What further benefit, if any, might Australia get from the ALI-III Transnational Insolvency: Global Principles for Cooperation in International Insolvency Cases?

In 2006, the American Law Institute (ALI) and the International Insolvency Institute (III) established a Transnational Insolvency Project and appointed Professor Ian Fletcher (United Kingdom) and Professor Bob Wessels (Netherlands) as Joint Reporters. The objective was to investigate whether the essential provisions of the ALI Principles of Cooperation among the NAFTA Countries (ALI-NAFTA Principles) and the annexed Guidelines Applicable to Court-to-Court Communication in Cross-border Cases (ALI-NAFTA Guidelines) may, with certain necessary modifications, be acceptable for use by jurisdictions across the world. In 2012, Professor Fletcher and Professor Wessels presented the report Transnational Insolvency: Global Principles for Cooperation in International Insolvency Cases (“ALI-III Report”) to the Annual Meetings of the American Law Institute and the International Insolvency Institute. In 2013, the Australian Academy of Law (AAL) provided support to the authors to undertake research on the possible benefits for Australia of courts and insolvency administrators of referring to the ALI-III Report when addressing international insolvency cases. This AAL project was at the request of the Council of Chief Justices of Australia and New Zealand. This research Report compares the Global Principles for Cooperation in International Insolvency Cases with the Cross-border Insolvency Act 2008 and the UNCITRAL Model Law as it has been adopted and has force of law in Australia. Further, it examines the Global Guidelines for Court-to-Court Communications in International Insolvency Cases in light of Australian cross-border insolvency and procedural law. Finally, it makes brief reference to and commentary on the Global Rules on Conflict–of-Laws Matters in International Insolvency Cases annexed to the ALI-III Report from the perspective of Australian choice of law rules.

Successful outcomes in vocational education and training courses and mathematics: how pedagogy and expectations influence achievement

This paper reports on a four year Australian Research Council funded Linkage Project titled Skilling Indigenous Queensland, conducted in regional areas of Queensland, Australia from 2009 to 2013. The project sought to investigate Vocational Education and Training (VET) and teaching, Indigenous learners’ needs, employer culture and expectations and community culture and expectations to identify best practice in numeracy teaching for Indigenous VET learners. Specifically it focused on ways to enhance the teaching and learning of courses and the associated mathematics in such courses to benefit learners and increase their future opportunities of employment. To date thirty - nine teachers/trainers/teacher aides and two hundred and thirty - one students consented to participate in the project. Nine VET courses offered in schools and Technical and Further Education Institutes (TAFE) were nominated to be the focus on the study. This paper focuses on student questionnaire responses and interview responses from teachers/trainers one high school principal and five students as a result of these processes, the findings indicated that VET course teachers work hard to adopt contextualising strategies to their teaching; however this process is not always straight forward because of the perceptions of how mathematics has been taught and learned by trainers and teachers. Further teachers, trainers and students have high expectations of one another with the view to successful outcomes from the courses.

Unintended consequences : satellite policy and Indigenous television

This article examines two instances of media policy involving satellite transmission and Indigenous television: the introduction of the Viewer Access Satellite Television (VAST) platform in 2010 and the introduction of AUSSAT in the mid-1980s. The government’s failure to provide community and Indigenous broadcasters with an access regime at the time of AUSSAT resulted in Australia’s first and only Indigenous commercial television licensee, Imparja. Over a quarter of a century later, Imparja now forms part of the joint-venture company that runs VAST, a key component of Australia’s digital switchover planning. During the passage of the legislative amendments required to establish VAST, the issue of access resurfaced – this time in relation to Australia’s national and community Indigenous television channels. The article recounts the events leading up to the 2010 Bill, and examines the intended and unintended consequences of satellite policy in relation to Indigenous media, including equalisation and transparency of government funding programs.

The ‘Indigenous Australian’ theme in the Australian Curriculum English : necessary or not?

On Friday 10 January 2014 Education Minister Christopher Pyne formally announced a review of the inaugural Australian curriculum. In his three and half minute televised justification, Pyne (2014) identified a number of criticisms of the national curriculum document, including the ‘necessity to have themes’ of ‘Australia’s place in Asia, Indigenous Australia and sustainability’. It is the second of these themes that we consider as ALEA’s Hot Topic for March 2014. We respond to Pyne’s momentary musing of the necessity of the ‘Indigenous Australian’ theme in the Australian Curriculum with a particular focus on the discipline of English. In the nomenclature of the Australian Curriculum, Assessment and Reporting Authority’s Australian Curriculum (ACARA, 2013), we are of course referring to the ‘cross curriculum priority’ of ‘Aboriginal and Torres Strait Islander histories and cultures’.

Australian Indigenous Art : Local Dreamings, Global Consumption (Autohtona Australijska Umetnost : Lokalno Sanjarenje, Globalna Potražnja)

Indigenous Australian visual art is an outstanding case of the dynamics of globalization and its intersection with the hyper-local wellsprings of cultural expression, and of the strengths and weaknesses of state, philanthropic and commercial backing for cultural production and dissemination. The chapter traces the development of the international profile of Indigenous ‘dot’ art – a traditional symbolic art form from the Western Desert – as ‘high-end’ visual art, and its positioning within elite markets and finance supported by key international brokers, collectors and philanthropists.

Co-creative media in remote Indigenous communities

This paper examines co-creative video outputs that have originated from, or relate to, remote Indigenous communities in Australia. Scholarly work on remote media has mostly operated at the interface of media studies and anthropology, seeking to identify how cultural systems shape the production, distribution and reception of media in Aboriginal communities. This paper looks instead at content themes, funding sources and institutions during the 2010-2013 period, and examines the factors that may be determining the quantity of co-creative outputs, as well as the types of stories that get produced. I argue that the focus on culture has obscured important shifts in remote media policy and funding, including a trend towards content designed to address social disadvantage.

Pushing cultural competence boundaries in nutrition and dietetics training

A health workforce ready for safe practice is a government priority, and particularly critical to support indigenous communities closing ‘the gap’. Increased pressure exists on dietetic training programs for quality placements, with fewer opportunities for immersion in Aboriginal and Torres Strait Islander communities to demonstrate cultural competence. In 2012, Queensland University of Technology established a partnership with Apunipima Cape York Health Council with 56 weeks of dietetic placement for 8 students provided to achieve these aims. Clinical practice in Community Public Health Nutrition (CPHN) was structured in a standard 6 week placement, with Individual Case Management (ICM) and Foodservice Management (FSM) integrated across 8 weeks (4 each), with an additional 2 weeks ICM prior in a metropolitan indigenous health service. Students transitioned from urban to rural then remote sites, with new web-based technologies used for support. Strong learning opportunities were provided, with CPHN projects in antenatal and child health, FSM on standardisation of procedures in a 22 bed health facility, and ICM exposing students to a variety of cases via hospital in/outpatients, general clinics and remote community outreach. Supervisor focus group evaluation was positive, with CPHN and FSM enhancing capacity of service. Student focus group evaluation revealed placements exceeded expectations, with rating high, and strong confidence in cultural competence described. Students debriefed final and third year cohorts on their experiences, with increased awareness and enthusiasm for work with indigenous communities indicated by groups. With the success of this partnership, placements are continuing 2013, and new boundaries in dietetic training established.

Teaching fractions to adult learners enrolled in a civil construction course : knowledge, action and materials action in tandem

This paper investigates the teaching and learning of fractions to Indigenous adult learners in a Civil Construction Certificate Course. More specifically it explores why the use of materials is critical to building knowledge and understanding. This focus is important for two reasons. First, it allows for considerations of a trainer’s approach for teaching fractions and, second it provides insights into how adult learners can be supported with representing their practical experiences of fractions to make generalisation thus building on their knowledge and learning experiences. The paper draws on teaching episodes from an Australian Research Council funded Linkage project that investigates how mathematics is taught and learned in Certificate Courses, here, Certificate 11 in Civil Construction. Action research and decolonising methods (Smith, 1999) were used to conduct the research. Video excerpts which feature one trainer and three students are analysed and described. Findings from the data indicate that adult learners need to be supported with materials to assist with building their capacity to know and apply understandings of fractions in a range of contexts, besides construction. Without materials and where fractions are taught via pen and paper tasks, students are less likely to retain and apply fraction ideas to their Certificate Course. Further they are less likely to understand decimals because of limited understanding of fractions.

A History of Popular Indigenous Music

SINCE THE INVENTION OF recording technologies like the phonograph in the late 1800s, Indigenous music has been performed and recorded across Australia for a wide range of audiences. In the early twentieth century, for instance, music was recorded by anthropologists keen to capture the sounds of a culture that was believed to be in rapid decline (Thomas). Individual performers were not considered important in these recordings; their music was produced for scientific posterity rather than popular pleasure. And even though Aboriginal participation in local music festivals, touring vaudeville shows, and community gatherings was well documented throughout the twentieth century, it was not until the 1950s that Indigenous “pop stars” began to sell records for mass consumption(Dunbar-Hall and Gibson). Yet, with the persistence of recording artists like Jimmy Little over the past sixty years, Indigenous musicians have steadily gained prominence in Australia’s mainstream. This has been particularly true of the past twenty years, especially since the Sydney Olympics, where promotional strategies have brought about a new popular pride in musical achievements, based upon a celebrated history of diverse sounds and voices.

At home on the outstation : barriers to home Internet in remote Indigenous communities

Indigenous Australians living in remote areas have little access to the Internet and make little use of it. This article investigates the various dimensions of Internet take-up in remote Indigenous communities in Australia and considers the implications for broadband policy. It focuses specifically on the circumstances and experiences of three remote Indigenous communities in central Australia. Residents in these communities provided significant insight into the social, economic and cultural aspects of communications access and use. This evidence is used to examine the drivers and barriers to home Internet for remote Indigenous communities and to discuss a complex set of issues, including: the dynamics of remote living, economic priorities, cultural engagement with technology, and the characteristics of domestic life in remote Indigenous communities.

‘I now know I can do this now’: Indigenous women and writing in the Australian higher education sector

This paper explores the challenges of writing and publishing faced by Indigenous women who work in the Australian higher education sector. It demonstrates that Indigenous women are under-represented in the academy and argues that Indigenous styles of writing are typically not valued for broader publication. The authors describe a writing mentoring and support program specifically developed for Indigenous academic women in Australia. The Tiddas Writin’ Up Workshop provided a safe and culturally-appropriate space for women to learn about academic writing and develop their writing skills. The workshop led to the publication of a special issue of the Journal of Australian Indigenous Issues – known as the Tiddas Collection. The authors highlight the power and strength of well-developed support programs to address skills development, confidence, inequities and under-representation of Indigenous women within the higher education workforce.

Indigenous Australian women and work : an historical context

The aim of this on-going research is to interrogate the era of colonialism in Australia (1896-1966) and the denial of paid employment of Aboriginal women. The 1897 Aborigines Protection and the Restriction of the Sale of Opium Act witnessed thousands of Aboriginal people placed on Government run reserves and missions. This resulted in all aspects of their lives being controlled through state mechanisms. Under various Acts of Parliament, Aboriginal women were sent to privately owned properties to be utilised as ‘domestic servants’ through a system of forced indentured labour, which continued until the 1970’s. This paper discusses the hidden histories of these women through the use of primary sources documents including records from the Australian Department of Native Affairs and Department of Home and Health. This social history research reveals that the practice of removing Aboriginal women from their families at the age of 12 or 13 and to white families was more common practice than not. These women were often: not paid, worked up to 15 hour days, not allowed leave and subjected to many forms of abuse. Wages that were meant to be paid were re-directed to other others, including the Government. Whilst the retrieval of these ‘stolen wages’ is now an on-going issue resulting in the Queensland Government in 2002 offering AUS $2,000 to $4,000 in compensation for a lifetime of work, Aboriginal women were also asked to waive their legal right to further compensation. There are few documented histories of these Aboriginal women as told through the archives. This hidden Aboriginal Australian women’s history needs to be revealed to better understand the experiences and depth of misappropriation of Aboriginal women as domestic workers. In doing so, it also reveals a more accurate reflection of women’s work in Australia.

Validation of a 24-h physical activity recall in indigenous and non-indigenous Australian adolescents

The purpose of this study was to evaluate the concurrent validity of a modified version of the widely used previous day physical activity recall (PDPAR24) self-report instrument in a diverse sample of Australian adolescents comprising Aboriginal and Torres Strait Islanders (A&TSI) and non-indigenous high school students. A sample of 63 A&TSI and 59 non-indigenous high school students (N = 122) from five public secondary schools participated in the study. Participants completed the PDPAR-24 after wearing a seated electronic pedometer on the previous day. Significant positive correlations were observed between the self-reported physical activity variables (mean MET level, blocks of vigorous activity, and blocks of moderate-to-vigorous physical activity) and 24-h step counts. Validity coefficients (rho) ranged from 0.29 to 0.34 (p<0.05). A significant inverse correlation was observed for self-reported screen time and 24-h step count (rho = -0.19, p<0.05). Correlations for A&TSI students were equal to or greater than those observed for non-indigenous students. The PDPAR-24 instrument is a quick, unobtrusive, and cost-effective assessment tool. that would be useful for evaluating physical activity and sedentary behaviour in population-based studies. (C) 2006 Sports Medicine Australia.

The Hollywood effect : a comparative study of costume in Australia and the Proposition

This paper compares costuming practices in Baz Luhrmann’s Australia (2008) and John Hillcoat’s The Proposition (2005) and argues that high production values, such as in the blockbuster Australia, are not neutral mechanisms of production, but powerful prescriptive elements which do not result in a successful representation of cultural specificity. Australia is a typical blockbuster, it employs a large number of extras, it features compelling landscape shots, has been shot across four different locations and sets, and, importantly, is an international production with the 20th Century Fox. The film’s costumes were designed by Catherine Martin, who received an Oscar nomination in 2009. While global exposure of fashion in film and through celebrities’ endorsements has consolidated a historical synergy between the fashion industry and Hollywood, the Australian film and fashion industries have had a very limited exchange. Baz Luhrmann’s film is Australia’s first instance of promo-costuming and use of tie-in labels (Ferragamo, R.M.Williams, Prada, Paspaley). Catherine Martin thoroughly researched 1930s women’s wear, indigenous and stockmen’s clothing, and set up to make all costumes with a large team of costumiers and seamstresses, striving for authenticity. The Proposition won its costume designer Margot Wilson an AFI in 2005 for best costume, but compared to Australia the story, location and costumes are far harsher. Filmed around Winton in far west Queensland, the director John Hillcoat and Director of Photography Benoit Delhomme were insistent about realism, and emphasising the harshness of the Australian landscape. The realism of the costumes was derived from the fabrics and manufacturing, as well as the way they were shot, with the actors often wearing two or three layers of heavy wool during days of shooting in 50 degree heat, and the details of making and breaking down. The implication is that both films are culturally specific as they both deal with an Australian story. However, Australia is clearly produced according to a Hollywood blockbuster model, and closely matches Hollywood’s narrative and aesthetic characteristics, while The Proposition is a more modest film that eschews these conventions of beauty and glossed history. Despite its western genre-orientation, The Proposition is more successful than Australia when it comes to costuming, because its costumes are not only functional to the narrative, but, in Roland Barthes’ words, they also fulfil a prestation. This prestation highlights the social and cultural conflicts on which colonial Australia was founded, instead of gilding, and gliding, over them.

Diversity or perversity?: Award-winning children's literature and the Australian curriculum

Two of the three cross-curriculum priorities for the national Australian Curriculum prescribed by the Australian Curriculum Assessment and Reporting Authority (ACARA) are focussed on what might be called diversity education: “Aboriginal and Torres Strait Islander histories and culture”, and "Asia and Australia's Engagement with Asia” (ACARA, “Cross”). One need not be versed in complex rhetorical theory to understand that, laudable and legitimate as such priorities are, their existence implies that mainstream education in Australia has been or is characterised by the marginalisation or erasure of Australia's history—the original Indigenous cultures are not only living and vibrant today, but also have tens of thousands of years’ “head start” on Australia’s settler cultures—and of its geography—Australia is, after all, located in some physical proximity to Asia. Some might even suggest that Australia is in Asia. These temporal and spatial “forgettings” constitute a kind of cultural perversity which the cross-curricular priorities both seek to address and serve to reinscribe. Even as ACARA requires Australian school students to engage with Aboriginal and Asian histories, cultures, societies, they imply that such histories, cultures, and societies are “diverse”, that they are not those of the students in Australian classrooms; producing them as objects of study rather than as lived experience. This should not necessarily be surprising. Michael W. Apple has provocatively argued that: “one of the perverse effects of a national curriculum actually will be to ‘legitimise inequality.’ It may in fact help create the illusion that whatever the massive differences in schools, they all have something in common” (18). In the Australian context, attempts to mitigate such perversity are articulated via the selection of literary texts. As educators move to resource ACARA’s cross-curricular priorities, ACARA notes that “Teachers and schools are best placed to make decisions about the selection of texts in their teaching and learning programs that address the content in the Australian Curriculum while also meeting the needs of the students in their classes” (ACARA, “Advice”). This assertion appears on a webpage called “Advice on selection of literary texts” which is notable first and foremost for its total lack of any literary texts being named, and its list of weblinks pointing to lists of texts compiled elsewhere, by other organisations, and in the main, compiled to serve agendas other than the Australian curriculum. One of the major resources referred to by ACARA for literary text selection is the Children’s Book Council of Australia (CBCA). Of course, the CBCA’s annual book awards do not share ACARA’s educational priorities, but do have a history of being drawn upon by schools as a curriculum resource. In this paper, I consider the literary texts which have been prized by the CBCA in recent years attending to their engagements with Aboriginal cultures.