Australia: Background and U.S. Relations
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Abuse of Process in Cross-Border Cases: Moti V the Queen
ABUSE OF PROCESS IN CROSS-BORDER CASES: MOTI V THE QUEEN * DANIELLE IRELAND-PIPER In a majority of six to one, the High Court in Moti v The Queen concluded that the act of state doctrine does not preclude findings as to the legality of the conduct of a foreign government, where such a finding is determinative of an abuse of process. The decision is a welcome addition to existing international jurisprudence on due process rights in prosecutions of extraterritorial conduct. In turn, it is a reminder that operating extraterritorially does not mean operating without accountability. I INTRODUCTION In Moti v The Queen,1 the High Court of Australia considered whether proceedings can be maintained against a person who has not properly been brought within the jurisdiction by regular means, or whether such proceedings are an abuse of process. In so doing, a majority of six to one concluded that the act of state doctrine does not preclude findings as to the legality of the conduct of a foreign government, where those conclusions are a necessary step to determining a question within the competency of the court. This article will conclude the findings of the High Court in Moti v The Queen are a welcome addition to jurisprudence on procedural irregularities in the prosecution of transnational crime. The High Court in XYZ v Commonwealth2 confirmed that the Commonwealth may rely on section 51(xxix) of the Constitution of Australia to assert extraterritorial criminal jurisdiction over Australian citizens. Such assertions are also permitted under international law by virtue of the active nationality principle.3 However, although useful in fighting transnational crime, assertions of extraterritorial criminal jurisdiction are sometimes overly politicised, and vulnerable to abuses of process.4 Therefore, the decision in Moti v The Queen has implications for the prosecution of offences for conduct occurring extraterritorially, and is a timely reminder for state officials and prosecutors that operating extraterritorially does not mean operating without accountability. -
Participatory Approaches to Law and Justice Reform in Papua New Guinea
PACIFIC ISLANDS POLICY 3 Safety, Security, and Accessible Justice Participatory Approaches to Law and Justice Reform in Papua New Guinea ROSITA MACDONALD THE EAST-WEST CENTER is an education and research organization established by the U.S. Congress in 1960 to strengthen relations and understanding among the peoples and nations of Asia, the Pacific, and the United States. The Center contributes to a peaceful, prosperous, and just Asia Pacific community by serving as a vigorous hub for cooperative research, education, and dialogue on critical issues of common concern to the Asia Pacific region and the United States. Funding for the Center comes from the U.S. government, with additional support provided by private agencies, individuals, foundations, corporations, and the governments of the region. THE PACIFIC ISLANDS DEVELOPMENT PROGRAM (PIDP) was established in 1980 as the research and training arm for the Pacific Islands Conference of Leaders—a forum through which heads of government discuss critical policy issues with a wide range of interested countries, donors, nongovernmental organizations, and private sector representatives. PIDP activities are designed to assist Pacific Island leaders in advancing their collective efforts to achieve and sustain equitable social and economic development. As a regional organization working across the Pacific, the PIDP supports five major activity areas: (1) Secretariat of the Pacific Islands Conference of Leaders, (2) Policy Research, (3) Education and Training, (4) Secretariat of the United States/Pacific Island Nations Joint Commercial Commis- sion, and (5) Pacific Islands Report (pireport.org). In support of the East-West Center’s mission to help build a peaceful and prosperous Asia Pacific community, the PIDP serves as a catalyst for development and a link between the Pacific, the United States, and other countries. -
Juila Gillard, 45, Says the Problem for Women in Politics Is That There Is Not a Set Image of What a Woman Leader Should Look Like
Juila Gillard, 45, says the problem for women in politics is that there is not a set image of what a woman leader should look like. Men, she says, simply get better-quality suits, shirts and ties. ‘Women have so many more options it’s easier to criticise,’ she says. ‘You have to take it with a grain of salt and a fair bit of good humour.’ in profi le JULIA GILLARD From hostel to HISTORY She’s one of our most senior female politicians and one day she could have the top job. But what’s she really like? JULIE McCROSSIN meets Julia Gillard f you want to get to know Julia Gillard There is no sign of that clipped, robotic the White House, where people rarely sleep and understand what drives her political voice that often appears in her sound-bites or go home, has a lot in common with her Ipassions, you have to know the story of on the news. If she gets the chance to talk a life in parliament. her Welsh immigrant family, especially that of bit longer, as she does these days in the chatty There’s not much spare space in her offi ce, her father, John. world of breakfast television with her regular meeting room and en-suite bathroom. The It’s been a long journey from the appearances on Nine’s Today show debating window offers a glimpse of a courtyard Pennington Migrant Hostel in Adelaide, the Liberal Party’s heavyweight Tony Abbott, with trees. Aboriginal art by Maggie Long where Gillard arrived in 1966 at age four with you hear a more natural voice. -
Social Democracy and the Rudd Labor Government in Australia
Internationale Politikanalyse International Policy Analysis Andrew Scott Social Democracy and the Rudd Labor Government in Australia As the Rudd Labor Party Government in Australia celebrates two years in office following the Party’s many years in opposition, it is in a strong position. However, it needs to more clearly outline its social democratic ambitions in order to break free from the policies of the former right-wing government, from three decades of neo-liberal intellectual dominance and from association with the ineffectual policy approach of British Labour’s »Third Way«. This can be done with a greater and more sustained commitment to improve industrial relations in favour of working families, including by fur- ther expanding paid parental leave. There also need to be further increases in public investment, including in all forms of education, and policy action to broaden the nation’s economic base by rebuilding manufacturing in- dustry. Other priorities should be to better prevent and alleviate the plight of the unemployed, and to tackle the inadequate taxation presently paid by the wealthy. Australia needs now to look beyond the English-speaking world to en- visage social democratic job creation programs in community services, and to greatly reduce child poverty. Australia also needs better planning for the major cities, where the population is growing most. Consistent with the wish for a greater role as a medium-sized power in the world, Aus- tralia’s Labor Government needs to take more actions towards a humani- tarian -
Australia Is Awash with Political Memoir, but Only Some Will Survive the Flood
Australia is awash with political memoir, but only some will survive the... https://theconversation.com/australia-is-awash-with-political-memoir-b... Academic rigour, journalistic flair September 9, 2015 8.51am AEST For publishers, Australian political memoir or biography is likely to pay its own way, at the very least. AAP Image/Lukas Coch September 9, 2015 8.51am AEST Last year more than a dozen political memoirs were published in Australia. From Bob Author Carr’s Diary of a Foreign Minister to Greg Combet’s The Fights of My Life, from Rob Oakeshott’s The Independent Member for Lyne to Bob Brown’s Optimism, one could be forgiven for thinking Australia is a nation of political junkies. Jane Messer Or that we’re fascinated by the personalities, policies and procedures that shape our Senior Lecturer in Creative Writing, political landscape. But are we really, and if not, why so many books? Macquarie University The deluge shows no signs of abating, with a similar number of titles expected this year. Already we’ve seen the release of Shadow Minister Chris Bowen’s The Money Men, reflections by Federal Labor members Mark Butler and Andrew Leigh, with former Victorian Labor leader John Brumby’s practical “lessons”, The Long Haul, in press. Liberals, once laggards in this genre, are stepping up in growing numbers. Federal Minister Christopher Pyne’s “hilarious” A Letter To My Children is out, and Peter Reith’s The Reith Papers is underway. Also in press is the genuinely unauthorised Born to Rule: the Unauthorised Biography of Malcolm Turnbull. -
BTI 2010 | Papua New Guinea Country Report
BTI 2010 | Papua New Guinea Country Report Status Index 1-10 5.85 # 58 of 128 Democracy 1-10 6.35 # 50 of 128 Market Economy 1-10 5.36 # 70 of 128 Management Index 1-10 4.99 # 65 of 128 scale: 1 (lowest) to 10 (highest) score rank trend This report is part of the Transformation Index (BTI) 2010. The BTI is a global ranking of transition processes in which the state of democracy and market economic systems as well as the quality of political management in 128 transformation and developing countries are evaluated. The BTI is a joint project of the Bertelsmann Stiftung and the Center for Applied Policy Research (C•A•P) at Munich University. More on the BTI at http://www.bertelsmann-transformation-index.de/ Please cite as follows: Bertelsmann Stiftung, BTI 2010 — Papua New Guinea Country Report. Gütersloh: Bertelsmann Stiftung, 2009. © 2009 Bertelsmann Stiftung, Gütersloh BTI 2010 | Papua New Guinea 2 Key Indicators Population mn. 6.3 HDI 0.54 GDP p.c. $ 2084 Pop. growth % p.a. 2.0 HDI rank of 182 148 Gini Index 50.9 Life expectancy years 57 UN Education Index 0.52 Poverty2 % 57.4 Urban population % 12.6 Gender equality1 - Aid per capita $ 50.2 Sources: UNDP, Human Development Report 2009 | The World Bank, World Development Indicators 2009. Footnotes: (1) Gender Empowerment Measure (GEM). (2) Percentage of population living on less than $2 a day. Executive Summary During the period under review, Papua New Guinea (PNG) made some progress toward providing its citizens greater freedom of choice by improving the state of democracy and its market-based economy. -
Howard Government Retrospective II
Howard Government Retrospective II “To the brink: 1997 - 2001” Articles by Professor Tom Frame 14 - 15 November 2017 Howard Government Retrospective II The First and Second Howard Governments Initial appraisals and assessments Professor Tom Frame Introduction I have reviewed two contemporaneous treatments Preamble of the first Howard Government. Unlike other Members of the Coalition parties frequently complain retrospectives, these two works focussed entirely on that academics and journalists write more books about the years 1996-1998. One was published in 1997 the Australian Labor Party (ALP) than about Liberal- and marked the first anniversary of the Coalition’s National governments and their leaders. For instance, election victory. The other was published in early three biographical studies had been written about Mark 2000 when the consequences of some first term Latham who was the Opposition leader for a mere decisions and policies were becoming a little clearer. fourteen months (December 2003 to February 2005) Both books are collections of essays that originated when only one book had appeared about John Howard in university faculties and concentrated on questions and he had been prime minister for nearly a decade. of public administration. The contributions to both Certainly, publishers believe that books about the Labor volumes are notable for the consistency of their tone Party (past and present) are usually more successful and tenor. They are not partisan works although there commercially than works on the Coalition parties. The is more than a hint of suspicion that the Coalition sales figures would seem to suggest that history and was tampering with the institutions that undergirded ideas mean more to some Labor followers than to public authority and democratic government in Coalition supporters or to Australian readers generally. -
The Vultures Will Be Hovering Again Soon Enough, As Bill Shorten Begins to Stumble Date September 21, 2015 - 5:58AM
The vultures will be hovering again soon enough, as Bill Shorten begins to stumble Date September 21, 2015 - 5:58AM Paul Sheehan Sydney Morning Herald columnist Disability deserves its own ministry: Shorten Opposition leader Bill Shorten says he is disappointed Malcolm Turnbull's new ministry does not feature a minister for disability. Courtesy ABC News 24. It is only natural that the vultures will grow hungry again soon. They have become accustomed to kings becoming carrion. In the past 20 years Paul Keating, Kim Beazley, Simon Crean, Mark Latham, Beazley again, John Howard, Brendan Nelson, Malcolm Turnbull, Kevin Rudd, Julia Gillard, Rudd again, and now Tony Abbott have all been felled, a procession of change, on average, every 20 months, for 20 years. It shows no sign of slowing. In this context, the Canning by-election could have been called the Cunning by- election. It gave a clear, vindicating victory for Malcolm Turnbull's brazen, lightning coup. So now the vultures will soon be hovering over the obvious loser, Bill Shorten, who made a serious blunder last week that puts him on carrion watch. Having hovered over Abbott for months, the vultures will be riding the political thermals and circling in the sky, watching for Shorten to falter. He just became much more vulnerable. He has never been popular in the opinion polls. He has rarely been impressive in parliament. He was especially unimpressive in the three sitting days leading up to the Canning by-election. On Tuesday, in his first question to the new Prime Minister, Shorten finished -
Work Choices: an Update
The Otemon Journal of AustralianStudies, vol. 33, pp. 201−206, 2007 201 Work Choices: An Update Braham Dabscheck Senior Fellow, Faculty of Law, University of Melbourne In December 2005, the Howard government passed the Workplace Relations Amendment (Work Choices) Act 2005 (Cwlth), which ushered in major changestothe operation of Australian indus- trial relations. The Act came into force on 27 March 2006. Major features of the legislation were presented in the May 2006 issue of Ecodate (see Dabscheck, 2006). Possibly, the most significant change is the Commonwealth government taking over state in- dustrial relations systems (Victoria had ceded such powers to the Commonwealth in 1996). Work Choices contains transition provisions for the movement of state workers to the federal system of three years, and of Commonwealth workers, who fall outside the jurisdiction of Work Choices, moving to the states within five years; in the absence of the states ceding power to the Common- wealth. More generally, movement will occur whenthetermsofexisting agreements expire and/or workers enter into new agreements. It will probably take another three to four years before we will be able to assess the impact of Work Choices. Change, at the moment, is incremental. Is Work Choices Constitutional? Work Choices is based on the corporations power contained in the Australian Constitution. Under this power ‘the parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to (Section 51, placitum xx)...Foreigncorporations,andtradingorfinancialcorporationsformedwithinthelimits of the Commonwealth’. Traditionally, the major industrial relations power that had been relied upon was the concili- ation and arbitration power; Section 51, placitum xxxv, of the Constitution. -
Ministerial Careers and Accountability in the Australian Commonwealth Government / Edited by Keith Dowding and Chris Lewis
AND MINISTERIAL CAREERS ACCOUNTABILITYIN THE AUSTRALIAN COMMONWEALTH GOVERNMENT AND MINISTERIAL CAREERS ACCOUNTABILITYIN THE AUSTRALIAN COMMONWEALTH GOVERNMENT Edited by Keith Dowding and Chris Lewis Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at http://epress.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Title: Ministerial careers and accountability in the Australian Commonwealth government / edited by Keith Dowding and Chris Lewis. ISBN: 9781922144003 (pbk.) 9781922144010 (ebook) Series: ANZSOG series Notes: Includes bibliographical references. Subjects: Politicians--Australia. Politicians--Australia--Ethical behavior. Political ethics--Australia. Politicians--Australia--Public opinion. Australia--Politics and government. Australia--Politics and government--Public opinion. Other Authors/Contributors: Dowding, Keith M. Lewis, Chris. Dewey Number: 324.220994 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design and layout by ANU E Press Printed by Griffin Press This edition © 2012 ANU E Press Contents 1. Hiring, Firing, Roles and Responsibilities. 1 Keith Dowding and Chris Lewis 2. Ministers as Ministries and the Logic of their Collective Action . 15 John Wanna 3. Predicting Cabinet Ministers: A psychological approach ..... 35 Michael Dalvean 4. Democratic Ambivalence? Ministerial attitudes to party and parliamentary scrutiny ........................... 67 James Walter 5. Ministerial Accountability to Parliament ................ 95 Phil Larkin 6. The Pattern of Forced Exits from the Ministry ........... 115 Keith Dowding, Chris Lewis and Adam Packer 7. Ministers and Scandals ......................... -
Comparing the Dynamics of Party Leadership Survival in Britain and Australia: Brown, Rudd and Gillard
This is a repository copy of Comparing the dynamics of party leadership survival in Britain and Australia: Brown, Rudd and Gillard. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/82697/ Version: Accepted Version Article: Heppell, T and Bennister, M (2015) Comparing the dynamics of party leadership survival in Britain and Australia: Brown, Rudd and Gillard. Government and Opposition, FirstV. 1 - 26. ISSN 1477-7053 https://doi.org/10.1017/gov.2014.31 Reuse Unless indicated otherwise, fulltext items are protected by copyright with all rights reserved. The copyright exception in section 29 of the Copyright, Designs and Patents Act 1988 allows the making of a single copy solely for the purpose of non-commercial research or private study within the limits of fair dealing. The publisher or other rights-holder may allow further reproduction and re-use of this version - refer to the White Rose Research Online record for this item. Where records identify the publisher as the copyright holder, users can verify any specific terms of use on the publisher’s website. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ Comparing the Dynamics of Party Leadership Survival in Britain and Australia: Brown, Rudd and Gillard Abstract This article examines the interaction between the respective party structures of the Australian Labor Party and the British Labour Party as a means of assessing the strategic options facing aspiring challengers for the party leadership. -
22. Gender and the 2013 Election: the Abbott 'Mandate'
22. Gender and the 2013 Election: The Abbott ‘mandate’ Kirsty McLaren and Marian Sawer In the 2013 federal election, Tony Abbott was again wooing women voters with his relatively generous paid parental leave scheme and the constant sight of his wife and daughters on the campaign trail. Like Julia Gillard in 2010, Kevin Rudd was assuring voters that he was not someone to make an issue of gender and he failed to produce a women’s policy. Despite these attempts to neutralise gender it continued to be an undercurrent in the election, in part because of the preceding replacement of Australia’s first woman prime minister and in part because of campaigning around the gender implications of an Abbott victory. To evaluate the role of gender in the 2013 election, we draw together evidence on the campaign, campaign policies, the participation of women, the discursive positioning of male leaders and unofficial gender-based campaigning. We also apply a new international model of the dimensions of male dominance in the old democracies and the stages through which such dominance is overcome. We argue that, though feminist campaigning was a feature of the campaign, traditional views on gender remain powerful. Raising issues of gender equality, as Julia Gillard did in the latter part of her prime ministership, is perceived as electorally damaging, particularly among blue-collar voters. The prelude to the election Gender received most attention in the run-up to the election in 2012–13 rather than during the campaign itself. Prime Minister Julia Gillard’s famous misogyny speech of 2012 was prompted in immediate terms by the Leader of the Opposition drawing attention to sexism in what she perceived as a hypocritical way.