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The proscription of organisations has long been a central feature of legal regimes aimed at the suppression of terrorism. Australia is no exception. Going back many decades, the Commonwealth government has sought to meet the threat of political violence through the proscription of related organisations. In the wake of the September 11 terrorist strikes against New York and Washington, renewed efforts were made for the proscription of organisations in many national jurisdictions (for example, the United Kingdom, United States and Canada) as well as at the international level (for example, through the United Nations and the European Union.
In Australia, the Commonwealth looked directly to the justifications offered by the United Kingdom’s Lord Lloyd of Berwick and Paul Wilkinson just a few years before. In their major Inquiry into Legislation Against Terrorism, Lord Lloyd and Wilkinson presented three principal rationales to explain the role of proscription in the prevention of terrorism: ease of proof; providing a basis for the criminalisation of fundraising and other activities of terrorist groups; and as a clear symbol of ‘public revulsion and reassurance that severe measures [are] being taken’.
A court's approach to non-parties, such as the amicus curiae and intervener, reflects its perception of its own larger role. The Supreme Courts of Canada and the United States, as well as the Constitutional Court of South Africa, have welcomed submissions from public interest organisations and others and have drafted Rules of Court to allow their participation in cases raising important issues of public policy. The South African Court has even solicited submissions from strangers to the litigation, such as academics, in order to broaden its perspective on a case arid on the consequences of any decision it might reach. The approach of these courts shows how each has embraced the roles of law-maker arid interpreter of an ambiguous constitution.
The High Court of Australia, on the other hand, frequently denies the amicus curiae and intervener any meaningful function. They are riot even mentioned in the Rules of Court. While it is true that the total number of interventions in the Court has increased over the last decade, the door has often been closed.
An essential feature of any democratic system is the holding of regular elections that lead to the creation of the government of a nation. It is often said that such elections should be ‘free and fair’. Some obviously fail this test. For example, observers, including representatives of the European Union (‘EU’) and the Commonwealth, found that in recent elections in Zimbabwe the number of polling stations was reduced in strong opposition areas, the body supervising the election was unqualified and the ruling party (Zanu-PF) used violence, intimidation, bribery and vote-rigging to secure re-election. Of course, elections need not be so blatantly violent or corrupt to fail the ‘free and fair’ standard. International observers and opposition parties have, for instance, criticised the recent Russian elections because the state run television station promoted the ruling party while criticising and defaming the challengers.
Members of the executive in Australia and other Westminster nations are traditionally appointed only from the ranks of parliamentarians, ostensibly to protect the principle of responsible government. However, there is a growing international trend in nations such as the United Kingdom for the appointment of ministers from outside of Parliament. This article examines the extent to which Australia's constitutional system can accommodate unelected members of a Commonwealth, State or Territory executive. This question is analysed from the perspective of the principle of responsible government and the text of Australia's various constitutional documents. The article also reviews existing practice in comparative jurisdictions and Australian law and practice in order to determine the form that such appointments might take.
The United States is said to be undergoing a republican revival. Republicanism is a political theory and philosophy that has become enmeshed in the debates surrounding United States constitutionalism. Commentators have argued for several different paradigms of republicanism. Frequently, support for a particular paradigm has been sought from an understanding of historical and modern political thought and, more significantly for our purposes, from the era that saw the birth of the United States Constitution.
The multifarious origins of, and many views on, republicanism, as well as the number of commentators moulding the concept to suit their own ends, make republicanism difficult to pin down. The core elements of modern republicanism may be taken to refer to a system of government by the people equally that seeks to achieve the common good through deliberation by political actors who act not in their own interest or the interests of their constituents but for the community as a whole. This is a far cry from the “militarist, elitist, religious, and sexist sentiments” historically displayed by republicanism.
Andrew Fraser has made a valuable contribution to the debate over the role of republicanism in Australia. He has raised an important, and generally ignored, question: would Keating's model for an Australian republic achieve a republican republic? A corollary of this is a further question: is it in any event desirable that an Australian republic be based upon the strong republicanism favoured by Fraser? On the former question, I would agree with Fraser that Keating's model would not imbue the Australian nation with Fraser's version of republicanism and that, if Fraser's version of republicanism were to be accepted, Australia would remain an unrepublican republic. However, as to the latter question, we would disagree. Fundamentally, I do not see Fraser's version of strong republicanism as being viable.
Fraser has significantly broadened the discussion of republicanism and has widened perceptions of what the ideology, for want of a better word, might encompass. However, while much of his criticism of my article, “A Republicanism Tradition for Australia?”, is explicable on the basis that he and I obviously share very different starting-points and approaches, I feel that he has misconstrued my argument in some respects.
This collection of articles, commentaries and book reviews, published here in the Federal Law Review, forms only the second symposium on electoral law published in Australia. Interest in how democratic choice is regulated and how elections are run – the rules of the game of electoral politics and the ways in which its dynamics intersect with those rules – is a staple of media debate and political science. Yet it is only beginning to emerge as a focus of sustained attention in the legal academy.
In the Australian and New Zealand common law tradition, the law governing elections in particular and democracy in general has been historically subsumed, and to a degree lost, under the broader rubric of ‘constitutional law’. In part this has been imposed from without; a product of the dicing up of the discipline of law into broad doctrinal categories to suit the legal profession, a practice perpetuated by the dictates of the admission rules. However, it has also been the consequence of academic neglect: an overlooking of the potential of the field by legal scholars.
Williams v Commonwealth of Australia is a landmark decision of the High Court on the scope of federal executive power in s 61 of the Constitution. The decision is also important for the interpretive methodology adopted by the Court. Notably, each judge based their understanding of s 61 upon federal readings of the Constitution. This methodology raises fresh questions about how the Constitution is to be interpreted, and whether Williams marks a break from orthodox understandings of that task. This article assesses the significance of Williams for constitutional interpretation in Australia, and whether it lays the foundation for a more robust protection of state interests by the High Court.
Free-recall verbal learning is analyzed in terms of a probability model. The general theory assumes that the probability of recalling a word on any trial is completely determined by the number of times the word has been recalled on previous trials. Three particular cases of this general theory are examined. In these three cases, specific restrictions are placed upon the relation between probability of recall and number of previous recalls. The application of these special cases to typical experimental data is illustrated. An interpretation of the model in terms of set theory is suggested but is not essential to the argument.
This study develops Markov Chain Monte Carlo (MCMC) estimation theory for the General Condorcet Model (GCM), an item response model for dichotomous response data which does not presume the analyst knows the correct answers to the test a priori (answer key). In addition to the answer key, respondent ability, guessing bias, and difficulty parameters are estimated. With respect to data-fit, the study compares between the possible GCM formulations, using MCMC-based methods for model assessment and model selection. Real data applications and a simulation study show that the GCM can accurately reconstruct the answer key from a small number of respondents.
A simplified method of obtaining sums of squares and sums of cross products by the use of punch card equipment is described. Application of the method has revealed several advantages, which are noted.
The Australian federation is built upon an enduring respect for the independence of the judicial arm of government. This is reflected in the principle that the judiciary should be kept separate from the legislature and executive. A practice seemingly at odds with these values is the appointment of senior judges to vice-regal offices. Despite this, the practice has attracted scant academic attention, and has never been challenged in the courts. In this article we examine the conferral of vice-regal roles on serving federal, state and territory judges. We ask, first, whether such appointments ought to continue to be made and, secondly, whether they are constitutionally permissible.
The judge, by the way, was the King; and, as he was wearing his crown over the wig … he did not look at all comfortable, and it was certainly not becoming.
– Lewis Carroll, ‘Alice's Adventures in Wonderland’.
We present the Sydney Radio Star Catalogue, a new catalogue of stars detected at megahertz to gigahertz radio frequencies. It consists of 839 unique stars with 3 405 radio detections, more than doubling the previously known number of radio stars. We have included stars from large area searches for radio stars found using circular polarisation searches, cross-matching, variability searches, and proper motion searches as well as presenting hundreds of newly detected stars from our search of Australian SKA Pathfinder observations. The focus of this first version of the catalogue is on objects detected in surveys using SKA precursor and pathfinder instruments; however, we will expand this scope in future versions. The 839 objects in the Sydney Radio Star Catalogue are distributed across the whole sky and range from ultracool dwarfs to Wolf-Rayet stars. We demonstrate that the radio luminosities of cool dwarfs are lower than the radio luminosities of more evolved sub-giant and giant stars. We use X-ray detections of 530 radio stars by the eROSITA soft X-ray instrument onboard the Spectrum Roentgen Gamma spacecraft to show that almost all of the radio stars in the catalogue are over-luminous in the radio, indicating that the majority of stars at these radio frequencies are coherent radio emitters. The Sydney Radio Star Catalogue can be found in Vizier or at https://radiostars.org.
We present the second data release for the GaLactic and Extragalactic All-sky Murchison Widefield Array eXtended (GLEAM-X) survey. This data release is an area of 12 892-deg$^2$ around the South Galactic Pole region covering 20 h40 m$\leq$RA$\leq$6 h40 m, -90$^\circ$$\leq$Dec$\leq$+30$^\circ$. Observations were taken in 2020 using the Phase-II configuration of the Murchison Widefield Array (MWA) and covering a frequency range of 72–231 MHz with twenty frequency bands. We produce a wideband source finding mosaic over 170–231 MHz with a median root-mean-squared noise of $1.5^{+1.5}_{-0.5}$ mJy beam$^{-1}$. We present a catalogue of 624 866 components, including 562 302 components which are spectrally fit. This catalogue is 98% complete at 50 mJy, and a reliability of 98.7% at a 5 $\sigma$ level, consistent with expectations for this survey. The catalogue is made available via Vizier, and the PASA datastore and accompanying mosaics for this data release are made available via AAO Data Central and SkyView.
Children hospitalised with severe malnutrition have high mortality and readmission rates post-discharge. Current milk-based formulations target restoring ponderal growth but not the modification of gut barrier integrity or microbiome which increases the risk of gram-negative sepsis and poor outcomes. We propose that legume-based feeds rich in fermentable carbohydrates will promote better gut health and improve overall outcomes. We conducted an open-label phase II trial at Mbale and Soroti Regional Referral Hospitals, Uganda, involving 160 children aged 6 months to 5 years with severe malnutrition (mid-upper arm circumference (MUAC) < 11·5 cm and/or nutritional oedema). Children were randomised to a lactose-free, chickpea-enriched legume paste feed (LF) (n 80) v. WHO standard F75/F100 feeds (n 80). Co-primary outcomes were change in MUAC and mortality to day 90. Secondary outcomes included weight gain (> 5 g/kg/d), de novo development of diarrhoea, time to diarrhoea and oedema resolution. Day 90 MUAC increase was marginally lower in LF v. WHO arm (1·1 cm (interquartile range (IQR) 1·1) v. 1·4 cm (IQR 1·40), P = 0·09); day 90 mortality was similar (11/80 (13·8 %) v. 12/80 (15 %), respectively, OR 0·91 (95 % CI 0·40, 2·07), P = 0·83). There were no differences in any of the other secondary outcomes. Owing to initial poor palatability of the LF, ten children switched to WHO feeds. Per-protocol analysis indicated a trend to lower day 90 mortality and readmission rates in the LF (6/60 (10 %) and 2/60(3 %)) v. WHO feeds (12/71(17·5 %) and 4/71(6 %)). Further refinement of LF and clinical trials are warranted, given the poor outcomes in children with severe malnutrition.
The impact of invasive species on biodiversity, food security and economy is increasingly noticeable in various regions of the globe as a consequence of climate change. Yet, there is limited research on how climate change affects the distribution of the invasive Asian citrus psyllid Diaphorina citri Kuwayama (Hemiptera:Liviidae) in Ghana. Using maxnet package to fit the Maxent model in R software, we answered the following questions; (i) what are the main drivers for D. citri distribution, (ii) what are the D. citri-specific habitat requirements and (iii) how well do the risk maps fit with what we know to be correctly based on the available evidence?. We found that temperature seasonality (Bio04), mean temperature of warmest quarter (Bio10), precipitation of driest quarter (Bio17), moderate resolution imaging spectroradiometer land cover and precipitation seasonality (Bio15), were the most important drivers of D. citri distribution. The results follow the known distribution records of the pest with potential expansion of habitat suitability in the future. Because many invasive species, including D. citri, can adapt to the changing climates, our findings can serve as a guide for surveillance, tracking and prevention of D. citri spread in Ghana.
Inhibitory control plays an important role in children’s cognitive and socioemotional development, including their psychopathology. It has been established that contextual factors such as socioeconomic status (SES) and parents’ psychopathology are associated with children’s inhibitory control. However, the relations between the neural correlates of inhibitory control and contextual factors have been rarely examined in longitudinal studies. In the present study, we used both event-related potential (ERP) components and time-frequency measures of inhibitory control to evaluate the neural pathways between contextual factors, including prenatal SES and maternal psychopathology, and children’s behavioral and emotional problems in a large sample of children (N = 560; 51.75% females; Mage = 7.13 years; Rangeage = 4–11 years). Results showed that theta power, which was positively predicted by prenatal SES and was negatively related to children’s externalizing problems, mediated the longitudinal and negative relation between them. ERP amplitudes and latencies did not mediate the longitudinal association between prenatal risk factors (i.e., prenatal SES and maternal psychopathology) and children’s internalizing and externalizing problems. Our findings increase our understanding of the neural pathways linking early risk factors to children’s psychopathology.
In July 2021, Public Health Wales received two notifications of salmonella gastroenteritis. Both cases has attended the same barbecue to celebrate Eid al–Adha, two days earlier. Additional cases attending the same barbecue were found and an outbreak investigation was initiated. The barbecue was attended by a North African community’s social network. On same day, smaller lunches were held in three homes in the social network. Many people attended both a lunch and the barbecue. Cases were defined as someone with an epidemiological link to the barbecue and/or lunches with diarrhoea and/or vomiting with date of onset following these events. We undertook a cohort study of 36 people attending the barbecue and/or lunch, and a nested case-control study using Firth logistic regression. A communication campaign, sensitive towards different cultural practices, was developed in collaboration with the affected community. Consumption of a traditional raw liver dish, ‘marrara’, at the barbecue was the likely vehicle for infection (Firth logistic regression, aOR: 49.99, 95%CI 1.71–1461.54, p = 0.02). Meat and offal came from two local butchers (same supplier) and samples yielded identical whole genome sequences as cases. Future outbreak investigations should be relevant to the community affected by considering dishes beyond those found in routine questionnaires.
The Upper Permian sedimentary successions in the northern Sydney Basin have been the subject of several stratigraphic, sedimentological and coal petrographic studies, and recently, extensive U-Pb zircon dating has been carried out on tuffs in the Newcastle Coal Measures. However, detailed petrographic and geochemical studies of these successions are lacking. These are important because a major change in tectonic setting occurred prior to the Late Permian because of the Hunter-Bowen Orogeny that caused the uplift of the Carboniferous and Devonian successions in the Tamworth Group and Tablelands Complex adjacent to the Sydney Basin. This should be reflected in the detrital makeup of the Upper Permian rocks. This study provides data that confirms major changes did take place at this time. Petrographic analysis indicates that the source area is composed of sedimentary, felsic volcanic and plutonic and low-grade metamorphic rocks. Conglomerate clast composition analysis confirms these results, revealing a source region that is composed of felsic volcanics, cherts, mudstones and sandstones. Geochemical analysis suggests that the sediments are geochemically mature and have undergone a moderate degree of weathering. The provenance data presented in this paper indicate that the southern New England Orogen is the principal source of detritus in the basin. Discrimination diagrams confirm that the source rocks derive from an arc-related, contractional setting and agree with the provenance analyses that indicate sediment deposition in a retroarc foreland basin. This study offers new insights on the provenance and tectonic setting of the Northern Sydney Basin, eastern Australia.
The aim of this research was to explore if exception reporting (ER) has improved the work life balance of junior doctors, and if safeguards proposed during junior doctors’ contract have helped doctors in raising concerns about unsafe work patterns or any missed training opportunities.
Methods
This study was reviewed and approved by the Health Research Authority (HRA). We reviewed the number and nature of exception reports completed by trainees between January 2017 and February 2020 by analysing the available ER data (obtained from Guardian of Safe Working) and explored perception of trainees and trainers about exception reporting (ER) by using semi structured and structured surveys. The target population included Core Psychiatry Trainees, GPVTS, Speciality Trainees, Foundation year Trainees and Consultant Psychiatrists.
Results
About 383 exceptions were reported between February 2017 and February 2020 by trainees in BSMHFT. Two separate surveys emailed to trainees and trainers (between December 2020 and July 2021) collected 35 responses from trainees and 22 from trainers.
80% of the trainees had not reported any exceptions in the last one year and 57.14% of the trainers never got involved in exception reporting. Main issues reported were working unsafe hours by trainees (15%), working beyond rostered hours (52.38%) trainers and (52.38%) trainees, failing to achieve educational goals (4.76%) trainers and (10%) trainees, impact on clinical supervision (4.76%) trainers. Reasons for failing ER “Too busy (58.06%), reporting makes no difference (29.03%), a culture to discourage exceptions (29.03%), didn't have logins (16.13%), did not know how to report (35.48%), other reasons. Time off in lieu (TOIL) was commonly reported outcome by trainees (69%) and trainers (62%). 62.07% trainees and 57.14% of trainers neither agreed nor disagreed that ER had improved the quality of training.
Trainees (43.67%) and trainers (58.82%) both did not think that TOIL had resulted in reduction in training time (never 44%). 51.74 % trainees neither agreed nor disagreed that ER made any improvement to their work life balance.
Conclusion
This is the first, mixed method, research looking at both exception reporting data and perception of trainees and trainers. Emerging themes for failure to exception report are guilt, self-blame, culture to discourage, too time consuming, busy workplace, not to offend, reflects being weak.
This research can have wider implications if applied across other trusts nationally, exploring emerging themes. Reasons for declining number of ER needs further exploring of trainees’ anxiety, regarding implications and repercussions of ER, impact of TOIL on continuity of care.