Crossing boundaries : acts of citizenship among migrant youth in Melbourne

This paper focuses on how migrant youth in Melbourne with experience of direct or indirect migration negotiate cross-cultural engagements and tensions between family, community and the greater society in which they are supposed to participate as political subjects. It examines whether the meaning and interpretation of citizenship in Australia allows migrant youth to act as full and active citizens with all the contradictions and difficulties inherent in acting as “a bridge between two worlds”. By voicing the personalised journeys of young people dealing with uneasy questions of dis-placement, identity and belonging, this paper examines the complex ways through which migrant youth negotiate and in some cases bridge intercultural tensions within a multicultural society.

Legislation to protect whistle-blowers in Victoria

Protection afforded to whistleblowers under Victoria's Whistleblower Protection Act - benefits and costs of providing protection - types of disclosures that are protected and people who can claim protection under the Act - determining if a matter involves a public interest disclosure - investigation of disclosures by the Ombudsman, and other public bodies - action upon completion of an investigation - protection afforded to the Ombudsman.

A new era in United States cooperation in international insolvency adminstrations?

Cross-border insolvency laws are increasingly being influenced by the UNCITRAL Model Law on Cross-border Insolvency provisions. The United States has recently enacted domestic legislation based on these provisions by way of Ch 15 of the Bankruptcy Abuse Prevention and Consumer Protection Act 2005, which inserted Ch 15 into USC, Title 11. This article briefly explains the provisions of this United States legislation and draws attention to the important case law commenting and explaining same. It further attempts to alert local practitioners to the changes, benefits and detriments they may encounter when acting pursuant to this legislation.

Muslim personal law

The article examines the development of the legalism of Personal Law and provisions of community rights for disparate communities in modern India, and the role of religion and communal politics in their perpetuation. The case study undertaken here is specifically the Muslim community’s Constitutionally-sanctioned Personal law (MPL). MPL has not been without criticisms both from outside and within the community, particularly in respect of gendered disadvantages that arise within the provisions safeguarding the practices, which cover marriage, divorce, alimony, inheritance, custody, succession, and so forth.

Too good to leave, too bad to stay: anti-retaliation precautionary measures for whistle blowers

Whistle blowing is an act of exposing the wrongdoings in an organization, either committed by its members of the lower level or the top management. Many have agreed that whistle blowing is an effective means of deterring and detecting organizational mishaps. Whistle blowers have been referred to as canaries in the coal mine. The idea of telling the truth however, may result in exposure to uncontrolled risk by the whistle blower. The extent to which the whistle blower is protected and safe after information is leaked to the public or the relevant authority remains unknown. In the Malaysian context, whistle blowing is not new. Being honest is a custom among Malaysians. Honesty is deeply rooted in Malaysian culture and is supported by the high value Malaysian place on spiritual belief which also put a premium on moral virtue. But being loyal to the management is another thing. A critical issue that whistle blowers face is the tension between the virtues of honesty and the virtues of loyalty. The ethical dilemmas faced by the whistle blowers place them in situations where there are significant and difficult ethical conflicts. Recently, the Parliament of Malaysia has passed the Whistle Blowing Protection Act which was seen as an holistic approach to cover all Malaysians who were willing to blow the whistle. Some do not feel confident that such program under the Act can be accomplished in Malaysia as the Malaysian culture believing keeping things to ourselves. Thus the paper intends to explore the anti-retaliation precautionary factors mediate by the culture that will most likely explain motivational issues subordinates face in publicizing the wrongs that are harmful to the organization in Malaysia.

Small amount credit contract reforms in Australia: household survey evidence & analysis

A review of small amount credit contract regulation in Australia began in 2015 as mandated under s 335A of the National Consumer Credit Protection Act 2009 (Cth). The review panel sought comprehensive data on industry and consumer characteristics and trends. To provide such evidence, consumer groups commissioned original empirical research using data collected from a longitudinal survey that monitors the financial position and attitudes of Australian households. This data on household use of small amount credit contract loans was extracted for the last decade, allowing detailed analysis of the historical patterns and developing trends. The data indicates that overall demand for small amount short duration credit is growing in Australia, the consumer base is broadening, and the predominant form of lending today is online. Deeper analysis highlights the varying motivations of borrower households and their different stages and levels of financial difficulty. It also confirms the socio-economic, employment, educational and financial disadvantages of most households using these loans and their vulnerability to adverse changes in personal circumstances and negative external shocks.

Data protection and privacy: the Australian legislation and its implications for IT professionals

The notion of privacy takes on a completely different meaning when viewed from the perspective of an IT professional, an organisation using technology to support strategic directions or a member of the public. This paper looks past the technical issues involved in data protection and examines some of the business, social and regulatory aspects that have become important to those involved in the management, storage and dissemination of electronic information. The paper documents some of the legislative developments in privacy and data protection and examines what these developments mean for IT professionals for whom the link between data captured, stored and processed into information and the resulting effect on privacy is important. The Commonwealth Privacy Act 1988 based on work done by the Council of Europe, the OECD and the European Union provides some general guidelines but only for the public sector. However, new legislation imminent. Thus, IT professionals need to be aware of the changing situation and examine their organisation’s current practices to ensure compliance with future laws.

Derivative actions as a mechanism for the protection of minority shareholders in China: a result of convergence or divergence

The protection of minority shareholders has become one of the key features of company law reform in many countries in recent years. Various mechanisms have been created to achieve this objective. Australia has introduced the statutory derivative action procedure mainly based on models drawn from Canada and New Zealand; this provision was inserted into the Corporations Act in March 2000. China has also adopted a similar mechanism – known as the shareholder representative action; this scheme was based upon China’s understanding of statutory derivative actions in Western countries. China’s derivative action mechanism is reflected in amendments to the 2005 PRC Company Law and 2005 Securities Law that both were passed on 27 October 2005 and came into effective on 1 January 2006. The development of statutory derivative actions in different countries demonstrates the interaction between forces of convergence and divergence in company law reforms. This article reviews different mechanisms adopted in the Chinese law for the protection of minority shareholders. It especially focuses on an analysis of the nature of the shareholder representative action and the procedures for its utilisation in China – the equivalent to Western countries’ derivative actions. In comparison with statutory derivative actions in Australia, this article argues that the concept of the shareholder representative action in China rests upon a misunderstanding of Western derivative actions; this has involved a compromise between the dire need to protect shareholders and the ambiguities of a weak court system. As a consequence, China’s reforms in this area are largely a tentative gesture and are therefore unlikely to be very effective.

A comparison study of cerebral protection using Ginkgo biloba extract and Losartan on stroked rats

It has been well documented that oxidative stress is involved in stroke. Currently, many neuroprotective strategies have been targeted at molecules that are able to act as an oxidant to intervene with free-radical mediated apoptosis in the ischemic penumbra. In particular, natural products which contain antioxidant properties have undoubtedly efficacious for stroke treatment. In the current study, therapeutic effects of Ginkgo biloba extract (EGb) against cerebral protection in Wistar rats underwent middle cerebral artery occlusion (MCAO) was evaluated. A comparison study was conducted by using Losartan, an antihypertensive drug. Gene expression levels of pro-apoptotic genes (AT2 receptor, Fas, Bax and Bcl-xS) have shown to have significant reduction by EGb- and Losartan-treated groups as compared to vehicle group. Significant reduction of immunoreactivity of protein production of these genes, together with least nuclear green fluorescence observed in TUNEL, EGb, as an antioxidant drug, is concluded to have potent and promising therapeutic effect for stroke treatment.

Risk and protection factors for different intensities of adolescent substance use: when does the prevention paradox apply?

The 'Prevention Paradox' applies when low-risk individuals in a population contribute the most cases of a condition or problem behaviour by virtue of their being in the majority, thereby recommending a universal or whole of population approach to prevention. The applicability of a universal as opposed to a targeted high-risk approach to the prevention of youth substance use was examined in two studies of children and adolescents conducted in Victoria, Australia. These studies were reanalysed by recombining developmental, social and individual measures to form cumulative risk indices for substance use. In Study 1, a cross-sectional survey of students, most regular tobacco, alcohol and cannabis use by 15/16-year-olds occurred in the moderate and low-risk groups, recommending a universal prevention strategy . However, the majority of illicit drug use occurred in the highest-risk group (top 15%). Furthermore, in younger age groups both legal and illegal drug use was concentrated mainly in the highest risk group. Study 2 used data from a major longitudinal study where risk factors at around age 11/12 years were used to predict substance use at age 17/18 years. Most students who admitted involvement in frequent smoking, heavy drinking and, although to a lesser degree, cannabis were classified as low or average risk. It is concluded that universal prevention strategies are needed for late adolescent alcohol, tobacco and cannabis use and more targeted strategies for addressing harm related to early age drug use, frequent cannabis use and illegal drug use. [Stockwell T, Toumbouru JW, Letcher P, Sanson A, Bond L. Risk and protection factors for different intensities of adolescent substance use: when does the prevention paradox apply?

Hollow avowals of human rights protection-time for an Australian federal bill of rights?

Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed - a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional protection.