The court and the factory the legal construction of occupational health and safety offences in Victoria

This thesis reports on an empirically based study of the manner in which Victorian Magistrates Courts constructed occupational health and safety (OHS) issues when hearing prosecutions for offences under the Industrial Safety, Health and Welfare Act 1981 (the ISHWA) and the Occupational Health and Safety Act 1985 (OHSA) from 1983 to 1991. These statutes established OHS standards for employers and other relevant parties. The State government enforced these standards through an OHS inspectorate which had a range of enforcement powers, including prosecution. After outlining the historical development of Victoria’s OHS legislation, the magistracy’s historical role in its enforcement, and the development of an enforcement culture in which inspectors viewed prosecution as a last resort, the study shows how the key provisions of the ISHWA and OHSA required occupiers of workplaces and employers to provide and maintain safe systems of work, including the guarding of dangerous machinery. Using a wide range of empirical research methods and legal materials, it shows how the enforcement policies, procedures and practices of the inspectorate heavily slanted inspectors workplace investigations and hence prosecutions towards a restricted and often superficial, analysis of incidents (or “events”) most of which involved injuries on machinery. There was evidence, however, that after the establishment of the Central Investigation Unit in 1989 cases were more thoroughly investigated and prosecuted. From 1990 the majority of prosecutions were taken under the employer’s general duty provisions, and by 1991 there was evidence that prosecutions were focusing on matters other than machinery guarding.

Qld floods inquest : stories of courage, sacrifice in emotional replay

"The last acts of courage and sacrifice by parents desperately trying to save their children as a deadly flash flood ripped through south-east Queensland in January fell like repeated emotional hammer-blows on survivors in the public gallery of the Brisbane Coroners Court yesterday. The speed with which the disaster tore lives and homes apart on January 10 was replicated by the speed at which police summarised the circumstances of the deaths for the coroner. After months of investigation by hundreds of police, the final desperate minutes of 14 people’s lives were summed up for the court before the morning tea break, in as little as three minutes each."

Lawyers behaving badly in mediations : lessons for legal educators

This article will discuss some real life case examples of what will be termed “lawyers behaving badly” where it will be argued that legal representatives have not performed as effectively as they could have in mediation settings. These instances of “lawyer misbehaviour” will be grouped under several broad headings: the Process Thwarter, the Zealous Adversarial Advocate, the Misguided Advisor, the Distributive Bargainer, the Passive Advocate, and the Legal Takeover. Reflecting on these situations will provide guidance to legal educators as to the specific areas of dispute resolution knowledge and skills that future lawyers need to learn and develop.

Creating a legal framework for copyright management of open access within the Australian academic and research sector

This chapter analyses the copyright law framework needed to ensure open access to outputs of the Australian academic and research sector such as journal articles and theses. It overviews the new knowledge landscape, the principles of copyright law, the concept of open access to knowledge, the recently developed open content models of copyright licensing and the challenges faced in providing greater access to knowledge and research outputs.

Workplace Learning in Physical Education : Emerging Teachers’ Stories from the Staffroom and Beyond

Pre-service and beginning teachers have to negotiate an unfamiliar and often challenging working environment, in both teaching spaces and staff spaces. Workplace Learning in Physical Education explores the workplace of teaching as a site of professional learning. Using stories and narratives from the experiences of pre-service and beginning teachers, the book takes a closer look at how professional knowledge is developed by investigating the notions of ‘professional’ and ‘workplace learning’ by drawing on data from a five year project. The book also critically examines the literature associated with, and the rhetoric that surrounds ‘the practicum’, ‘fieldwork’ ‘school experience’ and the ‘induction year’. The book is structured around five significant dimensions of workplace learning: Social tasks of teaching and learning to teach Performance, practice and praxis Identity, subjectivities and the profession/al Space and place for, and of, learning Micropolitics As well as identifying important implications for policy, practice and research methodology in physical education and teacher education, the book also shows how research can be a powerful medium for the communication of good practice. This is an important book for all students, pre-service and beginning teachers working in physical education, for academics researching teacher workspaces, and for anybody with an interest in the wider themes of teacher education, professional practice and professional learning in the workplace.

‘The struggle for welcome’ : valuing difference through refugee stories in the English Curriculum

This paper is concerned with how refugee stories can be used as the means of exploring values and developing intercultural understanding in the English classroom. To illustrate this possibility, André Dao’s (2005) Vuot Bien – The Search for Freedom: Huong Thi Nguen’s Story, about the impact of war and oppression on people’s lives, together with the experience of seeking freedom and acceptance in Australia as a Vietnamese refugee, is selected as the text for a Year 9 English class. In examining the features of this short story, we also consider how recent efforts to foster intercultural understanding in the new national curriculum in Australia might be advanced in the English classroom. We argue that this text and others in the genre of refugee narratives written by young people, provide vicarious opportunities to analyse how valuing freedom and having the courage to seek it can be brought to light when an individual survives one life and begins the challenges of creating a new life among strangers. Examining the values dimensions of such texts also allows young people to unpack and critique the ways in which cultural experiences, including their own, shape and form identities and how engaging with the experiences of others can be the vehicle for valuing difference. We hope our discussion might encourage teachers in other countries undergoing cultural shifts in response to the movements of people will be encouraged to consider this ‘double entendre’ in which the refugee experience is shaped not only by ‘the journey’ and also by ‘the arrival’ and the degree to which newcomers, refugee or asylum seekers, are made welcome by the receiving community.

Treatment for gender dysphoria in children : the new legal, ethical and clinical landscape

- Gender dysphoria is a condition in which a child's subjectively felt identity and gender are not congruent with her or his biological sex. Because of this, the child suffers clinically significant distress or impairment in social functioning. - The Family Court of Australia has recently received an increasing number of applications seeking authorisation for the provision of hormones to treat gender dysphoria in children. - Some medical procedures and interventions performed on children are of such a grave nature that court authorisation must be obtained to render them lawful. These procedures are referred to as special medical procedures. - Hormonal therapy for the treatment of gender dysphoria in children is provided in two stages occurring years apart. Until recently, both stages of treatment were regarded by courts as special medical treatments, meaning court authorisation had to be provided for both stages. - In a significant recent development, courts have drawn a distinction between the two stages of treatment, permitting parents to consent to the first stage. In addition, it has been held that a child who is determined by a court to be Gillick competent can consent to stage 2 treatment. - The new legal developments concerning treatment for gender dysphoria are of ethical, clinical and practical importance to children and their families, and to medical practitioners treating children with gender dysphoria. Medical practitioners should benefit from an understanding of the recent developments in legal principles. This will ensure that they have up-to-date information about the circumstances under which treatment may be conducted with parental consent, and those in which they must seek court authorisation.

Making stories matter: Using participatory new media storytelling and evaluation to serve marginalised and regional communities

In this chapter, we draw on our experiences facilitating community storytelling workshops in regional Queensland in partnership with the Queensland branch of Oral History Association of Australia (OHAA Qld) in order to develop a best practice model for promoting creative approaches to recording oral narratives using digital tools, informed by creative writing practice and embedded evaluation (Klaebe 2012 & 2013). These experiences offer an insight into how creative approaches to training can facilitate the sharing and preservation of stories in regional communities.

Valé Bunny Watson? Law librarians, law libraries, and legal research in the post-internet era

Katharine Hepburn’s entertaining portrayal of reference librarian Bunny Watson in Desk Set (1957) moves her character from apprehension about new technology to an understanding that it is simply another tool. This article outlines the impact of technology on academic legal research. It examines the nature of legal research and the doctrinal method, the importance of law libraries (and librarians) in legal research, and the roles and implications of the Internet and web search engines on legal research methods and education.

Is climate change litigation an effective strategy for promoting greater action to address climate change? What other legal mechanisms might be appropriate?

In recent times a widespread consensus on the reality and gravity of anthropogenic climate change has emerged. Perceived inadequacies in the Australian government’s legal and policy responses to climate change issues have resulted in environmental activists increasingly turning to the courts as a strategy to promote greater action to address adverse climate impacts. The efficacy of this strategy for achieving climate goals is limited by the time and expense of litigating, the restrictions inherent in environmental law administrative challenges, and the possibility that judicial decisions may be overruled by the legislature. To date, climate change litigation in Australia has met with varied success, yet its significance extends beyond the court room as an important mechanism for raising public, political and commercial awareness about climate change issues. Ultimately, however, the types of far-reaching changes needed to mitigate and manage adverse climate impacts require strong regulatory backing. The most effective approach to addressing the complex challenges posed by climate change is a coordinated suite of regulatory measures spearheaded by the Federal Government.

Legal Theories : Contexts and Practices [2nd ed.]

Legal Theories: Contexts and Practices presents legal theory as a living and evolving entity. The reader is brought into its story as an active participant who is challenged to think about where they sit within the history and traditions of legal theory and jurisprudence. This second edition explores how lawyers and the courts adopt theoretical and jurisprudential positions and how they are influenced by the historical, social, cultural, and legal conditions characteristic of the time in which they live. It considers how legal theories, too, are influenced by those conditions, and how these combined forces influence and continue to affect contemporary legal thinking and legal interpretation.