Sentencing of indigenous offenders in Victoria

It is common knowledge, especially in the context of the findings of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC),' that indigenous persons are over-represented at all stages of the criminal justice system. Unfortunately, little has changed since the RCIADIC and indigenous representation in prisons throughout the states and territories of Australia remains at high levels. What has come to prominence since the RCIADIC, particularly through the findings of the Human Rights and Equal Opportunity Commission in the 1997 report Bringing Them Home, is the notion of the Stolen Generation. For practitioners with indigenous clients, an important matter that may be put in mitigation is the effect of belonging to the Stolen Generation in terms of offering not only an explanation for offending, but also in terms of submissions put forward on behalf of the client pertaining to disposition. In this context, the Victorian Court of Appeal decision in R v Fuller-Cust is an important one, particularly the dissenting judgment of Eames J. His Honour, in a persuasive and well-reasoned judgment, suggests a method of sentencing indigenous offenders that relates questions of Aboriginality, the Stolen Generation and punishment.

The rise and rise of Crown appeals in Victoria

Increasing numbers of Crown appeals against sentences in Victoria - majority of appeals have been successful - what has occurred in relation to Crown appeals against sentence in the Victorian Court of Criminal Appeal between February 2002 and February 2004 - whether increase in Crown appeals is a continuing phenomenon - comparison with the jurisdictions of New South Wales and the UK - principles that govern Crown appeals may need to be reconsidered.

Non-uniform bird assemblages in urban environments : the influence of streetscape vegetation

The urban landscape encompasses a broad spectrum of variable environments ranging from remnant patches to highly modified streetscapes. Despite the expansion of urban environments, few studies have examined the influence of urbanization on faunal diversity, particularly in the Southern Hemisphere. In this study, four broad habitat types were recognized in the urban environment, representing a continuum of modification ranging from parks with remnant vegetation to streetscapes dominated by native vegetation and those dominated by exotic vegetation to recently developed streetscapes. Bird censuses were conducted at 36 sites throughout urban Melbourne, with nine sites surveyed in each habitat type. The four habitat types supported significantly different bird communities based on species richness, abundance and composition suggesting that bird assemblages of urban environments are non-uniform. Parks and native streetscapes generally supported fewer introduced species than exotic and recently developed streetscapes. Overall abundance and richness of species were lower in the exotic and recently developed streetscapes than in parks and native streetscapes. Significant differences were also observed in foraging guilds within the four habitat types, with parks having the most foraging guilds and recently developed streetscapes having the fewest. The transition from native to exotic streetscapes saw the progressive loss of insectivorous and nectarivorous species reflecting a reliance by these species on structurally diverse and/or native vegetation for both shelter and food resources. The implementation of effective strategies and incentives which encourage the planting of structurally diverse native vegetation in streetscapes and gardens should be paramount if avian biodiversity is to be retained and enhanced in urban environments. It is also critical to encourage the maintenance of the existing remnant vegetation in the urban environment.

Sustainable in 2030? The impact of population growth in Melbourne`s inner activity centres

The advent of sustainable approaches to managing an increase of population in our urban centres, such as the Melbourne 2030 planning policy, has led to questions regarding their successful implementation at local government level. Issues relating to the location of sustainable built form and infrastructure are of particular importance considering Melbourne 2030's direction regarding intensification around existing activity nodes. The following paper embarks on an investigation into the impact of the projected population growth set out in the 2030 policy, focusing particularly on the consequent implications of increased residential densities in and around activity centres within the inner Melbourne region. Utilising various mapping techniques, a series of comparative built form/density scenarios will be generated that begin to explore the issues of implementation faced at a local government level.

Predictive mapping of powerful owl (Ninox strenua) breeding sites using Geographical Information Systems (GIS) in urban Melbourne, Australia

Urban expansion is a principal process threatening biodiversity globally. It is predicted that over half of the world's population will reside in urban centres by 2010. If we are to conserve biodiversity, a shift in perspective from traditional ecological studies based in natural environments, to studies based in less natural environments is paramount. To effectively conserve species which occur in urban environments, comprehensive analysis is necessary to determine the processes that are driving this urban usage. Geographical Information Systems (GIS) technology provides a valuable tool for efficient spatial analysis and predictive mapping of species distributions.

This study used GIS to analyze current breeding sites for the powerful owl, a vulnerable top order predator in urban Melbourne, Australia. GIS analysis suggests that a number of ecological attributes were influencing powerful owl usage of urban environments. Using these ecological attributes, predictive mapping was undertaken, which identified a number of potential breeding sites for powerful owls within urbanized Melbourne.

Urban environments are traditionally perceived as “the wastelands” of natural environments, however, this study demonstrates that they have the potential to support apex predators, an important finding for the management of rare and threatened species.

Urban living and obesity : is it independent of its population and lifestyle characteristics?

OBJECTIVES: Living in an urban area influences obesity. However, little is known about whether this relationship is truly independent of, or merely mediated through, the demographic, socio-economic and lifestyle characteristics of urban populations. We aimed to identify and quantify the magnitude of this relationship in a Sri Lankan population.

METHODS: Cross-sectional study of adults aged 20-64 years representing the urban (n = 770) and rural (n = 630) populations, in the district of Colombo in 2004. Obesity was measured as a continuous variable using body mass index (BMI). Demographic, socio-economic and lifestyle factors were assessed. Gender-specific multivariable regression models were developed to quantify the independent effect of urban/ rural living and other variables on increased BMI.

RESULTS: The BMI (mean; 95% confidence interval) differed significantly between urban (men: 23.3; 22.8-23.8; women: 24.2; 23.7-24.7) and rural (men: 22.3; 21.9-22.7; women: 23.2; 22.7-23.7) sectors (P < 0.01). The observed association remained stable independently of all other variables in the regression models among both men (coefficient = 0.64) and women (coefficient = 0.95). These coefficients equated to 2.2 kg weight for the average man and 1.7 kg for the average woman. Other independent associations of BMI were with income (coefficient = 1.74), marital status (1.48), meal size (1.53) and religion (1.20) among men, and with age (0.87), marital status (2.25) and physical activity (0.96) among women.

CONCLUSIONS: Urban living is associated with obesity independently of most other demographic, socio-economic and lifestyle characteristics of the population. Targeting urban populations may be useful for consideration when developing strategies to reduce the prevalence of obesity.

Surviving urbanisation : maintaining bird species diversity in urban Melbourne

The relationships between vegetation and bird communities within an urban landscape are synthetised, based on a series of studies we conducted. Our studies indicate that streetscape vegetation plays an important role in
influencing urban bird communities, with streetscapes dominated by native plants supporting communities with high native species richness and abundance, while exotic and newly-developed streetscapes support more introduced bird species and fewer native bird species. Native streetscapes can also provide important resources for certain groups of birds, such as nectarivores. Our research has also revealed that urban remnants are likely to support more native bird species if they are larger and if they contain components of riparian vegetation. Vegetation structure and quality does not appear to be as important a driver as remnant size in determining the richness of native bird communities. Introduced birds were shown to occur in remnants at low densities, irrespective of remnant size, when compared to densities found in streetscapes dominated by exotic vegetation. We discuss our results in terms of practical planning and management options to increase and maintain urban avian diversity and conclude by offering suggestions for future fields of research in terms of urban bird communities.

Ecology of fish inhabiting the inter-tidal zone of Swan Bay, Victoria, Australia

Swan Bay is a shallow marine embayment of Port Phillip Bay, just north of Queenscliff, Victoria. It has been part of the Harold Holt Marine Reserves since 1977 and is a seagrass habitat. This study investigated the species of fish present in the inter-tidal zone of Swan Bay, collected information on their ecology, investigated the importance of Swan Bay compared to Port Phillip Bay as a nursery and/or breeding area and compared these results with those of similar seagrsss habitats. Field work was carried out monthly over a two year period, from April 1981 to April 1983, using beach seine nets at Swan Bay and Portarlington. Forty four species of fish were identified from Swan Bay and nineteen from Portarlington. Fish were most abundant during the summer and autumn months when seagrass growth was at a maximum and least abundant during winter due to the absence of seasonal residents and decreased numbers of permanent residents. Swan Bay was found to be an important nursery ground for two commercially-caught species: the Yellow-eye Mullet and the King George Whiting. Juvenile Yellow-eye Mullet were more numerous in Swan Bay than at Portarlington. Smell juvenile King George Whiting were more abundant at Portarlington than in Swan Bay where older juveniles were more numerous. The fish fauna of Swan Bay was found to be similar to western Port but the abundance of species varied. Atherinosome microstoma was the dominant species in terms of abundance and biomass. Diet was found to be different from that reported by Robertson (1979) at Western Port due to the different range of prey items.

Ecology of epifaunal caridean shrimps in the Hopkins River estuary, and the role of estuaries in the life history of the atyid "Paratya Australiensis" Kemp, 1917 in south-eastern Australia

This study examined the factors affecting the distribution and abundance of epifaunal caridean shrimps in seagrass meadows of the Hopkins River estuary in south-western Victoria, Australia, and investigated the life history patterns of the freshwater Parana australiensis, found for the first time in estuaries. Adult and sub-adult shrimps were surveyed in seagrass meadows along the estuary over two years, and their planktonic larvae were surveyed in adjacent waters. Three species were collected. The marine Palaemon serenus occurred only near the mouth, summer to autumn, in high salinities. The marine/estuarine Macrobrachium intermedium occurred throughout the estuary. Adults were most abundant in late autumn, and least abundant in summer (unlike trends reported in marine meadows). Densities were higher and less variable in downstream meadows. P. australiensis occurred in the upper estuary all year, most abundantly in spring, due to migration from the river after peak discharge. Ovigerous females dominated, while males, showing less migration into the estuary, dominated above estuarine influence. Adults disappeared from the estuary in summer as salinity rose. Breeding period for P. australiensis was briefer in the estuary (September-December) than upstream (July-April). M. intermedium began breeding later in the upper estuary (November/December-March) than in the lower estuary (October-March), probably reflecting a physiological response to lower salinity, rather than an interaction with P. australiensis. No ovigerous P. serenus were found in the estuary. Larvae of P. australiensis and M intermedium occurred abundantly throughout the estuary, but P. serenus larvae did not. P. australiensis was an early coloniser to the plankton after peak discharge (November-December). Larvae concentrated in the deep saline layer at the head of the intruding salt wedge, thus probably maintaining longitudinal position. Diurnal vertical migrations were evident within the salt wedge, and in a deep pool above tidal influence. M. intermedium larvae occurred October-May in the lower estuary and November-April in the upper estuary, peaking in abundance one to two months after P. australiensis. They were associated with low surface flows and surface salinities greater than 10, over an anoxic deeper layer. All three species exhibited extended development of euryhaline larvae in the laboratory. Tolerances and optimal salinities of larvae of the three species reflected their distributions. M. intermedium was the most euryhaline species. P. australiensis larvae were tolerant of higher salinities than juveniles of adults: capable of developing in salinity of at least 15. Most P. australiensis juveniles recruited to the estuary November-December, after which numbers declined dramatically. After settlement, most recruits probably migrated upstream out of the estuary. Two cohorts of M. intermedium recruited to the estuary from larvae in summer (December and February), but some juveniles also migrated from adjacent coastal waters. Post-larval migration was at least as important a determinant of abundance as direct recruitment from estuarine, planktonic larvae in all three species. Distributions among seagrass meadows along the estuary were determined primarily by physico-chemical patterns driven by hydrological changes. Seasonal variations in salinity and temperature were strongly associated with seasonal variations in shrimp abundance. Salinity tolerances of adults of the three species reflected their distribution patterns. Biotic interactions were more important in determining distributions within meadows. P. australiensis, when abundant, were associated with seagrass biomass. M. intermedium were also, but when seagrass was sparsest and least extensive. The two species apparently partitioned the seagrass meadow according to depth in early summer. Laboratory experiments suggested P. australiensis was displaced from deeper water by M. intermedium. Preference for vegetative complexity and competition for position within meadows suggest the underlying importance of predation in regulating shrimp populations. A survey of south-eastern Australian estuaries found P. australiensis larvae abundant in all stable, open, well-developed, salt-wedge estuaries where adults were abundant. Adults were most abundant in low salinities among submerged leafy macrophytes. Reproductive traits of P. australiensis were compared in estuarine and fresh reaches of three rivers. Early in the breeding season, egg size was smaller, and (size-specific) egg number larger in estuaries than upstream. A trade-off between egg size and egg number resulted in no difference in total (size-specific) reproductive investment between locations. Reproductive investment tended to decrease at some locations over the breeding season, and this decrease was a result of decreased egg size in most cases. The decrease in reproductive investment probably reflected reduced food availability for the adult, while the reduced egg size was probably a response to improved conditions for larval development. In the Hopkins River, larger egg size at upstream sites was reflected in larger early stage larvae. Later stage larvae were larger in the estuary, suggesting more favourable conditions for larval development. Allozyme electrophoresis showed the P. australiensis populations in each of the three rivers to be distinct. Allozyme frequencies were not different within the Hopkins River, but upstream and estuarine locations in the Curdies and Gellibrand were different. Although some variation in reproductive traits within catchments may have been due to genotypic differences, trade-offs between egg size and number, and decreases in egg size over summer were probably due to plastic responses to environmental cues. It is proposed P. australiensis inhabits and reproduces in both estuarine and freshwater environments by plastic response to environmental conditions. Recruitment to estuaries is dependent on the presence of suitable adult, littoral habitat, and a stable salt wedge for larval retention. Estuaries are important recruitment sites for P. australiensis, potentially allowing an extra brood each year before riverine recruitment. Estuarine broods could constitute a large part of the total fecundity of P. australiensis females. Euryhaline larvae and estuarine recruitment of P. australiensis suggest marine transport of larvae between estuaries as a possible dispersal mechanism for Paratya species.

Comparison of defects in houses constructed by owners and registered builders in Victoria 1988-1996

The lack of attention to quality control by house builders in the Australian State of Victoria has been a contentious issue for more than two decades. Ina an attempt to improve the quality of housing, various mechanisms such as voluntary and compulsory registration schemes have been adopted and discarded by industry-based organisations and government. While builders are encouraged to improve construction quality, little is known and published about the quality of housing produced by owner builders specifically during the seven year warranty period after construction is completed. With this in mind, this thesis presents research findings that compare the latent defects in houses built by owner builders with those of registered builders. Using inspection reports provided by Archicentre of the Royal Australian Institute of Architects> a sample of 1772 houses, of which 1002 were owner builders and 770 were registered builders

Ecology of feral cats (Felis catus) at a refuse dump in coastal southern Victoria, Australia

The ecology and behaviour of a colony of feral cats was studied at a refuse dump at Anglesea, Victoria. Research found that the cats lived at the dump all year round, congregating on the exposed refuse at night. Here they fed mainly on meat scraps, supplementing their diet with local wildlife. Aggression between individual cats was rare, allowing them to live as a colony, rather than as solitary individuals. Although female cats were fecund, breeding success was low, preventing a steady increase in the population. No justification for controlling these cats could be found at this time.

Structure of unemployment in country Victoria

Investigates the extent of structural unemployment in country Victorian regions through analysing labour force statistics by region, industry, age, gender and occupation. It was found that female workers in country Victoria and the young are the most likely to be structurally unemployed. There are indications that the structural unemployment problem is getting worse despite the continued fall in the unemployment rate.

Effects of a fox removal program on small and medium-sized mammal population dynamics within the Anglesea Heathlands, Victoria

This thesis assessed the diet of foxes within the ALCOA lease area of Anglesea to determine which native and introduced species foxes were eating. Results showed that Swamp Wallaby was regularly eaten but many other mammals, birds, insects and reptiles were also consumed. The response of native mammals to seasonal fox removal was also determined.