LA TROBE Bulletin JUNE 2003

FOOD & LOVE IN A COLD CLIMATE

New home for Murray-Darling Research Centre NEWS Bulletin IN THIS ISSUE DEATH OF RICHARD Death of Richard McGarvie 2 Securing the future for water research 3 CESAR – all eyes on the environment 4 MCGARVIE Former WTO Head takes up La Trobe Law post 5 Prominent jurist, Public lectures – Karpal Singh Governor of , and Bernard Smith 6 La Trobe University Chancellor Research in Action The Vice-Chancellor of Filling mining industry’s holes La Trobe University, in the ground 7 Professor Michael Osborne, has paid a Food and love in a cold climate: tribute to Mr Richard when three species of fur seal collide 8 McGarvie Ð former Overhaul UN human rights and – but not Howard’s way 9 Chancellor of the Time to reform double jeopardy rule 10 University from 1981 to 1992 Ð who died on 24 May. Centenary Medal winners 11 A prominent jurist, Mr Hyllus Maris Memorial Lecture: McGarvie was Chancellor Giving voice to Indigenous 12 of La Trobe University Native title law below human when appointed Governor rights standards 13 of Victoria. He died at of 77 in Bethlehem Graduations 2003: Hospital, Caulfield, after Former Chancellor, Mr McGarvie, and his wife Lesley at the Bundoora campus in the early eighties. First Japanese Master of a short illness. Nursing graduates 14 ‘During his long term as Chancellor, Professor Osborne said that the La Trobe Tending the ‘pillars’ of civil society 15 Richard McGarvie gave support and University community was much advice to all involved in developing our Rare honour for Vice-Chancellor 15 saddened at the death of the University’s then relatively new and growing third Chancellor who fulfilled the duties of Winning an audience – University. Breath by Breath! 16 this office in a most distinguished manner. ‘Among his enduring contributions are Professor Osborne said: ‘Following substantial revisions to the University’s wartime service in the Royal Australian Cover photo: legislation dealing with appeals and Seal research on Macquarie Island Navy, Richard McGarvie embarked on a grievances and the establishment of the Ð see story page 8 distinguished legal career which Office of the University Ombudsman. culminated in his appointment as Judge of the Supreme Court of Victoria in 1976. ‘In 1995, La Trobe University showed Richard McGarvie its appreciation by ‘Prior to this he was heavily involved in conferring on him the award of Doctor of a number of committees, councils, the University (honoris causa). The associations and other organisations citation described him as a man of vision, pertaining to legal and human rights Ð all sensitivity, humility and great moral manifestations of his lifelong quest for strength Ð characteristics he carried all The La Trobe Bulletin is published ten times a year by the justice and fairness to all members of our through his long and fruitful life. Public Affairs Office, La Trobe University. community. Articles may be reproduced with acknowledgement. ‘I would like to acknowledge publicly ‘We at La Trobe University benefited Photographs can be supplied. the role he played, not only in the not only from his professional experience Enquiries and submissions to the editor, Ernest Raetz, development of this University Ð but to the but also from his ever-present sense of La Trobe University, Victoria. 3086 Australia development of the State of Victoria and Tel (03) 9479 2315, Fax (03) 9479 1387 what was practical Ð and above all what its people.’ Email: [email protected] was just and fair. These included his Design: Campus Graphics, 50197 concerns for social justice and the La Trobe University. provision of education in the Printed by Vaughan Printing Pty Ltd. disadvantaged rural sector, particularly in Website: http://www.latrobe.edu.au/bulletin the north and west of Victoria.

2 LA TROBE UNIVERSITY BULLETIN NEWS

New home for Murray-Darling Clive James Freshwater Research Centre at La Trobe to give La Trobe- Securing the future for ABR Lecture Celebrated expatriate author, critic and high-quality water research television entertainer, Clive James, will deliver the La Trobe University- Australian Book Review (ABR) Annual he - laboratory of the The Albury-Wodonga link will help Lecture at 8pm on Friday, 25 July. The T Murray-Darling Freshwater Research ensure that the MDFRC can develop its lecture, to be held at the Arts Centre (MDFRC) has accepted an offer research along the entire length of the Centre Theatre, will be a key literary event from La Trobe University to move to its southern Murray-Darling Basin. It is also on the eve of this year’s Mildura Writers’ Albury-Wodonga campus. anticipated that La Trobe’s strategic Festival. He will also deliver the lecture in alliance with ’s Griffith The MDFRC and La Trobe already have on Monday, 28 July, time and University will help build a stronger a strong relationship through both venue to be announced. support network for the MDFRC’s collaborative research projects and the Clive James has lived in Britain since Northern Basin Laboratory in development of a joint research facility in 1962. He has written more than twenty Goondiwindi in southern Queensland. Mildura, to be completed late in 2003. books and countless essays and newspaper La Trobe, Dr Langford, said, recognised The Chairman of the MDFRC Board, Dr articles and is described by ABR editor, the benefits of developing regional John Langford, said: ‘The move represents Peter Rose, as one of the finest capacity to undertake multi-disciplinary a significant step toward securing the autobiographers of our time. research into issues of both regional and future of the MDFRC to ensure that the La Trobe University is a major sponsor of national significance. will continue to have access to high the ABR.

quality research on water issues.’ The decision follows a major review and Economist joins US extensive consultation between the MDFRC Board and stakeholders. Treasury Iraq team Dr Langford said the MDFRC Board of Professor Imad Moosa, Head of La Trobe University’s Department of Economics and Management believes the enhanced Finance, has been invited by the US Treasury to represent Australia on the team of relationship with La Trobe will allow the economists assembled to rebuild Iraq's financial sector. MDFRC to build capacity to deliver relevant information to managers and Professor Moosa joined La Trobe from the University of Sheffield in 1994 where he communities to help sustainable obtained his PhD in monetary economics in 1986. Until 1991, when be began lecturing in management of water resources. The economics and finance, Professor Moosa worked as a financial analyst, financial journalist MDFRC will continue to collaborate with and international banker, and also served on the staff of the International Monetary Fund. other and organisations for the The bulk of Professor Moosa's career has been spent as a professional economist and an benefit of the entire Murray-Darling Basin. investment banker and this has led to his expertise in securities portfolio management, treasury and foreign exchange, direct investment and syndicated loans.

JUNE 2003 3 NEWS

All eyes on the environment

How do industrial chemicals and global warming change the world in which we live? Monitoring this change Ð and in certain circumstances trying to manipulate or prevent such change Ð is the role of CESAR. And rendering onto CESAR funds for this important work is the nation’s peak government research body, the Australian Research Council (ARC). CESAR, based at La Trobe University’s main Melbourne campus at Bundoora, stands for the Centre for Environmental Stress and Adaptation Research. As an ARC-funded special research centre, CESAR combines the skills and expertise of scientists from La Trobe, Melbourne and Monash universities. Queensland rainforest and named after an Professor Hoffmann, left, and PhD student, CESAR Director, La Trobe’s Professor indigenous mythical water fairy. Ms Michele Schiffer, discuss their research with Ary Hoffmann, recently hosted a visit to ARC Executive Director of Biological Science and Populations of several species of Centre by the ARC, part of its inspection of Biotechnology, Professor Alan Johnson. drosophila are being evaluated for their Ms Schiffer works with the Climatic Stress Group research programs at the University. ability to cope with hotter and drier of CESAR and is collecting and studying the flies Professor Hoffmann said the environments. Thousands have been for her doctoral thesis. environment is increasingly coming under collected from more than 50 places threat from a range of stresses, including between Iron Ranges National Park near land degradation, salinity, industrial the top of Cape York in far north pollutants and climate change. Queensland, to Huonville in southern ‘Our mission is to understand the way . Scholarship to organisms respond and adapt to these ‘For example, we have shown that when changes and to disseminate this flies from a temperate environment honour Bali information to industry and community encounter winter they shut down their groups.’ reproduction until spring, while tropical bombing victim At La Trobe, CESAR involves a team of flies are not able to do this effectively. We A scholarship to honour the memory of more than 35 senior staff, research are now isolating the genes that are Bali bombing victim, La Trobe University assistants, and postgraduate students. responsible for such changes and have graduate Andrea Hore, is being set up on identified several candidates. Professor Hoffmann said the first two the University’s Albury-Wodonga campus years of the ARC-financed project had ‘In the long run, by understanding the to help business students at that campus. already led to some interesting discoveries. processes and genes involved in climatic Ms Hore graduated with a Bachelor of For example, one study involves testing adaptation, we can develop ways of Business (Enterprise Development) before how rainforest species can evolve in ensuring that organisms adapt to future gaining a managerial position with ISI- response to stresses arising from habitat environmental changes Ð something that is Master Foods Australia New Zealand. fragmentation and global warming. This extremely important in maintaining Strong community support through a fund work led to the discovery of a newly agricultural production and in conserving raising dinner and a generous donation discovered species of vinegar fly, threatened species in the face of global from Master Foods of $20,000 has brought warming and increased urbanisation,’ Drosophila bunnanda, found in north the appeal total to more than $50,000. Professor Hoffmann said.

4 LA TROBE UNIVERSITY BULLETIN NEWS

Former WTO Head takes up law post at La Trobe Former Director-General of the World Trade Organisation (WTO) and Prime Minister of New Zealand, Mike Moore, has been appointed an Adjunct Professor in La Trobe University’s Faculty of Law and Management. Professor Moore is well-known internationally as a proponent of a free and fair global trading system. He led the WTO from 1999 until 2002. A prolific author, his most recent book is AWorld without Walls (Cambridge University Press, 2003). More than a dozen governments as well as universities trading system during his term of office. the gap between developed and developing in the Americas, Africa, and Professor Walker says Professor Moore countries and the failure to integrate more Europe have honoured him. introduced significant changes to the way fully many Islamic countries into that Professor Moore has served as New the WTO operates. Maintaining the system; and the link between these Zealand Trade Minister, Foreign Minister organisation’s focus on its core business of challenges and national security. and Deputy Finance Minister. He was trade liberalisation, he also helped poor It will be held from 2 to 4.30 pm at the Prime Minister in 1990 and Leader of the countries participate effectively in the John Scott Meeting House on La Trobe Labour Party and Opposition from 1990 multilateral trading system. University’s main Melbourne campus at until 1993. He is also a member of the Previously an active participant in Bundoora. Privy Council. international discussions on trade Professor Bhala, a specialist in Born in Whakatane, New Zealand in liberalisation for New Zealand as Minister international trade law, comparative law, 1949, he worked as a printer, meat worker, of Overseas Trade and Marketing, and international business transactions, construction worker, social worker and Professor Moore played a leading role in has worked in more than 15 countries. trade union researcher before becoming launching the Uruguay Round of GATT Author of several books and co-author of a the youngest Member of Parliament ever negotiations. major treatise, World Trade Law, Professor elected in New Zealand in 1972. In November 2002, Professor Moore Bhala has been a consultant to the World Professor Moore’s term as Director- accepted an invitation to be a Special Bank and the International Monetary Fund, General of the WTO coincided with Advisor to the China Institute for Reform and a delegate to the United Nations momentous changes in the global economy and Development WTO Reference Centre. Commission on International Trade Law. and multilateral trading system. He has also worked as an attorney for the La Trobe University Professor of Federal Reserve Bank of New York. Commercial Law, Dr Gordon Walker Ð Trade, Islam and The seminar forms part of the who is organising a seminar on national security University’s course on International Trade international trade law at which Professor Law in the LLM in Global Business Law Moore will be keynote speaker on 1 July Ð under the program. says Professor Moore is widely credited microscope For details about course and seminar with restoring confidence in the system costs please contact Professor Gordon following the setback of the 3rd WTO Professor Moore and Professor Raj Bhala Walker on (03) 9479 1462 or Ministerial Conference in 1999. from The University of Kansas will be [email protected] He was the driving force behind the joint speakers at a seminar on ‘Great Schisms in Trade Ð The First, Third and decision to launch a new round of On Wednesday 2 July 2003, Professor Islamic Worlds and the Link to National multilateral trade negotiations at the 4th Moore will address an Australian Security’, to be held at La Trobe WTO Ministerial Conference in 2001. This Institute of Company Directors luncheon. University on Tuesday 1 July, 2003. saw the accession to the WTO of China, The luncheon will be hosted by the AICD Chinese Taipei and a group of smaller This seminar will discuss what Professor and sponsored by La Trobe University’s nations, bringing the majority of the Walker describes as the ‘two great Graduate School of Management. Details world’s population within the rules-based challenges in the world trading system’: from Tel: (03) 9479 3106.

JUNE 2003 5 PUBLIC LECTURES

Karpal Singh visits La Trobe

High-profile Malaysian defence lawyer met members of University’s Malaysian and politician, Mr Karpal Singh, recently Students’ Association. spoke on the University’s Bundoora La Trobe also leads a consortium of top campus about human rights, the rule of law Australian universities in partnership with and the rise of Islamic fundamentalism in Nilai College in Malaysia offering Malaysia. university degree programs on a 'twinning' A long-standing opposition parlia- model in Malaysia. mentarian and an ardent defender of human rights, Mr Singh is National Deputy Chairman of Malaysia's Democratic THE ART OF BEING AUSTRALIAN Action Party. Cultural historian, Professor Bernard Smith, He is a key defence lawyer in the case recently delivered the second La Trobe against former Malaysian Deputy Prime University ‘Thesis Eleven’ Lecture on Minister, Anwar Ibrahim. Karpal Singh La Trobe University’s main Melbourne campus was also defence barrister for Australians at Bundoora. Barlow and Chambers, who were convicted and executed for drug Widely recognised as one of Australia's trafficking in Malaysia. leading intellectuals in anthropology and art history, Professor Smith spoke on Writing Art Mr Singh said the Internal Security Act, History in Australia. the British-based common law legal system and judicial independence had been The lecture was organised by La Trobe University’s Thesis Eleven Centre for Critical repeatedly used by Dr Mahathir’s Theory. Centre Director, Professor is the author of the recent biography of government over the years to detain Smith titled, Imagining the Antipodes. political opponents and, more recently, in Professor Beilharz says Smith's work ‘provides fascinating perspectives on Australian convicting his former deputy, Anwar culture and identity. It enables Australians to think about matters of place and cultural Ibrahim. imperialism through the image of being not Australian so much as antipodean.’ Mr Singh also warned of the dangers to The lecture was part of an all-day seminar which also featured ethnohistorian and award- Malaysia’s present legal system as a result winning author Professor , poet Professor Chris Wallace-Crabbe, and La Trobe of President Mahathir’s political strategy art historians Dr Richard Haese and Dr Robert Gaston. of courting the fundamentalist Muslim vote by declaring Malaysia an Islamic It allows them to work in pleasant state. Space to learn surrounding at their own pace, individually Not only was this claim constitutionally for international or in groups, calling on academic skills incorrect, Mr Singh said, but it encouraged advisers when they need direction. those who sought to impose Islamic students The unit helps some 450 students a year. ‘Sharia Law’ on a multi-cultural society It also teaches for credit two subjects The University’s Language and Academic where a great many people were non- which deal with English as a second Skills Unit has opened a Learning Centre Muslim. language, conducts workshops ranging for international and local students who from taking lecture notes to critical Concluding with Dr Mahathir’s use English as a second language. comment that he would step down from analysis for essays, and offers a leadership later this year, Mr Singh said Dr The Centre gives students from many postgraduate bridging course dealing with Mahathir would nevertheless continue as countries and different cultures in all research in Australian academic culture. faculties a quiet area where they can study, the power behind the scenes. Opening the Centre, the Vice- borrow materials and use computers. Mr Singh’s visit was organised by Chancellor, Professor Michael Osborne, Malaysian specialist, Dr Alberto Gomes, said with Australian universities becoming from the School of Social Sciences. He truly international, initiatives of this sort said nearly ten per cent of La Trobe’s were very important. overseas students come from Malaysia, ‘I congratulate all those involved in making it one of the largest source- setting up this area. I’ve spoken to the countries of foreign students for the students and I know they will find it University after China. extremely useful.’ Following the lecture, Mr Singh, whose nephew Raj Singh is a student at La Trobe,

6 LA TROBE UNIVERSITY BULLETIN LA TROBE UNIVERSITY RESEARCH IN ACTION Filling those holes in the ground Refilling the subterranean shafts and Pigdon, originally from Cohuna, began his tunnels that mining companies dig to PhD research part-time in 1993 under the extract ore may not appear to have supervision of Associate Professor Joe profitable or pleasant results. But the Petrolito and Mr Ross Anderson, with a contrary is true. joint collaborative grant from the ARC and Efficient lower-cost backfilling a company, Australian Mining techniques can mean huge financial savings Consultants. for mining operations, enhance the safety For more than a decade, Dr Pigdon of miners working underground, and create carried out an extensive series of tests in a better environments on old mine sites. laboratory at La Trobe, Cement is expensive to buy and Australia is at the forefront in efforts to investigating various combinations of transport and the industry has long sought develop new backfill technology thanks to calcined gypsum from a number of sources practical cheaper substitutes. Dr Pigdon a decade of dedicated research by recent and mining residue from three mines Ð explains that gypsum and some other La Trobe University Bendigo PhD Broken Hill, Golden Grove in Western natural materials have the potential to graduate, Dr Scott Pigdon. Dr Pigdon’s Australia and an abandoned gold mine substitute for cement following certain PhD thesis described new and innovative near Bendigo. The aim of the research was treatments Ð and this has been the basis of ways whereby calcined gypsum can be to find an efficient substitute for cement, his decade long project. which has been the main binder used to substituted for cement to bind and Calcium and sulphate-based, gypsum is stabilise mine backfill since the 1960s. strengthen mining backfill. a suitable material because it is found After completing a Bachelor of Applied Mining regulations introduced several naturally in old evaporative basins Ð Science degree and Honours in decades ago have forced the mining industry ancient lakes now dried up. Inland Biotechnology at La Trobe Bendigo, Dr to clear up mining sites, leaving them Australia, where most mining takes place, ‘environmentally friendly’. Previously, in can be near these evaporative basins so many areas including gypsum could be plentiful near mining Broken Hill, underground sites and is thus relatively cheap to mining operations generated transport. Also, gypsum is a by-product of huge unsightly ‘tailing’ several chemical processes, and if heaps Ð massive mounds of accessible to mine sites, could provide material left over after the economic and environmental advantages minerals had been extracted to several industries. from the ore. ‘While further research and in situ Returning mining residue testing is needed to fully examine the underground has a number of economic aspects of using this material, benefits. One is that results so far are promising,’ he said. Now traditionally, miners had to assistant manager of the Bendigo-based leave sections of the ore body company, Goldfields Testing Services, Dr in the ground to ensure that Pigdon works four days a week on soil their shafts did not collapse. testing and other operations, and one day By returning the residues continuing his research. underground and ‘The aim is to bring the technology to strengthening them with commercial application Ð resulting in cement, the backfill profit to the mining companies and generates enough support pleasure to those who will enjoy the that the ore body originally enhanced environment of old mining left behind can be extracted sites,’ Dr Pigdon said. for greater profits.

JUNE 2003 7 RESEARCH IN ACTION

WHEN THREE SPECIES OF FUR SEAL COLLIDE Vying for food and love in a cold climate Man’s greed and brutality Ð resulting in a In 1915 Sir Douglas Mawson noted a few, population comprised hybrids or lucrative ‘Seal Rush’ Ð led to the extinction but none were breeding there. ‘backcrossed’ individuals. of fur seals on Macquarie Island, 1500 km It was not until 1955 that the first fur She also found that, contrary to earlier south-east of Hobart. seal pup in more than 130 years was born findings about hybridisation between Within 15 years of its discovery in 1810, there. The increase in the population since Antarctic and subantarctic fur seals, nearly not a single survivor remained from the then has created many conundrums caused 80 per cent of hybrids and backcrosses had original population of about 200,000. by the cohabitation of three different resulted from females mating with Today, the identity of the original species species Ð Antarctic, subantarctic and NZ itinerant NZ males. As NZ fur seals avoid is unknown. fur seals Ð and their hybrids. breeding colonies on the island, Yet more than 170 years after the last CSIRO scientist Dr Peter Shaughnessy researchers are perplexed as to how, where seal succumbed to the sealers’ clubs, fur began research on the Macquarie Island fur and why females mate with them. seals from three species are attempting to seals in early 1980s. A decade later Dr ‘Perhaps females slip away from the colonise the island, vying for the island’s Goldsworthy, with the advantage of breeding territories when they come into rich seasonal food resources. It is the only developments in DNA technology, began oestrus, to copulate with NZ males near location where three such species occur to unravel some of its mysteries. their resting areas where they come together and, most unusually, undergo Since then, systematic DNA sampling of ashore,’ says Ms Lancaster. ‘However, this extensive hybridisation. all pups born in each breeding season, and raises important questions about the The population’s recovery has been the of most of the adult breeding population, females’ ability to recognise males of their focus of a 15-year monitoring program by has provided samples from which the own or other species.’ La Trobe University ecologist, Dr Simon extent, trends and implications of Goldsworthy. hybridisation can be determined, as well as ‘Fur seals are back and increasing – but providing important insights into the way their population is an incredible biological barriers to gene exchange function, the mess,’ says Dr Goldsworthy. ‘We have genetic basis of these barriers, and the years of work ahead to determine how and dynamics of the ‘speciation’ process. why the population got to this point, and During this time, the population has the implications that hybridisation will undergone a rapid increase of about 13 per have on the future status of each species,’ cent per year. DNA analysis undertaken by Dr Goldsworthy says. Dr Goldsworthy in the early 1990s ‘We are engaged in, or are initiating, identified that the breeding population research programs into their origins, comprised Antarctic and subantarctic fur mating and breeding patterns, problems seals, and a non-breeding visiting relating to hybridisation, and other population of mostly male NZ fur seals. conservation and management factors.’ With the advent of new molecular tools The research will take another step to investigate nuclear DNA, significant forward next summer when PhD student, levels of hybridisation were recorded Ms Melanie Lancaster, co-supervised by between the two breeding species, but not Dr Paul Sunnucks, will spend three months with NZ fur seals. on the island undertaking a range of tasks Ms Lancaster, a molecular biologist, did including ‘paternity’ testing next season’s her honours thesis working on DNA cohort of pups, about 160 of which are specimens that Dr Goldsworthy brought born there annually. back from Macquarie Island in the late Ms Lancaster explains that no fur seals 1990s. From these she made the startling were observed on Macquarie for 100 years. discovery that more than one-third of the

8 LA TROBE UNIVERSITY BULLETIN RESEARCH IN ACTION

Dr Goldsworthy’s earlier genetic studies ‘When Australia thumbs its nose at basic standards, human found that female Antarctic and subantarctic fur seal females, a highly rights abuses become easier for less democratic states.’ polygamous animal, were choosing their mate, rather than just accepting any male, to optimise the reproductive success of Overhaul UN human rights, their offspring. Mate-choice, he says, can reduce the ‘potential fitness costs’ involved in mating with hybrids or the but not Howard’s way wrong species. Although the recent results support that ‘pre-mating barriers’ Ð the ability to recognise another species Ð may be well developed between Antarctic and subantarctic fur seals, females of these species appear to have a poor capacity to discriminate between their own and NZ fur seal males. ‘We believe the extensive hybridisation and backcrossing with NZ fur seal males may be a consequence of the high numbers of ‘unsuitable’ hybrid territorial males in the population, and the lack of range overlap with NZ fur seals. Sharing the same range typically leads to the evolution of more developed species recognition capabilities.’ Dr Goldsworthy concludes: ‘The only population where such mating barriers Photo: Getty Images could have developed historically was United Nations Human Rights committees pursued at the expense of international Macquarie Island Ð and that population are in dire need of an overhaul but obligations often pioneered by Australia in was completely eliminated. As a Australian proposals for reform are aimed the past.’ consequence, if any mating barriers had only at further covering up a lamentable In his paper, Dr Zifcak said Australia’s developed, they have now been lost.’ retreat from international obligations under relations with UN Human Rights the Howard Government, according to committees had deteriorated to an La Trobe University academic, Associate unprecedented degree. Professor in Law, Spencer Zifcak. ‘The Government has had a stunning Dr Zifcak’s comments came in a paper public relations success in side-lining he wrote for the public policy think tank, human rights by exploiting economic the Australia Institute, titled the New Anti- insecurity and, more recently, terrorism, Internationalism: Australia and the United and painting human rights supporters as a Nations Human Rights Treaty System. politically correct minority, anti-nationalist Dr Zifcak is also a Vice-President of the and at odds with the so-called forgotten International Commission of Jurists. Anglo-Saxon majority. Launching the report, Dr Clive ‘Australia was a proud contributor to the Hamilton, Executive Director of the international legal regime so patiently and Institue described it as ‘one of the most co-operatively set up after World War II. comprehensive analyses to date of Our rejection of it now is contributing to Australia’s role in recent bitter altercations its corrosion. The long-term harm to with UN committees on human rights standards of human rights internationally issues from the Tampa and the so-called is incalculable. Pacific Solution to our ongoing failings with indigenous affairs’. ‘When Australia thumbs its nose at basic standards, human rights abuses become He said Dr Zifcak details Australia’s easier for less democratic states,’ Dr Zifcak intransigence in the face of UN criticism. said. ‘He traces the Howard Government’s move away from international human rights law to populist domestic politics

JUNE 2003 9 RESEARCH IN ACTION

Retrial after acquittal Time to reform the double jeopardy rule?

verdict of acquittal at the first trial. Thus Australia Ð Dr Corns cites several cases, in the law, as interpreted by the High Court in the and New South the Carroll case, is in contrast to reform Wales Ð he says unlike the UK and NZ, we Dr Corns: The issue is whether there ought to be initiatives in several Australian States, the have had few high-profile cases. further limited exceptions. United Kingdom and New Zealand. His paper points out there is no evidence ‘Further, the High Court decision in this of widespread public concern in Australia aymond John Carroll Ð as anyone case is also in contrast with legislative with ‘apparently’ guilty persons being reading newspapers or watching R provisions in two Australian jurisdictions, acquitted. So what is the extent of the television is well aware Ð was convicted Tasmania and , where problem in Australia? and then, following an appeal, acquitted retrial following acquittal is possible in for murdering a 17-month-old girl. ‘In the United Kingdom, the House of limited circumstances. Commons Home Affairs Committee was That was in 1985. The girl’s body had ‘Equally important, the law in Australia told that there are at least 25 homicide been dumped on the roof of a toilet block regarding double jeopardy is inconsistent cases where the accused was acquitted of in Ipswich 12 years earlier. For more than with principles recognised in the European murder and subsequently fresh evidence a decade, Carroll has escaped various Convention on Human Rights and the has emerged which could justify a retrial if attempts to bring him to justice, based on International Covenant on Civil and such a procedure existed.’ claims of compelling new evidence. Political Rights. These permit the To the best of his knowledge, Dr Corns At the heart of this controversy is a reopening of a case following an acquittal says no equivalent data exists in Australia. corner-stone legal doctrine ‘double where fresh evidence of guilt has emerged Police and prosecutors generally close files jeopardy’ that prevents people from being or there is evidence that the trial was following acquittals as a consequence of tried twice for the same crime. "tainted".’ double jeopardy, and there has been little Despite its central importance to our Since the controversial High Court research. criminal law and criminal justice system, decision, Australia's Attorneys General in ‘However, we do know that the acquittal there has been little legal research in April 2003 embarked on the first steps rate for many serious crimes is surprisingly Australia into double jeopardy. towards a national review of double high. What we lack is data about how often La Trobe Law School’s Dr Chris Corns jeopardy in Australia. All of which means fresh evidence of guilt subsequently is one of the few legal scholars in Australia Dr Corn’s study is now extremely relevant. emerges in these cases.’ who has studied the area at some length, There is no suggestion of abolishing the Finally he cautions that there needs to be recently publishing a review of whether prohibition against double jeopardy, Dr a clear distinction between reforms based reforms to traditional principles of double Corns explains. The rule protects citizens ‘on reasoned principles of justice and jeopardy can be justified in Australia. from potentially oppressive and unfair fairness (and) reforms based on the He says following high-profile cases conduct on the part of the state. However, "politicisation" of unpopular outcomes in overseas, the doctrine of double jeopardy the law already recognises a number of high profile criminal cases Ð the "knee-jerk has already been relaxed in New Zealand exceptions where public interest outweighs reactions" of politicians wanting to be seen and the United Kingdom. Even more the interests of the accused. to be doing something about crime and radical statutory reforms can be expected ‘The issue is whether there ought to be perceived miscarriages of justice following in those countries in the near future. further limited exceptions where it extensive coverage of particular cases by Similar moves have also begun in strongly appears that a guilty person has the media.’ Australia, prompted by the Carroll case. escaped conviction and punishment for a ‘It can be safely concluded,’ says and Victoria have serious offence.’ Dr Corns, ‘that even if retrial post-acquittal already foreshadowed reform. Dr Corns concludes there is a case for on fresh evidence was permitted, the number The recent High Court decision in the such exceptions ‘in a narrow range of of such cases in Australia would be case confirmed not only the prohibition circumstances’ and that ‘uniform very small.’ against a second trial for the same offence principles should be developed to provide Dr Corn’s paper appeared in the April – but also, says Dr Corns, ‘a common law consistency in each Australian 2003 edition of the Criminal Law Journal. prohibition on a second trial for a different jurisdiction’. He will also speak on this topic in July in offence (perjury) where evidence sought to While there has been some public Perth to the Australian Association of be led by the prosecution controverted the concern over particular acquittals in Crown Prosecutors.

10 LA TROBE UNIVERSITY BULLETIN CENTENARY MEDAL WINNERS

They’ve helped make the world a better place

Their careers have helped those less La Trobe Chancellor, Emeritus The list of those honoured is too long to fortunate gain access to the law Ð or Professor , one of Australia’s detail all individual achievements here. contributed to our comprehension of the leading biological scientists, has However, many stories about the research cosmos. And their positions range from strengthened the links between and community service of Medal Chancellor and Vice-Chancellor of the universities, industry, science and the recipients have appeared in this magazine University to Head Ranger of the public. A microbiologist and pioneer of the over the years. Bundoora campus Wildlife Reserves … study of fermentation technology in The above are just some examples of a Australia, she chaired the surveillance The Centenary Medal winners are: committee on genetic engineering for the broad cross-section of La Trobe staff and Professor , Research associates recognised in the recent Commonwealth Government for 22 years Centre for Linguistic Typology; Professor Barry Australian Centenary Medal Awards. A and has been Chancellor of La Trobe Blake, Linguistics; Dr Ross Brady, Philosophy; meeting of the University Council University since 1992. She was also Dr Joseph Brown, Benefactor; Dr Kate congratulated all the winners who, in the recently awarded an Honorary Doctor of Burridge, (formerly) Linguistics; Mr Ross words of Prime Minister, Mr , Laws degree from the University of Campbell, Council member; Dr Inga Clendinnen, Emeritus Scholar, History; have helped make our country and the Melbourne. Emeritus Professor Keith Cole, Physics; Ms world a better place at the commencement Vice-Chancellor, Professor Michael Sandra Cooke, (formerly) Law and Legal of a new century. Osborne Ð who has led La Trobe University Studies; Ms Liz Curran, Law and Legal Studies; For example, two La Trobe Law staff, for 13 years, overseeing its expansion Emeritus Professor Ross Day, Psychological Mary Anne Noone and Liz Curran, have internationally and nationally Ð was Science; Professor Stephen Duckett Dean, been involved for many years in the honoured for his service to Australian Health Sciences; Emeritus Professor Brian University’s partnership with the West society and the humanities in classical Ellis, Philosophy; Professor John Fitzgerald, Heidelberg Community Legal Service, studies. Asian Studies; Emeritus Professor Elliot where La Trobe students help people in Professor Osborne was recently also Forsyth, European Languages; Dr David Frankel, Archaeology; Professor Alan Frost, need and learn about ‘real life’ legal accorded the rare honour of being History; Dr Piero Genovesi, Italian Studies; Mr practice. appointed a Professor of Peking University Wayne Gregson, Member, Bendigo Regional Advisory Board; Dr , History; Professor , History; Mr , former Council member; Ms Ella Lowe, Head, Nursing and Midwifery; Emeritus Professor Alexander Mathieson, Chemistry; Mr Gordon McKern, Council member; Dr Joan Barclay Lloyd, Art History; Dr Alison McClelland, Social Work and Social Policy; Medal winners, from left, Professor Cole, Mr Paras, Ms Noone, Chancellor Millis Professor Robert Manne, Politics; Emeritus where he will give lectures and workshops Professor Nancy Millis AC MBE, Chancellor; Also honoured was La Trobe Emeritus Ms Mary-Anne Noone, Professor Michael Professor Keith Cole one of the world’s in Greek archaeology, epigraphy and history, see page 15. And Deputy Vice- Osborne, La Trobe’s Vice-Chancellor and leading solar-terrestrial physicists. His President; Emeritus Professor Eric Osborn, Chancellor (Research) Professor Fred Centenary Medal co-incided with the History; Mr George Paras Head Ranger, Smith was also among the medal winners, award of Life Membership of the Wildlife Reserve; Emeritus Professor John International Scientific Committee on receiving his for contributions to applied Salmond, History; Professor T Fred Smith, Solar Terrestrial Physics (SCOSTEP). physics. Deputy Vice-Chancellor (Research); Emeritus Professor Bruce Stone, Biochemistry; Ms Janna Only nine such awards have been made Head Ranger of the University’s Wildlife Thompson, Philosophy; Emeritus Professor in 20 years. Professor Cole served as Reserves, George Paras, was recognised for his services to the Reserves, a show-piece Alan Wardrop (Dec) Botany; Dr Jennifer Webb, president of SCOSTEP in the 1970s and Archaeology; Dr Robert Young, Philosophy. 80s, helping co-ordinate major programs campus environmental restoration project that has captured the imagination of Note: As the awards were made direct to including the International Magnetospheric individuals, it is possible there may have been environmentalists far and wide. Study and Middle Atmosphere Program, some omissions in compiling the list. For these involving scientists from more than 30 we apologise. countries in ground-based and satellite experiments. JUNE 2003 11 HYLLUS MARIS MEMORIAL LECTURE

Giving voice to Indigenous Australia

‘The Yorta Yorta sat patiently on the public agenda, and that universities had a role this process. NATIVE TITLE: at the back of the court, ‘This University made a public THE GLOVES waiting for justice to be declaration of support in adopting the delivered, while their Declaration of Reconciliation in 2001. We ARE OFF have many issues to address to further the Hyllus Maris lecturer Dr Wayne Atkinson, independent voices were participation and success of indigenous a La Trobe University graduate in Law and spirited away by outsiders.’ students.’ Arts and one of the seven native title The Hyllus Maris lecture was claimants presenting the lecture, said The ‘historical lack of voice’ for established in 1999 in memory of claimants had ‘suspicions or indigenous issues in Australian universities Aboriginal leader, writer and educationist apprehensions’ about the native title is acknowledged by La Trobe University Hyllus Maris, a founder of Worawa process at the beginning of their claim in through its Hyllus Maris lecture series, College for Aboriginal secondary students 1994. Pro Vice-Chancellor (Equity & Access), in Victoria. ‘Those suspicions or apprehensions Dr Kerry Ferguson said when launching It was delivered jointly by seven Yorta were well founded. They were based on this year’s lecture. Yorta claimants, La Trobe graduate, Dr the realities of past experiences, the However, it was the fate of indigenous Wayne Atkinson, Margaret Wirrpunda, mindset of antipathy towards our people voices within the legal system that was Colin Walker, Josie Briggs, Elizabeth that still exists and the inability of the central to the lecture, detailing the Yorta Hoffman, Des Morgan and Ella Anselmi. Anglo-legal system to deliver real justice Yorta claimants’ experiences of their Former co-ordinator of the Yorta Yorta to our people. native title case. Titled Our Country Ð clans, Monica Morgan, and former counsel ‘No tide of history will ever wash away Pushing Back the Tide of History, the for the Yorta Yorta people, now Judge those views. They are forever etched into lecture was attended by about 500 people. Ross Howie, also spoke. the memory bank of our people.’ An annual indigenous cultural event, the The lecture was preceded by Aboriginal He said the Hyllus Maris lecture was the lecture also featured award-winning and Torres Strait Islander and Social first time that the Yorta Yorta nation, Aboriginal singer, Jimmy Little. Dr Justice Commissioner, Dr William Jonas, through the family representatives, had the Ferguson said the evening highlighted the conducting the Victorian launch of his opportunity to speak for themselves on the importance of keeping Aboriginal issues 2002 Social Justice and Native Title one platform for the ‘ancestral lands that reports (see story next page). we love so much’. The Yorta Yorta claim, covering several Dr Atkinson said vast resources thousand kilometres of land and water in committed to native title have created a Victoria and New South Wales, began in ‘Native Title Industry’. Native title 1994. In 1998, the Federal Court ruled that claimants, to whom the industry owes its the Yorta Yorta people's claim had failed to existence, benefit the least. prove that their traditional laws and ‘This was clearly demonstrated to us. customs, which form the basis of native The Yorta Yorta sat patiently at the back of title, had the court, waiting for justice to be survived the delivered, while their independent voices impact of were spirited away by outsiders.’ white settlement. State governments were able to absorb The ruling was extremely high levels of expenditure in upheld on opposing claims without public protest. This appeal by a led to a massive increase in the cost and

Singer Jimmy Little. Other High Court complexity of the process for all parties. photos, top of page, six of the judgment late Hyllus Maris lecturers and, right, last year. Dr Atkinson delivering his lecture.

12 LA TROBE UNIVERSITY BULLETIN HYLLUS MARIS MEMORIAL LECTURE

While our people suffer, the land Molly Dyer Prize will suffer for 'Stolen ‘While our people suffer, the land will suffer,’ Margaret Wirrpunda said, wearing a Generation' essay possum skin coat handed down by her mother. Her family come from the Barmah Forest region of the . ‘Where our ancestors sleep is sacred ground. It’s where their Lee-Anne Daffy, a student from La Trobe spirits have returned to the Dreamtime Ð and University, Bendigo, has won this year’s they cry out for us to achieve justice.’ Molly Dyer Prize for an essay calling on social workers to confront their role in the The Barmah Forest held the spirits of the ‘Stolen Generation’. Yorta Yorta and, even though many of her people had been removed forcibly from there The prize is awarded at the Hyllus Maris by European settlers, she said she can trace her Lecture by the Darebin Aboriginal and family back to Ulupna tribal lands. She is a Torres Strait Islander Community Council descendent of Barkabilly, who lived more than for an outstanding essay written by an 150 years ago. A record of these links, she said, indigenous person about indigenous still exists in Aunty Marj Tucker’s book, issues. If Everyone Cared available at most good Ms Daffy, in the fourth year of her book stores. Bachelor of Social Work degree, said the authoritarian roles played by social workers and other professions have a rippling effect on indigenous He said non-indigenous parties, communities, inciting continued mistrust particularly the large cohort of lawyers, and instinctive fear. were enriched, seeming to ‘gain more ‘I offer this essay to challenge the from prolonging proceedings than from thinking of social workers and others and resolving them.’ to increase understanding of Indigenous ‘Indigenous claimants have had to wait issues.’ Dr Jonas, right, and Yorta Yorta elders’ impoverished on the periphery of the representative, Mr Henry Atkinson. native title process. Yorta Yorta Nations Inc has been drained of its resources, most Native title law below human rights of which were siphoned off by the "expert" industry. standards ‘The words of many indigenous voices Australian law remained incapable of to enjoy and protect their culture and that Mabo "gave an inch but took a mile" dealing with indigenous rights Ð while the property rights. and would deliver "not one iota of justice" Federal Government continued to He called on the government to put to Kooris in the south, have been marginalise indigenous issues, adopting an reconciliation and native title back on the vindicated,’ Dr Atkinson said, warning antagonistic and adversarial approach. national agenda. However, he said instead, ‘the gloves are now off’ as far as native These points were made by Aboriginal the government proposed to abolish the title was concerned. and Torres Strait Islander and Social position of Aboriginal and Torres Strait ‘As we have seen so far, native, or the Justice Commissioner, Dr William Jonas, Islander and Social Justice Commissioner. original title has been reduced through the speaking before La Trobe University’s The post was created in 1992 to ensure political and legal processes to a form of Hyllus Maris lecture, during the Victorian ongoing national monitoring of human permissive occupancy, similar to that of launch of his 2002 Social Justice and rights for indigenous people. the infamous reserve system of 19th Native Title reports. The government's plan was to century Australia.’ He said reconciliation was a priority for restructure the Human Rights and Equal the second term of the Howard Government, Opportunity Commission, replacing the but did not rate a mention in recent existing specialist commissioners with announcements of the Government's three new ‘generalist’ Human Rights strategic long term vision for Australian Commissioners. society. None of the general commissioners Indigenous issues were no longer treated would have specific responsibility for as a national priority, and there were indigenous social justice issues, nor would fundamental shortcomings in the native title they be required to have had ‘significant system that failed to meet the human rights experience’ in the community life of standards required at international law. indigenous people, Dr Jonas said. Dr Jonas saw the legal principles that The reports are available at: www.humanrights.gov.au have emerged from the High Court as providing a barrier for indigenous people JUNE 2003 13 GRADUATIONS 2003

FIRST JAPANESE MASTER OF NURSING GRADUATES AT LA TROBE The first Japanese graduates from a new La Trobe University distance education program in advanced nursing recently received their degrees on the University’s main Melbourne campus at Bundoora. All registered nurses, the 15 students concluded their Master of Nursing Studies course by spending a week on campus in May. They attended seminars and visited several of the School of Nursing and Midwifery’s Clinical Schools, including those located at the Bundoora Extended Care Centre, the Alfred and Austin hospitals. Their course involves flexible self-directed study based on Japanese and English materials prepared by La Trobe, complemented by Japan-based tutors and Japanese-speaking lecturers and administrators at the Bundoora campus. Now in its 6th intake, the program has more than 100 enrolments. The visit enabled students to mix with nurses from another country and to see aspects of another health care system in operation. La Trobe launched the course in association with the Nissoken Group, a non-profit semi-governmental organisation that focuses on educational programs and publications for nurses in Japan. Signs for success NEWS EDITOR TURNS PhD Community newspaper editor and mother of seven, Mary Jo Fortuna, recently graduated with a PhD in Sociology from La Trobe University, Bendigo. A lecturer at the Bendigo and campuses of the University, she has spent 15 years studying to achieve her dream of a PhD Ð after being widowed in the early 1980's with seven children aged from two to 15 years. ‘I realised I needed a career and took up Kan Arthayukti, left, recently became the history at Mahidol University's a Bachelor of Arts part-time at La Trobe first deaf person to receive a research Ratchasuda College and Ms Bunyapen to a University and have never looked back,’ degree Ð Master of Arts in Deaf Studies Ð career as a kindergarten teacher. she said. at La Trobe University. He and Sasipa They were students at La Trobe After completing her Honours degree, Bunyapen, a Master of Sign Language University's National Institute of Deaf she began teaching sociology and politics graduate in linguistics, converse after their Studies, the only facility of its type in and began research in women's issues and recent graduation ceremony on the Australia. It is recognised nationally and social theory. University's main Melbourne campus at internationally for its strengths in deaf She said her doctoral thesis ‘Other Ways Bundoora. Both have returned to work in studies and sign language research and Thailand, Mr Arthayukti to teach deaf of Counting to One: Women's Spirituality teacher training. and the Pursuit of Wholeness’ draws on the Beguine Movement of the 12th to 15th D.M. Myers Medals for top graduates centuries to suggest the positive The designer of an ingenious ‘wireless’ La Trobe University’s first Vice- contribution of a feminist approach to link between personal computers and their Chancellor, Dr David Myers, donated the solving the world’s ‘problems’. peripherals is one of five La Trobe D.M. Myers Medal to be awarded annually Dr Fortuna said the PhD offered a sense University graduates to win 2002 D.M to the outstanding honours graduate in of personal achievement Ð and the Myers University Medals. each of the University’s five faculties. availability of university courses in the Karol Szwed was top student for both Other winners of the medal were: John region was crucial to her returning to Electronic Engineering and Computer Ozcan (Health Sciences); Andrew Graham study. ‘It is also one of the reasons I am Science in 2002. He now works for a Pooley (Humanities and Social Sciences); committed to teaching at a regional leading IT company and a number of Sean Patterson (Law and Management); campus.’ commercial companies have expressed an David Charles Nightingale (Regional interest in the invention. Development).

14 LA TROBE UNIVERSITY BULLETIN NEWS

URGING GRADUATES TO TEND THE ‘PILLARS’ OF CIVIL SOCIETY In recent years, as the powers of the state ‘Similarly, "economic rationalism" that Rare honour for and the demands made upon it increase, has come to dominate our lives is not as many see law more and more as an simple as it sounds. There are different Vice-Chancellor instrument for social control and social forms of this. In Anglo-American and La Trobe University’s Vice-Chancellor, change Ð and, in recent months, as a tool of Thatcherite terms it denotes the capacity of Professor Michael Osborne, was recently authoritarian government. property or wealth to do as it has the power accorded the rare honour of being This was one point made by Emeritus to do, without regard to others, subject appointed as Professor of Peking Professor Alice Ehr-Soon Tay, President of only to the constitution and law, to social University. The award was presented the Human Rights and Equal Opportunity responsibility. during a ceremony in Beijing. Commission, in a wide-ranging graduation ‘Such "economic rationalism" supports Peking University, founded in 1898, has address titled ‘Pillars of Civil Community: the exclusionary power of private property long been recognised as the most Law, Justice and Education’, that she which together with the right to the pursuit prestigious University in China and its delivered recently on the University's of happiness leads to an egoistical social status was recently re-affirmed in the so- Bundoora campus. philosophy. called 985 Program (a program designed to Professor Tay said governments want to ‘In Europe, economic rationality as the benefit nine leading universities in China). substitute social policies and expression of private property, of the Professor Osborne has been appointed administrative direction for law and legal power of property and wealth, is limited by as Professor in the School of Archaeology values and procedures, elevating, among constitutional and legal responsibilities to and Museology in the Faculty of other things, ‘purposes over tradition, and the less fortunate; hence the public law Humanities and he will give lectures and sovereignty over individualism’. principle of the social responsibility of workshops in Greek archaeology, ‘I want to stress that personal success is, property. epigraphy and history. of course, not to be denigrated. It is very ‘This means that no private property can Professor Osborne said: ‘This important to pursue and achieve the goals be used in a manner that does not take into appointment is a very significant honour that we set ourselves. However, we live in account the social needs of the for me personally, but it also reflects the an age where the philosophy of "liberal community,’ Professor Tay concluded. exceptionally strong links that La Trobe individualism" is one of our defining University has developed with the leading characteristics. universities of China.’ ‘Combined with our La Trobe’s Department of Archaeology pursuit of "economic has a particularly strong relationship with rationalism", we have Peking University and La Trobe staff created a culture where regularly give lecture programs and personal success and undertake collaborative archaeological economic security are work in China. La Trobe also has a well- viewed as the highest established joint program with the School good. The race to of Public Health of Peking University. succeed, to accumulate, Professor Osborne said that there was a to hoard and to consume steadily growing interest in Greek has become frighteningly archaeology and culture in numerous savage. Chinese universities Ð and noted with envy ‘The problem with that Peking University was constructing a such a philosophy is that large new complex for archaeology on its we do not live as main campus. individuals, but as In addition to this teaching appointment, families, communities, Professor Osborne holds honorary societies. And as such we professorships in numerous Chinese have a responsibility to universities, notably in the Sichuan contribute to a broader University and in Harbin Medical community because that University. On his most recent visit, broader community has Professor Osborne spent time in given so much to us Ð Heilongjiang, the most northerly Province health, security, support, of China, developing further links with education, opportunities. universities in Harbin, Daqing and Qiqihar.

JUNE 2003 15 ARTS

Winning an audience – Breath by Breath

Two members of La Trobe University’s Theatre and Drama Program Ð Peta Tait and Meredith Rogers Ð recently took their talents to town in a new play, Breath by Breath, and won over audiences and critics alike. The play attracted full houses every night during an extended 18 performance season at Carlton’s La Mama Theatre. Breath by Breath is a play within a play, set at the end of the 19th century. It revolves around Russian playwright Anton Checkov Ð struggling with consumption and creative crisis Ð and a group of displaced Russian Jews Ð battling prejudice still faced by minority groups and refugees today. The Herald Sun praised the play’s ‘haunting’ and ‘mysterious’ qualities, while The Age review began: ‘What a pleasure to encounter a new play that is as ambitious, powerful, moving and complex as this one. …Let us hope that this excellent production will be restaged for a larger audience,’ The Age concluded. Ms Rogers, who directed the play, won last year’s prestigious Ewa Czajor Award for dramatic direction. A founding member of the Mill Theatre Company with a strong interest in community and women’s theatre, she has a long list of successful productions to her credit. Breath by Breath was co-written by Dr Tait, her third major work performed in recent years. Dr Tait specialises in research into emotion and performance,

particularly in Russian theatre and Photo: Tess Flynn, LTU COMET.

Checkov, publishing a book on this subject Adrian Mulraney, foreground, Anastasia Malinoff and Robert Jordan in a scene from Breath By Breath last year. Bendigo One of the main characters was played 3 August by Bob Pavlich, Director of Student Shepparton, Mildura Theatre at the La Trobe University Union. 10 August Two La Trobe Theatre and Drama Albury-Wodonga, Mt Buller graduates, now working as professionals 17 August in the field, were also on the production Melbourne (Bundoora), team. 24 August

16 LA TROBE UNIVERSITY BULLETIN