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9781862874503 03 03 9781862874503 15 9781862874503 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874503 A01 Larissa Behrendt Behrendt, Larissa Behrendt 208 J 12 YH 12 LX 12 JB 12 HB 12 Y 01 Cover artwork: Women Within by Bronwyn Bancroft - Courtesy Boomalli Aboriginal Artists Cooperative Shortlisted for the Stanner Award 2004. Larissa Behrendt attacks the chasm which has grown between Indigenous lives and aspirations in Australia, and the psychological terra nullius which continues, despite Mabo, to pervade so much of Australia’s mythology and policy. She proposes longer term, aspirational initiatives leading to institutional change that will facilitate greater rights protection and the exercise of self-determination, including: a preamble to the Constitution a treaty the national self-image economic redistribution alternative institutional forms regional framework agreements a more energised politics Constitutional protection. 04 Dedication List of key organisations and people Why Question the Rules? Australians and the first Australians Practical reconciliation or the rights agenda? A belief in substantive equality More than a 'noisy minority' The concept of democracy New approaches to Indigenous rights protection The Myth of Law's Neutrality: Why Formal Equality Doesn't Work Different conceptions of justice Different conceptions of property Different conceptions of equality Nationalism and Identity: Why 'Western' Institutions Don't Work for Everyone The Australian self-image Challenging the Australian self-image Why recognition matters Indigenous Aspirations: The Starting Point for Rights Protection What 'Indigenous sovereignty' and 'self-determination' might mean Deciphering the content of Indigenous sovereignty and self-determination The parameters of Indigenous claims New Strategies, Improved Rights Protection A program for institutional change Indigenous rights and aspirations Some underlying principles Towards Improved Rights Protection: Some First Steps and Some Alternative Futures Towards a new national self-image Towards Constitutional change Towards regional autonomy Some Conclusions Bibliography/ Index 07 Behrendt provides perhaps the clearest articulation we have of what Indigenous Australians want and need – and how it might be achieved. This book will be debated, dissected, applauded and disagreed with in the years to come, and certainly quoted alongside the work of the most influential legal and social commentators in the field. For the moment, it is compulsory reading for anyone working or interested in Indigenous law and policy. … Most of the critical contemporary issues in Indigenous law and policy in Australia are discussed in the book … most of the significant contributions to the debate are interpreted and responded to. Behrendt writes with an honesty and clarity that is sometimes lost in the Indigenous law and policy debate, and offers constructive proposals. - Simon Young, QUT Law Journal, Vol 4 No 1, 2004, 124 07 Draws indigenous issues into the wider discourse about Australia’s moral future. … Behrendt argues that the protection offered to Indigenous Australians by legal and political institutions is too fragile when one government can extend rights and protections, and another can swiftly relinquish them. She argues for a series of symbolic and substantive solutions based on rights and pressing needs like healthcare. The legal political, economic and cultural institutions in this country need to be stirred into a different way of being, one that truly incorporates Indigenous peoples and their voices. Behrendt advocates recognition of Indigenous sovereignty as the first practical step in this process. Achieving Social Justice is another important element of social justice discourse. - Eureka Street, Vol 14(3), April 2004 07 The book traverses fundamental issues from the Indigenous rights agenda … Behrendt is particularly effective in negotiating some of the apparent polarities that underpin Indigenous policy debate such as symbolic recognition versus practical reconciliation (‘rights vs responsibilities’), short-term versus long-term aspirations (the ‘immediate problems’ vs ‘underlying causes’ debate), individual versus communal conceptions of identity, and difference-blind liberalism versus multicultural liberalism. … the book makes one of the most interesting interventions to debates on national identity. … The value of Achieving Social Justice is to clarify the basic principles and pretexts for action and to project a visionary framework for substantial policy reform. An additional pleasure of reading this book is Behrendt’s effortlessly lucid prose style, the readiness with which she makes the complex straightforward. - Eleanor Hogan, Dialogue, Vol 22, March 2003 07 Larissa Behrendt is intelligent, insightful and articulate. … She is one of the rising young stars of the next generation of Australian indigenous leaders … she deserves to be listened to. … her book is so good that it demands to be read. Larissa Behrendt slashes through the attempts to divide Indigenous views into hostile and inconsistent camps. She presents an analysis of Indigenous inequality that requires attention to issues both of rights and of wellbeing. She argues forcefully and convincingly that there can be no rights without wellbeing and no wellbeing without rights. … She brings the two competing views of equality into a practical synthesis to advance both rights and wellbeing for Indigenous people. She cuts through traditional dichotomies to present and advocate a more integrated aproach. For her many of the old divisions and debates are just that, old, and so of little further contemporary use. The focus of her book is the way ahead. - Law Society Journal (NSW), October 2003 07 Behrendt's second book takes the reader on a journey starting with British settlement of Australia and the doctrine of terra nullius travelling through major events that have impacted significantly on indigenous Australians including the Stolen Generation and Mabo and Wik decisions and finishing with some practical suggestions towards recognising and protecting indigenous rights in Australia. What is perhaps most persuasive about this book is that the author (who among other achievements, was the first indigenous Australian to obtain a doctorate from the Harvard Law School) does not suggest that the indigenous rights that should be recognised and protected are anything more than those which other Australians already have. Such rights include health, education and employment. The book concludes that Australian institutions cannot be considered sufficiently democratic if they do not recognise and protect the rights of indigenous people who now make up just over 2 per cent of its population. The author argues why formal equality (ie legal neutrality) does not work when the laws are being applied to a vulnerable minority. Chapter 2 of the book examines how the mandatory sentencing scheme has had a disproportionate impact on indigenous Australians, how the Constitution has been interpreted and discriminately applied against indigenous Australians, and how property laws have been enacted against a background of colonial ideology. Against this, the author concludes that social reform should be shaped by outcome focused liberalism which treats all persons equally yet encourages effective participation to recognise differences. The practical solutions that are suggested in this book recognise that the Australian legal framework cannot change overnight and hence some short term solutions should be implemented (for example the protection of cultural practice and the recognition of customary law) and longer term solutions should be worked towards (for example a treaty and preamble to the Constitution). Overall, this book is extremely readable. - Ethos (Law Society of ACT Newsletter), No 189, September 2003 07 Larissa Behrendt’s Achieving Social Justice is invaluable for the clear and lucid way that it manages to outline the case for constitutional reform (including a treaty and a new preamble) as well as wider institutional change in Aboriginal communities. As an indigenous Australian, she brings a unique perspective to constitutional law. Her resolve to “achieve change through the law” is a good example of how the sovereignty of Crown (and the common law that accompanied it) has been both the agent of oppression and the agent of redemption for Aboriginal people. More than many recent works on contemporary indigenous politics, she explains the importance of history in forming Aboriginal perspectives on native title, a treaty and indigenous rights. She brings a new understanding to demands for indigenous “sovereignty”, explaining why it is not an attempt to create a separate nation but one that seeks a different relationship between Aboriginal people and the state, one that encourages the autonomy of Aboriginal people. She also explains how important symbolic constitutional change can be in achieving practical reform on the ground in Aboriginal communities. Contrary to the current political fashion, the two agendas are not mutually exclusive. Nor has the rights agenda been seen to fail – it has simply not been implemented. - The Bulletin, 2 September 2003 07 A startling back-to-basics appraisal of what it all means and where it may all be going. … Although [Behrendt’s] suggestions are not new, the value of her contribution is the identification in one place, one book, of the most important and pressing concerns for the realisation of a mature Aboriginal and non-aboriginal relationship into the future. … This book will have a special place on the bookshelves of school libraries and in the thinking of young people. - Civil Liberty, September 2003 07 A magnificent synthesis of Indigenous history and insights … Based in profound scholarship yet highly readable and accessible, it deserves the widest possible readership. - Dr William Jonas AM 07 [A] remarkably lucid and readable book. - Prof Ann Curthoys 07 This is a very good book. It should be read by everyone. - Prof Henry Reynolds 07 ... a clear and unambiguous statement of what is wrong with the status quo from an Aboriginal perspective. It helps to define the unfinished business of reconciliation. - Fred Chaney 04 01 http://www.federationpress.com.au/images/book/9781862874503.JPG 01 The Federation Press 20030519 The Federation Press IP 21 medium medium 02 29.95 9780909049300 03 03 9780909049300 15 9780909049300 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780909049300 A01 Jacqueline Rowarth Rowarth, Jacqueline Rowarth 124 YX 12 KM 12 VS 12 Y 01 “Do you really want that job but don't know how to go about getting it? Well, read this book and apply the methods; the outline made it very easy for me and comment was made that it was the most comprehensive application in the pile. Not only did I achieve an interview, I was offered the job... it may take a little more preparation, but you will be successful. It's as easy as that and, incidentally, luck has nothing to do with it!” This self-help book is packed full of practical exercises and references. It's the guide to selling yourself and highlighting your qualifications and experience – getting the job you want and keeping it. Aimed at tertiary graduates, this book is also ideal for anyone looking to change careers and begin the application process and interview scramble. 04 Acknowledgements/Foreword/ Preface This is your life Building your CV Getting the interview Selling yourself: the interview process Building your career Goal setting Time management The yes trap Building your confidence: speaking in public Making the most of setbacks The big picture Commentary - a Maori perspective 07 This book is much more a young person’s career management book than simply a how-to-get-your-first-real-job guide. It covers key areas, including setting goals, preparing a CV, selling yourself, building confidence, time management and making the most of setbacks. Each chapter contains key point summaries and the writing style and book design make it very reader-friendly. It’s dense with practical advice, tips, exercises and Australian and New Zealand case studies. A great resource for graduates and people in the early stages of their career. - Wendy Taylor, the Age, 11 December 2004 07 The guide is well written and extremely practical – asking questions, offering advice and taking the reader through a process of self-assessment. The text is broken up into manageable sections and offers hints, tips, summaries and examples. A job seeker will find it easy to digest and extremely useful. … This book offers encouragement to the young graduate by taking a pragmatic approach. It is well-written, easy to read and offers very good advice. I would highly recommend it for any tertiary careers library. - Australian Journal of Career Development, Vol 13(2), Winter 2004 04 01 http://www.federationpress.com.au/images/book/Rowarth.JPG 01 Dunmore (NZ) 200001 The Federation Press IP 20 medium medium 02 27.45 9781862877252 03 03 9781862877252 15 9781862877252 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877252 1 A01 Marian Sawer Sawer, Marian Sawer 2 A01 Norman Abjorensen Abjorensen, Norman Abjorensen 3 A01 Phil Larkin Larkin, Phil Larkin 336 JP 12 YH 12 Y 01 On many criteria, Australia has been a pioneering democracy. As one of the oldest continuing democracies, however, a health check has long been overdue. Since 2002 the Democratic Audit of Australia, a major democracy assessment project, has been applying an internationally tested set of indicators to Australian political institutions and practices. The indicators derive from four basic principles—political equality, popular control of government, civil liberties and human rights and the quality of public deliberation. Comparative data are taken from Australia's nine jurisdictions, as well as from three comparator democracies, Canada, New Zealand and the United Kingdom, to identify strengths, weaknesses and opportunities for reform. Some of the findings are disturbing. For example, Australia has fallen well behind in the regulation of private money in elections and in controlling the use of government or parliamentary resources for partisan benefit. Transparency and accountability have suffered from relatively weak FOI regimes and from executive dominance of parliaments. For those studying democracy or wanting to reform Australian politics, The State of Democracy provides a wealth of evidence in a well-illustrated and highly accessible format. Internationally, it is an important contribution to the democracy assessment literature and pushes into new areas such as the intergovernmental decision-making of federalism. 02 This book assesses Australian political institutions and practices against a set of internationally tested indicators for democracy. The indicators derive from four basic principles - political equality, popular control of government, civil liberties and human rights, and the quality of public deliberation. Comparative data are taken from Australia's nine jurisdictions, as well as from Canada, New Zealand and the United Kingdom, to identify strengths, weaknesses and opportunities for reform. 04 Introduction Political history Basic political data Basic socio-economic data Part I - Citizenship, law and rights Nationhood and citizenship The Rule of Law and access to justice Civil and political rights Economic and social rights Part II - Representative and accountable government Free and fair elections Democratic role of political parties Government effectiveness and accountability Civilian control of the military and the police Minimising corruption Part III - Civil society and popular participation The media in a democratic society Political participation Government responsiveness Decentralisation Part IV - Democracy beyond the state and federalism International dimensions of democracy FederalismAudit references Index 07 We now have three wise persons providing us with a comprehensive picture of the Australian democratic elephant....It is an ambitious work, covering citizenship, law and rights; representative and accountable government; civil society and popular participation; democracy beyond the state (Australia's international engagement, particularly with the United Nations) and federalism.... Australian democracy is not broken. It compares favourably internationally, and has numerous strengths. The weaknesses that this book identifies nevertheless provide a starting point for a more fundamental debate on the reforms required to make democracy even stronger. It is an excellent, practical and thoughtful survey of the field. - Public Sector Informat, supplement to The Canberra Times, 12 August 2009, pp6-7 07 ...I found Australia: The State of Democracy a succinct, highly readable and useful reference tool. It is an excellent contribution to the nation, particularly I imagine for students, journalists and politicians. For the overseas reader studying Australia it brings a wealth of material and a depth of perspective. It also adds to the global democratic picture – which is important considering that one of the aims of developing the international Audit framework in the first place was to assist newer democracies. It deserves to be widely read and discussed... - Senator the Hon Joe Ludwig, Cabinet Secretary, Special Minister of State, taken from the Launch Speech, Wednesday 14 October 2009. 04 01 http://www.federationpress.com.au/images/book/9781862877252.jpg 01 The Federation Press 20090702 The Federation Press IP 21 medium medium 02 59.95 9781862873889 03 03 9781862873889 15 9781862873889 BB Australian Economy and Society series http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873889 1 A01 M D R Evans Evans, M D R Evans 2 A01 Jonathan Kelley Kelley, Jonathan Kelley 336 JB 12 KC 12 KN 12 HB 12 Y 01 Special schools only price $40.00 See all titles in the Series This book considers education, work, and welfare in Australia over the last decades of the 20th century. The authors provide thoughtful analysis and authoritative data on the attitudes of Australians, and to absorbing questions of opportunity. The findings are clear, concise, and often surprising. The strongest bastion of trade-union support is not among factory workers, but among upper-level governmental employees. Australians may feel considerable sympathy for sufferers of life-style related diseases, but hold them responsible for their suffering. Large numbers of Australians find strong attractions in mutually contradictory industrial relations arrangements - often both valuing centralised bargaining and seeing important attractions in local negotiations and individualised contracts. Conflict over unemployment increases more in periods of high economic growth rather than in times of increased unemployment. Parents' participation in literary culture confers distinctive advantages on their children, above and beyond those stemming from the parents' education, wealth, and status. Government attacks on union power in the past decade have been accompanied by a parallel decline in union unpopularity. Australians would not support any further reduction in union power. A worker in a secure job would be as contented earning $10 an hour as a worker in an insecure job earning $14 an hour. Australians are hugely in favour of equal opportunities but strongly polarised over the desirability of equal outcomes. The book is a major work on contemporary Australia, which should be part of the reference collection in all libraries. 02 This first book in the series considers education, work, and welfare in Australia over the last decades of the 20th century. 04 Introduction Topic I - Education Snapshot: Government expenditure on education Why is education rewarded - Necessary skills or arbitrary credentialism? Snapshot: Secondary school completion since the 1960s Snapshot: Education in Australia, Canada and the United States Trends in educational attainment in Australia Snapshot: Educational eifferences among the States Snapshot: Gender differences in university education in six nations Does mothers' employment affect children's education? Cultural resources and educational success: The beaux arts versus scholarly culture Snapshot: Private and public schools: Changes in the past 15 years Private schools and educational success Adult education and training through informal courses Confidence in universities Topic II - Employment Participation in the labour force Snapshot: Self-employment and occupation Snapshot: Do we quarrel over housework? Job complexity How much is job security worth to employees? Snapshot: Jobs: Government's responsibility Snapshot: Australian jobs in comparative perspective Snapshot: Jobs changed - politics or technology? Snapshot: Downsizing trends: Workers' experiences Organisational downsizing Topic III - Industrial Relations Snapshot: Australia 2001: A good industrial relations system? Ideals about industrial relations in Australia, Finland, and Poland Snapshot: Union membership Changing attitudes towards trade unions in Australia: 1984-1999 Topic IV - Political Economy Snapshot: Unemployment since 1900 Conflict between the unemployed and workers in 20 nations Class and class conflict in Western nations Equal opportunities or equal outcomes? Changing attitudes toward income inequality in East and West Attitudes to foreign trade in 16 nations Changes in public attitudes toward labelling genetically modified foods, Australia 1994 to 2000 Topic V - Health and Welfare Medical care and risky conventional lifestyles: Blame, sympathy, and financial responsibility Snapshot: Childhood asthma: Changes over time Smoking: Social patterns in Australia Health benefits and potential budget savings due to pets: Australian and German survey results Costs of children and living standards in Australian households Topic VI - Retirement Work commitment of older Australians What form should government old age pensions take: Citizen attitudes Householders' preferences for superannuation Appendix: Data, measurement and methods References/ Index 07 This book should be read and purchased if you are interested in an analytical, concise treatment of a broad range of current social and economic issues that face Australia and a number of other Western countries. Certainly, this individual publication is likely to age reasonably quickly. Its use as both a reference point and source should be seriously considered by those readers with a thirst for well-founded research and/or the need to provide concise content for later-year university students who are easily daunted by extensive academic tracts but who can follow an academic analysis if it is expressed in a brief format. This source can be used by academic educators to build both deeper comprehension and understanding. While some of the technical explanations may be somewhat daunting, the vast majority of the graphical tools used to illustrate points made in in the text are clear and straightforward. This book is recommended for reference lists and to maintain your current understanding of the Australian economy and its society. - International Journal of Employment Studies Vol 13(1), April 2005 07 The authors examine social differences over time and across nations using their accumulated wealth of survey data. The scale and the scope of their data is impressive, with a total pool of over 50,000 respondents describing their experience of, and attitudes towards, issues as varied as educational attainment, mothers’ employment histories, cultural capital, adult education, labour-force participation, job complexity, organisational downsizing, unions, unemployment, equal opportunity, genetically-modified food, medical care, smoking, pet ownership, retirement and superannuation. Readers of Labour & Industry will find a rich source of information and analysis relevant to industrial relations and workplace change. The book dispels any misconception that quantitative sociology is invariably dry. Evans and Kelley (and their other contributors) possess a gift for describing their research in an engaging manner. The chapters are concise and readable and the data is contextualised with introductions and conclusions explaining how the results shed light on sociological and political controversies. … The analysis presents some sober questioning of the impact of the forces of globalisation and the ideology of neo-liberalism on Australians … In this sense this book is a fascinating companion for Michael Pusey’s recent survey, The Experience of Middle Australia. … In many places in this book, Evans and Kelley come to similar findings to Pusey, especially their impression that most Australians are more comfortable with a hybrid model between the state and market, and the tendency of most Australians to eschew extremes. On the other hand, Evans and Kelley present a more optimistic interpretation of recent social and attitudinal trends than Pusey. … There is enormous potential for academics to use this book to encourage students to explore quantitative research … [The] lively prose brings the statistics to life. Evans and Kelley provide a provocative, stimulating and readable account of social trends from the perspective of those who have experienced the changes within Australian society over the past 20 years. - Labour & Industry, Vol 14(3), April 2004 07 This important work on contemporary Australia creatively presents data on shared and divergent attitudes among Australians, social trends over time, comparisons among social groups, and comparisons with other nations. The book is distinctive in using large, representative samples of Australians and persons from other nations to make conclusions and inferences …. The surveys are nationally representative and, depending upon the topic under investigation, permit the authors to make generalizations to the populations as a whole. With the improvements in measurement theory and survey questionnaire design, the authors can provide authoritative statements about people’s attitudes and behaviours … Readers concerned about empirical social science will welcome the multivariate models featured in the book, especially since most of its predecessors which aimed for the same grand scale and scope, often omitted multivariate models. … [There are] some fascinating findings in the book. Some of the more notable findings include workers’ desires for job security even if it means less pay; stronger support for trade unionism among public servants than among blue collar workers; Australians’ desires to see the influence of unions no further weakened after many years of sustained government efforts to do so; a tension between Australians’ feeling sorry for their fellow Australians who have suffered from diseases as outcomes of risky health behaviours on the one hand, yet also feeling one must take responsibility for one’s own lifestyle choices on the other hand. And, lastly, a finding that Australians do more complex jobs than their counterparts in five European nations, but that complexity is not the most important determinant of salaries. Rather, the apparent determinants of Australian salaries are status and maleness. The book accomplishes its goal of clearly and concisely presenting its findings and interpreting what they mean for contemporary Australian life. … the work is essential reading and it offers researchers, policymakers, and others concerned about Australia’s future a myriad of social and economic data in one source. If this book is indicative of future volumes in the series, then the series will have great utility. - Journal of Population Research, Vol 20(2), 2003 07 How many of us enjoy a rousing debate on public policy or social theory? … Many of these discussions, although interesting in their own right, are flush with theories advanced without much evidence. To an extent that’s part of the fun, but this is just the sort of book I’ve been waiting for. The title scared me. I anticipated a dry regurgitation of statistics, but it’s much more. The authors have pieced together a fascinating book covering six broad areas: Education, Employment, Industrial Relations, Political Economy, Health and Welfare, and Retirement. They draw on the results of three major surveys, giving a total pool of over 50,000 samples. Within these six broad areas, a number of specific questions are posed, the surveys' evidence presented and conclusions drawn. This is done in the context of the three themes: social differences, changes over time and international comparisons. Some of the examinations relate to public attitudes and opinion, others are based on empirical data. … In this review I am unable to list all the questions addressed, but a few examples will demonstrate the tone of the work. Is education a waste of time? Do students in private schools do better than students in government schools? How much is job security worth to employees? Is joint bargaining between unions, employers and government the best way to set wages and economic policy? Why is there so little social conflict? What do Australians think of genetically engineered food? How much does it cost to raise children? Why do people retire at such an early age? What do people think about superannuation? That’s merely a sample. Their 27 topics covered. … [The book] is a very representative sample of social issues. Furthermore [it] has an open style and good use of charts, making it accessible. … What were the results and outcomes of these analyses? … [One topic] might be illustrative. Chapter 10 deals with job complexity. Australia has comparatively complex jobs, it seems, when compared to five European nations. But what is fascinating is that job complexity rated behind most other factors in determining the salary of employees in this country. … In Australia we reward status and maleness measurably above all else. Perhaps that explains the whopping salaries paid to some corporate directors. But that’s where the fascination is really only beginning. [A]nother chapter (18) discussed changing attitudes to income inequality. … Australians felt that a chairperson [of a large national corporation] should earn 2.8 times more than the average worker. But Australian corporations actually determine salary more by position, status and maleness than by anything else (and the ratio of inequality is more like a factor of 10 to 1). Surely anyone involved in public policy can see the implications of that tension. - Industrial Relations Society of SA Newsletter, November 2002 04 01 http://www.federationpress.com.au/images/book/9781862873889.jpg 01 The Federation Press 200210 The Federation Press IP 21 medium medium 02 75.00 9781862874510 03 03 9781862874510 15 9781862874510 BB Australian Economy and Society series http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874510 1 A01 M D R Evans Evans, M D R Evans 2 A01 Jonathan Kelley Kelley, Jonathan Kelley 368 HR 12 HP 12 HB 12 Y 12 JB 01 Special schools only price $40.00 See all titles in the Series How many people believe in God? How often do Australians go to church? How many people think that species emerge from the process of natural selection by survival of the fittest? This volume concerns a range of moral issues and worldviews, focussing on two worldviews that are fundamentally important in Australia at the dawn of the 21st century: Christian belief and the scientific worldview. This is a great starting point for discussions on today’s hottest ethical issues. The book presents a dispassionate, balanced presentation of excellent public opinion data spanning the range of views in Australia today. Classes on contemporary Australian society, and classes on values and ethics will both discover a wealth of material in this book on topics ranging from homosexuality to abortion to genetic modification to foreign aid to national identity. It describes these community bioethics and examines the worldviews and moral reasoning processes that Australians use to arrive at their ethical judgments. Accessible graphical presentations of results are underpinned by state of the art statistical analyses. International, comparative data are also presented on many issues. 04 Introduction Part I: Religion Religious belief in Australia Research note: Factor analysis Research note: Going to church makes people happier Keeping the faith? Catholics, Anglicans and other denominations in Australia Christian belief and church attendance in 30 nations Jonathan Kelley and Nan Dirk De Graaf National context, parental socialisation and religious belief Jonathan Kelley and Nan Dirk De Graaf Australians’ views about the theory of evolution Research note: Life on Mars Religion and politics in 28 nations Should clerics refrain from politics? Separation of church and state in Australia, with international comparisons Part II: Morality and Public Policy Attitudes towards homosexuality in 29 nations Attitudes to abortion: Australia in comparative perspective Jonathan Kelley, MDR Evans and Bruce Headey Becoming a person: Australian public opinion on when an embryo is human Stem cells: Public opinion on treatment and research using foetal tissue MDR Evans, Jonathan Kelley, and Esmail D Zanjani Public approval of foetal stem cell use depends on the intentions of the donor MDR Evans, Jonathan Kelley, and Esmail D Zanjani Should cloning be allowed? Public attitudes in Australia, 2002 Research Note: Aims for scientists Ideology and fear of genetic engineering: Public opinion in Australia 1993-2002 Moral feelings about tax cheating and welfare fraud in 29 nations Research note: Volunteer work benefits the giver as well as the receiver Charity work: International differences and Australian trends Research note: Money buys happiness, but not much Global inequality: Moral obligation of wealthy nations? Attitudes in 26 countries in 1999-2000 Joanna Sikora National goals: Survey data from 24 nations Appendix: Data, methods and measurement References/ Cumulative index/ Cumulative index of names 07 This volume is a reference book primarily about religion and morality in Australia, looking at recent behaviour and opinions up to 2002 and trends since 1984. It is packed with useful findings based on large national samples … Some of the chapters have interesting international comparisons … Overall, the book provides an important contribution on how Australians think and act on a wide variety of religious and moral issues. Anyone interested in religion and morality in Australia will use the book as a valuable resource. - International Journal of Public Opinion Research, Vol 17(4) 04 01 http://www.federationpress.com.au/images/book/9781862874510.jpg 01 The Federation Press 20040824 The Federation Press IP 21 medium medium 02 75.00 9781862871885 03 03 9781862871885 15 9781862871885 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862871885 A01 Carol Foley Foley, Carol Foley 232 Y 12 HB 12 JP 01 The present flag Australian was designed in 1901. This book provides an objective and balanced basis upon which you can answer the fundamental questions: Why does Australia have a flag? What flags and emblems has Australia had? Who has the legal power to decide whether or not the Australian flag needs to be changed and, if it does, who has the power to choose the new design? Everything is here, including an expansive selection of illustrations which range from topical cartoons through to colour reproductions of most of the Australian Flags (past, present and proposed), to enable you, the reader, to make up your own mind about the Great Flag Debate. 02 This book presents an expansive selection of illustrations which range from topical cartoons through to colour reproductions of most of the Australian Flags - past, present and proposed. 04 The Origin and Significance of Flags The History of the British Flags and the Development of the Flags of the Australian Colonies The Quest for an Australian National Flag The Winning Designs: Form, colour and symbolism The Legal Status of the Australian National Flag Civil Liberties and the Australian National Flag The Great Flag Debate: the choice Conclusion Endnotes/ Select Bibliography/ Index 04 01 http://www.federationpress.com.au/images/book/foley.JPG 01 The Federation Press 199601 The Federation Press IP 20 medium medium 02 33.00 9781862874343 03 03 9781862874343 15 9781862874343 BC NSW Sesquicentenary of Responsible Government http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874343 A01 Colin A Hughes Hughes, Colin A Hughes 368 JP 12 Y 01 This handbook completes Emeritus Professor Colin Hughes' major reference work on Australian government and politics in the 20th century. It is a sequel to three earlier volumes published in 1968, 1977 and 1986, which have become standard research tools for Australian historians and political scientists. It details, firstly, all members of all Australian ministries, cabinets and portfolios, with dates and notes, and secondly, voting information (both upper and lower houses of Parliament) for all general elections, Commonwealth, State and Territory, held between 1985 and 1999. It thus gathers together in the one book information which is otherwise scattered through a number of official publications, some not widely available. This consolidation and annotation follows the format established in the three earlier volumes and will join them as an indispensable reference work. A NSW Sesquicentenary of Responsible Government publication. 04 Acknowledgments / Guide to the Handbook Part One THE COMMONWEALTH Governors-General / Cabinet Law / Cabinet Lists / Portfolio Lists NEW SOUTH WALES Governors / Cabinet Law / Cabinet Lists / Portfolio Lists VICTORIA Governors / Cabinet Law / Cabinet Lists / Portfolio Lists QUEENSLAND Governors / Cabinet Law / Cabinet Lists / Portfolio Lists WESTERN AUSTRALIA Governors and Deputy Governors / Cabinet Law / Cabinet Lists / Portfolio Lists SOUTH AUSTRALIA Governors / Cabinet Law / Cabinet Lists / Portfolio Lists TASMANIA Governors, Lieutenant-Governors and Administrators / Cabinet Law / Cabinet Lists / Portfolio Lists Part Two THE COMMONWEALTH Electoral Law / Elections NEW SOUTH WALES Electoral Law / Elections VICTORIA Electoral Law / Elections QUEENSLAND Electoral Law / Elections WESTERN AUSTRALIA Electoral Law / Elections SOUTH AUSTRALIA Electoral Law / Elections TASMANIA Electoral Law / Elections 07 This is the fourth in a series of major reference works on Australian government and politics in the 20th century and covers the period 1985-99. It is intended to become a standard research tool for Australian historians and political scientists, but would be useful also for a broader readership interested in the historical detail of Australian elections and governments. The book is divided into two parts. Part I lists Commonwealth Governors-General and State Governors. It also lists Commonwealth and State Cabinets and Portfolios and major statutes enacted during the period relating to Cabinet law. Part II provides details of changes to electoral laws and summaries of election results for the Commonwealth and the States. Brief notes on party leadership changes are also provided for each period. The election results for the House of Representatives and the Senate and the State lower and upper houses are succinctly and clearly presented to give the reader ready access to the results, including the number of seats contested, the number of voters, the percentage total of vote by each party and independents and the number of seats won by each party and independents. This is intended to be the last hardcopy publication in the series … The passing into history of this series will be a great loss to the discipline and the researchers who have drawn their sustenance from it. - Australian Journal of Political Science, Vol 239(1), March 2004 07 This volume concludes Colin Hughes’s self-imposed 40 year task of assembling compendia of Australia’s federal and state electoral results, cabinet lists and lists of governors and governors-general from 1890 to 1999. The final instalment covers the period 1985 to 1999, from Hawke to Howard, Wran to Carr, or Cain to Bracks. It also covers the advent of the Greens and the rise and fall of Pauline Hanson’s One Nation. As in previous volumes, changes in electoral law are explained and there are useful explanatory notes. … Researchers in Australian political history will forever be in debt to Colin Hughes for his unrivalled and Herculean contribution. - Reviews in Australian Studies, Vol 1(2), April 2006 04 01 http://www.federationpress.com.au/images/book/hughes.JPG 01 The Federation Press 200210 The Federation Press IP 20 medium medium 02 49.50 9781862874497 03 03 9781862874497 15 9781862874497 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874497 A01 Linda Briskman Briskman, Linda Briskman 226 J 12 HB 12 VF 12 JB 12 Y 01 The Black Grapevine tells the extraordinary story of Indigenous efforts to stop children becoming part of the 'stolen generations' and to end the government policies and practices which destroyed their families. Linda Briskman uses the story of the Secretariat of National Aboriginal and Island Child Care (SNAICC) to centre her book. Indigenous people involved tell how they came together to form a national organisation for child care, how they found similar experiences from one end of Australia to the other, how they pooled experience and emotion to provide support for one another, how they lobbied for a national inquiry. And they campaigned. Indigenous activists fought with astonishing resilience for recognition of past and present practices, for the right to have Indigenous viewpoints to the forefront, and for resources. Briskman's story goes beyond the contest with the state to give a convincing portrait of the ways in which Indigenous groups worked. There are connections with international action, educational and fund-raising projects, and the much-vaunted annual Aboriginal and Islander Children's Day. She concludes by reflecting on the successes of campaigns and actions to date, and the extent of 'unfinished business'. Her strong academic background combines with the oral testimony of the activists to produce a fast-moving book that is both entertaining and rigorous. 04 Strangers take our children Reconstructing the past The activists We all had the same stories SNAICC is born Keeping children where they belong Campaigns Children our dreaming Internationalising the cause It's all about funding Unfinished business References/ Index 07 This is an amazing example of indigenous activism and it is no wonder that it has become the subject of this book. Briskman’s use of oral history to blend human voices with historical research allows the reader to share the emotions of those dedicated to fighting for a better world for their children. It is an amazing journey of achievements and struggles in fighting for the rights of the child. … Through telling the stories of SNAICC and the ACCAs, Briskman also illustrates the belief, strength, fortitude, resilience and perseverance of Aboriginal and Torres Strait Islander individuals and communities in fighting for their rights within Australia. - Reviews in Australian Studies No 1, March 2006 07 This is a handsome little book that purports to tell a big story, about the work of the Secretariat of National Aboriginal and Islander Child Care Agencies. The issue of the removal of Aboriginal and Torres Strait Islander children from their families is now well known, but the role of Indigenous peoples in publicising it, and changing government policy, has received little attention. This is a history of that activism … The book covers the period from the 1970s to the present, although the life histories of the activists sometimes take us further back into the past. Briskman tells a great story … When Bringing Them Home was released it was, as Briskman notes, attacked for failing to corroborate indigenous testimony with the historical record. The Black Grapevine is well-researched and well-referenced. - Naomi Parry, Australian Aboriginal Studies, No 2 (2004) 04 01 http://www.federationpress.com.au/images/book/Briskman.JPG 01 The Federation Press 200307 The Federation Press IP 20 medium medium 02 22.95 9781862876897 03 03 9781862876897 15 9781862876897 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876897 A01 David Fishel Fishel, David Fishel 2 300 KM 12 J 12 W 12 Y 01 The Book of the Board is an invaluable handbook for boards and board members of non-profit organisations. It explains: the purpose of a board in a non-profit organisation the board's formal and legal responsibilities the main areas where a board can add to the organisation's effectiveness This second edition, while retaining an overall structure similar to the first edition, has been fully revised and updated to reflect developments in the non-profit environment. Particular revisions include: A new Checklists section, containing ten quick-reference checklists on topics ranging from strategic planning and compliance through to board recruitment and succession planning All the interviews have been replaced with eight new interviews from Australian non-profit organisations in the fields of environment, sports, arts and youth development The topics covered in the original 17 chapters have been streamlined into 12 chapters A new chapter has been added on the subject of alliances and mergers in the non-profit field The Resources section has been overhauled, with seven Resources retained and updated, and eight new Resources added, covering governance charters, running a planning retreat, CEO appraisal and committee structures New charts and diagrams that provide a visual overview of key topics Gavin Nicholson, Louise Walsh and Judith James join Professor Myles McGregor-Lowndes and Elizabeth Jameson among the contributors 02 The Book of the Board is an invaluable handbook for boards and board members of non-profit organisations. It explains: the purpose of a board in a non-profit organisation; the board's formal and legal responsibilities; and the main areas where a board can add to the organisation's effectiveness. This second edition, while retaining an overall structure similar to the first edition, has been fully revised and updated to reflect developments in the non-profit environment. 04 Introduction The Job of the Board A Sense of Direction An Interview with the Environmental Defender's Office The CEO and The Board Purposeful Meetings In the Chair An Interview with Netball Australia Risk Management Compliance with legal responsibilities Financial Planning and Control An Interview with the Western Australia Symphony Orchestra The Board and Fundraising Measuring our Progress Alliances and Mergers An Interview with The Foundation of Young Australians Recruitment and Succession Postscript: Twenty Staging Posts of Board Development Checklists Resources Interviewees BibliographyWebsitesIndex 07 ...this book is a refreshing text on the issue of governance in the not-for-profit sector. With a strong emphasis on the social context of the task and a lot of sensible advice regarding process to boards, CEOs, and even exectuive staff, not-for-profit organisations are effectively located in their true context. - Arena Magazine, Number 99, February-March, 2009 07 This book is a must-have for members of non-profit boards who want to develop a better understanding of what being on a board is all about and how to improve their board's performance....If you are serious about building your board's capability, read and use this book. - Law Institute Journal of Victoria, March 2009 07 Reviews of first edition A practical and common sense guide to day-to-day administration. It is comprehensive … Most useful is the final section which is simply titled ‘Resources’. It is best described as comprising ready reference tools which encapsulate the essence of points being made throughout the book, such as a meeting procedure, a discipline policy, draft position descriptions, recruitment checklist and a risk assessment overview. … [It] contains many time-saving templates and checklists that will be constantly used. - Australian Law Librarian 07 You generally won’t find books on governance jostling for space among the best sellers with the latest Bryce Courtenay or coffee table cookbooks but here’s one that should. … There are so many positive features of Fishel’s book that it is hard to know where to start. … Within its less than 300 pages, the book manages to encompass all of the major concerns of not-for-profit boards. The language is clear and lively and even complex issues are laid out with simplicity. The interviews and case studies are relevant and illustrative. - SACOSS News 07 Fishel’s book should be standard issue for all Boards in the not-for-profit sector and the set text for any new recruits being inducted into membership. - Educare News 07 From the outset, Fishel presents considered and well-balanced strategies for implementing systems of good management that enable executives and board members to operate in confidence. - Lawyers Weekly 07 This book was an interesting and easy read that I expect to return to when I think about my contribution on boards. Legal practitioners who are called to serve on or advise boards will find useful current content. - Ethos, Law Society of ACT, December 2008 04 01 http://www.federationpress.com.au/images/book/9781862876897.JPG 01 The Federation Press 20080701 The Federation Press IP 21 medium medium 02 59.95 9781862874305 03 03 9781862874305 15 9781862874305 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874305 A01 Pat Howley Howley, Pat Howley 232 J 12 JB 12 Y 01 If ordering outside Australasia (ie from UK, Europe, Nth and Sth America and Africa) please contact Zed Books (UK) directly: www.zedbooks.co.uk. Pat Howley tells the extraordinary story of how, in the 1990s, in the crisis of civil war, the people of the island of Bougainville returned to their traditional peace making and conflict resolution processes as the western court system collapsed. Prominent are the ordinary people who experienced the crisis - the victims, the freedom fighters, and the women who took a leading part in the peace process. Howley writes mostly through their eyes, in their words. Howley, Executive Director of the PEACE Foundation Melanesia, was with them through most of the war. He oversaw a marriage of Western learning on restorative justice and win-win mediation with custom law. The success was so extraordinary that the processes set up are now being used in most village communities as the norm for conflict resolution, even for serious matters such as murder. Howley analyses the effectiveness of this marriage and how it can be used in the future when Bougainville achieves autonomy. He also discusses the devastation to Bougainville's culture and identity caused by the giant copper mine which dominated the PNG economy, and how the islanders are coping with the residue of trauma from the civil war. "A landmark study of reconciliation and restorative justice in action, profound and inspiring in its holistic view of justice ... Bougainville shows the world how indigenous people can reclaim their justice system ... This book shows how a people's peace can prevail over a war that was a product of colonisation."Professor John Braithwaite, Australian National University 04 Foreword by Professor John Braithwaite Prologue Part 1: Colony and Conflict Introduction: A short history of Bougainville The damaging cultural impact of the mine The crisis years The impact of the crisis years Part 2: Breaking Spears and Mending Hearts PEACE Foundation Melanesia Reconciliation Mediation and restorative justice Community development training The peacemakers Part 3: Ownership of Law and Justice National reconciliation in Bougainville Reconciliation and restorative justice Law and justice A law and justice structure The emerging vision References 07 Pat Howley … describes the events of this period in which there was a conscious effort at marrying Melanesian custom with the growing Western concern for notions of restorative justice. This is not an academic work, either in terms of the systematic marshalling of relevant historical, legal and other material, nor in terms of the depth of analysis. However, it does provide some interesting insights, especially when the author utilises local people to tell the story from their own perspectives. - David Weisbrot, Reform, Issue 82, 2003 07 This is an inspired and inspiring account of the emergence from colony toward autonomy; from civil war (and the breakdown of the western court system) to the return of traditional peace making, supported by restorative justice and reconciliation. The author is no armchair observer; for half a lifetime, he has lived amd worked in PNG and its island province 275k east of Rabaul. In the manner of a mediator, he allows other participants a voice, mainly PEACE Foundation staff and trainers. In 1964, Australian Territories Minister Charles Barnes told Bougainvillians they had no right to the minerals under their ground. The residents rebelled against what they saw as a lack of consultation by Australia and CRA, against what the residents saw as an unjust distribution of the mineral wealth, against the refusal of those parties and PNG to engage in discussion, consultation and consensus building. Thus, the dragon’s teeth were sown; thus, the BRA was born. The author gives a moving account of the triumph of the human need for peace and reconciliation over the imposition of control from without. Restorative justice encourages confession, honesty and sincerity because of a desire to end the matter completely and properly. Punitive justice in court encourages concealing and distorting the truth out of fear of punishment and the need to be victorious. Under the system of restorative justice, offenders are forgiven and return to the community where they have the chance to re-establish themselves as healthy, contributing members. People can get on with their lives instead of living in the past. Mediators will recognise what they already know, namely that their process transcends race and culture. Historians will be fascinated by the insights of participants in a time of great change. The book can be commended to the general reader for the positive outcomes over a most negative situation. - Ethos (ACT Law Society), Autumn 2003 04 01 http://www.federationpress.com.au/images/book/Howley.JPG 01 The Federation Press 01 Zed Books (UK) 200210 The Federation Press IP 20 medium medium 02 35.00 9781862871038 03 03 9781862871038 15 9781862871038 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862871038 A01 Peter Bailey Bailey, Peter Bailey 282 YH 12 LX 12 HP 12 JB 12 Y 01 These stories are from all around the world, emphasising the universality of human rights. They raise current and topical issues. Some of the stories will be familiar, but will still contain fresh information and perspectives for most people; others will be new, and will extend the reader’s perceptions. In each case, the story, the person or group, comes first - clear, concise, unbiased and accurate - and is followed by identification, exposition and discussion of the human right or rights involved. 04 Group rights: Indigenous peoples, minorities and self-determination The Aborigines of Noonkanbah, the Penan of Sarawak and the Maori of Orakei: The rights of indigenous peoples Bangladesh, East timor and Lithuania: The struggle for nationhood, the right of peoples to self-determination The Amish of Wisconsin and the French speakers of Belgium: The rights of minorities 'Life' problems: Euthanasia, privacy and the environment Baby J and Karen Quinlan: The right to life Euthanasia for persons who cannot make their own choices The cases of Debbie and Mrs Janet Adkins: The right to life Euthanasia for persons capable of choosing The cases of Jane Roe and James Malone: The right to privacy The Chernobyl disaster and the forest dwellers of Brazil: The right to a sustainable environment Achieving Equality - Discrimination and Affirmative Action Nelson Mandela and Martin Luther King: Combating racial discrimination The cases of Donka Najdovska, Lynette Aldridge and Johnson controls: Sex discrimination and affirmative action The cases of Awet Josef of Eritrea and the Gillick children: The rights of children Liberty and Security for Individuals The cases of Monica Mignone and Patient Vera: Personal rights to liberty and security in times of emergency The cases of Karen Green and Joseph Brodsky: The right to work Tiananmen Square and the case of the Austrian doctors: The right to peaceful protest The cases of the IRA suspects and of Jeffrey Cosans: The right not to be subjected to torture or degrading forms of treatment Ways of Advancing Rights Concluding Comment The human rights enterprise References/ Index 04 01 http://www.federationpress.com.au/images/book/9781862871038.jpg 01 The Federation Press 199301 The Federation Press IP 21 medium medium 02 27.50 9781862873926 03 03 9781862873926 15 9781862873926 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873926 1 B01 Paul McCarthy McCarthy, Paul McCarthy 2 B01 Jane Rylance Rylance, Jane Rylance 3 B01 Robin Bennett Bennett, Robin Bennett 4 B01 Helga Zimmerman Zimmerman, Helga Zimmerman 2 176 KN 12 KM 12 Y 01 Bullying doesn't stop at school. Adult life creates its own pressures, particularly in the workplace. Some people habitually, some occasionally, use inappropriate means to achieve their ends. Always there are victims-at work, in clubs, in families-and their numbers seem to be increasing. Research shows bullying to be astonishingly widespread and with high human and financial costs. For example, research indicates that between 25% and 50% of workers are likely to experience workplace bullying at some point during their career, and that 40% of those frequently bullied have been driven to contemplate suicide. Bullying: From Backyard to Boardroom describes and explains the modern phenomenon of bullying, providing valuable insight into the scale of the problem and the many ways and settings in which bullying occurs in Australia. It shows that bullying is always the personal behaviour choice of the bully, but an organisation's choice of structure and culture also impacts upon the incidence of bullying. The book shows how bullies thrive in some organisations and wilt in others. It contains moves and means to counter bullying, including policies, management strategies and legal remedies. Bullying: From Backyard to Boardroom is written in a clear and concise style. It is a practical book based on current research and the best theoretical frameworks. It is a useful resource for professionals who need to address bullying, for those experiencing bullying, and for those providing support to someone being bullied. 04 The Bullying Challenge Paul McCarthy and Jane Rylance Bullying in Schools and in the Workplace Ken Rigby European Research on Bullying at Work Dieter Zapf Bullying/Abuse in Helping Professions Jane Rylance Systems Bullying (The Police) Michael Kennedy Cultures of Secrecy, Abuse and Bullying Cara Beed Bullying Using Organisational Procedures Greg McMahon The Reluctant Executioners Vaughan Bowie Epiphany: A Method of Analysis for Workplace Violence Fiona Underwood The Bullying Syndrome Paul McCarthy Health and Safety Guidelines to Address Bullying at Work Cath Rafferty Bullying Of Victims By Present Injustices In The System Peter Gorman Eliminating Professional Abuse by Managers Michael Sheehan Bullying the Elderly Trish Bulbeck Bibliography/ Index 07 [A]n important book which addresses a contemporary issue in many Australian workplaces. Containing implications for individuals, groups, organisations and governments, many readers will find the book of considerable interest. - Grant Michelson, in The Journal of Industrial Relations, December 2001, and Worksite, Spring 2001 07 Reading this book has added to the knowledge I hold about workplace bullying and will inform my work as a practitioner. Reading the book at times got me overwhelmed by the extent of bullying, and at other times hopeful at the options available to move away from a culture where bullying is present. ... ... [T]here are many ideas in this book, which provoke and challenge. If you are in the position of influencing the culture of your (or any) organisation then please remember the voices of those who brought this problem of workplace bullying to our attention. - Industrial Relations Society of SA newsletter, Vol 4 No 3, 2001 07 ... this is a valuable educational resource [which] should remain a useful tool in the fight against workplace bullying. - Law Society Journal (NSW), March 2003 07 [A]n informative, thoughtful and concise publication ... an invaluable insight into the nature, incidence and negative ramifications of bullying behaviour in an Australian context. ... The discrete examples of bullying ... illustrate the extensive and complex nature of the problem, particularly in relation to the workplace. The number of people affected by bullying is astonishing. ... Various chapters are devoted to a general discussion of bullying and its ramifications in organisations generally. Others concentrate on specific sectors of the working community, for example in policing, the helping professions and in relation to the elderly. ... [B]ullying is not solely attributable to the behaviour of "the bully". Flaws within organisational structure and systems may also be responsible for creating, reinforcing and maintaining bullying behaviour, thus enabling the bullying to thrive in the workplace. Organisational changes such as downsizing are identified as creating the breeding ground for bullying behaviour. Individual susceptibility to becoming a victim is also discussed. This research is imperative... Bullying - from Backyard to Boardroom highlights the seriousness of bullying by spelling out the vast range of negative ramifications that are derived from bullying behaviour. ... A UK study identified that one in four victims of bullying will actually leave their job ... Low worker morale, absenteeism, replacement of staff, retraining and a declining public image are among some of the negative outcomes that create financial losses. ... The book would be a valuable resource for any organisation. Not only as a tool for heightening awareness of bullying, but as a guide for implementing policies to help prevent the problem and to effectively deal with any complaints that arise. - Rights Now, September 2001 04 01 http://www.federationpress.com.au/images/book/mccarthy.jpg 01 The Federation Press 200104 The Federation Press IP 20 medium medium 02 38.50 9781862875142 03 03 9781862875142 15 9781862875142 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862875142 A01 Peter Gillies Gillies, Peter Gillies 12 1056 KM 12 L 12 Y 01 Business Law is a clear and accurate statement of the foundations of the Australian legal system, the law of contract and the major topics in commercial law. Known for facilitating a sound and comprehensive grasp of the subject, Business Law has a strong following amongst the business and legal communities. Company directors and others in business value it as a tool to understand legal concepts involved in everyday dealings and business agreements. Legal practitioners with diverse commercial practices find it valuable as a first resource for themselves, and ideal for their clients’ use. Contents include: the nature, sources and structure of Australian law detailed coverage of the law of contract business structures, such as companies, partnerships, trusts and agencies negligence and liability restrictions on trade practices, and consumer protection banking and financial transactions law real and intellectual property law, including copyright, patents and trade marks insurance credit law and bankruptcy. 04 Introduction Nature of Law, and of the Common Law in Particular/ Sources of the Law/ Law and Morality: Law and Justice: The Rule of Law/ Role of the Law: Law and Social Change/ Classifications in the Law/ The Australian Jurisdictions/ The Institutions of the Legal System/ Reception of English Law in Australia Judge-Made Law and Statute Law Common Law / Equity/ Statute Law The Courts, Litigation and the Legal Profession The Courts/ Litigation/ Tribunals/ The Legal Profession/ Alternative Dispute Resolution Federalism Introduction/ The Division of Powers/ Limits Imposed upon Federal and State Legislative Powers by the Commonwealth Constitution/ The Concurrent Powers - Conflict Between State and Federal Laws/ Consideration of Certain Heads of Commonwealth Power/ Amendments to the Constitution The Law of Torts Introduction/ The Tort of Negligence/ Trespass against the Person/ Torts against Land: Trespass and Nuisance/ Torts Concerning Chattels/ Rylands v Fletcher - Current Status/ Occupier's Liability/ Breach of Statutory Duty/ Deceit/ Animals/ Defamation/ Defences to Torts/ Vicarious Liability/ Statutory Limits on Damages Payable for Wrongs Causing Injury or Death The Criminal Law Introduction/ Nature of the Criminal Law: Its Purposes/ Sources of the Criminal Law: The Criminal Courts/ The Elements of an Offence: Bases of Liability/ Formally Classifying Offences/ Proving Criminal Liability/ Structure of the Substantive Criminal Law/ The Offences/ The Defences/ The General Principles and Doctrines Contracts - An Overview Contracts - the Idea/ Contracts is a Branch of the Civil Law/ The Evolving Law of Contract - The Philosophy of Laissez-faire and its Sequels/ Components of Contract Law Formation of Contract - Offer and Acceptance Introduction/ Offer/ Termination of Offer/ Acceptance/ Miscellaneous Aspects of Formation Formation of Contract - Consideration Introduction/ Should There be a Requirement of Consideration?/ Requirement of Consideration Waived Where Agreement Embodied in Deed/ Consideration Must Move From the Promisee, But Need Not Move to the Promisor/ The Concept of Consideration/ The Law is Unconcerned with the "Value" of Consideration (the Financial Value)/ Insufficient Consideration Formation of Contract - Intention to Create a Binding Contract Introduction/ Agreements Arising in the Business Context/ Agreements Arising in a Social or Domestic Context/ Subsidy and Other Administrative Schemes and Arrangements set up by Government Terms of the Contract - Principles of Construction Contractual Terms/ Principles of Construction/ Presumed Intent of the Parties/ Where Contract Written, Accord Ordinary Meaning to Language Where Possible/ Ambiguity/ Spirit of Agreement Approach v Actual Wording/ The Parol Evidence Rule and the Admission of Extrinsic Evidence in Interpreting Written Contracts Terms of Contract - Determining the Scope of the Contract Introduction/ The Difference Between Representations and Terms/ Incorporation of Terms by Signing, Display, etc/ Implied Terms/ Collateral Contracts/ Uncertain Terms Terms of the Contract - Issues of Meaning and Effect Exclusion Clauses/ Conditions and Warranties Vitiating Elements - Mistake Mistake - An Overview/ Categories of Legally Relevant Mistake/ Effect of Mistake at Common Law/ Effect of Mistake in Equity/ Miscellaneous Aspects of Mistake/ Rectification Vitiating Elements - Misrepresentation Introduction/ What is a Relevant or Operative Misrepresentation?/ Effect of Misrepresentation/ Miscellaneous Matters/ Relevant Legislation Vitiating Elements - Illegality Introduction/ Illegality at Common Law/ Illegality under Statute Law/ Severance/ Recovery of Money or other Property Handed Over Pursuant to an Illegal Contract/ Retrospective Validation of an Illegal Contract Vitiating Elements - Inequality Between the Parties Introduction/ Duress/ Undue Influence/ Unconscionable Dealing - Contracting With a Person Under a Disability/ A General Principle of Unfairness?/ Legislative Intervention Termination of the Contract in General Introduction/ Concepts: Terminology/ Termination by Performance/ Termination by Agreement and Related Concepts/ Termination by Virtue of a Term in the Contract/ Frustration/ Termination of an Indefinitely Continuing Agreement Termination of the Contract - Breach and Anticipatory Breach Introduction/ Actual Breach/ Anticipatory Breach/ Election to Affirm or Terminate the Contract/ Consequences of Termination/ Remedies for Breach and Anticipated Breach of Contract Remedies for Breach of Contract Damages for Breach and Anticipated Breach/ Liquidated Damages/ The Equitable Remedies/ Limitation Provisions Privity and Assignment The Doctrine of Privity of Contract/ Assignment of Contractual Rights and Obligations Contractual Capacity Introduction/ Minors/ Persons under a Disability of Mind, including Intoxication/ Corporations/ Bankrupts/ Married Women Contracts Required to be in Writing or Evidenced by Writing Introduction/ The Statute of Frauds 1677 (England)/ Miscellaneous Contracts Comprehended by the Statute of Frauds and its Modern Successors/ Contracts for the Sale of Goods/ Contracts for the Sale of Land/ Standard Terms and Concepts Associated with the Provisions/ The Doctrine of Part Performance/ Non-contractual Remedies at Common Law in Respect of Non-conforming Contracts/ Termination and Variation of Affected Contracts Contracts for the Sale of Goods Introduction/ Contract for the Sale of Goods - Nature/ Formalities of the Contract/ Classifying Goods/ Terms of the Contract/ Transfer of Property in the Goods/ Where Seller Does Not Have Title/ Performance of the Contract/ Remedies for Breach of Contract Quasi-Contractual Remedies Introduction/ Quasi-Contractual Remedies Especially Relevant to the Contractual Situation/ Other Quasi-Contractual Remedies Principal and Agent Introduction/ When Agency Arises (ie Creation of Agency)/ Relationships between Parties - Rights and Liabilities/ Termination of Agency/ Types of Agent Partnership Introduction/ Determining Whether a Partnership Exists/ Creation of Partnership/ Relations Between Partners and Third Parties/ Relations Between Partners/ Dissolution of the Partnership/ Winding Up the Business/ Limited Partnerships/ Registration of Business Names Property Introduction/ Real Property/ Personal Property/ Assignment of Real Property and Personal Property/ Priorities Between Competing Interests Intellectual Property Introduction/ Copyright/ Designs/ Patents/ Trade Marks/ Plant Breeder's Rights Act 1994 (Cth)/ General Law Remedies/ The Trade Practices Act 1974 (Cth), ss 52 and 53 Trusts Introduction/ Classifying Trusts/ Creation of a Trust/ Position of the Trustee/ The Position of the Beneficiary/ Termination of the Trust Succession Introduction/ Wills/ Executors and Administrators/ Administration of the Estate/ Testator's Family Maintenance Legislation Bailment Introduction: Concept of Bailment/ Classifying Bailments/ The Bailee's Duties/ The Bailor's Duties/ Termination of Bailment/ Special Types of Bailee Consumer Protection Overview/ The Consumer Provisions in the Trade Practices Act, Part V, and in the Fair Trading Acts/ Trade Practices Act, Part VA - Liability of Manufacturers and Importers of Defective Goods for Injury to Individuals, and Related Types of Damage Credit Law Introduction/ Mortgages Over Real Property/ Mortgages Over Personal Property/ Hire-purchase Agreements/ Other Traditional Arrangements Involving the Buying of Goods on Credit/ The Consumer Credit Code/ Pledges and Pawns/ Liens/ Privacy Law Affecting the Provision of Credit Insurance Law Introduction/ Concluding a Contract of Insurance/ Basic Concepts and Topics in Insurance Law/ Standard Classes of Insurance Bills of Exchange Introduction/ Definition of the Bill of Exchange/ Classifying Bills of Exchange/ The Parties to a Bill - Issues of Capacity and Role in Drawing, Accepting, Etc/ Negotiating a Bill/ Rights and Liabilities of the Parties to the Bill/ Discharge of the Bill/ Promissory Notes Banks and Cheques Introduction/ Banks/Financial Institutions, Customers and Their Relationship/ Cheques/ Special Provisions relating to FCA and FIC Institutions Bankruptcy Introduction/ Bankruptcy/ Arrangements With Creditors Without Sequestration: (A) Compositions, Arrangements and Assignments under Part X/ Arrangements Without Sequestration: (B) Debt Agreements The Trade Practices Act: Restrictive Trade Practices Introduction/ Some Concepts/ Administration of the Act/ Application of the Act/ Restrictive Trade Practices/ Part VI of the Act - The Remedies/ Authorisations/ Notifications/ Trans-Tasman Market Power Provisions/ Parts IVA and IVB of the Act - Protection of Smaller Businesses/ Access to Services - Part IIIA/ Part XIB - The Telecommunications Industry: Anti-Competitive Conduct and Record Keeping Rules/ Price Exploitation by Corporations in relation to the New Tax System Company Law by Michael Quilter Preliminary Matters/ Internal Organs - The Division of Power/ Formal Controls on Companies/ Financing Companies/ Financial and Other Problems/ The Company and Legally Significant Transactions/ The Wider Regulatory Framework Table of Cases/ Table of Statutes/ Index 07 The work continues to provide both students and practitioners with a useful guide through the various principles which together constitute “business law”. … Given the diversity of topics covered, the text cannot not does it purport to be a treatise on each of those topics. This does not, however, in any way diminish its usefulness. - Antony Lo Surdo, Australian Banking & FInance Law Bulletin, Nov/Dec 2004 07 The book’s greatest strengths are its clear, unaffected language and logical structure. Its analysis of legal principles and legislation are concise, and whenever possible, free of convoluted legal language. Business Law is eminently readable, but without sacrificing accuracy. … The emphasis on contract law makes Business Law invaluable for people involved in business and commerce. I suspect that, in some cases, a quick read through the relevant chapter of Business Law may provide a layperson with enough information to negate the need to speak with their solicitor. … The chapter entitled “Judge-made Law and Statute Law” and its discussion of common law, equity and statute law is, perhaps, the clearest and most concise treatment of the sources of Australian law that I have read. With its concise and accessible language, underpinned by some thorough research, it is easy to see why Business Law is currently in its 12th edition. - Rocco Cecere, Ethos (ACT Law Society), Dec 2004 07 It hardly seems 18 months has passed since I reviewed the 11th edition of this well-known and excellent publication. The 11th edition is testimony to the number of times that I have referred to it as it sits on my bookshelf, slightly off centre, and looks well used. … Over the years I have referred this book to many such people, particularly company executives and the like and have, on several occasions, loaned my copy for them to have the opportunity to consider. By so doing, I thought they would instantly see its value and purchase their own copy. Most have done, which confirms my thoughts of the real value of it. If you are not familiar with this book, then I would be surprised. It covers areas such as the law of Torts, Criminal law, Contract law and its ingredients, mistake, innocent and fraudulent misrepresentation, illegality, inequality as between the parties to a contract, breaches and, to use a term brought from America, Anticipatory breaches, Sale of Goods, Principal and Agent, Trusts, Succession, Intellectual Property, Consumer Credit law and the Trade Practices Acts (Cwlth), Insurance Law, Credit law, Bankruptcy, Banking and Bills of Exchange, not to forget Company law. Thus, no matter what the field in which you practice, there must be times when the greatest favour you can do to a client, is to point them towards Gillies, encourage them to have it in their Boardroom or library and more importantly, to take the time to read it! - BJM, Tasmanian Law Society Newsletter, September 2004 07 Reviews of 11th edition: [T]here are often times when one has a client who wants to try to understand legal concepts for themeslves, without having to obtain a law degree. It is in this context that I have found Gillies to be the answer. This is a book which looks at what the author calls "the foundation topics in the Australian legal system, the law of contracts and the major topics in commercial law". The method by which he looks at these is what makes this book so useful. The style in which it is written is down to earth, at times a little witty, and above all, detailed enough for a non-lawyer to understand but not so complex that a lay person loses the sense of what is being said. When I reviewed an earlier edition, I praised the book for its value as a student text and for people involved in commerce who needed ready access to a textbook on the issues to which they are exposed in their business. I remain of the view that this book fills that spot very well. … - Law Society of Tasmania newsletter, April 2003 07 If there is a need for a text for general business purposes, then it is hard to go past Business Law by Peter Gillies. - Australian Law Librarian, Vol 11(3), 2003 07 Review of 10th edition:What a relief! A legal book which is clear in language and structure, breaking down complex legal matters, and covers basic legal principles. … The most compelling feature of this work is that it is well written and easy to understand. The chapters contain a useful introduction that places each topic in its context and often shows the development of the legal principles. The book includes a comprehensive table of statutes and cases. The index is excellent. The book is an ideal reference book about basic legal principles that relate to business that is also relevant to legal practice. The publishers should consider publishing this important work in hardcover as it forms an important part of the libraries of many practitioners who use the work as a first reference. - International Trade & Business Law Annual, May 2002 04 01 http://www.federationpress.com.au/images/book/Gillies12.JPG 01 The Federation Press 20040714 The Federation Press IP 21 medium medium 02 85.00 9781862872219 03 03 9781862872219 15 9781862872219 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862872219 A01 Veronica Brady Brady, Veronica Brady 160 J 12 JB 12 HB 12 C 12 Y 01 'White Australians talk about the "Aboriginal problem". The first this is to define the issue facing us non-Aboriginals. Is it an Aboriginal problem at all? I would suggest not. The problem is ours …' So starts Veronica Brady as she seeks the road to reconciliation. But how can there be true and lasting reconciliation if we non-Aboriginals do not understand our historical and cultural assumptions? Why is reconciliation with Australia’s Aborigines so peculiarly hard for the country’s white population? Veronica Brady asks how it is that we failed to understand the peoples whose land we occupied. Why have we found it so difficulty to recognise Aborigines as human beings with skills, wisdom and history very different to ours but equally valid. Brady explores these issues by looking at the attitudes, hopes and fears we brought with us, and the ways in which these show themselves in fiction from early days to contemporary works like Oscar and Lucinda and My Place. 04 "Deemed unjustifiable by some . . . " All things in their imagined counterparts "If you break the mirror . . . " The new Heaven and the new Earth "The Captain feels most dreadfully chagrined . . . " "The mortal wound . . ." People in glass churches . . . "Truer than truth itself" "Where are you riding to, Master?" "It is where we are wounded" 04 01 http://www.federationpress.com.au/images/book/brady.jpg 01 The Federation Press 199610 The Federation Press IP 20 medium medium 02 27.50 9780864694188 03 03 9780864694188 15 9780864694188 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780864694188 A01 Paul F Smith Smith, Paul F Smith 228 M 12 VF 12 MB 12 Y 01 Cannabis is one of the most widely used drugs in the world. Popular as a recreational drug for thousands of years, it has also been used as a medicine since 2300 BC. Over the last few decades, cannabis users and an increasing number of doctors and scientists have demanded the reform of cannabis laws. But do we know how cannabis works? What effect does it have on the brain? What ill-effects are associated with its use? Is there any convincing evidence supporting its use as a medicine? Should it be decriminalised? Cannabis on the Brain answers these questions using the latest scientific information from pharmacology and medicine, using a minimum of technical jargon. 04 What is cannabis? How cannabis gets into the brain What cannabis does to the brain What cannabis does to behaviour Adverse effects of cannabis Evidence for dependence on cannabis Therapeutic applications of cannabinoids Social and legal issues relating to cannabis Conclusion: The future of cannabis and cannabinoids References/ Index 04 01 http://www.federationpress.com.au/images/book/SmithCannabis.JPG 01 Dunmore (NZ) 200211 The Federation Press IP 20 medium medium 02 34.95 9781862872783 03 03 9781862872783 15 9781862872783 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862872783 1 A01 Kevin Andrews Andrews, Kevin Andrews 2 A01 Michelle Curtis Curtis, Michelle Curtis 232 HB 12 JB 12 Y 01 The Australia of today is a very different country to that of fifty years ago. This book shows how different. From a firm base of statistics, it documents the major social, cultural and economic trends since World War II. Burrowing into the everyday world of who Australians are and how they live, the authors pick out significant, sometimes dramatic, change. Trends show up clearly, often widely acknowledged, occasionally surprising, but always providing pointers and raising questions as to the directions of the country’s development in the future. A fascinating account written in a clear and lively style. 04 Introduction From Baby Boomers to Generation X – Changing Australia Part 1 The Australian People Population/ Immigration/ Births/ Families/ Marriages/ Divorces/ Youth/ Family Violence Part 2 Government and the Social System Social Welfare Expenditure/ Health/ Education/ Housing/ Social Security/ Defence Part 3 The Economy National Production/ Trade/ Agriculture and Land Use/ Transport/ Tourism/ Taxation/ Income, Wealth and Poverty/ Wealth and Poverty/ Savings and Debt/ Employment Part 4 Community and Culture Community Associations/ Religion/ Trade Unions/ Popular Culture/ Crime 04 01 http://www.federationpress.com.au/images/book/chngeaus.jpg 01 The Federation Press 199810 The Federation Press IP 20 medium medium 02 33.00 9781862873971 03 03 9781862873971 15 9781862873971 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873971 1 B01 Sarah Armstrong Armstrong, Sarah Armstrong 2 B01 Petrina Slaytor Slaytor, Petrina Slaytor 210 VF 12 J 12 Y 01 Accounts of the experience of cross-cultural adoption, by adoptees. These accounts are introduced by Sarah Armstrong, who introduces the project, the issues around cross-cultural adoption, themes arising through the first person accounts and provides statistics on the scale of cross-cultural adoption. "The aim of the project was to draw together the experiences of both Australian-born transracial adoptees and intercountry adoptees ... Of the nine Australian-born adoptees, there were those of Aboriginal, Chinese, Maori, African, Spanish descent. The countries of origin for the 18 intercountry adoptees were Vietnam, Bangladesh, Fiji, New Zealand (Maori), Burundi, Korea, Colombia, Sri Lanka, India and Canada (North American Indian). The writing of The Colour of Difference has been about discovery and openness and not about blame. The adoptees who gave their stories to us so generously and honestly, with all their various experiences of adoption, wanted the book to be a positive and true reflection of their lives in Australia. Some of them, as you will read, had experienced unkindness or abuse in their adoptive families. The majority had been treated with love and real efforts had been made to incorporate them and their culture into the adoptive family. The participants, as a group, said that they were 'just trying to be honest' in writing their stories, not trying to blame their adoptive families, who were generally perceived to be 'doing their best'. ... The participants of this book are keenly aware of how their lives might have been. They bear the burden of gratefulness, often to parents who would be appalled to think that their children feel such an emotion. In the public eye, this kind of adoption was, and perhaps still is, a 'good thing' to have done, an altruistic gesture. The New South Wales Law Reform Commission, in their Report 81: Review of the Adoption of Children Act 1965 (NSW) state: Approaching intercountry adoption as a form of aid carries with it a danger of placing on the child an implied burden of being grateful for having been 'saved'. This can lead to a situation in which the child may feel that his gratitude can never equal what has been done for him and the debt becomes impossible to repay." -- Taken from the Introduction. Post Adoption Resource CentreThe Post Adoption Resource Centre (PARC), a service of The Benevolent Society, is a Sydney based counselling and information service for people affected by adoption in New South Wales, throughout Australia and internationally. PARC was established in 1991 to coincide with the implementation of the New South Wales Adoption Information Act (1990), which gave rights to information and contact to adoptees and birth relatives. Since that time, PARC has conducted more than 43,000 telephone counselling calls and has provided direct counselling, intermediary and groupwork services to a further 13,000 people. PARC's services are available to anyone affected by adoption. 04 Acknowledgements About the Post Adoption Resource Centre List of Contributors Glossary Introduction Amara Analee Anne-Louise Bev Binta Buffy Cecily Damian Daniel Dario Deborah Erika Helen Jane Janice Jenny Joe Kim Kynan Maggie Michael Ngita Nina Olivia Rashida Sam Ungh-Thanh Appendix A Reading List/ Contacts List 07 An important book. It makes a vital and indeed unique contribution to what is as yet a somewhat limited literature … The book is engrossing from the first page to the last, conveying as it does moving and at times disturbing stories of the personal journeys of people, adopted as infants, some born in third world countries or born in Australia of parents of other cultures. The book goes right to the heart of the experiences of the 27 adopted people who are its subject. … The great value of the book is that no one reading it will ever again be able to assume that intercountry or transracial adoption is a simple matter of placing needy children from a third world country or from another culture, where their roots are deep, with parents willing to love them and give them a good home in Australia thereafter to live "happy ever after". To prospective adoptive parents the book will give an invaluable insight and understanding of the needs and feelings of children adopted under these circumstances. … The success of the book rests on the courage of the adoptees in telling their intimate stories and the skill of the telling … - Australian Social Workers Journal, 2002 07 This powerful book is filled with poignant tales of love, rejection and discovery. … The 27 adoptees each give voice to a unique experience related to adoption into a family of a different racial background, including the trials and tribulations along the way. … The authors capture the essence of their experiences, which will undoubtedly help others who are going through a similar experience. I would recommend this book to social workers, health care providers, therapists and anyone interested in adoption. People who have been through the adoption process will also enjoy this reader-friendly book as an outlet for unresolved issues and as a validation to how important each of us are in this world. - Journal of Family Studies, October 2002 07 A valuable and ground-breaking text that fills an important gap in the existing literature. … The Colour of Difference provides invaluable insights into the experience of transracial adoption. Written in accessible form, the book is highly recommended for transracially adopted teenagers and adults as well as the host of professionals and adoptive parents with an interest in transracial adoption. As Ungh-Thanh, a Vietnamese intercountry adoptee, states: 'Hopefully this book will allow other interracial adoptees to feel that there are those of us out there who understand what you feel. You are not alone.' (p.188) I only wish that there existed a UK equivalent written by UK-based transracially adopted adults. Until that time, I advocate reading this book … - Adoption and Fostering UK, 2002 04 01 http://www.federationpress.com.au/images/book/9781862873971.JPG 01 The Federation Press 200109 The Federation Press IP 21 medium medium 02 29.95 9781862877238 03 03 9781862877238 15 9781862877238 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877238 1 A01 Robert Watt Watt, Robert Watt 2 A01 Francis Johns Johns, Francis Johns 6 336 LA 12 Y 01 Concise Legal Research details the technical aspects of a huge number of legal sources and explains how to research law with confidence and in good time. This new edition focuses on the impact of online access and the need for the researcher to move seamlessly between traditional and electronic resources. All strategies that have been created to incorporate hard copy researching techniques have been updated with alternate electronic methods. Particular attention has been paid to the chapter on secondary sources, and with the maintenance of a structured approach to research, recognises that online research – with its many inherent pitfalls – must carefully fit within rules of research required by the discipline. 02 Concise Legal Research details the technical aspects of a huge number of legal sources and explains how to research law with confidence and in good time. This new edition focuses on the impact of online access and the need for the researcher to move seamlessly between traditional and electronic resources. 04 Introduction Citation Primary Source Material - Commonwealth, NSW, Selected Australian Jurisdictions and UK Delegated Legislation Law Reports Secondary Source Material Finding the Law in New Zealand, Canada and India Finding the Law in the United States of America International Law The Legal Materials of the European Union Non-commercial Internet Addresses for Legal Research Index 07 All readers are directed particularly to Chapters 1. Citation; 2. Primary Source Material; and 5. Secondary Source Material. These chapters, which deal with the fundamentals of legal research, are written in a clear and readable style, and contain many useful insights. In particular a knowledge of them would enable the reader to gain a mastery over the detailed requirements of legislation, law reports and the more in-depth knowledge of these topics in the particular jurisdictions set out in the other chapters. Although the authors have integrated the various forms of electronic data retrieval throughout the text, they have still retained in the final chapter a comprehensive list of Non-Commercial Internet Addresses for legal Research. The value of the book lies in establishing a feeling of confidence in the reader who might be involved with legal research for the first time. To those who are experienced in legal research this new edition will still serve as both a useful aide-memoire and stimulation for the conduct of their future research. - Emeritus Professor David Barker AM, Editor, Legal Education Digest, 54 Vol 17 No 1, March 2009 07 Now in its sixth edition, this book is a core reference tool for legal researchers and legal librarians who conduct legal research. It details the technical aspects of legal sources and explains how to research law with confidence and in good time. This edition focuses on the impact of online access, and the need for the researcher to move seamlessly between traditional and electronic resources....I think this book would be worth buying for personal use for any legal researcher and also for any good-sized legal library with access to some of the major commercial databases. - Australian Law Librarian, Vol 18 No 1, 2010 07 Aimed at practitioner and student alike, Concise Legal Research is a surprisingly comprehensive guide, truly compact, with an emphasis on time management, and the transition between traditional and online resources. This is the kind of refreshing relief from black letter tomes that made you heave a sigh of relief at university, with its accessible style and logical structure. It features chapters on: · Citation · Primary and secondary material · Delegated Legislation · Law Reports · International Law · Internet Addresses for Legal Research It has a valuable section on Australian jurisdictions, with a background on the form of legislation for each state. The section on law reports is brief but extensive. - Ethos, ACT Law Society Journal, June 2009 07 Reviews of previous editions:Many lawyers, having embraced the Internet, sometimes spend far too long searching aimlessly for relevant cases or the latest legislative changes. We end up clutching reams of patchy material or nothing much at all. Concise Legal Research provides a good overview of current electronic and hardcopy resources in each Australian and some overseas jurisdictions and offers techniques for staying on track. Now in its 5th edition, Concise Legal Research would be most useful for law students, junior lawyers, librarians and anyone looking for a legal resource refresher. It has a mix of legal history, explanations of research materials and methodology and a myriad of references for further reading. … One of the book’s strengths is the acknowledgement that given the rapid changes in electronic materials, some of the information or websites provided may soon be obsolete. What will remain constant is the need to approach research systematically and the need to be aware of the available resources. Concise Legal Research is a book well worth consulting. - Catherine Vardy, Law Institute (Vic) Journal Vol 79: No.4 (April 2005) 61 07 The introduction to this book is worth quoting …. King George III is reputed to have said that a lawyer is not a person who knows the law but one who knows where to find it. It could be added that a good and successful lawyer is one who can find the law quickly, and with the available materials. This is what is meant by concise legal research. This is the 5th edition of this book since 1993. The number of editions reflects the changes in this area with the introduction of electronic publishing. This is a comprehensive summary of legal research resources. … Although not a practice manual, there is some brief explanation of the relative merits of various sources and ways of searching. There are many useful snippets … Although an Australian book, half of the 271 pages of this book is devoted to legal resources on International Law and the laws of New Zealand, Canada, India, the USA and Europe. … This is a worthy book for every law student. All practitioners need to know what it teaches. If you have lost confidence with your research skills, a couple of hours reading of the book will refresh your knowledge, improve your skills and increase your confidence. - Tim Tierney, Tasmanian Law Society Newsletter, December 2004 07 When the pressures of work demand quick and accurate answers, the need to locate relevant legal information is acute. For some, legal research is a hit and miss affair ... A more systematic approach is offered by Robert Watt in his book Concise Legal Research. ... Throughout the text, examples are provided so that readers can understand and familiarise themselves with actual source material. - Australian Law Journal 07 a useful guide to electronic databases ... this reviewer found the section on Canada particularly useful ... a point of first reference for someone wanting to undertake research on international human rights law. - International Trade & Business Law Journal 04 01 http://www.federationpress.com.au/images/book/9781862877238.jpg 01 The Federation Press 20090302 The Federation Press IP 21 medium medium 02 59.95 9781876067083 03 03 9781876067083 15 9781876067083 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781876067083 1 A01 Satyanshu Mukherjee Mukherjee, Satyanshu Mukherjee 2 A01 Adam Graycar Graycar, Adam Graycar 2 120 J 12 LX 12 Y 01 Published with the Australian Institute of Criminology. This book gives a comprehensive picture of crime and the criminal justice system in Australia in the mid-1990s. It provides definitions of most aspects of the criminal event, describes the various tiers of the criminal justice process, and includes illustrative statistics which give a picture of the state of crime in Australia in the mid-1990s. Some tables and graphs convey 'snapshots' of various crimes, and others convey trends. State and Territory data are included, but the main emphasis is on the national perspective. 04 Introduction What is crime? Causes of crime: some theories Australian Society System of government Demography The Criminal Event Types of crime Other common crimes Main sources of national crime statistices The extent of crime The trends in crime Where do most crimes occur? Weapons and crime Victims Who are the victims of crime? Who are the victims of violent crime? How often are people victimised? What kinds of households are victims of crime? A comparison of crime rates with the rates of other life events Crime: an issue of community concern The relationship between victims and offenders How does crime affect its victims? Are all crimes reported? Victim impact statements Compensation for crime victims Offenders Information about offenders Who are offenders? Offence patterns Drugs and crime Juveniles and the criminal justice system Career criminals The Response to Crime The criminal justice system response to crime Law enforcement agents: roles, functions and powers Prosecution and adjudication Sentencing and Punishment Theories on the effectiveness of punishment The objectives of sentencing Current sentencing alternatives What sentence lengths are actually served by offenders? Corrections Trends in correctional populations and prison overcrowding Prison accommodation The main characteristics of people under detention How is time served in prison determined? Does imprisonment deter from re-offending? The health status of the custodial population Cost of Justice Government expenditure on justice and sources of funding What does the Commonwealth government pay for? State government responsibility for justice Factors related to State government per capita spending The cost of staffing the criminal justice system What do prisons and correctional programs cost? Current Issues Unemployment and crime Domestic violence Ethnicity and crime Deaths in custody Sophisticated crime List of Tables/ List of Figures/ References 07 … a well laid out reference source - New South Wales Police Journal 04 01 http://www.federationpress.com.au/images/book/mukherjeecrime.JPG Hawkins Press 01 The Federation Press 199801 The Federation Press IP 20 medium medium 02 33.00 9781862876705 03 03 9781862876705 15 9781862876705 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876705 1 A01 Chris Ronalds Ronalds, Chris Ronalds 3 288 KN 12 L 12 LX 12 KM 12 Y 01 This new 3rd edition is entirely updated and includes all major cases since 2004. A selection of reviews of the previous editions (see below) clearly outline the publications immeasurable value, concise approach and instructive nature. The important High Court decisions on the definition of direct discrimination - Purvis v State of New South Wales (Department of Education and Training) (2003) 217 CLR 92 - on the definition of indirect discrimination - State of New South Wales v Amery (2006) 226 ALR 196 – and all major decisions applying those cases are analysed. The developments in the key areas of employment, education, harassment and victimization are all addressed. Additionally trends in the remedies being awarded and the level of monetary damages granted to successful applicants are also analysed. The impact of changes in the federal industrial relations arena and the developments in the intersection between discrimination law and industrial law and the use of discrimination law principles in unfair dismissal cases are also examined. 02 This new 3rd edition is entirely updated and includes all major cases since 2004. A selection of reviews of the previous editions clearly outline the publication's immeasurable value, concise approach and instructive nature. 04 Background and current position Grounds or attributes of discrimination Definitions of discrimination Employment discrimination Education discrimination Harassment Vilification and racial hatred Other areas of discrimination Victimisation and other unlawful acts and offences Liability, vicarious liability and defences General exemptions Complaint-handling processes Conducting a hearing Remedies Industrial laws Appendices A: Grounds of unlawful discrimination B: Areas of unlawful discrimination C: Exceptions to coverage D: Conciliation and inquiry powers E: Contact points Table of Cases/ Table of Statutes/ Index 07 Discrimination Law and Practice is an easily digested overview for the newcomer to discrimination law. It is aimed not only at practitioners but at organisations that may seek to ensure compliance. Coverage of the socio-economic and political background to the legal developments allows a further level of depth. The comprehensive use of cases provides the analysis and direction necessary for an understanding of the law by practitioners. ...A book previously described as "arguably the best available starting point for an understanding of the basic concepts", this third edition is just that. It recognises the changing nature of discrimination law, presents it in a manner that is interesting and is a well-weighted guide for general purposes. - Hearsay, The Journal of the Queensland Bar Association, Issue 33, February 2009 07 …this book provides an excellent introduction to the law of discrimination in Australia. Ronalds has created an easily referable text and the comprehensive discussion including statutory reforms, extracts of parliamentary debates, judicial criticisms and interpretations juxtaposed against informal discussions recommend it to the student and the practitioner alike... The format is easy to digest and includes useful further reading lists at the end of each chapter so that those whoe need greater detail can seek it. - Jennifer O'Grady, (2008) 28 Qld Lawyer 304 07 This is a useful and informative text on discrimination law in Australia. It works through substantive and procedural components of state and commonwealth discrimination law in a sensible and logical sequence, covering the key legislation and cases. ... this book is a necessary inclusion on the shelf of any practitioner with an interest in discrimination law. - Emrys Nekvapil, Law Institute Journal of Victoria, August 2008 07 Review of previous editions:This publication is of immeasurable value. It is written with respect to State and Commonwealth legislation and captures something which is often missing from text books. It manages to identify very fundamental concepts and treat them in such a way as to not be patronising to those who know them, but at the same time be instructive to those who don't. In the almost seven years since the first edition was published, the law has developed a great deal, so that an easy way of becoming more up to date, is to take the time to absorb its contents . The style of the book is to identify and develop the concepts of discrimination on the grounds of sex, age, disability, race, religious belief etc and then to take the reader through areas such as employment, where the cases illustrate the application of the law to various factual instances. It considers racial vilification, victimisation and devotes a chapter to fostering an understanding of how and in what circumstances discrimination may be exempted from the various Acts. To the uninitiated, it gives an overview of the conduct of proceedings and, I think, of greatest importance, explains the remedies available. I say this is of greatest importance because I have seen a number of instances where practitioners have applied for remedies which are simply not available to their client under the particular legislation. It is quite embarrassing to have to explain to another practitioner (hopefully in the absence of their client), that there is no power to give them the remedy they are seeking. It is even more difficult when they don't accept this and have to be told by the Court that there is no power to make the Order sought. Hopefully, by use of this very fine book, such events will no longer occur. This is an excellent source of learning and is highly recommended both for students and experienced practitioners. - BJM, Tasmanian Law Society newsletter, August 2004 07 Arguably the best available starting point for an understanding of the basic concepts of equal opportunity and anti-discrimination law. It will serve different purposes for legal practitioners, human resource professionals and students, but will be useful for all three groups. - Ryan Carthew & Simon Adams, Public Administration Today, Sept-Nov 2004 07 The first edition was widely regared as the best and most practical guide to the complex areas of discrimination law … The second edition builds on and expands the framework established in the earlier edition … the laws of direct and indirect discrimination are comprehensively and clearly explained. … The book represents a clear guide through the various twists and turns of discrimination law and practice. Of great assistance to practitioners in the area (such as myself) or other interested parties are the individual chapters dedicated to complaint-handling processes, conducting a hearing and remedies obtained and obtainable by complainants … the chapters dealing with the processes of complaint and litigation are essential reading material for any practitioner advising a client, or any party interested in entering the fray. … It will be no surprise that this excellent book should make its way onto compulsory reading lists at universities as well as into the libraries of practitioners. - Athena Scott, Journal of Industrial Relations, Dec 2004 07 One particularly useful section for people management professionals [in this revised edition] is a new chapter which examines the remedies obtained by people who pursue claims through the courts and the range and type of orders usually made. Ronalds and Pepper also include a comprehensive section on industrial laws. … Discrimination Law and Practice is a legal text and, as such, makes for pretty dry reading. But its concise approach and clear layout makes it easy to browse and locate relevant interest areas. - Human Resources magazine, 19 May 2004 07 [This book] is compact and instructive and provides a comprehensive coverage of the main issues. … It explains in clear terms the development and definition of discrimination law and canvasses the main grounds of discrimination in Australia … Throughout the book emphasis is given to the practical aspects of dealing with discrinination. Practical coverage is given to issues affectng liability, defences and remedies. The authors also explain the complaint-handling process and how a hearing is conducted. … The appendices … provide an excellent comparison of the legislative features in all nine Australian jurisdictions … [T]his is a useful book and highly recommended to students, practitioners and the general reader … - Ethos (Law Society of the ACT) Vol 192, March 2004 07 This book sets out the gamut of discrimination which can attract legal redress. It is not only a reference book for lawyers and students of the law but, perhaps even more importantly, it is of value to the lay reader who goes into bat for a colleague, an asylum seeker or even for him or herself. It is clearly set out with chapters on definitions of discrimination; grounds for complaint; as well as a background to the subject. More specifically, it examines discrimination with examples and legal references in such areas as employment, education, harassment, vilification and racial hatred; and the vexed area of victimisation. The authors provide practical guidance to the sort of legal obstacle courses involved, covering liability, vicarious liability and defences; general exemptions; complaint handling processes; how a hearing is conducted (and how to conduct a hearing). There are chapters, too, on remedies and industrial laws . Appendices cover grounds of unlawful discrimination; areas of unlawful discrimination; exceptions to coverage; conciliation and inquiry powers; and contact points. - Unity No 374, 19 March 2004 07 … indispensable … Topic by topic the author examines the law clearly and concisely, and … demonstrates the way it operates by reference to numerous practical examples, leading decided and unreported cases, and current usage. - Victorian Bar News 07 The chapters on complaint handling processes and inquiry proceedings demystify the bodies which actually handle and resolve discrimination complaints. They provide an excellent discussion of the procedures which a complaint goes through, the rights of complainants and how to go about matters like making changes, appealing, or joining parties. … an excellent guide to discrimination law. It is well researched, skilfully compiled and easy to follow. I strongly recommend it to lawyers and non-lawyers alike. - Law Society Journal (NSW) 04 01 http://www.federationpress.com.au/images/book/9781862876705.jpg 01 The Federation Press 20080221 The Federation Press IP 21 medium medium 02 59.95 9781862874251 03 03 9781862874251 15 9781862874251 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874251 A01 Renata Alexander Alexander, Renata Alexander 3 224 VF 12 L 12 LX 12 J 12 Y 01 This edition of Domestic Violence in Australia examines the different and in some cases quite disparate legal responses to domestic violence. It considers the extent of family violence, some of the causes or triggers of family violence and why women often do not leave violent relationships. It also provides details of useful resources such as Centrelink entitlements and lists of appropriate places for support and advice. It also considers criminal law responses and the role, powers and culture of the police as well as looking at injunctions and restraining orders available under the Family Law Act and the relevance of violence in disputes over children and matrimonial property. State and Territory remedies that are of general usage and not specifically in relation to family violence are detailed, including the peace complaint, injunctions and, most importantly, compensation for injuries incurred or property damage sustained. Finally the various protective orders available in each State and Territory are examined. The different requirements and procedures for obtaining these orders as well as different effects and consequences for breaches are covered. The book is an exceptionally useful up-to-date tool that provides the law and related information on domestic violence around Australia in one single text. 02 The book provides the law and related information on domestic violence around Australia in a single text. 04 Domestic Violence - What Helpers Need to Know Introduction Definitions Incidence, causes and patterns The victim Legal centres specialising in Social Security Law The Criminal Law Introduction The criminal law and protection orders Low prosecution rate Entry into the house Arrest Bail Compellability Sentencing Does the criminal law provide adequate protection? The Family Law Act 1975 (Cth) Introduction The relevance of violence in Family Court proceedings Non-molestation and non-violence injunctions Procedure Enforcement Conclusion Other Non Specific Remedies Introduction The Peace Complaint State Court injunctions Compensation Restitu Protection Orders Introduction Australian Capital Territory New South Wales Northern Territory Queensland South Australia Tasmania Victoria Western Australia Table of Cases/ Table of Statutes/ Index 07 Alexander successfully provides readers with an in-depth picture of the operation of domestic violence legislation around Australia. … A good knowledge of legal remedies and non-legal; remedies such as the available support service for medical treatment and accommodation is essential for those who work with the victim in day-to-day practice, such as the police, court personnel, legal practitioners and community workers. Practitioners will find the material in this chapter useful when assisting domestic violence victims, as it includes a list of legal resources and social services and a checklist of practical questions that helpers have in mind. … [The book] provides an excellent review of the current legal responses to domestic violence in Australian jurisdictions. I would recommend the book … - Journal of Family Studies, Vol 10(1), April 2004 07 [A]n invaluable text for anyone whose work brings him/her into contact with this issue. From the outset, the author … stresses that a holistic, interagency approach is required. … This book is an excellent resource for providing clients [of family therapists and other counsellors] with accurate and essential information about the legal avenues for addressing domestic violence. - ANZ Journal of Family Therapy, Vol 24(3), September 2003 07 This practical guide … will make useful reading for anyone involved in providing services/assistance to victims of domestic violence. - Family Matters, No 62, Winter 2002 07 A fantastic reference for lawyers, Domestic Violence in Australia: the Legal Response serves also as a functional summary for social workers and anyone involved in the support of families disrupted by violence. … Ms Alexander explains practically every option the law provides to victims of domestic violence. She also analyses their relative merits. - Law Institute Journal (Vic), December 2002 07 This exceptionally useful book explains the wide range of available legal responses to domestic violence in each Australian jurisdiction. - Educational Book Review (India), Nov-Dec 2002 04 01 http://www.federationpress.com.au/images/book/DomesticViolence.jpg 01 The Federation Press 200206 The Federation Press IP 20 medium medium 02 35.00 9781862873391 03 03 9781862873391 15 9781862873391 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873391 1 A01 Kathy Laster Laster, Kathy Laster 2 A01 Krista Breckweg Breckweg, Krista Breckweg 3 A01 John King King, John King 140 LX 12 L 12 Y 01 This innovative teaching resource lists films with significant courtroom scenes, illustrating the dramatic and tactical aspects of adversarial practice, including the demonstration of evidentiary rules in practice. The structure of the filmography is divided into two parts: the subject index followed by the synopses of films (see samples below) and subdivided by jurisdiction. The book encourages debate and discussion about the uses and role of law and its assumptions, its techniques of fact-finding and mechanisms for establishing truth. Covers civil and criminal law with a range of cases, from AIDS (Philadelphia) to war (Judgement at Nuremberg, QB VII), using films from the US, Great Britain, Australia and other countries. Two examples from the book are provided below - see Extracts. 07 The Drama of the Courtroom is a filmography - a compendium of films in which courtroom scenes are integral to the plot. Titles are listed by subject matter and jurisdiction. An abstract of the plot, legal lesson, running time and counter numbers (laser disc and time mode) is included . . . It is a useful tool for educators who find value in popular culture. . . . To the wider community, law provides a plethora of dramatic episodes. The human quest for 'justice' and the various interpretations thereof, create student expectations that law is dramatic. Courtroom films provide the main source of community knowledge of the law in practice but in many cases they do not represent 'real law' - how should this distinction be explained in the classroom if at all? Laster's opinion is that 'the popularity of the film courtroom is an intriguing social phenomenon which demands better explanation.' The first section of this filmography explores the pedagogical applications of the courtroom. The thesis is that regardless of jurisdictional boundary, popular depictions of the law in practice can provide a valuable resource that promotes student learning. For those educators who abhor the popular culture courtroom, this book is not for you. For educators who ascribe to the author's thesis, this is a must. - Proctor (Queensland Law Society), 2001 04 01 http://www.federationpress.com.au/images/book/lasterdrama.jpg 01 The Federation Press 200005 The Federation Press IP 20 medium medium 02 27.50 9781862873957 03 03 9781862873957 15 9781862873957 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873957 B01 Marian Sawer Sawer, Marian Sawer 272 JP 12 HB 12 Y 01 Australia was the first nation to invent itself through the ballot box and has become a country renowned for democratic innovations, from the secret ballot to adult suffrage and Saturday elections. Many of these reforms are now benchmarks of democracy. Yet the equity of Australia’s electoral process continues to be challenged. Does Australia have full, free and fair elections? The authors of this informative, entertaining volume tell of political forces and personalities which have shaped Australia’s electoral system. They describe how Australia became a pacesetter, why it experimented so much and whether the experiments have worked. They go on to consider what could and should be done, and the major modern challenges. Are party politics and pre-selections a corrupting influence? What is the impact of a mobile and scattered population? How widespread are the ‘rorts’? Could we have a ‘Florida’ down under? Elections – Full, Free and Fair is an edited volume on Australian electoral history and innovations, providing a broad commentary on continuing democratic challenges. This well-researched book on democracy and electoral justice covers topics of perennial importance. The project was supported by the ANU, the Australian Electoral Commission, Old Parliament House and the Parliamentary Education Office. 04 Pacemakers for the world? Marian Sawer A wider field in a new country: Chartism in colonial Australia Paul A Pickering The story of the ‘Australian ballot’ Mark McKenna Rights without seats: The puzzle of women’s legislative recruitment Diane Sainsbury Preferential voting and its political consequences Ben Reilly Inventing Hare-Clark: The model arithmetocracy Judith Homeshaw cratic experiments with Constitution-making Helen Irving ‘A great leveller’: Compulsory voting Lisa Hill Institutionalising electoral integrity Colin Hughes Delivering democracy to Indigenous Australians Will Sanders Exporting expertise in electoral administration Michael Maley Australian democracy in comparative perspective Arend Lijphart Confidence in Australian democracy Pippa Norris Political parties, partisanship and electoral governance James Jupp and Marian Sawer Notes on Contributors/ Tables, Figures, Illustrations/ Abbreviations/ Index 07 Did you know, ‘In 1832, during a by-election in Montreal, the army was called in and three people were shot dead. As a result the House of Assembly of Lower Canada adopted a bill depriving women of the right to vote, believing that polling stations had become too dangerous for the weaker sex’. … John Ralston Saul said ‘democracy is a sentence and voting just the punctuation’, but I think this book demonstrates that voting, who votes and how they vote is the demonstration of how we envisage our democracy. - Inkwell, January 2002 07 Professor Sawer’s research is widely respected. This collection, published by the Federation Press, makes an important contribution to our understanding of current thinking not only on Australian democracy but also in such areas as constitution-making and electoral assistance abroad. It is a frank and thought-provoking set of essays … It is not a celebration of Australian achievements or indeed a book which might encourage Australian election officials to ‘rest on their laurels’. A consistent theme of this collection is the issue of why, despite a rich history of respect for democratic procedures, the equity of Australia’s electoral process continues to be challenged. … Australia’s contribution to the international scene is one of the strongest features of this collection. Michael Maley looks at Australia’s ‘exporting’ of expertise in democratic electoral administration … [His] insights are complemented by Arend Lijphart’s comparative perspective and by Pippa Norris’s assessment of ‘confidence in Australian democracy’. … This book is the product of much that is best in Australian electoral studies. The authors reveal plenty about the political forces and individuals who shaped Australia's political system. Australia does genuinely emerge as a ‘pacesetter’ and experimenter, but its authors also look seriously at whether these experiments have worked – and what could have been done better. One can heartily recommend this book …. - Representation, Vol 38 (4), 2002 07 This is a very timely and welcome addition to the literature on elections. … Virtually everyone will be enlightened by the data thus assembled. Virtually every aspect of the past and present conduct of elections is covered with important original research … In many edited works the standard of contributions is uneven, but this is not the case with this volume. Not only is the range comprehensive – this reviewer cannot think of any aspect left uncovered – the contributions are well written and informative. … This volume is a solid scholarly account of where we have come from in electoral terms and will prove a very useful companion to those who teach and research in the area. - Australian Journal of Political History, Vol 48, 2002 07 The book’s appeal will be to the reader with at least a basic background in electoral politics, as well as students keen to flesh out the detail of particular themes in Australian electoral history. … Four broad themes are covered – the development of the electoral process in Australia; current issues with the process; the evolving role of the Australian Electoral Commission; and how Australia’s democratic institutions rate in an international context. The whole combines to leave the reader impressed with Australia’s role as a pioneer in the development of democracy and electoral machinery, more aware of some key issues, but concerned at the potential for interference in the system for partisan purposes. … Current issues dealt with include enfranchisement (for both voters and candidates), the payment of politicians, the funding of elections, voting systems, and types of voting systems. Two key issues, compulsory voting and the use of proportional representation are given their place as longstanding issues of contention. - Policy, Vol 18 (2), 2002 04 01 http://www.federationpress.com.au/images/book/sawer.jpg 01 The Federation Press 200109 The Federation Press IP 20 medium medium 02 39.95 9781862877795 03 03 9781862877795 15 9781862877795 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877795 A01 Michael Eburn Eburn, Michael Eburn 3 320 J 12 VF 12 Y 01 Emergency Law is an Australian text designed to give a clear insight into legal issues involved in planning for and responding to emergencies. It is a clear and concise account of the law that applies in a civil emergency and to the Australian emergency services as well as the rights and obligations of those who provide emergency care to the sick or injured, be they professionals, trained volunteers, neighbours or strangers who stop to help. Much of the text has been revised and expanded: The discussion on first aid and whether treatment can be given without consent has taken into account legislative provisions authorising ambulance and police officers to treat the mentally ill, and case law on the duties that ambulance officers still owe to a person who refuses their assistance. The overview on the emergency powers granted to the Australian emergency services has been reorganised to allow readers to find information relating to their type of service (ambulance, urban or rural fire or emergency service) in one place. The analysis of the need for emergency powers and the role of the Commonwealth in disaster response has been updated and expanded. Additionally, the discussion on the liability of the emergency services has been updated to take into account recent cases, in particular, litigation arising from the Canberra 2003 bushfires. There is also a detailed analysis of the effect of civil liability legislation on the ability of rescuers to recover if they are injured or traumatised in the course of their duties. The third edition updates the law with reference to new legislation and case law. There is also an extended discussion on the role of coroners and Royal Commissioners and an expanded discussion on the question of whether or not an emergency service organisation is vicariously liable for the actions of volunteers. 02 Emergency Law gives a clear insight into legal issues involved in planning for and responding to emergencies. It is concise account of the law that applies in a civil emergency and to the Australian emergency services as well as the rights and obligations of those who provide emergency care to the sick or injured, be they professionals, trained volunteers, neighbours or strangers who stop to help. 04 Foreword by Professor John Handmer Innovation Professor in Risk and Sustainability at RMIT University, Melbourne, Australia where he is head of the Centre for Risk and Community Safety. Legal principles First aid/ Prehospital care Fire fighting and rescue Ambulance, fire and emergency services Disaster planning and response Liability of emergency services Driving emergency vehicles Compensation for rescuers ConclusionAppendix 1 - Ready Reference: Powers of Emergency OfficersIndex 07 Reviews of previous editions: 07 As a handbook for those involved in planning for and responding to emergencies, the book sets out the law in a clear and concise way, as well as the rights and obligations of those who provide emergency care to the sick or injured, be they professionally trained volunteers or strangers who stop to help. … Emergency Law is an essential text for anyone entering the emergency services, be they paid or volunteer, and for students or even lawyers as a useful reference. The presentation is straightforward and easy to follow. - Law Institute Journal (Victoria), Vol 79(10), October 2005 07 This book tries to deal with people at the coal face, those who face emergency situations and do not have the opportunity of seeking Counsel’s advice as to what they should do, but act in haste, in the interests of saving lives. I again recommend this book to such people and would hope that as part of their training, they are urged to read it and are examined on its content because it really goes a long way to explain our legal system, and its attitude to “rescuers”. The book also spells out the various State Acts that control powers that are available in emergency situations. We hear at times, that a state of emergency or a state of disaster has been declared but by reading this book, we may learn just what this term means for us and for those who gain the right to exercise emergency powers in times of crisis etc. - BJM, Tasmanian Law Society Newsletter 07 Emergency Law is an essential text for anyone entering the emergency services. Our students are variously employed in the police force, ambulance, fire services, military and SES. We need to ensure they know their way around the law and not only that, that they have a reference for the future. - Valerie Ingham, Lecturer in Emergency Management, Charles Sturt University 07 ... reference and a guide to read from cover to cover. As a volunteer with the State Emergency Service, an employee of St John Ambulance and also a first aider, I found the book to be an interesting and informative read. … If you are a volunteer, manager of volunteers, or person looking for an introduction into this field, I recommend that you read ‘Emergency Law’. It is an easy yet comprehensive read and summarises the obligations, powers, and legal groundings for these, for volunteers in a straightforward manner. - Connexion (Volunteer Australia) June 2002 07 ... should be obligatory reading for emergency readers be they paid or volunteer. - Fire Australia 07 ... a collation of Australian emergency law which, rather than avoiding the curly questions, such as whether or not one is obliged to give aid and the consequences if one does, answers them conveniently and without flinching at all. - Brief (Law Society of WA) 07 It’s a delight to read a book which deals so clearly with important legal concepts such as consent, assault, trespass, duty of care, proximity, negligence, good faith actions, and liability exclusion clauses. The presentation is straightforward, easy to follow, and much helped by the use of examples to which readers can readily relate. Anyone working in the emergency field, be they professional or volunteer, will be able to grasp why it’s safe in Australia to be a reasonable rescuer. … Michael Eburn has done rather more than just meet the need to reassure those in the field. He covers legislation right around Australia and court decisions both here and abroad. That makes his book a useful reference for policy and law makers. - Hugh Selby, Law Society Journal 04 01 http://www.federationpress.com.au/images/book/9781862877795.jpg 01 The Federation Press 20100226 The Federation Press IP 21 medium medium 02 49.95 9781862874947 03 03 9781862874947 15 9781862874947 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874947 A01 Stella Tarakson Tarakson, Stella Tarakson 2 283 VS 12 LA 12 YH 12 Y 01 The law is often seen as something intimidating and remote - but it shouldn’t be. It exists to serve you. Everyday Law demystifies the law by examining the workings of the Australian legal system, as well as the many legal issues that impact our everyday lives. In this second edition, the material has naturally been thoroughly revised and updated. But it goes even further than that. New issues are constantly arising and this new edition reflects the evolving concerns of our community, such as personal privacy. And then there’s money. Recognising the importance of understanding our rights in the increasingly complex finance arena, a new Part has been added to the book. Everyday Law 2nd edition is divided into four parts: The workings of the legal system and how to access it; Personal matters, such as family law, children, employment law and health and safety; Property issues, including buying, renting and building a home, neighbourhood disputes, car ownership; and Money matters, providing an overview of investments, insurance, consumers’ rights, debt, wills and estate administration. This book is the first step in identifying and tackling legal problems. It helps you identify the relevant issues, then points the way for further information. 04 How to use this book Part I: Access to Justice The Legal World Going to Court Criminal Law Dealing with the government Part 2: Personal Matters Your family Children and the law Your job Your health and safety Part 3: Property Matters Your home Your neighbourhood Your car Part 4: Money Matters Your investments Insurance Consumer protection Wills and estates Acknowledgments/ Glossary/ Index 07 Tarakson introduces legal concepts in clear, easy-to-understand language to demystify the law and explain how the Australian legal system works in issues that affect our everyday lives. A must for the home bookshelf. - Scholastic, May 2005 04 01 http://www.federationpress.com.au/images/book/Tarakson2.jpg 02 The Federation Press 02 Victoria Law Foundation 20041027 The Federation Press IP 20 medium medium 02 29.95 9781876067052 03 03 9781876067052 15 9781876067052 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781876067052 1 B01 Chris Cunneen Cunneen, Chris Cunneen 2 B01 David Fraser Fraser, David Fraser 3 B01 Stephen A Tomsen Tomsen, Stephen A Tomsen 256 J 12 YH 12 Y 01 This book offers the first collection of essays dedicated to the issue of hate crimes in Australia. Contributions address crimes against Aborigines, members of Australia’s Arabic communities, Jews and lesbians and gay men. Through a systemic approach to explaining social and political marginalisation, they also look at histories of racism and neo-Nazi organisations in Australia, and the widening base of support and legitimation for hate crimes in the ‘symbolic violence’ of popular contemporary discourse about minorities and an imagined homogeneous community of white, Christian and heterosexual Australians. 04 Introduction: defining the issues Chris Cunneen, David Fraser, Stephen Tomsen Immigration, nationalism and anti-Asian racism Rob White Antisemitic hostility Irene Nemes Violence against Arab Australians David Fraser, Moha Melhem and Mirna Yacoub Sexual identity and victimhood in gay-hate murder trials Stephen Tomsen Sexuality and violence: questions of difference Gail Mason Hysteria and hate: the vilification of Aboriginal and Torres Strait Islander people Chris Cunneen Memory, murder and justice: holocaust denial and the "scholarship" of hate David Fraser Australia’s racist far-Right David Greason The legal response: dealing with hatred - a user’s guide Melinda Jones Index 04 01 http://www.federationpress.com.au/images/book/cunneenfaces.jpg Hawkins Press 01 The Federation Press 199709 The Federation Press IP 20 medium medium 02 27.50 9781862875098 03 03 9781862875098 15 9781862875098 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862875098 A01 Joan Kimm Kimm, Joan Kimm 224 J 12 JB 12 VF 12 YH 12 LX 12 Y 01 Why do Aboriginal women in Australia experience such high levels of violence in their own communities? In this considered and carefully researched book, Joan Kimm discusses the extent and nature of the violence, its underlying causes, current policies that deal with it, and changes that might improve these policies. Her work covers: the devastating legacy of European colonialism on Indigenous culture, modern anthropological evidence about patriarchy and violence in traditional Aboriginal societies, beliefs held by Aboriginals, particularly men, about their cultural heritage, the impact of cultural heritage upon modern Indigenous society, and changing judicial attitudes to sentencing Aboriginal men for violence to Aboriginal women, shifting from emphasis on the men’s cultural background to emphasis on the women’s rights as victims. Kimm shows how this multi-faceted environment, particularly the interaction of two patriarchal laws, has had, and continues to have, very real destructive effects on Aboriginal women. Kimm argues powerfully that Aboriginal women, like all women, like all humans, have the universal right to lives free of violence. She contends that current law, policy and practice place too much emphasis on their rights as Indigenous people and too little on their rights as women. A shift in emphasis will be an important first step to safer lives. 02 Why do Aboriginal women in Australia experience such high levels of violence in their own communities? In this considered and carefully researched book, Joan Kimm discusses the extent and nature of the violence, its underlying causes, current policies that deal with it, and changes that might improve these policies. 04 No safe places Community silence and denial A failure of the law The oppression of being “civilized” Violence to women in traditional society Moral violence The “promise”: customary law marriage Rape Different cosmologies Yolgnu and Balanda “What is truth?” Cultural disintegration and violence Reconciling rights in sentencing Is anybody listening? Notes/ Select Bibliography/ Table of Cases/ Index 07 Joan Kimm discusses the physical and sexual abuse of Aboriginal women and argues that they are now the victims of more violence than any other group in contemporary Australian society. She suggests that this is because they are caught between two patriarchal cultures and two laws, both of which regard women’s interests as secondary to those of men. … Her case studies are wide-ranging … Kimm’s examples clearly show that [courts’ taking account of Aboriginal customary law] is often disadvantageous for Aboriginal women who are caught between two patriarchal legal systems and cannot rely on getting justice from either. … The Law Reform Commission has long argued that in situations of doubt the human rights of Aboriginal women should prevail. There are signs that many Aboriginal people are coming around to this viewpoint and, as Kimm says, it is they who must make the decision to change. The hope for the future lies with Aboriginal women taking control and choosing the way forward. Clearly, there is also a need for greater cultural awareness on the part of the police and judicary. This book provides useful material for discussion of the issues and points the way forward to improve the situation for Aboriginal women. - Anthropological Forum 16(1), March 2006 07 Joan Kimm’s A fatal conjunction is a nuanced and rational analysis of a cultural conundrum – abuse of Aboriginal women by men and the inadequacy of western jurisprudence to address the root causes of the phenomenon. The text inter-weaves cultural understanding, historical realism and sound legal reasoning in a manner appealing to a wide audience. A Fatal Conjunction is a well researched, carefully documented and closely nuanced treatment of the physical abuse of Aboriginal women. The arguments are well anchored in contemporary scholarship and research. In addition, the short and well-written chapters will appeal to a wide audience. This, however, is also a weakness because informed readers will need more discussion of these important issues. This minor criticism aside, A fatal conjunction is essential reading for historians, lawyers and a general public interested in Aboriginal issues. - Reviews in Australian Studies No 1, March 2006 07 In a short and relatively easy to read book [Kimm], a non-Indigenous woman, has opened a particular and public window on the violence that has been, and continues to be, experienced by Indigenous women. … She firmly locates this violence within two key domains: a cultural domination of Indigenous men over Indigenous women, and a Western and patriarchal legal system that has perpetuated that domination. My own experience of these two domains is that they cannot be as simply reduced as Kimm proposes. … What I found helpful (and also quite dispiriting) in this book is its litany of legal tragedy. Kimm moves across the decades of recent history and different state and territory boundaries to demonstrate a consistent, even systematic, pattern of legal ignorance, insensitivity and incompetence in relation to Indigenous women. … Her book exposes, as it indicts, the Western legal system, especially as [largely] non-Indigenous men have administered it. It also discloses our inability, as non-Indigenous people, to seriously engage with, understand and respect the values that lie deeply within Indigenous society. The title of this book is powerfully suggestive. It points to the dire consequences that have resulted from the meeting of two laws and two cultures. However, by the end of the book we cannot more clearly identify the pathology of this violence than to conclude that its virulence comes from men, Indigenous and non-Indigenous. As a non-Indigenous male reader, I found the book disquieting and limiting, but also challenging.… - Brian McCoy, Eureka Street, December 2004 07 This is a terrifying book and so it should be. It opens a window that we prefer to keep closed; a window through which we can glimpse in horror at the extent and viciousness towards women within Aboriginal communities and families. Joan Kimm is meticulous and unflinching in setting out the routine patterns of traditional violence and abuse as dealt with by two sets of laws: traditional Aboriginal law and the law of the general population. … If these descriptions are not terrifying enough, Kimm demonstrates how Australian courts have often given more weight to a defence of cultural or traditional behavour than to the suffering of the woman. … While dispossession, alcohol abuse and poverty have all contributed to the plight of Aboriginal communities, Kimm demonstrates that violence against women is endemic and predates colonisation. She ends on a promising note that slowly the dimension of the problem is being recognised but, sadly, not fully addressed, especially by some men in the communities themselves. If, after reading this confronting book, a reader feels powerless to do anything to improve the plight of Aborginal women, the very least he or she could do is present a copy to state, territory and federal parliamentarians and keep asking why tolerate such a situation. Education is the most powerful tool available. - Ian Mathews, Unity, 17 September 2004 07 There is always a moral dilemma when writing about major problems inside minority cultures. How do you avoid joining the bigots who demonise minorities out of sheer prejudice? And how do you deal with problems experienced by minorities without sounding as though you are simply imposing a dubious set of values embraced by the majority? These are the issues which haunt Joan Kimm’s sensitive analysis of violence against women in Aboriginal communities. … By any conventional measure, this is a deeply distressing book. The violence against Aboriginal women as described is horrendous. It is not all alcohol-related. Some of it, Kimm explains, is rooted in the nature of Aboriginal society. Other aspects of violence are products of European settlement, the degradation of Aboriginal men and the consequences of disrupting a non-urban lifestyle and moving people into urban areas. This is not an easy book to read, but Kimm has been rigorous and fair. Anyone wanting to understand a problem,likely to become a divisive political football over the next decade should read this book. - Bruce Elder, Sydney Morning Herald, 8-9 January 2005 04 01 http://www.federationpress.com.au/images/book/Kimm.JPG 01 The Federation Press 20040630 The Federation Press IP 21 medium medium 02 29.95 9781862874701 03 03 9781862874701 15 9781862874701 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874701 1 A01 Ann Game Game, Ann Game 2 A01 Andrew Metcalfe Metcalfe, Andrew Metcalfe 128 JD 12 Y 12 VS 12 JB 01 This book aims to help students struggling with the transition from school or work to university. It explains how to enjoy university study, and how to transform even the difficult times into positive learning experiences. Most importantly it shows how enjoying the learning process leads to better results. With a Foreword by Professor Craig McInnis (University of Melbourne) and Professor Adrian Lee (University of New South Wales). In their words: "The key feature of The First Year Experience is not that is based on the experience of the authors alone, who have a long and successful record of teaching first year students well, but that it incorporates the view of real, living students at a large and sometimes bewildering university. We hear of their hopes, their disappointments, their moments of enlightenment and above all some of the approaches they have successfully negotiated to succeed in, overcome and enjoy their university experience." 04 Foreword by Professor Craig McInnis (University of Melbourne) and Professor Adrian Lee (University of New South Wales) Introduction Arriving Interest Procrastination Writing Reading Thinking Assessment Students Teachers Time Taking it easy Further reading 07 I learnt a thing or two that helped me understand my own first year experience, and even found some tips to help now. … The chapters on reading and essay writing are particularly helpful. Perhaps the most useful suggestion is that students should keep a regular journal during their time at uni in which to write about subjects, readings, rough plans for essays, and anything else they feel is relevant. The journal then becomes a personal record and a guide for study and personal growth. The main goal, then, is self-exploration … Those [first year students who buy the book] will find something to help them. Parents and teachers will also find The First Year Experience informative, as will anyone looking to improve their university experience. - Bullsheet (James Cook University Students Association newspaper), 8 March 2004 07 The authors focus on everyday campus life, using students’ testimonies to highlight and solve common problems, including the mother of all afflictions – procrastination. - Indigo Clarke, Cat 04/04, page 49 04 01 http://www.federationpress.com.au/images/book/GameMetcalfe.JPG 01 The Federation Press 200308 The Federation Press IP 20 medium medium 02 17.95 9781862876026 03 03 9781862876026 15 9781862876026 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876026 1 A01 Mary Crock Crock, Mary Crock 2 A01 Ben Saul Saul, Ben Saul 3 A01 Azadeh Dastyari Dastyari, Azadeh Dastyari 256 J 12 JB 12 L 12 YH 12 LX 12 Y 01 This book explores Australia’s ambivalent legal and political response to “irregular” migration, including the unplanned arrival of people variously known as asylum seekers, “boat people”, “illegals”, “queue jumpers” and “economic migrants”. Part 1 outlines how many people arrive, who they are, where they come from, and why they come. It also compares Australia’s experience of irregular migration to that of other countries, in light of the vast global movements of people and increasingly exploitative practices such as people smuggling and people trafficking. The core of the book addresses the complex system of refugee law and policy in Australia. It explains the legal definition of who is a “refugee” and the administrative and judicial procedures for applying this definition to determine refugee status. It traces the changes to law and policy since 2001 following the infamous Tampa affair, the introduction of the “Pacific Strategy”, and the extension to West Papuans in 2006 of the policy of interdicting, deflecting, and processing asylum seekers offshore on Nauru and Christmas Island. The final part of this book examines equally controversial laws and policies requiring the mandatory detention of unlawful non-citizens, including the key High Court decisions which confirmed the parliament’s power to detain a person indefinitely – and in breach of international human rights law. The living conditions in the detention centres and how Australia’s laws compare with other countries are also discussed. Future Seekers II builds on a shorter book by two of the authors in 2002. This book responds to the many changes to refugee and migration law between 2002 and 2006 and its deeper coverage of the issues reflects the growing sophistication of public understanding of – and concern about – refugee issues in Australia. 02 This book explores Australia’s ambivalent legal and political response to “irregular” migration, including the unplanned arrival of people variously known as asylum seekers, “boat people”, “illegals”, “queue jumpers” and “economic migrants”. 04 Part 1 - An Overview of Asylum Seekers, Refugees and Irregular Migration in Australia Immigration, Refugees and Australian Nationhood Compassion and Common Sense: Refugees and Immigration Control The Essence of Control: Australia’s Experience of Irregular Migration and Asylum Seekers People Smuggling and People Trafficking Part 2 - Asylum and Refugee Status Seeking Asylum: Refugee Status Determination Procedures Who is a Refugee? The Refugee Definition and "Protection" Protecting Australia: Border Control and the Deflection of Asylum Seekers Refugee Outcomes: Temporary Protection, Permanent Settlement and Removal or Return Part 3 - Immigration Detention Enforcing Australia’s Immigration Laws: Arrest, Detention and Removal Australia’s Mandatory Detention Regime: The Legal Issues Mandatory Detention: Conditions of Detention World's Best Practice: Asylum in Other Countries Part 4 - Conclusion Imagining the Future: Control and Compassion Index 07 Future Seekers II is the ideal book for the concerned citizen wanting to know if Australia now strikes the right balance between compassion and national interest in our treatment of asylum seekers arriving without visas. Like its predecessor Future Seekers, this book is user friendly with chapter summaries of key points and statistics which put Australia’s concerns and responsibilities in a global context. Written by legal academics able to communicate with a broad public, this book provides a comprehensive, reliable over­view of Australian law and policy. - Fr Frank Brennan SJ AO 07 Future Seekers II cuts through the media hysteria to present the facts. Facts that will surprise many readers. Who are the refugees? How many of them are there? What are Australia’s obligations under the relevant international conventions? What has been the effect of the radical new immigration laws introduced since Tampa? What has it cost Australia, both in financial and moral terms? Where do we go now? The authors of the book are legal academics and, as the title implies, this is their second work on the subject. It goes into more depth than the first – providing a detailed history of the ‘irregular migration’ into Australia since the 1970s, and analysis of the legislation and case law governing every aspect of the asylum seeker process – from entry into the country to final appeal before the High Court and beyond. However the text has been made user-friendly with chapter summaries of key points, break-out boxes with heartbreaking personal testimony from the refugees and a clean direct style. The authors, for the most part, avoid moralising and simply state the facts – and this is the strength of the book. The facts are so strong they leap off the page. … - Civil Liberty, September 2006 07 ... recommended for reading by every Australian Future Seekers II is a book that every Australian could, and probably should, read in order to make sense of the complex, but very human, topic of the law affecting asylum seekers and refugees. Developing an informed understanding is sometimes due to media hype and political rhetoric … This text is therefore a valuable resource, providing a comprehensive overview of Australia’s response to refugees, asylum seekers and irregular migration. This is not to say that the text is a dispassionate and dry account of the key cases, legislation and government policy. It is immediately apparent that the authors are not supportive of recent government policy that is described variously as unconscionable, harsh and punitive. They unflinchingly document the problems and negative impact these policies have created on those seeking asylum and on the Australian community at large. However this does not detract from the careful analysis of the relevant statistical information, case law, legislation and government policy. The authors are well qualified to tackle the topic. All three come from different universities, with a large body of published works on refugee issues, and all actively involved in a wide range of human rights and international law organisations. … Some of the most interesting topics are covered in Part 3, in which the authors review some of the world’s best practice examples in handling asylum seekers. They note how other countries, while shouldering a far greater burden in terms of numbers of asylum seekers, use a wider definition of “refugee” than Australia, and manage their obligations without recourse to mandatory detention. - Australian Law Librarian, Vol 15 No 1, 2007 04 01 http://www.federationpress.com.au/images/book/CrockFutSeekers.jpg 01 The Federation Press 20060623 The Federation Press IP 20 medium medium 02 49.95 9781862876286 03 03 9781862876286 15 9781862876286 BB Lives of Australian Chief Justices Series http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876286 A01 J M Bennett Bennett, J M Dr Bennett 300 C 12 CV 12 LX 12 HB 12 Y 01 George Higinbotham’s extreme and uncompromising radical views and mesmerizing oratory have made him an iconic figure in Victoria’s colonial history – the darling of the liberals and the left. John Bennett has written a major re-assessment of this giant who was a dominating figure from the 1850s until his death in 1892. Higinbotham was successively a gold digger who found no gold; a barrister who found few briefs; a crusading editor of Melbourne’s Argus; an independent member of Parliament who opposed political parties and ferociously attacked the “squatter” dominated Legislative Council and the Colonial Office; an overtly democratic Attorney-General who advocated government without supply; and Chief Justice of Victoria when his political dreams all foundered. Yet he drew others to him as a Pied Piper. He was a mass of contradictions. Extraordinarily charitable to beggars, he treated his family miserably. A failure in achievement, he retained an enormous popularity which has endured for over a century. 02 This biography of George Higinbotham, third Chief Justice of Victoria, is the 11th volume in the acclaimed series by eminent legal historian Dr Bennett. 04 Foreword by Professor Geoffrey Blainey AC Acknowledgements List of Illustrations “Dramatis Personae” “School Life in Those Days was a Rough One” “Higinbotham is a Most Estimable Man, But …” “His Short Experience in the House” Attorney-General 1863-1868 “Absolute Political Equality to All” “The Destiny of Our Colonies is Independence” Puisne Judge 1880-1886 Chief Justice 1886-1892 Toy v. Musgrove (1888) “Her Majesty’s Chief Magistrate in Victoria” “Perplexed by Paradox, Stunned by Contradictions” Abbreviations/ Notes/ Index 07 In the eyes of his admirers, living or dead, Higinbotham was a giant. … This impressive book is the first attempt to see behind the statue [of] this cult-figure. … it [is] laced with insights into Australia’s political history and thought. On Higinbotham’s hyperactive mind and unusual blend of views, the book is fascinating. … John Bennett’s book represents massive research: … The book is the first to study Higinbotham from the vantage point of an observer rather than that of a disciple. It is also the first to meet him on his home ground, the law, and also among the first to glance inside his family life - Professor Geoffrey Blainey, AC 07 This volume ... continues the high standards of scholarly research and judgment to which [Bennetts'] series has accustomed us. - Law Institute Journal of Victoria, July 2007 04 01 http://www.federationpress.com.au/images/book/Higinbotham.jpg 01 The Federation Press 20070220 The Federation Press IP 20 medium medium 02 49.50 9781862871717 03 03 9781862871717 15 9781862871717 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862871717 A01 Denise Roberts Roberts, Denise Roberts 120 AT 12 A 12 LX 12 Y 01 Many have the desire to act but few know about the ‘business’ of acting. In Get Your Act Together, professional actor Denise Roberts tells you all about how to organise your acting career, from training and auditions, to getting an agent and publicity. She shares her experiences to help aspiring actors and extras save time, money and disappointment on the road to success. 04 So you want to be an actor! You and your training You and your agent You and your biography You and your photographs You and your presentation You and the casting consultant You and the audition You and the job You and the script You and publicity So your child wants to be an actor So you want to be an extra Act now! Further reading/ Index 04 01 http://www.federationpress.com.au/images/book/roberts.JPG 01 The Federation Press 199507 The Federation Press IP 21 medium medium 02 16.95 9781862873384 03 03 9781862873384 15 9781862873384 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873384 A01 Anna Carr Carr, Anna Carr 268 RN 12 J 12 JP 12 Y 01 The ecological alarm has sounded, and rural community groups world-wide have responded with determination and creativity to local environmental crises. Once grass roots and peripheral, these voluntary organisations are becoming increasingly central to sustaining our environment. Governments are increasingly adopting policies that devolve their economic and environmental responsibilities, placing pressure on environmental stewardship groups to assume responsibility for their local environment. Grass Roots and Green Tape is a ground-breaking work investigating community-based environmental stewardship. It explores the dynamics within these groups, and how these groups interact with government. Readers will find valuable information on how rural environmental groups work: how a group forms what keeps it motivated what features of group dynamics contribute to on-ground change what hinders the group process what type of changes rural environmental groups are likely to make and on environmenal groups' relations with government: the extent to which stewardship groups are used by states to implement sustainable development policies what forms of government support are needed to enable communities to care for their environments what governments understand about group process. Dr Carr presents the experiences of three Australian stewardship groups, each in different localities, environmental issues, people and mangement styles. These are framed by international examples from developed nations, and analysis of trends around the world. Dr Carr focuses on the point of contact between stewardship groups and government agencies with the aim of enhancing the relationship between bottom-up and top-down stewardship/management styles. She identifies the principles and conditions under which groups can actively contribute. Her concise analysis and friendly style makes Grass Roots and Green Tape a must read for members of community environmental stewardship groups, those developing and implementing policy at all levels, students and teachers of environment related subjects. It will also appeal to the global citizen, the layperson or anyone interested in finding out, making sense and taking action on environmental stewardship. 04 Preface/ Acknowledgements Introduction Towards a common language Stewardship Groups: in profile Community Groups: in practice Red Tape or Green: government involvement in environmental stewardship Principles of community involvement Bottom-up meets top-down: working toward middle-ground environmental stewardship References / Index 07 "[A] must read for community environmental groups, those implementing and developing policy at all levels and anyone interested in environmental activity." - The Daily Planet (The Tasmanian Greens newsletter), April-July 2003 07 "Provides insights and a degree of analysis that will be useful for people in both communities and government working in landcare and other environmental management groups. … This is a book about the practice of environmental stewardship at the grass roots level, and it investigates this practice mainly at the personal level of those who participate. It seems certain to me that the notion of 'stewardship' is something that will ultimately be too important to leave to personal interpretation,and that society will influence it through legislation such as 'duty of care' or, as Carr puts it, 'a state-sanctioned vision of sustainability'. For me, the challenge still remains to to integrate the 'richness' and diversity of the personal and social information documented and analysed by rural sociologists, with the 'rationalism' of the resource policy economist concerned with the efficient allocation of scarce resources. Insights from data collected by rural sociologists ultimately influence the ability of the latter to be achieved, and as such I would recommend this book to economists." - Australian Journal of Agricultural and Resource Economics, Vol 47 No 2, June 2003 07 "A ground-breaking work investigating community-based environmental stewardship and the role that voluntary organisations play in environmental reform across rural Australia. It is relevant to any individual or organisation working with local communities to achieve environmental outcomes." - Watershed e-newsletter, 5 December 2001 07 "Chapter 4 examines the practice of community-based stewardship. From my perspective, this fourth chapter is perhaps the most valuable, since it provides very good guidance on group formation and operation with realistic examples of what worked and what did not for the different groups. It emphasises the individual circumstances of each setting - social and biophysical - and the need for individual solutions in each case. Circumstances and solutions will change over time, too, so there can be no one-size-fits-all approach. Importantly groups valued their activities not simply for the products they generated but for the social and cultural rewards of the processes involved. … [This book] includes some very useful material. Anyone wanting to establish a community group to deal with environmental stewardship issues, or seeking ways to assist an existing group, will find it a valuable guide to processes and pitfalls." - Australian Journal of Environmental Management, Vol 9, September 2002 07 "This is a very personal work … From the dedication, through the preface and acknowledgements, through all chapters, this is Anna Carr's book - her journey through life, her conviction and hope for the future. … This book draws on her research for her PhD but presents it in a very different format. Starting with an introduction, the book contains chapters on; language issues (defining, describing, and decrying disciplinary elitist jargon; who constitutes members of what Carr describes as stewardship groups; the role of government in environmental management; the principles of community involvement; and, finally, on top-down versus bottom-up approaches to sustainability. This last chapter (which is rather analytical) argues that neither type of approach is by itself sufficient for sustainability - it attempts to create something of a middle ground: "bottom-up meets top-down". The book is a case study of three types of stewardship group … the Downside Landcare group in the neighbourhood of Wagga (NSW) which formed primarily to combat salinity; the Water Watchers group based in the Serpentine Jarrahdale Shire south of Perth in WA, which initially sought to show that algae blooms were not due to phosphorus run-off from farms; and the Mitchell River group in Far North Queensland which was initiated to help manage the catchment. … While it is not a practical how-to-do-it manual, community group representatives and facilitators are likely to be intrigued by the common experiences that they recognise. It is not written in academic style but its utilisation of interview and case study enables it to address the key issues … ." - Rural Society, Vol 12 No 1, 2002 04 01 http://www.federationpress.com.au/images/book/carr.JPG 01 The Federation Press 200112 The Federation Press IP 20 medium medium 02 33.00 9781862873407 03 03 9781862873407 15 9781862873407 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873407 1 A01 Regina Graycar Graycar, Regina Graycar 2 A01 Jenny Morgan Morgan, Jenny Morgan 2 512 LA 12 L 12 LX 12 J 12 Y 01 Graycar and Morgan examine the links between law and women's lives and in so doing, unites both theory and practice in a book which has won acclaim around the world. This second edition continues the immense detail and intellectual rigour of the first, and includes proposals for a reconstruction of the law to make it more responsive to women's lives. 04 Introduction Part One: Recurrent Theoretical Themes The Public/Private Dichotomy Gender (In)Equality Methodologies and Epistemologies Part Two: Women and Economic (In)dependence Work in Families Out to Work Part Three: Women and Connection Constructing Relationships Controlling Reproductive Bodies Losing Children Part 4: Gendered Harms Violence: An Introduction Invading Women's Bodies Sexual Harassment and Pornography Part 5: An Agenda for Gender? Legal Strategies and Social Change Table of Cases/ Table of Statutes/ Index 07 This book shatters traditional legal discourse by breaking down the doctrinal framework which underpins the gendered nature of law. … Graycar and Morgan proffer a new analytical framework through a presentation of feminist legal theory as something which can be appropriately adapted to change with the times. In other words, it is not a static framework. … The authors have collated a formidable array of primary and secondary material that exposes the gendered nature of traditional legal theory and the boundaries and barriers imposed by this traditional approach to the law. This book is an attempt to break down these barriers. This book is an excellent starting point for students, academics and practitioners alike. The text is well written. The message is confronting for the establishment and is both thoughtful and thought-provoking. The reader is not given one particular point of view, rather they are left to make up their own mind. A must read for those students, academics and practitioners not afraid to challenge their beliefs and assumptions. - Melanie Jose. Ethos (ACT Law Society), Dec 2004 07 Graycar and Morgan pose fundamental questions as to the impact of the law on women and their participation in society. They are questions to which every lawyer should attempt an answer. Many of the questions do not permit a single correct answer, but an understanding of the problems posed by Graycar and Morgan is a most important step along the road to equal justice for women and, ultimately, to equal justice for all. - Justice Mary Gaudron, High Court of Australia, from the Foreword 07 This innovative book starts from the premise that women's lives are central to the operation of law and that legal categories and legal doctrines have been developed in such a way that women have been disadvantaged. While the book's authors are Australian and it draws extensively on Australian examples, it has much to say to anyone seeking to use the law to pursue equality and eradicate disadvantage, in Canada and elsewhere. The Hidden Gender of Law makes a wonderful contribution to reconceptualising law in the twenty-first century. - The Hon Madame Justice Claire L'Heureux-Dubé, Supreme Court of Canada 07 In this challenging but very interesting book … the level of scholarship and analysis on the part of Graycar and Morgan is very high. Their method is to identify the issue, then review and explain the differences between those on opposites sides of the debate as well as the differences between those who are essentially on the same side but still hold significantly different views. The authors then raise questions of their own for the reader to think about. Their intention is not necessarily to have the reader answer the question and solve the problem, but rather to realise the nature of the problem and think about possible solutions. I mention some topics which caught my attention in particular: Gender (in)equality – Is reverse discrimination fair? At what stage does it become unfair? Who gets what in the post-separation assets split; The common law’s labelling of domestic work in the home as non-economic and its consequent failure to compensate injured female plaintiffs for their inability to work in the home by an award of damages for economic loss (as distinct from damages for ‘loss of amenity of life’); The ongoing debate as to the measure of damages in the undiagnosed pregnancy or wrongful birth cases; The notion of foetal rights; An exploration and analysis of the rules of evidence and how they affect the course of cross-examination in rape and sexual assault trials; and Whether tort law or discrimination law works better for victims of sexual harassment in the workplace. Overall verdict: the challenge of this book is well worthwhile; strongly recommended. - Balance (Law Society NT), August 2002 07 Regina Graycar and Jenny Morgan's second edition shows that the law today continues to hide a plethora of gender issues. … The contents are an easy-to-use look-up guide covering sub-topics as diverse as women's unpaid work, nervous shock, abortion, breast implant surgery, child custody, violence against women and pornography. It is a helpful guide for academics, lawyers and students. Each topic is discussed within the context of current Australian statistics and attitudes. … For each topic, one-to-three page excerpts from cases are provided followed by a 'notes' section which provides further information and case references. This section also includes a summary of related theoretical arguments, and poses questions for debate and discussion. Academic theories are often analysed … For the academically inclined, the introductory chapters provide a summary of recurring theoretical themes such as the public/private dichotomy, gender (in)equality and methodologies and epistemologies. The final chapter looks at the ways in which people have attempted to engage with the law to bring about progress and equality. - Law Institute Jnl (Vic), September 2002 07 This is a good book. For anyone with questions about feminism, or about law, or the seductive power of rhetoric and doctrine, this book has value. The reader who approaches this book with questions, will finish it with still more questions: better questions, harder questions. As a place to start, it offers a rigorous introduction. For readers already experienced in the literature or practices of law, the book offers a space for critical reflection. … The second edition is an almost entirely new text having been revised, updated and re-written. It maintains the structure of the first edition often reflecting changes that have made this new edition necessary. - Sydney Law Review, Vol 24, 2002 07 ... I am using your new edition to teach Women and the Law at Auckland next year. It is really excellent. Thanks so much for writing such a nuanced, complex and thoughtful overview. - Julia Tolmie, Senior Lecturer in Law, University of Auckland, 2003 07 This is a great work, accessible and exciting. The new edition is fabulous and I look forward to using it in class. - Mary Heath, Flinders University of SA, 2003 04 01 http://www.federationpress.com.au/images/book/GraycarMorgan2.jpg 01 The Federation Press 200203 The Federation Press IP 20 medium medium 02 66.00 9781862874398 03 03 9781862874398 15 9781862874398 BB Institute of Criminology, Sydney, Monograph Series http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874398 A01 G D Woods Woods, G D Woods 480 HB 12 LX 12 L 12 Y 01 New South Wales is that rare political creation, a state founded for and upon the criminal law. The history of its criminal law from settlement to Federation is uniquely fascinating. Drawing on his range of experience as a university scholar, a criminal law QC and a judge, the author explains how Britain's criminal laws were established and developed in its (arguably) most successful colony. There are three themes: the horror and savagery of the criminal law transported to Australia and imposed there; the constitutional importance of basic criminal law rules requiring certainty of proof; the corrupt but necessary role of mercy in the administration of the law. There are several genuinely remarkable features of this book. One is that the author draws upon a vast body of material recently brought to light by Bruce Kercher in his massive disinterment of early colonial case law, to explain in detail the actual working of the New South Wales criminal courts. Another is that the core of the book is an analysis of New South Wales parliamentary debates between 1871 and 1883 on criminal law, illuminating the history of the law (and its future). Yet the most remarkable thing of all about this book is its rarity. In the many places where the British Empire imposed its laws, there are hundreds of universities and centres of legal study. Histories of the criminal law, or studies which can be so described, are rare or invisible. This admirable study will become a classic in its field, required reading by legal scholars, historians of colony and empire, and by astute legal practitioners making arguments for contemporary submissions or judgments. 04 Foreword by Justice Mary Gaudron, High Court of Australia Acknowledgments/ Preface/ Abbreviations/ Notes on Citations of Statutes; Geography; and Conversions Savagery, principle and mercy in the criminal law Imposition and inheritance: The transportation of English criminal law to New South Wales Criminal law in a penal settlement Criminal law and Governor Macquarie: Right and wrong, cheek by jowl Crimes of the pen; and an experiment Struggling from chains: Juries, the lash and natives Making trials work: The other William Blackstone English reforms adopted: Retreat of the death penalty The colony legislates on crime The insanity defence: McNaghten and Knatchbull The end of transportation, 1849 Sir John Jervis: Lower court reforms of 1850 The Gold Rushes: Temporary problems for criminal law Outlaws and urchins "A most irregular traffic": Slaving cases in New South Wales courts The Mad Fenian: Criminal process under pressure The first Law Reform Commission and its 1871 Report Edward Butler and the Reform Bill: "Untoward circumstances" J G L Innes and the Reform Bill: A second failure W B Dalley and the Reform Bill: Yet another failure The larrikin residuum, 1881 The 1882 debate: "Serving their term" The Great Bill passes: 1883 The light that failed: Mandatory sentencing repealed Enter, the accused The accused as witness: The "comment" issue Doctor Malthus and the baby farmers George Dean and friends Tidying up in 1900 Epilogue Bibliography/ Index of Cases/ Index of Statutes/ Index of Subjects/ Index of Names 07 This present history is the product of scholarship of the highest order and of extensive original research. It is replete with erudition and is a delight to read. It is a work from which even the most learned historian will acquire new knowledge, whilst for the general reader every page is a source of constant enlightenment and satisfaction. In fascinating detail, the author … traces three inter-connecting themes which have been basic to the administration of … criminal justice in New South Wales: early savagery; the inheritance, adoption or development of important legal principles; and mercy. For the general reader, the first and third of these themes will attract the greatest attention, whilst for the historian and the lawyer it is the second which offers the greatest benefit and information. … Not least among the benefits of this book are the extremely informative and often entertaining character sketches of many of the … members of the legal profession and the colonial legislature in an era when the law was practised and politics conducted in New South Wales with an often unrestrained vigour and robustness … - Descent (Aust. Genealogical Society), Vol 34 No 2, June 2004 07 The bulk of the book is about the working out and application of legal principles, frequently enlivened with detail from leading cases and, in the latter parts of the book, extensive parliamentary debates over the amendment of the criminal law. … [The author's] accounts make important reading – Woods on the fate of mandatory sentencing provisions in late 19th century New South Wales is a cautionary tale for aspirant populist legislators in 21st century Australia. … Woods’ subject is equally a narrative of the circumstances of the times. Cases rather than patterns of behaviour are his central concern. He is mindful, however, of the symbolic functions of the law and law-making, including those moments of legislators’ panic when the parliament is used as much to send messages to the constituents as to effect a change in the circumstances of society. When the law-makers legislated to revive flogging to deal with the larrikin menace in 1883, did they really imagine that it would turn out to be anything other than a dead letter (342-5)? Woods has a sharp eye for such detail and his history is as much a part of the political history of the colony as of its legal institutions. … Historians will find illuminating the perspective of a lawyer on the technicalities of trials and other aspects of criminal procedure, particularly as these were modified in Australian conditions. … A History of Criminal Law in New South Wales will become a standard reference … - Australian Historical Studies, Vol 122, 2003 07 …provides a fascinating insight into the early times of New South Wales. …This book has taken me several nights to read because it is, to put it simply, compelling reading to anyone who loves the history of the law and wishes to gain a greater understanding of its development. - Tasmanian Law Society Newsletter, November 2003 07 This is a wide-ranging volume and the personalities who filter through its pages are an eclectic lot, ranging from Bligh and Macarthur and their ilk, through to the early judges Stephen and Forbes, right up to the criminal baby farmers, the Makins, and their backyard which became a graveyard for the infants they murdered. ... This is an interesting and readable work and well worth pursuing. - Law Institute Journal Victoria, July 2003 07 It is heartening to see a major undertaking well-executed. … The author tracks the influence of British law on the colony (to 1900). The focus on criminal law is necessary to keep the topic both accessible to the general reader and within readable bounds for specialists. Having said that it is a fully comprehensive, if not definitive, work on the subject, covering all major developments. The author keeps his eye firmly on the thesis of the book … and rewards his reader because of it. - Journal of the Royal Australian Historical Society, Vol 89 Part 1, June 2003 07 This is a very impressive piece of original research. It is scholarly yet informed by Dr Woods’ legal practice as a barrister and judge. All Australian lawyers who are interested in the development of their profession should read this book. … The author … has a great knowledge of relevant laws and of reported case decisions in NSW. He is also very familiar with relevant parliamentary debates and the divergent opinions of contemporary lawyers, judges and politicians. Yet to a professional historian, … [his] awareness of the economic and social context of criminal law appears limited. Considerations of justice and punishment cannot really be so divorced from total reality. … It would be fair to criticise a historian in such terms. Woods’ brief is not so all-embracing and no general historian would be competent to cover the legal ground adequately. He is to be congratulated on a great book – one of lasting value. - Civil Liberty, June 2003 07 Woods uses notable cases and characters to illustrate the influences that shaped the laws and the system that imposed them. ... The brutality of the convict era with mass executions in front of the Old Sydney Gaol in George St is a chilling reminder of the not-so-distant past. So too is the discussion of 'baby farming', the horrendous practice of "concealed infanticide where desperate parents allowed … 'child carers' to dispose of unwanted children. ... The book does much to explain the challenges faced by lawmakers and law enforcers. Woods' extensive use of footnotes and extracts from newspapers of the day provides an accessible text to those afraid of 'legalese'. - Newcastle Herald, 19 April 2003 04 01 http://www.federationpress.com.au/images/book/9781862874398.JPG 01 The Federation Press 200211 The Federation Press IP 20 medium medium 02 69.50 9781876067045 03 03 9781876067045 15 9781876067045 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781876067045 1 B01 Gail Mason Mason, Gail Mason 2 B01 Stephen A Tomsen Tomsen, Stephen A Tomsen 160 J 12 YH 12 Y 01 This book originates from the Australian Institute of Criminology. The common thread running through it is not just the problem of violence, but the concept of homophobia - the disapproval of homosexual desire and an animosity to homosexual identities, politics and lifestyles. There are chapters on the differential impact of harassment and violence on young people, on gay men and on lesbians; on police responses to this violence in South Australia and New South Wales; on the constructed deviant status of homosexual homicide victims; on criminology's description of lesbians and gay men as deviants marked out from heterosexuals; on HIV-related violence and its impact on victims; and a detailed analysis of the relevant law throughout Australia. "Gay, lesbian and transgender communities in Australia continue to be disproportionately and unacceptably the victims of high, perhaps even increasing levels of violence. Moreover that violence is perpetrated against them for no other reason than that of their sexuality. ... We know that gay men are four times more likely to be the victims of assault, and lesbians six times more likely, than other men and women. ... There must be wider acceptance that the level of continuing violence against this group of our fellow Australians constitutes a national disgrace which cannot be tolerated. Homophobic Violence will serve to focus attention upon an issue too long ignored and too often concealed."Chris Puplick, former President, Anti-Discrimination Board of New South Wales 04 Foreword Chris Puplick Introduction Stephen Tomsen and Gail Mason Don't Frighten the Horses!A systematic perspective on violence against lesbians and gay men Carole Ruthchild Heterosexed Violence: Typicality and ambiguity Gail Mason Was Lombroso a Queer?Criminology, criminal justice and the heterosexual imaginary Stephen Tomsen The Gay (?) Victim on Trial:Discourses of sexual division in the courtroom Allen George The Messages of Subordination contained in Anti-discrimination Statutes Anna Chapman Violence and HIV/AIDS:Exploring the link between homophobic violence and HIV/AIDS as a 'gay disease' Rick Sarre and Stephen Tomsen Violence against Homeless Young Lesbians Jude Irwin, Mel Gregoric and Barbel Winter Anti-lesbian/gay Violence in Schools Jacqui Griffin Putting Police on Notice: A South Australian case study Barbara Baird Hate Crimes against Gays and Lesbians: The New South Wales Police response Sue Thomson Index 04 01 http://www.federationpress.com.au/images/book/homo.jpg Hawkins Press 01 The Federation Press 199703 The Federation Press IP 21 low medium 02 27.50 9781862873063 03 03 9781862873063 15 9781862873063 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873063 B01 David Kinley Kinley, David Kinley 400 LX 12 Y 01 This book details the impact, and potential impact, of human rights law in the major areas of Australian legal practice – criminal law, administrative law, constitutional law, immigration law, family law, labour law, environmental law, etc. It also includes chapters on researching human rights laws and using them in litigation. 04 The legal dimension of human rights D Kinley The role of the judiciary in the development of human rights in Australian law Sir Anthony Mason Constitutional law and human rights S Gageler and A Glass Administrative law and human rights J McMillan and N Williams Indigenous Australian peoples and human rights J Neilson and G Martin Criminal law and human rights S Bronitt and M Ayres Immigration law and human rights M Crock and P Mathews Family law and human rights J Behrens and P Tahmindjis Labour law and human rights T MacDermott Environmental law and human rights N Brunton Information technology law and human rights C Arup and G Tucker Health law and human rights I Freckelton and B Loff Anti-discrimination laws in Australia P Bailey and A Devereux Using human rights laws in litigation K Eastman and C Ronalds Human rights research and electronic resources M Bliss and S Roushan Table of Statutes/ Table of Cases/ Index 07 This book chronicles nothing less than a legal revolution. Every chapter records the growing impact of international human rights law on Australian law. ... It demonstrates, in a way that even sceptics cannot ignore, that human rights law is now permeating the nooks and crannies of Australian substantive and procedural law. ...The special value of this book is that it demonstrates this fact in a multitude of practical instances where courts and tribunals, faced with difficult decisions, have looked beyond the hitherto orthodox sources of legal reasoning ... Scarcely a week goes by in a sittings of the High Court of Australia that a case does not involve, in some way or other, an international treaty to which Australia is a party or values that find reflection in the principles of international law. ...The most striking feature of these essays is that they demonstrate beyond argument what a practical subject the study of human rights jurisprudence is now becoming for the judge and lawyer in Australia. - The Hon Justice Michael Kirby AC CMG, High Court of Australia, from the Foreword 04 01 http://www.federationpress.com.au/images/book/Kinley.JPG 01 The Federation Press 199810 The Federation Press IP 20 medium medium 02 66.00 9780864694201 03 03 9780864694201 15 9780864694201 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780864694201 B01 Judith Dell Panny Dell Panny, Judith Dell Panny 192 J 12 C 12 Y 01 First published in New Zealand in 1992, and subsequently by George Braziller, New York, I Have What I Gave offers insight into Janet Frame's fiction. Janet Frame found the first edition to be "the result of extensive reading and scholarship...I thank Judith Dell Panny for noting that, far from being a random explosion or outburst, my books are the results of 'patterning and purpose" (Michael King, Wrestling with the Angel). "The new edition recentres and reorganises the previous material in a way that makes it even clearer and most enjoyable to read. Though familiar with the whole corpus of Frame's criticism and well-versed in recent literary theories, Dell Panny carefully eschews critical jargon. A most valuable tool to specialist, I Have What I Gave will also prove an illuminating guide to all those trying to find their way through the complexity of Janet Frame's fiction."Professor Jeanne Delbaere 04 Introduction Living in the maniototo Owls do cry Faces in the water The edge of the alphabet "Snowman, Snowman" Scented gardens for the blind The adaptable man A state of siege The rainbirds Intensive care Daughter buffalo The carpathians Conclusion Bibliography/ Index 04 01 http://www.federationpress.com.au/images/book/DellPanny.JPG 01 Dunmore (NZ) 200201 The Federation Press IP 20 medium medium 02 35.00 9781862872585 03 03 9781862872585 15 9781862872585 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862872585 1 A01 Ian Burnley Burnley, Ian Burnley 2 A01 Peter Murphy Murphy, Peter Murphy 3 A01 Robert Fagan Fagan, Robert Fagan 176 RP 12 JB 12 RN 12 Y 04 Introduction Population growth, household formation and suburbanisation Where immigrants live Urban infrastructure and planning Housing demand and house prices Urban environment Urban labour markets Regional development Conclusion Index 07 Immigration and Australian Cities … analyses the impact of immigration in large urban centres particularly Sydney and Melbourne. … covers a number of themes such as spatial location of immigrants, impacts of immigration on housing, infrastructure, urban environment, regional development and urban labour markets. … Overall, the book provides a good review of issues relating to immigration and cities. I would recommend this book not only to those interested in being better informed about the immigration debate, but to those as well who are keen to understand the major urban issues facing Australia. …[it] will be of particular interest to planners, geographers, demographers, housing specialists, developers and last but not least immigrants themselves. - Urban Policy Research 04 01 http://www.federationpress.com.au/images/book/immigrat.jpg 01 The Federation Press 199708 The Federation Press IP 20 medium medium 02 32.94 9781862872592 03 03 9781862872592 15 9781862872592 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862872592 B01 Sarah Pritchard Pritchard, Sarah Pritchard 256 J 12 JB 12 LX 12 YH 12 Y 01 Dr Julian Burger, Indigenous Peoples Program, Office of the UN High Commissioner for Human Rights says: Sarah Pritchard makes a welcome and practical contribution to the upholding of human rights. Her book brings together articles by the world’s leading authorities... Congratulations ... for providing Aboriginal people and other interested individuals and organisations with this hands-on guide to the United Nations and human rights. 04 Introduction The significance of international law Sarah Pritchard Linking international standards with contemporary concerns of Aboriginal and Torres Strait Islander peoples Mick Dodson The UN Charter-based human rights system The UN Charter-based human rights system: an overview Garth Nettheim Working Group on Indigenous Populations: mandate, standard-setting activities and future perspectives Sarah Pritchard The UN treaty-based human rights system and individual complaints The UN treaty-based human rights system: an overview Hilary Charlesworth Individual complaints: an overview and admissibility requirements Hilary Charlesworth Individual complaints: historical perspectives and the International Covenant on Economic, Social and Cultural Rights Philip Alston Individual communications under the Optional Protocol to the International Covenant on Civil and Political Rights Elizabeth Evatt Individual communications: the Convention against Torture and the Convention on the Elimination of All Forms of Racial Discrimination Michael O’Flaherty The UN treaty-based human rights system and periodic reporting Periodic reporting: the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child Philip Alston Periodic reporting: the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination against Women Elizabeth Evatt The Committee on the Elimination of Racial Discrimination:non-governmental input and the early warning and urgent procedure Michael O’Flaherty Indigenous peoples and some relevant human rights standards Substantive provisions of the International Convention on the Elimination of All Forms of Racial Discrimination Michael O’Flaherty The International Covenant on Civil and Political Rights and Indigenous peoples Sarah Pritchard Select bibliography Appendices Model communication Example of Secretariat reply to an individual communication Extract from Rules of Procedure of the Human Rights Committee Extract from Rules of Procedure of the Committee against Torture Extract from Rules of Procedure of the Committee on the Elimination of Racial Discrimination 07 This resource discusses the international forces which shape legal and moral obligations of governments and people. Indigenous issues are dealt with clearly and concisely. Invaluable for international comparative studies in legal and Aboriginal studies, the book includes excellent primary sources and sound interpretation of issues … - Aboriginal Education K-12 Resource Guide (2004), NSW Dept of Education & Training 07 The essays edited by Sarah Pritchard prove that you don’t have to have a law degree to understand recent developments in Indigenous rights and how the UN can help protect the human rights of all people. . . . This is a much needed and enormously practical guide to knowing your Indigenous rights. - Patricia Turner, Chief Executive Officer, Aboriginal and Torres Strait Islander Commission 07 [A] sort of recipe book on human rights, a ‘do-it-yourself’ guide to using the UN to safeguard human rights – and it will be a valuable tool for Aboriginal peoples and organisations ... - Tracker Tilmouth, Director, Central Land Council 07 Indigenous Peoples, the United Nations and Human Rights is a much-needed, user-friendly guide [which] will surely become an indispensable addition to the libraries of Aboriginal and Torres Strait Islander organisations. - Aden Ridgeway, Executive Director, New South Wales Aboriginal Land Council 04 01 http://www.federationpress.com.au/images/book/indig.jpg 01 The Federation Press 01 Zed Books (UK) 199801 The Federation Press IP 20 medium medium 02 35.00 9781862874992 03 03 9781862874992 15 9781862874992 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874992 A01 Jamila Hussain Hussain, Jamila Hussain 2 256 J 12 LA 12 HR 12 LJ 12 Y 01 Jamila Hussain explains the basic principles of the religion of Islam and its law (the Shariah), and how the Shariah is lived in the context of many different cultures throughout the world. Now in its second edition, this book is ideal for those who wish to acquire an introductory knowledge of Islamic law and culture in general and within Australian society in particular. The discussion includes: a brief history of Islamic history and civilisation the development of Islamic law and how it is applied in modern conditions the position of women in Islam and the growth of Islamic feminism family law and inheritance modern reproductive technology criminal law and evidence banking and commercial law the Australian Muslim community. A new chapter examines Islamic laws of war and peace, and contemporary rulings on the conduct of Muslims in times of war. 04 Introduction to Islamic law A brief survey of Islamic history Islamic jurisprudence Islamic laws on war and peace Women in Islamic law Marriage in Islamic law Family life Divorce Inheritance, wills and waqf Contraception, abortion and new medical technology Islamic criminal law Evidence in Islamic law Islamic commercial law Islamic banking Islam and Muslims in Australia Glossary of Arabic terms/ Bibliography/ Index 07 The book covers a broad swathe of the legal rules and traditions which affect the Muslim community. The first three chapters, covering an introduction to Islamic law, history and jurisprudence, provide a useful foundation for readers unfamiliar with Islam. Thereafter, there are more detailed chapters dealing with Islamic laws on war and peace, the role of women, marriage and divorce, inheritance and wills, as well as more recent issues such as new medical technology and Islamic banking. There are also interesting chapters on Islamic commercial law and a concluding chapter on Muslims in Australia. A useful glossary of Arabic terms appears at the end of the book. … One of the subtler points which runs throughout the book [is] that there is not one universal interpretation of Islamic law held by Muslims worldwide. … Generally, I found the book to be informative, fair and quite open in its treatment of sensitive questions, such as the right of Muslim men in traditional Islamic society to have up to four wives simultaneously, is clear and pointed. Such openness is laudable … - Dr Benny Tabalujan, Law Institute Journal (Victoria), September 2004 07 Jamila Hussain’s book explores many aspects of life and law under Islam including war and peace, marriage, divorce, inheritance, criminal law and commercial law. In each of these areas, the tension between modern and traditional interpretation’s of the Prophet’s teachings is evident. Present-day Islamic nations reflect the differing approaches to life under Islam with Saudi Arabia positioned at the fundamentalist extreme, while Indonesia reflects a more moderate approach. In each of the areas of law and society she examines, Hussain gives examples of the different approaches and makes it clear that the life experiences of an Islamic person, and more particularly and significantly, an Islamic woman, varies enormously across the globe. … Hussain says “I believe strongly that ignorance is the cause of most bigotry and hatred and wrote the book to try to give mainstream Australians some knowledge, and hopefully a better understanding, of the Islamic aspects of the cultures of Australia’s closest neighbours to the north.” Readers of Jamila Hussain’s book will effectively gain that knowledge and understanding. - Judge Sarah Bradley, The Queensland Lawyer, December 2004 07 It addresses a number of commonly held misconceptions … It is interesting reading and a thorough introduction for people who want to know more about Islam. - Educational Book Review (India), January-February 2004 04 01 http://www.federationpress.com.au/images/book/Hussain2.JPG 01 The Federation Press 200312 The Federation Press IP 20 medium medium 02 39.95 9781862874688 03 03 9781862874688 15 9781862874688 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874688 A01 Cheryl Saunders Saunders, Cheryl Saunders 2 232 L 12 JP 12 Y 12 HB 01 How do Australians have a say in their government?Who makes decisions in government and how?What limits are there on the powers of the Commonwealth and State governments? Fundamental issues which go to the heart of Australian democracy and provide the themes in this book. Writing with great insight and clarity, wearing her renowned scholarship lightly, Saunders enables all Australians to take an informed part in the current debates. She outlines how the Constitution can be altered and many of the issues which affect all Australians. Saunders describes: how the Senate and House of Representatives work how much power the Prime Minister really has why the High Court is so important the role of the Governor-General who decides how to spend taxes how State and Commonwealth Governments work together The book also contains a full copy of the Australian Constitution. 04 Introduction What is a Constitution? Three important questions How did we get the Constitution? What does the Constitution do? Changing times Having a say We the people The idea of Parliament The Australian Parliaments The House of Representatives The Senate Disagreements between the Houses Democratic rights Changing the Constitution Making decisions Different kinds of decisions Government and Parliament The Head of State Who’s who in Executive Government Judges and courts Commonwealth or State Money matters Limits on government Rule of law Checks and balances The separation of powers Protecting rights Making a nation The future The Constitution turns one hundred The Australian Constitution 07 [J]ust about the best book for non-lawyers on the nature and workings of the Australian Constitution I have ever encountered. … Public debate on constitutional issues in Australia would be greatly improved if journalists, let alone the general public were to read this work in great numbers. … Where the scholarly nature of the author does shine through though is in the choice of material. This is not a mere annotation of the Australian Constitution. Nor is it a ‘dumbed down’ version of a law school course in constitutional law. The book provides a wonderful summary of history of constitutonalism in England and her Australian colonies and the move towards Federation in Australia. In particular the account of the 1890s Constitutional Convention is excellent. Fundamental questions such as a ‘What is a Parliament?’ are dealt with in a manner which, despite the simplified language, is often profoundly insightful. … It would be read with great profit by high school students, students of political science and history, journalists and the general public. … a distinguished constitutional mind trying so hard and so successfully to express herself as simply and clearly as possible. - Ethos (Law Society of the ACT), No 190, December 2003 07 The book, like its predecessor of 1998, is divided into three main sections which reflect Professor Saunders’ chosen questions: what kind of say do I have as a citizen? How are decisions made in the nation? And what are the limits on governmental action vis a vis the citizenry? The Introductory part of the book concisely explains what a constitution is, how a constitution comes into being, and what the significant contents are. … The sections are well-written in a clear, inclusive style. … Professor Saunders has managed very effectively to encapsulate the key features of the Constitution in a readable text of 200 pages. - Katherine Lindsay, Law Institute (Vic) Journal, October 2004 04 01 http://www.federationpress.com.au/images/book/SaundersIYC2.JPG 01 The Federation Press 200307 The Federation Press IP 20 medium medium 02 22.95 9780909049058 03 03 9780909049058 15 9780909049058 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780909049058 A01 Sheila Leaver-Cooper Leaver-Cooper, Sheila Leaver-Cooper 72 J 12 C 12 Y 01 Owen Marshall has described Janet Frame as 'New Zealand's most important living writer'. In her autobiography she describes Oamaru as her 'kingdom by the sea'. This book is a guide to that kingdom by the sea - as it was during Janet Frame's childhood and teenage years and as it is today. Sheila Leaver-Cooper's text and Ian S Smith's photographs provide a delightful record of the writer's environs, mediating between the real Oamaru and the Oamaru of Janet Frame's literary imagination. 04 Introduction 56 Eden Street and environs Oamaru North School and the ways to get there Central Oamaru-Thames Street Waitaki Girls' High School Willowglen From Willowglen to Central Oamaru Oamaru's harbourside North Oamaru Finale Appendix 1: Janet Frame - A portrait - J W Gibson Appendix II: Timeline of Janet Frame's literary achievements Appendix III: Works by Janet Frame: editions cited Bibliography 04 01 http://www.federationpress.com.au/images/book/Leaver-Cooper.JPG 01 Dunmore (NZ) 199701 The Federation Press IP 20 medium medium 02 24.95 9781862875029 03 03 9781862875029 15 9781862875029 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862875029 1 A01 Jessie Street Street, Jessie Street 2 B01 Lenore Coltheart Coltheart, Lenore Coltheart 256 CV 12 HB 12 J 12 Y 01 Jessie Street was a key figure in Australian political life for over 50 years. She was the only Australian woman delegate at the founding of the United Nations in 1945; the initiator of the 1967 “Aboriginal” amendment of the Australian Constitution; the colleague of Pablo Picasso on the World Peace Council Executive; and a controversial promoter of the Soviet Union during the Cold War, known as “Red Jessie” to a generation of Australians. She led an extraordinary, vivid life. Her autobiography, written with candour and humour, is a guidebook to the 20th century. From Jessie’s early life in the Australian bush, readers join suffragette marches in London; hear civil rights singers in the jazz clubs of New York; visit occupied Egypt, imperial India, outback Australia, Stalin’s Moscow; witness the Anschluss and Sudetenland crises in Europe in 1938; and see the destroyed cities of London, Berlin, Leningrad, and Hiroshima after the Second World War. Her life was one dedicated to peace and justice. The daughter-in-law, wife and mother of three Chief Justices, she met and worked with extraordinary figures such as Eleanor Roosevelt, Nancy Astor, Margaret Sanger, Jawaharal Nehru and many others. Her autobiography, first published in 1966, is now reissued, corrected and edited, a sparkling, powerful, bright book that truly reflects Jessie Street’s energy, charm and practical humanitarianism. 04 The Bushranger DarjeelingA year abroadYulgilbarWycombe Abbey Oh, My Daughter! A Yugilbar yearNewtown tartsAdventures abroadKeeping a dairy Work for Women International womenVotes for womenAt Waverley HouseA wedding Home Service Mrs Jessie StreetThe House Service Company1925Home Training InstituteUnited AssociationsLeague of Nations UnionAround the world Seeing the World VoyagingDepressionAt homeAt workNursesFarmersTeachersFamiliesNations A Soviet Summer ItalyLondonPragueBerlinViennaBudapestMoscowKievYaltaFoxtrot in MoscowGenevaParisLondonThe New Deal Friends and Enemies Reporting backResuming workLast days of the League'Our great ally'A Pacific warA bid for ParliamentWomen at war War & Peace Occupied AustraliaOccupied womenA Woman's CharterAliens Control CommitteeA United Nations Waltzing Matilda Seeing the StatesLondon lightsBerlin bereavedMoscow missionLiving in LeningradThe new resistanceThe spirit of IndiaHome again Epilogue (Selected letters 1940s-1960s) List of Illustrations/ Index 07 Street’s voice comes through strongly and more coherently than before, both as story-teller and as commentator. - Australian Journal of Politics and History, Vol 51(1), 2005 07 Everything about this book makes it more appealing and accessible than its predecessor, from its attractive cover to its reasonably comprehensive index. - Labor History, No 87, November 2004 07 Jessie Street deserves to be remembered as one of the greater Australians of the twentieth century. - Reviews in Australian Studies, No 1, March 2006 07 Extremely welcome … Purists may cavil at Coltheart’s interference with the original but her labours have ensured that it is a far more reader-friendly version that will bring ‘Red Jessie’ to the notice of a new generation of readers and activists. - Australian Historical Studies, Vol 36 Issue 125 (April 2005) 07 Jessie Street emerges as a forthright, funny and incredibly determined achiever. - The Weekly Times, 23 June 2004 07 Jessie Street was not 40 years ahead of her time, as a friend suggested, but closer to a century. - The Queensland Lawyer, Vol 25(3), December 2004 07 Jessie Street courageously went where no woman had gone before … Her inspirational life is brought to vivid life by the meticulous work of the editor. There is a good selection of photographs to accompany this rejuvenated text. - Ballarat Courier, 20 August 2004 07 Jessie Street’s autobiography should be compulsory reading for anyone who seeks potential change. … To describe this autobiography as inspiring is an understatement. It is an extraordinary record of a remarkable life. Indeed, it is difficult to know how to explain Street’s immense contribution to women’s rights, welfare economics, social justice and peace studies. … documents Street’s relentless social work meticulously, clearly and, at times, quite humourously. … Jessie Street’s autobiography offers a history of the 20th century from the point of view of an Australian woman of vision, commitment and rare political talent. - Australian Book Review, June-July 2004 07 This the story of a great Australian. …Over-optimistic she may have been, but where today is the equal of Jessie Street, depicted so refreshingly in this book? - Civil Liberty, Issue 197, June 2004 07 Among all great Australian women, Jessie Street has got to be very close to the top of the pile. What a remarkable life … This is a new edition of her autobiography, carefully revised for inaccuracies and repetitions by Lenore Coltheart, who has added illuminating letters and photographs. The result is an engrossing first-person account of a truly remarkable life. - Bruce Elder, Sydney Morning Herald, 1 May 2004 07 Jessie Street was an extraordinary figure in Australian and international political life for more than 50 years. … This is the story of an original thinker dedicated to bettering the lives of others. … It is clear from this book that she had a sharp intellect and the courage and energy to put many of the goals springing from her muscular, pragmatic idealism into effect. … One wonders what Street, with her profound belief in social justice, would think of Australian society today. - Penelope Hanley, Canberra Times, 20 March 2004 07 From her childhood in India and NSW at the turn of the century to English private school and Sydney University, marriage to a Supreme Court Chief Justice and international travel (especially Europe on the crest of war and in the chill of the Cold War), the life of pioneering feminist / socialist / activist Jessie Street was a crowded and dramatic one. Her writing is fairly matter-of-fact but what shines through is her preparedness to rock convention, her passion for ideas and her resolution in adversity, as when, for example, her passport was taken from her when the Cold War was hot. First published in 1966, this streamlined edition should introduce an important figure to a new generation of Australians. - Steve Carroll, The Age - Review, Saturday 20 March 2004 07 Jessie Street was a key public figure for 50 years – a pioneering Australian feminist, instrumental in setting up the UN, and the initiator of the 1967 amendment to the constitution that gave Aborigines basic rights. This autobiography was first published in 1967, and has been re-edited to eliminate inconsistencies and restore chronology. It covers Jessie Street’s life up to the end of World War II, and is a fascinating first-hand account of a world at war and a brain at work. Jessie Street was fired by a single idea – all people are equal. This idea emerges from the book as a simple, practical notion, and she writes of it simply and practically whether touring the USSR, India or the US. Stories about the difficulties of getting changed in a railway cabin shared with two Russian men, or a complex analysis of the economics of capitalism, are dealt with one after the other with equal humour and sensibility. One does what one has to do – undresses in the toilet or overthrows capitalism – and then moves on to the next problem without making a fuss. This is an important reissue, written in an engaging style, and is recommended. - Australian Bookseller & Publisher, March 2004 04 01 http://www.federationpress.com.au/images/book/Coltheart.JPG 01 The Federation Press 200402 The Federation Press IP 20 medium medium 02 30.00 9780908896486 03 03 9780908896486 15 9780908896486 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780908896486 B01 Margaret Scott Scott, Margaret Scott 336 J 12 C 12 Y 01 The Katherine Mansfield Notebooks, Volumes One and Two publish Katherine Mansfield's private notebooks in their entirety for the first time. Passages include diary entries, letters, unfinished works, poems, published stories in embryo form, recipes and shopping lists. These annotated volumes offer an enhanced appreciation of Katherine Mansfield's work, and new insights into her life and relationships. Volume One covers Katherine Mansfield's childhood and adolescence, and Volume Two her adult life. 04 Introduction Unbound Papers Notebooks 04 01 http://www.federationpress.com.au/images/book/Scott.JPG 01 Dunmore (NZ) 199701 06 03 9780908896493 BC The Federation Press IP 21 low medium 02 87.95 9780908896493 03 03 9780908896493 15 9780908896493 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780908896493 B01 Margaret Scott Scott, Margaret Scott 374 J 12 C 12 Y 01 The Katherine Mansfield Notebooks, Volumes One and Two publish Katherine Mansfield's private notebooks in their entirety for the first time. Passages include diary entries, letters, unfinished works, poems, published stories in embryo form, recipes and shopping lists. These annotated volumes offer an enhanced appreciation of Katherine Mansfield's work, and new insights into her life and relationships. Volume One covers Katherine Mansfield's childhood and adolescence, and Volume Two her adult life. 04 Introduction Unbound Papers Notebooks 01 Dunmore (NZ) 199701 06 03 9780908896486 BC The Federation Press IP 20 low medium 02 87.95 9781862873506 03 03 9781862873506 15 9781862873506 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873506 A01 Kathy Laster Laster, Kathy Laster 2 432 LA 12 LX 12 Y 01 Law as Culture is a beguilingly accessible, lively and engaging introduction to the law and to legal skills, complete with innovative skills exercises and even some cartoons. It gives the reader a framework for subsequent legal study and for professional life by demystifying the language and culture of the law and by building legal skills. The Extracts, Preface to the 2nd edn and Skills Inventory (below, link above), clearly outline the many strengths of this edition. The book shows how law students are socialised into professional legal culture, and encourages independent thought. It highlights the ways in which law reflects social values and priorities, the place of law as one among many systems of social organisation and problem-solving, and the rise of lawyers as a subculture. This edition has been extensively revised to take account of developments in law such as the results of the 1999 Referendum on the Republic, the debates about a Bill of Rights for Australia, and changes to legal professional practice. The jurisdictional reach has been extended to look at cases and legislation from all Australian States. Black/White relations has been introduced as a recurring theme - materials on Aboriginal Reconciliation, the Wik judgment and the legal and political debate over the Stolen Generations give continuity and perspective. Law as Culture includes clear and accessible accounts of key jurisprudential issues and an extended introduction which sets out the pedagogical assumptions. There are cases and legislation from all Australian States, thorough referencing, and an annotated list of Further Reading in each chapter. 04 Culture and Law In-groups/ Out-groups Cultural Constitutions Constitutions as cultural artefacts/ The Australian Constitution/ Constitutions for a living culture/ An Australian Republic: a case study Law-makers: Judges Common law judges/ Discovering case law/ Evaluating case law/ Judicial law-making: a case study of the Mabo decision Law-makers: Parliament The People as law-makers/ The law-making process/ Making prostitution laws: a case study/ Using legislation Legal Reasoning Thinking like a common lawyer/ Common law problem-solving/ Law as science?/ Law as discipline Language and Law Legal language/ Power, language and Law/ Language disadvantage in the legal system Ritual and Law Adversarial justice/ Court as symbol/ Court ceremonies/ Court as spectacle/ Beyond courts/ Decentering law Appendices Appendix 1: Prostitution CasesAppendix 2: Referencing References/ Index 04 01 http://www.federationpress.com.au/images/book/lasterculture2.JPG 01 The Federation Press 200103 The Federation Press IP 20 medium medium 02 49.50 9781862876224 03 03 9781862876224 15 9781862876224 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876224 1 A01 Cate Banks Banks, Cate Banks 2 A01 Heather Douglas Douglas, Heather Douglas 3 176 LX 12 LA 12 UZ 12 Y 01 Now in its third edition, Law on the Internet is an established guide to law-related websites. This edition contains new chapters on Health and Medical Law, and Guardianship and Elder Law, and expanded sections on Technology, Media and Communications, and Electronic Journals. Well laid out and simple to use, Law on the Internet is a handy reference book for Australian and international websites. Each chapter deals with a different aspect of the law and provides a comprehensive list of relevant website addresses, and the information available on those sites. This is an indispensable book for the experienced or inexperienced Internet user, lawyer, student, journalist, or those interested in the law. 02 Now in its third edition, Law on the Internet is an established guide to law-related websites. This edition contains new chapters on Health and Medical Law, and Guardianship and Elder Law, and expanded sections on Technology, Media and Communications, and Electronic Journals. 04 Part One - Getting Started Introduction What is the Internet? Searching, Evaluating and Alerting Part Two - General Sites Leading sites Libraries Dictionaries Electronic legal journals Part Three - Legal Institutions Parliaments Legislation Government Courts and tribunals Legal aid Law reform Lawyers' organisations Part Four - Subject Specific Sites Administrative lawAnti-discrimination and equal opportunity Commercial law Constitutional law Consumer law Criminal law Environmental and heritage law Family law and children Guardianship and elder law Health and medical law Human rights law Indigenous peoples Immigration and refugee law Intellectual property law International law Legal theory and legal history Taxation and revenue Technology, media and communications Workplace and employment law Women and the law Index 07 This writer would like to think that he has become much more adept at online researching, but alas, this book has identified hundreds of web addresses which [he] had not found. This is not a book in the conventional sense. Rather it contains an introduction which attempts to explain in the most simple of terms, what the entitiy is, that we know of as “the Web”. It then proceeds to list some thousands of web addresses which are of potential use to Australian legal practitioners. … Many of these do not appear in any conventional search [using engines such as] Google, Yahoo and several other search engines. …[This edition] will undoubtedly continue to save a great deal of time when searching, particularly when looking for sites in other States. … I continue to endorse this book as a major time saver which can be of use to everyone from the oldest practitioner to the youngest law student. - BJM, Law Society of Tasmania online newsletter, April 2007 07 Reviews of previous editions: 07 Reviews of previous editions: Law on the Internet is a compact guide that allows even the novice internet user to quickly track down law-related websites, both in Australia and overseas. Each major area of law including anti-discrimination, computers, criminal, environmental, family and tax have been given their own chapter so it's just simply a matter of turning to the right page and looking up the website address. Perhaps the most useful feature is the point form listing of each website's main contents. The book is broken up into four parts: Getting started, general sites, legal institutions and subject specific sites. For the layperson, useful information relating to things such as libraries, leading sites and legal journals is also included. The system works quite well as the reader can immediately choose the level of detail they need - from abroad overview on a general site suitable for a casual business-related query, to the actual case law and legislation that is more the province of a student or legal practitioner. A useful guide for any person with an interest in the law. - My Business, October 2002 07 Searching through the morass of information [available on the interent] to find just what you want has become a real skill. Law on the Internet is an invaluable guide fpr people searching for legal information within this morass. Written in a simple, straightforward style, this guide to legal sources on the internet is easy enough for even the most computer-illiterate researcher to use. The guide begins by introducing the basics of web searching, including a list of useful search engines and how to get the most out of them. Common terms and tools are explained simply, such as how to use Boolean operators and what web addresses mean. Most helpful for more experienced researchers is the section on the ‘invisible web’ with some tips and sites on how to find information that might not be turned up using conventional search engines and methods. This section is particularly useful as it teaches the reader skills for improved searching, rather than merely listing search sites. The bulk of the guide is made up of lists of websites containing legal material. Sites for legal searches, libraries, universities, government, law journals and legal dictionaries are included along with more specific sites grouped by legal subject. These groups are also linked to one another when areas of law may overlap. Best of all the content of each site is summarised and the frequency with which it is updated is noted to allow researchers some idea of the currency of information held on the site. This is invaluable, enabling researchers to focus on the most useful, up-to-date sites first. Law on the Internet is a thorough, well presented accessible and timely resource. It will be useful both to those new to legal research on the internet and the more experienced and provides a compact solution to the often bewildering array of legal information now available on line. - Reform, Issue 82, 2003 07 This is a must-have book for the Internet beginner … - Law Institute Journal (Vic), May 2003 04 01 http://www.federationpress.com.au/images/book/BanksDouglas3.jpg 01 The Federation Press 20061208 The Federation Press IP 20 medium medium 02 39.95 9781862874602 03 03 9781862874602 15 9781862874602 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874602 A01 Margaret Fitzherbert Fitzherbert, Margaret Fitzherbert 320 JP 12 HB 12 J 12 Y 01 In 2004 Liberal Women was shortlisted for the NSW Premier's History Awards. When Menzies formed the modern Liberal Party out of the squabbling rabble of the UAP in 1944, he had to cede to the women’s organisations formal representation and real power. Liberal Women is the story of why. It is a tale of strong, vocal, persistent women who carried the liberal flame across Australia in the first half of the 20th century while the men split and merged, and talked and merged and split again. It is the story of women who grasped the implications of the female suffrage that followed Federation in a way that no others did: winning elections meant winning the female vote; and delivering the female vote gave political power. The Liberal women formed some of the most effective political organisations in the country. Liberal Women is the first detailed account of these women as political pioneers: as power-brokers and factional warriors, as candidates for office, and as members of parliament. Relying on extensive primary research, much of it previously unpublished, Margaret Fitzherbert describes their political organisations and activity amidst a wealth of biographical detail on women such as Enid Lyons, Elizabeth Couchman, Ivy Deakin, Lady Margaret Forrest and Irene Longman. 02 When Menzies formed the modern Liberal Party out of the squabbling rabble of the UAP in 1944, he had to cede to the women’s organisations formal representation and real power. Liberal Women is the story of why. 04 Preface Prologue: A note on the history of Australian liberals Introduction “The desire that many of us cherish” The State Organisations The Women’s Liberal League of NSW The Australian Women’s National League (Victoria) The Queensland Women’s Electoral League The Tasmanians Lady Forrest and the Australian Women’s National League (WA) The South Australians The Activists Political sisters: Janet Lady Clarke and Eva Hughes The political daughter: Ivy Deakin Brookes The professional organiser: Eleanor Cameron Glencross An early candidate for office: Angela Booth The first three From political widow to post-war MP South Australia’s first elected women Dame Elizabeth Couchman The Liberal Party The Liberal Party’s founding mothers The new party The public face of the new party Appendices Robert Menzies, “Women In War”, 1942 Robert Menzies, toast to Elizabeth Couchman, 1960 Robert Menzies, “Women for Canberra”, 1943 Liberal women in Parliament Notes/ Bibliography/ Index 07 Margaret Fitzherbert’s book is a comprehensive account of the early female key figures in the Australian Liberal (conservative) movement under its various guises. … Fitzherbert has covered an amazingly wide area in her researches for her book. Consequently there emerges a well-knitted narrative that constantly informs and sometimes surprises. There is no doubt that by the 1940s the role of women was being better understood by our federal leaders. The role of the Liberals’ Menzies and Labor’s Curtin in more publicly acknowledging the political importance of women and their ideas is well told in particular by Fitzherbert. Her observations on this period deserve commendation as does her excellent reportage of the suffrage struggles in Australia. Overall, Fitzherbert’s book is a noteworthy addition to the libraries of both Australian political studies and women’s affairs. It is well-written, occasionally entertaining and profoundly thoughtful. - Journal of the Royal Australian Historical Society, Vol 92(1), June 2006 07 The book tells us as much about middle-class women’s political activism in the first half of the 20th century as it does about specifically Liberal women. The way the Liberal women did their politics, through personal networks, public speaking, petitions and letters to the paper, was shared with other women’s political organisations, as was their belief in the importance of women exercising their political rights, and many of their policy aims. Equal pay for equal work, women’s rights over property and children in divorce settlements, inheritance laws, issues of women’s and children’s health were also concerns of organisations such as the NSW Women’s Political Education League and the Victorian Women’s Political Association. Marilyn Lake discussed such organisations in Getting Equal (1999), arguing that they bore a feminist non-party ideal, and she deliberately excluded organisations such the AWNL with their strong party links. Fitzherbert’s work shows how much such women’s organisations shared in the period … - Australian Book Review, June-July 2004 07 Many of the campaigners described by Margaret Fitzherbert were perfect representatives of the moral middle class. .. Most of the pioneers in parliamentary politics came from the non-Labor side. … Fitzherbert’s book is a carefully researched history [which] highlights the richness of earlier versions [of liberalism] compared with today’s weedy specimen - Australian Journal of Politics and History, Vol 51(3), 2005 07 Margaret Fitzherbert’s study of early Liberal women has two stated aims. Firstly, it seeks to bring to life the women who helped found the Liberal Party and achieved so many electoral firsts for women in the inter and post-War decades. Secondly, it seeks to quantify and explain the extent of their achievements. It succeeds spectacularly in its first objective. The book draws on a mass of primary source material to produce a detailed yet highly accessible account of the major organisations and personalities that made up the early Liberal women’s movement. Fitzherbert has used her status as an insider to the full. Both the scope and style of her narrative have been enhanced by her access to the records and recollections of senior Liberal men and women. However, the book raises more questions than it answers in relation to the causes and the significance of Liberal women’s early successes. … Fitzherbert has written Liberal women back into history but the task of re-writing the story of the conservative parties in the light of her research remains. - Labour History No 91, November 2006 07 This book brings many firsthand accounts of pioneering liberal women out of the archive boxes and into the public domain for the first time. It explains the organisational foundations that propelled liberal women to achieve significant electoral firsts in almost every state. - Educational Book Review (India), Nov-Dec 2005 04 01 http://www.federationpress.com.au/images/book/Fitzherbert.JPG 01 The Federation Press 200403 The Federation Press IP 21 medium medium 02 39.95 9781862874275 03 03 9781862874275 15 9781862874275 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874275 A01 Dianne Johnson Johnson, Dianne Johnson 216 H 12 HB 12 J 12 JB 12 Y 01 Lighting the Way: Reconciliation Stories captures the spirit of reconciliation. A collection of stories about individual and community acts of reconciliation, it is honest and engaging, and shows what reconciliation means and why so many Australians wish to achieve it. Each story is personal and immediate. Some trace families and relationships over generations between Indigenous and non-Indigenous Australians. This book reveals Australia for all that it is, has been and can be. 04 Foreword by Linda Burney, Director General, NSW Department of Aboriginal Affairs Sharing the Spirit The Precious Waterhole of Illmargani Bunjil and the Barber Shop Fighting with Joy and Laughing The Serpent Cope Fire in Ice Sea of Hands in the Mist Painting Partners Recovering History Protecting the Warrior Spirit Remembering Myall Creek The Torchbearer Saying Sorry The Legacy of a Tribal Foremother Jonah's Pride and the Magpie The Healing House Mirrilingki Taking Sides Raising the Flag Stolen Pencils The Sacred Lagoon A Win for the Mutawintji Mob Walking the Land Celebrating Diversity The Clasping Hand The Poisoned Well When I Grow Up Coexistence The Giant Coolamon 07 Dianne Johnson’s achievement is to tell, simply and clearly, a series of tales that show reconciliation in action: real Australians, Indigenous and non-Indigenous, doing what they see as appropriate in their part of the country to heal the divisions from the past. The stories are inspirational. - Professor Garth Nettheim, member, NSW State Reconciliation Council, 2002 07 Dianne Johnson has written a wonderful, eclectic collection of reconciliation stories. To those who ask, what can I do?, my answer is read these and be inspired. They capture the strength, trust and humility of the reconciliation process and remind us that it is time to put reconciliation back on the agenda or we are all diminished. - Wendy McCarthy AO, Chancellor, University of Canberra, 2002 07 These beautifully told stories of personal courage and integrity show us what is possible. They make the heart beat fast and they stir us to action, with optimism and a sense of renewal. How vital it is that we can know in this way about each other’s actions! Lighting the Way is such a spur for our collective determination. - Gillian Moon, ANTaR 07 A fabulously diverse collection of recent and compelling stories from all over Australia presented in a very clear, straightforward, yet very engaging style. They are unified, not just by the important theme of acknowledging "the more painful aspects" of our past in order for Aboriginal and non-Aboriginal people to "be free to move forward together," but also by acknowledging all those people who over the years "have reached out to one another across the racial divisions" in the true spirit of reconciliation. - Michael Raper, President, Australian Council for Social Services, 2002 07 The task of true reconciliation remains ahead. As a nation we need to understand the consequences of our history upon Indigenous lives throughout Australia. Lighting the Way is a book comprising some of our work together for the future. Stories of strength and struggle, of standing up and facing our past, extend all of us so that we can move forward together. - Phil Glendenning, Director, Edmund Rice Centre for Justice & Community Education, 2002 07 Lighting the Way tells of a sustained, entrenched denial of much of the history of colonial Australia, a denial which characterises our society. The paucity of recorded history of Aboriginal/non-Aboriginal relations and the failure to teach it in any substantial way are evidence of this denial. Behind the inspiring individual stories in Lighting the Way is a 'larger' story in which the task of recognising and confirming essential parts of Australia's history has fallen on and been taken up by ordinary people in local communities. Johnson has ensured that their stories will not be lost to the twilight-world of unrecorded history. Lighting the Way also tells a second 'larger' story - that of people experiencing the shock of realisation, the personal discovery of official brutality, deceit and the pervasive denial, extending even to today's governments and institutions. The cavalier loss of so many languages and so much culture, the abandonment of so many Aboriginal people to poverty and despair and, perhaps above all, the on-going failure to identify at the personal level with Aboriginal suffering, are also aspects or consequences of this entrenched denial. Discovering this betrayal can be deeply challenging. Some so challenged - the Myall Massacre descendants, for example - have responded in defiance of the denial with remarkable gestures. As have Tasmanian Debra Chandler, grazier Camilla Cowley and many others whose stories are told in Lighting the Way. Dianne Johnson captures not only the people but the common spirit which has found expression in unrelated actors and different places. It is a rich and revealing story. - Civil Liberty, September 2002 07 Captures the essence and human dimension of reconciliation … The stories from across Australia explore what reconciliation means at both personal and local levels and are a great inspiration for action. - Tracks (Reconciliation Australia), 2002 07 A 'feel good' collection of real-life, grass-roots Australian reconciliation stories [in a book which] contains 23 chapters of proof that any Australians are living out social reconciliation. We are taken from a wall mural at a Fitzroy barbershop to new Indigenous glass artworks at Uluru, to sharing the land in south-west Queensland and life in the 'other world' at Coolamon in Central Australia. … In Lighting the Way, there are wonderfully warm stories of reconciliation, a persuasive, well-written and presented work that will convince fair-minded people that change must begin with the invader. - Good Reading, July 2002 07 The varied yarns paint a frank picture of Australia's history, and offer hope for our future. The individuals in Johnson's accounts are inspirational. Their stories and backgrounds are diverse yet they share a common will to reconcile. The book represents a journey of peace-making fraught with difficulties but still pressing forward. Lighting the Way places the sometimes-vague notion of reconciliation into the context of personal experience, allowing the reader to relate to the movement. - Australian Catholics, Spring 2002 07 Lighting the Way brings Australia into sharp, three-dimensional focus with its examples of Aboriginal and non-Aboriginal people working together to promote reconciliation. Their collective efforts might involve collaborative artworks, community projects or political activism. … The stories give an Aboriginal perspective on our shared history. It's distressing for white Australians to confront past and present injustices and personal ignorance. But it's also a relief. Lighting the Way is interested in healing individuals, reuniting families and re-sanctifying the land … [It] looks at real situations where people have made it work. It's written in a roundabout style. This is confusing and sometimes makes the information less accessible. But Lighting the Way does succeed in demonstrating the human potential to love radically. If this book is any indication, the reconciliation movement is one of the best things ever to happen to Australia. - Eureka Street, July-August 2002 07 Contained in Lighting the Way: Reconciliation Stories is the rejoicing of possibilities, of personal journeys, of great ideas and kind acts. The content sets the book apart and makes it as must read. Lighting the Way contains more than just stories of how someone painted a picture or worked with a community group or set up a healing centre for Aboriginal women; it contains the spirit of reconciliation. It traces journeys that would otherwise take two or three lifetimes … Dianne Johnson records the smaller heartfelt gestures and looks into the lives of some of the people who have been involved in the larger gestures … Lighting the Way offers an alternative to material that potentially distances the reader; it allows the reader an opportunity to become personally involved. It would be difficult to read this book cover to cover and not feel there are many ways one can contribute … - David Jobling Community arts website Qstage, 2002 07 "... stories of how ordinary people can do extraordinary things..." (foreword by Linda Burney). The stories "come from different age groups, from diverse ethnicities, from varied spiritual traditions, from a spread of political perspectives, from every state and territory and involve artworks, song-writing, memorials, political actions, land returns as well as personal and collective journeys" ...(preface). 205 page paperback with b/w illustrations. Highly recommended for senior years and educators. - Department of Education and Children's Services (South Australia), June 2003 04 01 http://www.federationpress.com.au/images/book/Johnson.jpg 01 The Federation Press 200204 The Federation Press IP 21 medium medium 02 29.95 9781862875036 03 03 9781862875036 15 9781862875036 BB Lives of Australian Chief Justices Series http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862875036 A01 J M Bennett Bennett, J M Dr Bennett CV 12 HB 12 LX 12 Y 01 This set comprises the twelve volumes in the Lives of Australian Chief Justices series, covering all six States of Australia and is available for the special price of $450.00. Individual volumes may be purchased at the rrp of $49.50 or direct price of $45.00. Special prices for each State set are: NSW - $100.00Tasmania - $80.00Victoria - $100.00Western Australia - $80.00 02 This set comprises the volumes in the Lives of Australian Chief Justices series, covering all six States of Australia. There are now 12 in the series. 04 New South Wales Sir Francis Forbes: First Chief Justice of New South Wales, 1823-1837 Sir James Dowling: Second Chief Justice of New South Wales, 1837-1844 Sir James Martin: Premier 1863-1865, 1866-1868, 1870-1872 Fourth Chief Justice 1873-1886 Queensland Sir James Cockle: First Chief Justice of Queensland, 1863-1879 South Australia Sir Charles Cooper: First Chief Justice of South Australia, 1856-1861 Tasmania Sir John Pedder: First Chief Justice of Tasmania, 1824-1854Sir Valentine Fleming: Second Chief Justice of Tasmania 1854-1869, Acting Chief Justice 1872-1874 Victoria Sir William a'Beckett: First Chief Justice of Victoria, 1852-1857 Sir William Stawell: Second Chief Justice of Victoria, 1857-1886George Higinbotham: Third Chief Justice of Victoria, 1886-1892 Western Australia Sir Archibald Burt: First Chief Justice of Western Australia, 1861-1879 Sir Henry Wrenfordsley: Second Chief Justice of Western Australia, 1880-1883 (and Acting Chief Justice 1890-1891) 07 Judicial biography and colonial legal history roll together in this meticulously-researched series. - Australian Historical Studies Vol 35 Issue 12, 4 October 2004 07 Dr. Bennett takes us back in time, whilst enabling us to view the past from our present perspective, a remarkable gift … These books are most readable … very easy to read in one session, or a chapter or so at a time. … I think what interests me most about these books is the insight they present to the expectations of the community 160 years ago, as much as the revelation of the personality of the subject of the book. .... I would again highly recommend this [Sir Valentine Fleming] and all the previous “Lives” for any person, practitioner or otherwise, who has any interest in the early conduct of the Courts and the practice of the law in Colonial Tasmania. - Law Letter, Autumn 2008 07 All of these histories have been compelling reading and [Sir James Cockle] is no exception. If you have one ounce of interest in the history of our profession, you will enjoy this book immensely. I was unable to put it down, so well does the author place us into the reality of the characters about whom he writes. - Tasmanian Law Society Newsletter, August 2004 07 What makes the lives of Sir John Pedder and Sir James Cockle, Chief Justices of Tasmania and Queensland respectively, compelling reading is the glimpse they offer of the establishment of the rule of law in colonial Australia. The experiences they faced are simultaneously at odds with contemporary judicial practices and indicative of recurrent tension that exists between the judiciary and the other arms of the state. … Often men with limited talent or experience are thrust into intolerable circumstances where governors with military inclinations sought to impose their authority. Under Bennett’s pen, these lives are critically, though with sympathy, described and evaluated. The series and these two volumes in particular, make a valuable contribution to the stock of Australian history. - Dr John Williams, Canberra Times 07 Like their predecessors, [Bennett's biographies of Pedder and Cockle] are thorough and sympathetic, enlivened with dry wit. They extend the picture of the colonies as small, faction-riven, rancorous, isolated, litigious communities with judges frequently at odds with government over legal issues and their own entitlements. - Law Society Journal (New South Wales), Vol 42 No 7, August 2004 07 These two volumes [Cockle and Pedder] continue the important and significant series, Lives of the Australian Chief Justices by the distinguished scholar and legal historian, Dr J M Bennett, of which seven volumes have now been published. The development of the institutions of government in Australia and the foundations of the democratic society enjoyed by the people of this nation for the past century and a half owe much to those English lawyers who accepted judicial office in the Australian colonies … The courts, all still in existence, over which they then presided, the legal profession, whose earliest members practised before them, and the two other arms of government, the legislature and the Executive, of the States that those colonies later became, are indeed fortunate to have the lives of the colonial chief justices researched and recorded by a legal historian of Dr Bennett’s stature. As the then Governor of Tasmania, the Hon Sir Guy Green, in his introduction to Sir John Pedder, observed, “Most Australian historical studies fail to give any, or any adequate, treatment of the advent in the colonies of the rule of law and the institutions which sustained it.” This continuing biographical series by Dr Bennett goes far to redress that omission. - John Kennedy McLaughlin, (2004) 78 ALJ 243 [Australian Law Journal, April 2004] 07 Relatively pithy accounts of their judicial work in the several colonies, their stature as first lawyers and later judges, their interaction with both the legal profession and various colonial officers of state and the Colonial office, and their impact on colonial law and legal institutions. … These three books [Forbes, Dowling and a'Beckett] and those that follow them will add an important missing dimension to the field of legal history in Australia. Moreover, they make engaging reading. … - John McLaren, Australian Historical Studies, Vol 34 (122), October 2003 07 These Lives ... are handy contributions to colonial history. - Law Society Journal (NSW), September 2002 04 01 http://www.federationpress.com.au/images/book/9781862876644.jpg 01 The Federation Press 200711 The Federation Press IP 21 medium medium 02 450.00 9781862873865 03 03 9781862873865 15 9781862873865 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873865 1 A01 Peter Butt Butt, Peter Butt 2 A01 Robert D Eagleson Eagleson, Robert D Eagleson 3 A01 Patricia Lane Lane, Patricia Lane 4 134 L 12 J 12 JB 12 LX 12 LA 12 Y 01 A decade on from the decision in Mabo, this book remains a key mechanism for distinguishing between fact and myth among the claims and counter-claims which bedevil Australia's native title debate. It provides an accurate, accessible and unbiased account of what the judges and the Acts of Parliament have actually said about native title, what it means and what problems are likely to arise. Recognising that the High Court's 1993 ruling in Mabo remains the basic legal document on native title, this fourth edition retains the plain language version of the ruling as its core. There follow equally straightforward explanations of the Native Title Act 1993, the 1996 High Court judgment in Wik, and the Howard government's legislative response in 1998 with the "10 point plan". Finally, there are two completely new chapters on how the Native Title legislation has worked in practice, what important issues remain to be resolved and some possible future directions for solving them. 04 The Petition The Ruling Mabo: What the High Court Said The Murray Islands and their people The issues in the case Terra nullius Crown sovereignty and ownership of land Native title and the law Extinguishing native title Fiduciary obligations Protecting native title under the Racial Discrimination Act Deed of grant in trust The minority judgment Common law and land titles: An overview The ruling and final order After Mabo Native Title Act 1993 (Cth) The Wik decision - 1996: What the High Court really decided The government's response to the Wik decision - 1998 The Native Title Act in operation Issues for the future 07 Makes a brilliant contribution … must find its way into the homes and schools of all Australians so that all may understand the reasoning of the High Court and the clear legal and historical basis for the decision - Noel Pearson 07 an insight into the heart of one of the most significant changes in the nation's history - Paul Keating 07 This text is so easy to read and to understand that I'm glad I took the trouble. I now believe I know what the judgment really said ... - Journal of Australian Institute of Professional Communicators 07 Reviews of the first edition were extremely complimentary but I have no hesitation in saying that this update is even better. - Law Letter, Law Society of Tasmania 07 This book should be included as reading for everyone from high school students to politicians. - Alternative Law Journal 07 Aims to make the High Court's decision understandable to a wide audience, in simple English - and does so admirably. - The Canberra Times 07 Essential reading for Australian understanding of the Reconciliation process. - Aboriginal Education K-12 Resource Guide (2004), NSW Dept of Education & Training 04 01 http://www.federationpress.com.au/images/book/butteagleson4.JPG 01 The Federation Press 200104 The Federation Press OP 40 medium medium 02 25.00 9781876861070 03 03 9781876861070 15 9781876861070 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781876861070 A01 Norval Morris Morris, Norval Morris 240 JB 12 HB 12 J 12 LX 12 Y 01 A leading authority on crime and punishment recounts the inspiring life of an early advocate of humane prison conditions. In 1840, Alexander Maconochie, a privileged retired naval captain, became at his own request superintendent of two thousand twice-convicted prisoners on Norfolk Island, a thousand miles off the coast of Australia. In four years, Maconochie transformed what was one of the most brutal convict settlements in history into a controlled, stable, and productive environment that achieved such success that upon release his prisoners came to be called "Maconochie's Gentlemen". Here renowned criminologist Norval Morris offers a highly inventive and engaging account of this early pioneer in penal reform, enhancing Maconochie's life story with a trenchant policy twist. Maconochie's life and efforts on Norfolk Island, Morris shows, provide a model with profound relevance to the running of correctional institutions today. Using a unique combination of fictionalised history and critical commentary, Morris gives this work a powerful policy impact lacking in most standard academic accounts. In an era of "mass incarceration" that rivals that of the settlement of Australia, Morris injects the question of humane treatment back into the debate over prison reform. Maconochie and his "Marks system" played an influential role in the development of prisons; but for the last thirty years prison reform has been dominated by punitive and retributive sentiments, the conventional wisdom holding that we need 'supermax' prisons to control the 'worst of the worst' in solitary and harsh conditions. Norval Morris argues to the contrary, holding up the example of Alexander Maconochie as a clear-cut alternative to the "living hell" of prison systems today. 04 Part 1 Norfolk Island, 1840-1844 Part 2 Maconochie and Norfolk Island after 1844 Part 3 Why do Prison Conditions Matter? Part 4 Contemporary Lessons from Maconochie's Experiment Fixed or indeterminate sentences and "good time" Graduated release procedures and aftercare "The worst of the worst" Punishment and the mentally ill Deterrence, rehabilitation and prison conditions 07 If Maconochie's methods worked under such extreme conditions, wouldn't they work today in our supposedly enlightened times? Highly recommended for crime collections in public and academic libraries. - Library Journal (USA) 07 Maconochie's Gentlemen displays Norval Morris's large gifts as a fine narrative writer and a pre-eminent social scientist. This is a book that fits Aristotle's directive that fine art should enlighten and entertain. It is, in the first instance, an illuminating story, told through the eyes of Captain Maconochie and the family and colleagues he brought with him to Norfolk Island in 1840, of Western society's first efforts at penal rehabilitation. The fiction is followed by incisive reflections by Morris in his role as one of America's leading criminologists, relating Maconochie's experiment to the circumstances today. The book is engrossing in both modes and is thoughtful, moving, and revealing at all points. My hat is off to Norval Morris. - Scott F Turow 07 ... Maconochie's Gentlemen is a fascinating story. As Australian governments continue to bow to pressure to lock criminals up and throw away the key, this book serves as a reminder of our long history as a penal colony, and the basis of early prison reform. - Reform, Issue 83, 2003 04 01 http://www.federationpress.com.au/images/book/Morris.JPG 02 Oxford University Press Inc (USA) 02 Hawkins Press 200201 The Federation Press IP 20 medium medium 02 45.00 9781862871977 03 03 9781862871977 15 9781862871977 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862871977 1 B01 Greta Bird Bird, Greta Bird 2 B01 Gary Martin Martin, Gary Martin 3 B01 Jennifer Nielsen Nielsen, Jennifer Nielsen 308 J 12 JB 12 LX 12 Y 01 A glance at the chapters in this book discloses issues of great importance to the Australian people. They include: self-determination for Aborigines claims of title to and compensation for loss of traditional lands the impact of British law on colonised peoples deaths in custody the Convention Concerning Indigenous and Tribal Peoples in Independent Countries criminal law after Mabo v Queensland (N0 2) incarceration of Aboriginal women intellectual property rights in indigenous art. These are issues which reflect the culture, the perceptions, the aspirations and concerns of Aboriginal people. As such, they are of importance to all Australians. It is my hope that this book will stimulate informed discourse which, in turn, will facilitate identification and resolution of unaddressed problems for the benefit of all Australians. Sir Gerard Brennan AC KBEChief Justice of Australia 04 Nungas in the nineties Irene Watson Detention, torture, terror and the Australian State: Aboriginal people, criminal justice and neocolonialism Chris Cunneen British common law and colonised peoples: Studies in Trinidad and Western Australia Jeannine Purdy The price of compromise: Should Australia ratify ILO Convention 169 Lisa Strelein Keeping the colonisers honest: The implications of Recommendation 333 Neil Lofgren Koori cultural heritage: Reclaiming the past? Greta Bird Intellectual property and the "imaginary Aboriginal" Shelley Wright Te reo Maori - Te reo rangatira o Aotearoa - Te okeoke roaThe Maori language - The chiefly language of Aotearoa - The long struggle Nin Tomas Deconstructing the Royal Commission - Representations of "Aboriginality" in the Royal Commission into Aboriginal Deaths in Custody Mark Harris Five issues for the criminal law after Mabo Jenny Blokland and Martin Flynn The recognition of Aboriginality by Australian criminal law Stanley Yeo The incarceration of Aboriginal women Marie Brooks The Yorta Yorta struggle for justice continues Wayne Atkinson 07 While several books have been published on rights of Australia’s indigenous population, Majah approaches the subject from a unique angle. It is insightful, informative and quite comprehensive. - Australian Lawyer, October 1996 07 'Majah' means 'white boss' to the Bundjalung people of north-eastern NSW.... [This book] looks closely at the impact of the 'white boss' upon the Indigenous peoples of Australia. This collection challenges the perception of Australia as a post-colonial State and asserts that Australia's Aboriginals remain colonised in what is termed neocolonialism. The various authors make a strong call for indigenous self-determination. … A well written and challenging book, Majah … discloses many issues of importance which reflect the culture, perceptions, aspirations and concerns of Aboriginal people. - Proctor (Law Society of Queensland), February 1997 04 01 http://www.federationpress.com.au/images/book/9781862871977.jpg 01 The Federation Press 199603 The Federation Press IP 21 medium medium 02 38.50 9781862874312 03 03 9781862874312 15 9781862874312 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874312 1 A01 Andrew Metcalfe Metcalfe, Andrew Metcalfe 2 A01 Ann Game Game, Ann Game 112 HR 12 VS 12 JB 12 Y 01 This remarkable book takes a fresh look at life as a process, not an end, encouraging readers to look for the meaning of life not in terms of achievement or others' opinions, but in the everyday joys of living. From the Preface ... It is easy to become attached to goals. Goals promise certainty, and the anxiety they induce only makes their achievement seem more meritorious. The trouble is that goals, even worthy ones, remove our sense of proportion and our sensitivity to what is happening around us. It sometimes takes a fall to bring us back into the present. 'Where have I been? What have I been doing all my life?' We awaken to the world as if for the first time. We have written this book out of an increasing sense of the importance of these moments. Once you recognise life as a gift rather than an achievement, you realise that 'meaning in life' is found only in the vitality of the social relations in which we participate. 04 Preface / About the authors / Acknowledgements Grace A Lively Conversation Being A Horse This Wonderful Life The Well of Creativity Nothing Embrace A Knock at the Door Falling For This the Line of My Shoulder was Made Paradise References 07 The Mystery of Everyday Life aims to celebrate the everyday. Or, I should say, to celebrate the mystery of the everyday in the everyday. Moreover, it does so in prose that is a pleasure to read. … In appearance, tone and message what The Mystery of Everyday Life reads like is a little book of wisdom. Elegant in its simplicity, at its most appealing it is as charming as it is insightful, eg, in its use of Pooh Bear to talk about doing nothing. On occasion, it risks being cloying, yet I am quite pleased with many of the passages to do with children. Specific sections invite ridicule (as a farm boy, I squirm at some of what is said about riding and ‘being a horse’) yet others are nothing if not poignant (the decline and death of the father of one of the authors). … There is no shortage of genuine pearls here. I would have a hard time, however, getting a reader determined to be swinish to admit it. Consider this: ‘Although we often speak of parents bringing children into the world, we speak little of children giving birth to parents … So this is why I’m alive, this is what life is about, this is what I was like, this is where that experience becomes useful’. (pp 80-81). Then again, there is this: ‘rather than establishing a debt, gift-giving is its own reward; we’re grateful to those who receive our loving gifts, for they have given us the chance to be generous’ (p30). Need I say that, on occasion, this is the way it is … Not a book for ethnographers then, but one for those oriented to existential and cosmological questions – those searching for an alternative way of talking about life as it is lived … - Australian Journal of Anthropology, Vol 17/2, 2006 07 This thought-provoking and insightful little book takes a fresh look at life as a process rather than an end, and it encourages readers to look for the meaning of life in the everyday joys of living instead of in terms of achievement or others’ opinions. The authors show readers that the riches of life, such as wonder, connection and joy, are right where they are and that sorrow, giving and responsibility are riches too. The book contains 11 chapters, each of which reinforces the idea that ‘meaning of life’ is found only in the vitality of the social relations in which we participate. - The Catholic Weekly, 8 June 2003 04 01 http://www.federationpress.com.au/images/book/MetcalfeGameMEL.JPG 01 The Federation Press 200207 The Federation Press IP 20 medium medium 02 19.95 9781862871441 03 03 9781862871441 15 9781862871441 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862871441 A01 Paul Kraus Kraus, Paul Kraus 148 JB 12 HB 12 Y 01 This is a story of the difficulties of the migration experience. Paul Kraus, a five-year-old refugee from Hungary, arrived in Australia with his family in 1949. 04 The Promised LandEarly MilestonesAssimilationist Tendencies Culture ConflictNew BeginningsFurther Reading and References 07 "This is a wonderful personal and historical account of migrant experience in Australia from the 1950s to the 1980s. Paul Kraus came to this country with his parents as refugees from Hungry. Migrants then had to fit in with the Australian demand that they ‘become like us’. We see the effort the Kraus family make to fit in and the cost to them as a family. What distinguishes this account is the context in which it is told. The family fortunes and misfortunes are set against an historical account of a slowly awakening Australia. A New Australian, A New Australia has clear links with Andrew Reimer’s Inside Outside and Peter Skrzynecki’s poetry. - Deb McPherson, English Teachers’ Association 07 "There is a view of Australian history from the 1940s to the 1980s ... There is an account, personal and poignant, of the experience of migration and resettlement. ... Paul struggles to understand and represent the experience of others, especially his parents with their terrible losses in the old land and their efforts, rewarded and unrewarded, in the new ... It is hoped that those studying Australian social history, cultural studies, or related courses which touch on themes of cultural identity will make use of this book. ... Readers - thoughtful students, in particular, will also learn about what is involved in historical and cultural studies. As Paul struggles to understand and represent the experience of others, he gives us all a lesson in the understanding such studies require." - Bruce E Mansfield, former Professor of History, Macquarie University 04 01 http://www.federationpress.com.au/images/book/kraus.JPG 01 The Federation Press 199407 The Federation Press IP 20 medium medium 02 18.64 9781862871816 03 03 9781862871816 15 9781862871816 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862871816 A01 Ellen Goodman Goodman, Ellen Goodman 328 HB 12 LX 12 Y 01 Ellen Goodman uses extensive extracts from original writings to highlight the main themes of the Western legal tradition. The strength of the book is its clear focus on the heart of the tradition: constitutionalism, representative institutions and rule by law. Goodman links Christianity to its origins in Greek philosophy and Judaism. She delves into the position of the Roman Church as the tenuous, Dark Ages conduit. Feudalism lives and dies and the common law and parliament emerge. The author accurately and vividly charts the main currents, avoiding both the shoals and the myriad tributaries, and so enables readers to have a clearer and deeper understanding of our present legal system. 04 Foundations of Western Thought The Sophists, Socrates, Plato and Aristotle The Advent of Christianity Roman Imperialism and the Christians The Roman Law and the Roman Church From Feudalism to Feudal Law The Crisis between Papacy and Empire Emergence of the Common Law Origins of Constitutionalism The Origins of Parliament in England References/ Index 04 01 http://www.federationpress.com.au/images/book/goodman.JPG 01 The Federation Press 199511 The Federation Press IP 20 medium medium 02 49.50 9781862872653 03 03 9781862872653 15 9781862872653 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862872653 1 B01 David Headon Headon, David Headon 2 B01 Elizabeth Perkins Perkins, Elizabeth Perkins 208 HB 12 Y 12 JP 01 Lang, Harpur and Deniehy were three of the most outspoken proponents of the Australian Republic in the mid-19th century. Their arguments — concise, powerful and balanced — are as relevant today in current Republican debate as they were then. This edited selection of their prose brings together for the first time articles, speeches and letters which show the political and cultural currents in NSW over three decades of important political change. 04 Introduction John Dunmore Lang (1799-1878) Going the Whole Hog Charles Harpur (1813-1868) Baptised into Independence Daniel Henry Deniehy (1828-1865) Towards a Great Australian Republic Index 04 01 http://www.federationpress.com.au/images/book/headonperkins.JPG 01 The Federation Press 199805 The Federation Press IP 20 medium medium 02 33.00 9781862876255 03 03 9781862876255 15 9781862876255 BC NSW Sesquicentenary of Responsible Government http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876255 1 B01 Michael Hogan Hogan, Michael Hogan 2 B01 Lesley Muir Muir, Lesley Muir 3 B01 Hilary Golder Golder, Hilary Golder 480 JP 12 HB 12 Y 01 2001 saw the publication of the three volumes of The People’s Choice. Electoral Politics in 20th Century New South Wales, edited by Michael Hogan and David Clune. Reviewers welcomed it as a fundamental and indispensable source for anyone interested in the political history of NSW and of Australia. Now comes the fourth volume, which takes the story back into the colonial period from the coming of responsible government in 1856 to the formation of the Australian Federation in 1901. There are chapters on each of the elections for the Legislative Assembly, where the talents and failings of political giants like Henry Parkes, Charles Cowper, John Robertson, George Reid and Edmund Barton are on display. Recurrent themes are attempts to resolve the land question, the creation of a strong system of public schooling, and problems of taxation so that the colony could fund its railways, roads and schools. Towards the end of the century the questions of federation and labour conditions come to occupy centre stage. There is also a chapter on the virtually unchronicled elections of 1843, 1848 and 1851 for the Legislative Council which prepared the way for responsible government, as well as thematic chapters on the land question and ways that voting was conducted in a different era. A NSW Sesquicentenary of Responsible Government publication. 02 This is the fourth volume in the series The People's Choice: Electoral Politics in 20th Century New South Wales, which takes the story back into the colonial period from the coming of responsible government in 1856 to the formation of the Australian Federation in 1901. 04 Editor's Introduction Before Responsible Government Michael Hogan The Land Question Michael Hogan Voting in Colonial New South Wales Michael Hogan and Lesley Muir The Blended Legislative Council Elections Michael Hogan 1856 Michael Hogan 1858 and 1859 David Clune 1860 Trevor McMinn 1864–65 Hilary Golder 1869–70 Hilary Golder 1872 Hilary Golder 1874–75 Lesley Muir 1877 Lesley Muir 1880 Lesley Muir 1882 Lesley Muir 1885 Lesley Muir 1887 Lesley Muir 1889 Michael Hogan 1891 Michael Hogan and Ken Turner 1894 Michael Hogan and Ken Turner 1895 Michael Hogan and Ken Turner 1898 Michael Hogan and Ken Turner Bibliography 07 This latest in the wealth of new material on NSW political history extends the three previous studies of twentieth century state elections (published in 2001) to cover all the elections from 1856 to 1898 in a single volume. It includes far more than just the seventeen elections, with each chapter giving a review of the government’s term before moving on to the issues and events of the campaign and the outcome of the poll. Preliminary chapters give overviews of the period before responsible government, the land question and the now unfamiliar system of voting in colonial NSW. Modern politicians must yearn for the era when an unsuccessful candidate had time to try again in a different seat! The book includes electoral maps and a wealth of political cartoons, as well as potted biographies of major figures. The extensive footnotes show that the six authors have mined deeply into the contemporary press to produce these masterly summaries of complex and turbulent times. - Journal of the Royal Australian Historical Society, Vol 93 Pt 2, November 2007 07 The contributors have left no stone unturned, and have returned to primary sources to check and correct all published election statistics. Electoral maps are also included, as is an outstanding collection of political cartoons and line drawings, making this work an invaluable visual, statistical, and textual source. There are introductory essays on the lead up to responsible government, the land question, and contextual information about voting in colonial New South Wales. This is then followed by seventeen chapters that give a detailed breakdown of each election in the colonial period. - Australian Historial Studies, 39, March 2008 04 01 http://www.federationpress.com.au/images/book/9781862876255.jpg 01 The Federation Press 20070730 The Federation Press IP 21 medium medium 02 49.95 9780909907396 03 03 9780909907396 15 9780909907396 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780909907396 1 B01 Michael Hogan Hogan, Michael Hogan 2 B01 David Clune Clune, David Clune 406 JP 12 HB 12 Y 01 Published by the Parliament of NSW and the University of Sydney Volume 1 of a 3-volume set Australia became a nation politically through the willingness of the existing colonies and their citizens to join together, ceding some of their powers in order to construct something better than the sum of those older political units. Yet the colonies did not disappear; they became autonomous States in the new Commonwealth of Australia. Consequently, to understand the political history of Australia it is not enough to know what happened in federal politics. Each State has had its own significant political history, often influencing developments in other States and at the centre. This work is a political chronicle of the most populous State, New South Wales, during the century since Federation, using the regular State elections as focal points. It fills in some of the important detail necessary to understand how modern Australia has become such a successful democratic nation. Volume One - 1901 to 1927This first volume traces the story of NSW through the first years after Federation, when Australia was slowly recovering from the economic depression of the 1890s and adjusting to the new political realities of Federation. It was a period when the political party system was developing a shape still recognisable a hundred years later. With the outbreak of the Great War, Australia and NSW had to face a new set of challenges that placed great strains on the political and social fabric of society. Divisions opened up along lines of ethnicity, class, religion and national identity. During the war the Labor Party split disastrously over the issue of compulsory military service. Even after that, NSW, like most of Australia, remained deeply divided. The politics of the Lang era reflected and added to those divisions, with the arrival of a further crisis in the shape of the Great Depression of the 1930s. Volume Two - 1930 to 1965 Volume Three - 1968 to 1999 04 01 http://www.federationpress.com.au/images/book/HoganClune1.JPG 01 The Federation Press 200101 The Federation Press IP 20 medium medium 02 44.00 9780909907419 03 03 9780909907419 15 9780909907419 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780909907419 1 B01 Michael Hogan Hogan, Michael Hogan 2 B01 David Clune Clune, David Clune 460 JP 12 HB 12 Y 01 Published by the Parliament of NSW and the University of Sydney Volume Three of a 3-volume set. Australia became a nation politically through the willingness of the existing colonies and their citizens to join together, ceding some of their powers in order to construct something better than the sum of those older political units. Yet the colonies did not disappear; they became autonomous States in the new Commonwealth of Australia. Consequently, to understand the political history of Australia it is not enough to know what happened in federal politics. Each State has had its own significant political history, often influencing developments in other States and at the centre. This work is a political chronicle of the most populous State, New South Wales, during the century since Federation, using the regular State elections as focal points. It fills in some of the important detail necessary to understand how modern Australia has become such a successful democratic nation. Volume One - 1920-1927 Volume Two - 1930-1965 Volume Three - 1968 to 1999This Third Volume surveys the transformation of NSW politics and society in the last third of the twentieth century due to technological changes, especially in world communications, and the rise of new political issues such as the environment and the women's movement. Television, of course, changed the nature of political campaigning, as did a thriving culture of public opinion polls, concentration on leadership 'image' at the expense of policy, and a new industry devoted to the manipulation of the media. More importantly, however, the nature of government economic management changed in response to worldwide pressures for conformity to a new model of smaller government, variously described by such terms as 'economic rationalism', 'managerialism' or 'market-orientation'. By the end of the century, however, there were some signs that this orthodoxy itself was being questioned. 04 01 http://www.federationpress.com.au/images/book/HoganClune3.JPG 01 The Federation Press 200101 The Federation Press IP 20 medium medium 02 44.00 9780909907402 03 03 9780909907402 15 9780909907402 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780909907402 1 B01 Michael Hogan Hogan, Michael Hogan 2 B01 David Clune Clune, David Clune 504 JP 12 HB 12 Y 01 Published by the Parliament of NSW and the University of Sydney Volume Two of a 3-volume set. Australia became a nation politically through the willingness of the existing colonies and their citizens to join together, ceding some of their powers in order to construct something better than the sum of those older political units. Yet the colonies did not disappear; they became autonomous States in the new Commonwealth of Australia. Consequently, to understand the political history of Australia it is not enough to know what happened in federal politics. Each State has had its own significant political history, often influencing developments in other States and at the centre. This work is a political chronicle of the most populous State, New South Wales, during the century since Federation, using the regular State elections as focal points. It fills in some of the important detail necessary to understand how modern Australia has become such a successful democratic nation. Volume One - 1920-1927 Volume Two - 1930 to 1965This Second Volume relates how NSW and Australia faced the near collapse of the economic system in the Great Depression of the 1930s, followed by the catastrophe of the Second World War. In other parts of the world these events brought empires and nations to disintegration, but moderate and sensible political leadership prevailed in NSW and helped society to emerge from those crises stronger than before. After the war, economic and political management was much easier, due partly to the long economic boom of the 1950s and into the 1960s. The NSW political system experienced an unaccustomed era of stability, with the hegemony of Labor governments from 1941 to 1965, although by the end of the 1960s signs were emerging of challenges to the long accepted orthodoxies of the postwar period. Volume Three - 1968-1999 04 01 http://www.federationpress.com.au/images/book/HoganClune2.JPG 01 The Federation Press 200101 The Federation Press IP 20 medium medium 02 44.00 9780909907389 03 03 9780909907389 15 9780909907389 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780909907389 1 B01 Michael Hogan Hogan, Michael Hogan 2 B01 David Clune Clune, David Clune JP 12 HB 12 Y 01 Published by the Parliament of NSW and the University of Sydney Australia became a nation politically through the willingness of the existing colonies and their citizens to join together, ceding some of their powers in order to construct something better than the sum of those older political units. Yet the colonies did not disappear; they became autonomous States in the new Commonwealth of Australia. Consequently, to understand the political history of Australia it is not enough to know what happened in federal politics. Each State has had its own significant political history, often influencing developments in other States and at the centre. This work is a political chronicle of the most populous State, New South Wales, during the century since Federation, using the regular State elections as focal points. It fills in some of the important detail necessary to understand how modern Australia has become such a successful democratic nation. Volume One - 1901 to 1927This first volume traces the story of NSW through the first years after Federation, when Australia was slowly recovering from the economic depression of the 1890s and adjusting to the new political realities of Federation. It was a period when the political party system was developing a shape still recognisable a hundred years later. With the outbreak of the Great War, Australia and NSW had to face a new set of challenges that placed great strains on the political and social fabric of society. Divisions opened up along lines of ethnicity, class, religion and national identity. During the war the Labor Party split disastrously over the issue of compulsory military service. Even after that, NSW, like most of Australia, remained deeply divided. The politics of the Lang era reflected and added to those divisions, with the arrival of a further crisis in the shape of the Great Depression of the 1930s. Volume Two - 1930 to 1965This Second Volume relates how NSW and Australia faced the near collapse of the economic system in the Great Depression of the 1930s, followed by the catastrophe of the Second World War. In other parts of the world these events brought empires and nations to disintegration, but moderate and sensible political leadership prevailed in NSW and helped society to emerge from those crises stronger than before. After the war, economic and political management was much easier, due partly to the long economic boom of the 1950s and into the 1960s. The NSW political system experienced an unaccustomed era of stability, with the hegemony of Labor governments from 1941 to 1965, although by the end of the 1960s signs were emerging of challenges to the long accepted orthodoxies of the postwar period. Volume Three - 1968 to 1999This Third Volume surveys the transformation of NSW politics and society in the last third of the twentieth century due to technological changes, especially in world communications, and the rise of new political issues such as the environment and the women's movement. Television, of course, changed the nature of political campaigning, as did a thriving culture of public opinion polls, concentration on leadership 'image' at the expense of policy, and a new industry devoted to the manipulation of the media. More importantly, however, the nature of government economic management changed in response to worldwide pressures for conformity to a new model of smaller government, variously described by such terms as 'economic rationalism', 'managerialism' or 'market-orientation'. By the end of the century, however, there were some signs that this orthodoxy itself was being questioned. Click here for: Volume Four - 1856 to 1898 07 Each of [an earlier series of] monographs [has been] put together into volumes so that there is contained a chapter on every general election in New South Wales during the twentieth century – in chronological order. Yet in each case there has been a ‘jazzing up’ effect. For example, the 1922 Michael Hogan monograph is a straight narrative of 44 pages with tables and maps. However, … it becomes clear how well set out it is. The patterns of maps is the same throughout the whole volume and, in addition, there are inserts with biographies and photographs for leading figures… For every one of the essays, as for 1922, the cartoons are excellent. …[There is a] consistently high quality of analysis … about the various changes to the NSW electoral system throughout the century. Because these volumes were sent to me as a ‘freebie’ I have no idea what they would cost to buy …. What would I have been prepared to pay? Let me express it this way: recently I paid $150 for The Oxford Companion to the High Court of Australia… Would I have paid $150 for these NSW volumes? You bet, I would. - Australasian Parliamentary Review, Vol 17 (1), Autumn 2002 07 All history is barren without politics, and all democratic politics are sterile without a narrative of electoral history. For editors Hogan and Clune, a history of New South Wales elections also relates a social, economic and cultural story. This, roughly speaking, is the editors' logical, and sensible, starting assumption in compiling this excellent three volume series on twentieth century elections in New South Wales. Indeed, readers would be hard pressed to find a more comprehensive account in Australia than this, with other States and the Commonwealth crying out for similar coverage. The volumes' chapters, titled by election year, flow easily through a quasi-journalistic style that, with no encumbered theory, remains accessible to a lay readership. The volumes can be read systematically or thumbed like a ready-reference directory. While its primary audience is the historian and political scientist, journalists, public servants and students will also profit from its purchase. The range of the series' eighteen contributors is a strength: historians, biographers and political scientists specialising in elections and public administration are balanced by former politicians and ministerial advisers. Yet, despite the authors' diversity, the volumes boast a tight consistency in format and style that assists in their encyclopaedic function. Each chapter, ranging from thirty to fifty pages, opens with an historical note framing the political and economic context of the day (e.g. 1901 begins with the tariff debate; 1932 the Great Depression; 1988 economic rationalism) and is then divided into digestible sections marked off by common sub-headings. This provides for impressively comprehensive detail, including intra-party squabbles, campaign themes and events and, of course, results tabled uniformly in terms of votes won, percentage shares, seats contested and seats won. By-elections, too, are covered. Volume One begins at 1901, perhaps a logical and expedient date that will lend itself to other States and the Commonwealth should the exercise be replicated. But a post-Federation account might also be a weakness; some readers will no doubt miss the rich history of the late colonial period in which the party system took root. Other, more minor, drawbacks include a lack of textual referencing. Attempts to track down colourful quotes of contemporary actors are therefore frustrated. An index of names separated from a general index might also have been useful. An asset far outweighing these, however, is text liberally punctuated by short biographical notes of key figures and, most pleasingly, countless black and white photographs, maps, cartoons and party advertisements reproduced from contemporary newspapers, including from unusual sources such as The Worker. The flavour of New South Wales politics and elections in the twentieth century is truly captured. - Australian Journal of Politics and History, Vol 50(1), March 2004 07 This is a well-presented three volume set, with each volume covering approximately 30 years. … For students of political history in 20th century New South Wales, these volumes are a mine of useful information. Contained within each chapter are summary tables of voting statistics for each election. The last chapters have additional statistics such as information for party political spending and pre-election opinion surveys. There are short biographical sketchs, together with black and white photographs, for many of the more important politicians and party officials. Electoral maps are included … The bibliography is extensive and suggestive of considerable extra research material for interested students. All three volumes are profusely illustrated with an excellent collection of cartoons and they provide a detailed picture of the changing parliamentary electoral process over the century. The comprehensive nature of this publication is its strong point. Readers who seek an introduction to the politics of each period will find considerable information on the leading political identities. … The list of social issues covered is again conmprehensive. … This work is a valuable introduction to its topic. Its individual chapters provide detailed research into 34 elections. It would be a worthwhile acquisition for your own or your local public library. - Tony Laffan, Labour History, Nov 2004 07 Readers would be hard pressed to find a more comprehensive account in Australia than this, with other States and the Commonwealth crying out for similar coverage. The volumes' chapters, titled by election year, flow easily through a quasi-journalistic style that, with no encumbered theory, remains accessible to a lay readership. The volumes can be read systematically or thumbed like a ready-reference directory. While its primary audience is the historian and political scientist, journalists, public servants and students will also profit from its purchase. The range of the series' eighteen contributors is a strength: historians, biographers and political scientists specialising in elections and public administration are balanced by former politicians and ministerial advisers. Yet, despite the authors' diversity, the volumes boast a tight consistency in format and style that assists in their encyclopaedic function. Each chapter, ranging from thirty to fifty pages, opens with an historical note framing the political and economic context of the day (e.g. 1901 begins with the tariff debate; 1932 the Great Depression; 1988 economic rationalism) and is then divided into digestible sections marked off by common sub-headings. This provides for impressively comprehensive detail, including intra-party squabbles, campaign themes and events and, of course, results tabled uniformly in terms of votes won, percentage shares, seats contested and seats won. By-elections, too, are covered. … A text liberally punctuated by short biographical notes of key figures and, most pleasingly, countless black and white photographs, maps, cartoons and party advertisements reproduced from contemporary newspapers, including from unusual sources such as The Worker. The flavour of New South Wales politics and elections in the twentieth century is truly captured. - Paul D Williams,Australian Journal of Politics and History, March 2004 01 Parliament of New South Wales 200101 The Federation Press IP 21 medium medium 02 93.50 9781862876453 03 03 9781862876453 15 9781862876453 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876453 A01 David Solomon Solomon, David Solomon 255 J 12 HB 12 JP 12 Y 01 Pillars of Power is an engaging survey, based on extensive interviews, of where power is based in Australia today. Journalist and legal commentator David Solomon covers not just government, defence and the courts but also economic regulators, unions, the media, universities and sports. He explores how these modern “pillars of power” have evolved, and uses the words and experiences of the key players to illuminate their operations and impact on national affairs and individual Australians. 02 Pillars of Power is an engaging survey, based on extensive interviews, of where power is based in Australia today. It covers not just government, defence and the courts but also economic regulators, unions, the media, universities and sports. 04 Introduction Government and Parliament Federalism and the States Vice-regal institutions The Public Service Courts and the law Defence and security Economic regulators Unions Universities Media Sport International foundations Conclusion: Evolving institutions Bibliography / Index 07 Few writers are better qualified than Solomon for a tricky assignment like this one. For over forty years a Canberra press gallery reporter, Whitlam government political staffer, barrister, outstandingly readable writer for the Australian on the sometimes arcane activities of our High Court; academic, author of many books…. This book is based on a series of articles he wrote for the Brisbane Courier Mail, now fully revised. They draw not only on the author’s personal experience, but gain authority and breadth from the interviews he had with other strategically placed workers at the coalface. This galaxy includes four chief justices, three prime ministers, high public servants, a recent Director-General of ASIO, and our engagingly plainspoken Clerk of the Senate, Harry Evans. The book is well organised, with a comprehensive bibliography and helpful advice on how recent material (such as newly decided cases at law) may be accessed through the internet. In a period when constitutional matters are likely to be discussed with increasing urgency and (perhaps) in more strident voices, this is a book to keep handy. - Quadrant, October 2007 07 David Solomon’s account of contemporary Australia forensically explores recent developments in Australia’s key political, legal, economic and educational institutions. Pillars of Power will be a handy reference for journalists who did not take courses about Australian government, but who find themselves having to write, say, about trade unions, an aspect of Australia’s federal system, or the role of the Australian public service. These are all topics on which he provides useful chapters… …his book is also based on some good journalism and an extensive set of interviews which he conducted with a wide range of sources. It is a scholarly work, but not an academic text. That is it is carefully referenced and analytical, but it is not framed by a particular theoretical perspective… To provide a comprehensive account of the transformation of Australia’s legal, political and economic institutions over the past several decades is a massive task. It took Solomon two full years, and he has produced a very useful summary, I will encourage my students in Australian Political Institutions to read large parts of it. - Australian Journalism Review, 30(1) 139 04 01 http://www.federationpress.com.au/images/book/9781862876453.jpg 01 The Federation Press 20070702 The Federation Press IP 21 medium medium 02 39.95 9781862874244 03 03 9781862874244 15 9781862874244 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874244 1 B01 David Brown Brown, David Brown 2 B01 Meredith Wilkie Wilkie, Meredith Wilkie 384 YH 12 J 12 Y 01 Edited by David Brown (Professor of Law, University of NSW) and Meredith Wilkie (Director, Race Discrimination Unit, Australian Human Rights and Equal Opportunity Commission) As prison populations continue to expand across the western world the question of the rights of prisoners has become an increasingly pressing issue, particularly in the light of new human rights discourses. This important new book gives voice to a diverse range of viewpoints arising out of this debate in the Australian context, while the issues raised will have powerful echoes elsewhere. The contributors to this book include the prisoners themselves, human rights activists, academics, criminal justice policy makers and practitioners. Overall the book presents a powerful argument that prisoners do and should have rights in any society that professes to be a democracy, bringing to the fore a debate that society would often prefer to forget. 04 Part I - Prisons and Prisoners Prisoners and the penal estate in Australia Russell Hogg Words from the prisoners: Impacts of overcrowding The rights of Indigenous prisoners Loretta Kelly Words from the prisoners: Prisoners at risk Deprivation of liberty - deprivation of rights Debbie Kilroy & Anne Warner Words from the prisoners: Family Experiences of inmates with an intellectual disability Jenny Green Words from the prisoners: Staying healthy in prison Prisoners of difference Greta Bird Words from the prisoners: Catering for prisoners speaking English as a second language Part II - Regulating Prison and Prisoners Rights 'Not the King's enemies': prisoners and their rights in Australian history Mark Finnane and Tony Woodyatt Words from the prisoners: Law and Order (a poem) by Noel Han Televising the invisible: prisoners, prison reform and the media Catherine Lumby Words from prisoner advocates: Queensland Prisons: 1980s and 1990s Margaret Reynolds, former Qld Senator (ALP) An insider's view: human rights and excursions from the flat lands Craig WJ Minogue Words from the prisoners: Legal assistance Protection of prisoners' rights in Australian private prisons John Rynne Words from the prisoners: Impacts of privatisation Prisoners as citizens: a view from Europe Vivian Stern Part III - Citizenship and Rights International human rights law applicable to prisoners Camille Giffard Institutional perspectives and constraints John Dawes Words from the prisoners: Prison discipline Segregation David Robinson Prisoners' rights to health and safety Michael Levy Words from the prisoners: Health care Crime victims and prisoners' rights Sam Garkawe Words from the prisoners: Preparing for release Prisoners and the right to vote Melinda Ridley-Smith & Ronnit Redman Prisoners as citizens David Brown 07 Should prisoners be deprived of rights to such things as voting, personal safety, health, family connection, information, and education? In a series of 17 essays, many of them research-based, writers look at aspects of the surprisingly varied Australian prison situation. Topics include the nature of prison systems and populations, and historical and international perspectives. Also considered are the siutations of particular prisoners, such as women and Indigenous Australians, as well as those from non-English speaking backgrounds, and those with intellectual disabilities. The collection is a timely and thought-provoking source of information. - SCAN (Curriculum K-12 Directorate NSW), February 2004 07 One of the most poignant aspects of this collection is the contribution that prisoners themselves make … Collectively, [their] testimonies depict a deep-seated sense of feeling 'forgotten', anonymous and utterly disenfranchised.. They serve as a candid reminder that prisoners are living now, without proper access to basic medical care or family contact and live in physical conditions that fall short of any acceptable level of decency and care in a democratic society. … Practical measures that will immediately improve the recognition of human rights for prisoners are usefully discussed …The book possesses a certain clarity and common-sense tone, its contributors approaching rights not from a philosophical but from a more concrete concern with 'rights as claims to certain minimum standards of treatment'. … With a wide variety of contributors, the book represents a rich sourcebook of opinions on prisoners' rights. … it is an important publication that merits attention from anyone interested in the legal rules governing prisoners' rights, possible psychological effects of imprisonment and prisoner welfare generally. - Howard Journal of Criminal Justice, Vol 4(3), July 2003 07 [A] very valuable analysis into many, if not most, of the changes [of the past two decades]. … a scholarly contribution to the history and contemporary views of punishment and corrections [which] is full of surprises. - Civil Liberty, December 2002 07 This outstanding and comprehensive collection of essays on prisoners' rights which offers historical, international, jurisprudential, empirical and legal perspectives. … This is thoughtful but disturbing reading. - Reform, Spring 2002 07 ... makes an important contribution to the reconsideration of prisoners as human subjects possessing certain rights. - Chris Cunneen, Adelaide Law Review, 2002 07 A valuable and well-informed contribution to the debate about prisons and prisoners. - Matthew Groves, UNSW Law Journal, 2002 07 Australia's leading academics, activists and prison experts … highlight why it is critical that these rights [of prisoners] be recognized by the Australian community. This vision, which seems altogether in keeping with contemporary ideas of human rights and democratic citizenship, turns out to entail profound challenges to the current ways of thinking, our law and institutional routines. The authors understand the ideals of democratic debate and try to extend that debate in a manner that is at once principled and constructive. This is a timely, well-researched and important book and presents a significant contribution to an understanding of the status, role and rights of prisoners and their capacity to participate in their community as full citizens. - Educational Book Review (India), 2002 07 A constructive political and public discourse about the role of prisons and prison reform has been sadly lacking in Australia. Instead, fuelled by self-serving political agendas and tabloid journalism penal policy has been punitive, short-sighted and ultimately a failure. Refreshingly, Brown and Wilkie have taken a provocative new approach towards prisons and their inmates arguing that prisoners do and should have rights in any society that professes to be a democracy. - Professor Paul Wilson, Chair of Criminology, Bond University 07 A landmark collection on prisoners' citizenship rights in Australia. Partly report-card, partly a plural conversation on options for change, this book should be disturbing reading for citizens concerned about the decency and social justice of our democracy. - Professor John Braithwaite, ANU, Canberra 07 This book has the potential not just to bring back to public attention the issue of imprisonment in Australia; in addition, it also sheds new light on the nature of imprisonment iself, and its pains and deprivations, with contributions from academics, criminal justice policy makers and practitioners and, not least, prisoners themselves. - Dr John Pratt, Institute of Criminology, Victoria University of Wellington 07 At last -- after 1999's 'Republic without citizens' debate -- we have a serious look at citizenship from the bottom up! Prisoners as citizens is where any discussion about rights and a republic in Australia must begin, and this book does it well. - Tim Anderson, former prisoner and civil rights activist 07 For decades it was said that the victim was the forgotten party in the criminal justice system. That is no longer true as victims' rights have come to supplant prisoners' rights in the public consciousness. The state of the prisons is now of far less public and political concern than the state of a victim's health. In sentencing, the uneasy balance between the interests of the offender, the state and the victim has shifted from the former to the latter. This important and useful book gives voice to a diverse range of viewpoints, some of which have been suppressed, some ignored and many which have failed to achieve their due recognition because of the significant, but one hopes, not permanent changes in communal priorities. It puts back on the criminological and political agenda the unpopular issues which must be addressed as our prison populations continue to burgeon. - Professor Arie Freiberg, Department of Criminology, University of Melbourne 07 This book makes a timely and wide-ranging contribution to an overdue debate about our attitudes to imprisonment and detention. Australians who value their freedom are indebted to the co-editors for encouraging such a well-qualified group of contributors to share with us their unique insights. - The Most Reverend Dr Peter F Carnley AO, Anglican Primate of Australia 07 Prisoners do have rights and this outstanding collection highlights why it is critical that these rights be recognised by the Australian community. Australians deny the rights of the imprisoned at their own peril, since the behaviour of those incarcerated after their release is largely influenced by their experiences behind the prison walls. - Father Peter Norden SJ, Director, Jesuit Social Services and former Pentridge Prison Chaplain 07 As the language of rights is manipulated to serve questionable ends and as rights become exclusive, often only available to those who are visible and able to voice their concerns, Prisoners as Citizens offers a comprehensive and challenging consideration of the diverse rights and interests of an ever-increasing but invisible population group within our society. - Andrea Durbach, Director, Public Interest Advocacy Centre 07 This is a timely and important publication. The controversial issues surrounding penal policy and specifically, the perception of, and treatment of, prisoners and their role in their community are regularly misunderstood and misrepresented in public discourse. This well-researched and thoughtful series of accounts by a diverse range of authors usefully presents eclectic perspectives. Many of the themes explored could have been fruitfully extended to additional areas including juveniles in detention, the international transfer of prisoners and the detention of asylum seekers. Nevertheless, the book represents a significant contribution to an understanding of the status, role and rights of prisoners and their capacity to participate in their community as full citizens. - George Zdenkowski, NSW Children's Court Magistrate 04 01 http://www.federationpress.com.au/images/book/BrownWilkie.JPG 01 The Federation Press 200206 The Federation Press IP 20 medium medium 02 49.50 9781862872899 03 03 9781862872899 15 9781862872899 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862872899 A01 Peter Hunt Hunt, Peter Hunt 96 LX 12 LA 12 Y 01 Peter, Peter Pumpkin-EaterHad a wife and couldn’t keep her.He put her in a pumpkin shelland there he kept her very well - Or did he? Have you ever wondered what became of poor Peter Pumpkin-Eater? Well, he was charged with falsely imprisoning his wife in a pumpkin shell. This is the story of his trial, a gripping account of a criminal prosecution with rollicking legal anecdotes to enjoy. See the legal process through the eyes of this troublesome defendant, Peter Pumpkin-Eater, as he moves from police interview to barrister’s conference and onto the trial. Peter protests his innocence through his gallant, yet somewhat naïve, solicitor, Molly Mouthpiece. Add to this the antics and foibles of such legal characters as Billy Baldface (the inept Barrister), Johnny Goodfellow (the very good Barrister) and Perry Pelican (the melancholy Magistrate) as the unique intricacies of the case unfold. This new book will a great gift for legal practitioners as well as students. 04 The Police Interview The Solicitor’s Office The Call Over The Plea of Guilty The First Barrister’s Conferences The Second Barrister’s Conference Mrs Pumpkin-Eater’s Evidence in Chief The Cross-Examination of Mrs Pumpkin-Eater The ‘No Case’ Submission The Start of Peter Pumpkin-Eater’s Evidence The Short Adjournment The Conclusion of Peter Pumpkin-Eater’s Evidence in Chief The Cross-Examination of Peter Pumpkin-Eater The Submissions and the Verdict The Aftermath 07 This short, beautifully constructed book and witty book provides the reader … with a humorous yet educating look at the legal process from the perspective of the fictitious Peter Pumpkin-Eater. Readers will appreciate the satire, find humour in the uncanny familiarity of the characters, reminisce on their childhood nursery rhymes, and become intrigued by the story … Students of the law and solicitors alike will benefit from this easy read as it guides them through the legal process, from police interview to barrister's conference and finally to trial. Along the way Hunt raises ethical issues, identifies and discusses rules of evidence and provides a striking contrast between levels of professional competency. … We are entertained by the antics of the parties to the proceedings and by the satire … a unique, informative and entertaining book which … is highly recommended. - Thomas Donnelly, Newcastle Law Review 04 01 http://www.federationpress.com.au/images/book/pumpkin2.jpg 01 The Federation Press 199808 The Federation Press IP 20 medium medium 02 20.00 9781862873421 03 03 9781862873421 15 9781862873421 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873421 A01 David Mercer Mercer, David Mercer 3 384 RN 12 Y 01 The key themes of the third edition of this established text are the rise of the globalised economy and the free-traders' current dominance of the economic agenda, and the continuing retreat by Australian governments, particularly the federal government, from involvement in environmental management. What impact have these had upon the state of Australia's environment? In particular upon the four commercial sectors that for decades have been the economic backbone of rural Australia and, traditionally, the major contributors to Australia's exports ie: forestry resources tourism mining and energy, and agriculture and pastoralism. 04 Key Themes Economy, Environment and Globalisation Forest Management in Transition Tourism - Clean and Green or Environmental Disaster? Minerals and Energy Resources Agriculture and Pastoralism Bibliography/ Index 07 The book starts with a discussion of the author's key theme of human impact on the environment and the conflict that arises over the use and management of Australia's natural resources. This is followed by an analysis of the main sources of pressure on the environment in Australia and approaches to address them. … The remainder of the book provides detailed case studies of the forest, minerals, tourist and agricultural industries. … Mercer's reading is wide and he has drawn on his source material to produce a readable synthesis of some very complex issues. There is considerable factual detail on particular problems and this has been enhanced by a critique of remedial measures. The book provides a wealth of information and analysis. . . [It] will be a very useful reference to those with an interest in the conflicts that arise in our major resource-based industries and the extensive bibliography will be invaluable. - Bogong; Canberra & South-east Region Environment Centre 07 As Australian Governments retreat from involvement in green issues, the use and management of our natural resources is increasingly at the mercy of free-traders and the globalised economy. In A Question of Balance, author David Mercer attempts to discern the impact of this power shift on the Australian environment and, in particular, the four commercial sectors that have been the backbone of rural Australia for decades: forestry resources, tourism, mining and energy, and agriculture and pastoralism. Avoiding either extreme of the environmental debate, from technological optimism to pessimistic doomsday predictions, Mercer produces a well-researched, scientifically based analysis of the state of natural resources in Australia. - Monash News, 2000 07 Reviews of the previous editions: An outstanding success that I recommend highly to students of critical environmental issues … Mercer uses a political economic approach, focusing first on the human impact on the Australian environment, and second on the conflict over the use and management of our natural resources. … The author has read widely and deeply and has shared his knowledge in such a way that readers can follow each theme further. - Bogong; Canberra & South-east Environment Centre 07 Well-researched, clear and unrelenting in its criticism of unplanned or poorly planned development. - Annals of Tourism Research 07 An invaluable reference for anybody involved in or concerned about the management, control and real selling price of Australia's natural resources. - Environment South Australia 07 A wealth of detail and analytic insight into the current place of tourism in Australia, and possible futures for it. … Teachers looking for an approach to tourism that students can grasp will be grateful to Mercer … a whole unit could be drawn up around these concepts ["hard and "soft" tourism] and others such as cultural heritage, wilderness, conflict, co-existence with conservation, limits to acceptable change, depressed rural regions, and how they connect to tourism. This book repays careful reading. …I would recommend the book … and I predict equal value from other chapters on timber harvesting, mining and agriculture and pastoralism. - Geography Teachers Assoc. ACT Newsletter 04 01 http://www.federationpress.com.au/images/book/mercer3.JPG 01 The Federation Press 200002 The Federation Press IP 20 medium medium 02 45.00 9781862874817 03 03 9781862874817 15 9781862874817 BB http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874817 1 B01 Graeme Orr Orr, Graeme Orr 2 B01 Bryan Mercurio Mercurio, Bryan Mercurio 3 B01 George Williams Williams, George Williams 272 L 12 JP 12 Y 01 This book examines the law of elections in Australia. It explores Australia's rich history of electoral law innovation as well as exciting contemporary challenges such as electronic voting and party regulation. Topics covered also include the centenary of the first uniform federal franchise, the Gore v Bush 2000 US presidential election, and the role of scrutineers in the electoral process. The volume draws together as contributors a range of insiders and other Australian and international commentators with long experience in electoral administration and electoral law. Authors include leading lawyers, political scientists, historians and electoral administrators. 04 Foreword by Andy Becker, Australian Electoral Commissioner Introduction The Australian Electoral Tradition Graeme Orr, Bryan Mercurio and George Williams The International Dimension Lessons from the Florida Controversy Daniel Lowenstein Electoral Reform in the United Kingdom Keith Ewing Australian Electoral Law: Not a Model for Others Michael Maley A Century of Reform Enrolling the People: Electoral Innovation in the New Australian Commonwealth Marian Sawer Measuring Parliaments Against the Spence Standard John Uhr Fundamental Rights and Values The Evolution of the Commonwealth Franchise: Tales of Inclusion and Exclusion Jennifer Norberry One Vote, One Value: The WA Experience Kirsten Robinson Campaigns, Parties and Candidates Campaign Finance Reform in Australia: Some Reasons for Reform Joo-Cheong Tham Dealing in Votes: Regulating Electoral Bribery Graeme Orr Party Registration and Preselection: A Minefield for Electoral Administrators? Steve Tully By Any Other Name: Parties, Candidates and their Ballot Labels Tom Round The Role of the Courts The High Court and the Constitutionalism of Electoral Law Gerard Carney The Practice of Disputed Returns for Commonwealth Elections Stephen Gageler Justiciability: The Role of Courts in Reviewing Electoral Administration Angela O'Neil Best Practice in Electoral Governance The Independence of the Commissions: The Legislative Framework and the Bureaucratic Reality Colin A Hughes Transparency and Elections in Australia: The Role of Scrutineers in the Australian Electoral Process Phillip Green Beyond the Paper Ballot: Exploring Computerised Voting Bryan Mercurio Table 0f Cases/ Table of Statutes/ Index 07 The book takes an interdisciplinary approach to electoral law and contains papers of high quality over a wide range of areas. … - John Kernick, Law Society (NSW) Journal, Vol 42(9), October 2004, 101 07 One of the strengths of this book is that in a series of short chapters it provides useful summaries of various areas of electoral law at a level that is accessible to both students and the non-lawyer. While the authors predominantly have legal backgrounds and cover issues from a legal perspective, this is leavened by the contributions of political scientists and electoral administrators. The editors have managed to corral a range of disparate papers into coherent themes. While a few of the chapters are perhaps overly descriptive, there is something in this book for anyone with an interest in elections and the political process. - Alternative Law Journal, Vol 29 No 3, June 2004 07 There is too much content in this book to do justice to all of it in the confines of a single review. Taken as a whole, the collection forms a well-balanced, informative and quite readable overview of Australian electoral law. There is much about the issues discussed therein that will be familiar to election law aficionados from other jurisdictions, and much about the Australian response to those issues to make them think about their own backyards. For this reason, the appearance of this work is welcome, and it is wholeheartedly recommended. - Election Law Journal, Vol 3 No 2, 2004 07 Interest in the regulation of elections has increased globally since the debacle of Florida in 2000. In Australia, awareness has been heightened since the One Nation/Hanson litigation and its publication is particularly timely given that a range of amendments to the Commonwealth Electoral Act 1918 have recently been introduced into the federal parliament covering issues ranging from electoral roll integrity, roll use and representation of Northern Territory electors. … The contributors come from diverse backgrounds, including the various electoral commissions, academia and practice, and most of the names will be familiar to observers of developments in electoral law in Australia. Realising Democracy covers a catholic range of matters relating to electoral law. Matters analysed include campaign finance reform, electoral bribery, party registration and preselections (timely given the hard-fought Liberal Party preselection in Wentworth), the intersection with the Constitution, and the role of Courts in reviewing electoral administration. The book also contains a set of very practical and useful analyses by seasoned experts in their chosen fields on the independence of the AEC, the role of scrutineers in Australia, and the practice of disputed elections. The book also covers an international dimension by including lessons from Florida 2000 and a discussion of the distinctiveness of Australian electoral law. This book is an important and welcome contribution to the public discussion of electoral regulation. - Ethos (Law Society of the ACT) No 192, March 2004 04 01 http://www.federationpress.com.au/images/book/OrrMercurioWilliams.JPG 01 The Federation Press 200311 The Federation Press IP 20 medium medium 02 75.00 9781862874732 03 03 9781862874732 15 9781862874732 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874732 1 A01 Jenny Stewart Stewart, Jenny Stewart 2 A01 Grant Jones Jones, Grant Jones 192 RN 12 KM 12 JP 12 Y 01 Environmental managers, scientists and activists are accustomed to seeing politics in a negative light. Politics equals self-interest, which means the power structures, assumptions and behaviours which, many would argue, are the reason for our seeming inability to deal with a range of environmental issues, including the toughest questions of salinity, land degradation, and coastal development. The authors of Renegotiating the Environment argue that, rather than seeing the politics of self-interest as an impediment, managers should learn to acknowledge, understand and use politics to generate better outcomes. Better environmental governance will be achieved by a process of evolution rather than by imposition of changes in response to conventional diagnostic and analytical frameworks. But rather than just waiting for this evolution to progress of its own accord, Stewart and Jones argue that it can be pushed forward by understanding of politics that allows for the energy and interests of groups and individuals to be harnessed rather than stifled, in order to achieve more consensual (and hence more sustainable) solutions. For managers, scientists and even for activists, this is a new and different way of approaching environmental problems. Renegotiating the Environment supports its case through detailed case studies and theoretical analysis as well as offering practical guidance for managers interested in implementing governance-based responses to environmental problems. 04 Major Themes Why 'renegotiate' the environment? How does politics change environmental policy? The processes of environmental politics Institutional theory What makes institutions change? What is 'governance'? Environmental governance How do we know it works? Conclusion Sharing Water: Towards River Governance The structure of conflict Managing rivers Wildlife and the Macquarie Marshes Wine, mines and salinity in the Hunter River Pollution and the Hawkesbury-Nepean River Comparing the three outcomes Policy capacity Conclusion The Green Battlefield: Regional Forest Agreements in Three States What are Regional Forest Agreements? New South Wales - a green win? Tasmania - an industry win Western Australia - the RFA that collapsed Comparing the three arguments Policy ideas Information A balanced result? Conclusion Whose City, Whose View? M2 toll road - the juggernaut Sydney airport Byron Bay Cities and the environment What Works? Evaluating the effectiveness of conflict resolution Consensus as a measure of success Rating the case studies Making sense of the case studies Political support Leadership Productive pluralism Policy learning The conditions for environmental governance Towards Environmental Governance Creating environmental governance Political management Analysis Influencing power Promoting accountability Conflict resolution Civilising conflict Create and disseminate technical information that will enhance quality and focus of the debate Leadership Translate' scientific information into concepts that can be understood Select targets that are policy-relevant Find practical links between outcomes and what people can do Management for governance: a hypothetical example The relationship between environmental governance and environmental management Implications for Public Sector Management Constraints and limitations How good is governance for the environment? The scope for practising governance Bureaucratic culture and accountability Advantages of governance Social equity Change management The limitations of politics? Politics and governance Table of Cases/ Table of Statutes/ Index 07 This book is a 'must read' for anyone involved in natural resources management: politicians, public servants and community leaders, and every student of natural resources, agriculture and the environment. It is a refreshingly honest analysis of the roles that politics, power, leadership, governance and conflict play in decision making. Importantly, it takes real case studies and highlights the lessons learnt, giving practical suggestions about what works and what doesn't. - Leith Boully, Chair, Community Advisory Council, Murray-Darling Basin Commission 07 There is now scientific consensus about what we need to do to restore our ecosystems, and in particular our rivers, to sustainability. The challenge is how do we apply this knowledge and understanding to produce the outcomes that are needed. Renegotiating the Environment is an original book, with some important messages about how to implement change. - Professor Peter Cullen, Environmentalist of the Year 2001, Chair, Wentworth Group of Concerned Scientists 07 Renegotiating the Environment provides a refreshingly sensible, persuasive and informed perspective on environmental management, policy and politics. By perceiving within environmental conflict the opportunity for creative environmental governance, Stewart and Jones offer managers, policy-makers and activists the prospect of finding avenues for negotiating positive outcomes. Nine compelling case studies, encompassing aspects of water management, forestry and urban development, give the analysis a thoroughly practical and contemporary flavour. At the same time, the book also gently but convincingly challenges common philosophical perceptions of environmental conflict. Renegotiating the Environment is clearly written and is reassuringly uncluttered by ideological presumptions. I recommend it strongly to managers, practitioners, activists on all sides of the debate, researchers, students and engaged citizens - indeed to anybody interested in moving forward towards an environmentally sustainable Australia. - Professor Andrew Parkin, Editor, Australian Journal of Political Science 07 What happens when a mining company wants to discharge millions of litres of salty water into a river from which farmers draw water for irrigation? This and other scenarios greet the reader in the opening paragraph of this book. Straight away the reader is assured that current and relevant case studies will be the focus of this book. The authors put forward strong arguments that politics can work for the good of the environment. … Any teacher who is teaching about issues in the geography classroom can draw a great deal from this book. … A most useful teacher reference. - Interaction (Geography Teachers Assocn of Vic Jnl), Vol 32(1), March 2004 07 A progressive and thought-provoking book pitched at influencing the contemporary arena of environmental negotiation in Australia. It is good to see an accessible, case-study based title that tries to assist our progress on key environmental issues by aiming to improve the efficiency of the critical political mechanics which often have to come before practical solutions. - ECOS No 118, January-March 2004 07 The authors of Renegotiating the Environment argue that, rather than seeing politics as an impediment, managers should learn to acknowledge, understand and use politics to generate better outcomes. They argue that environmental conflict creates opportunities for creative environmental governance, a new kind of management. A total of nine detailed case studies are analysed to offer practical guidance for implementing governance-based responses to environmental problems. … Stewart and Jones argue that more consensual (and hence more sustainable) solutions can be achieved by understanding the politics of self-interest that allows the energy and interests of groups and individuals to be harnessed rather than stifled. Their analytical documentation of nine examples demonstrates that negotiation of interests and balancing values is at the heart of making sustainable decisions. Renegotiating the Environment is a new and different way of approaching environmental problems. It is a ‘must read’ for anyone involved in natural resources: politicians, public servants, managers, scientists, community leaders, activists and students of planning and environment. - Claudia Baldwin, Aust Journal of Environmental Management, Dec 2004 04 01 http://www.federationpress.com.au/images/book/StewartJones.jpg 01 The Federation Press 200310 The Federation Press IP 20 medium medium 02 39.95 9781876861087 03 03 9781876861087 15 9781876861087 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781876861087 1 B01 Ian Kerridge Kerridge, Ian Kerridge 2 B01 Christopher Jordens Jordens, Christopher Jordens 3 B01 Emma-Jane Sayers Sayers, Emma-Jane Sayers 320 HP 12 VF 12 Y 01 Does reading poetry make you a better clinician? Can euthanasia be understood in terms of the meaning of a life? What is the moral and existential significance of life-threatening experiences? Australian surgeon, poet, philosopher and humanist, Miles Little addresses these and other fascinating questions in this collection of papers. Miles Little is one of the most original and engaging voices in contemporary medical ethics and philosophy. He ranges across the sciences and the humanities, creating hybrid fields of inquiry ("ethonomics"), interrogating orthodoxies and engaging different fields of human knowledge and experience. The papers in this collection were chosen by his readers, who also engage here with Miles Little's work in a short commentary that follows each paper. The range of the commentators reflects the breadth of Little's appeal and influence: academics and clinicians, philosophers and ethicists, novelists, public health practitioners and cancer survivors - each reflects, agrees or disagrees. Like Little's work itself, this Reader is an open and unfolding dialogue that includes many different perspectives. Commentators include: Murray Bail, Robin Downie, Nancy Dubler, Stan Goulston, Jill Gordon, Paul Komesaroff, Steve Leeder, Paul McNeill , Gavin Mooney and Bernadette Tobin 04 Foreword by The Hon Justice Michael Kirby AC CMG Introduction Ian Kerridge, Christopher Jordens and Emma-Jane Sayers PART 1: ETHICS IN MEDICINE Is there a distinctively surgical ethics? Commentaries by Michael Fearnside and Bernadette Tobin The fivefold root of an ethics of surgery Commentaries by Paul McNeill and Russell Gruen Does reading poetry make you a better clinician? Commentaries by Murray Bail, Jill Gordon and Stan Goulston Euthanasia and the meaning of a life Commentary by Roger Magnusson PART 2: PHILOSOPHY AND MEDICINE Assignments of meaning in Epidemiology Commentary by Alison Moore and Jason Grossman Better than numbers - a gentle critique of evidence-based medicine Commentaries by Rachel Ankeny, Les Bokey, Robin Downie, Steve Leeder, Melissa Sweet, Rob Simons and Natalie Gray Research, ethics and conflicts of interest Commentary by Nancy Dubler Logic, hermeneutics and informed consent see Commentary by Michael Carey On trust Commentary by Merrilyn Walton and Michael Carey Resource constraints and moral pressures see Commentary by Paul Gatenby Ethonomics Commentaries by Paul Gatenby and Gavin Mooney Discourse communities and the discourse of experience Commentary by Paul Komesaroff PART 3: ILLNESS EXPERIENCE AND SURVIVORSHIP Liminality: a major category of the experience of cancer illness Commentary by Heather McKenzie Survivorship and discourses of identity Commentaries by Phyllis Butow, Jane Cruikshank and Samantha Miles The skull beneath the skin Commentary by Mira Crouch Postscript by Martin Adson Miles Little: A select bibliography 07 Emeritus Professor Miles Little has had an illustrious career as a surgeon, academic, author, ethicist and philosopher. More than this he is a great humanitarian if this Reader sample of his work is indicative. … Professor Little depicts modern medicine as having lost the very values society expects of its practitioners - humane values. The outcome is a wholesale decline of public trust … His papers challenge current practices and orthodoxies. The ethics of surgery, euthanasia, research funding, treating cancer survivors - all are dissected. Little sees a profound dichotomy at the heart of modern medicine: a reductionist, as opposed to a wholistic approach to illness and care in our society – a search for objectivity, which is part of the problem not the solution. … Added attractions in this Reader are commentaries by an assortment of authors, including Little’s peers, sociologists, ethicists, even a poet. The range of writers is not surprising when Little’s own sources are appreciated. He moves with ease through the ideas of a who’s who of philosophers, ancient and modern, linguistic scholars, scientists, theoretical sociologists, and the so-called post-modernists of our time. His commentators sometimes agree, sometimes disagree with him. Chapter 6 subtitled “A gentle critique of evidence-based medicine” (EBM) should be mandatory reading for medical litigation lawyers. Little portrays EBM as having reached cult status. He then demolishes its claims as paternalistic, arrogant, and yet to show validity. EBM’s purpose is to benefit doctors, not patients, and it encourages defensive medicine, which diminishes patient care. It replaces professional judgment with treatment protocols, which become ’the gold standard’ and form the career path for lawyers in an adversarial system where the distinction between legal and moral is often ignored. But, as Little notes, the ‘truth’ about what constitutes ‘best’ treatment can shift radically every few years, a point taken up gleefully by commentator Professor Stephen Leeder in predicting EBM will go under to “the current epidemic of genetic reductionism”. Importantly, Little does not just expose the weaknesses of the system. He aims to reconcile rather than entrench division. The crux of this Reader is that modern medicine is greedy, fallible, dishonest and driven by vested interest, but his writing is a plea for change, with constructive proposals to effect it. … You will not be the same after reading this book. The insights are at once of the 21st century and timeless. Justice Michael Kirby’s foreword notes a personal family experience with Professor Miles Little. To his Honour, Little’s work evidences the love of human beings at the heart of human dignity and universal human rights, which is the root of ethics, especially perhaps bioethics. Little’s clarion call is for the restoration of exactly those humane values to medicine by rebalancing science and ethical values. Let us hope that what Little fears and calls ‘moral indeterminacy’ does not instead prevail. - Angela Mende, NSW Law Society Journal, Dec 2004 04 01 http://www.federationpress.com.au/images/book/Kerridge.JPG Desert Pea Press 01 The Federation Press 200308 The Federation Press IP 20 medium medium 02 39.95 9781862874770 03 03 9781862874770 15 9781862874770 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874770 A01 Brenda Morrison Morrison, Brenda Morrison 270 JD 12 Y 12 J 01 Restoring Safe School Communities: a whole school response to bullying,violence and alienation introduces a whole school approach to addressing the problems of bullying and violence in schools. Author Brenda Morrison proposes a continuum of responsive and restorative practices for building safe school communities. The first, most proactive, level of practices aims to develop all students’ social and emotional competencies, to enable students to resolve their differences in caring and respectful ways. The second level of practices widens the circle of care around the participants. Typically this level of response occurs when the problem has become more protracted or has involved (and affected) a larger number of people, and involves other members of the school community stepping in to assist in the resolution of the conflict or concern. The third and final level of practices involves the participation of an even wider cross-section of the school community, including parents, guardians, social workers, and others who have been affected. This tertiary level of intervention is normally only used for serious incidents within the school. Morrison explains the thinking behind the suggested responses and shows how they can be implemented by practices such as a responsible citizen program and restorative justice circles and conferences. 02 Restoring Safe School Communities introduces a whole school approach to addressing the problems of bullying and violence in schools. Author Brenda Morrison proposes a continuum of responsive and restorative practices for building safe school communities. 04 Introduction: Safe school communities Bullying, violence and alienation Alienation, shame and humiliation Beyond ignorance, bandaids and zero tolerance Restorative Justice Responsive regulation Practicing restorative justice in schools: The evidence Responsive implementation, sustainability and development: A regulatory framework Reflections and revelations on being responsive and restorative Appendix 1: Principles of restorative justice: As applied in a school settingAppendix 2: Responsible citizenship program: Building respect, consideration and participation in schools ReferencesIndex 07 This book represents educational innovation in the philosophy of restorative justice, an approach that enables us to be more responsive and more restorative to the needs of those affected by bullying and violence. The contribution of this book occurs both at the level of how to better meet the individual needs of students and how to transform institutions to accomplish this. It is path breaking in illuminating the hopes and hazards of the journey to building safe schools and communities." - Professor John Braithwaite, Australian National University 04 01 http://www.federationpress.com.au/images/book/Morrison.jpg 01 The Federation Press 20070320 The Federation Press IP 20 medium medium 02 49.95 9781862874923 03 03 9781862874923 15 9781862874923 BC Law, Ethics and Public Affairs Series http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874923 1 B01 Wayne Hudson Hudson, Wayne Hudson 2 B01 AJ Brown Brown, AJ Brown 256 JP 12 HB 12 Y 01 The Australian system of government is now over a century old. The country has changed out of all recognition; does the structure of government need change also? Restructuring Australia provides accessible accounts of current debate on three key issues: regionalism, republicanism and reform of the nation-state. Leading commentators from across the political spectrum ask the fundamental questions: what do Australians want and need from their system of government and what role will structural reform play in delivering this vision in the twenty-first century? The first section of the book examines whether Australia, as a nation, has the right territorial structure of government. Should we have more or fewer or different States? Or is Australia’s current federal constitutional structure still appropriate despite the modern shape of Australian regionalism? The second theme is the role Australians want for their official head-of-state: who should be head-of-state, what relationship should they have with the Australian people, and what process should be involved? The final section considers where Australia’s structure of government stands in relation to the outside world. It analyses how Australia’s structure of government is performing in light of worldwide changes in the role of the nation-state, and asks how structural reforms might help the Australian nation-state to operate in a globalising world. Contributors: Tony Abbott, Geoffrey Blainey, David Flint, Brian Galligan, Ian Gray, Linda Hancock, Reuben Humphries, Chris Hurford, Mark McKenna, Allan Patience, Charles Sampford, Cheryl Saunders, Jim Soorley, George Winterton, Klaas Woldring. 04 Restructuring Australia AJ Brown and Wayne Hudson Part I Regionalism Regionalism: an introduction AJ Brown What is regionalism? Ian Gray Why every major region should be its own State Geoffrey Blainey Do we need a federal system? The case for abolishing State governments Jim Soorley A republican federation of regions: re-forming a wastefully governed Australia Chris Hurford The constitutional framework for a regional Australia Cheryl Saunders Part II Republicanism Republicanism: an introduction Wayne Hudson Australian republicanism, sovereignty and the States David Flint The republic, democracy and reconciliation Mark McKenna A maximalist republic: achieving constitutional change by a strategic, participative process Klaas Woldring A model for electing the Australian president George Winterton Political parties and constitutional change Brian Galligan Part III Reform of the Nation-State Reform of the nation-state: an introduction AJ Brown Globalisation, identities and the Australian nation-state Wayne Hudson Restructuring Australia: from economic to social to political change Linda Hancock Responsible federalism Tony Abbott From One Nation to new nation: Australian federalism in a globalising world Allan Patience Go global, think local: rethinking national constitutions in the age of globalisation Charles Sampford and AJ Brown Regionalism, republicanism and the role of the nation-state: a young person’s perspective Reuben Humphries Index 07 This collection of essays is a timely reminder that, notwithstanding the dormancy of the republic question since the referendum of 1999, issues relating to Australians’ ‘political aspirations, social needs and economic potential’ (p. 2) require national debate. Organised in three sections concerned with regions, a republic and institutional adaptation to globalisation, it brings together contributions from a range of stakeholders: political figures, constitutional lawyers, historians, academics and student activists. Chapters are short (on average a dozen pages) and businesslike, presenting each author’s views with minimal jargon and optimal clarity. - Reviews in Australian Studies No 1, March 2006 07 This lively and timely book seeks to explore the options and consequences for structural institutional change by addressing three fundamental questions. First, what is the spatial or territorial structure of Australian government? Five contributors examine regionalisation through a variety of perspectives, ranging from Geoffrey Blainey’s call for each major region to become its own State to Cheryl Saunders’ analysis of the implications of regional governments for constitutional change. Secondly, who is in charge and how should the head-of-state relate to Parliament, the Government and the citizenry? Under the rubric of ‘Republicanism’ a further five contributors from vastly divergent disciplines and philosophical backgrounds (David Flint, for example, is juxtaposed with Mark McKenna) exemplify the tension between the defenders of Australian traditions of conservative legalism to the more progressive advocates of a participatory process to effect change. The third section of the book discusses reform of the nation state against the background of the rapid changes associated with contemporary globalisation. Again viewpoints are sharply varied. Tony Abbott MHR argues for the strengthening of an already centralised structure, while Allan Patience believes the current federal structure is increasingly fragmented, ramshackle and anachronistic and suggests Richard Falk’s model; of ‘globalisation from below’ is the answer. The book therefore fulfils its main aim of exploring different ways of thinking about when change might be needed and different ways that our society deals with its options. - Australian Historical Studies, 126, 2005 07 Want a better world? Why not start with a better Australia? Indeed, why not start with this edited collection of ideas for a better Australia? … This fresh contribution to public debate packs quite a punch. - Canberra Times, 7 September 2004, 8 07 This book is a collection of 17 short essays on three interrelated themes – regionalism, republicanism and reform of Australia’s federal system of government. Some conservative views are represented … [but] most of the essays involve quite interesting explorations of more progressive possibilities for reform. Particularly worthwhile are chapters on the nature of regionalism (by Ian Gray), on the case for abolishing State governments (Jim Soorley), and a proposal for replacing them with more numerous regional governments (Chris Hurford). Other chapters usefully stress the history and problems of our existing federal arrangements (Geoffrey Blainey, Allan Patience), the general case for embracing social and political change (Linda Hancock) and the possibilities for a progressive regionalist response to globalisation (Charles Sampford and AJ Brown). Among the chapters in the section of the book dealing with the issue of republicanism, the cautious assessment (by Brian Galligan) of previous attempts at constitutional change contrasts with the bold assertion (by Klaas Woldring) of the case for achieving a ‘maximalist republic’ through a strategic participative process. Overall, the book is a compendium of views on possible changes to governance in Australia that are consistent both with the pressures of globalisation and the interests of a citizenry with roots in local communities. It throws up challenging ideas for reform. - Journal of Australian Political Economy 04 01 http://www.federationpress.com.au/images/book/HudsonBrown.JPG 01 The Federation Press 20040524 The Federation Press IP 20 medium medium 02 39.95 9781862874145 03 03 9781862874145 15 9781862874145 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862874145 1 A01 Nick O'Neill O'Neill, Nick O'Neill 2 A01 Simon Rice Rice, Simon Rice 3 A01 Roger Douglas Douglas, Roger Professor Douglas 2 800 LX 12 YH 12 Y 01 This new edition of Retreat from Injustice has the strengths and style of its predecessor: the account of human rights in Australia is firmly grounded in historical and international contexts; the availability and limitations of rights and freedoms are clearly detailed and illustrated with cases; and a particular spotlight is placed on key current human rights issues including terrorism, indigenous issues and asylum seekers. 04 From natural law to human rights Sources of human rights law in Australia Explicit constitutional human rights in Australia Implied constitutional rights The common law and human rights International protection of human rights Implementation of international human rights in Australia Liberty and security of the person Fair trial Treatment of persons in custody Terrorism Freedom of assembly Freedom of association Freedom of speech, expression and the media Censorship Contempt of court Defamation Anti-discrimination law Indigenous Australians and the legal system Indigenous Australians and the criminal justice system Indigneous land rights Indigenous Australians’ right to customs and cultural heritage Migrants, refugees and asylum seekers Table of Cases/ Table of Statutes/ Index 07 a useful resource for anyone who has an interest in the area of human rights, especially legal practitioners, students and politial commentators. - The Catholic Weekly, October 21, 2007 07 [The authors’] intention is one of examining ‘how and the degree to which universally accepted human rights are enforced in Australian law.’ (p 26). That the book achieves this end cannot be questioned. It is a carefully structured, highly detailed and exceptionally well referenced consideration of the historical progession of the definition and protection of human rights, both on the international stage and in Australia (to which they devote three-quarters of the book). For the generalist such as myself, the potted history of human rights law in chapter 1 was actually fascinating reading … From the Magna Carta to the 1948 UN Universal Declaration of Human Rights, the authors weave a story that is both factual and discursive. … At the end of the first 212 pages of solid reading, … there is no doubt the reader will be informed to the extent of being able to conduct an intelligent debate about Australia’s position on human rights. … The remainder of the book appears to be more for the specialist. If you are interested or work in the equal opportunity, indigenous rights, or immigration arenas there is plenty here for you … - Public Administration Today, July-October 2005 07 Retreat from Injustice offers an incisive analysis of the effectiveness (or perhaps ineffectiveness) of the mechanisms to protect human rights in Australia. It raise the fundamental question of how rights can best be protected in Australia and reveals, at least to this reader, the stark inadequacy of the current methods. … Let’s hope the next edition will be able to bring some good news. - UNSW Law Journal, Vol 27(3) 2004 07 Reviews of 2nd edition Just got hold of a copy of your book and have read about 3 chapters so far. It's good, in fact it's very good. It fills a number of holes in available literature and provides some useful summaries of things I have not had time to comprehensively look at eg current use of Magna Carta, 1688 Bill of Rights etc. Congratulations to you and your fellow writers. - Simeon Beckett, Barrister 07 Indications of the research value of this book to students, practitioners and to those dedicated to improving human rights can be found in the 19 pages devoted to cases; the 18 pages devoted to statutes; and the 14 pages of general index, quite apart from the copious footnotes. … At 1c a page this book is worth every cent of the $85 recommended price. - Ian Mathews, Unity No 394 (3 September 2004) 07 Reviews of 1st edition This is a practical book for lawyers. … It shows how, with obvious failings and imperfections, common and statute law in Australia have combined to provide, at least for the majority of orthodox citizens, a high measure of legally protected freedoms. On the other hand common and statute law have fallen down, as the book demonstrates, in the protection of the rights of women and of sometimes unpopular minorities such as Aborigines, migrants and refugees, demonstrators, unconventional people, gays and prisoners. - The Hon Justice Michael Kirby, Australian Journal of Human Rights 07 … could be termed the first black letter volume on human rights ever published in Australia. The information contained within its 500 pages is quite staggering. There are references to every conceivable item of legislation or case law relevant to human rights in Australia. As a resource it may well prove to be peerless. - Gerry Simpson, Melbourne University Law Review 07 A valuable addition to human rights discourse in Australia - Brian Opeskin, Sydney Law Review 07 … highly recommended. It is an important book [which is] … likely to stimulate the interest of the reader. - Professor George Williams, Public Law Review 07 [A]n invaluable text not just for students but for commentators on politics and civil liberties. - James Griffin, Eureka Street 07 [V]ery well written and reader-friendly … comprehensively documented and … contains a wealth of information. - Mort Stamm, Prima Facie 07 [C]lear, concise and void of hyperbole. Case examples are plentiful and points generally are eruditely substantiated. - Scott Hearnden, National Aids Bulletin 07 Retreat from Injustice is a major Australian study of the sources and application of human rights laws in this country. … It is a detailed work which covers almost all key aspects of Australian human rights. … an extremely impressive academic work … - Anna Ziaras, Victorian Bar News 04 01 http://www.federationpress.com.au/images/book/ONeillRiceDouglas2.JPG 01 The Federation Press 20040722 The Federation Press IP 21 medium medium 02 85.00 9781862876248 03 03 9781862876248 15 9781862876248 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876248 1 A01 Des Butler Butler, Des Butler 2 A01 Ben Mathews Mathews, Ben Mathews 288 JD 12 YH 12 L 12 Y 01 The legal environment in which schools operate and teachers work is increasingly intrusive. There are more statutes, more cases, more regulations, more departmental policies. The law is more complex and compliance is more difficult. Breaches are more serious, more heavily penalised and noisily publicised. In this book, Professor Des Butler and Dr Ben Mathews analyse the major legal issues confronting schools across Australia, and provide clear, accessible statements of the current legal principles involved. They enable readers to understand what the law is and how it is likely to apply in particular situations. Each chapter covers both legislation directly regulating schools, for example, the obligation on school staff to report suspected child abuse and neglect, and general statutes that apply in educational contexts such as discrimination laws. They also analyse the growing body of case law relating to incidents at schools or involving schools. The book uses an accessible, reader friendly style making it suitable for teachers, policy makers and the wider school community as well as legal practitioners. 02 In this book, Professor Des Butler and Dr Ben Mathews analyse the major legal issues confronting schools across Australia, and provide clear, accessible statements of the current legal principles involved. 04 Preface Table of Cases Table of Statutes Children’s Rights Duties of Care and Vicarious Liability Statutory Requirements for Child Safety Student Misconduct and Discipline Equal Opportunity Information and Privacy Index 07 ... The publication contains a number of very useful tables setting out statutory requirements across Australian jurisdictions relating to child safety, suspension and exclusion from school, general education and discrimination law. Given quoted statistics revealing an increasing number of exclusion and suspensions and incidences of bulying in the context of new technologies available to children, this publication will be of considerable importance to those entrusted with the care and education of children. It will help administrators and teachers develop appropriate policies and practices in the education system. At a direct price of $45.00 and a rrp of $49.95, the text is excellent value for anyone with an interest in the field. - Jann Taylor, November 2008 07 The publication contains a number of useful tables setting out statutory requiements across Australian jurisdications relating to child safety, suspension and exclusion from school, general education and discrimination law. Given quoted statistics revealing an increasing number of exclusions and suspensions and incidences of bullying in the context of new technologies available to children, this publication will be of considerable importance to those entrusted with the care and education of children. It will help administrators and teachers develop appropriate policies and practices in the education system. - Hearsay, The Journal of the Queensland Bar Association, November 2008 07 Butler and Mathew’s work should be compulsory reading for school authorities and departmental education policy makers. The extensive research that has been distilled into this book will make it a valuable tool for legal practitioners in this area. - Australian Law Librarian, Vol 15 No 4, 2007 07 This concise text by two Queensland University of Technology academics provides excellent analysis of the major legal issues confronting schools, principals, teachers and students throughout all Australian jurisdictions. ….. The text is written in an easy, reader friendly format and will be useful to teachers and principals as well as legal practitioners. - Victorian Bar News, Winter 2007 04 01 http://www.federationpress.com.au/images/book/9781862876248.jpg 01 The Federation Press 20070507 The Federation Press IP 21 medium medium 02 49.95 9780864693778 03 03 9780864693778 15 9780864693778 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9780864693778 A01 Kevin Downing Downing, Kevin Downing 106 Y 12 A 12 VS 01 Do you want to become a really good guitarist?Are you having trouble practising?Do you know what to practise?Is motivation a problem?This book has been written for you. The ways you think and practise are the keys to your level of success as a guitarist. The ideas in this book have been gathered over many years of the author's practising, performing and teaching as well as his knowledge of the practice habits of many highly successful guitarists. This book offers guitar players at all levels clear guidelines and effective techniques for achieving real progress quickly on the way to success. 04 How to Use this Book Introduction Starting Out Prerequisites Talent The Importance of a Good Teacher Motivation Reading Music or Tablature Equipment and Materials The Practice Room The Care and Repair of Your Instrument Finding and Creating Practice Materials Practice - General Tips The Six Things You Need To Practise Technique Learning a Repertoire Improving your Sight-Reading Ear-Training Theory General Knowledge Practice - More Advanced Tips List of Goals and the Practice Log How Much Practice? Keep Within Your Limits Listening How to Make Practising Fun Rhythm Guitar Using Your Time More Efficiently Improving Your Musical Memory Metronome techniques Look After Your Body Sing What you Play Mind Practice What is Improvisation? Tips for Learning Licks Transcribing A Sample Practice Schedule Performing Attitudes Confidence Getting More Gigs Performance Preparation Miscellaneous Examinations Networking Moving On Books to Add to Your Collection Publishers Afterword / Bibliography 04 01 http://www.federationpress.com.au/images/book/Downing.JPG 01 Dunmore (NZ) 200001 The Federation Press IP 20 medium medium 02 27.50 9781862873490 03 03 9781862873490 15 9781862873490 BC http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862873490 1 A01 Geoff McDonald McDonald, Geoff McDonald 2 A01 Marcus Lane Lane, Marcus Lane 272 RN 12 Y 01 The Wet Tropics is only a tiny fragment of the Australian landmass but it is of exceptional biological and human value. It is a productive region of great beauty containing unique refugial rainforest dating back to Gondwanaland. Much of the forest not cleared for agriculture and towns is now in a World Heritage Area. This book traces the evolution of human values, attitudes, uses and public policies affecting the Wet Tropics - from exploitative frontier attitudes and policies to longer term rational policies to protective conservation. The Wet Tropics, in miniat