A New Coat of Paint: Law and Order and the Refurbishment of Kable

2012 ◽  
Vol 40 (1) ◽  
pp. 1-30
Author(s):  
Gabrielle J Appleby ◽  
John M Williams
Keyword(s):  
International Finance ◽  
New South ◽  
New South Wales ◽  
South Australia ◽  
State Power ◽  
Organised Crime ◽  
Law And Order ◽  
High Court ◽  
South Wales ◽  
Legal Principle

The Kable doctrine is, and has always been, a difficult legal principle to define. For over a decade, and despite much academic attention, it had little consequence for state power. Until recently, the High Court deftly avoided its application by employing a number of techniques. As the politics of law and order in the states have increased, state Parliaments have felt emboldened by these cases to test the outer limits of their legislative power. In such an environment, federal anti-terrorism measures, introduced as extraordinary responses necessary for the exceptional nature of terrorism, have crept into general state policing and expanded. It is in this arena that the Kable doctrine has emerged once again. The principle is now vital to understanding the very real limits of state power, particularly in the law and order arena. This article traces the Court's approach to the principle in three recent cases involving the states' anti-organised crime measures (International Finance Trust Co v New South Wales Crime Commission, South Australia v Totani, and Wainohu v New South Wales) before offering some conclusions about where the current jurisprudence leaves the states and their perpetual campaign to achieve law and order.

Rights-Scrutiny Cultures and Anti-Bikie Bills in Australian State Parliaments: ‘A Bill of Rights for the Hell's Angels’

2016 ◽  
Vol 44 (3) ◽  
pp. 363-399
Author(s):  
Laura Grenfell
Keyword(s):  
New South ◽  
New South Wales ◽  
South Australia ◽  
Individual Rights ◽  
Bill Of Rights ◽  
Law And Order ◽  
South Wales ◽  
Australian State ◽  
Parliamentary Committee

This paper analyses how four Australian state parliaments debate the rights implications of anti-bikie bills that restrict various individual rights. It focuses on three state parliaments–those of Victoria, Queensland and New South Wales–which have committees that scrutinise all bills for their rights implications and it compares the debate in these parliaments with that of South Australia where such systematic rights-scrutiny of all bills is absent. The paper considers whether the existence of a formal parliamentary committee for rights-scrutiny strengthens or diminishes the process of parliamentary scrutiny of bills for their rights implications. Overall the paper argues that, regardless of the system in place, parliamentary rights-scrutiny remains weak in the four surveyed Australian states when parliaments debate law and order bills. However, this weakness is manifested in different ways, with full and frank rights-deliberation deficient in Victoria, Queensland and New South Wales and systematic and well-informed rights-scrutiny absent in South Australia.

Attributes and Attribution of State Courts — Federalism and the Kable Principle

2012 ◽  
Vol 40 (1) ◽  
pp. 31-68
Author(s):  
Brendan Lim
Keyword(s):  
International Finance ◽  
New South ◽  
Attorney General ◽  
New South Wales ◽  
South Australia ◽  
State Courts ◽  
Institutional Integrity ◽  
Crime Commission ◽  
South Wales ◽  
New Perspective

‘State courts’ can be understood in at least two ways. Their ‘attributes’ are the characteristics that define them as ‘courts’. Their ‘attribution’ is the extent to which they are regarded as emanations of a ‘state’ in its constitutional conception as a constituent unit of the federation. The principle first articulated in Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 ensures the institutional integrity of state courts by protecting from legislative impairment their defining characteristics as ‘courts’. It therefore understands state courts almost exclusively by their ‘attributes’. This article examines the significance to the Kable principle of also understanding state courts by their ‘attribution‘. There are different conceptions of the proper attribution of state courts, coincident with different visions of how to accommodate simultaneous constitutional commitments to autonomous states and integrated courts. Those conceptions influence the content and application of the Kable principle in ways that are insufficiently appreciated. This insight permits a new perspective on the Kable principle as a doctrine of federalism, and its recent applications in International Finance Trust Co Ltd v NSW Crime Commission (2009) 240 CLR 319; Kirk v Industrial Court (NSW) (2010) 239 CLR 531; South Australia v Totani (2010) 242 CLR 1; and Wainohu v New South Wales (2011) 243 CLR 181. It also prompts an analysis of a contemporaneous evolution in the constitutional policy of the Commonwealth, whose Attorney-General typically intervened in Kable cases in support of the states, until recently seeking to extend to them certain Chapter III limitations.

In A Fix: Fixed-Term Parliaments in the Australian States

2013 ◽  
Vol 41 (2) ◽  
pp. 265-298
Author(s):  
Peter Congdon
Keyword(s):  
Western Australia ◽  
Prime Minister ◽  
New South ◽  
New South Wales ◽  
South Australia ◽  
Constitutional Amendments ◽  
South Wales

Constitutional systems of Westminster heritage are increasingly moving towards fixed-term parliaments to, amongst other things, prevent the Premier or Prime Minister opportunistically calling a ‘snap election’. Amongst the Australian states, qualified fixed-term parliaments currently exist in New South Wales, South Australia and Victoria. Queensland, Tasmania and Western Australia have also deliberated over whether to establish similar fixed-term parliaments. However, manner and form provisions in those states' constitutions entrench the Parliament's duration, Governor's Office and dissolution power. In Western Australia and Queensland, unlike Tasmania, such provisions are doubly entrenched. This article considers whether these entrenching provisions present legal obstacles to constitutional amendments establishing fixed-term parliaments in those two states. This involves examining whether laws fixing parliamentary terms fall within section 6 of the Australia Acts 1986 (Cth) & (UK). The article concludes by examining recent amendments to the Electoral Act 1907 (WA) designed to enable fixed election dates in Western Australia without requiring a successful referendum.

The Relation Between the Food of the Australian Barracouta, Thyrsites atun (Euphrasen), and Recent Fluctuations in the Fisheries

1957 ◽  
Vol 8 (1) ◽  
pp. 29 ◽  
Author(s):  
M Blackburn
Keyword(s):  
Population Distribution ◽  
New South ◽  
New South Wales ◽  
South Australia ◽  
Downward Trend ◽  
Small Fish ◽  
Fish Diet ◽  
Upward Trend ◽  
Independent Evidence ◽  
South Wales

The diet of surface-swimming Australian barracouta was studied from over 10,000 stomachs. The principal prey organisms in Bass Strait are the euphausiid Nyctiphanes australis Sars, the anchovy Engraulis australis (White), and young barracouta, in that order; and in eastern Tasmania Nyctiphanes, Engraulis, and the sprat Clupea bassensis McCulloch, in that order. The pilchard Sardinops neopilchardus (Steindachner) is not an important item of the diet in these regions although it is so in New South Wales, South Australia, and Western Australia. The jack mackerel Trachurus declivis Jenyns is a significant item in eastern Tasmania and New South Wales but not in Bass Strait. These and other features of the fish diet of the barracouta reflect actual availability of the various small fish species in the waters. Barracouta eat Nyctiphanes by herding them into dense masses (or finding them already concentrated) and swallowing them. The movements of the anchovy make it unavailable to Bass Strait and eastern Tasmanian barracouta for much of the summer and autumn period, when the barracouta are thus dependent upon Nyctiphanes for the bulk of their food. A close positive relationship between the availability of barracouta and Nyctiphanes might therefore be expected at those seasons. There is evidence of such a relationship between mean availability (catch per boat-month) of barracouta and mean percentage of barracouta stomachs containing Nyctiphanes, at those seasons, from year to year. For southern Victorian coastal waters both show a downward trend from 1948-49 to 1950-51 and then an upward trend to 1953-54; for eastern Tasmania both show a downward trend (for autumn only) from 1949-50 through 1952-53. The records of catch per boat-month furnish independent evidence that the main variations in this index were effects of availability (population distribution or behaviour) rather than abundance (population size), at least for southern Victoria. It is therefore considered that when scarcity of barracouta occurs in summer and autumn in the coastal fishing areas it may be due to scarcity of Nyctiphanes, forcing the fish to go offshore for this food which is known to be available there. This would take the fish out of range of the fishermen.

Dacus tryoni. [Distribution map].

1960 ◽  
Author(s):  
Keyword(s):  
Geographical Distribution ◽  
New South ◽  
New South Wales ◽  
South Australia ◽  
Fruit Fly ◽  
Distribution Map ◽  
Bactrocera Tryoni ◽  
South Wales ◽  
New Distribution

Abstract A new distribution map is provided for Dacus tryoni[Bactrocera tryoni] (Frogg.) (Dipt., Trypetidae) (Queensland Fruit-fly) Hosts: Many deciduous and subtropical fruits. Information is given on the geographical distribution in AUSTRALIA, New South Wales, Queensland, South Australia, Victoria.

Podospora excentrica. [Descriptions of Fungi and Bacteria].

2020 ◽  
Author(s):  
D. W. Minter
Keyword(s):  
New Zealand ◽  
South America ◽  
Atlantic Ocean ◽  
Geographical Distribution ◽  
Western Australia ◽  
New South ◽  
Conservation Status ◽  
New South Wales ◽  
South Australia ◽  
South Wales

Abstract A description is provided for Podospora excentrica. Some information on its associated organisms and substrata, dispersal and transmission, habitats and conservation status is given, along with details of its geographical distribution (South America (Venezuela), Atlantic Ocean (Portugal (Madeira)), Australasia (Australia (New South Wales, South Australia, Victoria, Western Australia)), New Zealand, Europe (Belgium, Denmark, Germany, Ireland, Italy, Netherlands, Spain, Sweden, UK)).

John Davies Thomas: Chloroformist in London and pioneer South Australian doctor

2021 ◽  
pp. 0310057X2110315
Author(s):  
Rajesh P Haridas
Keyword(s):  
Medical Journal ◽  
North America ◽  
New South ◽  
New South Wales ◽  
Medical Officer ◽  
South Australia ◽  
Adelaide Hospital ◽  
Medical Society ◽  
College Hospital ◽  
South Wales

John Davies Thomas (1844–1893) described a two-ounce drop-bottle for chloroform in 1872 while he was a resident medical officer at University College Hospital, London. After working as a ship’s surgeon, he settled in Australia. In May 1875, Thomas presented a paper on the mortality from ether and chloroform at a meeting of the Medical Society of Victoria in Melbourne, Victoria. Surveys conducted in Europe and North America had established that the mortality from chloroform was eight to ten times higher than that from ether. At that time, chloroform was the most widely administered anaesthetic in Australia. Thomas’ paper was published in The Australian Medical Journal and reprinted by the Medical Society of Victoria for distribution to hospitals in the Colony of Victoria. Later that year, Thomas moved to Adelaide, South Australia, where he may have been influential at the Adelaide Hospital in ensuring that ether was administered more often than chloroform. It does not appear that Thomas’ papers on anaesthesia had a significant effect on the conduct of anaesthesia in Victoria or New South Wales.

scholarly journals INTERPRETATION AND RECTIFICATION IN AUSTRALIA

2017 ◽  
Vol 76 (3) ◽  
pp. 483-486 ◽  
Author(s):  
Paul S. Davies
Keyword(s):  
New South ◽  
Common Law ◽  
New South Wales ◽  
High Court ◽  
South Wales ◽  
Housing Corporation ◽  
Lower Courts ◽  
The Law ◽  
High Court Of Australia

Both interpretation and rectification continue to pose problems. Difficulties are compounded by blurring the boundary between the two. In Simic v New South Wales Land and Housing Corporation [2016] HCA 47, the High Court of Australia overturned the decisions of the lower courts which had held that performance bonds could be interpreted in a “loose” manner in order to correct a mistake. However, the documents could be rectified in order to reflect the actual intentions of the parties. This decision should be welcomed: the mistake was more appropriately corrected through the equitable jurisdiction than at common law. Significantly, the concurring judgments of French C.J. and Kiefel J. highlight that the law of rectification now seems to be different in Australia from the law in England. It is to be hoped that the English approach will soon be revisited (see further P. Davies, “Rectification versus Interpretation” [2016] C.L.J. 62).

Sign in / Sign up

Export Citation Format

Share Document