Lives in limbo : voices of refugees under temporary protection

Lives in Limbo contains the words of 35 recognised refugees languishing in Australia on temporary protection visas. But it is not merely a succession of stories. It locates these experiences solidly within the historical, political and legal context in which they are endured.

Removal of company directors in a climate of corporate collapses

The string of high-profile corporate collapses recently has provided a fresh insight into many important topics and issues in Australian corporations law. Notwithstanding this, one topic that continues to receive inadequate attention both in Australia and in foreign jurisdictions is the statutory removal of  directors. In an earlier article published in this journal, one of the present authors contributed towards addressing this lack of commentary on the topic by highlighting a number of peculiarities with the provisions under the then Corporations Law regulating the removal of directors in public and proprietary companies. Since that time, the CLERP amendments to the Corporations Law (now Corporations Act 2001) in 2000 introduced some interesting changes to the provisions dealing with the removal of directors in public and proprietary companies. In this article, the authors provide an explanation and critical analysis of these changes, and consider the recent Western Australian Supreme Court decision of Allied & Mining Process Ltd v Boldbow Pty Ltd [2002] WASC 195, which deals with some of the issues raised by the authors in relation to the CLERP amendments. According to the authors, whilst some of the peculiarities raised in the earlier article no longer exist post-CLERP, the current removal provisions still raise some important questions of interpretation.

Removal of directors of public companies takes centre stage in Australia : an exploration of the corporate law and governance issues

Increasing attention is being given to the legal and governance issues relating to the removal of directors in Australian public companies. This has been due mainly to the difficulties experienced by the board of National Australia Bank in attempting to remove one of its fellow directors, and the subsequent development of public companies entering into so-called 'prenuptial agreements' with new directors, requiring that the director 'resign' if the board pass a vote of no-confidence in the director. In this article, the author revisits the area of director removal in Australian public companies for two reasons. The first reason, which covers the majority of the article, is to engage in a detailed analysis of whether the pre-nuptial agreements which some public companies have indicated that they support using to remove directors, are in fact enforceable under Australia's Corporations Act The second reason is to outline a law reform proposal to enable public companies to remove directors without requiring the vote of shareholders at a general meeting. The proposal involves providing Australia' corporate  regulator, the Australian Securities and Investments Commission (ASIC) with the power to grant relief from the statutory removal provisions to public companies, but in a way which balances the competing objectives of commercial efficiency and shareholder participation and, very importantly, encourages good corporate governance practices by companies in relation to the performance assessment  of directors.

It is in the interests of both shareholders and directors to agree on a set of ground rules for the effective supervision of companies that reconciles the rights of the owners to overall control with the much tougher demands on modern directors

Winners or losers? Work/life balance and temporary agency workers

This article focuses upon temporary' agency workers' capacity to balance work/life needs. Two extremes are identified within the Victorian temporary agency labour market. On the one hand, there are skilled temporary agency workers employed in areas of high demand accompanied by labour shortages. Nurses are one such group. At the other extreme, there are skilled and semi-skilled temporary agency workers who face a shortfall in demand for permanent, direct hire employees. Drawing upon a survey and focus groups of temporary agency workers, their potential for achieving a satisfactory work/life balance is assessed in relation to control over working time, income and employment security, and a narrow band of employment conditions. The findings differ substantially between the two groups of agency workers, contributing to significantly different perceptions of the personal benefits of working through a temporary employment agency.

The psychological impact of extended temporary protection

Against the background of the recent international trend of a greater reliance on deterrence measures in managing the flow of asylum seekers, this paper discusses the implementation of the temporary protection visa (TPV) in Australia. It focuses on the psychological impact of the TPV policy on individual asylum seekers and how this unlimited temporary status affects the overall process of settlement. This study is based on personal narratives constructed by individual asylum seekers during one-on-one interviews aimed at sketching the mental and psychological manifestations of stressful events in their lives as TPV holders. What is particularly revealing among many of these 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 a prevalence of racialized discourses and exclusionary policies advocated by the host government. Past trauma and persecution, combined with present family separation and social exclusion, and further compounded by uncertainty about the future, had resulted in almost chronic states of anxiety and depression among a significant number of TPV holders.

Removal of arsenic from contaminated soils using different salt extractants

This study presents an environmental-friendly and cost effective method for the extraction of arsenic from contaminated soils.
Laboratory experiments using inorganic salts, potassium phosphate (KH2PO4), potassium chloride (KCl), potassium nitrate (KNO3), potassium sulfate (K2SO4), and sodium perchlorate (NaClO4) were evaluated as arsenic extractants. An Andosol soil was artificially contaminated with arsenite [As(III)] and arsenate [As(V)]. The soil was washed in a batch process with different salt solutions in the pH range 3–11 for 24 hours at 20◦C. Among the various potassium and sodium salts tested, KH2PO4 was found to be highly effective in extracting arsenic from As(III)-soil attaining more than 80% and 40% from As(V)-soil in neutral pH range. Other salts were particularly ineffective in extraction of arsenic from both soils. More arsenic was extracted more from the As(III)-soil than the As(V)-soil.

Temporary agency workers and the contribution of workplace unfamiliarity to workplace injuries

International and Australian research agrees that temporary agency workers have a higher incidence of workplace injury, and those injuries are more severe. Much less research has been undertaken upon the cause of those injuries. This paper explores one factor contributing to their poorer occupational health and safety through an examination of the role of unfamiliarity with the hosts’ tasks and workplace. The paper commences with a review of the temporary agency employment literature relevant to placing workers in unfamiliar workplaces, and the OHS literature related to timing of injuries. Archival research on investigated workers’ compensation claims for a sample of agency workers and direct hire workers in Victoria is then analysed to assess the importance of unfamiliarity, and training undertaken to overcome that unfamiliarity, for these injured workers. The analysis includes an examination of the timing of the injury in relation to the workers’ placement with the host, and regression analysis on a range of characteristics related to newness at a host’s workplace. The findings confirm that agency workers are especially vulnerable to injury early in their placement, and insufficient attention is given to accommodating unfamiliarity to counter workers’ vulnerability in new workplaces.

Removal of VOCs by photocatalysis process using adsorption enhanced TiO2–SiO2 catalyst

Volatile organic compounds (VOCs) exist widely in both the indoor and outdoor environment. The main contributing sources of VOCs are motor vehicle exhaust and solvent utilization. Some VOCs are toxic and carcinogenic to human health, such as benzene. In this study, TiO₂–SiO₂ based photocatalysts were synthesized using the sol–gel method, with high surface areas of 274.1–421.1 m²/g obtained. Two types of pellets were used as catalysts in a fixed-bed reactor installed with a UV black light lamp. Experiments were conducted to compare their efficiencies in degrading the VOCs. Toluene was used as the VOC indicator. When the toluene laden gas stream passed through the photocatalytic reactor, the removal efficiencies were determined using a FTIR multi-gas analyser, which was connected to the outlet of the reactor to analyse the toluene concentrations. As the TiO₂–SiO₂ pellets used have a high adsorption capacity, they had dual functions as a photocatalyst and adsorbent in the hybrid photocatalysis and adsorption system. The experiments demonstrated that the porous photocatalyst with very high adsorptive capacity enhanced the subsequent photocatalysis reactions and lead to a positive synergistic effect. The catalyst can be self-regenerated by photocatalytic oxidation of the adsorbed VOCs. When the UV irradiation and feeding gas is continuous, a destruction efficiency of about 25% was achieved over a period of 20 h. Once the system was designed and operated into adsorption/regeneration mode, a higher removal efficiency of about 55% was maintained. It was found that the catalyst pellets with a higher surface area (421 m²/g) achieved higher conversion efficiency (100%) for a longer period than those with a lower surface area. A full spectrum scan was carried out using a Bio-rad Infrared spectrometer, finding that the main components of the treated gas stream leaving the reactor, along with untreated toluene, were CO₂ and water. The suspected intermediates of aliphatic hydrocarbons and CO were found in minimal amounts or were non detectable. The kinetic rate constants were calculated from the experimental results, it appeared that the stronger adsorption capacity, i.e. larger specific surface area, the higher conversion efficiency would be achieved.

Temporal changes in macroinvertebrate assemblages following experimental flooding in permanent and temporary wetlands in an Australian floodplain forest

The River Murray, Australia, is a highly regulated river from which almost 80% of mean annual flow is removed for human use, primarily irrigated agriculture. Consequent changes to the pattern and volume of river flow are reflected in floodplain hydrology and, therefore, the wetting/drying patterns of floodplain wetlands. To explore the significance of these changes, macroinvertebrate samples were compared between permanent and temporary wetlands following experimental flooding in a forested floodplain of the River Murray. Weekly samples from two permanent wetlands and four associated temporary sites were used to track changes in macroinvertebrate assemblage composition. Non-metric multidimensional scaling was used to ordinate the macroinvertebrate data, indicating consistent differences between the biota of permanent and temporary wetlands and between the initial and later assemblages in the temporary sites. There were marked changes over time, but little sign that the permanent and temporary assemblages were becoming more alike over the 25-week observation period. The apparent heterogeneity of these systems is of particular importance in developing river management plans which are likely to change flooding patterns. Such plans need to maintain a mosaic of wetland habitats if floodplain biodiversity is to be supported.

Hydrological regime and macrophyte assemblages in temporary floodplain wetlands: implications for detecting responses to environmental water allocations

This study describes the macrophyte assemblages of temporary floodplain wetlands situated on the floodplain of the Murray River, southeast Australia. Wetlands in the study are subject to flooding, the frequency, duration, and magnitude of which are dictated by the current, regulated river-flow regime. Our aim was to examine the influence of the existing flooding regime on macrophyte assemblages and to trial a monitoring program, based on a multiple before-after-control-impact (MBACI) design, to detect the impact of proposed environmental water allocations (EWAs) on the wetlands. Two categories of flooding regime were identified based on the flow magnitudes required for flooding to occur (flooding thresholds). In this scheme, wetlands with relatively low flooding thresholds are classed as ‘impact’ and those with higher thresholds are classed as ‘control.’ The wetlands were surveyed over a two-year period that incorporated at least one wetting-drying cycle at all wetlands. Results showed significant differences between survey times (season and year), but differences between flooding regime categories were significant only for some components of macrophyte assemblages. Differences between survey dates appear to reflect largely short-term responses to the most recent flood events. However, macrophyte differences observed between control and impact wetlands reflected the cumulative effect of flood events over several years. Differences between control and impact wetlands were strongest for post-flooding surveys based on full assemblages (using ANOSIM) and among specific taxa and functional groups (using ANOVA). Power to detect differences between control and impact wetlands was greatest for species richness and total abundance, but taxa with low variability among wetlands, and hence good power, were actually less sensitive to hydrologic change. We conclude that the MBACI design used in this study will be most effective in detecting wetland ecosystem responses to the implementation of EWAs if response variables are carefully chosen based on their sensitivity to hydrologic change.