployment rate, the masculinity ratio and expenditure on armed police in the city in which the individual resides, whether the individual lives in the coastal region as opposed to the central or western region and average changes in housing prices and average changes in rental prices in the city in which the individual lives are important predictors of perceptions of public safety. © 2007 Elsevier Inc. All rights reserved.

Health care provider and consumer understandings of cultural safety and cultural competency in health care : an Australian study

There is increasing recognition in Australia that racial and ethnic minority groups experience significant disparities in health and health care compared with the average population and that the Australian health care system needs to be more responsive to the health and care needs of these groups. The paper presents the findings of a year long study that explored what providers and recipients of health care know and understand about the nature and implications of providing culturally safe and competent health care to minority racial and ethnic groups in Victoria, Australia. Analysis of the data obtained from interviewing 145 participants recruited from over 17 different organizational sites revealed a paucity of knowledge and understanding of this issue and the need for a new approach to redress the status quo.

Australian property investment advice : an unregulated industry and the need for better consumer protection laws

Currently, consumers have no means of protecting themselves when they are looking for property investment advice in Australia. There is no uniform national or State regulation in the property investment advice and marketeering industry. The only protection and remedies currently available are those under the general consumer protection laws scattered in various Acts, and even so, these have numerous problems. This paper highlights what those problems are under the general consumer protection laws and suggests some changes to the current system. The paper also argues that a national co-operative approach is the only way to move forward in this area and suggests that the constitutional difficulty can be overcome by using the legislative conferral of state powers provision, which has often been overlooked. The paper also argues that a new regulator be set up to administer and enforce the new proposed laws on property investment advice.

Bushfire catastrophe in Victoria, Australia : public record, accountability, commemoration, memorialization and heritage protection

In Australia, 7 February 2009 has become known as ‘Black Saturday’ because of the bushfire catastrophe that took 173 lives and devastated communities in the central parts of the State of Victoria. The paper considers how the 2009 fires have been recorded, how the issue of accountability has been dealt with, particularly in relation to the State and its agencies but also individual residents in the fire-devastated areas, and how bushfire deaths and other losses have been commemorated through remembrance events and museum collection projects and memorialized through the creation of new monuments and the protection of remaining physical structures as official heritage. Despite the major impact of bushfires on the State, to date few bushfire-related places have been protected. The former Cockatoo Kindergarten, which acted as a community refuge during an earlier catastrophic Victorian bushfire on Ash Wednesday, 16 February 1983, is an exception. Inscribed in 2012, the former kindergarten is the only bushfire-related place inscribed on the Victorian Heritage Register, in this case for its historical and social value as a place resonating with other communities affected by other bushfires and helping the broader Victorian public to come to terms with bushfire catastrophe. But, while bushfire commemoration activities and physical memorials, like those relating to war, help many societies remember individual and community pain and suffering, they can divert attention from the more fundamental questions of why they were there in the first place and what must be done to ensure the same catastrophe does not recur in the future. In this regard, the paper questions the oft-cited claim that bushfires are embedded in the Australian psyche, seeing links between the rhetoric around bushfire survival and Australian myth-making and nation-building.

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.

Freedom of political communication, public officials and the emerging right to personal privacy in Australia

In recent times Australian courts have demonstrated a willingness to fashion a right to personal privacy at common law. The Australian Law Reform Commission has noted this impOt1ant development and said it was likely to continue in the absence of legislative action in the area. The aim of this article is to outline a theoretical framework to underpin and inform the development of this emerging right - howsoever framed - and the extent to which it is possible for the law to provide meaningful privacy protection to public officials under the Constitution.

Gambling and corporate social responsibility (CSR) : re-defining industry and state roles on duty of care, host responsibility and risk management

During the 1990s, states embraced legalised gambling as a means of supplementing state revenue. But gaming machines (EGMs, pokies, VLTs, Slots) have become increasingly controversial in countries such as Australia, Canada and New Zealand, which experienced unprecedented roll-out of gaming machines in casino and community settings; alongside revenue windfalls for both governments and the gambling industry. Governments have recognised that gambling results in a range of social and economic harms and, similar to tobacco and alcohol, have introduced public policies predicated on harm minimisation. Yet despite these, gaming losses have continued to climb in most jurisdictions, along with concerns about gambling-related harms. The first part of this article discusses an emerging debate in Ontario Canada, that draws parallels between host responsibility in alcohol and gambling venues. In Canada, where government owns and operates the gaming industry, this debate prompts important questions on the role of the state, duty of care and regulation ‘in the public interest’ and on CSR, host responsibility and consumer protection. This prompts the question: Do governments owe a duty of care to gamblers?

The article then discusses three domains of accumulating research evidence to inform questions raised in the Ontario debate: evidence that visible behavioural indicators can be used with high confidence to identify problem gamblers on-site in venues as they gamble; new systems using player tracking and loyalty data that can provide management with high precision identification of problem gamblers and associated risk (for protective interventions); and research on technological design features of new generation gaming products in interaction with players, that shows how EGM machines can be the site for monitoring/protecting players. We then canvass some leading international jurisdictions on gambling policy CSR and consumer protection.

In light of this new research, we ask whether the risk of legal liability poses a tipping point for more interventionist public policy responses by both the state and industry. This includes a proactive role for the state in re-regulating the gambling industry/products; instituting new forms of gaming machine product control/protection; and reinforcing corporate social responsibility (CSR) and host responsibility obligations on gambling providers – beyond self-regulatory codes. We argue the ground is shifting, there is new evidence to inform public policy and government regulation and there are new pressures on gambling providers and regulators to avail themselves of the new technology – or risk litigation

Domestic violence and child protection : partnerships and collaboration

The interface between the child protection and domestic violence sectors is often problematic, in that the two sectors operate relatively independently, with little integration. However, it is widely recognised that these sectors need to work more closely to enhance both women's and children's safety. This paper explores the processes needed for the child protection and domestic violence sectors to develop collaborative partnerships that lead to the provision of higher-quality responses to both women and children. Drawing on collaboration theory, a number of barriers to the development of successful partnerships are described, and applied to initiatives that seek to develop integrated approaches between child protection and domestic violence services. It is concluded that there is much scope for the two sectors to work closely together, but that the development of integrated responses involving both child protection and domestic violence services will take a significant commitment, level of determination, and stamina from both parties.