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Plan for Profit: An Analysis of the Live Export Trade 盈利计划:活体出口贸易分析
Pub Date : 2011-12-01 DOI: 10.21153/DLR2011VOL16NO2ART111
Laura Morfuni
The current regime for the export of live animals from Australia is in drastic need of reform. Recent media exposes have brought the brutal nature of the live export trade to light. This trade should be abolished. Thus far, legislative attempts to do so have not succeeded. The current legal regime fails to protect the welfare of animals throughout the live export chain. This article examines the protection of animal welfare in the current regulatory system and highlights its deficiencies. It also makes some proposals for reform. For as long as the trade continues, reform is needed to ensure that animal suffering is minimised.
目前从澳大利亚出口活体动物的制度急需改革。最近的媒体曝光已经使活体出口贸易的残酷本质暴露出来。这种贸易应该被废除。到目前为止,立法方面的努力还没有成功。目前的法律制度未能在整个活体出口链中保护动物的福利。本文考察了现行监管体系中对动物福利的保护,并指出了其不足之处。报告还提出了一些改革建议。只要贸易还在继续,就需要进行改革,以确保将动物的痛苦降至最低。
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引用次数: 5
The Universal Declaration of Animal Welfare 世界动物福利宣言
Pub Date : 2011-12-01 DOI: 10.21153/DLR2011VOL16NO2ART112
Miah Gibson
Animal law is gaining momentum in Australia and internationally. Initiatives such as the Universal Declaration on Animal Welfare (UDAW) attempt to secure international legal recognition for the principles of animal welfare. The extent to which they do so, however, is a matter of debate, and the subject of this article. Part II of this article outlines the development of the UDAW and current support for it. Part III compares the UDAW to other animal rights/welfare declarations. Part IV describes the animal welfare legislative and policy framework in Australia, and critically examines the impact that the UDAW would have in Australia.
在澳大利亚和国际上,动物保护法的势头正在增强。《世界动物福利宣言》(UDAW)等倡议试图确保动物福利原则得到国际法律承认。然而,他们这样做的程度是一个有争议的问题,也是本文的主题。本文的第二部分概述了《消除对妇女歧视公约》的发展和目前对它的支持。第三部分将UDAW与其他动物权利/福利宣言进行比较。第四部分描述了澳大利亚的动物福利立法和政策框架,并严格审查了UDAW将在澳大利亚产生的影响。
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引用次数: 33
Access to Environmental Justice 获得环境正义
Pub Date : 2011-08-01 DOI: 10.21153/DLR2011VOL16NO1ART99
Felicity Millner
Environmental justice is an important aspect of social justice. Regulation of the environment and decisions about development and environmental policy impact upon our quality of life by influencing and affecting our health, as well as that of our urban and natural environments, and the availability of and access to natural resources. Disadvantaged members of society typically bear the brunt of the environmental impacts of human activity. Therefore, an essential part of attaining social justice is enabling the members of the community who will be adversely affected by these impacts to participate in and have rights of review in relation to the making of environmental laws, decisions about land use and development and enforcement of environmental laws.
环境正义是社会正义的一个重要方面。环境管制和关于发展和环境政策的决定通过影响和影响我们的健康以及我们的城市和自然环境的健康,以及自然资源的供应和获取,对我们的生活质量产生影响。社会弱势群体通常首当其冲地受到人类活动对环境的影响。因此,实现社会正义的一个重要部分是使将受到这些影响不利影响的社区成员能够参与环境法律的制定、关于土地使用和发展的决定以及环境法律的执行,并享有审查的权利。
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引用次数: 11
Professional services and rural services poverty 专业服务与农村扶贫服务
Pub Date : 2011-08-01 DOI: 10.21153/DLR2011VOL16NO1ART94
Paul Martin, Jacqueline Williams, A. Kennedy
It is a fact that rural people suffer from professional services deprivation relative to their urban counterparts. Access to legal services is one form of this deprivation. Whilst often understood as a workforce problem, the issue has broader implications for the economic and social welfare of communities and the professionals who try to serve their needs. In particular the inability to access sufficient ‘knowledge services’ lies at the heart of many problems of rural social exclusion, the cost of which falls inevitably on those who are less mobile, or less capable of securing wealth. This paper takes a systemic look at rural professional services delivery, placing legal services in their larger context as part of the (often incomplete) professional network that supports communities. It outlines the systemic problem and aspects of the specific issues for rural professional services. It presents the results from a survey and a summit organised to discuss the issues that span various professions, and outlines some of the directions that the legal profession might take.
与城市人相比,农村人缺乏专业服务,这是事实。获得法律服务是这种剥夺的一种形式。虽然经常被理解为劳动力问题,但这个问题对社区的经济和社会福利以及试图满足他们需求的专业人士有着更广泛的影响。特别是,无法获得足够的“知识服务”是农村社会排斥的许多问题的核心,其代价不可避免地落在那些流动性较差或获得财富能力较差的人身上。本文系统地考察了农村专业服务的提供,将法律服务作为支持社区的(通常不完整的)专业网络的一部分置于其更大的背景下。它概述了农村专业服务的系统性问题和具体问题的各个方面。它介绍了一项调查和一次峰会的结果,该峰会旨在讨论跨越不同职业的问题,并概述了法律职业可能采取的一些方向。
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引用次数: 1
Youth Justice: Challenges in Responding to Young People Convicted of Sexual Offences 青少年司法:应对青少年性犯罪的挑战
Pub Date : 2011-08-01 DOI: 10.21153/dlr2011vol16no1art97
Wendy O’Brien
The clinical and criminological literature on adolescents who have committed sexual offences indicates that the pathologisation of young people and a labelling or overly punitive response is likely to be more harmful than rehabilitative. Accordingly, therapeutic counselling and diversionary schemes are seen as preferable to custodial terms in most instances. For adolescents convicted of sex offences, clinicians identify the benefits of comprehensive therapeutic care which involves family and is sensitive to the young person's context and culture. The benefits of this approach are documented and, although data are limited, indications are that recidivism is reduced where adolescents are provided with specialised counselling to encourage positive and non-abusive behaviours. In Australia, each state and territory has provisions for youth justice clients serving custodial or community orders for sexually abusive behaviours. Yet each jurisdiction experiences challenges in ensuring the delivery of equitable and comprehensive therapeutic services, particularly to regionally and remotely located youth. This paper draws on data from a national study of the therapeutic services to children and adolescents with sexualised or sexual offending behaviours. With attention to the difficulties in providing services to regionally and remotely located adolescents, this paper highlights challenges around lengthy remand terms, the provision of pre-offence diversionary programs, and the provision of specialised supervision for young people serving community orders. For example, jurisdictions with the largest geographic service areas face enormous difficulties in providing specialised supervision for community-based orders. At present, there are several jurisdictions where regionally and remotely located adolescents may serve the duration of a youth justice order without receiving specialised counselling to assist them in modifying their behaviours. The paper identifies the risks where specialised counselling cannot be provided, but also identifies specific initiatives designed to fill these gaps in service provision to youth justice clients.
关于性犯罪的青少年的临床和犯罪学文献表明,对年轻人的病态化和标签化或过度惩罚的反应可能比康复更有害。因此,在大多数情况下,治疗咨询和转移计划被认为比监禁条件更可取。对于被判有性犯罪的青少年,临床医生确定了包括家庭在内的综合治疗护理的好处,并对年轻人的背景和文化敏感。这种做法的好处是有据可查的,虽然数据有限,但有迹象表明,在向青少年提供鼓励积极和非虐待行为的专门咨询的情况下,再犯率会降低。在澳大利亚,每个州和地区都有关于青少年司法客户因性虐待行为而被拘留或社区命令的规定。然而,在确保提供公平和全面的治疗服务方面,每个司法管辖区都面临挑战,特别是对区域和偏远地区的青年。本文借鉴了一项针对儿童性化或性侵犯行为的儿童和青少年的治疗服务的全国性研究数据。注意到在为地区和偏远地区的青少年提供服务方面的困难,本文强调了围绕长期还押期限,提供犯罪前转移计划以及为服务社区秩序的年轻人提供专门监督的挑战。例如,地理服务区域最大的司法管辖区在为社区订单提供专门监督方面面临巨大困难。目前,在一些司法管辖区,区域和偏远地区的青少年可能在青少年司法令执行期间没有接受专门咨询,以帮助他们改变自己的行为。该文件确定了无法提供专业咨询的风险,但也确定了旨在填补向青年司法客户提供服务方面的这些空白的具体举措。
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引用次数: 2
Postcode justice: Rural and regional disadvantage in the administration of the law 邮编司法:农村和地区在执法上的劣势
Pub Date : 2011-08-01 DOI: 10.21153/DLR2011VOL16NO1ART98
Richard Coverdale
The paper signposts a number of issues identified within the research project: Postcode Justice - Rural and Regional Disadvantage in the Administration of the Law. It highlights key areas in which regional Victorians experience disadvantage in access to justice system services in comparison to their metropolitan counterparts. Issues raised by interviewees and survey participants demonstrate inherent problems with the current delivery of justice system services, programs and processes in regional Victoria. Briefly explored within the paper is the relationship of 'distance' to the delivery of justice. The paper suggests that little consideration is given to the spatial disadvantage experienced by regional communities in the development of legislation or the implementation of justice system programs, practices and procedures. The paper also examines the Magistrates' Court criminal court programs which embrace the principles of 'problem solving courts' and 'therapeutic jurisprudence'. While they are important innovations, these programs have had limited roll-out to regional communities. In its conclusion the paper suggests that an independent and unified 'voice' is needed to ensure a genuine and informed response to the diverse areas in which inequity exists in the delivery of justice system services to regional communities.
该论文指出了研究项目中确定的一些问题:邮政司法-农村和地区在法律管理中的劣势。它强调了与大都市居民相比,维多利亚地区居民在获得司法系统服务方面处于劣势的关键领域。受访者和调查参与者提出的问题表明,目前维多利亚州地区司法系统服务、方案和流程的交付存在固有问题。本文简要探讨了“距离”与司法公正的关系。本文认为,在立法制定或司法系统方案、实践和程序的实施中,很少考虑区域社区所经历的空间劣势。本文还考察了治安法院刑事法庭方案,其中包括“解决问题的法院”和“治疗法学”的原则。虽然它们是重要的创新,但这些项目在地区社区的推广有限。在结论中,该报告建议,需要一个独立和统一的“声音”,以确保对司法系统向区域社区提供服务中存在不平等的不同领域做出真实和知情的回应。
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引用次数: 25
Legislative and community support for offender reintegration in Victoria 在维多利亚州为罪犯重新融入社会提供立法和社区支持
Pub Date : 2011-08-01 DOI: 10.21153/DLR2011VOL16NO1ART96
Lesley A Hardcastle, Terence P Bartholomew, J. Graffam
The status of offender rehabilitation has been influenced by the prevailing social climate, the promotion of ways to improve rehabilitation's efficacy, and the well documented cycling of correctional imperatives. A renewed interest in offender transitions and reintegration has been apparent in recent years and most western correctional systems now feature policies and/or programs that address issues relating to the housing, employment, education and the broader 'resettlement' of offenders. However, this movement of correctional imperatives into the 'social' realm brings considerable challenges. Perhaps most significantly, the achievement of reintegration is dependent on juridical and community support in ways that other sentencing goals are not. Given the array of understandings of what 'reintegration' actually is, the abundance of programs claiming such a focus, and the reliance that reintegrative ideas have on community support, measuring the extent and nature of such support is seen as a useful exercise. With the above in mind, the goal of this paper is to identify legislative and community obstacles to the success of reintegrative ideals and policies. The paper first examines relevant legislation for references to reintegrative notions, finding a legislative ambivalence about such ideas. It then presents findings from a Victoria-wide survey of community views about the reintegration of ex-offenders. Participants in the community survey (n = 2635) were asked for their views about sentencing objectives, and the nature of their support for employment and housing initiatives. The results showed low levels of overall support for reintegration, with numerous more subtle distinctions being evident. The data also identify numerous areas where reintegrative programs are likely to be more readily accepted. The findings also indicate a need for targeted research into the correlates of community readiness for specific aspects of offender reintegration, and underlines the need for community education about the social implications of effective reintegration policies for urban, regional and rural communities.
罪犯改造的状况受到当前社会气候、促进改善改造效果的方法以及有充分记录的改造任务循环的影响。近年来,人们对罪犯的转变和重新融入社会重新产生了兴趣,大多数西方惩教系统现在都有政策和/或计划,解决与罪犯的住房、就业、教育和更广泛的“重新安置”有关的问题。然而,这种惩教命令进入“社会”领域的运动带来了相当大的挑战。也许最重要的是,重新融入社会的实现取决于司法和社区的支持,而其他量刑目标则没有。考虑到对“重返社会”实际含义的一系列理解,大量声称这样一个重点的项目,以及重返社会理念对社区支持的依赖,衡量这种支持的程度和性质被视为一种有用的实践。考虑到上述情况,本文的目标是确定重新整合理想和政策成功的立法和社区障碍。本文首先考察了相关立法对“再整合”概念的借鉴,发现这一概念在立法上存在矛盾心理。然后,报告展示了一项维多利亚州范围内对前罪犯重新融入社会的社区看法的调查结果。社区调查的参与者(n = 2635)被问及他们对量刑目标的看法,以及他们对就业和住房倡议的支持性质。结果显示,对重返社会的总体支持水平较低,许多更微妙的差异是显而易见的。数据还指出,在许多领域,重返社会计划可能更容易被接受。调查结果还表明,需要有针对性地研究社区对罪犯重新融入社会的具体方面的准备情况之间的关系,并强调需要就有效的重新融入社会政策对城市、区域和农村社区的社会影响进行社区教育。
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引用次数: 19
Bush Lawyers in New South Wales and Queensland: A Spatial Analysis 新南威尔士州和昆士兰州的布什律师:空间分析
Pub Date : 2011-08-01 DOI: 10.21153/DLR2011VOL16NO1ART95
K. Mcdougall, R. Mortensen
This article deals with the effect that different structures for the legal profession might have on supporting legal practice. There is a particular focus on Queensland, and its Law Society's claim that conveyancing protection is important infrastructure for practice in the bush. A spatial analysis was undertaken to compare the availability of legal services in Queensland and New South Wales (where non-lawyer conveyancing is allowed) in 2008. Areas in the two states classified according to the Accessibility/Remoteness Index of Australia (ARIA) were compared, and it was found that NSW had an equal or marginally better provision of legal services in all ARIA categories. The implications that this has for conveyancing protection, and other differences between the states (the earlier availability of incorporated law practices (ILPs) and the higher number of regional law schools in NSW) are discussed. Only a comprehensive longitudinal analysis can more strongly isolate the likely effect, if any, of conveyancing protection, ILPs and regional law schools on bush practice. However, the suggestion is that the differences in legal infrastructure - including conveyancing protection - are less important for supporting legal services in the bush than social considerations (family, lifestyle, professional development, gender, employment patterns and salary) are likely to be.
本文讨论了法律职业的不同结构可能对支持法律实践产生的影响。特别关注昆士兰州,其律师协会声称,转让保护是丛林实践的重要基础设施。2008年进行了一项空间分析,比较了昆士兰州和新南威尔士州(允许非律师转让)法律服务的可用性。比较了根据澳大利亚无障碍/偏远指数(ARIA)分类的两个州的地区,发现新南威尔士州在所有ARIA类别中提供的法律服务相同或略好。讨论了这对转让保护的影响,以及各州之间的其他差异(合并法律实践(ILPs)的较早可用性和新南威尔士州地区法学院的较高数量)。只有一项全面的纵向分析才能更有力地分离出让保护、ilp和地区法学院对丛林实践的可能影响(如果有的话)。但是,建议是,法律基础设施的差异- -包括转让保护- -对于支持丛林中的法律服务来说,可能不如社会考虑因素(家庭、生活方式、专业发展、性别、就业模式和工资)重要。
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引用次数: 5
Using Technology to Increase Support for Rural and Regional Legal Professionals 利用技术手段加大对农村和地区法律专业人员的支持
Pub Date : 2011-08-01 DOI: 10.21153/DLR2011VOL16NO1ART100
A. Kennedy, S. Winn
An examination of available continuing professional education (CPE) opportunities for legal practitioners in rural and regional Australia illustrates that more can be done to ensure that practitioners receive a high quality and synchronous program that can be sustained and that is adequate to fulfil the ongoing needs of rural and regional practitioners. The provision of CPE is focused principally upon the delivery of professional knowledge relevant to legal practice. However, there is limited evidence of highly developed systems that draw on sophisticated educational pedagogy and synchronous interactive technology to deliver professional content. The use of synchronous interactive technologies which provide for a deeper, peer-to-peer interaction are not currently in widespread use. Moreover, there is currently minimal support for the broader issues of the management of rural and regional practice, the specific family or health and welfare issues of rural and regional legal professionals, and the particular problems confronting rural and regional professionals living in small communities where complementary services are lacking. This paper explores the potential to significantly increase support for rural and regional legal professionals in ways that address the above issues.
对澳大利亚农村和地区法律从业人员的持续专业教育(CPE)机会的检查表明,可以做更多的工作来确保从业人员接受高质量和同步的课程,这些课程可以持续下去,足以满足农村和地区从业人员的持续需求。持续专业教育课程主要侧重于传授与法律实务相关的专业知识。然而,利用复杂的教育方法和同步互动技术来提供专业内容的高度发达的系统的证据有限。提供更深层次的点对点交互的同步交互技术的使用目前还没有得到广泛使用。此外,目前对农村和区域实践管理、农村和区域法律专业人员的具体家庭或健康和福利问题以及生活在缺乏补充服务的小社区的农村和区域法律专业人员所面临的特殊问题的支持很少。本文探讨了以解决上述问题的方式显著增加对农村和地区法律专业人员的支持的潜力。
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引用次数: 2
Law and justice outside the CBD CBD外的法律和正义
Pub Date : 2011-08-01 DOI: 10.21153/DLR2011VOL16NO1ART91
R. French
Rural and regional Australia frames much of our national history and cultural heritage and therefore of our identity as a people. The oldest and most pervasive part of that history and heritage is found in the intricate and beautiful legends of the Dreamtime which have mapped and named Australian landscapes for tens of thousands of years. Those legends find visual, aural and kinetic expression in the art, songs and dances of Aboriginal people living and dead, which we and the world have only really begun to appreciate in the last half century. The rise of that appreciation and the affirmation by Aboriginal people of their cultural heritage perhaps mitigates the darker aspect of the consequences .
澳大利亚的农村和地区构成了我们国家的历史和文化遗产,因此也构成了我们作为一个民族的身份。这段历史和遗产中最古老、最普遍的部分,可以在“梦幻时代”错综复杂而美丽的传说中找到。数万年来,这些传说描绘和命名了澳大利亚的风景。这些传说在现存和死去的土著居民的艺术、歌曲和舞蹈中找到了视觉、听觉和动态的表达,我们和世界在过去的半个世纪里才真正开始欣赏它们。土著人对其文化遗产的欣赏和肯定的增加,也许会减轻其后果的阴暗面。
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引用次数: 2
期刊
Deakin Law Review
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