Criminal Laws : Materials and Commentary on Criminal Law and Process in NSW [Fifth Edition]

"The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a "textbook, casebook, handbook and reference work". As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition strengthens these distinctive features. All chapters have been systematically updated to incorporate the plethora of legislative, case law, statistical and research material which has emerged since the previous edition. The critical, thematic, contextual and interdisciplinary perspectives have been continued."--Publisher's website. Table of Contents: 1. Some themes -- 2. Criminalisation -- 3. The criminal process -- 4. Components of criminal offences -- 5. Homicide: murder and involuntary manslaughter -- 6. Defences -- 7. Assault and sexual assault -- 8. Public order offences -- 9. Drugs offences -- 10. Dishonest acquisition -- 11. Extending criminal liability: complicity, conspiracy and association -- 12. Sentencing and penality.

Statistical modelling of district-level residential electricity use in NSW, Australia

Electricity network investment and asset management require accurate estimation of future demand in energy consumption within specified service areas. For this purpose, simple models are typically developed to predict future trends in electricity consumption using various methods and assumptions. This paper presents a statistical model to predict electricity consumption in the residential sector at the Census Collection District (CCD) level over the state of New South Wales, Australia, based on spatial building and household characteristics. Residential household demographic and building data from the Australian Bureau of Statistics (ABS) and actual electricity consumption data from electricity companies are merged for 74 % of the 12,000 CCDs in the state. Eighty percent of the merged dataset is randomly set aside to establish the model using regression analysis, and the remaining 20 % is used to independently test the accuracy of model prediction against actual consumption. In 90 % of the cases, the predicted consumption is shown to be within 5 kWh per dwelling per day from actual values, with an overall state accuracy of -1.15 %. Given a future scenario with a shift in climate zone and a growth in population, the model is used to identify the geographical or service areas that are most likely to have increased electricity consumption. Such geographical representation can be of great benefit when assessing alternatives to the centralised generation of energy; having such a model gives a quantifiable method to selecting the 'most' appropriate system when a review or upgrade of the network infrastructure is required.

'The Australian we all aspire to be' : commemorative journalism and the death of the Crocodile Hunter

This article examines the news coverage the death of Steve Irwin, widely known as the Crocodile Hunter, generated in Australia. In line with past research on commemorative journalism, the study demonstrates the dominant discourses employed in the reporting of Irwin's death. It is argued that Australia's newspapers invoked a number of national myths, such as mateship, larrikinism and anti-elitism, in order to re-assert notions of Australian identity and social values and to deal with the grief over his loss. Most importantly, the study sheds new light on how news media deal with challenges to the dominant memorialising discourse. Past studies had not been able to investigate in much detail alternative discourses, but in examining Irwin's death, we are able to see how the media deal with such an unwanted interruption. It is argued that newspapers appropriated the alternative perspective within the mythical terms of their memorialising discourse, thereby not allowing it to disrupt the memorialisation itself and in fact further strengthening the process of mythologising the Crocodile Hunter.

Simultaneous estimation of hunting pressure, harvest and hunter success rates using WinBUGS

The use of hierarchical Bayesian spatial models in the analysis of ecological data is increasingly prevalent. The implementation of these models has been heretofore limited to specifically written software that required extensive programming knowledge to create. The advent of WinBUGS provides access to Bayesian hierarchical models for those without the programming expertise to create their own models and allows for the more rapid implementation of new models and data analysis. This facility is demonstrated here using data collected by the Missouri Department of Conservation for the Missouri Turkey Hunting Survey of 1996. Three models are considered, the first uses the collected data to estimate the success rate for individual hunters at the county level and incorporates a conditional autoregressive (CAR) spatial effect. The second model builds upon the first by simultaneously estimating the success rate and harvest at the county level, while the third estimates the success rate and hunting pressure at the county level. These models are discussed in detail as well as their implementation in WinBUGS and the issues arising therein. Future areas of application for WinBUGS and the latest developments in WinBUGS are discussed as well.

The Torrent : Toowoomba and the Lockyer Valley, 10 January 2011

Of all the stories to emerge from Queensland’s catastrophic summer of 2011, the most dramatic and starkly tragic were those that took place in Toowoomba and the Lockyer Valley. On January 10, 2011, after weeks of heavy rain and as floodwaters began to overwhelm much of south-east Queensland, an ‘inland tsunami’ hit the city of Toowoomba, the rural districts of Spring Bluff and Postmans Ridge, and the towns of Murphys Creek, Withcott, Helidon, and Grantham. The Torrent:Toowoomba and the Lockyer Valley, 10 January 2011 tells, for the first time, the extraordinary stories of survival and loss that emerged from that terrible day. Official figures state that twenty-four people died. Many escaped death only because they were rescued by members of the community or through sheer good fortune. Based on exclusive interviews with survivors, rescuers and with the families and friends of victims of the disaster, The Torrent is a unique and powerful account of human courage in the face of the devastating force of nature, and the enduring resilience of ordinary Australians.

Culture makes you stronger : Aboriginal women’s voices from the South Coast of NSW

This paper will describe a community based research project examining the health and wellbeing of a sample of Aboriginal women in Australia, and present preliminary findings of a community needs analysis. The Shoalhaven Koori Women’s Study (SKWS) is being led by an Aboriginal woman based within Waminda, an Aboriginal women’s community controlled service located on the South Coast of NSW. The community needs analysis is the first stage of the SKWS, and aims to explore Aboriginal women’s perceptions and experiences of wellness and wellbeing, including issues related to their personal strengths, health and social priorities, support needs and that of their families. Thirty Aboriginal women were interviewed using a survey that included closed and open ended questions. Methods used to administer the survey included yarning and Dadirri (deep listening), two valid and culturally safe approaches for data collection with Aboriginal people. Adopting these approaches ensured Aboriginal protocols were maintained and upheld throughout the research process. This enabled scientific rigour while also ensuring activities were culturally safe. Key findings of the survey will be presented, and how Waminda is modifying service delivery to better respond to the health and social priorities of Aboriginal women in the Shoalhaven region will be discussed. Community feedback of survey results will occur to validate the analysis from the community perspective.

Personal injury in motor accident in NSW - procedural requirements under Motor Accidents Insurance Act 1988 (NSW)

In Hooper v Robinson [2002] QDC 080 (District Court of Queensland, D 4841 of 2001, McGill DCJ, 19.4.2002) McGill DCJ considered the application of the decision in John Pfeiffer Pty Ltd v Rogerson [2000] 203 CLR 503 to notice requirements such as in s42 of NSW Motor Accident Insurance Act 1988 and concluded such provisions are now substantive.

Impact of a change in tillage and crop residue management practice on soil chemical and microbiological properties in a cereal-producing red duplex soil in NSW, Australia

The effect of a change of tillage and crop residue management practice on the chemical and micro-biological properties of a cereal-producing red duplex soil was investigated by superimposing each of three management practices (CC: conventional cultivation, stubble burnt, crop conventionally sown; DD: direct-drilling, stubble retained, no cultivation, crop direct-drilled; SI: stubble incorporated with a single cultivation, crop conventionally sown), for a 3-year period on plots previously managed with each of the same three practices for 14 years. A change from DD to CC or SI practice resulted in a significant decline, in the top 0-5 cm of soil, in organic C, total N, electrical conductivity, NH4-N, NO3-N, soil moisture holding capacity, microbial biomass and CO2 respiration as well as a decline in the microbial quotient (the ratio of microbial biomass C to organic C; P <0.05). In contrast, a change from SI to DD or CC practice or a change from CC to DD or SI practice had only negligible impact on soil chemical properties (P >0.05). However, there was a significant increase in microbial biomass and the microbial quotient in the top 0-5 cm of soil following the change from CC to DD or SI practice and with the change from SI to DD practice (P <0.05). Analysis of ester-linked fatty acid methyl esters (EL-FAMEs) extracted from the 0- to 5-cm and 5- to 10-cm layers of the soils of the various treatments detected changes in the FAME profiles following a change in tillage practice. A change from DD practice to SI or CC practice was associated with a significant decline in the ratio of fungal to bacterial fatty acids in the 0- to 5-cm soil (P <0.05). The results show that a change in tillage practice, particularly the cultivation of a previously minimum-tilled (direct-drilled) soil, will result in significant changes in soil chemical and microbiological properties within a 3-year period. They also show that soil microbiological properties are sensitive indicators of a change in tillage practice.

Analysis of the needs of the East Coast cluster regional natural resource management bodies in relation to planning for climate change adaptation

The Climate Change Adaptation for Natural Resource Management (NRM) in East Coast Australia Project aims to foster and support an effective “community of practice” for climate change adaptation within the East Coast Cluster NRM regions that will increase the capacity for adaptation to climate change through enhancements in knowledge and skills and through the establishment of long‐term collaborations. It is being delivered by six consortium research partners: * The University of Queensland (project lead) * Griffith University * University of the Sunshine Coast * CSIRO * New South Wales Office of Environment and Heritage * Queensland Department of Science, IT, Innovation and the Arts (Queensland Herbarium). The project relates to the East Coast Cluster, comprising the six coastal NRM regions and regional bodies between Rockhampton and Sydney: * Fitzroy Basin Association (FBA) * Burnett‐Mary Regional Group (BMRG) * SEQ Catchments (SEQC) * Northern Rivers Catchment Management Authority (CMA) (NRCMA) * Hunter‐Central Rivers CMA (HCRCMA) * Hawkesbury Nepean CMA (HNCMA). The aims of this report are to summarise the needs of the regional bodies in relation to NRM planning for climate change adaptation, and provide a basis for developing the detailed work plan for the research consortium. Two primary methods were used to identify the needs of the regional bodies: (1) document analysis of the existing NRM/ Catchment Action Plans (CAPs) and applications by the regional bodies for funding under Stream 1 of the Regional NRM Planning for Climate Change Fund, and; (2) a needs analysis workshop, held in May 2013 involving representatives from the research consortium partners and the regional bodies. The East Coast Cluster includes five of the ten largest significant urban areas in Australia, world heritage listed natural environments, significant agriculture, mining and extensive grazing. The three NSW CMAs have recently completed strategic level CAPs, with implementation plans to be finalised in 2014/2015. SEQC and FBA are beginning a review of their existing NRM Plans, to be completed in 2014 and 2015 respectively; while BMRG is aiming to produce a NRM and Climate Variability Action Strategy. The regional bodies will receive funding from the Australian Government through the Regional NRM Planning for Climate Change Fund (NRM Fund) to improve regional planning for climate change and help guide the location of carbon and biodiversity activities, including wildlife corridors. The bulk of the funding will be available for activities in 2013/2014, with smaller amounts available in subsequent years. Most regional bodies aim to have a large proportion of the planning work complete by the end of 2014. In addition, NSW CMAs are undergoing major structural change and will be incorporated into semi‐autonomous statutory Local Land Services bodies from 2014. Boundaries will align with local government boundaries and there will be significant change in staff and structures. The regional bodies in the cluster have a varying degree of climate knowledge. All plans recognise climate change as a key driver of change, but there are few specific actions or targets addressing climate change. Regional bodies also have varying capacity to analyse large volumes of spatial or modelling data. Due to the complex nature of natural resource management, all regional bodies work with key stakeholders (e.g. local government, industry groups, and community groups) to deliver NRM outcomes. Regional bodies therefore require project outputs that can be used directly in stakeholder engagement activities, and are likely to require some form of capacity building associated with each of the outputs to maximise uptake. Some of the immediate needs of the regional bodies are a summary of information or tools that are able to be used immediately; and a summary of the key outputs and milestone dates for the project, to facilitate alignment of planning activities with research outputs. A project framework is useful to show the linkages between research elements and the relevance of the research to the adaptive management cycle for NRM planning in which the regional bodies are engaged. A draft framework is proposed to stimulate and promote discussion on research elements and linkages; this will be refined during and following the development of the detailed project work plan. The regional bodies strongly emphasised the need to incorporate a shift to a systems based resilience approach to NRM planning, and that approach is included in the framework. The regional bodies identified that information on climate projections would be most useful at regional and subregional scale, to feed into scenario planning and impact analysis. Outputs should be ‘engagement ready’ and there is a need for capacity building to enable regional bodies to understand and use the projections in stakeholder engagement. There was interest in understanding the impacts of climate change projections on ecosystems (e.g. ecosystem shift), and the consequent impacts on the production of ecosystem services. It was emphasised that any modelling should be able to be used by the regional bodies with their stakeholders to allow for community input (i.e. no black box models). The online regrowth benefits tool was of great interest to the regional bodies, as spatial mapping of carbon farming opportunities would be relevant to their funding requirements. The NSW CMAs identified an interest in development of the tool for NSW vegetation types. Needs relating to socio‐economic information included understanding the socio‐economic determinants of carbon farming uptake and managing community expectations. A need was also identified to understand the vulnerability of industry groups as well as community to climate change impacts, and in particular understanding how changes in the flow of ecosystem services would interact with the vulnerability of these groups to impact on the linked ecologicalsocio‐economic system. Responses to disasters (particularly flooding and storm surge) and recovery responses were also identified as being of interest. An ecosystem services framework was highlighted as a useful approach to synthesising biophysical and socioeconomic information in the context of a systems based, resilience approach to NRM planning. A need was identified to develop processes to move towards such an approach to NRM planning from the current asset management approach. Examples of best practice in incorporating climate science into planning, using scenarios for stakeholder engagement in planning and processes for institutionalising learning were also identified as cross‐cutting needs. The over‐arching theme identified was the need for capacity building for the NRM bodies to best use the information available at any point in time. To this end a planners working group has been established to support the building of a network of informed and articulate NRM agents with knowledge of current climate science and capacity to use current tools to engage stakeholders in NRM planning for climate change adaptation. The planners working group would form the core group of the community of practice, with the broader group of stakeholders participating when activities aligned with their interests. In this way, it is anticipated that the Project will contribute to building capacity within the wider community to effectively plan for climate change adaptation.

Urban growth in the Kathmandu Valley: The transformation of public space

Traditional towns of the Kathmandu Valley boast a fine provision of public spaces in their neighbourhoods. Historically, a hierarchy of public space has been distributed over the entire town with each neighbourhood centered around more or less spacious public squares. However, rapid growth of these towns over the past decades has resulted in haphazard development of new urban areas with little provision of public space. Recent studies indicate that the loss of public space is a major consequence of the uncontrolled urban growth of the Kathmandu Valley and its new neighbourhoods. This paper reviews the current urban growth of the Kathmandu Valley and its impact on the development of public space in new neighbourhoods. The preliminary analysis of the case study of three new neighbourhoods shows that the formation and utilization of neighbourhood public space exhibit fundamental differences from those found in the traditional city cores. The following key issues are identified in this paper: a) Governance and regulations have been a challenge to regulate rapid urban growth; b) The current pattern of neighbourhood formation is found to be different from that of traditional neighbourhoods due to the changes with rapid urban development; c) Public spaces have been compromised in both planned and unplanned new neighbourhoods in terms of their quantity and quality; d) The changing provision of public space has contributed to its changing use and meaning; and e) The changing demographic composition, changing society and life style have had direct impact on the declining use of public space. Moreover, the management of public spaces remains a big challenge due to their changing nature and the changing governance. The current transformation public space does not appear to be conducive, and has led to adversely changing social environment of the new neighbourhoods.

The times, wines and tides of Tasmania’s Tamar Valley

A travel article about the Tamar Valley, Tasmania. FROM Launceston to Low Head and the Tamar River’s entry into Bass Strait, big tides bring with them an atmosphere of a beach community, but also of a community a little stranded in time. Half the day the locals live by the sea, and for the other half along wide flats. It’s an old rhythm in a place where much has gone unchanged...

Queensland floods anniversary : Brian Willmett

"In today's story we hear from Postmans Ridge helicopter pilot, Brian Willmett, and how he and his neighbours worked together to rescue four people, including Kevin and Eileen Lees, from the inland tsunami which swept down the Lockyer Valley during last year's Queensland floods. It was a ten metre high wave that swept through Postmans Ridge that day, ripping houses from their foundations and sweeping two people to their deaths. Brian Willmett was at home when he suddenly ran to rescue neighbours who were in danger. To mark the anniversary of the floods in Queensland, ABC Open has compiled Aftermath, an extensive look at the Queensland floods as well as floods in NSW, Victoria and remote Western Australia, Cyclone Yasi and the 2009 Victorian 'Black Saturday' bushfires. Australia certainly has been hit by a few disasters in the past two or so years. The site has a timeline showing content from these six disasters, with links to about 40 people effected by these disasters. If you go to that site you will be able to choose a person to watch videos about them."

Queensland floods anniversary : Angela Emmerson

"We're marking the anniversary of the destructive floods that hit Queensland a year ago this week with our series of interviews from survivors. Today's story is from Helidon teenager and university student Angela Emmerson, who tells Amanda Gearing how she and her sister scrambled to the roof to escape the dangerous flash flood which suddenly engulfed their house on the 10th of January last year. Tomorrow we'll hear from Grantham resident Rob Wilkin who rescued 31 local people using his car and boat. He helped them escape to safety as 138 houses in the town were destroyed. To mark the anniversary of the floods in Queensland, ABC Open has compiled Aftermath, an extensive look at the Queensland floods as well as floods in NSW, Victoria and remote Western Australia; Cyclone Yasi and the 2009 Victorian 'Black Saturday' bushfires. Australia certainly has been hit by a few disasters in the past two or so years. The site has a timeline showing content from these six disasters, with links to about 40 people effected by these disasters. If you go to that site you will be able to choose a person to watch videos about them."

Queensland floods anniversary : Rob Wilkin

"This week, we have been marking the anniversary of the destructive floods that hit Queensland a year ago this week with a series of interviews from survivors. Today's story comes from Grantham resident Rob Wilkin who helped save 31 people in the flash flood disaster on the 10th of January last year. 23 people in Toowoomba and the Lockyer Valley died and 138 houses in the town were destroyed.. To mark the anniversary of the floods in Queensland, ABC Open has compiled 'Aftermath', an extensive look at the Queensland floods as well as floods in NSW, Victoria and remote Western Australia, Cyclone Yasi and the 2009 Victorian 'Black Saturday' bushfires. Australia certainly has been hit by a few disasters in the past two or so years. The site has a timeline showing content from these six disasters, with links to about 40 people effected by these disasters. If you go to that site you will be able to choose a person to watch videos about them."

Child's body in tree adds to Lockyer Valley death toll

"Two more bodies, including a that of child discovered in a tree, were retrieved in the Lockyer Valley at the weekend, reinforcing the grisly complexity of the search for the missing."