State of the arts and innovation : before and after the review of the national innovation system

This article examines the relationship between the arts and national innovation policy in Australia, pivoting around the Venturous Australia report released in September 2008 as part of the Review of the National Innovation System (RNIS). This came at a time of optimism that the arts sector would be included in Australia’s federal innovation policy. However, despite the report’s broad vision for innovation and specific commentary on the arts, the more ambitious hopes of arts sector advocates remained unfulfilled. This article examines the entwining discourses of creativity and innovation which emerged globally and in Australia prior to the RNIS, before analysing Venturous Australia in terms of the arts and the ongoing science-and-technology bias to innovation policy. It ends by considering why sector-led policy research and lobbying has to date proved unsuccessful and then suggests what public policy development is now needed.

The social work & human services workforce : report from a national study of education, training and workforce needs

This report analyses the national curriculum and workforce needs of the social work and human services workforce. Australia’s community and health services are among the fastest growing sectors of employment in the nation but the sustainability of an appropriately qualified workforce is threatened. Yet there is little integration of education and workforce planning for the community services sector. This contrasts markedly with the health services sector, where key stakeholders are collaboratively addressing workforce challenges. Our research confirmed rapid growth in the social work and human services workforce and it also identified: • an undersupply of professionally qualified social work and human service practitioners to meet workforce demand; • the rapid ageing of the workforce with many workers approaching retirement; • limited career and salary structures creating disincentives to retention; • a highly diverse qualification base across the workforce. This diversity is inconsistent with the specialist knowledge and skills required of practitioners in many domains of community service provision. Our study revealed a lack of co-ordination across VET and higher education to meet the educational needs of the social work and human services workforce. Our analysis identified: • strong representation of equity groups in social work and related human service programs, although further participation of these groups is still needed; • the absence of clear articulation pathways between VET and higher education programs due the absence of co-ordination and planning between these sectors; • substantial variation in the content of the diverse range of social work and human service programs, with accredited programs conforming to national standards and some others in social and behavioural sciences lacking any external validation; • financial obstacles and disincentives to social work and human service practitioners in achieving postgraduate level qualifications. We recommend that: • DEEWR identify accredited social work and human services courses as a national education priority (similar to education and nursing). This will help ensure the supply of professional workers to this sector; • VET and higher education providers are encouraged to collaboratively develop clear and accessible educational pathways across the educational sectors; • DEEWR undertake a national workforce analysis and planning processes in collaboration with CSDMAC, and all social and community services stakeholders, to ensure workforce sustainability; and • COAG develop a national regulation framework for the social and community services workforce. This would provide sound accountability systems, and rigorous practice and educational standards necessary for quality service provision. It will also ensure much needed public confidence in this workforce.

The legal nature of justice in REDD+

Formation of Reduced Emissions from Deforestation and Degradation (REDD+) policy within the international climate regime has raised a number of discussions about ‘justice’. REDD+ aims to provide an incentive for developing countries to preserve or increase the amount of carbon stored in their forested areas. Governance of REDD+ is multi-layered: at the international level, a guiding framework must be determined; at the national level, strong legal frameworks are a pre-requisite to ensure both public and private investor confidence and at the sub-national level, forest-dependent peoples need to agree to participate as stewards of forest carbon project areas. At the international level the overall objective of REDD+ is yet to be determined, with competing mitigation, biological and justice agendas. Existing international law pertaining to the environment (international environmental principles and law, IEL) and human rights (international human rights law, IHRL) should inform the development of international and national REDD+ policy especially in relation to ensuring the environmental integrity of projects and participation and benefit-sharing rights for forest dependent communities. National laws applicable to REDD+ must accommodate the needs of all stakeholders and articulate boundaries which define their interactions, paying particular attention to ensuring that vulnerable groups are protected. This paper i) examines justice theories and IEL and IHRL to inform our understanding of what ‘justice’ means in the context of REDD+, and ii) applies international law to create a reference tool for policy-makers dealing with the complex sub-debates within this emerging climate policy. We achieve this by: 1) Briefly outlining theories of justice (for example – perspectives offered by anthropogenic and ecocentric approaches, and views from ‘green economics’). 2) Commenting on what ‘climate justice’ means in the context of REDD+. 3) Outlining a selection of IEL and IHRL principles and laws to inform our understanding of ‘justice’ in this policy realm (for example – common but differentiated responsibilities, the precautionary principle, sovereignty and prevention drawn from the principles of IEL, the UNFCCC and CBD as relevant conventions of international environmental law; and UNDRIP and the Declaration on the Right to Development as applicable international human rights instruments) 4) Noting how this informs what ‘justice’ is for different REDD+ stakeholders 5) Considering how current law-making (at both the international and national levels) reflects these principles and rules drawn from international law 6) Presenting how international law can inform policy-making by providing a reference tool of applicable international law and how it could be applied to different issues linked to REDD+. As such, this paper will help scholars and policy-makers to understand how international law can assist us to both conceptualise and embody ‘justice’ within frameworks for REDD+ at both the international and national levels.

Visions and values : the Children’s Book Council of Australia’s prizing of picture books in the twenty-first century

The Children’s Book Council of Australia (CBCA) administers the oldest national prize for children’s literature in Australia. Each year, the CBCA confers “Book of the Year” awards to literature for young people in five categories. In 2001, the establishment of an “Early Childhood” category opened up the venerable “Picture Book” category (first awarded in 1955) to books with an implied readership up to 18 years of age. As a result, this category has emerged in recent years as a highly visible space within which the CBCA can contest discourses of cultural marginalisation insofar as Australian (“colonial”) literature is constructed as inferior or adjunct to the major Anglophone literary traditions, and the consistent identification of children’s literature (and, indeed, of children) as lesser than its ‘adult’ counterparts. The CBCA is engaged in defining, evaluating, and legitimising a tradition of Australian children’s literature which is underpinned by a canonical impulse, and is a reflexive practice of self-definition, self-evaluation and self-legitimisation for the CBCA itself. While it is obviously problematic to identify award winners as a canon, it is equally obvious that literary prizing is a cultural practice derived from the logic of canonicity. In his discussion of the United States’s Newbery Medal, Kenneth Kidd notes that “Medal books are instant classics, the selection process an ostensible simulation of the test of time” (169) and that “the Medal is part of the canonical architecture of children's literature” (169). Thus, it is instructive to consider the visions and values of the national, of the social, and of the literary-aesthetic, in the picture books chosen by the Children’s Book Council of Australia (CBCA) as the “best” of the early twenty-first century. These books not only constitute a kind of canon for contemporary Australian children’s literature, but may well come to define what contemporary Australian children’s literature means in the wider literary field. The Book of the Year: Picture Book awards given by the CBCA since 2001 demonstrate that it is not only true of the Booker Prize that, “The choices of winning books reflect not only on the books themselves, then, but also back on the Prize, affecting its reputation and creating journalistic capital which is vital for the Prize to achieve its prominence and impact.” (81). Many of the twenty-first century CBCA award-winning picture books complicate traditional or comfortable understanding of Australianness, children’s literature, or “appropriate” modes of form and content, reminding us that “moments when texts resist or complicate recuperation into national discourses offer fruitful points for exploring the relationships between text and celebratory context” (Roberts 6). The CBCA has taken the opportunities offered by the liberation of the Picture Book category from an implied readership to challenge dominant constructions of children’s literature in Australia, and in so doing, are engaged in overt practices of canonicity with potentially long-lasting effects. Works Cited: Kidd, Kenneth. “Prizing Children’s Literature: The Case of Newbery Gold.” Children's Literature 35 (2007): 166-190. Roberts, Gillian. Prizing Literature: The Celebration and Circulation of National Culture. Toronto: U Toronto P, 2011. Squires, Claire. “Book Marketing and the Booker Prize.” Judging a Book by Its Cover: Fans, Publishers, Designers, and the Marketing of Fiction. Eds. Nicole Matthews and Nickianne Moody. Aldershot: Ashgate, 2007. 71-82.

Strengthening effectiveness of policy directives of the LVFO Council of Ministers on Lake Victoria, Uganda

Research was done to assess the dissemination and implementation by the Fisheries Department, Local Govemments and beach management units and the awareness, acceptance and compliance among fishers to the CoM Directives on management of Lake Victoria fisheries. Conducted by the National Fisheries Resources Research Institute (NaFIRRI), the research focused on the implementation and effectiveness of measures following the LYFO Council of Ministers (CoM) Directives for improved management of the fisheries of Lake Victoria, with particular reference to the 2009 CoM Directives as a case study, it was established that many of the Directives have not been implemented. In cases where the directives were implemented, their effectiveness remains questionable. While steps were taken to disseminate and implement the Directives, there were some challenges, including the unclear legal status of the directives, limited dissemination materials and poor methods of dissemination, language barriers and inadequate resources for enforcement.

St. Catharines and District Council of Women fonds

The St. Catharines and District Council of Women was founded in 1918 and elected as its first president, Mary Malcolmson. In 1910 Mrs. Malcolmson founded North America’s first Girl Guide Association in St. Catharines. The aim of the organization was to work for the betterment of conditions pertaining to the family, community and state. The Council is an umbrella group for various women’s organizations in the area and functions at the provincial, national and international levels and is associated with the United Nations. In the early years the National Council brought in the Victorian Order of Nurses (VON) and started the Women’s Canadian Club. The St. Catharines Council initiated Child Welfare Centres in local churches that grew into the Well Baby Clinics. Women were encouraged to take political office and join committees with much success. In 1929, “Shop at Home” exhibition became an annual event highlighting the services of local merchants. Money raised by the Council was donated to local charities and in 1930 the Council assisted the local Armenian community in building the first Armenian Church in Canada. In 1932 the Council started the Maternal Welfare programme in which Mothers’ Meetings were held weekly with various speakers from the Public Health Department. In 1975 to celebrate International Women’s Year and the 1976 Centennial of the City of St. Catharines, the group sponsored the book Women of Action, 1876-1976, written by two of its members, Lily M. Bell and Kathleen E. Bray. Some time after 1976 the name of the organization changed from St. Catharines Local Council of Women to St. Catharines and District Council of Women. Today the organization functions as an advocacy and educational group.

"Judicial Activism in the ""Eye of the Beholder"" : the Israeli High Court of Justice and the Human Rights of the Palestinians in the Occupied Territories"

Il est mondialement reconnu que les institutions judiciaires jouent un rôle central dans le processus de prise de décisions politiques, à la fois au niveau national et international. C’est d’ailleurs le cas à la Haute Cour de justice d’Israël. L’étendue de son succès (ou de son échec) dans la tentative de trouver une solution aux violations des droits humains dans les territoires occupés est un problème qui continue de faire l’objet de bien des débats et de recherches académiques. À cet égard, il a été suggéré que, malgré l’absence de constitution écrite et l’existence d’un état d’urgence prolongé en Israël, la Haute Cour de justice a réussi à adopter une approche « judiciairement active » quant à la protection et la promotion des droits de l’homme de manière générale, y compris ceux des Palestiniens dans les territoires occupés. Dans cette perspective, le débat sur le processus d’examen judiciaire de la Haute Cour de Justice tient pour acquise la notion qu’Israël est une démocratie. Ainsi, cet article cherche à examiner cette hypothèse. Premièrement, en adoptant la position que le processus de révision judiciaire est compatible avec la démocratie et la règle de loi. Deuxièmement, il examine l’approche « judiciairement active » de la Cour et soumet un bref aperçu du processus, des outils et des principes légaux que la Cour adopte pour examiner les actions des autorités israéliennes, y compris l’armée, et imposer une loi commune de protection des droits de la personne, donc ceux des Palestiniens dans les territoires occupés. L’article argumente également que le contrôle prolongé des territoires occupés par Israël a eu des conséquences significatives, car tout effort fourni par la Cour pour garantir le respect des droits humains de la population civile palestinienne doit se faire sans compromettre la sécurité du pouvoir israélien. La conclusion à laquelle on arrive ici dépend de la façon dont on qualifie ce contrôle: une occupation à long terme ou une annexion (ce qui n’est pas réglementaire par rapport à loi internationale), ce qui n’est pas sans conséquence sur le rôle que la Haute Cour de justice peut effectivement jouer pour faire respecter les droits de la personne dans les territoires occupés.

In search of the aim of the free movement of persons provisions: has the Court of Justice missed the point?

The Court of Justice has, over the years, often been vilified for exceeding the limits of its jurisdiction by interpreting the provisions of Community legislation in a way not seem originally envisaged by its drafters. A recent example of this approach was a cluster of cases in the context of the free movement of workers and the freedom of establishment (Ritter-Coulais and its progeny), where the Court included within the scope of those provisions situations which, arguably, did not present a sufficient link with their (economic) aim. In particular, in that case law the Court accepted that the mere exercise of free movement for the purpose of taking up residence in the territory of another Member State whilst continuing to exercise an economic activity in the State of origin, suffices for bringing a Member State national within the scope of Articles 39 and 43 EC. It is argued that the most plausible explanation for this approach is that the Court now wishes to re-read the economic fundamental freedoms in such a way as to include within their scope all economically active Union citizens, irrespective of whether their situation presents a sufficient link with the exercise of an economic activity in a cross-border context. It is suggested that this approach is problematic for a number of reasons. It is, therefore, concluded that the Court should revert to its orthodox approach, according to which only situations that involve Union citizens who have moved between Member States for the purpose of taking up an economic activity should be included within the scope of the market freedoms.

Bioscience Horizons: the national journal of undergraduate research

Bioscience Horizons (BH)commenced publication in 2008 and features research papers and reviews written by graduating UK bioscience students. The journal is run by a consortium of UK universities (the Universities of Nottingham, Reading, Leeds and Chester) in association with Oxford University Press. Its submissions encompass the full range of subjects taught by UK bioscience departments, ranging from agronomy to zoology and including animal behaviour, cancer research, environmental biology, microbial sciences, molecular biology, pharmacolgy, primatology, taxonomy and other areas. BH receives manuscripts from recent graduates (with a bachelor of science or equivalent first degree) describing research carried out during their undergraduate studies, usually as a final-year research project. All submissions undergo expert review and have to meet strict criteria for scientific excellence and originality. Articles are written by a single author and published with the agreement of the graduate's home university department. The journal has an ISSN number and is open-access; articles are freely 'cite-able' contributions to the bioscience research literature.

Weighing price of justice

Newspaper article examining the implications of the increasing price of justice at a state and federal level in Australia and the United States. Focuses largely on research examining the Queensland and Alabama prosecutions of Gabe Watson for hte death of his wife, Tina Thomas, on their honeymoon in October 2003.

Welfare Lobby Groups responding to Globalisation: A Comparison of the Australian Council of Social Service (ACOSS) and the UK Child Poverty Action Group (CPAG)

The past decade has witnessed a period of intense economic globalisation. The growing significance of international trade, investment, production and financial flows appears to be curtailing the autonomy of individual nation states. In particular, globalisation appears to be encouraging, if not demanding, a decline in social spending and standards. However, many authors believe that this thesis ignores the continued impact of national political and ideological pressures and lobby groups on policy outcomes. In particular, it has been argued that national welfare consumer and provider groups remain influential defenders of the welfare state. For example, US aged care groups are considered to be particularly effective defenders of social security pensions. According to this argument, governments engaged in welfare retrenchment may experience considerable electoral backlash (Pierson 1996; Mishra 1999). Yet, it is also noted that governments can take action to reduce the impact of such groups by reducing their funding, and their access to policy-making and consultation processes. These actions are then justified on the basis of removing potential obstacles to economic competitiveness (Pierson 1994; Melville 1999).

The European Court of Justice and the Draft Constitution: A Supreme Court for the Union? Research Paper in Law 8/2003

[Introduction]. The purpose of this paper is twofold. First, it examines selectively the provisions of the draft Constitution pertaining to the Court of Justice and assesses the ways in which the draft Constitution is likely to affect the jurisdiction and the function of the Court. Secondly, it discusses the challenges faced by the Court in relation to the protection of human rights by reference to the recent judgment in Schmidberger.1 Both aspects of the discussion serve to underlie that the Court is assuming the function of the Supreme Court of the Union whose jurisdiction is fundamentally constitutional in character. It has a central role to play not only in relation to matters of economic integration but also in deciding issues of political governance, defining democracy at European and national level, and contributing through the process of judicial harmonisation to the emergence of a European demos. This constitutional jurisdiction of the ECJ is not new but has acquired more importance in recent years and is set to be enhanced under the provisions of the new Constitution. The paper is divided as follows: The first section provides an overview of the way the new Constitution affects the ECJ. The subsequent sections examine respectively Article 28(1) of the draft Constitution, the appointment and tenure of the judiciary, locus standi for private individuals, sanctions against Member States, jurisdiction under the CFSP and the Chapter on freedom, security and justice, preliminary references, other provisions o f the Constitution pertaining to the Court, the principle of subsidiarity, and the judgment in Schmidberger. The final section contains some concluding remarks.

Environmental judgements by the Court of Justice and their duration. Research Papers in Law, 4/2008

From the Introduction. Little attention is paid, until now, to the duration of environmental procedures under Articles 226 and 228 EC Treaty, though these procedures are the only instrument at the disposal of the European Commission to enforce the application of EC environmental law1. Indeed, the Commission itself has no possibility to impose a fine or a penalty payment against a Member State, or to withhold sums under the Structural Funds, where a Member State persistently infringes Community environmental law. Rather, the Commission is obliged to first issue a Letter of Formal Notice against a Member State which infringes Community law. Where the infringement is not repaired, the Commission may issue a Reasoned Opinion against the Member State, and if also this does not lead to the compliance with EC law, it may appeal to the Court of Justice2.