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Journal Is: (2009) 7 NZJPIL (Page)
© New Zealand Centre for Public Law and contributors Faculty of Law Victoria University of Wellington PO Box 600 Wellington New Zealand June 2009 The mode of citation of this journal is: (2009) 7 NZJPIL (page) The previous issue of this journal is volume 6 number 2, December 2008 ISSN 11763930 Printed by Geon, Brebner Print, Palmerston North Cover photo: Robert Cross, VUW ITS Image Services CONTENTS SPECIAL CONFERENCE ISSUE: MMP AND THE CONSTITUTION Foreword Dean R Knight...........................................................................................................................vii "Who's the Boss?": Executive–Legislature Relations in New Zealand under MMP Ryan Malone............................................................................................................................... 1 The Legal Status of Political Parties under MMP Andrew Geddis.......................................................................................................................... 21 Experiments in Executive Government under MMP in New Zealand: Contrasting Approaches to MultiParty Governance Jonathan Boston and David Bullock........................................................................................... 39 MMP, Minority Governments and Parliamentary Opposition André Kaiser............................................................................................................................. 77 Public Attitudes towards MMP and Coalition Government Raymond Miller and Jack Vowles.............................................................................................. -
Abortion, Homosexuality and the Slippery Slope: Legislating ‘Moral’ Behaviour in South Australia
Abortion, Homosexuality and the Slippery Slope: Legislating ‘Moral’ Behaviour in South Australia Clare Parker BMusSt, BA(Hons) A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy, Discipline of History, Faculty of Humanities and Social Sciences, University of Adelaide. August 2013 ii Contents Contents ii Abstract iv Declaration vi Acknowledgements vii List of Abbreviations ix List of Figures x A Note on Terms xi Introduction 1 Chapter 1: ‘The Practice of Sound Morality’ 21 Policing Abortion and Homosexuality 24 Public Conversation 36 The Wowser State 44 Chapter 2: A Path to Abortion Law Reform 56 The 1930s: Doctors, Court Cases and Activism 57 World War II 65 The Effects of Thalidomide 70 Reform in Britain: A Seven Month Catalyst for South Australia 79 Chapter 3: The Abortion Debates 87 The Medical Profession 90 The Churches 94 Activism 102 Public Opinion and the Media 112 The Parliamentary Debates 118 Voting Patterns 129 iii Chapter 4: A Path to Homosexual Law Reform 139 Professional Publications and Prohibited Literature 140 Homosexual Visibility in Australia 150 The Death of Dr Duncan 160 Chapter 5: The Homosexuality Debates 166 Activism 167 The Churches and the Medical Profession 179 The Media and Public Opinion 185 The Parliamentary Debates 190 1973 to 1975 206 Conclusion 211 Moral Law Reform and the Public Interest 211 Progressive Reform in South Australia 220 The Slippery Slope 230 Bibliography 232 iv Abstract This thesis examines the circumstances that permitted South Australia’s pioneering legalisation of abortion and male homosexual acts in 1969 and 1972. It asks how and why, at that time in South Australian history, the state’s parliament was willing and able to relax controls over behaviours that were traditionally considered immoral. -
Report X Terminology Xi Acknowledgments Xii
Senate Legal and Constitutional Legislation Committee Consideration of Legislation Referred to the Committee Euthanasia Laws Bill 1996 March 1997 The Parliament of the Commonwealth of Australia Senate Legal and Constitutional Legislation Committee Consideration of Legislation Referred to the Committee Euthanasia Laws Bill 1996 March 1997 © Commonwealth of Australia 1997 ISSN 1326-9364 This document was produced from camera-ready copy prepared by the Senate Legal and Constitutional Legislation Committee, and printed by the Senate Printing Unit, Department of the Senate, Parliament House, Canberra. Members of the Legislation Committee Members Senator E Abetz, Tasmania, Chair (Chair from 3 March 1997) Senator J McKiernan, Western Australia, Deputy Chair Senator the Hon N Bolkus, South Australia Senator H Coonan, New South Wales (from 26 February 1997: previously a Participating Member) Senator V Bourne, New South Wales (to 3 March 1997) Senator A Murray, Western Australia (from 3 March 1997) Senator W O’Chee, Queensland Participating Members All members of the Opposition: and Senator B Brown, Tasmania Senator M Colston, Queensland Senator the Hon C Ellison, Western Australia (from 26 February 1997: previously the Chair) Senator J Ferris, South Australia Senator B Harradine, Tasmania Senator W Heffernan, New South Wales Senator D Margetts, Western Australia Senator J McGauran, Victoria Senator the Hon N Minchin, South Australia Senator the Hon G Tambling, Northern Territory Senator J Woodley, Queensland Secretariat Mr Neil Bessell (Secretary -
Marriage Equality and the Civil Union
Maddalena Arnfield http://www.flickr.com/photos/lasandri/5932352747 http://www.flickr.com/photos/doxiehaus/3568405719/ Marriage Equality and the Civil Union ‘solution’ ‘ Any ‘alternative’ to marriage, in my opinion, simply offers the insult of formal equivalency without the promise of substantive equality.’ Harry Laforme, Former Justice of the Ontario Superior Court of Justice1 Court of Conscience | 35 ocial media is humming with campaigns for marriage equality. Social Justice SCampaigners such as Get Up, and minority parties including the Socialist Alliance have leant their support, while lobby groups such as Australian Marriage Equality have been established to fight for change. Parliament is debating the pros and cons of various Marriage Amendment bills and the Federal Labor government have recently changed their party policy to endorse gay marriage. Support for removal of discrimination against same-sex couples is gaining momentum. Some are even predicting that the privileged space which homophobia currently occupies will soon be nothing more than a shameful part of our history, akin to life before the women’s liberation or civil rights movements of the sec- http://www.flickr.com/photos/monopache/7439352654/ ond half of the twentieth century. –––––––– A global movement … New Zealand This is not a local initiative; the marriage equality movement is global. In 2001, the Netherlands is set to have a made history as the first nation in the world to recognise gay marriage. Belgium followed in conscience vote 2003. Against all odds, in 2005, the pre- dominantly Catholic Spain legalised same-sex before the year marriage and a few short weeks later Canada is through with enacted the Civil Marriage Act2 providing a gender neutral definition of marriage. -
Than Luck “From Climate Change and Sustainability to Proper Governance and Strengthening Our Democracy, the Ideas in More Than Luck Come at the Right Time
More Than Luck “From climate change and sustainability to proper governance and strengthening our democracy, the ideas in More Than Luck come at the right time. And we need politicians who are willing to take them seriously. If we cannot think bigger than tweets, we are in trouble. If our politicians won't think bigger than sound-bites, we are lost." – JULIAN BURNSIDE, QC “Politics is not a horse race, but if you're anything like me and you're only just recovering from the "mule-trading" vibe of Election 2010, More Than Luck is a brilliant place to restore your faith. What sweet relief to find a collection of words, sentences, pages, chapters, a whole book that reminds us of the possibility these current times offer us.” – CLARE BOWDITCH, MUSICIAN More Than Luck: Ideas Australia needs now is both a collection of ideas for citizens who want real change and a to-do list for politicians looking to base public policies on the kind of future ideas australia needs now Australians really want. In this collection of essays, CPD fellows and thinkers show what’s needed to share this country’s good luck amongst all Australians, now and in the future. They examine where we are now and where we need to go if we are to move beyond the stasis that has settled over government and opposition in Australia. The result is a mix of easy wins that are ready to be implemented and some big, bold nation building ideas that may require a bit more backbone on the part of our political leaders. -
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 ......................... -
The Caretaker Election
26. The Results and the Pendulum Malcolm Mackerras The two most interesting features of the 2010 election were that it was close and it was an early election. Since early elections are two-a-penny in our system, I shall deal with the closeness of the election first. The early nature of the election does, however, deserve consideration because it was early on two counts. These are considered below. Of our 43 general elections so far, this was the only one both to be close and to be an early election. Table 26.1 Months of General Elections for the Australian House of Representatives, 1901–2010 Month Number Years March 5 1901,1983, 1990, 1993, 1996 April 2 1910, 1951 May 4 1913, 1917, 1954, 1974 July 1 1987 August 2 1943, 2010 September 4 1914, 1934, 1940, 1946 October 6 1929, 1937, 1969, 1980, 1998, 2004 November 7 1925, 1928, 1958, 1963, 1966, 2001, 2007 December 12 1903, 1906, 1919, 1922, 1931, 1949, 1955, 1961, 1972, 1975, 1977, 1984 Total 43 The Close Election In the immediate aftermath of polling day, several commentators described this as the closest election in Australian federal history. While I can see why people would say that, I describe it differently. As far as I am concerned, there have been 43 general elections for our House of Representatives of which four can reasonably be described as having been close. They are the House of Representatives plus half-Senate elections held on 31 May 1913, 21 September 1940, 9 December 1961 and 21 August 2010. -
Movement, Knowledge, Emotion: Gay Activism and HIV/AIDS in Australia to Test Or Not to Test?: HIV Antibody Testing
3. Public Health and AIDS Activism A lot of the work of the AIDS movement in the 1980s was about the way in which HIV/AIDS and the people most affected by it were defined and the steps that needed to be taken to address AIDS. This work was done in conjunction with a range of other individuals and organisations with an interest in HIV/AIDS— most notably from within the Government and the medical profession. Kevin White and Evan Willis argue that there were three core groups competing to ‘enforce their definition of the (HIV/AIDS) situation’.1 The first of these groups was the ‘inner circle’ of doctors, scientists and medical researchers working in the HIV/AIDS sector. White and Willis describe the second as the ‘dissenting enclave’—those non-governmental groups such as the AIDS movement who worked in parallel with the inner circle, but also challenged their scientific autonomy. The third group is the ‘exoteric’ body of lay-people surrounding both the inner circle and the dissenting enclave. This ‘exoteric body’ tends to support the knowledge and values of the inner circle, and seeks to minimise the impact of the dissenting enclave. In the case of HIV/AIDS, the exoteric body was usually people with an anti-gay, pro–nuclear-family agenda—often religious organisations or conservative public commentators. Borrowing from White and Willis, the following chapters explore the relationship between these three groups in the production of knowledge about HIV/AIDS, and in defining Australia’s social and public health response to HIV/AIDS. I focus predominantly on the relationship between the medical profession (the inner circle) and the AIDS movement (the dissenting enclave), although those forming the ‘exoteric body’ (such as conservative churches and various journalists) also influenced the direction of discussion about HIV/AIDS at various times. -
The Lead Story Today Is Nick Minchin's Valedictory Speech in the Senate
The lead story today is Nick Minchin’s valedictory speech in the Senate. More than any other person Nick was responsible for leading the campaign against the CPRS Bill and incidentally in unseating Malcolm Turnbull as leader, (although Nick has often said that that was never his aim at all; Turnbull’s suicide was collateral damage as they say in military circles). His departure from the Senate will leave a big gap in our defence line in Parliament and his absence from the Abbott govt which will sooner or later take over the reigns of office is a source of concern. But he can claim with complete justification that he has done his bit and has earned the right to catch up on the family life which is denied to federal politicians through their frequent absences in Canberra. Also of great interest is the publication today in the Melbourne Age – yes the Melbourne Age – of a piece by Bob Carter. My understanding is that it is too late to save The Age (and the SMH) from an imminent demise – both papers are losing lots of money but, none-the-less, a death bed conversion is better than no conversion at all. Also below is an open letter to the PM from the Fair Farmers’ group, an excellent document for sending to friends, particularly in rural Australia, who may need encouragement right now. Ray Evans Nick Minchin’s speech Senator MINCHIN (South Australia) (16:00): The 30th of June will, in my case, bring to an end not just 18 years in the Senate but 32 years of full-time involvement in politics. -
Winners Announced
2005 BIG BROTHER AWARDS Media enquiries: David Vaile, Vice-Chair Australian Privacy Foundation Tel: 0414 731 249 http://www.privacy.org.au/bba/ MEDIA RELEASE Worst privacy invaders named at Big Brother Awards Tuesday 8 November 2005 == Embargoed until 5:00 PM 8/11/05 == Can our governments be trusted to protect our fundamental rights to privacy? See for yourself. Our judges have. The verdicts are in for this year's winners of the annual Big Brother Awards. “The Big Brother Awards are for corporations, public officials and governments that have shown a blatant disregard for Australians’ privacy,“ said Australian Privacy Foundation Chair, Anna Johnston, today. The winners of the Big Brother Awards were announced in Melbourne this evening. The Award ceremony was hosted by the Australian Privacy Foundation, the leading non-government organisation dedicated to protecting the privacy rights of Australians. And the winners of 2005’s Privacy Invader Awards (a.k.a. “The Orwells”) are ... 1. Greatest Corporate Invader – for a corporation showing a blatant disregard of privacy: · Winner: Telstra - for their Employee Monitoring and Surveillance policy. · Runner up: CAMM Pacific - for extracting medical information from GPs’ computers, for sale to pharmaceutical companies. · Special Mention: Dunn and Bradstreet - for its relentless campaign for full file credit reporting 2. Most Invasive Technology – for a technology that is particularly privacy invasive: · Winner: Health Communications Network - for allowing extraction of medical information from GPs’ computers, for sale to pharmaceutical companies. · Runner-up: Hewlett-Packard and Microsoft - for developing government ID systems to allow the tracking of citizens’ access e-government services. -
Faith, Conscience and Legislation
FAITH, CONSCIENCE AND LEGISLATION DR DARRYN JENSEN* I INTRODUCTION Conscience votes are, depending upon whom one talks to, either an example of our democratic processes at their best or a blight on our liberal democratic polity. Former Prime Minister of New Zealand, David Lange, held the latter point of view. Lange described the outcome of conscience votes as ‘a shambles, a kind of legislative lottery in which consistency is the first casualty’.1 One can understand why politicians in Westminster democracies, being concerned first and foremost with their ability to implement their party platforms when in office, would take this attitude. One can also understand why some in the wider community, believing that they voted for a candidate on the basis of that candidate’s identification with a particular party platform, object to conscience votes on the basis that a legislator is free to bring religious and other personal convictions to bear upon the matter before Parliament. While these objections are understandable, they reveal a number of potentially controversial assumptions about the nature of Anglo-Australian parliamentary democracy. The objections assume that members of Parliament are elected to represent the concrete will of those who voted for them, so as to implement a particular basket of measures. Furthermore, the understanding of a conscience vote as a rare exception to the general principle that legislators should follow the ‘party line’ assumes that the program of government is largely fixed by the results of elections and that parliamentary procedures are merely a formality in the implementation of the government’s election promises. -
House of Representatives By-Elections 1902-2002
INFORMATION, ANALYSIS AND ADVICE FOR THE PARLIAMENT INFORMATION AND RESEARCH SERVICES Current Issues Brief No. 15 2002–03 House of Representatives By-elections 1901–2002 DEPARTMENT OF THE PARLIAMENTARY LIBRARY ISSN 1440-2009 Copyright Commonwealth of Australia 2003 Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means including information storage and retrieval systems, without the prior written consent of the Department of the Parliamentary Library, other than by Senators and Members of the Australian Parliament in the course of their official duties. This paper has been prepared for general distribution to Senators and Members of the Australian Parliament. While great care is taken to ensure that the paper is accurate and balanced, the paper is written using information publicly available at the time of production. The views expressed are those of the author and should not be attributed to the Information and Research Services (IRS). Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion. Readers are reminded that the paper is not an official parliamentary or Australian government document. IRS staff are available to discuss the paper's contents with Senators and Members and their staff but not with members of the public. Published by the Department of the Parliamentary Library, 2003 I NFORMATION AND R ESEARCH S ERVICES Current Issues Brief No. 15 2002–03 House of Representatives By-elections 1901–2002 Gerard Newman, Statistics Group Scott Bennett, Politics and Public Administration Group 3 March 2003 Acknowledgments The authors would like to acknowledge the assistance of Murray Goot, Martin Lumb, Geoff Winter, Jan Pearson, Janet Wilson and Diane Hynes in producing this paper.