Does section 420A impose ‘strict liability’ upon controllers for acts or omissions of agents and experts?

This article addresses in depth the question of whether section 420A of the Corporations Act 2001 (Cth) imposes ‘strict liability’ upon a controller for the failure of an agent or expert to take reasonable care. The weight of existing authority appears to suggest that controllers are liable under s 420A for the carelessness of their agents or expert advisers. However, a closer analysis of the text of the provision and relevant Australian and UK case law demonstrates that this aspect of the statutory construction of s 420A remains very much an open question. This article ultimately contends for a construction of s 420A which requires a controller to adequately supervise and scrutinise, but which does not render a blameless controller strictly liable for all careless acts and omissions of agents and expert advisers.

The Wood Royal Commission : a case study in the slippery slope from unethical conduct to criminal acts

Over the last two and a half decades, corruption in the police service in Australia has come under increased official and public scrutiny. Numerous scandals involving police officers has caused concerned about the integrity and ethics within the Police Service. This paper examines the Wood Royal Commission, specifically looking at testimony from Trevor Haken. This paper provides insights into the nature of police corruption as well as the process or ‘slippery slope’ corrupt officers go through. This paper also contributed to the existing literature by providing knowledge into the types of corruption used by police officers in real-life situations, and deepening understanding of how corruption emerges and why. It specifically confirms the literature on slippery slope arguments about police corruption and the role of trust in building a corrupt career. The paper contributes to the existing literature by providing insights into the nature of corruption used by police officers in real-life situations, and deepens the understanding of the process of corruption. The findings also contribute to our understanding that corruption is not just an individual incident but rather a result of reoccurring incidents that are generated by the nature of work, organizational structure and society in relation to corruption.

Sublime acts : desire in the studio

Acknowledging the recent call to review design creativity and consideration of the body's affective states in education, this paper explores how desire, conceptualized as an immanent force (Deleuze & Guattari, 1987) and an irresistible force (Burke, 1753) can be a means of deeper engagement within the design studio. Positing 'disruption or blockage' as a key agent which propels subjects from fields of normalcy to fields of otherness, and subsequently mobilises distinct modes of desire, this paper takes Edmund Burke's Romantic sublime and Patricia Yaeger's feminine sublime as critical lenses through which to review a first year interior program posited around the body. The paper highlights how the embodiment of 'desirous processes' within the design program and relational encounters within the studio represent an overarching pedagogical 'hinge' (Ellsworth, 2005). Rather than being a point of beginning, the start of first year is seen and experienced as a threshold opening to a new rhythm in a proces of becoming that is already underway.

New discursive configurations of journalism : Narratives in Rio de Janeiro's favelas [Novas configurações discursivas no jornalismo: narrativas digitais nas favelas do Rio de Janeiro]

Oprincipal objetivo desse artigo é apresentar os resultados parciais de uma pesquisa em andamento sobre o processo de produção de conteúdo do portal Viva Favela, um dos projetos sociais realizados pela organização nãogovernamental Viva Rio. Partindo de uma abordagem conceitual que discute os modos pelos quais a mídia alternativa e o jornalismo público/jornalismo cívico criam as condições de possibilidade para que uma determinada prática jornalística dê ‘voz’ e ‘empodere’ (empower) moradores de periferias e favelas brasileiras, estamos realizando um estudo das rotinas produtivas do Viva Favela e seus ‘correspondentes comunitários’. O conceito sobre voice, de Jo Tacchi, oferece-nos um embasamento teórico adequado para refletirmos sobre o que vem sendo denominado, nos Estados Unidos, de digital storytelling – as narrativas digitais produzidas com as tecnologias de informação e comunicação para “contar estórias” 1, que são criativamente apropriadas, no Brasil, por moradores das favelas e periferias das regiões metropolitanas.

Social moralities and discursive constructions of female sex offenders

This article explores legal, scholarly and social responses to women identified as sex offenders. While much has been written on the male paedophile, rapist and sex offender, little research has been done on the role of gender and sexuality in sex offending. This article examines the ways in which the female sex offender is currently theorized and the discourses surrounding policy, legislative and media responses to their crimes. We identify contradictory public discourses where perceptions of female child abusers in particular often succumb to moral panic, in spite of many such offenders being given lenient sentences for their crimes. An examination of the discursive construction of female child abusers suggests that these contradictions are informed by underlying assumptions concerning harm and subjectivity in sex crimes. In exploring these contradictions we illustrate the ways in which such discourses are impacted by social moralities, and how social moralities construct offender and victim subjectivities differently, based on differences in gender, age and sexuality.

White teachers at a discursive crossroad

This study explored the way white teachers speak about Indigenous students and communities. The accounts of teachers working in eight schools across Australia were analysed using Foucauldian discourse analysis. The research found that deficit and colour-blind discourses dominate the ways that white teachers "know" Indigenous students and families. The data indicates that colour-blind and compensatory pedagogies are employed heavily by teachers working with Indigenous students, and highlights the complexities and tensions that exist in schools. Although there is evidence of some disruption to dominant discourses, teachers' discursive resources are limited in terms of imagining and enacting more equitable pedagogies.

The discursive nature of citizenship : Indigenous sovereign rights, racism and welfare reform

Citizenship is more than a status associated with a bundle of rights; it is also the formal contract by which the sovereignty of a nation is extended to the individual in exchange for being governed. Who can and who cannot contract into this status and what rights are able to be exercised is also shaped by who possesses the nation. In this article it is argued that citizenship operates discursively to contain Indigenous people’s engagement with the economy through social rights. This containment precludes consideration of Indigenous sovereign rights to our lands and resources, to enable Indigenous economic development within a capitalist market economy.

Continuity, Rupture, or just more of the 'Volatile and Contradictory': Glimpses of New South Wales' Penal Practice behind and through the Discursive

Throughout much of the western world more and more people are being sent to prison, one of a number of changes inspired by a 'new punitiveness' in penal and political affairs. This book seeks to understand these developments, bringing together leading authorities in the field to provide a wide-ranging analysis of new penal trends, compare the development of differing patterns of punishment across different types of societies, and to provide a range of theoretical analyses and commentaries to help understand their significance. As well as increases in imprisonment this book is also concerned to address a number of other aspects of 'the new punitiveness': firstly, the return of a number of forms of punishment previously thought extinct or inappropriate, such as the return of shaming punishments and chain gangs (in parts of the USA); and secondly, the increasing public involvement in penal affairs and penal development, for example in relation to length of sentences and the California Three Strikes Law, and a growing accreditation of the rights of victims. The book will be essential reading for students seeking to understand trends and theories of punishment on law, criminology, penology and other courses.

Giving voice : the prisoner and discursive citizenship

This Companion presents the major debates and issues in Critical Criminology. It presents new research on crime, policy and the internationalisation of the criminal justice system. It sheds light on traditional debates in critical criminology through a confronting analysis of contemporary developments in criminal justice and criminology. This is the first textbook that brings together the major Australian and New Zealand theorists in Critical Criminology. The chapters represent the contribution of these authors in both their established work and their recent scholarship. It includes new approaches to theory, methodology, case studies and contemporary issues. It traverses a range of debates including the criminalisation of Indigenous people, ethnic communities, the working class, rural communities and young people from critical perspectives, and introduces new concepts of state crime. It covers developments in the penal system that have responded to globalisation and neo-liberalism, particularly in law and order and anti-terror campaigns. This coverage is counterpoised by portrayals of resistance within the penal system and considerations of restorative justice. The Companion is relevant to a broad range of courses and levels of study. It covers the major components of a Criminology course through a critical lens. It is a thorough introduction to concepts and critiques in criminology, as well as a provocative analysis of the assumptions underpinning the criminal justice system. Students, teachers and scholars in criminology, law and sociology will find this Companion invaluable.

Small acts of resistance : the role of intergenerational collaborative drawing in early childhood teaching and learning

This chapter focuses on ‘intergenerational collaborative drawing’, a particular process of drawing whereby adults and children draw at the same time on a blank paper space. Such drawings can be produced for a range of purposes, and based on different curriculum or stimulus subjects. Children of all ages, and with a range of physical and intellectual abilities are able to draw with parents, carers and teachers. Intergenerational collaborative drawing is a highly potent method for drawing in early childhood contexts because it brings adults and children together in the process of thinking and theorizing in order to create visual imagery and this exposes in deep ways to adults and children, the ideas and concepts being learned about. For adults, this exposure to a child’s thinking is a far more effective assessment tool than when they are presented with a finished drawing they know little about. This chapter focuses on drawings to examine wider issues of learning independence and how in drawing, preferred schema in the form of hand-out worksheets, the suggestive drawings provided by adults, and visual material seen in everyday life all serve to co-opt a young child into making particular schematic choices. I suggest that intergenerational collaborative drawing therefore serves to work as a small act of resistance to that co-opting, in that it helps adults and children to collectively challenge popular creativity and learning discourses.

Feminism and Global Justice

This book attempts to persuade a new generation of scholars, criminologists, activists, and policy makers sympathetic to the quest for global justice to open the envelope, to step out of their comfort zones and typical frames of analysis to gaze at a world full of injustice against the female sex, much of it systemic, linked to culture, custom and religion. In some instances the sources of these injustices intersect with those that produce global inequality, imperialism and racism. This book also investigates circumstances where the globalising forces cultivate male on male violence in the anomic spaces of supercapitalism – the border zones of Mexico and the United States, and the frontier mining communities in the Australian desert. However systemic gendered injustices, such as forced marriage of child female brides, sati the cremation of widows, genital cutting, honour crimes, rape and domestic violence against women, are forms of violence only experienced by the female sex. The book does not shirk away from female violence either. Carrington argues that if feminism wants to have a voice in the public, cultural, political and criminological debates about heightened, albeit often exaggerated, social concerns about growing female violence and engagement in terrorism, then new directions in theorising female violence are required. Feminist silences about the violent crimes, atrocities and acts of terrorism committed by the female sex leave anti-feminist explanations uncontested. This allows a discursive space for feminist backlash ideologues to flourish. This book contests those ideologies to offer counter explanations for the rise in female violence and female terrorism, in a global context where systemic gendered violence against women is alarming and entrenched. The world needs feminism to take hold across the globe, now more than ever.

Framing student evaluations of university learning and teaching : discursive strategies and textual outcomes

Evaluation in higher education is an evolving social practice, that is, it involves what people, institutions and broader systems do and say, how they do and say it, what they value, the effects of these practices and values, and how meanings are ascribed. The textual products (verbal, written, visual, gestural) that inform and are produced by, for and through evaluative practices are important as they promulgate particular kinds of meanings and values in specific contexts. This paper reports on an exploratory study that sought to investigate, using discourse analysis, the types of evaluative practices that were ascribed value, and the student responses that ensued, in different evaluative instruments. Findings indicate that when a reflective approach is taken to evaluation, students’ responses are more considered, they interrogate their own engagement in the learning context and they are more likely to demonstrate reconstructive thought. These findings have implications for reframing evaluation as reflective learning.

“I’m Happy with Who I Am” : A Discursive Analysis of the Self-characterisation Practices of Boys in “Behaviour” Schools

In this chapter, I draw on poststructural theories of language to examine the self-characterisation practices of 33 boys attending special schools for students with disruptive behaviour. During a semi-structured interview, each boy was asked to describe his personality and then to choose from a selection of positive/negative word pairs. The objective was to determine whether these young people would characterise themselves in positive or negative ways. Participants were then asked if there was anything they would change about themselves if they could. Responses were analysed and compared against a discourse model developed from media reports and interviews with their principals. Findings suggest that while discourse may well ‘form the objects of which it speaks’ (Foucault, 1972, p. 49) in the eyes of teachers, principals, psychiatrists and paediatricians, it also offers a means through which the constituted subject can re-author itself in a more positive frame.