scholarly journals Strip Searches, Police Power and the Infliction of Harm: An Analysis of the New South Wales Strip Search Regime

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Vicki Sentas ◽  
Michael Grewcock
Keyword(s):  
New South ◽  
New South Wales ◽  
Law Reform ◽  
Public Attention ◽  
Drug Detection ◽  
South Wales ◽  
Police Data ◽  
The Individual ◽  
Detection Dog ◽  
Police Vehicles

Police misuse of strip search powers at music festivals, at train stations, in police vehicles and at other locations has been subject to sustained public attention in recent years. This article traces the evolution of strip search practices in New South Wales, explores the legal and policy context in which they have developed, highlights the individual and social harms arising from them and discusses the need for fundamental law reform. We argue that recent controversies regarding police strip searches and drug detection dog operations in New South Wales show policing to be simultaneously a law-making and a law-abusing power. By examining concepts concerned with how police construct their own working rules, police data and testimony provided to the Law Enforcement Conduct Commission (LECC), we explain how police justify conducting strip searches that should otherwise be considered unlawful.

Proroguing the Parliament of Australia: The Effect on the Senate and the Conventions that Constrain the Prerogative Power

2012 ◽  
Vol 40 (1) ◽  
pp. 69-88
Author(s):  
Eliot Olivier
Keyword(s):  
Prime Minister ◽  
New South ◽  
New South Wales ◽  
Balance Of Power ◽  
Public Attention ◽  
General Will ◽  
Real Possibility ◽  
Political Landscape ◽  
South Wales ◽  
Constitutional System

Political controversies in New South Wales and Canada recently have focused public attention on the constitutional practice of proroguing parliament. They have also shone a light on two lingering areas of uncertainty that surround its operation under the Commonwealth Constitution. This article seeks to clarify these two muddy areas of the law concerning prorogation. The first is the effect of prorogation on the Senate and its committees. Since Federation, the Senate has purported to authorise its committees to continue to function notwithstanding a prorogation of the Parliament. However, it is argued that this practice is unsupported by the provisions of the Constitution and the Senate has no such power. Second, the article examines the operation of the conventions that constrain the Governor-General's power to prorogue. Prorogation generally is exercised on the advice of the Prime Minister. However, this article contends that where a Prime Minister seeks to prorogue Parliament to avoid a vote of no confidence, the Governor-General will have a discretion to reject the advice. It may also be open to the Governor-General to reject an advice to prorogue where the purpose is to avoid scrutiny of a fundamental constitutional illegality. In Australia, the uncertainties that surround prorogation, coupled with the now precarious political landscape in Canberra, create the very real possibility of a prorogation crisis at the Commonwealth level. This article provides a response to these uncertainties. In doing so it offers a solution to how a prorogation crisis can be resolved, whilst maintaining the fine balance of power in our constitutional system.

The individual and health sector costs of asthma: the first year of a longitudinal study in New South Wales

2005 ◽  
Vol 29 (5) ◽  
pp. 429-435 ◽  
Author(s):  
Patricia Kenny ◽  
Emily Lancsar ◽  
Jane Hall ◽  
Madeleine King ◽  
Meredyth Chaplin
Keyword(s):  
Longitudinal Study ◽  
New South ◽  
New South Wales ◽  
Health Sector ◽  
First Year ◽  
South Wales ◽  
The Individual

Establishing Boundaries

2011 ◽  
pp. 146-157
Author(s):  
Christopher Brien
Keyword(s):  
Information Technology ◽  
New South ◽  
New South Wales ◽  
Effective Communication ◽  
Law Reform ◽  
Competing Interests ◽  
South Wales ◽  
Workplace Monitoring ◽  
Acceptable Use Policies

This chapter examines workplace monitoring in Australia. Competing interests between those of employees and employers are outlined. Recent decisions by courts and tribunals in Australia are considered. Information technology or acceptable use policies that are part of the contract of employed are identified as a means of establishing boundaries. The relevant reports of both the New South Wales Law Reform Commission and the Victorian Law Reform Commission are also discussed. The idea that Commonwealth legislation could be enacted to simplify the process of establishing boundaries is noted. This activity should be viewed more generally as strengthening the protection of privacy in Australian law. Management and workers both have responsibilities in establishing boundaries with regard to workplace monitoring. Effective communication between employers and employees is an essential part for creating a culture of respect and trust within an organization.

Evaluation of tree establishment treatments on saline seeps near Wellington and Young in New South Wales

2000 ◽  
Vol 40 (1) ◽  
pp. 99 ◽  
Author(s):  
N. E. Marcar ◽  
A. K. M. A. Hossain ◽  
D. F. Crawford ◽  
A. T. Nicholson
Keyword(s):  
New South ◽  
New South Wales ◽  
Eucalyptus Camaldulensis ◽  
Stem Diameter ◽  
Tree Establishment ◽  
South Wales ◽  
Crown Volume ◽  
Casuarina Cunninghamiana ◽  
Atriplex Nummularia ◽  
The Individual

The success of tree establishment on both saline and non-saline sites is dependent on the use of appropriate pre- and post-planting procedures. The 4 trials reported here on 2 dryland saline sites, near Wellington and Young in New South Wales, deal with the individual and combined effects of mulch, fertiliser, tree guards and pre-conditioning with salt and waterlogging, alone and in combination, on survival and growth of Acacia stenophylla, Atriplex nummularia, Casuarina cunninghamiana, Eucalyptus camaldulensis and Melaleuca halmaturorum. Each trial included 1 or more of these species. Soil salinity was assessed at the plot level using a hand-held electromagnetic induction device (EM38). Treatments had variable effects, depending on species, site, experiment and treatment combinations. Mulch application significantly improved height in 2 trials and, in combination with plastic guard and fertiliser, produced the best results. Treatments generally increased basal stem diameter or stem diameter at breast height, and crown volume, but the differences were usually not statistically significant. The combined effect of mulch, fertiliser and plastic guard on growth was usually greater than any single treatment.

Why Her Behaviour Is Still on Trial: The Absence of Context in the Modernisation of the Substantive Law on Consent

2019 ◽  
Vol 42 (2) ◽  
Author(s):  
Annie Cossins
Keyword(s):  
Sexual Assault ◽  
New South ◽  
New South Wales ◽  
Rape Myth Acceptance ◽  
Rape Myth ◽  
Law Reform ◽  
Victim Blame ◽  
Sexual Autonomy ◽  
South Wales ◽  
Substantive Law

Two cases studies illustrate the paradox at the heart of the substantive law of sexual assault – that it is possible (i) for a woman who does not communicate her consent to be deemed to consent; and (ii) for a defendant to have a reasonable belief about a woman’s consent even though it is accepted that she did not consent, both of which undermine the concept of her sexual autonomy. In light of the research on rape myth acceptance (‘RMA’) which shows that RMA is one of the most consistent predictors of victim blame in sexual assault scenarios, this article discusses how sexual assault law reform in New South Wales in 2007, which introduced a ‘communicative’ model of consent, has been subsequently undermined by the decisions in two recent judge-alone trials. Options for reform are discussed in light of the community standards expected under a ‘communicative’ model of consent.

The economics of temperate pasture systems on the central and southern Tablelands of New South Wales

2001 ◽  
Vol 23 (2) ◽  
pp. 159 ◽  
Author(s):  
D. T. Vere ◽  
R. E. Jones ◽  
M. H. Campbell
Keyword(s):  
Native Species ◽  
Programming Model ◽  
New South ◽  
Perennial Grass ◽  
New South Wales ◽  
Perennial Grasses ◽  
Economic Returns ◽  
High Quality ◽  
South Wales ◽  
The Individual

Pastures are the basis of most forms of agricultural production on the New South Wales central and southern tablelands. Pastures occupy the bulk of the region's landmass and pasture-based livestock production annually contributes more than three-quarters of the regional gross value of rural production. Throughout the region, there is substantial variation in pasture composition, ranging from high quality introduced perennial grasses and legumes to pastures comprising mainly low quality native species. This paper examines the economics of the main categories of temperate pastures over a range of soil fertility-rainfall environments on the south-eastern tablelands areas of New South Wales. Using a linear programming model and discounted development budgets, the results demonstrate the strong influence of the environment on the economics of the individual pasture systems. The highest economic returns in both the short and longer-terms were to the introduced perennial grass pastures in most of the environments. Pastures based on introduced legumes and the high quality native species also generated sound economic returns, although there are recognised problems with the persistence of the legume pastures. Over time, the returns to the better quality native pastures compare favourably with the introduced legumes and are better suited to acidic soils than the perennial grasses. Low quality native species produced relatively poor economic returns in all environments and unfortunately, are the main pasture type in the region's less favourable environments.

The Olivines of a Differentiated Teschenite Sill Near Gunnedah, New South Wales

1956 ◽  
Vol 93 (6) ◽  
pp. 441-455 ◽  
Author(s):  
J. F. G. Wilkinson
Keyword(s):  
Optical Properties ◽  
New South ◽  
New South Wales ◽  
Olivine Composition ◽  
South Wales ◽  
The Individual

AbstractData is presented on textural variation, optical properties, and resultant compositions of the olivines from a differentiated teschenite sill. The range in olivine composition is from Fa21 to Fa,60. Both the individual crystals and successive crops of crystals become more fayalitic with progressive differentiation.

Teachers' Attitudes and Perspectives on Educational Provisions for “Gifted” and “Talented” Children in New South Wales, Australia and Essex, England

1990 ◽  
Vol 6 (3) ◽  
pp. 174-181 ◽  
Author(s):  
Yvonne Larsson
Keyword(s):  
Gifted And Talented ◽  
New South ◽  
Common Factor ◽  
New South Wales ◽  
South Wales ◽  
Service Training ◽  
The Common ◽  
Teachers Attitudes ◽  
The Individual ◽  
Comprehensive Framework

This paper focuses on teacher attitudes to educational provisions for gifted and talented children in two countries. A questionnaire was distributed to 100 teachers in Sydney, New South Wales and to 100 teachers in Essex, England. Both groups represented a range of primary and secondary schools. Teachers had between 5 and 20 years experience and most were aged between 30 and 40 years. The common factor was acceptance of provisions within the comprehensive framework of education but rejection of any provisions that might be interpreted as elitist. It was also considered that there should be pre-service and in-service training in teaching methods for gifted education for all teachers so that the individual talents of children can be accommodated according to their needs within the comprehensive system.

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