Dietary items of the black falcon falco subniger and zebra finch taeniopygia guttata in Northern Victoria

This note reports an incidental observation of a Black Falcon Falco subniger taking a Zebra Finch Taeniopygia guttata. The captured Finch voided the contents of its crop, revealing that it had been feeding on Onion Grass Romulea rosea. Zebra Finches have not been reported in the diet of Black Falcons, and Onion Grass seeds have not been reported in the diet of Zebra Finches previously.

Case note - Roosters, ducks and labour hire arrangements : Damevski v Guidice (2003) 202 ALR 494 (FCA Full Court)

One of the features of the current Australian labour market is the growth in the number of businesses "contracting out" work that was previously performed by their employees. The "contracting out" is often done through labour hire arrangements: the business engages a labour hire agency to provide it with suitable labour on an "as needs" basis. A common scenario is that the labour hire agency contracts both with the workers who provide the services to the agency's client, and with the client to whom those services are provided. Often the agency pays the workers and bills its client for the labour costs, plus a service fee. Research indicates that during the first half of the 1990s, "the number of agency workers more or less doubled."1 Analysis of the latest data from the Australian Bureau of Statistics on the number of workers employed through labour hire arrangements has suggested: "290,100 employees were 'on-hired' through agencies in June 2002 and 162,000 workers were paid by labour hire firms in November 2001 (almost doubling from 84,300 some three years earlier)." The value of the employment services industry in 2001-02 was $10.2 billion. 2

R v Scobie, finally taking the Royal Commission into aboriginal deaths in custody seriously?

Royal Commission into Aboriginal Deaths in Custody examined in the context of R v Scobie - the use made of the Commission's recommendations by Justice Gray in R v Scobie - questioning the value of imprisonment for certain types of offenders.

Allegations of unlawful discrimination in education: parents taking their fight for Auslan to the courts

This paper examines the use of the Disability Discrimination Act (Commonwealth of Australia, 1992) by parents seeking access for their deaf children to native sign language in the classroom. It reviews a number of cases in which Australian parents have claimed indirect discrimination by educational authorities over their children's lack of access to instruction through Australian Sign Language (Auslan) and discusses the outcomes of such litigation. The policies endorsed by deafness organizations are contrasted with those of state educational authorities. The author discusses the limitations of a complaints-based system to address systemic discrimination and suggests the need for legislation to protect the linguistic rights of deaf children.

Taking parliamentary sovereignty seriously within a Bill of Rights framework

The Victorian Government has made a commitment to consult with the community on how best to protect and promote human rights in Victoria. To this end, it has established a Human Rights Consultation Committee to undertake this consultation and to report on the desirability or otherwise of enacting a Bill of Rights. The government has, however, indicated its preference for a statutory Bill of Rights and one that preserves the 'sovereignty of Parliament'. This article takes those two government preferences as its baseline and then explores what might follow if the preservation of parliamentary sovereignty is taken seriously within a Victorian rights framework.

Section 46 of the Trade Practices Act-has the High Court made a "u-turn" on "taking advantage"?

Examination of High Court decisions on misuse of market power in regard to the element of "taking advantage" reveals inconsistency of application. Whilst being consistent regarding the need for a connection between the market power and the impugned conduct, the High Court has not been consistent regarding the degree of connection required. Two streams have developed, one supporting a high degree of connection, the other a lower degree before a firm is found to have "taken advantage" of its market power. Added to this has been the development of the "rational business explanation" which, it is argued, is either used as a defence to a s 46 action or is premised on the higher threshold of connection. Initially the high Court supported the lower threshold. In later decisions, whilst expressing support for the earlier decisions, in application the High Court favoured the higher threshold and at one point the rational business explanation. This trend appears to have been reversed with the most recent High Court decision which indicates substantive support for the earlier s 46 decisions.

Linking environmental uncertainty to non-financial performance measures and performance : a research note

Several previous research studies have reported mixed results concerning the direct association between non-financial performance measures and  performance. The presence of environmental uncertainty on this relationship has not been established. This paper makes a contribution to this area by proposing that it is in conditions of environmental uncertainty that non-financial measures are most useful in improving organizational performance. It analyses empirical data from a sample of New Zealand manufacturing organizations to test the hypothesis that non-financial measures of performance would lead to improved organizational performance under conditions of increased environmental uncertainty. Multiple regression analysis of the data suggests that performance should be a declining function of the size of the ‘mismatch’ between an organization's environment and use of the different combinations of non-financial performance measures. Further, the paper concludes that prior mixed results may be attributed to the omission of environmental uncertainty.

E-commerce and graduate education: is educational quality taking a nose dive?

Purpose: Online education has been growing rapidly, but has not had the benefit of the extensive teaching pedagogy development of traditional face-to-face teaching. This paper aims to provide a review of the current literature and present the results of a survey, conducted to determine the effectiveness of a graduate online subject. Design/methodology/approach: The literature was reviewed to identify measures of success and quality in online education delivery. These measures were then considered in relation to their application in practice via a case study based around a survey conducted at Deakin University in Australia. Findings: A total of 16 relevant measures of teaching quality were identified in the literature. Most measures had elements of bias and some were more generally applicable to online learning. The case study suggested that the value of computer mediated learning in an online environment was limited and that a combination of print and computer mediated conferencing performed better in more of the identified quality matrices. Practice implications: Online learning does not save teaching resources if standards of quality are maintained. It can be used to provide a remote teaching facility, provided it is backed up by resources such as printed study guides. For the subject evaluated, online mediated learning did not the provide the same quality of education. Originality/value: Whilst some research has been conducted in this area, no substantive grounded theory has been applied to postgraduate or fee-paying online education regimes. As a result, case studies of such applications can be very helpful in the design of future teaching systems.

Micro-credit programs and land distribution: a note

"Micro-credit" has come to refer to a popular extension strategy---usually in the agricultural sector---whereby a government or NGO extends credit at favorable rates to poorer borrowers, with repayment being supported by some kind of mortgage on the borrower's social capital. In the commonest case, eligibility is determined by the borrower's wealth, as indexed by his/her landholding. This note shows that, with an imperfect land market, the response to such a program will be to fragment landholdings which are smaller than a certain threshold, while larger holdings remain unaffected. Thus the pattern of landholding will tend to become more polarized.

A note on psychoanalysis and the crime of torture

Torture and the legitimate powers of the state - why are psychoanalysts involved - torture can be seen as an information gathering device - psychoanalysis may play a role in the creation of information gathering coercion techniques.

Taking stock of school music education in Victoria: the lessons of history in the present context of the national review

The National Review of School Music Education represents a unique opportunity to identify and find solutions to some of the very long-standing problems in Australian school music education, particularly in the government school sector. This paper is based on the premise that there are lessons to be learned from the over 150 years of music education in Victorian government schools and that it is only by considering the current status, provision and quality of school music from an historical perspective and resolving emergent issues that effective and worthwhile music education can be provided for future generations of Australian students. Developments in school music education since the 1850s are discussed and analysed in terms of the present-day issues to be addressed by National Review and a number of mutually-dependent factors are identified as combining to produce almost cyclic patterns of ebb and flow in the status, provision and quality of music education in Victoria. The paper identifies several such factors requiring immediate attention including the inadequacy of generalist primary teacher education in music, what has effectively become the extra-curricular status of music in many government schools, and the more recent problems associated with 'the over-crowded curriculum' and the emergence of The Arts as the generic Key Learning Area in which Music now finds itself as just one of many arts disciplines. The paper concludes by making three key recommendations for consideration in the context of the current National Review of School Music Education.