The rise and rise of Crown appeals in Victoria

Increasing numbers of Crown appeals against sentences in Victoria - majority of appeals have been successful - what has occurred in relation to Crown appeals against sentence in the Victorian Court of Criminal Appeal between February 2002 and February 2004 - whether increase in Crown appeals is a continuing phenomenon - comparison with the jurisdictions of New South Wales and the UK - principles that govern Crown appeals may need to be reconsidered.

Crown appeals against sentence in Victoria : results and implications of an empirical study

Empirical study between 2002 and 2004 on decisions of the Victorian Court of Criminal Appeal relating to sentencing appeals - increase in number of Crown appeals - possible reasons - increasing success of Crown appeals - implications for criminal justice system - higher success on the basis of manifest inadequacy for the Crown than for sentenced persons on the same ground of manifest excess - reconsideration of principles concerning Crown appeals.

Regulatory failure? The case of Crown casino

This is a story of regulatory failure, failed implementation of responsible gambling, failed performance against international best practice benchmarks, targeting of vulnerable groups like senior citizens and patrons served drinks to the point of intoxication and then expelled onto the streets of Southbank.

Earth resources activities on Crown land: guidelines and procedures for land managers

The purposes of this document are to:
• outline some processes in relation to the administration and/or handling of earth resources activities (particularly exploration and mining for minerals) on Crown land;
• provide Crown land managers with guidelines and procedures to assist in administration of exploration and mining cases;
• provide a broad framework within which regional or localised guidelines and procedures can be developed or utilised;
• provide guidance to proponents wishing to undertake exploration or mining for minerals on Crown land.

“Giving Dracula the keys to the blood bank? Interrogating the Fifth Crown Casino Licensing Regulatory Review

Drawing on narrative analysis, this paper analyses the 2013 Fifth Regulatory Review of the license of an Australian casino as a case study focused on the framing and articulation of ‘responsible gambling’ (RG) in the Review. Part 1 sets out the policy and regulatory context for the licensing review of Melbourne’s Crown Casino. Part 2 overviews the structure/content of the Review; the key messages of the Reviewers’ narrative and its main recommendations. In reflecting on the Review in Part 3, analysis focuses on the investigation and recommendations regarding Responsible Gambling, which has gained recent policy priority. The analysis interrogates the Review’s findings, narratives, processes and evidentiary base in relation to how it presents and assesses casino performance on RG. In doing so, it focuses on the Victorian Commission for Gambling and Liquor Regulation’s Review’s framing of RG; sources of evidence drawn on by the Review; an assessment of the casino’s loyalty club feature ‘Play Safe’, as an RG measure; the Review’s assessment of casino performance on RG and its Code of Conduct in particular; and the Review’s framing of RG recommendations. It concludes with reflections on governance issues raised by the Review, the need for more focus on the neglected area of regulatory licensing and enforcement (OECD, 2011; 2012; OECD & European Commission, 2009) and the need for independent regulatory reviews that address conflicts of interest on the part of both Government and the Regulator.

Crown land management from a volunteer perspective: the Victorian example

A legion of 8000 volunteer committee members work behind the scenes to manage Crown land reserves across Victoria, also undertaking on-ground works and a multitude of other tasks to safeguard the upkeep of natural and built public assets. These local Committees of Management operate in a largely delegated manner on behalf of the Victorian Government. A number of societal trends appear to be threatening their work. This exploratory study asked a small non-representative sample of committee members, in group interviews, to assess their motives for undertaking this unpaid service and their perceptions of the key challenges associated with volunteering in public land management. The interviews identified four motivations to explain committee participation: (1) community improvement; (2) family legacy; (3) user group representation; and (4) socialising. The implications of these findings for government and communities, in terms of attracting new recruits to Committees of Management and retaining the existing cohort of experienced members, are discussed.

Food preferences of juvenile corallivorous crown-of-thorns (Acanthaster planci) sea stars

Population outbreaks of adult Acanthaster planci cause significant reductions in coral cover and reduce the resilience of coral reefs, but little is known about the behaviour and food preference of juvenile A. planci. In 2014, food preferences and feeding rates of recently settled (<1 year) juvenile A. planci were tested and determined at the National Sea Simulator facilities of the Australian Institute of Marine Science. Juveniles were offered eight species of coral (Acropora formosa, A. millepora, A. tenuis, Pavona cactus, Echinopora lamellosa, Pocillopora damicornis, Stylophora pistillata and Porites lutea), known to be either consumed or avoided by adult sea stars, in a multiple-choice and a no-choice experiment. In the multiple-choice experiment, a preference for A. tenuis was detected, while S. pistillata, E. lamellosa and P. lutea were avoided. The no-choice experiment showed that the avoidance of these species was not influenced by the presence of other coral species, the exception being E. lamellosa, which was only consumed when no other choice was offered. Interestingly, all juveniles consuming E. lamellosa died post-predation. The study suggests that as A. planci matures it feeds on a wider range of species, even those which would have been lethal to them if consumed as a juvenile.

α,ω-Bis(trichlorostannyl)alkanes: unravelling the hydrolysis pathway to organotin-oxo oligomers

New α,ω-bis(trichlorostannyl)alkanes, Cl₃Sn(CH₂)_nSnCl₃ [n = 3-5, 8], have been synthesized via tin-phenyl bond cleavage reactions on α,ω-bis(triphenylstannyl)alkanes, Ph₃Sn(CH₂)_nSnPh₃ [n = 3-5, 8], using either SnCl₄ or concentrated hydrochloric acid. Some key missing links, (H₂O)Cl₃Sn(CH₂)₃SnCl₃(H₂O) (1a) and (H₂O)₂Cl₃Sn(CH₂)₃SnCl₃(H₂O)₂ (6), in the hydrolysis pathway of organotin trichlorides were identified. Crystal structures of the nonassociated di-tin compounds (H₂O)Cl₃Sn(CH₂)₃SnCl₃(H₂O) (1a) and (H₂O)₂Cl₃Sn(CH₂)₃SnCl₃(H₂O)₂ (6, isolated as the 18-crown-6 cocrystal acetonitrile solvate) as well as the polymeric hydrolysis product [H₂O(OH)Cl₂Sn(CH₂)₃SnCl₂(OH)H₂O·₂H2O]_n (7·2H₂O) are reported.

Integrated natural resource management in Australia: the opportunity offered by a national coastal policy

Under the Australian Constitution the management (and planning) of Crown Land is a State and Territory Government responsibility. When this is considered in conjunction with the Offshore Constitutional Settlement, which affirmed that coastal waters out to three nautical miles (in general) offshore were also the responsibility of State and Territory Governments, then clearly coastal management in Australia is largely a State/Territory responsibility.

Beyond three nautical miles it is a different story. Under the United Nations Law of the Sea Convention (UNCLOS), which Australia ratified in October 1994, Australia claims jurisdiction out to 200 nautical miles and beyond (Wescott, 2000). These waters cover an area including the Antarctic claim of over 15 million square kilometres or twice the land area of Australia.

Hence in marine and coastal terms we have the national (Commonwealth) Government managing the oceans and seven State and Territory governments largely in charge of coastal management (coastal land and coastal waters). Heading "up river", State and Territory Governments plan and manage catchments.

Given the uncoordinated relationships between Australian coastal management policy and both catchment management policy and Australia's Ocean Policy (Commonwealth of Australia, 1998a and b), the Commonwealth Government's commitment to a "National Coastal Policy" presents an opportunity to progress the integration of natural resources management for the first time in decades.

Feudal tenure and native title: revising an enduring fiction

This article argues that the feudal doctrine of tenure continues to endure as the foundation for Australian land law despite its obvious social and historical irrelevance. The doctrine of tenure is a derivation of feudal history. The article examines some of its historical foundations with the aim of highlighting the disparity between the fiction of this inherited form and the reality of a colonial Australian landscape. Particular attention is given to the fact that Australian feudal tenure was always a passive framework. It was disconnected with the landscape and therefore incapable of responding to the needs of colonial expansion. This resulted in a clear disparity between feudal form and the reality of a land system populated by statutory grants. The article argues that feudal tenure was never truly devised as a responsive land system but rather, adopted as a sovereignty device. In this sense, legal history was utilised with the aim of promoting imperial objectives within colonial Australia. Tenure was equated with absolute Crown ownership over all Australian territory despite the fact that this was inconsistent with the orthodox tenets of feudal tenure.
The article argues that the consequence of adopting feudal tenure and absolute Crown ownership has been the estrangement of indigenous rights, title and culture. The creation and legitimisation of a land framework with a fundamentally Eurocentric perspective completely destroyed indigenous interests during the settlement and colonial era. It created an imperial ideology where colonists silently accepted the denial of indigenous identity. The decision of the Mabo High Court to reassess this historical perspective and accept the validity of proven native title claims clearly disturbed tenurial assumptions. However, the High Courts' reification of the feudal form created a fundamental paradox: indigenous title was accepted as a proprietary right within a framework incapable of and unequipped to recognise the fundamentally different cultural perspectives of customary ownership. The article argues that native title cannot evolve within a common law framework that regards ownership as a derivation of the English Crown. It is suggested that ultimately, a pluralist property culture, where indigenous and non-indigenous title exist as equalised entities, can only be properly nurtured with the full and absolute abolition of the feudal doctrine of tenure.

Disinterested truth: legitimation of the doctrine of tenure post-Mabo

This article argues that it is time for the complete abolition of feudal tenure in Australian land law and its replacement with an allodial model better able to promote proprietary independence, equality and cultural neutrality. The article considers the questionable constitutional legitimacy of adopting strict feudal tenets in a territory already inhabited by indigenous occupants. It goes on to examine the various legitimation devices that the courts have utilised to sustain the feudal construct and the effect that Mabo has had upon feudal orthodoxy. In particular, the article outlines why post-Mabo tenure is incapable of embracing a pluralist land system; it is suggested that the Eurocentric character of feudal tenure and the structural impediments associated with the acceptance of a non-Crown title prevent it from ever being able to effectively integrate native title into the structure of property law. In light of this, the article argues that post-Mabo tenure lacks both legal and social legitimacy and the 'disinterested' perpetuation of this system must be brought to an end. The article argues that the time has well and truly come to replace feudal tenure with an allodial model based broadly on the system that has developed in the United States but with particularised adaptations. The removal of the Crown and its associated cultural assumptions from the land framework would, it is argued, allow land interests to develop according to their individual cultural origins. This would create a more responsive and balanced system better equipped to embrace the developments of contemporary common law jurisprudence.

The stolen generations- Canada and Australia. The legacy of assimilation

Comparison of issues regarding the policy of Australian and Canadian governments of removing aboriginal children from their families and placing them in institutions - some Canadian claimantThis article provides a comparative overview of issues pertaining to the stolen generation in Canada and Australia. It includes a historical overview of the removal and detaining of aboriginal children in Canada and Australia. As a consequence of the revelations of this past practice, litigation has been undertaken by members of the stolen generations in both Canada and Australia. The article includes a summary of the key cases in Canada and Australia. Unlike in Australia, some Canadian aboriginal claimants have successfully brought actions for compensation against the federal Canadian government for the damages stemming from their experiences in the aboriginal residential schools. In the course of this discussion, the various causes of actions relied upon by the plaintiffs are examined While the plaintiffs in these leading Canadian cases were ultimately successful under at least one of their heads of claim, the approaches in these cases in regard to the Crown's liability for breaching fiduciary duties, the duty of care, and non-delegable duties is inconsistent. Thus even in regard to the Canadian jurisprudence key legal issues pertaining to the Crown's liability for the aboriginal residential school experience continues to be unresolved.

The best interests of the child? The stolen generation in Canada and Australia

Key cases in Australia and Canada dealing with litigation undertaken by members of the stolen generations - considers vicarious liability, non-delegable duties and duty of care - while plaintiffs in leading Canadian cases were successful under at least one of their heads of claim, there were inconsistencies - Crown's liability for the Aboriginal residential school experience is unresolved - key Australian decisions where plaintiffs' claims against the Crown for vicarious liability and breaches of duty of care were rejected.