Australian Legislation Research Articles

Intersex awareness and education: what part can health and physical education bodies of learning and teaching play?

ABSTRACT It is well-documented that schools fail to adequately engage with contemporary content about intersex awareness and education or inclusion of people with intersex variations. Where sexuality and relationships education are the remit of Health and Physical Education (HPE) curriculum in countries such as Australia, the learning area shows little obligation/response-ability towards the needs of students with intersex variations. It also fails to pay nuanced attention to non-dominant issues, knowledge, or people with respect to sex, gender and sexuality. Similarly, the normative endosex nature/focus of HPE/PE/sport and related professional education bodies (e.g. in teaching and coaching) ignore the need for relevant and affirming content about intersex bodies. A recent project reported here, created a collective narrative addressing how such HPE bodies of learning and teaching can advocate for and enact approaches that are inclusive, affirming, visible, and supportive in promoting and upholding the human rights and health needs of students with intersex variations. The research question driving the project was: What part can HPE bodies of learning and teaching play concerning intersex awareness and education? This original empirical research draws on the methodology and theory of narrative inquiry. The narrative was created between artefacts from a cohort of second year Australian pre-service HPE teacher education students in dialogue with teacher/researcher/expert/author bodies. The paper employs a recently developed Strategic Framework for intersex inclusion that promotes a positive whole-school approach, for educational institutions to be more inclusive, humane, safe and educationally relevant for people with intersex variations. This framework assists critical reflection on project findings. We argue that such engagement, as illustrated in this project’s scope, promotes a positive and diverse understanding about intersex in educational spaces, curriculum and pedagogies, guidelines, and policies, and ultimately reflect Australian Human Rights Commission recommendations and Australian anti-discrimination legislation.

Chinese Australian Perspectives on the ‘Protection’ of Aboriginal People in the 1890s

Anti-opium policies in the 1890s, particularly the Aboriginals Protection and Restriction of the Sale of Opium Act 1897 (Qld), connected and separated Aboriginal and Chinese peoples for the first time in Australian legislation. Little scholarship has hitherto explored the agency of the Chinese community in the control of opium and their responses to this legislation, as well as their perspectives on Aboriginal protection invoked in the legislation’s title. This article uses Chinese-language newspapers published in Sydney during the late 1890s to delineate a distinctly Chinese approach to settler colonial governance – including opium control and the ‘protection’ of the Aboriginal population – prior to federation.

The discipline of, and failure to sanction, sexual misconduct by Australian legal practitioners

ABSTRACT This article examines disciplinary proceedings about sexual misconduct by lawyers. Sexual misconduct in a professional relationship is harmful and unacceptable and should result in immediate disciplinary action to protect victims, future victims and the public. However, there is no explicit offence of sexual misconduct in Australian disciplinary legislation regarding lawyers. Rather, sexual misconduct must be linked to the statutory offences. While the Australian Solicitors’ Conduct Rules guide the interpretation of the offences, there is only express reference to sexual harassment. We examined tribunal and court legal disciplinary cases from 2000 to 2020 across all Australian jurisdictions in which sexual misconduct had occurred. Decision makers typically only considered sexual misconduct sufficiently egregious to meet the required standard of a disciplinary offence when accompanied by a criminal conviction. The conduct was often portrayed as a result of character flaws, rather than harmful to victims and the public. Thus, decision makers failed to locate the behaviour in the wider incidence of violence against women. The profession’s failure to acknowledge sexual misconduct reflects narrow professional norms which do not robustly protect victims. Explicit acknowledgement of sexual misconduct in disciplinary proceedings is essential. These amendments would signify the importance, frequency and impact of sexual misconduct.

Mitochondrial phylogeny within the Yellow Chat (Epthianura crocea) does not support subspecific designation of endangered Alligator Rivers population.

The delineation of subspecies is important in the evaluation and protection of biodiversity. Subspecies delineation is hampered by inconsistently applied criteria and a lack of agreement and shifting standards on how a subspecies should be defined. The Australian endemic Yellow Chat (Epthianura crocea) is split into three subspecies (E. c. crocea, E. c. tunneyi, and E. c. macgregori) based on minor plumage differences and geographical isolation. Both E. c. tunneyi (Endangered) and E. c. macgregori (Critically Endangered) are recognized under Australian legislation as threatened and are the subject of significant conservation effort. We used mitochondrial DNA to evaluate the phylogeny of the Yellow Chat and determine how much genetic variation is present in each of the three subspecies. We found no significant difference in the cytochrome b sequences (833 base pairs) of E. c. crocea and E. c. tunneyi, but approximately 0.70% or 5.83 bp difference between E. c macgregori and both E. c. crocea and E. c. tunneyi. This analysis supports the delineation of E. c. macgregori as a valid subspecies but does not support separation of E. c. crocea from E. c. tunneyi. We also found very low levels of genetic variation within the Yellow Chat, suggesting it may be vulnerable to environmental change. Our results cast doubt upon the geographic isolation of E. c. crocea from E. c. tunneyi, but more advanced genetic sequencing and a robust comparison of plumage are needed to fully resolve taxonomy.

Unscrambling the Provenance of Eggs by Combining Chemometrics and Near-Infrared Reflectance Spectroscopy.

Issues related to food authenticity, traceability, and fraud have increased in recent decades as a consequence of the deliberate and intentional substitution, addition, tampering, or misrepresentation of food ingredients, where false or misleading statements are made about a product for economic gains. This study aimed to evaluate the ability of a portable NIR instrument to classify egg samples sourced from different provenances or production systems (e.g., cage and free-range) in Australia. Whole egg samples (n: 100) were purchased from local supermarkets where the label in each of the packages was used as identification of the layers’ feeding system as per the Australian legislation and standards. The spectra of the albumin and yolk were collected using a portable NIR spectrophotometer (950–1600 nm). Principal component analysis (PCA) and linear discriminant analysis (LDA) were used to analyze the NIR data. The results obtained in this study showed how the combination of chemometrics and NIR spectroscopy allowed for the classification of egg albumin and yolk samples according to the system of production (cage and free range). The proposed method is simple, fast, environmentally friendly and avoids laborious sample pre-treatment, and is expected to become an alternative to commonly used techniques for egg quality assessment.

Assessing the Effectiveness of Conservation Stocking for the Endangered White’s Seahorse Hippocampus whitei

The White’s seahorse Hippocampus whitei was listed as an Endangered species in 2020 on Australian state and federal legislation, as a result of population declines across its range attributed to habitat loss over the past decade. A captive-bred reintroduction program has been implemented as a possible management tool for species recovery, however, the viability of such a reintroduction program for seahorses has not been assessed to date. This study implemented a pilot captive-breeding program using adult H. whitei from Sydney Harbour, Australia, as brood stock. A total of 90 captive-bred seahorses were released into the wild on two different artificial habitat types (“seahorse hotels” and protective swimming net). Following release, a monthly post-release monitoring program was implemented for 12 months that involved underwater visual census surveys of the tagged seahorses. Sightings of captive-bred seahorse numbers were found to gradually decline over the 12-month period, with fewer seahorses found on the swimming net compared to the seahorse hotels and higher resighting probability of captive-bred animals on the seahorse hotels. After 12 months, 20% of the captive-bred seahorses were detected on the seahorse hotels, whilst two individuals were still observed 18 months after release on the hotels. Only 2% of captive-bred seahorses were observed on the swimming net after 12 months, with two individuals still detected on the net after two years. Nine of the captive-bred seahorses were found to reproduce in the wild, with two individuals observed mating with the wild population. This pilot study indicates that captive-bred seahorses can survive for up to two years in the wild, as well as contribute to local population recovery through reproductive success. However, while conservation stocking shows promise as a potential management tool to assist with threatened seahorse species recovery, there are several factors such as existing threats to the species that need to be addressed before such a program is implemented.

Australia's most imperilled vertebrates

The likelihood of extinction within the next 20 years was determined for 47 Australian mammal, bird, reptile, frog and freshwater fish taxa previously identified as being highly imperilled. A 14-member expert elicitation panel, consisting of a mix of taxon experts and government managers of threatened species, estimated that there was a > 50% chance that nine taxa would be extinct by 2041. The panel estimated that there was a > 50% likelihood that a further 16 taxa (considered extant under Australian legislation), for which there are no recent independently verified records, are already extinct, with four almost certainly extinct. For five of these taxa, there was a > 50% chance that they would persist for 20 more years if they are currently extant, notwithstanding the lack of recent records. Most of the taxa considered occur within conservation areas and in south-eastern Australia, where human population density is highest. All the highly imperilled taxa occur wholly or partly in conservation reserves, within a total reserved area of 1994 km2, 0.13% of the total area conserved in Australia. Highly imperilled taxa also occur on 313 km2 of non-conservation government-owned land, and 242 km2 of private land. The total area that needs management intervention to prevent extinction of Australia's most imperilled vertebrate taxa in the next 20 years represents 0.06% of the area of Australia's terrestrial and freshwater environments.

Reducing exacerbations in children and adults with primary ciliary dyskinesia using erdosteine and/or azithromycin therapy (REPEAT trial): study protocol for a multicentre, double-blind, double-dummy, 2×2 partial factorial, randomised controlled trial

IntroductionPrimary ciliary dyskinesia (PCD) is a rare, progressive, inherited ciliopathic disorder, which is incurable and frequently complicated by the development of bronchiectasis. There are few randomised controlled trials (RCTs) involving...

An audit of perioperative end-of-life care practices and documentation relating to patients who died in a surgical unit in three Victorian hospitals.

The number of older, frail patients undergoing surgery is increasing, prompting consideration of the benefits of intensive treatment. Despite collaborative decision-making processes such as advance care planning being supported by recent Australian legislation, their role in perioperative care is yet to be defined. Furthermore, there has been little evaluation of the quality of end-of-life care in the surgical population. We investigated documentation of the premorbid functional status, severity of illness, intensity of treatment, operative management and quality of end-of-life care in patients who died in a surgical unit, with a retrospective study of surgical mortality which was performed across three hospitals over a 23-month period in Victoria, Australia. Among 99 deceased patients in the study cohort, 68 had a surgical operation. Preoperative functional risk assessment by medical staff was infrequently documented in the medical notes (5%) compared with activities of daily living (69%) documented by nursing staff. Documented preoperative discussions regarding the risk of death were rarely and inconsistently done, but when done were extensive. Documented end-of-life care discussions were identified in 71%, but were frequently brief, inconsistent, and in 60% did not occur until 48 hours from death. In 35.4% of instances, documented discussions involved junior staff (registrars or residents), and 43.4% involved intensive care unit staff. Palliative or terminal care referrals also occurred late (1-2 days prior to death). Not-for-resuscitation orders were frequently changed when approaching the end of life. Overall, 57% of deceased patients had a documented opportunity for farewell with family. We conclude that discussions and documentation of end-of-life care practices could be improved and recommend that all surgical units undertake similar audits to ensure that end-of-life care discussions occur for high-risk and palliative care surgical patients and are documented appropriately.

Challenges and opportunities for using population health data to investigate cancer survivors’ quality of life in Australia

There is a recognised need for reported national data that inform health policy, health professions, and consumers about the wellbeing of Australians with cancer and other chronic conditions. International initiatives have demonstrated the viability and benefits of utilising population-based cancer registries to monitor the prevalence and trajectory of health-related quality of life (HRQOL) outcomes among people with cancer. Establishing a similar level of monitoring in Australia would require timely access to health data collected by publicly funded, population-based cancer registries, and the capacity to link this information across jurisdictions. Combining information from different sources via data linkage is an efficient and cost-effective way to maximise how data are used to inform population health and policy development. However, linking health datasets has historically been highly restricted, resource-intensive, and costly in Australia due to complex and outdated legislative requirements, duplicative approval processes, and differing policy frameworks in each state and territory. This has resulted in significant research waste due to underutilisation of existing data, duplication of research efforts and resources, and data not being translated into decision-making. Recognising these challenges, from 2015 to 2017 the Productivity Commission investigated options for improving data availability and use in Australia, considering factors such as privacy, security, and intellectual property. The inquiry report recommended significant reforms for Australian legislation, including the creation of a data sharing and release structure to improve access to data for research and policy development purposes. This paper discusses (1) opportunities in HRQOL research enabled by data linkage, (2) barriers to data access and use in Australia and the implications for waste in HRQOL research, and (3) proposed legislative reforms for improving data availability and use in Australia.

In-Service Teacher Professional Learning in Australia: Lessons Learnt from COVID-19

Abstract: Professional Learning (PL) for Australian teachers is a crucial and integral aspect of their practice and is mandated under Australian legislation. This article briefly describes PL in Australia and outlines the importance of teacher PL, setting out ways it can be undertaken in different jurisdictions around Australia. The focus then moves to a discussion on ways in which PL was impacted during 2020-2021 as a result of COVID-19. In particular, online PL is examined indicating that, for teachers in Australia, the move to online teaching and PL was sudden and was something teachers were not prepared for. Possible futures are explored with potential changes to the implementation of PL, incorporating online and face-to-face modes. Aspects of formal and informal learning are considered accordingly. In focusing on informal learning, the way that social media supported PL during COVID-19 is examined. The potential changing focus of PL as a result of COVID-19 is investigated with a focus on online safety, wellbeing (which includes suicide), and hybrid learning. The discussion on wellbeing indicates a need for increased teacher PL, with increased student concerns being reported as a result of COVID-19. Much of the content is viewed through an Australian lens, although this was not always possible given a scarcity of Australian research in some areas. Keywords: Professional learning, COVID-19, wellbeing, online safety, Australia

Generating population estimates for migratory shorebird species in the world’s largest flyway

Population estimates are widely used to underpin conservation decisions. However, determining accurate population estimates for migratory species is especially challenging, as they are often widespread and it is rarely possible to survey them throughout their full distribution. In the East Asian–Australasian Flyway (EAAF), this problem is compounded by its size (85 million square kilometres) and the number of migratory species it supports (nearly 500). Here, we provide analytical approaches for addressing this problem, presenting a revision of the EAAF population estimates for 37 migratory shorebird species protected under Australian national environmental legislation. Population estimates were generated by (1) summarizing existing count data in the non‐breeding range, (2) spatially extrapolating across uncounted areas, and (3) modelling abundance on the basis of estimates of breeding range and density. Expert review was used to adjust modelled estimates, particularly in under‐counted areas. There were many gaps in shorebird monitoring data, necessitating substantial use of extrapolation and expert review, the extent of which varied among species. Spatial extrapolation to under‐counted areas often produced estimates that were much higher than the observed data, and expert review was used to cross‐check and adjust these where necessary. Estimates of population size obtained through analyses of breeding ranges and density indicated that 18 species were poorly represented by counts in the non‐breeding season. It was difficult to determine independently the robustness of these estimates, but these breeding ground estimates were considered the best available data for 10 species that mostly use poorly surveyed freshwater or pelagic habitats in the non‐breeding season. We discuss the rationale and limitations of these approaches to population estimation, and how they could be modified for other applications. Data available for population estimates will vary in quality and extent among species, regions and migration stage, and approaches need to be flexible enough to provide useful information for conservation policy and planning.

Research priorities for the ghost bat (

The ghost bat (Macroderma gigas) is Australia’s largest echolocating bat. It is restricted to several disjunct populations in the north of the continent, including a population in the Pilbara region of Western Australia. In 2016 the ghost bat was listed as Vulnerable under Australian federal legislation, owing to declining numbers across many regional populations. The most severe threat to ghost bats in the Pilbara region is the destruction and disturbance of habitat due to mining operations, but disturbance to their roosts from other infrastructure developments and changes to and loss of foraging habitat also pose significant threats. A set of research priorities for ghost bats in the Pilbara was developed during a workshop attended by mining industry representatives, environmental consultants, scientists and government regulators. Five research priorities were identified: (1) identify and characterise critical diurnal roosts and foraging habitat; (2) improve knowledge of the distribution, movement and dispersal patterns of ghost bats in the region; (3) improve knowledge of population size, persistence and long-term trends; (4) better understand the cumulative, direct and indirect impacts of mining and other development activities; and (5) better understand the threats posed by fence entanglements, cane toads and feral cats.

Legal model for combating information inaccurate on the internet (on the example of Australia)

A false sense of anonymity and impunity on the Internet leads to the emergence of such an offense as the dissemination of information that does not correspond to reality that violates the rights of third parties. Despite the legal responsibility for such actions, the number of such offenses on the Internet does not decrease. The Internet brings its own specifics to the regulation of emerging relations, for example, to determine the place and source of publication, the identity of the publisher requires information about all ongoing activity on the Internet, which is stored by Internet intermediaries. Accordingly, the system of organizational and legal mechanisms for regulating Internet relations should take into account the technological specifics of the activities of various Internet intermediaries. In the article analyzes the main changes in Australian legislation aimed at determining the responsibility of Internet intermediaries for the dissemination of information that does not correspond to reality; the stages of the formation of an organizational and legal system for preventing the dissemination of this information in the Australian segment of the Internet, as well as law enforcement practice.

Critique of the Royal Australian and New Zealand College of Psychiatrists Psychedelic Therapy Clinical Memorandum, Dated May 2020

Objective: The Royal Australian and New Zealand College of Psychiatrists (RANZCP) has positioned itself against medically controlled patient access (at this current time) to 3,4-methylenedioxymethamphetamine (MDMA) and psilocybin-assisted therapies in its Therapeutic Use of Psychedelic Substances Clinical Memorandum, May 2020. The main reason given by the RANZCP for its stance is safety concerns. Methods: Every reference in the clinical memorandum (CM) was checked against the original publications used by RANZCP to justify its position. In addition, the search engines Google Scholar, PubMed, ScienceDirect, the Multidisciplinary Association for Psychedelic Therapies (MAPS) website, the Therapeutic Goods Administration (TGA) website, relevant Australian and New Zealand legislation were searched for pertinent and up-to-date- information. Results: There is no scientific or medical evidence from the last 70 years to suggest that either psilocybin or MDMA, when administered as an adjutant to therapy in a controlled clinical setting, are linked to either mental illness or negative health outcomes. On the contrary, MDMA and psilocybin have been shown to be safe, non-toxic, non-addictive, and efficacious when administered in a medically-controlled clinical environment. All associated risks are apparent in an uncontrolled setting. Conclusion: The RANZCP’s position is based on outdated, irrelevant, misinterpreted, and misinformed evidence. With the recent positive media coverage of the efficacy of these medicines when used as an adjunct to therapy, there is an intrinsic risk of self-medication or underground therapy. This means that any medical discussion must also purvey the ethical responsibilities and social duties associated with these substances.

Australian Legislation concerning Matters of International Law 2020

Australian Legislation concerning Matters of International Law 2020

Copyright in the Time of COVID-19: An Australian Perspective

COVID-19 has raised many challenges in terms of applying Australian copyright legislation and related policies to higher education context. This paper describes the experience of Copyright Officers at Curtin University and Murdoch University from the initial stages of border-control measures affecting delivery of learning materials to students in China, to the wider disruption of the pandemic with many countries implementing lockdown measures, to the current environment where remote delivery is the “new normal.” The Australian Copyright Act 1968 (Commonwealth of Australia) provides narrow fair dealing exceptions (sections 40 and 41) and broader but more uncertain flexible dealing exceptions (section 200AB), creating a barrier for educators providing access to the information resources needed for teaching, learning, and research. The uncertainty of applying section 200AB was exacerbated by the conditions caused by the pandemic. The authors describe their experiences in providing copyright support during the pandemic as well as how the copyright services adapted to meet requirements.

A Model for Mental Health Advance Directives in the New Victorian Mental Health and Wellbeing Act

Under the Victorian 2014 Mental Health Act (MHA14), Victorians have a right to advance statements. While there have been initiatives to support uptake, under 3% of consumers have done so. In March 2021, the Royal Commission into Victoria’s Mental Health System (the Commission) released its report, including a call to repeal MHA14 and enact a new Act no later than mid-2022. In this paper, we discuss the role of advance planning documentation and instruments used in Australian legislation. Drawing on the Commission’s recommendations, models of advance planning in Australia and the Victorian legislative context, this paper proposes a model of both binding and non-binding advance directives. This model would bring the rights of Victorian consumers into alignment with rights provided under the Medical Treatment, Planning and Decisions Act 2016 (Vic) and assist in bringing the new Act into compatibility with the Charter of Human Rights and Responsibilities Act 2006 (Vic).

Against the Void: Constituency Work and Connection Building Evidence from Australia

AbstractPeter Mair argued that political parties and society are withdrawing from each other, thus creating a ‘void’ in the heart of representation in many established democracies. However, Members of Parliament (MPs) are increasing the time and resources devoted to constituency work. This article explores how MPs, as parties’ representatives, engage with constituents, and whether this work takes the disconnected form expected in a political void. Interviews with 20 Australian state legislators show MPs building policy, service, symbolic and partisan connections with citizens. Though parties no longer definitively structure representation, these findings highlight the importance of understanding party–society relationships in the constituency.

A step forward, but still inadequate: Australian health professionals’ views on the genetics and life insurance moratorium

BackgroundIn 2019, the Australian life insurance industry introduced a partial moratorium (ban) limiting the use of genetic test results in life insurance underwriting. The moratorium is industry self-regulated and applies...