scholarly journals Speaking Too Soon: The Sabotage of Bail Reform in New South Wales

2014 ◽  
Vol 3 (3) ◽  
pp. 73-97 ◽  
Author(s):  
Julia Quilter ◽  
David Brown
Keyword(s):  
New South ◽  
Attorney General ◽  
New South Wales ◽  
Policy Formation ◽  
Unintended Consequences ◽  
Political Debate ◽  
Legal Principles ◽  
Whole Process ◽  
South Wales ◽  
The Media

Within just over one month of coming into operation in May 2014, the new Bail Act 2013 (NSW), a product of long-term law reform consideration, was reviewed and then amended after talk-back radio ‘shock jock’ and tabloid newspaper outcry over three cases. This article examines the media triggers, the main arguments of the review conducted by former New South Wales (NSW) Attorney General John Hatzistergos, and the amendments, with our analysis of the judicial interpretation of the Act thus far providing relevant background. We argue that the amendments are premature, unnecessary, create complexity and confusion, and, quite possibly, will have unintended consequences: in short, they are a mess. The whole process of reversal is an example of law and order politics driven by the shock jocks and tabloid media, the views of which, are based on fundamental misconceptions of the purpose of bail and its place in the criminal process, resulting in a conflation of accusation, guilt and punishment. Other consequences of the review and amendments process recognised in this article include the denigration of judicial expertise and lack of concern with evidence and process; the disproportionate influence of the shock jocks, tabloids and Police Association of NSW on policy formation; the practice of using retired politicians to produce ‘quick fix’ reviews; and the political failure to understand and defend fundamental legal principles that benefit us all and are central to the maintenance of a democratic society and the rule of law. The article concludes with some discussion of ways in which media and political debate might be conducted to produce more balanced outcomes.

scholarly journals Ambulance Service of NSW v Worley; further legal lessons for the emergency services

2015 ◽  
Vol 5 (2) ◽  
Author(s):  
Michael Eburn
Keyword(s):  
Emergency Services ◽  
New South ◽  
New South Wales ◽  
Legal Issues ◽  
Ambulance Service ◽  
Trial Judge ◽  
Legal Principles ◽  
South Wales ◽  
Court Of Appeal ◽  
Insight Into

The decision of the Court of Appeal in New South Wales, in Ambulance Service of NSW v Worley, gives insight into legal issues relating to the emergency services, and ambulance services in particular. This article considers the facts that gave rise to this litigation, why the trial judge found that the treating paramedic was negligent and why that decision was overturned by the NSW Court of Appeal. The paper then considers the legal principles that arise from this decision and their importance for ambulance services throughout Australia.

An Overview of The Status and Management of Rock-wallabies (Petrogale) In New South Wales.

1996 ◽  
Vol 19 (2) ◽  
pp. 163
Author(s):  
L. Dovey ◽  
V. Wong ◽  
P. Bayne
Keyword(s):  
New South ◽  
New South Wales ◽  
Major Threat ◽  
The North ◽  
South Wales ◽  
Eastern Australia ◽  
Management Plans ◽  
The Status ◽  
The Media ◽  
Recovery Program

Two species of rock-wallabies occur in New South Wales; the Yellow-footed Rock-wallaby Petrogale xanthopus in the far west and the Brush-tailed Rock-wallaby Petrogale penicillata in the east. Both species have contracted in distribution and abundance across their former range and are threatened in NSW. The P. xanthopus population in NSW now comprises only two sub-populations. Removal of large numbers of goats, thought to be the primary threat, has not halted the wallaby's decline. Fox and cat predation is now considered the major threat. Fox control is currently being conducted. P. penicillata has undergone a dramatic and continuing decline from being common throughout south-eastern Australia to currently being extremely rare in the southern and western parts of its range and found only in isolated colonies throughout the north of its range. Predation (particularly fox, but including dog and cat), once again, is considered the major threat. A recovery program has been commenced involving the media and wider community in locating extant colonies, as well as developing and implementing Population Management Plans. This program has documented further local extinctions and extremely low numbers of individuals in colonies in the southern and western parts of the range. While no surviving colonies are known between the Shoalhaven area and the Victorian border, there remain more and larger colonies in the north of the state.

Attorney General for New South Wales v Trethowan [1932] AC 526, before the Privy Council

2019 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
New South ◽  
Attorney General ◽  
New South Wales ◽  
Public Law ◽  
Privy Council ◽  
South Wales

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General for New South Wales v Trethowan [1932] AC 526, before the Privy Council. This case concerned whether provisions enacted by an earlier legislature could bind the legislative choices of future legislatures. It should be noted that this case relates to a dominion legislature. The document also includes supporting commentary from author Thomas Webb.

Attorney General for New South Wales v Trethowan [1932] AC 526, Privy Council

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
New South ◽  
Attorney General ◽  
New South Wales ◽  
Public Law ◽  
Privy Council ◽  
South Wales

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General for New South Wales v Trethowan [1932] AC 526, before the Privy Council. This case concerned whether provisions enacted by an earlier legislature could bind the legislative choices of future legislatures. It should be noted that this case relates to a dominion legislature. The document also includes supporting commentary from author Thomas Webb.

Attorney General for New South Wales v Trethowan [1932] AC 526, Privy Council

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
New South ◽  
Attorney General ◽  
New South Wales ◽  
Public Law ◽  
Privy Council ◽  
South Wales

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General for New South Wales v Trethowan [1932] AC 526, before the Privy Council. This case concerned whether provisions enacted by an earlier legislature could bind the legislative choices of future legislatures. It should be noted that this case relates to a dominion legislature. The document also includes supporting commentary from author Thomas Webb.

Bushrangers, itinerant teachers and constructing educational policy in 1860s New South Wales

2019 ◽  
Vol 48 (1) ◽  
pp. 15-30
Author(s):  
Ashley Thomas Freeman
Keyword(s):  
New South ◽  
New South Wales ◽  
Policy Formation ◽  
Half Time ◽  
Content Type ◽  
Secondary Sources ◽  
South Wales ◽  
Itinerant Teachers ◽  
Itinerant Teaching ◽  
The Impact

Purpose The purpose of this paper is to examine how rural outlaws, known in the Australian context as bushrangers, impacted on the introduction of itinerant teaching in sparsely settled areas under the Council of Education in the colony of New South Wales. In July 1867 the evolving process for establishing half-time schools was suddenly disrupted when itinerant teaching diverged down an unexpected and uncharted path. As a result the first two itinerant teachers were appointed and taught in an irregular manner that differed significantly from regulation and convention. The catalyst was a series of events arising from bushranging that was prevalent in the Braidwood area in the mid-1860s. Design/methodology/approach The paper draws on archival sources, particularly sources within State Archives and Records NSW, further contemporary sources such as reports and newspapers; and on secondary sources. Findings The paper reveals the circumstances which led to the implementation of an unanticipated form of itinerant teaching in the “Jingeras”; the impact of rural banditry or bushranging, on the nature and conduct of these early half-time schools; and the processes of policy formation involved. Originality/value This study is the first to explore the causes behind the marked deviation from the intended form and conduct of half-time schools that occurred in the Braidwood area of 1860s New South Wales. It provides a detailed account of how schooling was employed to counter rural banditry, or bushranging, in the Jingeras and provided significant insight into the education policy formation processes of the time.

Procedural justice and frontline policing: the effects of the police complaints system

2016 ◽  
Vol 18 (3) ◽  
pp. 170-181 ◽  
Author(s):  
Sally Galovic ◽  
Philip Birch ◽  
Margaret H. Vickers ◽  
Michael Kennedy
Keyword(s):  
Police Officers ◽  
New South ◽  
New South Wales ◽  
Unintended Consequences ◽  
Professional Relationships ◽  
Performance Impact ◽  
Content Type ◽  
South Wales ◽  
And Performance ◽  
The Impact

Purpose – The purpose of this paper is to present results from a qualitative study exploring the complaints system within New South Wales Police Force in Australia. The stories shared illustrate the impact of the complaints system on officers currently serving in this force. The study reveals how the complaints system impacts on both the working conditions and workplace environment of police officers, as well as impacting on the professional relationships amongst each other. Design/methodology/approach – The study is qualitative in design, in which in-depth interviews were conducted with a sample of 14 rank and file police officers. The qualitative analysis draws upon a thematic approach and a direct reference to police officer comments and perspectives are illustrated and used to inform the framework of the discussion and implications for further research in this area. Findings – The findings yield three central themes – “police perceptions of accountability”; “the complaints tool – a question of intra institutional justice”; and “performance impact”. These are discussed in direct relation to what police officers revealed about their experiences and thoughts on the current complaints process in New South Wales. Practical implications – To review the complaints process in order to develop a more transparent process; to recognise the critiques of the complaints process, both by the general public and police officers, as valuable information to be used to inform improving the process; to consider restorative justice practices employed by other police forces as a means of finalising some complaint processes; to develop a more swift complaints process with more timely conclusions in order to minimise long-term issues such as sustained sick leave. Originality/value – This paper examines the link between accountability and performance, and the unintended consequences the complaints process has on police officers at work. This examination is conducted by drawing on current rank and file police officers lived experiences.

Reforming proceeds of crime legislation: Political reality or pipedream?

2019 ◽  
Vol 44 (3) ◽  
pp. 176-181
Author(s):  
Natalie Skead ◽  
Tamara Tulich ◽  
Sarah Murray ◽  
Hilde Tubex
Keyword(s):  
Western Australia ◽  
New South ◽  
New South Wales ◽  
Criminal Activity ◽  
Legal Principles ◽  
Political Reality ◽  
South Wales ◽  
Proceeds Of Crime ◽  
Crime Legislation

In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. However, in doing so, this far-reaching legislation has the potential to undermine legal principles and protections. We recently completed a study into proceeds of crime legislation in Western Australia, New South Wales and Queensland. From our findings it is clear that Western Australia’s legislation is the most far-reaching and potentially the most inequitable. In this article, we provide a critique of Western Australia's legislation informed by our research, and identify pressing areas for reform.

scholarly journals Managed Play: The Media’s Impact on Play in the Australian Football League

2018 ◽  
Vol 77 (1) ◽  
pp. 5-16
Author(s):  
Samuel Keith Duncan
Keyword(s):  
New South ◽  
New South Wales ◽  
Pierre Bourdieu ◽  
New Markets ◽  
Extensive Analysis ◽  
South Wales ◽  
Australian Football League ◽  
Australian Football ◽  
The Media ◽  
Johan Huizinga

Abstract No industry has influenced the transformation of the Australian Football League (AFL) into a professional, commercial business more than the media. Today, the AFL players are paid more than ever and are used as marketing tools to promote and sell the game, often to new fans in new markets of Australia - namely New South Wales and Queensland - who haven’t traditionally played Australian Football, preferring the rugby codes instead. But perhaps the biggest change in the AFL is that the play element is now used as function of business. Put simply, winning leads to more money. As such, the play element is now manipulated more than ever. The game has more coaches implementing more tactics, strategies, game plans and set plays than ever before. These changes can be linked back to the media’s influence on the game. This paper utilises the combined observations and theories of Johan Huizinga and Pierre Bourdieu to create a theoretical lens through which we can understand the media’s growing influence in sport and its impact on play’s transformation. The theory will then be expounded through an extensive analysis of the media’s influence in the AFL, particularly its play element. This analysis will be supported with insights and views from AFL fans, members, commentators and theorists.

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