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.

Environment, resource sustainability and sustainable behaviour: exploring perceptions of students in South West Victoria

The movement toward a sustainable future has begun in many parts of the world, as the seriousness of the environmental problems faced by the planet become more widely recognised. Waste reduction, improved efficiency of energy use, water saving devices and changes in modes of transport are the first steps in the transition to a sustainable future. The students of today will be the decision makers of tomorrow and, thus, can have a significant effect on future development and the environmental
impacts of that development. If students today are to become active participants in the environmental decision-making process, education for sustainability becomes a key component in ensuring sustainable futures. There is a need to establish data describing students’ attitudes toward environmental and resource sustainability issues so that challenges to implementing sustainable development policy can be better recognised. The aims of this study were to identify the perceptions of students in
the south west region of Victoria regarding environment and resource sustainability, and to identify their level of participation in sustainable behaviours. A survey of students has found that global environmental issues perceived by students as being in urgent need of attention were access to freshwater, loss of tropical rainforest and exhaustion of natural resources. At the local level the most urgent issues identified were water pollution, salinization and soil degradation, and clearing of native vegetation. Students perceive that Australians are overusing natural resources. They indicated particular concern for the sustainability of fossil fuels, water, coastal environments and fisheries resources. The results of this study indicate that students are responding to concerns for the environment and resource sustainability by embracing some forms of sustainable behaviour. However, as educators we need to ensure that
the link is made between environment and resource sustainability and the implementation of policies that will further encourage sustainable behaviour.

Spatial and temporal definition of Ochlerotatus camptorhynchus (Thomson) (Diptera: Culicidae) in the Gippsland Lakes system of eastern Victoria

The confirmed vector of Ross River virus, Ochlerotatus camptorhynchus (Thomson), is the dominant mosquito species inhabiting saline marshes in coastal Victoria. This paper re-examines previously published data on Oc. camptorhynchus, plus additional data collected since that time, and provides greater spatial and temporal definition of Oc. camptorhynchus numbers at seven sites across the Gippsland Lakes system of eastern Victoria. A total of 357 672 Oc. camptorhynchus was captured from 1188 trap-nights across the seven trap sites during trapping seasons from 1990 to 2001. The  dominance of Oc. camptorhynchus across the seven sites averaged 75%, with significant differences in mean abundance of Oc. camptorhynchus found between all trap sites. Significant differences in monthly abundance of Oc. camptorhynchus were observed for Wellington Shire. Increase in populations of Oc. camptorhynchus was associated with increases in rainfall at all trap sites, higher minimum temperatures at two of the seven trap sites, and wind speed at one trap site. Prioritisation of mosquito control may be applied based on spatial and temporal factors according to the findings of this study.

Breeding biology, adult survival and territoriality of the white-browed treecreeper (climacteris affinis) in north-west Victoria, Australia

This is the first study to present empirical data describing the social organisation and breeding biology of the White-browed Treecreeper (Climacteris affinis). The species is typical of many small Australian passerines in that it has high annual survival (~80%), small clutches (mean = 1.95 ± 0.05), long breeding seasons (eggs laid August to November) and long incubation (17–18 days) and nestling periods (25–26 days), corrected for body weight. Reproductive effort is modified in response to variation in climatic conditions by adjusting the commencement of breeding and number of clutches laid per season, which is facilitated by an extended breeding season. White-browed Treecreepers occupied relatively large (mean = 8.4 ± 0.8 ha), all-purpose territories throughout the year. However, unlike many group territorial birds, territory size was not related to the number of occupants. The role of food limitation and climatic variability in relation to territory dispersion and life-history traits is explored. Facultative cooperative breeding was confirmed. Cooperative groups were formed through male philopatry, with usually only one, but up to three, male helpers present in a moderate fraction (35%) of breeding units. Thus, all species of Climacteris are now confirmed as facultative cooperatively breeding species, which provides further evidence for the aggregation of cooperative breeders at the generic level in mixed (i.e. cooperative and pair breeders) phylogenetic clades. In C. affinis, males may attain breeding positions through inheritance of their natal territory or by filling vacancies in nearby territories. Females obtained breeding positions by ‘floating’ as non-breeding residents in established territories, waiting for a vacancy to arise.

Hydrology or floristics? Mapping and classification of wetlands in Victoria, Australia, and implications for conservation planning

A national approach to the conservation of biodiversity in Australia’s freshwater ecosystems is a high priority. This requires a consistent and comprehensive system for the classification, inventory, and assessment of wetland ecosystems. This paper, using the State of Victoria as a case study, compares two classification systems that are commonly utilized to delineate and map wetlands—one based on hydrology (Victorian Wetland Database [VWD]) and one based on indigenous vegetation types and other natural features (Ecological Vegetation Classes [EVC]). We evaluated the extent of EVC mapping of wetlands relative to the VWD classification system using a number of datasets within a geographical information system. There were significant differences in the coverage of extant EVCs across bioregions, different-sized wetlands, and VWD wetland types. Resultant depletion levels were markedly different when examined using the two systems, with depletion levels, and therefore perceived conservation status, of EVCs being significantly higher. Although there is little doubt that many wetland ecosystems in Victoria are in fact threatened, the extent of this threat cannot accurately be determined by relying on the EVC mapping as it currently stands. The study highlighted the significant impact wetland classification methods have in determining the conservation status of freshwater ecosystems.

Spatial, temporal and size-class variation in the diet of estuary perch (Macquaria colonorum) in the Hopkins River, Victoria, Australia

The dietary importance of prey of estuary perch (Macquaria colonorum; Percicthyidae: Günther) was examined spatially, temporally and among size classes. Fish were collected from the Hopkins River, south-western Victoria, from September 1998 to February 1999. The species is a euryhaline, euryphagic carnivore with spatial, temporal and size class variations in diets. Fish caught from estuarine locations consumed primarily Paratya australiensis (40% IRI) while freshwater fish consumed mostly Tricopteran larvae (63.5% IRI). In both freshwater and estuarine locations, the relative importance of P. australiensis decreased with increasing length of fish. Diet changed seasonally, indicating opportunistic changes in prey. The species selected particular prey items relative to environmental availability (P. australiensis, Amarinus lacustrine).

Terrestrial avifauna of the Gippsland Plain and Strzlecki Ranges, Victoria, Australia: insights from Atlas data.

The rate and spatial scale at which natural environments are being modified by human land-uses mean that a regional or national perspective is necessary to understand the status of the native biota. Here, we outline a landscape-based approach for using data from the ‘New Atlas of Australian Birds’ to examine the distribution and status of avifauna at a regional scale. We use data from two bioregions in south-east Australia – the Gippsland Plain and the Strzelecki Ranges (collectively termed the greater Gippsland Plains) – to demonstrate this approach. Records were compiled for 57 landscape units, each 10′ latitude by 10′ longitude (~270 km2) across the study region. A total of 165 terrestrial bird species was recorded from 1870 ‘area searches’, with a further 24 species added from incidental observations and other surveys. Of these, 108 species were considered ‘typical’ of the greater Gippsland Plain in that they currently or historically occur regularly in the study region. An index of species ‘occurrence’, combining reporting rate and breadth of distribution, was used to identify rare, common, widespread and restricted species. Ordination of the dataset highlighted assemblages of birds that had similar spatial distributions. A complementarity analysis identified a subset of 14 landscape units that together contained records from at least three different landscape units for each of the 108 ‘typical’ species. When compared with the 40 most common ‘typical’ species, the 40 least common species were more likely to be forest specialists, nest on the ground and, owing to the prevalence of raptors in the least common group, take prey on the wing. The future status of the terrestrial avifauna of the greater Gippsland Plains will depend on the extent to which effective restoration actions can be undertaken to ensure adequate representation of habitats for all species, especially for the large number of species of conservation concern.

A conceptual model for recruitment and retention : allied health workforce enhancement in Western Victoria, Australia

Attracting and retaining allied health professionals in rural areas is a recognised problem in both Australia and overseas. Predicted increases in health needs will require strategic actions to enhance the rural workforce and its ability to deliver the required services. A range of factors in different domains has been associated with recruitment and retention in the allied health workforce. For example, factors can be related to the nature of the work, the personal needs, or the way an organisation is led. Some factors cannot be changed (eg geographical location of extended family) whereas others can be influenced (eg education, support, management styles). Recruitment and retention of allied health professionals is a challenging problem that deserves attention in all domains and preparedness to actively change established work practices, both individually as well as collectively, in order to cater for current and predicted health needs. Changes to enhance workforce outcomes can be implemented and evaluated using a cyclic model. The Allied Health Workforce Enhancement Project of the Greater Green Triangle University Department of Rural Health (GGT UDRH) is working towards increasing the number of allied health professionals in the south west of Victoria. Based on themes identified in the literature, an interactive model is being developed that addresses recruitment and retention factors in three domains: (1) personal or individual; (2) organisation; and (3) community.

A preliminary examination of the diet and feeding of sea sweep Scorpis aequipinnis (Pisces: Scorpididae) from coastal waters of south-western Victoria, Australia

The diet and feeding of sea sweep (Scorpis aequipinnis) was investigated from 230 specimens collected from the south-western Victorian coastline between January and July, 2002. Stomach content analysis indicated that S. aequipinnis are browsing omnivores (55.6% algae, 25.4% animal, by dry weight), with rhodophytes found to be the most important component of their diet (93.5% frequency of occurrence; 42.6% dry weight; 45.5% prey-specific abundance). However, the relative proportions of the major dietary components differed significantly between size classes. The dietary composition of small individuals ( < 150 mm total length) was significantly different to larger individuals, primarily due to a higher degree of carnivory exhibited by the smaller fish. S. aequipinnis were found to be highly flexible feeders exploiting both benthic and pelagic food resources, characterised by irregular periods of selective carnivorous feeding.

Trends in children`s physical activity and weight status in high and low socio-economic status areas of Melbourne, Victoria, 1985-2001

Objective:
To examine trends in active transport to and from school, in school sport and physical education (PE), and in weight status among children from high and low socio-economic status (SES) areas in Melbourne, Victoria, between 1985 and 2001.

Methods:
Cross-sectional survey data and measured height and weight from 1985 (n=557) and 2001 (n=926) were compared for children aged between 9–13 years within high and low SES areas.

Results:
From 1985 to 2001, the frequency of walking to or from school declined (4.38±4.3 vs. 3.61 ± 3.8 trips/wk, p<0.001), cycling to or from school also declined (1.22±2.9 vs. 0.36±1.5 trips/wk, p<0.001), and the frequency of PE lessons declined (1.64±1.1 vs. 1.18±0.9 lessons/wk, p<0.001). However, the frequency of school sport increased (0.9±1.22 vs. 1.24±0.8 sessions/wk, p<0.001). In 1985, 11.7% of children were overweight or obese compared with 28.7% in 2001 (p<0.001). Apart from walking to school and school sport, there were greater relative declines in cycling to school and PE, and increases in overweight and obesity among children attending schools in low SES areas compared with those attending schools in high SES areas.

Conclusions:
Declines in active school transport and PE have occurred at the same time as increases in overweight and obesity among Australian children.

Implications:
Promoting active school transport and maintaining school sport and PE should be important public health priorities in Australia. Current inequities in school sport and PE and in prevalence of overweight and obesity by area-level SES also need to be addressed.

Crown appeals against sentence in Victoria : results and implications of an empirical study

Empirical study between 2002 and 2004 on decisions of the Victorian Court of Criminal Appeal relating to sentencing appeals - increase in number of Crown appeals - possible reasons - increasing success of Crown appeals - implications for criminal justice system - higher success on the basis of manifest inadequacy for the Crown than for sentenced persons on the same ground of manifest excess - reconsideration of principles concerning Crown appeals.

Wetland reservation on Victoria's northern plains and riverine forests

The depletion and reservation levels of wetlands varied significantly both across the Murray Fans and Victorian Riverina bioregions and in the study area of the Victorian Environmental Assessments Council's River Red Gum Forests Investigation. The proportion of Freshwater Meadows in protected areas was substantially lower than for other wetland types. Furthermore, of the wetlands that are reserved, many were only partially within a protected area. A variety of reserve categories are used to protect wetlands across the three regions, ranging from reserves with high legal protection and a strong focus on biodiversity conservation to reserves with a lower level of protection and emphasis on biodiversity
conservation. The findings highlight that many wetlands are incompletely reserved in Victoria's northern plains and riverine forests. The current review of public land use in the River Red Gum Forests, which includes Barmah Forest, should recognise these issues to ensure the effective reservation of wetland ecosystems.

Not quite a brave new world: Victoria's occupational health and safety Act 2004

This article provides a concise overview ofthe Victoria's new Occupational Health and Safety Act 2004 ("OHSA 2004"). After outlining the Maxwell Report on which much ofthe OHSA 2004 is based, the article examines the principal legislative provisions of the Act, especially those that differ from the Occupational Health and Safety Act 1985 (Vic) ("1985 Act"). Analysis of the legislation evaluates some positive developments, as well as suggests amendments. Although the OHSA 2004 contains numerous alterations in its scheme as compared to the 1985 Act, these changes are unlikely to usher in a brave new world of occupational health and safety regulation in Victoria