Duty to the court and the administration of justice : some examples, implications and clarifications

No liberal democracy can survive without popular trust in its judicial system. The legal profession and the judiciary enjoy a level of independence and autonomy from the executive that makes them both powerful and privileged. A UNIQUE AND ORGANIC DUTY: So long as the courts are seen to fulfil their duty to guard against encroachments by the executive on the freedoms and rights of individual citizens with integrity and credibility, they maintain enough public support to retain their normative authority. But support for those with power and privilege is easily undermined. It is contingent upon trust. Lawyers who breach that trust in ways that go to the heart of the legal system ought to expect to be made examples of and to suffer severe penalties. The good news is that the sorts of breach discussed here should be neither difficult to anticipate nor to avoid – in theory. In practice, smart and honest lawyers sometimes fall foul of these duties for all sorts of understandable (if not condonable) reasons. Law does not get practised in a social or cultural vacuum. Lawyers are people, and people have weaknesses, failings and stresses...

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.

Information Security and Privacy : Proceedings of the 9th Australasian Conference, ACISP 2004, Sydney, Australia, July 13-15, 2004.

Preface The 9th Australasian Conference on Information Security and Privacy (ACISP 2004) was held in Sydney, 13–15 July, 2004. The conference was sponsored by the Centre for Advanced Computing – Algorithms and Cryptography (ACAC), Information and Networked Security Systems Research (INSS), Macquarie University and the Australian Computer Society. The aims of the conference are to bring together researchers and practitioners working in areas of information security and privacy from universities, industry and government sectors. The conference program covered a range of aspects including cryptography, cryptanalysis, systems and network security. The program committee accepted 41 papers from 195 submissions. The reviewing process took six weeks and each paper was carefully evaluated by at least three members of the program committee. We appreciate the hard work of the members of the program committee and external referees who gave many hours of their valuable time. Of the accepted papers, there were nine from Korea, six from Australia, five each from Japan and the USA, three each from China and Singapore, two each from Canada and Switzerland, and one each from Belgium, France, Germany, Taiwan, The Netherlands and the UK. All the authors, whether or not their papers were accepted, made valued contributions to the conference. In addition to the contributed papers, Dr Arjen Lenstra gave an invited talk, entitled Likely and Unlikely Progress in Factoring. This year the program committee introduced the Best Student Paper Award. The winner of the prize for the Best Student Paper was Yan-Cheng Chang from Harvard University for his paper Single Database Private Information Retrieval with Logarithmic Communication. We would like to thank all the people involved in organizing this conference. In particular we would like to thank members of the organizing committee for their time and efforts, Andrina Brennan, Vijayakrishnan Pasupathinathan, Hartono Kurnio, Cecily Lenton, and members from ACAC and INSS.

The High Court and the Marlboro Man: The plain packaging decision

The High Court of Australia’s ruling on the plain packaging of tobacco products is one of the great constitutional cases of our age. The ruling will resonate throughout the world - as other countries will undoubtedly seek to emulate Australia’s plain packaging regime.

Portrait of Ya'akov Meir [Jacob Meyer], Head of the Rabbinical Court and President of the Consistorium of the Community of Strasbourg; France.

Caption: J. Meyer, Grand-Rabbin et President du Consistoire Israelite du Department du Bas-Rhin a Strasbourg; also translated in Hebrew

Strategic planning for long-term financing of Pacific leatherback conservation and recovery:Proceedings of the Bellagio Sea Turtle Conservation Initiative, Terengganu, Malaysia; July 2007

On 17-20 July 2007, 45 experts on sea turtles, fisheries, conservation and finance from 10 countries convened at the Bellagio Sea Turtle Conservation Initiative workshop in Terengganu to focus on methods to save the imperiled Pacific leatherback from extinction. The group developed a strategic plan to guide the prioritization and long term financing of Pacific leatherback turtle conservation and recovery objectives. Participants identified critical conservation actions and agreed that a business plan is urgently needed to reverse the trajectory towards extinction of the Pacific leatherback. The conservation actions prioritized by the participants encompassed protecting nesting beaches including eggs and nesting females; reducing direct and indirect turtle take in coastal fisheries; and strengthening regional and sub-regional cooperation. The group committed to work together on fundraising and implementation of these urgent conservation actions. This report presents outputs and the plan that was produced from the workshop.

Report on the Management and Administrative Computing Initiative - Vol II

UNIVERSITY GRANTS COMMITTEE REPORT ON THE INITIATIVE ON MANAGEMENT A~D ADMINISTRATIVE COMPUTING VOLUME II - REFERENCE MANUAL

REPORT ON THE INITIATIVE ON MANAGEMENT AND ADMINISTRATIVE COMPUTING VOLUME II

UNIVERSITY GRANTS COMMITTEE REPORT ON THE INITIATIVE ON MANAGEMENT AND ADMINISTRATIVE COMPUTING VOLUME II - REFERENCE MANUAL

First Biennial Ocean Climate Summit: Finding Solutions for San Francisco Bay Area’s Coast and Ocean. Proceedings of the Summit: April 29, 2008, Golden Gate Club, The Presidio San Francisco, California

Executive Summary: The marine environment plays a critical role in the amount of carbon dioxide (CO2) that remains within Earth’s atmosphere, but has not received as much attention as the terrestrial environment when it comes to climate change discussions, programs, and plans for action. It is now apparent that the oceans have begun to reach a state of CO2 saturation, no longer maintaining the “steady-state” carbon cycle that existed prior to the Industrial Revolution. The increasing amount of CO2 present within the oceans and the atmosphere has an effect on climate and a cascading effect on the marine environment. Potential physical effects of climate change within the marine environment, including ocean acidification, changes in wind and upwelling regimes, increasing global sea surface temperatures, and sea level rise, can lead to dramatic, fundamental changes within marine and coastal ecosystems. Altered ecosystems can result in changing coastal economies through a reduction in marine ecosystem services such as commercial fish stocks and coastal tourism. Local impacts from climate change should be a front line issue for natural resource managers, but they often feel too overwhelmed by the magnitude of this issue to begin to take action. They may not feel they have the time, funding, or staff to take on a challenge as large as climate change and continue to not act as a result. Already, natural resource managers work to balance the needs of humans and the economy with ecosystem biodiversity and resilience. Responsible decisions are made each day that consider a wide variety of stakeholders, including community members, agencies, non-profit organizations, and business/industry. The issue of climate change must be approached as a collaborative effort, one that natural resource managers can facilitate by balancing human demands with healthy ecosystem function through research and monitoring, education and outreach, and policy reform. The Scientific Expert Group on Climate Change in their 2007 report titled, “Confronting Climate Change: Avoiding the Unmanageable and Managing the Unavoidable” charged governments around the world with developing strategies to “adapt to ongoing and future changes in climate change by integrating the implications of climate change into resource management and infrastructure development”. Resource managers must make future management decisions within an uncertain and changing climate based on both physical and biological ecosystem response to climate change and human perception of and response to the issue. Climate change is the biggest threat facing any protected area today and resource managers must lead the charge in addressing this threat. (PDF has 59 pages.)

The utility of survey and administrative data to generate information for research and outcomes-based oral health services development

The aim of this research, which focused on the Irish adult population, was to generate information for policymakers by applying statistical analyses and current technologies to oral health administrative and survey databases. Objectives included identifying socio-demographic influences on oral health and utilisation of dental services, comparing epidemiologically-estimated dental treatment need with treatment provided, and investigating the potential of a dental administrative database to provide information on utilisation of services and the volume and types of treatment provided over time. Information was extracted from the claims databases for the Dental Treatment Benefit Scheme (DTBS) for employed adults and the Dental Treatment Services Scheme (DTSS) for less-well-off adults, the National Surveys of Adult Oral Health, and the 2007 Survey of Lifestyle Attitudes and Nutrition in Ireland. Factors associated with utilisation and retention of natural teeth were analysed using count data models and logistic regression. The chi-square test and the student’s t-test were used to compare epidemiologically-estimated need in a representative sample of adults with treatment provided. Differences were found in dental care utilisation and tooth retention by Socio-Economic Status. An analysis of the five-year utilisation behaviour of a 2003 cohort of DTBS dental attendees revealed that age and being female were positively associated with visiting annually and number of treatments. Number of adults using the DTBS increased, and mean number of treatments per patient decreased, between 1997 and 2008. As a percentage of overall treatments, restorations, dentures, and extractions decreased, while prophylaxis increased. Differences were found between epidemiologically-estimated treatment need and treatment provided for those using the DTBS and DTSS. This research confirms the utility of survey and administrative data to generate knowledge for policymakers. Public administrative databases have not been designed for research purposes, but they have the potential to provide a wealth of knowledge on treatments provided and utilisation patterns.