Australian Approach Research Articles

Gay men's HIV risk reduction practices: The influence of epistemic communities in HIV social and behavioral research.

Since the mid-1980s, Australian social researchers have investigated the sexual practices of gay men, describing those that protect men from HIV or put them at risk of infection. Ground-breaking (and controversial) publications have highlighted a variety of ways in which gay men protect themselves and their partners, including condom use and non-condom-based risk reduction strategies. HIV social research in Australia has been heavily influenced by a distinctive network of experts or epistemic community with shared principles and beliefs and a commitment to influencing policy and practice. This epistemic community has articulated a 'social public health' view of HIV that emphasises partnership, agency, understanding practices and reflexivity. This approach has clashed with those of other epistemic communities, notably around ideas of relapse and unsafe sex. This article uses the examples of negotiated safety and serosorting to illustrate this Australian epistemic community's approach to HIV risk reduction among gay men.

Directors' Liability for Fraudulent Phoenix Activity—A Comparison of the Australian and UK Approaches

Fraudulent phoenix activity is a matter of widespread concern in Australia following a 2009 Treasury Paper. While there is broad support for its eradication, there is little agreement on the means by which this may be achieved and a general reluctance to do anything that might adversely affect business. The UK has long had laws specifically designed to deal with phoenix companies that reuse the liquidated company's name, as well as a vigorous programme of director disqualification. This article compares Australia's existing and proposed laws to those in the UK. The incidence of fraudulent phoenix activity continues to grow in Australia despite corporate and taxation laws that apparently address it and in the absence of some of the characteristics existing in the UK that might nourish it: an active rescue culture and the availability of pre-packaged administrations. The article seeks to draw some conclusions of value to both countries.

Wildfire evacuation and its alternatives: perspectives from four United States’ communities

Recent years have seen growing interest within the United States fire management community in exploring alternatives to the standard approach of evacuating entire populations that are threatened by a wildfire. There has been particular interest in what can be learned from the Australian approach, whereby residents choose whether or not to evacuate under the ‘prepare, stay and defend or leave early’ approach, also called Stay or Go. Given these developments, it is useful to understand what elements are taken into consideration by those who would be most affected by a new approach when they think through the pros and cons of mass evacuation v. an alternative strategy should a wildfire occur. This paper reports on findings from interviews in four communities in the United States where some alternative to mass evacuation during a wildfire was being considered. In each community, emergency responders and community members were asked for their perspective on the pros and cons of evacuation and the alternative being considered. The results show that opinions were mixed on whether evacuation or an alternative approach was more appropriate. Individuals who were primarily thinking of improving safety and reducing uncertainty for emergency responders tended to think mass evacuation was the best approach, whereas those who were primarily thinking of increasing safety and reducing uncertainty for homeowners were more likely to think that alternative responses were a valid option. These findings demonstrate the complicated nature of developing evacuation strategies that are beneficial to all parties involved.

Protecting digital identity in the cloud: Regulating cross border data disclosure

Widespread use of cloud computing and other off-shore hosting and processing arrangements make regulation of cross border data one of the most significant issues for regulators around the world. Cloud computing has made data storage and access cost effective but it has changed the nature of cross border data. Now data does not have to be stored or processed in another country or transferred across a national border in the traditional sense, to be what we consider to be cross border data. Nevertheless, the notion of physical borders and transfers still pervades thinking on this subject. The European Commission (“EC”) is proposing a new global standard for data transfer to ensure a level of protection for data transferred out of the EU similar to that within the EU. This paper examines the two major international schemes regulating cross-border data, the EU approach and the US approach, and the new EC and US proposals for a global standard. These approaches which are all based on data transfer are contrasted with the new Australian approach which regulates disclosure. The relative merits of the EU, US and Australian approaches are examined in the context of digital identity, rather than just data privacy which is the usual focus, because of the growing significance of digital identity, especially to an individual's ability to be recognized and to transact. The set of information required for transactions which invariably consists of full name, date of birth, gender and a piece of what is referred to as identifying information, has specific functions which transform it from mere information. As is explained in this article, as a set, it literally enables the system to transact. For this reason, it is the most important, and most vulnerable, part of digital identity. Yet while it is deserving of most protection, its significance has been largely under-appreciated. This article considers the issues posed by cross border data regulation in the context of cloud computing, with a focus on transaction identity and the other personal information which make up an individual's digital identity. The author argues that the growing commercial and legal importance of digital identity and its inherent vulnerabilities mandate the need for its more effective protection which is provided by regulation of disclosure, not just transfer.

The Debt Maturity Issue in Access Pricing

There has been substantial debate and disagreement over the appropriate debt maturity used in determining the cost of debt for use in access pricing decisions in Australia. Some regulators have used a debt maturity corresponding to the length of the regulatory reset period (typically five years). Others have used a longer maturity based on the argument that the assets being financed are long‐lived. In this article it is demonstrated that under the current Australian approach, to meet the objectives of access pricing, the assumed debt maturity should be set equal to the term of the regulatory reset period. Whether practical debt management difficulties for access providers suggest that an alternative approach, placing more emphasis on their actual debt costs (as occurs in some other jurisdictions) should be considered, is also discussed.

Australian workplace health and safety regulatory approaches to prosecution: Hegemonising compliance

Enforcement of workplace health and safety regulations remains a contentious matter, especially in the context of Australia’s project to harmonise commonwealth, state and territory workplace health and safety legislation. This article presents the findings of a qualitative study investigating policies and practices associated with prosecution and enforcement in two Australian regulatory agencies, prior to harmonisation. The article finds that by 2008, both regulators had taken significant steps to render their enforcement policy and practice, particularly in relation to prosecution, more transparent and accountable to employers and the wider community. They produced detailed and publicly available enforcement policies and prosecution guidelines, reconfigured the work of the general inspectorate (confining it to routine workplace health and safety surveillance and the provision of education and advice to employers) and established a separate administrative unit responsible for investigation and prosecution. Both regulators structured prosecution processes to achieve explicitly technocratic outcomes, namely, enhanced efficiency, objectivity, timeliness, consistency and quality improvement in investigations. These processes went hand in hand with a dramatic decline in the use of prosecution in New South Wales from 2002 to 2010, and an uneven but marginal increase in Victoria for the same period. The article concludes by discussing what these findings might imply for workplace health and safety regulators’ approaches to prosecution and for deterrence under Australia’s new harmonised regime.

Regulatory reform requirements to address diffuse source water quality problems in Australia: learning from US experiences

There is opportunity to learn from over 50 years' experience in the US to tackle diffuse source water quality pollution in Australia. This article considers the effectiveness of current regulations using the state of Victoria as an example, and identifies changes needed. Regulations could be amended to improve clarity of objectives and broaden scope. An effective water quality regime is impeded by lack of clarity of institutional powers and responsibilities at national, state and regional levels, over-reliance on ‘soft’ policy approaches and a culture of planning. Australian approaches would benefit from improvements in institutional clarity and power, (particularly regulatory enforcement), adoption of a source-based approach, creation of a legal mechanism for linking point and diffuse sources, and a mechanism for holding governments accountable when they fail to perform mandatory regulatory duties. Critical elements also include setting effective performance goals around specific assets and effective progress management. Targeting and policy efficiency also need to be considered as part of the reform process because regulations can have high administration and compliance costs. Overall institutional and regulatory reform, sustained political commitment and outcome-focused accountability are needed to address diffuse source water quality problems in Australia.

Streamline, standardise, or specialise? Frameworks for regulation of unconventional resources in Australia

The growth in domestic and global demand for energy has encouraged the development of new and innovative sources of energy. In Australia, the coal seam gas (CSG) industry has been in the vanguard of these advances with significant investment already in place to develop major CSG projects in Queensland. This rapid rise has highlighted the potential for other unconventional resources with proponents now exploring for new resources, such as shale gas, across Australia. Governments have generally attempted to support the development of these new industries. Regulatory reform has addressed the bespoke regulatory issues presented by unconventional gas production particularly in respect of water, land access and co-existence with other industries. Despite this the onshore gas industry continues to face political uncertainty, community division and divergent regulatory responses. Industry has consistently called for regulatory reforms to address duplication, remove unnecessary costs and improve approval processes to speed project delivery and enhance project returns while maintaining robust environmental protection obligations. State and Federal governments have responded to these calls for action in varying ways. While there is much to approve of in each of these processes each presents specific issues and risks that must be considered before they are implemented or more broadly adopted. Therefore, the question arises: What is the best long-term regulatory approach for the sustainable development of Australia’s unconventional resources? This paper reviews existing Australian regulatory approaches and analyses how regulators, industry and the community can work together to develop and implement a regulatory framework that achieves their respective objectives.

Development of an Index to Measure Stakeholder Approaches toward Disasters in the Built Environment

Disasters jeopardize society, performance of economy, built environment, and other socio-economic and physical determinants not only in developing countries but also in developed nations. For example, every year Australian communities are subjected to the damaging impacts of disasters associated with climate change and sea level rise. Far little literature on disaster stakeholder management is present and even that has not scrutinized the concept in terms of stakeholder's proactive and/or reactive approaches toward disasters. In addition, there exists insufficient information and support for developing and application of measurement tools to assess stakeholder's responses to disasters. Hence, the aim of this study is to develop an index to measure Australian stakeholder's approaches - proactive and/or reactive - against disasters in transport infrastructure. The Stakeholder Disaster Response Index (SDRI) is a composite index that allows direct comparison of stakeholders’ approaches, and describes the relative contributions of socio-economic, built environment and stakeholder's attributes to that overall response. Results indicate that Australian Councils have chosen more reactive approaches than proactive tasks; moreover, stakeholder's attributes are significant factor contributing to the implementation of proactive and/or reactive approaches, even when controlling for contextual characteristics. The research concludes the anticipated benefits of SDRI for direct comparison of different stakeholder's approaches against disasters in society and the built environment. Such a comparison could be useful for governments, emergency institutions, and disaster management organizations as they allocate scarce resources among various stakeholders. Insurance and reinsurance companies could employ it as they plan their portfolio diversification and establish premiums for disaster insurance policies. Finally, it paves the way for stakeholders to have comprehensive plans for resilient built environment by taking more proactive approaches in disaster risk management.

Can we support diversity by performance measurement of European higher education institutions?

Apart from the production of knowledge by research activities the shaping of higher education systems and their institutions is associated with the socio-political task of guaranteeing the transfer of knowledge by academic teaching. Some recent and expected developments lead to the discussion of a more thoughtful handling of diverse (potential) student population: The anticipated shortage of skilled labour intensifies the discussion about teaching in the areas of science politics and university research. Although - for the time being - the total numbers of new students are increasing for various reasons, this has not been true for all regions of Germany (cf. Dohmen, 2010). Particularly, internationalisation and the process of admitting various target groups to university studies are suggested as possible solutions for cushioning the negative consequences of the demographic change.1 Both factors suggest that - to an ever more increasing degree - students with varying concepts and individual objectives, with different qualifications and capabilities will enter higher education institutions (HEIs). So, any discussion about the differentiation of the higher education system will imply at least two questions: Do we, firstly, expect any HEI to meet the specific needs of each and every student, or do we expect that starting from the differentiation between universities and universities of applied sciences there will be further types of HEIs, developing specific offers for specific target groups? And secondly, how will it be possible for us to take into consideration the consequences resulting from the choice of an institutional design, as to the successful graduation of the students of specific HEIs?In this essay2, we present two possible and already applied ways of recording the diversity of higher education systems at institution level and of taking such diversity into consideration, in terms of a performance rating. In the first section, we explain the underlying diversity concept. At the same time, we illustrate the connection between the differentiation of various types of HEIs, in particular between universities and universities of applied sciences, and the diversity of students using the German higher education system as an example. In the second section, we present a first option of recording institutional diversity developed in the European context: the so called U-Map classification3 of European HEIs, an example of the classification approach, in which HEIs are classified in different classes and/or types, following certain criteria. The third section introduces the Australian model which has been in use for more than a decade in Australia but has rarely been adopted in Europe. It provides a second and well-proven option of recording differences between HEIs. This option uses a performance-indicator based statistical balancing method which takes the composition of the student body into consideration. Based on the results, the HEIs are to be supported (financially) in order to be able to react adequately to the specific needs of their students, so that the latters' success in studying is made possible regardless of their individual qualifications (DETYA 1998). Weighting the pros and cons of the two presented approaches, we will discuss in section four if it might be worthwhile adapting the Australian approach to the German system.1. Diversity in the German higher education systemThe alternative approaches of describing the variety of HEIs and the subsequent fund distribution procedures, which are discussed in this article, are both based on the assumption that modern higher education systems need to fulfil a multitude of tasks for different target groups. For that reason, different types of institutions have been developed in higher education systems. Higher education systems are characterised by a more or less extensive institutional diversity.Institutional and/or external diversity in a higher education system is defined to be the degree of variance among the HEIs at a specific point in time, as opposed to internal diversity (van Vught 1996, p. …

Australian standards of care for cystic fibrosis‐related diabetes

Multiple guidelines have been published over the last few years for the diagnosis and management of cystic fibrosis (CF) and cystic fibrosis related diabetes (CFRD), although some of the recommendations are based on extrapolation from other forms of diabetes and/or expert opinions. This document seeks to combine the guidelines to provide an Australian approach to the management of CFRD and establish the guidelines within the Australian CF Standards of Care. It is intended that this document will provide assistance to doctors, nurses, dietitians, physiotherapists, diabetes educators and CF patients concerning the issues surrounding CFRD, and will be reviewed and updated in 2016.

The Australian Approach to Residential Footing Design on Expansive Soils

Expansive soils in semi-arid regions are of great concern to design and geotechnical engineers. Damage to residential buildings resulting from expansive soil movements has been widely reported in Australia. This paper describes the current practice in Australia, which includes the site classification, laboratory tests and residential footing design. A case study of a residential house damaged by expansive soils is also presented.

Applying a weed risk assessment approach to GM crops

Current approaches to environmental risk assessment of genetically modified (GM) plants are modelled on chemical risk assessment methods, which have a strong focus on toxicity. There are additional types of harms posed by plants that have been extensively studied by weed scientists and incorporated into weed risk assessment methods. Weed risk assessment uses robust, validated methods that are widely applied to regulatory decision-making about potentially problematic plants. They are designed to encompass a broad variety of plant forms and traits in different environments, and can provide reliable conclusions even with limited data. The knowledge and experience that underpin weed risk assessment can be harnessed for environmental risk assessment of GM plants. A case study illustrates the application of the Australian post-border weed risk assessment approach to a representative GM plant. This approach is a valuable tool to identify potential risks from GM plants.

Prognosis Critical: Resilience and Multiculturalism in Contemporary Australia

Prognosis Critical: Resilience and Multiculturalism in Contemporary Australia

Consumer Perceptions of Medication Warnings About Driving: A Comparison of French and Australian Labels

Objective: Little research has examined user perceptions of medication warnings about driving. Consumer perceptions of the Australian national approach to medication warnings about driving are examined. The Australian approach to warning presentation is compared with an alternative approach used in France. Visual characteristics of the warnings and overall warning readability are investigated. Risk perceptions and behavioral intentions associated with the warnings are also examined. Method: Surveys were conducted with 358 public hospital outpatients in Queensland, Australia. Extending this investigation is a supplementary comparison study of French hospital outpatients (n = 75). Results: The results suggest that the Australian warning approach of using a combination of visual characteristics is important for consumers but that the use of a pictogram could enhance effects. Significantly higher levels of risk perception were found among the sample for the French highest severity label compared to the analogous mandatory Australian warning, with a similar trend evident in the French study results. The results also indicated that the French label was associated with more cautious behavioral intentions. Conclusion: The results are potentially important for the Australian approach to medication warnings about driving impairment. The research contributes practical findings that can be used to enhance the effectiveness of warnings and develop countermeasures in this area. Hospital pharmacy patients should include persons with the highest level of likelihood of knowledge and awareness of medication warning labeling. Even in this context it appears that a review of the Australian warning system would be useful particularly in the context of increasing evidence relating to associated driving risks. Reviewing text size and readability of messages including the addition of pictograms, as well as clarifying the importance of potential risk in a general community context, is recommended for consideration and further research.

Driving construction contractors to adopt carbon reduction strategies – an Australian approach

This paper reports a study that examines the effect of some key drivers on the construction contractors’ adoption of carbon reduction strategies. An industry survey was conducted in Victoria, Australia, for data collection. Interviews with industry experts were conducted to validate the survey findings. The results indicate that most carbon reduction strategies are not being adopted in construction projects. Such findings are in line with scholars’ comments on the construction contractors as being apathetic to reduce carbon emissions. The findings further suggested levies on carbon emissions, rewarding schemes and training and education as the effective drivers of carbon reduction. This study contributes to a deeper understanding about driving contractors' behavioural change to achieve carbon reduction. This provides valuable insights into devising pragmatic measures to reduce carbon emissions in projects.

Commentary on Remond et al.

<b>Commentary on <scp>R</scp>emond <i>et al</i>.</b>

Native Title Litigation In Australia: Does The Judiciary Deliver On The Principal Objectives Defined By Mabo?

This article considers the origin and development of native title law in Australia since the Mabo decision. It examines native title litigation in the decisions of the Federal and High Court in an attempt to determine whether such litigation has delivered on the principal objectives defined by Mabo, or has moved forward. The aim of the article is to establish whether Mabo is simply a correction of history intended to bring Australia into line with the developments adopted by other jurisdictions, or whether it is a true ‘judicial revolution’. Finally, the article makes a critical and comparative examination of native title in the United States, Canada and New Zealand, which reveals that the Australian approach to native title is far removed from the flexible approaches of those other jurisdictions.

“The concepts are universal, it is the picture you paint that is different”: key issues for Indigenous Australian alcohol and drug residential treatment centres

Purpose – The purpose of this paper is to improve current evaluation designs for Indigenous Australian residential alcohol and drug treatment centres, by understanding the context of treatment in this modified TC context. The aim of the research is to present an analysis of the key features of treatment associated with four Indigenous Australian alcohol and drug treatment centres, as expressed by staff working in these centres. Design/methodology/approach – Ethnographic observations were made at each site between 2008 and 2009 with the first author attending treatment groups, education sessions, staff meetings and other events. The first author conducted informal conversational discussions with all programme staff and board members. In addition, 23 staff and 15 board members participated in a semi-structured interview with an emphasis on gaining views on the essential elements of residential alcohol and drug treatment, potential barriers to effective treatment delivery and “what works” in residential treatment. Findings – A number of key themes emerged, including the importance of the flexibility of programmes to include a wide variety of treatment approaches, the importance of culture (although defined differently) in the delivery of appropriate service, provision of safe spaces that allow for clients and staff interaction, the potential for improvement in the provision of effective client case management, the need to reduce job-related stress through staff professional development and organisational culture change and the need to address the difficulties experienced in the provision of effective aftercare. Originality/value – Currently, there is very little evidence related to Indigenous Australian approaches to the treatment of alcohol and drug misuse. The paper contributes to the understanding of the key features of treatment delivery, as identified by staff employed in drug and alcohol residential treatment. This understanding is vital so that government agencies can provide appropriate funding to areas of need for treatment services.

Shifting Interests: Whitlam, Britain and French Nuclear Tests in the South Pacific

This article focuses on the interaction between the Australian and British governments during the early 1970s over French nuclear testing in the South Pacific. It examines the considerations behind the Australian government's approach to Britain, and Britain's response to initiatives from Australia. Through the presentation of a case study demonstrating how Australia's Pacific interests and Britain's European concerns inevitably led to different perspectives, I argue that the policies of both countries were primarily determined by their consideration of regional geopolitical interests, rather than the lingering links of Empire.