Misunderstanding or Misdirection?: Whistleblower Protection in Queensland

In his report into corruption in Queensland, Fitzgerald listed whistleblower protection as a necessary part of a strong governance regime. "What is required is an accessible, independent body to which disclosures can be made, confidentially (at least in the first instance) and in any event free from fear of reprisals." It was one of the reforms studied by the Electoral and Administrative Review Committee, the report of which resulted in the Whistleblowers Protection Act 1994 (WPA). The need for whistleblower protection was supported by all sides of Parliament. The Premier, Wayne Goss, in his Second Reading Speech on the Public Sector Ethics Bill , said that that Act and the WPA would form a package with the former outlining required behaviour and the WPA encouraging staff to report wrongdoing. The WPA was subsequently passed and has remained virtually unamended for over a decade. Such consistency is either an indication of skilled drafting and effectiveness or the fact that the Act has been neglected. It is the hypothesis of this paper that the latter is the case. This hypothesis will be tested by examining the sincerity and diligence with which the Act has been treated during, and following, its passage.

Abstimmen oder Schwimmen? Plebiszitarer Sport und synchronisierte Wahlen. [Sink or swim: Plebiscitary sport and synchronised voting.][In German]

This chapter starts from the observation that new sporting attributes are growing up unnoticed in popular entertainment and ‘reality’ TV. They celebrate not individual heroics but spectator-oriented teamwork which must look effortless and stylish. Instead of objective measurements – ‘faster, higher, stronger’ – winners are picked by voting and consumer choice. Sport and media are converging and integrating. As they do so, what counts as sport, why it is valued, and what it symbolises for contemporary culture, are all changing. I take these changes to be emblematic of something emergent in the culture at large as the modernist paradigm shifts towards a new consumerist paradigm. This is symbolised in new sports, of which the paradigm example is synchronised swimming. The chapter traces these changes via the career and legacy of the Australian swimming and fashion pioneer Annette Kellerman.

Electronic workplace surveillance and employee privacy : a comparative analysis of privacy protection in Australia and the United States

More than a century ago in their definitive work “The Right to Privacy” Samuel D. Warren and Louis D. Brandeis highlighted the challenges posed to individual privacy by advancing technology. Today’s workplace is characterised by its reliance on computer technology, particularly the use of email and the Internet to perform critical business functions. Increasingly these and other workplace activities are the focus of monitoring by employers. There is little formal regulation of electronic monitoring in Australian or United States workplaces. Without reasonable limits or controls, this has the potential to adversely affect employees’ privacy rights. Australia has a history of legislating to protect privacy rights, whereas the United States has relied on a combination of constitutional guarantees, federal and state statutes, and the common law. This thesis examines a number of existing and proposed statutory and other workplace privacy laws in Australia and the United States. The analysis demonstrates that existing measures fail to adequately regulate monitoring or provide employees with suitable remedies where unjustifiable intrusions occur. The thesis ultimately supports the view that enacting uniform legislation at the national level provides a more effective and comprehensive solution for both employers and employees. Chapter One provides a general introduction and briefly discusses issues relevant to electronic monitoring in the workplace. Chapter Two contains an overview of privacy law as it relates to electronic monitoring in Australian and United States workplaces. In Chapter Three there is an examination of the complaint process and remedies available to a hypothetical employee (Mary) who is concerned about protecting her privacy rights at work. Chapter Four provides an analysis of the major themes emerging from the research, and also discusses the draft national uniform legislation. Chapter Five details the proposed legislation in the form of the Workplace Surveillance and Monitoring Act, and Chapter Six contains the conclusion.

The entrepreneurial vlogger : participatory culture beyond the professional-amateur divide

In this chapter, we frame YouTube as an example of “co-creative” culture – whatever YouTube is, it is produced dynamically (that is, as an ongoing process, over time) as a result of many interconnected instances of participation, by many different people. In order to understand these co-creative relationships, it is important not to focus exclusively on how the “ordinary consumer” or “amateur producer,” are participating in YouTube; rather, we argue it is necessary to include the activities of “traditional media” companies and media professionals, and more importantly, the new models of media entrepreneurialism that are grounded in YouTube’s “grassroots” culture. Hence, this chapter focuses the role that “YouTube stars” – highly visible and successful “homegrown” performers and producers – play in modelling and negotiating these co-creative relationships within the context of YouTube’s social network; and the new models of entrepreneurship within participatory culture that they represent.