Australian Approach Research Articles

International Dispute Resolution: Australian Perspectives and Approaches

International Dispute Resolution: Australian Perspectives and Approaches

Should the MFN within Investment Treaties Exclude Dispute Resolution? An Evaluation of the Australian Approach

International Investment Agreements (IIAs) frequently include Most-Favoured-Nation (MFN) clauses to multilateralise the treaty protections. During 2000 to 2016, some Investor-State Arbitral (ISA) tribunals have used the treatment to bypass various procedural prerequisites to arbitration including the requirement to litigate in the domestic forum of the host state before arbitration. The tribunals have done so by using MFN to import more favourable Dispute Settlement Provisions (DSPs) from other treaties. While such use of MFN benefits the investors, it limits the power of the domestic courts of the host state. Globally, to address the issue, some countries have recently reformed their IIAs by excluding DSPs explicitly from the scope of MFN. In the global context mentioned above, this Article examines the approach taken by Australia to deal with the issue. The Article finds that, while some countries are moving towards a narrower MFN which excludes DSPs, Australia is following a case-by-case approach. The Article argues that Australia should maintain the status quo since the current approach is the most suitable to the economic policies of the country.

Australia's Approach to GST Administration

It is with some reserve that I outline the Australian approach to GST administration. I say reserve, because the Australian tax administration is indebted to many tax administrations represented at this 20 year review of the New Zealand GST system. When we introduced the GST into Australia, we looked at GST systems around the world in our quest for best practice. We did not invent the wheel but took what we could from many administrations and made it our own. This paper shares our experience with you - where we have come from, how we do our business, how we are going, and where we hope to be.

Sexual harassment training: explaining differences in Australian and US approaches

Sexual harassment (SH) is an increasingly prominent issue for organisations across the Asia Pacific. However, despite the costs of SH, there has been little consideration of why approaches to SH training vary so widely across countries. We report findings from two national surveys that document the prevalence and characteristics of SH training in Australian and US organisations. Results indicate that training was more prevalent in US organisations. We also examined whether differences in provision and type of training across the two countries was a function of differences in practitioner knowledge about training (a knowing gap) or the ability to use training best practices (a doing gap). There was some evidence of a doing gap reflecting differences in resource availability across the two countries. Findings suggest that practitioners in US organisations have access to more training resources, and are more likely to devote those resources to SH training.

HIV and AIDS: An overview of the current issues, treatment and prevention.

The theme of World AIDS Day 2017 is 'let's end it'. After almost 40 years since the first occurrences of human immunodeficiency virus (HIV), it is possible to envision an end to the HIV epidemic, one of the most serious health and development challenges humanity has faced. This article provides an overview of the current approaches to the treatment, care and support of people living with HIV and acquired immune deficiency syndrome (AIDS). It also discusses the challenges associated with HIV and AIDS that remain, HIV prevention strategies, and the nurse's role in caring for people living with HIV. It outlines the Australian partnership approach to HIV, which provides a background for reflection on the response to HIV and AIDS in the UK and worldwide.

Psychological Treatment of Co‐occurring Anxiety Disorders in Clinical Practice: A Vignette Study

Background and ObjectivesMany individuals with anxiety difficulties present with co‐occurring anxiety disorders yet no evidence‐based guidelines exist on how to treat this presentation. The present study investigated how Australian psychologists approach treating co‐occurring anxiety disorders.MethodsA total of 169 psychologists practicing in Australia undertook an online survey consisting of open‐questions relating to the treatment of DSM‐IV anxiety disorder diagnoses and reported practice in relation to two clinical vignettes. Participant responses were coded using a directed content analysis approach.ResultsThe majority of psychologists reported utilising cognitive behaviour therapy (CBT) interventions in the treatment of single and co‐occurring anxiety disorders but not specific evidence‐based treatment guides or protocols. The majority of the psychologists surveyed reported that they adopt a transdiagnostic approach to addressing co‐occurring anxiety disorders.ConclusionsPsychologists typically do not follow a specific treatment guide in the treatment of anxiety disorders and judge a transdiagnostic approach incorporating CBT techniques as the best way to treat comorbidity. More effort may be needed to disseminate evidence‐based interventions for anxiety disorders and for authors of empirically supported treatments to provide clear guidelines regarding treating co‐occurring anxiety disorders.

Teleological versus Non-Teleological Perspectives in Financial Statement: The Debate between Chambers and Onida

ABSTRACTThis paper examines the scientific debate that took place in 1973 in the journal Rivista dei Dottori Commercialisti (Italian Journal of Chartered Accountants) between Pietro Onida and Raymond J. Chambers concerning the nature of financial statement information. Our research revealed that Onida was the advocate of a teleological theory of the financial statement, whereas Chambers supported the perfect neutrality of accounting information. Going back to theoretical precedents, the thoughts of the two scholars have different ontological and epistemological assumptions. If, ontologically, Chambers conceives reality as unique and objective, being inspired by the neopositivism of the “received view,” Onida admits the existence of multiple realities by adopting an interpretivist perspective. Epistemologically, the Australian scholar approaches accounting as a pure science by leveraging its deductive moment rather than empirical recognition, whereas the Italian author conceives accounting as an “application science” and adopts a method where the inductive approach prevails.JEL Classifications: M40; M41; M49.

The Use of Non-Court Based Corporate Rescue Does the Australian Voluntary Administration Procedure Provide a Model for China?

In the recent international history of insolvency law reform, the reform of corporate rescue and restructuring has been an on-going project. In China, the enactment of the 2006 Enterprise Bankruptcy Law saw the introduction of a bankruptcy reorganization procedure that incorporates the debtor-in-possession model found in Chapter 11 of the US Bankruptcy Code. However, the Chinese corporate rescue procedure has been significantly underused due in part to various drawbacks associated with this court-based and highly politicized process. This paper explores the possibility of reforming China’s current corporate rescue regime by drawing upon the Australian voluntary administration (VA) procedure. Found in Part 5.3A of the Corporations Act 2001(CTH), this latter procedure was designed to provide a relatively swift, inexpensive and flexible corporate rescue mechanism for companies in financial distress. It comprises a non-court based mechanism under the control of one or more professionally qualified private administrators. It is interesting to note that the UK also moved away from exclusive reliance upon court-based administration procedures following the passage of the Enterprise Act 2002. This moved the UK closer to the Australian practitioner-dominated approach to corporate rescue. This paper argues that the addition of VA-style procedure to China’s current corporate rescue regime may be needed as China develops its market economy based on the rule of law.

Consumer Concerns Relating to Food Labeling and Trust—Australian Governance Actors Respond

This study aims to report and critically analyze the responses of governance actors to a set of consumers' concerns relating to food labeling, and by doing so describe how these actors construct both consumer perspectives and the food policy environment in which they work. Fifteen food‐labeling governance actors in Australia and New Zealand were asked to view an online presentation of the findings from a previous study exploring consumer perspectives on food labeling and trust before completing a one‐hour, in‐depth, semi‐structured interview. Colebatch's social constructionist perspective on policy was adopted in the analysis. Participants used their own constructions of Australian food policy, the role of labeling and consumer trust as a means to minimize the consumer concerns. Inadequate critical engagement with the moral dimension of consumer concerns is a core driver of the inertia demonstrated in the Australian government's approach to addressing consumer concerns regarding food matters.

The new meritocracy or over-schooled robots? Public attitudes on Asian–Australian education cultures

ABSTRACTThe academic success of Asian–Australian students has become increasingly visible over the last decade. They are over-represented in high-performing schools, gifted and talented programmes and prestigious university courses. These achievements have generated both admiration and anxiety. Congratulatory voices depict Asian–Australians as a model minority, whose work ethic promises to enhance Australian schooling and propel the nation’s meritocracy forward. Anxious voices worry about the escalation of a competitive culture, symbolised by excessive coaching and the ‘tiger parenting’ of Asian migrants. This paper examines the divided public attitudes on Asian–Australian education cultures through a discourse analysis of several hundred online comments posted in response to newspaper stories on ‘Asian success’ over the last five years. It identifies two competing discourses underlying these opinions: firstly, a pro-meritocratic, neo-liberal discourse, in which Asian–Australians embody the competitive spirit and aspiration required in a globalised economy, and secondly, a discourse of Asian–Australians as inauthentic learners whose excessive focus on schooling threatens the traditionally relaxed Australian approach to childhood and education. While these two discourses differ in their evaluation of Asian–Australian students, both share a culturally essentialist framework that explains educational outcomes in terms of ‘culture’. The paper analyses the racial politics of this cultural essentialism.

Flood loss modelling with FLF-IT: a new flood loss function for Italian residential structures

Abstract. The damage triggered by different flood events costs the Italian economy millions of euros each year. This cost is likely to increase in the future due to climate variability and economic development. In order to avoid or reduce such significant financial losses, risk management requires tools which can provide a reliable estimate of potential flood impacts across the country. Flood loss functions are an internationally accepted method for estimating physical flood damage in urban areas. In this study, we derived a new flood loss function for Italian residential structures (FLF-IT), on the basis of empirical damage data collected from a recent flood event in the region of Emilia-Romagna. The function was developed based on a new Australian approach (FLFA), which represents the confidence limits that exist around the parameterized functional depth–damage relationship. After model calibration, the performance of the model was validated for the prediction of loss ratios and absolute damage values. It was also contrasted with an uncalibrated relative model with frequent usage in Europe. In this regard, a three-fold cross-validation procedure was carried out over the empirical sample to measure the range of uncertainty from the actual damage data. The predictive capability has also been studied for some sub-classes of water depth. The validation procedure shows that the newly derived function performs well (no bias and only 10 % mean absolute error), especially when the water depth is high. Results of these validation tests illustrate the importance of model calibration. The advantages of the FLF-IT model over other Italian models include calibration with empirical data, consideration of the epistemic uncertainty of data, and the ability to change parameters based on building practices across Italy.

Implementation in action: how Australian Exercise Physiologists approach exercise prescription for people with mental illness

Background: Accredited Exercise Physiologists (AEPs) are trained to deliver exercise and physical activity interventions for people with chronic and complex health conditions including those with mental illness. However, their views on exercise for mental illness, their exercise prescription practices, and need for further training are unknown.Aims: To examine the way in which Australian AEPs prescribe exercise for people with mental illness.Methods: Eighty-one AEPs (33.3 ± 10.4 years) completed an online version of the Exercise in Mental Illness Questionnaire. Findings are reported using descriptive statistics.Results: AEPs report a high level of knowledge and confidence in prescribing exercise for people with mental illness. AEPs rate exercise to be at least of equal value to many established treatments for mental illness, and frequently prescribe exercise based on current best-practice principles. A need for additional training was identified. The response rate was low (2.4%) making generalisations from the findings difficult.Conclusions: Exercise prescription practices utilised by AEPs are consistent with current best-practice guidelines and there is frequent consultation with consumers to individualise exercise based on their preferences and available resources. Further training is deemed important.

Mental Health and Criminal Charges: Variation in Diversion Pathways in Australia

Mental health and criminal justice legislation must provide the appropriate mechanisms for ensuring the assessment and care of mentally ill individuals. It must also balance the right to justice of these individuals with the rights of the community. In Australia, each jurisdiction has its own legislative provisions related to mental health, criminal legislation and sentencing, with variation in the mental health diversion options that are available. This article uses a national survey of court liaison services and mental health courts in Australia and a review of the relevant legislative frameworks to compare jurisdictional approaches to mental health diversion. Despite calls from the National Mental Health Commission for consistency, the Australian approach to the provision of mental health services to people in the criminal justice system is heterogeneous and piecemeal. Variation in the diversion pathways available to individuals with mental illness exists across Australia. The presence of problem-solving courts in some, but not all, jurisdictions results in differences in access to legal and treatment options.

The Use of Noncourt-Based Corporate Rescue: Does the Australian Voluntary Administration Procedure Provide a Model for China?

In the recent international history of insolvency law reform, the reform of corporate rescue and restructuring has been an ongoing project. In China, the enactment of the Enterprise Bankruptcy Law 2006 saw the introduction of a bankruptcy reorganisation procedure that incorporates the debtor-in-possession model found in Chapter 11 of the US Bankruptcy Code. However, the Chinese corporate rescue procedure has been significantly underused due in part to various drawbacks associated with this court-based and highly politicalised process. This paper explores the possibility of reforming China's current corporate rescue regime by drawing upon the Australian voluntary administration procedure. Found in Part 5.3A of the Corporations Act 2001 (Cth), this procedure was designed to provide a relatively swift, inexpensive and flexible corporate rescue mechanism for companies in financial distress. It comprises a noncourt based mechanism under the control of one or more professionally qualified private administrators. It is interesting to note that the UK also moved away from exclusive reliance upon court-based administration procedures following the passage of the Enterprise Act 2002. This moved the UK closer to the Australian practitioner-dominated approach to corporate rescue. This paper argues that the addition of a voluntary administration-style procedure to China's current corporate rescue regime may be needed as China develops its market economy based on the rule of law. Copyright © 2017 INSOL International and John Wiley & Sons, Ltd

P166 Partner notification: are australian approaches feasible for the chilean context?

IntroductionPartner Notification (PN) in Australia has been studied and improved in recent decades. International researchers have highlighted the use of new technology as an alternative approach for PN. Using the Australian experience as an example, we aim to explore clinicians’ perspectives about the use of specialised websites, such as ‘Let them know’ and professional counselling support, to facilitate PN in the Chilean context.Methods58 semi-structured interviews were conducted with health care providers (HCP) and key informants. A third of the interviews were transcribed verbatim and translated from Spanish to English for thematic analysis, which followed an inductive approach based on grounded theory. Following the identification of themes, remaining interviews were coded utilising a method of constant comparison to highlight concordance and dissonance of participant views.ResultsThe majority of participants were unaware of the use of new technologies for PN, and demonstrated a high interest. Many agreed this could be a feasible strategy considering the high use of mobile technologies and the Internet in Chile. Participants’ primary concerns around this approach were confidentiality, privacy and efficacy, given the local cultural context. The creation of a counsellor position for professional support and guidance was identified as essential to strengthen PN in Chile.DiscussionThe use of new technologies for contacting sexual partners with professional counselling support could be an alternative PN strategy for Chile. However, the involvement of local staff will be essential in tailoring interventions.

Privacy in automation: An appraisal of the emerging Australian approach

This article presents an initial appraisal of the emerging Australian approach to applying privacy and data protection laws to automated technologies. These laws and the general context in which they operate will be explained, with appropriate comparisons made to the European Union frameworks. In order to examine their specific application vis-à-vis automated technologies, three case studies – automated facial recognition technologies (AFRT), unmanned aerial vehicles (UAVs – better known as ‘drones’) and autonomous vehicles (or ‘driverless cars’) – are selected to examine the extent to which existing privacy and data protection laws, and their application, can be considered adequate to address privacy and data protection risks that these technologies bring. These case studies evidence existing deficiencies with privacy protection in Australia and the inadequacy of recent reform processes, demonstrating that Australian data privacy laws are not well placed to protect individuals' rights vis-à-vis automated technologies.

Subjective Well-Being in an Era of Relentless Growth: The Case of Turkey Between 2004 and 2014

This paper analyses the subjective well-being levels in Turkey between 2004 and 2014 by relying on Turkish Statistical Institute’s Life Satisfaction Surveys. This is the first study ever suggesting an alternative well-being approach for Turkish population based on subjective measures. Inspired from the Bhutan’s Gross National Happiness and Cummins et al.’s (2003) Australian Unity Well-Being Index approaches, we constructed several subjective well-being indexes for the first time in Turkey. The main findings of this study are as follows: (1) Despite GDP per capita (in current $) doubles between 2004 and 2014 period, constructed indexes show slight increments or stagnate around some level. (2) We found a slight support for Frey and Stutzer’s (2002a) argument that GDP per capita is insensible after some threshold. (3) National well-being indicators are found to be more volatile than individual well-being indicators, which hints that individuals may be using their informal social networks as a shelter from the economic and politic fluctuations in the country. (4) Much of the volatility in subjective well-being indexes are caused by psychological well-being indicators. Previous results indicate that as basic requirements of a society are met after some level of per capita income, non-materialistic aspirations- like happiness, freedom or justice-started to surpass materialistic aspirations. Same is true for Turkey- this led us to conclude that the reductionist approach of delegating the solution of social and ecological problems to economic growth process may lie beneath this dismal outcome in Turkey in the last decade. Thus, we recommend policy-makers to upkeep with the reform process which would make economic and political system more transparent and competitive, which in turn, help to ameliorate the channels through which individuals fulfil their aspirations.

Real Deal or No Deal? A Comparative Analysis of Raw Milk Cheese Regulation in Australia and France

Australia’s regulatory framework has resulted in the standardisation of cheese production based on pasteurisation. Up until early 2015, regulations effectively prohibited raw milk cheese-making in Australia and thus stifled artisanal on-farm production. Although the introduction of Food Standards Australia New Zealand Standard 4.2.4 has allowed the production of certain hard, low-moisture raw milk cheeses, the new standard is rigid and does not encourage new entrants into the emerging raw milk cheese consumer market. This article compares the Australian system with the French raw milk cheese regulation and production system, and argues that its approach in encouraging and supporting small farmhouse artisanal traditional raw milk cheese is beneficial to both producer and consumer, and has not resulted in any significant health risks. The Australian approach amounts to a missed opportunity to encourage the emergence of a value-added industry with local and export potential, and is at odds with important movements in food policy, such as recognition of the value of localism and terroir.

The Australian approach to geospatial capabilities; positioning, earth observation, infrastructure and analytics: issues, trends and perspectives

This paper examines the current state of three of the key areas of geospatial science in Australia: positioning; earth observation (EO); and spatial infrastructures. The paper discusses the limitations and challenges that will shape the development of these three areas of geospatial science over the next decade and then profiles what each may look like in about 2026. Australia’s national positioning infrastructure plan is guiding the development of a nation-wide, sub decimeter, real-time, outdoor positioning capability based on multi-GNSS and in particular the emerging precise point positioning − real-time kinematic (PPP-RTK) capability. Additional positioning systems including the ground-based Locata system, location-based indoor systems, and beacons, among others are also discussed. The importance of the underpinning role of a next generation dynamic datum is considered. The development of Australia’s first EO strategy is described along with the key national needs of the products of remote sensing. The development of massive on-line multi-decadal geospatial imagery data stores and processing engines for co-registered stacks of continuous base-line satellite imagery are explored. Finally, perspectives on the evolution of a future spatial knowledge infrastructure (SKI) emerging from today’s traditional spatial data infrastructures (SDIs) are provided together with discussion of the growing importance of geospatial analytics for transforming whole supply chains.

Heritage Beyond Borders: Australian Approaches to Extra-National Built Heritage

The rights of the state to protect heritage within its borders, to ratify international conventions and to cooperate in bilateral engagements have been foundational concepts of heritage governance. Extreme circumstances may result in an intervention by non-state parties, but in times of peace it is typically the state that prevails. Drawing from recent efforts (2000s) of the Australian Federal Government to create a ‘List of Overseas Places of Historic Significance to Australia’, this paper explores the complications that can arise from the privileging of state authority in current approaches to heritage. This serves as a point of departure for considering the more widely applicable contradictions, limitations and loopholes of a global approach that favours the ‘state’ and the ramifications this might have for heritage diplomacy.