EVALUATING the MADNESS of AUSTRALIAN CHILD PROTECTION Our Thanks Are Due to Jeremy Sammut for Researching and Writing This Book
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The Distinctive Foundations of Australian Democracy
Papers on Parliament No. 42 December 2004 The Distinctive Foundations of Australian Democracy Lectures in the Senate Occasional Lecture Series 2003–2004 Published and printed by the Department of the Senate, Parliament House, Canberra ISSN 1031-976X Published by the Department of the Senate, 2004 Papers on Parliament is edited and managed by the Research Section, Department of the Senate. Edited by Kay Walsh All inquiries should be made to: Assistant Director of Research Procedure Office Department of the Senate Parliament House CANBERRA ACT 2600 Telephone: (02) 6277 3164 ISSN 1031–976X ii Contents Alfred Deakin. A Centenary Tribute Stuart Macintyre 1 The High Court and the Parliament: Partners in Law-making, or Hostile Combatants? Michael Coper 13 Constitutional Schizophrenia Then and Now A.J. Brown 33 Eureka and the Prerogative of the People John Molony 59 John Quick: a True Founding Father of Federation Sir Ninian Stephen 71 Rules, Regulations and Red Tape: Parliamentary Scrutiny and Delegated Legislation Dennis Pearce 81 ‘The Australias are One’: John West Guiding Colonial Australia to Nationhood Patricia Fitzgerald Ratcliff 97 The Distinctiveness of Australian Democracy John Hirst 113 The Usual Suspects? ‘Civil Society’ and Senate Committees Anthony Marinac 129 Contents of previous issues of Papers on Parliament 141 List of Senate Briefs 149 To order copies of Papers on Parliament 150 iii Contributors Stuart Macintyre is Ernest Scott Professor of History and Dean of the Faculty of Arts at the University of Melbourne Michael Coper is Dean of Law and Robert Garran Professor of Law at the Australian National University. Dr A.J. -
A Not So Innocent Vision : Re
A NOT SO INNOCENT VISION: RE-VISITING THE LITERARY WORKS OF ELLEN LISTON, JANE SARAH DOUDY AND MYRTLE ROSE WHITE (1838 – 1961) JANETTE HELEN HANCOCK Thesis submitted for the degree of Doctor of Philosophy in the Discipline of Gender, Work & Social Inquiry School of Social Science University of Adelaide February 2007 A Not So Innocent Vision CONTENTS Abstract ……………………………………………………………………….ii Declaration……………………………………………………………………iv Acknowledgments……………………………………………………………..v Chapter One ‘Three Corner Jacks’: Where it all began…...……….1 SECTION ONE Chapter Two ‘An Innocent Presence’……...……………………..29 Chapter Three ‘Occupying an Unsettled Position’…………...…...57 Chapter Four ‘Powerful Contributors’……………………..…….76 Chapter Five ‘Decolonising the Neutral Identity’………………103 SECTION TWO ELLEN LISTON (1838 – 1885) Chapter Six ‘There is Always a Note of Striving’…………….128 Chapter Seven ‘An Apostle of Labour’…….………...…………..164 Chapter Eight ‘Those Infernal Wretches’……………………….191 SECTION THREE JANE SARAH DOUDY (1846 – 1932) Chapter Nine ‘Sweetening the World’…………...……………..220 Chapter Ten ‘Laying the Foundations of Our State’…..….……257 Chapter Eleven ‘Jolly Good Fellows’…………………..………...287 SECTION FOUR MYRTLE ROSE WHITE (1888 – 1961) Chapter Twelve ‘More than a Raconteur’…………..……………..323 Chapter Thirteen ‘Footprints in the Sand’…………..……………...358 Chapter Fourteen ‘Faith Henchmen and Devil’s Imps’......…………379 SECTION FIVE Chapter Fifteen ‘Relocating the Voice which speaks’….………...410 Chapter Sixteen ‘Looking Forward in Reverse’………………..….415 Janette Hancock i A Not So Innocent Vision Bibliography ………………………………………….……..…423 Abstract Foundational narratives constitute intricate and ideologically driven political works that offer new information about the colonial moment. They present divergent and alternate readings of history by providing insight into the construction of ‘national fantasies’ and the nationalist practice of exclusion and inclusion. White middle class women wrote a substantial body of foundational histories. -
The Judicial Incompatibility Clause — Or, How a Version of the Kable Principle Nearly Made It Into the Federal Constitution
Greg Taylor* THE JUDICIAL INCOMPATIBILITY CLAUSE — OR, HOW A VERSION OF THE KABLE PRINCIPLE NEARLY MADE IT INTO THE FEDERAL CONSTITUTION ABSTRACT Until nearly the end of the Convention debates the draft Australian Constitution contained a provision that would have prevented judges from holding any federal executive office. The prohibition, removed only at the last minute, would have extended to all federal executive offices but was originally motivated by a desire to ensure that judges did not hold office as Vice-Regal stand-ins when a Governor-General was unavailable, as well as by the feud between Sir Samuel Way CJ and (Sir) Josiah Symon QC. The clause was eventually deleted, but not principally because of any reservations about the separation of judicial power; rather, it was thought difficult to be sure that other suitable stand-ins could always be found and problematic to limit the royal choice of representative. However, this interesting episode also shows that a majority of the Convention and of public commentators rejected the idea of judicially enforcing, as a consti- tutional imperative, the separation of judicial power from the executive. Presumably, while not rejecting the separation of powers itself, they would have rejected the judicial enforcement of that principle such as now has been established by case law and implication. I INTRODUCTION hief Justice French1 and Dr Matthew Stubbs2 have already drawn attention to the fact that the draft Australian Constitution very nearly went to the people Cwith the following clause at the end of Chapter III on the federal judiciary: * Professor of Law, University of Adelaide; Honorary Professor of Law, Marburg University, Germany; Honorary Associate Professor, R.M.I.T. -
Democracy-G'ment &
A Guide to Government and Law in Australia John Hirst Discovering Democracy – A Guide to Government and Law in Australia was funded by the Commonwealth Department of Employment, Education, Training and Youth Affairs under the Discovering Democracy program. Published by Curriculum Corporation PO Box 177 Carlton South VIC 3053 Tel: (03) 9207 9600 Fax: (03) 9639 1616 Email: [email protected] Website: http://www.curriculum.edu.au © Commonwealth of Australia, 1998 Available under licence from Curriculum Corporation. Discovering Democracy – A Guide to Government and Law in Australia is Commonwealth copyright. It may be reproduced in whole or in part by teachers for classroom use only. Requests and inquiries concerning reproduction and copyright should be addressed to Curriculum Corporation. The views expressed herein do not necessarily represent the views of the Commonwealth Department of Employment, Education, Training and Youth Affairs. ISBN: 1 86366 431 9 SCIS cataloguing-in-publication data: 947160 Full bibliographic details are available from Curriculum Corporation. Series design by Philip Campbell Typesetting by The Modern Art Production Group Discovering Democracy logo design by Miller Street Studio Printed in Australia by Impact Printing Cover images: Members of the 1998 Constitutional Convention, Old Parliament House, Canberra. Courtesy AUSPIC Detail from Members of the Australasian Federation Conference, Melbourne, 1890. Courtesy National Library of Australia Other cover photography by John Gollings and Philip Campbell Preface In 1999 a new program of civics and citizenship education, Discovering Democracy, will be operating in Australian schools. This book is designed for Australian citizens of all sorts as a painless introduction to the government and law of their country. -
Much to Mourn Or Much to Celebrate? 53
Much to Mourn or Much to Celebrate? 53 Much to Mourn or Much to Celebrate? Historical Reckoning and the Legacy of Federation Marian Jean Lorrison Masters, University of New England A significant anniversary is often a time of reckoning. This is no less true for the commemorative events of a nation than for an individual. In Australia, the 2001 Centenary of Federation witnessed a flurry of historical soul-searching. The decade approaching this particular commemoration entailed extensive national reflection as to the role of Federation in Australia’s backstory, and its contemporary legacy. From the early 1990s, leading interpretations reflected a marked difference in perspective. Debate ensued between those who regarded Federation as worthy of celebration, and those who declared it cause for national shame. The conflict raised questions about the way that historians presented the past, not only in terms of what they included, but more significantly in relation to what they omitted from their accounts. The current paper examines some of the main ideas found in those divergent historical interpretations. The works referred to here date from the period of the early 1990s and continue until several years after the Centenary. For reasons of brevity, they are a sample only of the publishing boom that took place in conjunction with the Centenary of Federation. The writer explores the ongoing absence of Federation in the national psyche, and its marked lack of emotional resonance for most contemporary Australians. The chief emphasis, however, is on some of the new perspectives that emerged during this period. Of particular interest are arguments about the dire consequences of Federation for Aboriginal Australians, and the omission of women from the historical record. -
Professor John Hirst
British rights and liberties in Australia Professor John Hirst 7 May 2015 Magna Carta Symposium In1950 Robert Menzies anglophile par excellence planned an attack on British rights and liberties. To counter the threat of communism, he proposed that communists could be declared such by executive act; the onus of proof was to be reversed so that the declared person had to prove that they were not communists and the decision on whether they were communists was not to be made by a jury. The Labor opposition, though under suspicion because of its connections to communists in the trade unions, had an easy task in opposing Menzies: they denounced the un-British nature of his measures and trumpeted the principles British justice. Doctor Evatt, shadow attorney general, declared that a bill of this character would not get a moment’s consideration from the mother of parliaments. The bill passed the parliament but the measure was declared unconstitutional by the High Court. Menzies then held a constitutional referendum to give the Commonwealth the necessary power to ban the Communist party. Evatt led the movement for a No vote. In the literature prepared for the campaign the Labor Party proclaimed that it stood for British justice and as the protector of Magna Carta and the rule of law. Whatever Magna Carta’s real position in Australian law, it was still a potent symbol of British rights and liberties. It played a bit part in the undoing of Menzies’attempt to ban the communist party Evatt’s win in the No case was the high point in his career even though he has other claims to fame as historian, jurist and a founder of the United Nations. -
Ebenezer - a New Song
EBENEZER - A NEW SONG Cultural interaction in the Wimmera, with particular reference to the Ebenezer Mission Station 1842 -1886 Patricia Franklin Thesis submitted as part of the Final Honours Examination in the Department of History, La Trobe University, 1984. This thesis is my own work containing, to the best of my knowledge and belief, no material published or written by another person except as referred to in the text. .......................................................................... November 1984. II TABLE OF CONTENT ACKNOWLEDGEMENTS........................................................................................III ABBREVIATIONS.....................................................................................................IV INTRODUCTION.........................................................................................................V MAP OF WOTJOBALUK AND JA : DWA AREA..................................................VII CHAPTER ONE : FIRST ENCOUNTERS...................................................................1 CHAPTER TWO : SPIRITUAL STRUGGLE............................................................15 CHAPTER THREE : SECULAR INSURGENCE......................................................36 CONCLUSION............................................................................................................55 BIBLIOGRAPHY........................................................................................................58 III ACKNOWLEDGEMENTS In the research and preparation of this thesis, -
Turning Points
Wakefield Press Turning Points Robert Foster and Paul Sendziuk are both Associate Professors in the School of History and Politics at the University of Adelaide. Robert Foster works especially in the area of Australian and comparative Indigenous History and his most recent book, co-authored with Amanda Nettelbeck, was Out of the Silence: The History and Memory of South Australia’s Frontier Wars. Paul Sendziuk has particular exper- tise in the history of Australian immigration, public health and disease. He is the author of Learning to Trust: Australian Responses to AIDS. They are currently writing a history of South Australia. TurningChapters in South AustralianPoints History Edited by Robert Foster and Paul Sendziuk Wakefield Press 1 The Parade West Kent Town South Australia 5067 www.wakefieldpress.com.au First published 2012 Copyright © introduction Robert Foster and Paul Sendziuk, 2012; copyright in individual chapters remains with the respective authors All rights reserved. This book is copyright. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced without written permission. Enquiries should be addressed to the publisher. Cover design by Michael Deves Typeset by Wakefield Press Printed and bound by Hyde Park Press, Adelaide National Library of Australia Cataloguing-in-Publication entry Title: Turning points: chapters in South Australian history / Robert Foster and Paul Sendziuk (eds). ISBN: 978 1 74305 119 1 (pbk.). Notes: Includes index. Subjects: South Australia – History. Other Authors/ Foster, Robert. Contributors: Sendziuk, Paul, 1974– . Dewey Number: 994.23 Contents Acknowledgements vii 1. Turning Points in South Australian History 1 Robert Foster and Paul Sendziuk 2. -
In the Howard Government's Australian Citizenship Test
7. Testing times: the problem of ‘history’ in the Howard Government’s Australian citizenship test Gwenda Tavan In 2007, the Howard Coalition Government introduced significant changes to Australian citizenship laws, including an extension of the residency requirements for applicants, a tightening of the English-language provisions and a test in which applicants needed to demonstrate their knowledge of Australian values and customs. According to the government, such measures were necessary to ensure the successful integration of migrants into the host society, to protect the Australian `way of life' and to reinforce the fact that Australian citizenship was a privilege not a right. When Immigration Minister, Kevin Andrews, introduced the bill into Parliament, he claimed: The test will encourage prospective citizens to obtain the knowledge they need to support successful integration into Australian society. The citizenship test will provide them with the opportunity to demonstrate in an objective way that they have the required knowledge of Australia, including the responsibilities and privileges of citizenship, and a basic knowledge and comprehension of English.1 The proposals inspired significant public debate, particularly about the merits of a citizenship test. The government was no doubt buoyed by opinion polls suggesting a majority of Australians supported the introduction of a test.2 Still, considerable public concern was expressed about its intent and possible effects. A summary of the written submissions in response to the government's discussion paper, which was released in September 2006, revealed that while a majority of individuals supported the implementation of the test, more than two-thirds of the organisations that responded were opposed to it.3 Many of these were community groups involved in migrant welfare and settlement. -
Australia, Argentina and Atomization
Australia, Argentina and Atomization ATOMIZATION of colonial society used to be orthodoxy in Australia. Having played a part in its undoing, I approached Miles Fairburn's book warily. It is a more elaborate statement of the theme than was ever provided for Australia, but it has not led me to favour reinstating it for Australia — or to accept it for New Zealand. Nevertheless, I found The Ideal Society and its Enemies an abundant, stimulating book. Fairburn is open and honest with his evidence and his method; he is always willing to offer counter cases and alternative hypotheses. If the test of good historical scholarship is that it should carry the evidence for its own refutation, then this is an excellent book. Atomization was introduced to Australian scholarship in 1930 by Sir Keith Hancock in his classic study Australia. It was invoked to explain the weakness of local government and the strength of central governments. Hancock wrote: Consider the predicament of the pioneers: they are separated from each other by unheard- of distances, which, somehow or other, must be bridged; they are strangers to each other, and have broken every familiar association by their voyage across the sea; no one of them is sufficient to himself, yet each is so isolated from his fellows and so engrossed in his struggles that effective local co-operation is impossible; or, if co-operation is achieved in some favoured locality, there still remains the great gaps which separate this happy community from its neighbours.1 The argument was taken up and extended by the historians of education to explain in particular why central governments, rather than local bodies, had to control the schools.2 This argument was not developed from a close inspection of ho w rural people actually interacted, or failed to interact with each other. -
An Australian Republic for the New Millennium
Fiducial Governance An Australian republic for the new millennium Fiducial Governance An Australian republic for the new millennium John Power THE AUSTRALIAN NATIONAL UNIVERSITY E P R E S S 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/fiducial_citation.html National Library of Australia Cataloguing-in-Publication entry Author: Power, John (John Marcus) Title: Fiducial governance : an Australian republic for the new millennium / John Power. ISBN: 9781921666544 (pbk.) 9781921666551 (eBook) Series: ANZSOG series. Notes: Includes bibliographical references and index. Subjects: Republicanism--Australia. Democracy--Australia. Australia--Politics and government. Dewey Number: 321.860994 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 by John Butcher Printed by Griffin Press Funding for this monograph series has been provided by the Australia and New Zealand School of Government Research Program. This edition © 2010 ANU E Press John Wanna, Series Editor Professor John Wanna is the Sir John Bunting Chair of Public Administration at the Research School of Social Sciences at The Australian National University and is the director of research for the Australian and New Zealand School of Government (ANZSOG). He is also a joint appointment with the Department of Politics and Public Policy at Griffith University and a principal researcher with two research centres: the Governance and Public Policy Research Centre and the nationally-funded Key Centre in Ethics, Law, Justice and Governance at Griffith University. -
History News: Mission Statement
History Issue No. 323 April/May 2016 Royal Historical Society NEWS of Victoria New book to showcase the RHSV Collection...p5 From the Editor’s Desk ........................................2 Member Profile – Malvern Historical Society .....4 Weston Bate Wows Them Again! .......................7 Grants available ...................................................2 Showcasing the RHSV Collection .......................5 Call for Contributors: History of the Medical Legacies of the Vietnam War ................7 History News: Mission Statement .......................2 President’s Report ...............................................6 Kemp on Menzies ................................................7 Praiseworthy Long Service to The End of History as We Know it? ....................6 Books Received ...................................................8 Publications Committee ......................................2 Celebrating the 50th Anniversary of Around the Societies .........................................10 Notice of 2016 Annual General Meeting .............2 The Land Boomers ..............................................6 La Trobe’s Cottage Garden Re-created............12 INSIDE John Hirst tributes ...............................................3 RHSV Annual Book Sale ......................................6 ‘Yallambie’: An Interesting Historical Website .12 RHSV NEWS From the Editor’s Desk History News: Praiseworthy Long Service to Greetings to all from a new editor on a very Mission Statement Publications Committee steep learning curve.