Volume 25 No 1, February 2000
Articles:
Briefs
The right to a fair trial: prejudicial pre-trial media publicity
by Allan Ardill
This article evaluates the High Court decision in R v Glennon (1992)173 CLR 592. This case determined the scope of an accused's right to a fair trial after inadmissible and prejudicial material has been published prior to a trial. It considers the case in the context of recommendations of law reform agencies and the law in four other jurisdictions. It concludes that Australian fair trial protections are inadequate in cases where there has been a conviction for contempt preceding the trial, and that Australian law is out of step with the other jurisdictions.
Juries speaking: some thoughts on removing the ‘gag’ on jury deliberations
by Brendan Cassidy
This article attempts to stimulate examination of the traditional practices of juries in the production of verdicts. It questions the idea of collective decision making as an ideal form of community input into the judicial process and, at the same time, discusses an alternative mode of deliberation which encourages jurors to make their own contribution directly into trial outcomes.
Workers’ entitlements: the government options
by Christopher Symes
The recent high profile business closures of Oakdale Colliery, Cobar mines, Sizzler Restaurants and Roadmark buses demonstrate the unjust and unfortunate plight in which many workers find themselves when their employer becomes insolvent. This article examines this very topical issue of protecting employees’ entitlements when an employer becomes insolvent, in the context of the recently released Ministerial Discussion Paper by the Minister for Employment, Workplace Relations and Small Business (Mr Peter Reith).
International human rights at century's end
by Stephen Bouwhuis
This article provides an overview of international human rights mechanisms with a focus on corporations and developments within national systems.
Law online: how do people access and use legal information on the Internet?
by Sue Scott
Informed participation in the legal system is integral to a democratic and civil society. The Internet would seem to provide an ideal way to provide this up to date, relevant information. But what do we know about how people access and use legal information? What are the implications for delivery of legal information and services via the Internet? This article examines published research into how people inform themselves and looks at the implications of this for online delivery of legal services.
Prescribing power and the power to prescribe: nurse practitioners in rural and remote Australia
by Steven Siegloff Clark
The NSW government has enacted the Nurses Amendment (Nurse Practitioners) Act 1998 (NSW) which provides for recognition and accreditation of Nurse Practitioners in NSW. The legislation provides for Nurse Practitioners to be given limited prescribing privileges. The article examines the role of the Nurse Practitioner under the legislation, experience with nurse practitioners in the United States and Britain, and research in NSW that led to a report recommending the role of the Nurse Practitioner. It also examines opposition to and support for the Nurse Practioner role from the medical profession. Finally it summarises the situation in other States of Australia. It concludes that the recognition and development of advanced practice roles for nurses is appropriate and timely.
Practice pointers: Banning the banning notice: banning notices, shopping centres and young people
by Chris Grant
There is an ever increasing practice of shopping centres banning and excluding young people from publicly used spaces. Through their use of private property rights and security staff, shopping centres target young people for often spurious reasons, then issue banning notices. Young people who return and re-enter the centre in breach of the banning notice are charged with criminal trespass under the Inclosed Lands Act 1901 (NSW). This article examines this disturbing trend and looks at ways to contest the charge of trespass.
The referendum: reflections on the Preamble
by Siobhan McCann
This brief argues that question number 2 in the 1999 Republic Referendum, namely, whether you approve of ‘a proposed law to alter the Constitution to insert a preamble’ was confusing in employing the indefinite article. The question does not refer to the specific preamble that was proposed by the Prime Minister, and the proposed preamble was not displayed in polling booths.
The Queen's English: Discussing the Federal Court case of Benwell v the Electoral Commissioner
Simon Rice
This brief reports a curious case that immediately preceded the Australian Republic Referendum in November 1999. The Australian Monarchist League challenged the legality of the Electoral Commissioner's Handbook. The Handbook gave instructions to scrutineers on how to deal with votes which clearly indicated a voter's intention, but did not conform with the strict requirements of the Referendum (Machinery Provisions) Act 1984 (Cth). Contrary to the submissions of the Australian Monarchist League, the Federal Court found that it is not necessary to write exactly 'yes' or 'no' to caste a valid vote - other ways of indicating a clear intention will suffice. A small victory for a multicultural and tolerant society.
The Olympics: where have all the boarding houses gone?
by Jane Lye
This brief discusses the effect of the Olympics on the supply of affordable accommodation in Sydney and the NSW government’s response.
Parliamentary privilege: Citizen Peters vs Knuth MP
by Peter Wilmshurst
A report on allegations made in the Queenland parliament about Rebecca Peters of the Coalition for Gun Control.
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