H01 2001 words Kakadu: A World Heritage of Unsurpassed Beauty By Derrick Ovington A HERITAGE OF AUSTRALIAN ANIMALS AND PLANTS Conservation status Australia is an island continent and as a consequence, except for migratory species, Australian animals and plants have evolved in isolation and many are specific to the continent. However, numerous Kakadu species have retained affinities with those of South-East Asia, the nearest land mass, apparently reflecting their shared common ancestry when Australia and Asia were joined together. Kakadu is the home of a rich heritage of native animals and plants; many are both attractive and of scientific interest. Because of the value of native animals and plants to Aborigines, it is not surprising that they feature in Aboriginal mythology and rock art. The rock paintings, particularly of animals, provide evidence both of long-term changes in the species present and of the continued presence in the area of other species for thousands of years. Each of the numerous Park habitats has its own characteristic community of living things interacting in innumerable ways with one another and with their environments. Knowledge of these functional relationships is critical for management of the Park. Detailed research is providing vital information to enable the implementation of effective management practices to safeguard this remarkable range of species and habitats. Both are irreplaceable, having resulted from over 20 million years of evolution. The species present at Kakadu differ greatly in distribution and conservation status. Some are common in Australia or across tropical northern Australia and are not under threat. Other species though widespread in northern Australia are rare and their survival may depend in large measure on the protection afforded by the National Park. A few species have a very restricted distribution, being found only at Kakadu and sometimes only in certain localities because of their very precise environmental requirements. Knowledge of the abundance and distribution of species in the Park helps to ensure the protection of rare and endangered species and improves the likelihood of people seeing plants and animals of special interest to them. All the different kinds of native living things present have a role to play in maintaining the delicate harmony of Kakadu with its self-regulating and continuing sequence of reproduction, life, death and decay. Of all tropical wilderness areas in the southern hemisphere Kakadu National Park is the most outstanding sanctuary, providing a haven where a wide variety of animals and plants, including some rare or endangered species, can survive in natural surroundings. Let us keep it that way. Animals Whilst Kakadu is renowned for its variety of wild animals, undoubtedly the species tally is incomplete. Already scientists have recorded about 50 mammal, 275 bird, 75 reptile, 25 frog and 55 fish species. There is a great diversity of insects; about 4500 species have been recognised. As systematic faunal surveys of different habitats are completed, new species for the Park, and some new to science, are being discovered and species not seen for many years are being rediscovered. Most native animals at Kakadu are harmless to people but some can be plain annoying, especially insects which buzz around, bite or suck blood from people. Mosquitoes thrive in the Kakadu environment and can be particularly troublesome to campers. Other creatures such as venomous snakes and large crocodiles are dangerous if provoked. Animals protected in national parks tend to have little fear of people and, with some justificaiton, may regard people as food or as intruders to their territories, posing a challenging threat to themselves or their offspring. Naturally, in these circumstances some wild animals may react aggressively to humans. Consequently it is advisable not to act foolishly by taking risks. Watching wild animals at Kakadu can be a pleasant experience but sensible people keep a safe distance from wild animals and use telephoto lenses to take close-up photographs. Most native animals are nocturnal and the best time to see some species is dusk or shortly after dawn. Mammals The native mammals are generally shy and avoid people by hiding or running away. Dingoes or wild dogs Canis familiaris dingo range widely in the Park, feeding mainly on other mammals, birds and reptiles. Most often they are encountered as single animals or as a pair but sometimes family packs of up to five are seen. Virtually all dingoes at Kakadu are pure bred for there has been little interbreeding with domestic dogs. Macropods are common in some habitats. The gregarious agile wallabies Macropus agilis often move in groups through the open woodland whilst wallaroos or euros M. robustus are usually seen as solitary animals in upland wooded areas. Mobs of antilopine kangaroos M. antilopinus are occasionally seen on stony ridges or in open woodland, particularly where plants are regenerating after fire. Spectacled hare wallabies Lagorchestes conspicillatus and northern nailtail wallabies Onychogalea unguifera are present in small numbers in grassland and open woodland areas. The very shy black wallaroos Macropus bernardus are largely confined to the Park. The relatively small nabarleks Peradorcas concinna and short eared rock wallabies Petrogale brachyotis inhabit the rocky formations of the escarpment and outliers. The smaller mammals tend to be inconspicuous and only seen briefly. The arboreal sugar gliders Petaurus breviceps and northern brushtail possums Trichosurus arnhemensis as well as northern brown bandicoots Isoodon macrourus are sometimes observed during the day in wooded areas. Several kinds of water rats and other small rodents live in freshwater lagoon and floodplain habitats but are rarely encountered. Echidnas Tachyglossus aculeatus, sometimes called spiny anteaters, are to be found on the escarpment. Some small mammals are largely confined to rocky areas; typical of these are rock possums Pseudocheirus dahli, Woodward's thick tailed rats Zyzomys woodwardi and Harney's marsupial mice Parantechinus bilarni, only known since 1948. Many species of small mammals are essentailly nocturnal and are aggressive, fierce carnivores, for instance northern native cats or northern quolls Dasyurus hallucatus and arboreal phascogales Phascogale tapoatafa. Within the Park there is a remarkable variety of flying mammals, twenty-six of the sixty-five species of Australian bats being present. The bats of Kakadu range in size from large, fruit-eating flying foxes, weighing at maturity over half a kilogram, to small, mouse-sized animals. Whilst some people are apprehensive of bats, the ill repute of bats is undeserved. These remarkable animals are highly adapted to enable them to fly and navigate at night. Bats spend the days roosting in groves of trees, caves, rock overhangs, tree hollows and under bark. They are often seen flying at dusk when they leave their roosts to forage. The two species of flying foxes present at Kakadu, black flying foxes Pteropus alecto and little red flying foxes P. scapulatus, are the most conspicuous of the bats. Roosting by day in large, and somewhat smelly, camps in mangroves, paperbark swamps and monsoon forests, they emerge in droves to feed at night on the fruits, flowers and leaves of trees, particularly of Ficus, Eucalyptus and Melaleuca species. Often they are seen, or heard, squabbling amongst themselves whilst feeding at Nourlangie Camp and Park Headquarters. Since flying foxes are important pollinators of plants and disperse viable seed through their excrement, they are important for the perpetuation of some plant species. Kakadu is a key refuge for at least four species of endangered bats: ghost bats Macroderma gigas, orange horseshoe bats Rhinonicteris aurantius, lesser wart nosed horseshoe bats Hipposideros stenotis and white striped sheathtail bats Taphozous kapalgensis. Ghost bats are carnivorous, feeding on insects, mammals, small birds, and even other bats on occasion. They roost in caves and overhangs with stable temperature and humidity regimes. Orange horseshoe bats are very rare, with possibly fewer than 2000 living in Australia. Although individuals have been seen at Kakadu, no roosting sites have been discovered. Bats of this species are known to roost in very hot, humid caves and being very sensitive to human interference may abandon caves if disturbed. They feed on moths, beetles, wasps and ants caught while flying low over the ground Little is known of the biology of lesser wart nosed horseshoe bats. They have two warty protuberances on the nose which may aid echo location of objects when flying at night. White striped sheathtail bats, only discovered in 1979, are apparently endemic to Kakadu National Park. Found in open eucalypt and pandanus woodland, they fly high and fast in pursuit of insects and are believed to roost in the hollows of trees or under exfoliating bark. Birds Kakadu National Park has a remarkable combination of bird species; about a third of all Australian species has been recorded there. In particular, it is a major Australian refuge for many kinds of tropical birds. Birds of prey range widely over the Park, differing in size from large, majestic wedgetailed eagles Aquila audax to small, but lightning quick, collared sparrowhawks Accipiter cirrhocephalus. Black kites Milvus migrans are the most common birds of prey in the Park. Possibly the most frequent bird sound heard in the dry season is the shrill cry of the ubiquitous whistling kites Haliastur sphenurus, gliding gracefully or circling on thermal air currents on the look-out for carrion. Letter winged kites Elanus scriptus, a relatively rare species, are present in the Park and are most active at night, when they may be seen hunting over the floodplains for rodents. The discovery of a small breeding pupulation at Kakadu extended the previously known range in the Northern Territory by several hundred kilometres. Both grey and white phases of grey goshawks Accipiter novaehollandiae occur in wooded areas. Rare red goshawks Erythrotriorchis radiatus, which feed mainly on other birds, are largely restricted to the sandstone woodland. White breasted sea eagles Haliaeetus leucogaster are often seen singly or in pairs perched on trees overlooking billabongs or flying with strong, leisurely wing beats along waterways in search of unsuspecting fish on which they swoop and catch them in their talons. Along the coast and on the tidal flats there is a great variety of birds. Some are all year residents, others are migratory, mainly returning from more northerly or southerly latitudes at the onset of the wet or the dry season. The coastal bird fauna includes boobies, cormorants, curlews, egrets, greenshanks, herons, ospreys, oyster catchers, plovers, rails, stilts, sandpipers, terns and turnstones. The mangrove swamps are important roosting and breeding sites for many bird species, including colonial nesters such as egrets and cormorants. Some birds are largely confined to the mangroves. Examples of these are mangrove kingfishers Halycon chloris, mangrove robins Eopsaltria pulverulenta, chestnut rails Eulabeornis castaneoventris, white breasted whistlers Pachycephala lanioides, yellow white eyes Zosterops lutea, large billed warblers Gerygone magnirostris and mangrove warblers G. levigaster. Mangrove warblers are noteworthy for their sustained sweet song and compact pear-shaped nests, made of bark, grass stems and seaweed neatly bound together with spider web, and usually seen suspended from leafy mangrove branches. Because of their variety and profusion much interest has centred on waterbirds. At nesting time the breeding grounds, hidden amidst the dense sedge and grass cover of the floodplains, resound with the noise of geese and ducks. The populations of some waterbird species, although abundant in Kakadu, are largely restricted in Asutralia to a narrow band along the northern coastline. Typical of these are magpie geese Anseranas semipalmata, green pygmy geese Nettapus pulchellus, Burdekin ducks or Radjah shelducks Tadorna radjah and water whistling ducks Dendrocygna arcuata. Some waterbirds common at Kakadu are relatively widespread in Australia, for instance jabiru storks Xenorhynchus asiaticus, the namesake of Jabiru town with enormous spear-like beaks to catch fish, and lotus birds or lilytrotters Irediparra gallinacea, whose long hind toes enable them to walk on water weeds and which build their nests on floating vegetation. Other widespread species include pelicans Pelecanus conspicillatus and darters Anhinga melanogaster, sometimes called snake birds because of their resemblance to snakes when swimming submerged with the head and neck above water. Cormorants, egrets, herons and ibis abound. Nankeen or rufous night herons Nycticorax caledonicus are very common along the watercourses. Recently a large rookery of this heron, with as many as 2000 nesting birds, was discovered in rainforest at Kakadu. H02 2014 words Nursing Homes and Hostels Review Chapter Six Nursing home and hostel recurrent funding Introduction Within the context of a continuum of care, according to assessed levels of individual dependency, funding arrangements with respect to hostel and nursing home residents should: • enable a reasonable and adequate standard of care to be provided; • ensure equity for financially disadvantaged people; • reinforce the emphasis on encouraging maintenance of individual independ+ence; • achieve greater equity between States on per capita expenditure; • be cost-effective for the taxpayer; and • create incentives for service providers to increase administrative efficiency. There is general acknowledgment that existing financial arrangements fall short of the Commonwealth's aims in a number of areas. In particular, the following concerns are raised by the Auditor-General's report on an efficiency audit, the report of the House of Representatives Standing Committee on Expenditure (McLeay) and the report by the Senate Select Committee on Private Hospitals and Nursing Homes (Giles): • The overall funding system exacerbates the differences between hostels and nursing homes by consistently increasing the differential between benefits for personal care in hostels and ordinary care in nursing homes. • Funding arrangements provide no encouragement for rehabilitation or for maintenance of personal independence. • The existing fees control system is complex, costly and difficult to administer. Fees relate to real levels of expenditure but not to real costs of care, and vary widely from nursing home to nursing home and State to State. This interstate variation results in substantial per capita inequities in benefits paid from one State to another. • There are serious anomalies in arrangements controlling profits, which the industry is increasingly less prepared to tolerate. • There is little incentive for proprietors to limit operating costs as costs incurred are returned as fee increases. Savings on approved costs cannot be retained and are reflected in negative loadings on fees. • The existing nexus between costs, fees and benefits, and the difficulty over time in relating fee increases to real cost movements, has severely reduced the Commonwealth's capacity to control overall expenditure on nursing homes. This problem is escalating. The tables on current and projected expenditure in Chapter Two illustrate this problem. • Commonwealth expenditure per bed day is higher for deficit- financed homes than for participating homes. But Commonwealth policy priorities, concerning access to nursing homes for disadvantaged groups, are no more likely to be met by deficit- financed homes than by participating homes, despite the additional expenditure incurred. The clear conclusion of all these reports, which is supported by government policy statements, is that the large amounts of scarce resources expended through residential programs must be directed only to those aged or disabled people whose needs are not able to be met through community-based care services. Despite the huge investment of resources, residential programs in fact cater for only a small minority of aged and disabled people and no matter how well structured or co- ordinated the programs, they will continue to be appropriate for only a minority. The central divergence in the conclusions of the major reports concerns the degree of Commonwealth involvement in the program over the longer term. The McLeay report recommended a progressive transfer of responsibility to the States, for both residential and community care, while the Giles report specifically rejected grants to the States in favour of program grants administered by the Common+wealth. The Review believes that the priority is to enhance the effectiveness of the current programs and their linkages with community services and that issues relating to longer term control cannot be determined at present. Approaches to funding On the basis of the stated objectives and the conclusions of the major reports on current problems, there are three major elements which need to be taken into account in devising new funding arrangements for residential programs: • The new system must incorporate budgetary controls over the funding of nursing home benefits and assistance. Under present open-ended arrange+ments the rate of growth in outlays is very difficult to control or to predict beyond a narrow timeframe. • The system must address current administrative complexities; funding ine+quities between different types of institutions and between States which result in significant per capita inequities across the program; and the existing disincentives for provider efficiency. • The new arrangements must support the proposed restructuring of service provision and be consistent with the broad goals of providing a continuum of care and discouraging premature institutionalisation, while allowing greater flexibility in planning for future rapid growth in the aged population. However, while there is broad agreement on the importance of these elements in any new funding arrangements, there is no clear-cut strategy for achieving them. The number and variety of proposals put forward over the years have been great, but taken in isolation most of them have adverse consequences of varying magnitude. This has been a major deterrent to change. Essentially, these proposals relate to four central issues which are discussed below: • the continuation of growth control; • the nexus between costs, fees and benefits; • protection for financially disadvantaged persons; and • improvement of program efficiency within the existing structure. The continuation of growth control Control on the overall number of nursing home beds, by limiting supply, has been the most effective device used by the Commonwealth to date for controlling costs and reducing unnecessary admissions. At present, this is done by controlling, through a series of planning principles, the number of beds approved for benefit; and by prohibiting non- approved beds in approved homes. However, restricting supply also: • encourages fee increases, and hence pressure on benefits; • cannot ensure priority of access to highly dependent persons most in need of nursing care; and • is subject to demand pressures. To be successful, it depends on: • means for protecting financially disadvantaged people (currently fees control); and • admission control (currently control over the kinds of people approved for benefit, but not the number). Removal of controls on bed growth and on approval of beds for benefit, on the other hand, would result in an excess supply of beds. This would: • allow nursing homes to compete for patients; • encourage provider efficiency and protect standards; and • restrain fee increases, allowing the lifting of controls on fees. It would depend for expenditure control on restricting the number of people approved for benefit. This has always proven extremely difficult. Experience in the health industry indicates that all beds would be likely to be fully occupied, causing: • pressure to procure benefits for all people admitted, leading to encouragement of increasing dependency and institutionalisation, and discouragement of rehabilitation; • increasing difficulty for people to be approved for benefit directly from the community, without a preliminary admission period in which they received no benefit; and • increasing admission of better-off people who could afford to pay fees in the initial non-benefit period, at the expense of people who were financially disadvantaged. To be successful and meet wider Commonwealth aims for enhanced rehabilitation and the prevention of unnecessary institutionalisation, this form of deregulation would depend on: • means for protecting financially disadvantaged persons; • a way to ensure that people who do not need nursing care are not prematurely admitted to nursing homes as a preliminary to claiming benefit; and • a way of protecting assessment mechanisms from bearing the full brunt of expenditure control, when their major concern is to make judgments about patient care requirements. The Review considers that the disadvantages of the removal of controls on bed growth significantly outweigh the advantages. The nexus between fees, costs and benefits The Commonwealth provides assistance to nursing home residents so that everyone who needs this form of care can have access to it, regardless of their means. Because 62-65 per cent of residents are pensioners with little or no other income, Commonwealth assistance, with the minimum patient contribution, must be sufficient to cover the basic costs of an adequate and reasonable standard of care for at least two-thirds of residents. The present fee control system allows the Commonwealth to protect pensioners in participating nursing homes who have little or no other income, by striking a benefit which, with the minimum patient contribution, covers the fees charged for 70 per cent of these beds, at the commencement of the benefit period. In Victoria and South Australia this system does not apply in 1986, and the proportions of participating home residents covered at the commencement of the benefit period were 62 and 67 per cent respectively. The starting point for determining benefits under this system is the fees charged by individual nursing homes, which in turn are approved by the Commonwealth on the basis of allowable costs, plus a profit component. Interstate differences are perpetuated in the range of benefit levels from State to State. The benefit is then, essentially, a form of cost reimbursement, rather than a payment in respect of provision of an approved standard of care. An additional problem is that the present system does not differentiate the real costs of ordinary and extensive levels of care. Thus, the approved daily fees for any participating nursing home are always based on the total per diem income of the home divided by the number of beds, and the differential between ordinary and extensive care fees is always the standard $6 per day regardless of the cost structure of the home. The main advantage of breaking the nexus between costs, fees and benefits would be that benefits could be standardised and could be determined by some other means more consistent with Commonwealth aims to: • control expenditure growth; • achieve greater equity between States; and • reflect the actual costs of ordinary and extensive nursing care for residents with different levels of dependency. In effect, such a change would be consistent with the introduction of program grants. The essential features of program grants are that participating organisa+tions agree to provide a specified level of service in return for receiving a specified level of grant, and a specified level of patient contribution. The advantages of such a system are its administrative simplicity and the incentives it provides for efficient management by proprietors of nursing homes. The main problem is that it assumes that all nursing homes could be operated within a common cost structure, irrespective of size, location, age etc. In practical terms, the difficulty in introducing program grants, or simply setting benefits in some way other than on approved fees, lies in the basis on which the grant should be calculated. The W.D. Scott study on the Cost of nursing home and hostel care services (Scott, 1985) explores the notion of standard costs in developing program grants - standard costs being expressed as the number of units of input required to produce a unit of output. In the nursing home context, output measures for deriving standard costs would be the level of patient care deemed reasonable and adequate by the Commonwealth for ordinary and extensive care residents. W.D. Scott pointed to two approaches to developing standard costs: • The first of these would develop standard costs from existing costs. This assumes the existence of a consistent service level, and hence a similar cost structure across nursing homes. For instance, if there were consistent service levels for food and linen services, then a standard cost could be struck, based on existing costs for these services. • The second approach would base standard costs on an independent point of reference. Thus, the Commonwealth would specify a standard output for all aspects of service such as nursing hours per patient, food and laundry services, light and heat etc. and define the levels of input required to meet these standards. W.D. Scott preferred the second approach, concluding that there was insufficient consistency in existing costs to generate standard costs. However, they recommended a phased introduction to program grants: • Phase I would use current average costs as an interim model for deriving the standard cost for various aspects of nursing home operations. During this period, homes varying substantially from the average would be identified and the range of costs gradually compressed. H03 2021 words Ethical and legal issues in guardianship options for intellectually disadvantaged people By Dr Terry Carney and Prof Peter Singer Chapter Five Options in caring for and protecting intellectually disadvantaged people INTRODUCTION In Chapter One two competing goals in the care and protection of intellectually disadvantaged persons (on the one hand, maximising the freedom of the individual, and on the other hand, protecting the welfare of the individual) were discussed. Most programs for the intellectually disadvantaged attempt to steer a middle course between these goals. There are several ways of doing this, and the course chosen determines, in a rough way, the relative weight to be accorded to each goal. This chapter commences a more detailed discussion of guardianship schemes, both existing and proposed. There are two questions to be addressed in discussing guardianship alternatives. First, what type or model of guardianship is to be preferred? Second, what sort of administrative delivery structure should underpin the preference for a particular model of guardianship? The first question involves choosing between three models: • a legalistic or `substituted judgment' model which aims to facilitate only a person's legal functioning in the community; • a welfare oriented or therapeutic model which strives to bring a wider range of benefits to the person; and • a `parent-child' or developmental model which aims to promote the development of the individual's functioning in a range of areas. The second question involves choosing from volunteers backed up by a co-ordinating agency, social work professionals employed by a public or private agency, and an agency which may seek guardianship but whose prime function is the delivery of social services. Some delivery structures may be capable of delivering more than one type of guardianship, but there are inherent limitations which will emerge from the discussion which follows. In his discussion of models for guardianship, McLaughlin notes that the conflicting internal logics of the various solutions seem to make it impossible to form a hybrid model of the best aspects of each. The field of choice is also narrowed by some practical considerations and by the impact of principles such as that of the least restrictive alternative. Some parents, for example, suggest that the law should `automatically' continue their guardianship rights when their handicapped offspring reach adulthood. The insuperable practical barrier to such a scheme is that of classification; intellectually disadvantaged people cannot readily be identified by their behaviour, by their history of utilisation of specialist services, or from any public records. Most people will not classify themselves or be universally regarded by their close family as being disadvantaged to the degree which would justify appointment of someone as their guardian. Even where this identity is established, it will not generally be known to any public agency. And where an agency does have a record - such as would be the case where services have been supplied to assist in say the education of a disadvantaged child prior to adulthood - it does not follow that all (or indeed any) of these people require guardianship. This is really the nub of the matter, for it squarely raises the question of policy. Assuming for the moment that the class of people to be covered could somehow be established with precision (and precise it must be if the law is not to have the effect of stripping competent non-disadvantaged adults of `self guardianship'), there would still be the question of the application of the principle of the least restrictive alternative. For automatic guardianship would, at worst, be plenary guardianship or, at best, over-generous guardianship. One cannot tailor a suit for a client whose measurements and needs remain unknown; equally, it is not possible to limit the powers of the guardian to the bare essentials necessary for that person if the law is required to be `automatic' in its operations. Guardianship would inevitably be of the `off the peg' variety; and it would be manufactured to accommodate the client whose needs were the most extensive. In place of least restrictive guardianship we would be ushering in a `most restrictive' guardianship regime; it would automatically appoint guardians for people who do not require them, and it would clothe many guardians with powers substantially in excess of that required to meet the needs of the particular disadvantaged person. This chapter puts such impractical schemes to one side and concentrates attention on those guardianship options which are both workable and consistent with the basic guiding principles laid down in such documents as the United Nations Declaration. The models to be explored here result from a serious attempt to devise workable models which are broadly consistent with these guiding principles. One of the fundamental questions which must, however, be addressed in this context is whether limited guardianship should be made available. This matter is also considered in this chapter. THE LEGALISTIC OR `SUBSTITUTED JUDGEMENT' MODEL Introduction McLaughlin and Frolik both acknowledge that the expressions `legalistic' and `substituted judgment' may be used to describe the same model for guardianship. The following discussion uses the expression `legalistic' wherever possible, in order to avoid confusion. McLaughlin commences his discussion of the legalistic model of guardianship by quoting the following definition of guardianship: The term `guardianship' refers to a legally recognised relationship between a specified competent adult and another specified person, the `ward' who, because of his tender age or because of some significant degree of mental disability, judicially verified, is considered to lack legal capacity to exercise some or all of the rights pertaining to adults generally in the country of which he is a citizen. The guardian is specifically charged with protecting his ward's interests and, for certain purposes, exercising essential rights on his behalf. This definition, says McLaughlin, makes it clear that guardianship is essentially a legal device by which: i) the exercise of certain rights is transferred from one person who lacks mental capacity to another person with legal capacity, and ii) certain duties of protection are imposed on the person to whom the rights are transferred. In other words, the guardian becomes a `substitute decision-maker' for the person subject to the guardianship, and is given legal responsibility for the protection of that person. What group of intellectually disadvantaged people does the substituted judgment model of guardianship address? McLaughlin has identified three broad groups in relation to which the question of a need for guardianship might arise. The first group includes severely and profoundly intellectually disadvantaged individuals, among others, who have a need for valid consents to be given to medical procedures and other forms of treatment, therapy and rehabilitation, and for assistance in matters of day-to-day living, because they do not have the mental capacity to understand the information that underlies the validity of consents. This group most clearly requires guardianship to enable its members to interact legally with the world, and its members frequently require protection as well since they are very dependent upon others for even basic life functions. They have extremely limited communication skills, paid human service workers are often the only people aware of their existence, and they are often housed in institutional settings where individual needs give way to institutional maintenance. The other two groups identified by McLaughlin are: those mildly and moderately intellectually disadvantaged persons who do have the mental capacity for forming legal relationships, but who exercise that capacity in a way that is perceived by other people as not being in their best interests, probably because they just cannot keep pace with the demands of modern life; and those intellectually disadvantaged adults who are in situations where there is a risk of physical, sexual or economic abuse or exploitation from which they are unable or unwilling to extricate themselves. The legalistic model addresses neither of these groups. Members of the former group primarily require guidance and counselling. However, proponents of the legalistic model argue that guardianship is not an appropriate vehicle for the provision of such services, because they can be provided without the imposition of authority and resultant restriction of rights that guardianship entails. Guardianship according to the legalistic model is not a social service; it should only be used where a substitute decision-maker is needed to facilitate legal relationships. In relation to the latter `at risk' group, McLaughlin argues that guardianship should not be used to deal with issues of neglect, abuse or exploitation, and recommends that society should be more ready to make use of criminal sanctions against those responsible for such situations. After all, that is how people are normally protected in our society. The legalistic model for guardianship is based on the presumption that everybody is entitled to exercise all the rights generally available to all persons within the jurisdiction. Thus it has been said that: ... every human being should be presumed to have [the basic rights of privacy established by the Supreme Court of the United States] unless someone can show an almost certain probability of disastrous consequences if he exercises them ... There is a fundamental right to be left alone, a right to be allowed to succeed or fail, a right to ignore gratuitous advice, a right not to tell every problem to the social worker and a right not to answer the door. Persons who lack sufficient mental capacity to participate intellectually in certain legal acts, such as the giving of a consent which waives the right not to be touched by another person, may not engage in these legal acts. This is a serious deprivation of the legal right of such people, but McLaughlin argues that it is necessary `if the enforcement of legal relationships is to have any moral foundation'. The dangers of over-protection have already been referred to. One way of avoiding them is to make use of limited or partial guardianship schemes. This form of guardianship is discussed in more detail later in this chapter. The main aim is to take away legal decision-making power only in those areas of a person's life in which he/she has been found to lack legal competence. It is a sophisticated modification of traditional guardianship schemes, and is directed towards implementation of the principle of the least restrictive alternative. With its emphasis on legal functioning, it would fit in well with the legalistic model. The legalistic model seeks to deal with the dangers of over-protection and abuse of control by restricting the size of the group on which guardianship may be imposed and the purposes for which it may be used. According to McLaughlin, the appointment of a guardian under the legalistic model is effected by a court in a juridical proceeding, and the guardian is personally subject to the supervision of the court. However, in recent times there has been support for guardianship tribunals composed of experts in the field of intellectual impairment and incompetence, and chaired by lawyers, to be placed in charge of guardianships. If the principles of the legalistic approach to guardianship were set out in the enabling legislation as goals for which such a tribunal should strive, there seems to be no reason why it could not administer a legalistic type of guardianship. Because of the serious deprivation of legal rights under guardianship, proponents of the legalistic model argue strongly for extensive due process and evidentiary safeguards in order to minimise infringement of the rights of persons who are capable of exercising legal rights themselves. Such arguments accord with the views expressed in paragraph 7 of the Declaration on the rights of mentally retarded persons. In theory, there are two main possible effects of extending due process and increasing evidentiary standards. First, there might be a decrease in the number of cases in which a guardian is unnecessarily appointed. This is obviously a good effect, because it reduces the number of people who are unjustly deprived of their liberty. Second, there might be an increase in the number of cases where no guardian is appointed although one is necessary for the welfare of some person. This may be a bad effect. However, advocates of the legalistic approach believe that the good effect outweighs the bad, on the basis that we are all better off in a society which minimises the denial of liberty to its members. H04 2002 words Passenger coach safety: report of the House of Representatives Standing Committee on Transport Safety CHAPTER THREE MECHANICAL SAFETY Introduction 55. Claims have been made that the strong competition in the coach industry has resulted in a reduction in the mechanical safety of vehicles. However, the entry of new operators between 1980 and 1984 has resulted in a substantial reduction in the age profile of the express coach fleet, which has served to improve the overall standard of mechanical safety. The major long established operators have undertaken major fleet upgrading with the purchase of new coaches during 1984. Before the entry of the new operators the established operators were running older fleets, with the average age of coaches used by one operator being around 10 to 12 years. The average fleet age at the end of 1984 was about 2 to 3 years. 56. Design standards for buses are specified by Australian Design Rules (ADRs) and Consolidated Draft Regulations (CDRs), which are formulated by the Australian Transport Advisory Council (ATAC). ADRs are national mandatory standards for all new buses while CDRs are used by States and Territories as a model for their individual regulations. ADRs specify technically complex standards for safety features or for the control of motor vehicle emissions and noise. Laboratory procedures are required in order to test for compliance with ADRs. 57. It is felt that with some exceptions existing design standards provide a relatively high level of passenger protection, apart from a few deficiencies in the matters of seating, brakes, tyres and roll-over strength which will be discussed later in this chapter. 58. Some concern was raised during the Inquiry as to the standard of imported buses. It was claimed that some states will register these vehicles without a compliance plate and that many vehicles are falling short of current safety standards. All imported buses, including second hand vehicles, should meet current ADRs at the time of importation. It is essential that all imported buses are assessed for compliance with current ADRs before customs clearance and that compliance regulations be strictly enforced by the vehicle registration authorities. The Committee recommends that: the Minister for Industry, Technology and Commerce ensure that all imported trucks and buses, including second hand vehicles, meet current Australian Design Rules at the time of importation. Tyres 59. Tyres are vital to the safe operation of all road vehicles. It is essential that the use of sub-standard tyres does not jeopardise the safety of the vehicle. Tyres can be sub-standard because of poor manufacture or design, inappropriate*inappropiate use or simply wear and tear. 60. Adequate standards are needed for new vehicle tyres. At present there is no ADR for tyres on new heavy vehicles, including buses. The only tyre standards for buses are those set down in the CDRs, which specify only very general requirements. The need for an ADR for commercial vehicle tyres is currently under review. 61. The Road Safety Committee's 1977 Report on Heavy Vehicle Safety recommended that a program of research be implemented with a view to the drafting of an ADR on heavy vehicle tyres. The Government accepted this recommendation in broad principle but indicated that the Advisory Committee on Safety in Vehicle Design (ACSVD) had advised that because of the expense of research programs an analysis of truck accident data was needed to identify the problem areas before a research program could be recommended. It would appear that this long- term project has not been completed. 62. While ADRs can regulate tyres on new vehicles they cannot be used to ensure the quality of replacement tyres. Controlling replacement tyres, not only for buses but for all vehicles, is at least as important as a mandatory standard for original tyres. 63. The Federal Office of Road Safety supports the introduction of an ADR for tyres on heavy vehicles and a control mechanism for replacement tyres. Although the Committee is not aware of any deficiencies in new tyres for these vehicles it feels that to ensure performance characteristics of tyres an ADR is warranted. The Committee therefore reaffirms the conclusions from the Heavy Vehicle Report and recommends that: (a) the Minister for Transport seek the cooperation of the States and Territories through the Australian Transport Advisory Council to prepare standards in the form of an Australian Design Rule for heavy vehicle tyres. (b) the Minister for Transport and the Attorney-General ensure that all tyre standards in Australian Design Rules be incorporated in a Product Safety Standard under the Trade Practices Act. This latter recommendation would include car tyres as well as heavy vehicle tyres. 64. Ensuring the quality of new tyres through mandatory standards is administratively easier than the next step, which is ensuring that tyres are replaced when they become unserviceable through wear and tear. Heavy vehicle tyres should be safe when operated within their recommended service limitations. It has been suggested that the most effective way to avoid accidents due to tyre failure would be for regulatory authorities to ensure that vehicle users maintain and operate tyres according to the manufacturers' recommendations, particularly those standards recommended by the Australian Tyre and Rim Association. 65. One TWU witness claimed that replacing new tyres on vehicles with older, worn tyres is a common practice within the industry. He claimed that a "baldy back dual-wheel tyre would be put on the inside where it could not be seen". However, these claims were contradicted by several other drivers. One driver who had been employed by one company for 6.5 years and who drove about 9,000 kms a week, told the Committee that he had experienced only one blowout during this time. Other drivers said that the number of skids, flat tyres or blowouts that they had encountered during their driving careers had been minimal. One operator advised that only new tyres were fitted as replacement tyres as these were more economic than retreads. Although the Committee was provided with no evidence to support the views expressed by the TWU it is nevertheless concerned that replacement tyres are not regulated. 66. The Road Safety Committee's 1980 Report on Tyre Safety concluded that tyres are a causative factor in only a relatively small proportion of accidents in Australia, while at the same time commenting on the inadequacy of the available data. It was suggested that tyres may play a more important role in accidents than existing data generally suggest. 67. To ensure that sub-standard tyres are not being used on vehicles, and thereby reducing safety, it is important that there are mechanisms available to monitor the standards of tyres in use. This is only possible through inspection procedures. Random inspections are the most effective way of detecting the use of worn or otherwise substandard tyres. Tyres can become unserviceable between registration inspections. It is also possible that inspections at the time of vehicle registration may not detect such tyres as operators would have the opportunity of removing these tyres and replacing them with newer ones. Some witnesses claimed that such practices do in fact take place. If there is any truth to these allegations, a strong system of random inspections would detect those operators using unroadworthy tyres on vehicles. This is particularly necessary for commercial vehicles, such as coaches, travelling large distances between registration inspections. Brakes 68. Since July 1980 the braking of buses has been specified by ADR 35A, which is based largely on USA regulations. Buses first registered before 1980 may not comply with ADR 35A. However, a major review of heavy vehicle braking is currently being undertaken by VSAC, which is assessing the suitability of the latest Economic Commission for Europe (ECE) braking regulations for their adoption as the ADR for braking. 69. There have been significant developments in heavy vehicle braking systems in recent years. More sophisticated systems such as the anti-lock braking system (ABS) developed by Mercedes Benz have been shown to significantly improve the performance of heavy vehicles when braking. Road tests have shown that the ABS greatly increases vehicle control in all driving conditions and reduces stopping distances and skidding. The ABS and other developments in braking should be looked at closely in formulating a new ADR. 70. The Heavy Vehicle Safety Report in 1977 recommended that consideration should be given to making auxiliary braking a requirement on all buses which may be used on long distance touring. Although auxiliary braking for coaches has not been made mandatory, most coaches have some form of auxiliary braking fitted, such as an exhaust*exhuast brake. The Committee was told that there would not be many vehicles operating without such braking systems. 71. The NRFII similarly concluded that immediate attention be given to the fitting of auxiliary braking systems, further reinforcing the conclusion reached by the Heavy Vehicle Report in 1977. Requiring all buses to be fitted with auxiliary*auxilliary braking will not be a burden to the industry. Making auxiliary*auxilliary braking mandatory will require that they be kept in working order. 72. The Committee recommends that: the Minister for Transport seek the cooperation of the Australian Transport Advisory Council to give immediate consideration to making auxiliary braking systems mandatory for all heavy vehicles. Structural strength 73. In Australia there are no statutory requirements for the structural strength of the body and chassises*chasses of buses. The main reason for this appears to be the high cost which would be involved in determining a standard, which of course involves crash testing of vehicles. The roll-over strength of buses is receiving considerable attention in Europe, but as yet there is no clear definition of appropriate standards. Most witnesses agreed that Australia should await the conclusion of overseas research and the resulting requirements because of the very high cost which is involved in this research. 74. At present structural strength is determined basically by calculation and by a certain amount of rig testing. Although there is no crash testing, sections of vehicles are destroyed to enable the estimation of the general strength of a body as a complete body. 75. The Committee was told that Australian coaches are more strongly constructed than those in Europe because of the more damaging effects of many Australian roads on buses. It was stated that there is "no doubt that the roll-over strength of Australian buses would be better than those constructed in Europe". 76. Although the Committee does not question this statement, it is concerned that there are no standards or codes of practice in Australia to ensure that the roll-over strength of buses is adequate. While there is a need for a standard to be determined, the Committee realises that there would be problems in having a standard which was incompatible with those in other relevant countries or which requires impact testing for compliance. While any delay in the implementation of a suitable standard should be avoided, the Committee recognises the advantages of waiting for the European standard. However, it is also important that the standards developed overseas will be suited to the different conditions experienced by vehicles in Australia. The Committee recommends that: the Minister for Transport in cooperation with the Australian Transport Advisory Council: (a) monitor European developments on standards for bus roll-over strength to assess their suitability for adoption in Australia. (b) develop and implement as soon as possible an Australian Design Rule setting standards for bus roll-over strength. Seating 77. The importance of strong seat anchorages and seat structures in buses is self-evident, however, design deficiencies in this area have been noted by several witnesses. 78. The 1977 Heavy Vehicle Safety Report drew attention to the practice by which some bus seats are secured to the plywood floor with bolts which would pull out at a load of about 100kg. In a minor front-end accident it was alleged that all the seats in the bus would pull out from the floor. As well as not restraining passengers, the seat anchorage fittings would then be in a position*postition to cause injury to passengers. 79. A study on seating requirements revealed relatively low levels of energy absorption in the tests conducted on seats being fitted to Australian buses at that time. H05 2030 words An investigation of Tasmanian freight equalisation scheme assistance rates CHAPTER 7 PRINCIPAL FINDINGS, CONCLUSIONS AND RECOMMENDATIONS 1. The nature of this investigation was such that most of the fundamental evidence and other material provided to the Commission was confidential in a commercial sense. Many submittors sought directions prohibiting the publication of evidence submitted to the Commission and of matters contained in documents lodged with it, in accordance with the provisions of s. 12(2)(b) of the Inter-State Commission Act 1975 (Cth). All such applications were granted. Two consequences followed: first, the Commission is satisfied that the information it gained, and which was necessary to enable it to make relevant findings of fact, was more comprehensive than otherwise would have been the case; second, the Commission has not been able to make public certain facts which support its conclusions, and in some factual matters there is a resultant apparent lack of precision and clarity. Nevertheless, the Commission made the confidentiality directions because it was satisfied that it was desirable to do so in the public interest, irrespective of the effect on the overt comprehensiveness of its report. 2. As stated in Chapter 2, the Commission placed a strict interpretation on its terms of reference, which it considers are confined to a comparison between the existing level of the interstate freight cost disadvantage experienced by shippers of non-bulk goods between Tasmania and the mainland of Australia and the level of the disadvantage that prevailed when the new Tasmanian Freight Equalisation Scheme was introduced on 1 September 1985. In making this comparison, the Commission confined its investigation to an analysis of changes in freight charges. A number of submittors raised issues which were extraneous to the Commission's terms of reference as so interpreted: in public advertisements (see Appendix I) it was stated; `It [the Commission] will not be considering any policy, procedural or administrative changes to the scheme'. Some of the extraneous issues raised are mentioned in section 2.2 of this report, in which the Commission has emphasised that inadequate or inefficient methods of presenting cargoes for shipment are the responsibility of freight forwarders and shippers, who should not seek to rely on increased assistance payments as a solution to problems which are within their own ability to remedy. As recommended in its original report, the Commission considers that the establishment of a Tasmanian Association for Interstate Shippers is desirable in order to assist in the adoption of a coordinated approach to resolving the many problems that exist for coastal shipping services. 3. In Chapter 3 the Commission has re-stated in summary form the basic rationale of the Scheme which it recommended in its 1985 report. In particular, geographical factors such as the distance between the place of production or manufacture and the ultimate destination cannot in themselves justify assistance payments. Fundamental to the existing Scheme is the concept that the disadvantage `begins at a northern Tasmanian port' and `ends at Melbourne', and vice versa. The Commission also has re-stated, in section 3.3, the major factors which create the freight cost disadvantage. In Chapter 3 attention has been directed to the fact that this review is based solely on a comparison of relevant freight charges, on the assumption that there has not been any significant change in the underlying causes of the freight cost disadvantage. Such a course is obviously appropriate in the short term, but in the longer term it is likely that reappraisal of the fundamental basis of the Scheme will be necessary in the light of changes which are likely to occur, with differing consequences, in the three relevant transport modes: sea, road and rail. 4. Chapter 4 contains a summary of the operation of the revised Tasmanian Freight Equalisation Scheme. In the first ten months of the current financial year payments made under the old Scheme and the new Scheme totalled $21.12 million. There have, however, been some delays in the payment of claims, due primarily to lack of familiarity on the part of claimants and Department of Transport staff with the new documentation and administrative procedures which became operative from 1 September 1985. In section 4.3, there is a discussion of the practical result of the application of discounting of payments to large shippers, which was recommended by the Commission in its March 1985 report. The Department of Transport has estimated that the discounts will total approximately $1.5 million in 1985-86. The discounting system is also referred to in section 2.2 of this report. 5. In Chapter 5 are described the changes that have taken place in Bass Strait shipping services since January 1985. Without doubt, there is excess ship capacity at all ports. Evidence presented to the Commission revealed a great variation in estimates of the extent of this excess capacity. The Commission considers that the most appropriate basis for such estimates is physical operational capacity, and it has concluded that on such a basis the extent of excess capacity is approximately 30-40 per cent. 6. In Chapter 6, the Commission presents its findings as a result of its investigation of sea freight charges for shipments across Bass Strait and mainland road and rail freight charges in the period March 1985 to March 1986. The Commission found that actual sea freight charges paid did not change significantly between March 1985 and March 1986, except in the case of trailers and pantechnicons, for which there was an average decrease of 25 per cent. Estimates of increases in interstate road freight charges varied between 3.9 and 7 per cent. In the case of rail freight, estimates of increases in charges varied between 9 and 15.5 per cent, with an average of 10.5 per cent. 7. The Commission is in no doubt that when the changes in Bass Strait shipping services occurred (see Chapter 5), there was a general expectation that the competition thereby engendered would result in significant decreases in Bass Strait shipping charges. It has been established that these expectations have not been realised, at least at this stage. Clear evidence exists of a loss of trade as between some shipping operators and, because of excess capacity (see section 5.3), a situation could soon arise in which a service will be curtailed or withdrawn. There was strong consensus among the principal witnesses that at this stage it would be premature to make any judgment about the levels of freight charges because there has not been sufficient time for a clear picture to emerge following the recent changes in services. The Commission is satisfied that this is a correct assessment. In most cases, published freight charge schedules are of little relevance because their application is minimal. But one operator said such schedules are a benchmark, and that `there are many people who do pay the rates that are published in the tariff'. By contrast, a witness for another shipping operator said his company did not publicly issue a schedule of freight charges. The operations manager of Union Bulkships said it would be `extremely difficult' to estimate the difference between published charges and so-called special charges. His evidence was as follows: ... prior to 24 February [1986] it probably would not have been more than about 5 per cent, and that was the last freight increase. Since our last freight increase we have not been able to gain all the increases we sought and, in fact, in some instances we have had to reduce rates to combat prices that have been put in by the opposition. In fact, at the moment it would be fair to say that the trade in Tasmania is in a state of flux as regards rate structures ... On that special schedule you will notice that there are a number of rates which we are still in the process of negotiating with shippers because there is a situation at the moment where the trade is over-tonnaged and people are taking advantage of that over-tonnaging situation to resist freight increases, which is probably the simplest way of saying it. The evidence reveals that an unusual situation has developed in Bass Strait services, whereby in most cases there is specific negotiation of freight charges, either on an ad hoc basis or, especially in the case of large shippers, by formal agreement. Some witnesses described the situation in Bass Strait as a `price war', but this was doubted by other witnesses. One feature of current competition in the market is that evidence has been given to the Commission of effective shipper resistance to announced increases in freight charges; further, there is evidence that in many cases charges are being contained, even where costs have risen, apparently to avoid loss of trade to a competitor. A number of witnesses used the words `fluidity' and `instability' to describe the current structure of freight charges. Most witnesses were of the opinion that an appropriate time for a further investigation of the levels of freight charges would be towards the end of 1987. The Commission agrees with this view. By that time, two significant events will have occurred. First, on 15 February 1985 the Transport Commission of Tasmania entered into an agreement with Brambles Holdings Limited. The preamble of this agreement was as follows: A. the Commission has for some time been operating the vessel M.V. "Straitsman" in connection with the conduct of shipping services between places within Tasmania and between Tasmania and other parts of the Commonwealth; B. Brambles desire to operate a cargo vessel in the provision of shipping services between Victoria and Tasmania and has purchased a vessel for that purpose with a view to assessing the requirements for the ultimate replacement of the M.V. "Straitsman"; C. the Commission and Brambles have agreed to associate themselves in the provision of a Joint Bass Strait Cargo Shipping Operation serving Victoria, King Island and Tasmania using initially M.V. "Straitsman" and a vessel to be provided by Brambles. The agreement was for an initial term of two years from the `commencement date', which is defined as `the date upon which the Brambles vessel actually sails upon its first voyage...'. This date was 1 July 1985. Paragraph 2.3 of the agreement makes the following provision: This Agreement shall be for an initial term of two years from the commencement date and may be terminated at the expiration of such term by either party giving to the other at least 6 months written notice in advance of its intention to do so. If not so terminated this Agreement shall continue in force after the initial term until such time as either party gives to the other six months notice in writing. Paragraph 11.1 of the agreement is in the following terms: The Parties AGREE that prior to the expiration of one year from the Commencement Date they will evaluate and consult one with the other regarding the continuation of the Operation and the continuing use of the Vessels or their replacement with the aim of ensuring that any replacement arrangements provide for the continuation of a regular and scheduled cargo shipping service to the Port of Grassy. The Commission understands that the review contemplated by paragraph 11.1 of the agreement has commenced, although not on a formal basis. It will include options for the future of the Straitsman, but decisions are not likely to be publicly announced before 30 June 1987. For a considerable time there has been doubt whether it was nautically practicable for the Challenger B, the vessel used by Brambles on the Burnie-Melbourne service, to trade to King Island. In evidence to the Commission, the general manager of Brambles Shipping Division stated unequivocally that, after lengthy investigation, it had been decided to make no attempt to use the Challenger B for the King Island service. The second significant event which will occur in a little more than one year is, so the Commission understands, the negotiation of new contracts by a major shipper. The results of such negotiations may well change the attitudes of some shipping operators to the economics of continuing their services. Firm evidence was given by some witnesses that if, for example, one vessel was withdrawn from the Bass Strait service, the likely result would be an increase in freight charges because of a reduced level of competition. H06 2017 words Gone with the winds: inquiry into meteorological services report from the House of Representatives standing committee on expenditure CHAPTER TWO BACKGROUND 2.1 It is necessary both to understand the respective roles played by the Department of Aviation (DofA) and the Bureau of Meteorology (BofM) in the provision of meteorological services to the aviation industry and to obtain an historical perspective on developments leading to the need for this inquiry. Department of Aviation and the Bureau of Meteorology Working Arrangements 2.2 The Secretary to the DofA has the legal responsibility under the Air Navigation Regulations Section 98 (1), to determine the meteorological services which are necessary `to ensure the safe, economic and regular operation of aircraft' in Australia. 2.3 The Meteorology Act 1955 paragraph 6(2)(b), states that `The Bureau shall perform its functions under the Act in the public interest generally and in particular - for the purposes... of civil aviation'. In addition, paragraph 8 of the Act provides that `the Director of the Bureau may, subject to any directions of the Minister, make charges for forecasts, information, advice ... supplied in pursuance of the Act.' 2.4 In practice the DofA specifies the requirements for meteorological services and the BofM provides the major part of these services and subsequently charges the Department. `These costs are, in turn, incorporated by the Department in air navigation charges which are levied on the aviation industry'. Meteorological charges are formalised in an agreement between the Bureau and the Department entitled `Working Arrangements for the Provision of Meteorological Services and Facilities for Civil Aviation'. 2.5 The Bureau has been providing meteorological services for civil aviation for the past 40 years. During this period both the funding arrangements and the charging philosophy have been altered. In the years 1952 to 1979 the Department of Aviation (or its predecessors - the Department of Transport and the Department of Civil Aviation) contributed fixed percentages of total Bureau expenditure on both salaries and also general expenses. 2.6 The 1976 Report of the Committee of Inquiry into the Bureau of Meteorology, the Howson Report, recommended that: `The provision of any additional service e.g. to civil aviation and the armed forces, should be subject to a charge aimed at recovering the marginal cost of providing the extra service and associated overheads....'. 2.7 Section 7 of the 1979 Working Arrangements sets out the agreed charging principles and a charging formula. The charging principles are summarised in Appendix VI. It should be noted that whilst the Howson Report refers to marginal costs the Working Arrangements use the slightly different terminology, directly attributable costs `...officers directly involved in the provision of the service'. Cost Recovery in the Department of Aviation 2.8 Successive Australian Governments have endeavoured to recover from the aviation industry the cost of the services provided directly in support of civil aviation. The amounts involved are considerable, for example, of the Department of Aviation's budget for 1984-85, $471.5M was assessed as being attributable (recoverable) costs. Revenue for the same period was $282.9M comprising air navigation charges of $134.7M, aviation fuel tax of $81.4M, and rents, concessions etc. of $66.8M. 2.9 Overall this represents a cost recovery rate of some 60 per cent. The balance of $188.6M was paid from consolidated revenue. In an attempt to increase departmental efficiency, the Secretary to the Department of Aviation, in November 1983, announced a target of an average 2 per cent per annum reduction in real costs for the three years commencing July 1984. The Bosch Report and Meteorological Services 2.10 The Bosch Committee was appointed by the Minister for Aviation early in 1984 to inquire into all matters relating to aviation cost recovery. It reported to the Minister in November 1984. Among the Inquiry's recommendations dealing with opportunities for reducing costs was Recommendation (R59) which states: `The Department should include (in its planning) as a specific objective the increase of at least 9 per cent in productivity over a ten year period. This would be in addition to the 2 per cent per annum reduction in real attributable costs over three years to which the Department is already committed'. 2.11 On 14 August 1985, following wide consultation, the Minister for Aviation, the Hon Peter Morris, M.P., announced that the Government had agreed to the adoption of the Bosch Strategy. 2.12 The Bosch Report made six recommendations concerning meteorological services as follows: • Meteorological costs should continue to be attributed to the industry.(R19) • Formal consultative arrangements should be established between the Department of Aviation, operators and the Bureau of Meteorology to ensure that the meteorology services supplied to the industry are provided at the required standard, that costs are kept within reasonable bounds, and that the development of the Bureau's investment program takes into account the concerns of the aviation industry.(R20) • The basis for charges levied against the aviation industry for meteorological services should continue to be the incremental cost associated with providing the services.(R21) • The Bureau of Meteorology should complete as soon as possible the study into development of a comprehensive costing system which would enable the identification of incremental costs.(R22) • The Bureau of Meteorology should identify each of the services provided and the fees charged for them in its accounts to the Department of Aviation.(R23) • The Bureau of Meteorology should negotiate with operators supplying meteorological data to agree on the costs involved and whether they warrant development of a system for paying for the data.(R24) 2.13 In addition the Report also briefly addressed the current provisions for charging for meteorological services and stated: `The intention of the charging principles is to charge the increment cost of providing aviation meteorological services. Not all the principles are strictly in accord with this intent'. Cost Reductions - the Basis of the Decision to Close Weather Service Offices 2.14 As noted above the Secretary to the Department of Aviation had taken the initiative to anticipate the Bosch findings through measures designed to improve the cost effectiveness of his Department. This decision has been subsumed by the subsequent decision of the Government to accept the Bosch Report strategy and to proceed with its implementation. 2.15 As part of the Department's effort to implement the Secretary's decision, DofA decided to extend the containment of costs to include the provision of meteorological services to aviation. 2.16 Because of the nature of the Working Arrangements, it proved difficult for the Bureau to determine how a general `across the board' expenditure cut could be implemented. Following protracted DofA and Bureau discussions, the Bureau issued a Staff Notice on the 23 July 1985 foreshadowing the possible closure of ten (originally nine) Weather Service Offices (WSOs) over a three year period. 2.17 The proposed closures resulted in public protest from a range of community interests including the general public, farmers, fishermen, industry, port authorities and the media as well as the aviation industry and in particular, general aviation. Most of the communities affected were remote from the major capital cities. 2.18 It is important to note that the existing Working Arrangements provide under Principle 3 for the `Cost of shared services or facilities to be allocated on a proportional basis, taking account of the relative usage of the services or facilities.' Under these arrangements therefore, it is little wonder that the Department of Aviation is seeking a review of the charges. There is ample evidence to support the claim that there is a significant component of non-aviation weather services provided by the provincial WSOs which are currently totally billed to the Department of Aviation. 2.19 The Bureau has stated that the DofA did not formally advise the Bureau that it did not wish to meet the full costs of aviation meteorological services in 1984/85 until January 1985. Accordingly a shortfall of approximately $1M in the Bureau's 1985/86 estimated revenue from charges for aviation services exists. 2.20 The Bureau issued a Staff Notice concerning the proposed WSO closures on 23 July 1985. Since this Staff Notice a number of DofA and Bureau meetings have been held, some of which have included staff associations and aviation industry representatives. As the proposed closures had a significant impact on the provision of non-aviation services, on 28 November 1985, the Ministers for Science and Aviation jointly referred the issue to this Committee. CHAPTER 3 EFFECTS OF THE PROPOSALS The Direct Effect on Weather Service Offices 3.1 The Bureau currently operates 28 Weather Service Offices Australia wide. The direct effect of the proposals is the closure of ten of these Offices. Details of current status and proposed changes are included in Tables 3.1 and 3.2. Timetables for the implementation of the closures are presented in Appendix VIII. 3.2 The locations are Alice Springs, Cairns, Canberra, Hobart, Launceston, Mt Isa, Port Hedland, Rockhampton, Tamworth and also Essendon where services are provided from the Melbourne Airport WSO on a shift rotation basis. 3.3 Weather Service Offices form part of the three-tiered operational organisation of the Bureau. The three tiers comprise: • the National Meteorological Centre (NMC) in Melbourne and the Regional Meteorological Centre (RMC) in Darwin providing broadscale forecast and guidance material for the whole Australian area of responsibility: • the eight Regional Forecasting Centres (RFCs), one of which is located in each State or Territory Regional Office with responsibility for weather services in their individual areas of responsibility. In addition Townsville is an RFC for aviation purposes. The RFCs act as warning centres with official Tropical Cyclone Warning Centres being located in Perth, Brisbane and Darwin. In addition they are `parent offices' for the WSOs and Observing Offices in their regions; and • Field Offices including 28 major Weather Service Offices and 50 official Observing Offices. The WSOs are located at Civil (17), Defence (8) and Joint User (3) airports. 3.4 The Observing Offices form part of the Bureau's basic surface and upper air observing network. As part of their duties, most provide routine (hourly) and special (half-hourly) Aerodrome Weather Reports (AWRs), or observations, specifically for aviation and many are collocated*colocated with WSOs. The offices are staffed by Bureau trained observers who are represented by the Professional Radio and Electronics Institute of Australasia (PREIA). 3.5 The Weather Service Offices are staffed by Technical Officers (Meteorology), in general recruited from the observer ranks, who are members of the Association of Draughting, Supervisory and Technical Employees (ADSTE). 3.6 The Bureau of Meteorology states that the WSOs were originally established to provide services for aviation. Their functions, as defined by the Bureau, can be formally summarised as follows: • maintaining meteorological watch for the locality of the office and providing input and feedback to RFC terminal forecasts and amendments for the local airport; • preparing trend type forecasts for the local airport (where applicable); • deriving forecasts for particular air routes from area forecasts received from the National Meteorological Centre or a parent RFC; • compiling and presenting flight documentation to aircrew; • distribution and interpretation of relevant public weather forecasts and warnings originated by the parent RFC; and • acting as a point of liaison for local organisations. 3.7 From the DofA viewpoint, the major function of the WSOs as defined in the Working Arrangements, is the provision of face to face and/or telephone briefing to aircrew and Departmental operations personnel to enable clarification and elaboration of forecasts, warnings and the current meteorological situation. Other functions include the distribution of flight documentation, the provision of trend type forecasts and a terminal area thunderstorm service where appropriate. In addition there is a stated requirement for the provision of Aerodrome Weather Reports. 3.8 It is obvious that one of the underlying reasons for this inquiry has been the different interpretation of the functions of the ten WSOs concerned. On the one hand the Department has seen the offices as primarily providing a briefing service; the Bureau on the other hand has, in practice, implemented a far broader definition extending to the distribution and interpretation of public weather forecasts and a much wider weather watch function. 3.9 In the course of this inquiry the Committee visited all ten WSOs proposed for closure. At three locations - Hobart, Canberra Civil and Essendon the volume of public weather services provided was obviously low and the functions were primarily for aviation. H07 2014 WORDS Commonwealth Department of Health - Australia's response to Aids By Margaret Duckett NEW SOUTH WALES < /h> A. INTRODUCTION New South Wales has been the epicentre of the AIDS epidemic in Australia, with 70% of the cases and an incidence of infectivity of 33.1 per million of population. The Albion Street Centre was established in early 1985 and remains the only clinic in Australia directed exclusively to AIDS. Other services have been expanded to meet the need, however the situation is still critical. A number of innovative and effective education programs have been developed to address the issues posed by AIDS. B. CO-ORDINATION AND ADVICE The New South Wales Department of Health has established three committees to provide advice on matters related to AIDS. i) The AIDS Medical and Scientific Committee provides advice on matters relevant to the identification, diagnosis and treatment of persons infected by the AIDS virus. This Committee has a membership providing expertise in areas including public health, immunology, venereology, virology, oncology and haematology. ii) The AIDS Education Committee focusses on the establishment of appropriate educational strategies. Committee members provide expertise in health education and public health. iii) The AIDS Liaison Committee provides a mechanism for consultation with community groups. This Committee includes representatives of the Albion Street Centre, the Health Media and Education Centre, the Australian Prostitutes Collective, the AIDS Council of NSW, the AIDS Drug Information Collective, the NSW Venereology Society and the NSW Nurses Association. Two working parties and two interdepartmental committees have also been formed to provide co-ordination and advice. A working party assessing educational material on intravenous drug use and AIDS has been created and issues relating to hospice care are being explored by a second working party. An interdepartmental committee on housing for clients infected with the AIDS virus has been established. Members include representatives of the Departments of Health, Youth and Community Services, Housing and the Bobby Goldsmith Foundation. The Committee has developed policies and procedures in relation to the availability and use of special housing. A second interdepartmental committee provides advice on issues related to school children infected with the AIDS virus. Members include representatives of the Departments of Health, Youth and Community Services, and Education. C. FUNDING Since 1984, New South Wales has received an allocation for AIDS related areas from both State and Federal Governments of $11,331,000. This level of funding has enabled the establishment and development of a number of programs including educational strategies, laboratory diagnostic services, outpatient services, blood bank screening, counselling and nursing. i) Education a) General The NSW Department of Health has developed a number of educational programs in regard to AIDS. Intensive courses of seven days duration have been conducted for health, welfare and education personnel responsible for the provision of education regarding AIDS. The courses have been designed to provide accurate, authoritative and useful information about AIDS, to explore issues associated with AIDS, and to stimulate the further development of educational activities. Seminars and workshops have also been designed to meet particular needs of various professional groups including health care workers, health educators, drug and alcohol agency staff, counsellors, and youth services personnel. A video and associated discussion booklet has been developed to assist with providing the general community with accurate information on AIDS and its implications. A statewide information line has been established to provide information on AIDS, its symptoms and transmission, and on referral agencies for further information. The usage of this service currently stands at 5,700 calls per month. b) Youth The NSW Health Department has initiated an Adolescents and AIDS Project. This special project has surveyed youth services in NSW to assess requirements in relation to education and resources. Training and information seminars have been provided for youth and welfare workers from a range of services, and extensive literature distribution has been arranged. A resource manual for use by youth workers and educators of adolescents has been developed. A special health education project directed to youth and presented in comic form has been prepared by Streetwize Comics. The comics have been well received by young people and will be utilised in a series of seminars directed to youth workers. A special outreach program for young people is conducted by the Albion Street Centre. A nurse and a counsellor in a mobile screening unit visit particular areas in the inner city to provide education, support, counselling and an AIDS virus antibody screening service. c) Multicultural Ethnic media outlets have been utilised in an information campaign about AIDS and STDs for people of non-English speaking backgrounds. In addition, seminars for ethnic health care workers have been provided. A pamphlet on AIDS has been translated into nine community languages and full page information advertisements have been placed in 17 community language newspapers. Key community organisations, migrant health staff and medical practitioners have also received relevant information. The campaign has been promoted on SBS Television and ethnic community radio. Ethnic Line, a telephone referral service for people of non-English speaking background, has reported that there has been a strong community response to the campaign. d) Prostitutes The Australian Prostitutes Collective has received funding from the NSW and Federal Departments of Health to provide preventative education regarding AIDS and other STDs. Three field officers conduct outreach visits, present fortnightly information seminars and prepare educational material specifically directed to the target groups. A counselling service is also provided. The STD Clinics and a new special clinic in Kings Cross provide a health service including education on AIDS. It would appear that most brothels and agencies have installed condom vending machines and a majority of prostitutes require condom use by their clients. e) Intravenous drug users Strategies in relation to intravenous drug users have focussed on providing education and support for AIDS infected clients through existing drug treatment services. The majority of staff in government and non government agencies have attended educational seminars and workshops to ensure that they have the necessary information and skills to educate and counsel clients about AIDS issues. Direct education to intravenous drug users has also been provided through outreach programs and contact tracing. The AIDS Drug Information Collective has been particularly involved in the development and promotion of these outreach programmes. A specialised poster and pamphlet directed towards intravenous drug users has been developed and distributed to appropriate venues. Issues related to the availability of needles and syringes are under consideration. f) Regional activities The Department of Health has conducted intensive courses in the larger regional centres for health, welfare and education personnel. Seminars and meetings with members of the general community and particular professional groups such as pharmacists have also been facilitated. ii) Counselling A range of counselling services is provided by a number of centres. Clients have access to personal counselling by medical practitioners, experienced social workers, psychologists or trained volunteers as appropriate. Support groups for a range of AIDS affected people have been established to provide both information and therapy. Material is made available on the AIDS virus, health strategies, ways to reduce stress, and other relevant information. iii) Services A State Reference Laboratory has been established at St Vincents Hospital to undertake confirmatory tests on any seropositive cases. The ICPMR unit at Westmead Hospital is designated as the State Reference Laboratory for AIDS virology. Specialist outpatient services have been established at the Albion Street Centre, the STD Clinics, and the major teaching hospitals. These services have specialised staff and facilities to provide reliable and complete medical information in addition to pastoral, psychiatric and social counselling. The Albion Street Centre in particular provides intensive medical management and support services. A number of special units are available for patients requiring hospitalisation. St Vincents Hospital has six beds available, Prince of Wales/Prince Henry fourteen beds, Newcastle four beds, and Prince Alfred four beds. In addition, most of the teaching hospitals have also accommodated patients infected with the AIDS virus. Five hospice beds are also available. Most agencies providing services to intravenous drug users have developed policies and procedures in regard to AIDS. Clients who are AIDS virus antibody positive have priority in access to the methadone program. D. LEGAL ISSUES There are a number of legislative enactments which make specific provisions or have relevance in regard to AIDS. i) Notification The Venereal Diseases Act was amended in August 1984 to provide that Category A and B AIDS were notifiable on a compulsory basis. The Public Health Act 1902 was amended in November 1985 and Regulations under this Act gazetted on 14 April 1986 to deem AIDS (Category A, B or C) as a proclaimed disease under the Act; require medical practitioners*practioners to notify the Secretary of the NSW Department of Health of cases (by code), penalty $1000, and create an offence if a person who knows he/she has a proclaimed disease has sexual intercourse with another person without the prior informed consent of the other person, penalty $5,000. Records of the Commonwealth Department of Health would indicate that this provision and the provision subsequently enacted in Queensland appear to be the only legislation worldwide which seeks to regulate the sexual conduct of people with AIDS or related conditions. The Act also includes clauses providing penalties for unnecessary disclosure of the identity of persons having proclaimed diseases, penalty $2000. The legislation also regulates the activities of medical practitioners and laboratories in regard to notification of the disease, maintenance of records, confidentiality and provision of information to patients. ii) Donation of blood and tissue The enactment of the Human Tissue (Amendment) Act in May 1985 provided that blood and semen may not be received for transfusion or artificial insemination unless a prescribed certificate is signed relating to the medical suitability of the donor. The certificate is not required if the specimen is to be used for research purposes only or for sole treatment of the donor. A person who knowingly signs a false or misleading statement may be liable for a penalty of $5000 or imprisonment for one year, or both. iii) Legislation a) The Public Health (Skin Penetration) Regulation 1985 regulates activities which involve penetration of the skin or tissue, including acupuncture, chiropody, podiatry, tattooing. b) The Occupational Health and Safety Act, 1983, regulates health and safety in the workplace. A number of organisations have adopted occupational health and safety policies and procedures which have positive implications in regard to AIDS, in recognition of their responsibilities under the Act. c) The Anti-Discrimination Act 1977 makes it unlawful to discriminate on the grounds of sex, race, marital status, homosexuality, and physical or intellectual disability in the areas of employment, state education, obtaining goods and services, accommodation, registered clubs and trade unions. The Anti-Discrimination Board investigates and attempts to conciliate complaints of discrimination in areas covered by the Act. If conciliation can not be achieved, complaints may be referred to the Equal Opportunity Tribunal for judicial determination. To date, the Board has received approximately 15 complaints which were directly AIDS related, in addition to those other complaints on grounds such as homosexuality which may have had some AIDS related causes. E. DEPARTMENTAL RESPONSES i) Department of Health The Department of Health has established an AIDS/STD policy unit with a full-time staff of four, and an AIDS education unit with a full-time staff of five. The policy unit has responsibility for evaluating all government and community AIDS projects and assessing the funding necessary for these initiatives. In addition, officers undertake liaison with a range of agencies. The activities of the education unit have been directed towards health care personnel, members of high risk groups, youth workers, personnel responsible for the provision of education, and to the general community. Resource material has been developed and extensive literature distribution arranged. ii) Department of Corrective Services The Department of Corrective Services has adopted a number of policies and procedures in response to the issues posed by AIDS. In January 1985 an AIDS Advisory Committee was formed with representation from relevent departmental divisions, the Prison Medical Service, the then Health Commission and the Public Service Association. AIDS groups were established during late 1985 in most corrective service institutions throughout the state to facilitate education for prisoners and staff. H08 2020 words Human embryo experimentation in Australia: Senate Select Committee on the Human Embryo Experimentation Bill 1985 CHAPTER FOUR A NATIONAL APPROACH 4.1 The Committee next considers how the major recommendation it makes might best be assured practical application within the Australian community and especially how it might effectively require the adherence of those undertaking biomedical research. It is necessary to describe briefly the current manner in which any guidelines in this area are promulgated and applied. 4.2 At the national level, a government approved, non- statutory regulatory code, issued by the NH&MRC, is administered by its Medical Research Ethics Committee (MREC) which was formally established in 1982. The guidelines are contained in the `NH&MRC Statement on Human Experimentation and Supplementary Notes' 1985. 4.3 These guidelines, which have been formally approved by the Minister for Health, state that all medical research should be approved by an IEC constituted and functioning according to the NH&MRC revised Supplementary Note 1. However, the NH&MRC cannot insist that institutions undertaking medical research have an IEC, except where it funds that research. Further, non-compliance with guidelines can only be penalised by withdrawal of funding. Equally it does not have the power to oversee IEC's without State acquiescence because jurisdiction over medical practice and research is a State matter. 4.4 Thus in Australia a voluntary system of regulation of medical research operates with some national oversight. In practice it would seem that ethics committees have been set up in most institutions to consider research and to approve or refuse research protocols submitted to them. It would also seem that the NH&MRC guidelines in this area are adhered to. 4.5 However, it must be noted that these guidelines give very considerable scope to IECs to determine which preimplantation-stage embryos might be subject to either basic category of experimentation. Thus one IEC may consider unethical the creation of embryos simply for the purpose of non-therapeutic experimentation whilst deeming ethical such experimental use of surplus embryos. Another IEC may permit both, another may sanction neither. Again, the type of experimentation to be undertaken is entirely left in the hands of an IEC. 4.6 In recent years the MREC, with approval and funding from the NH&MRC, has conducted audits of IVF clinics in Australia. These audits have been carried out on the basis of voluntary acceptance by each institution of an invitation by the MREC to participate in its review. Twelve centres had been visited as of 31 December 1985 and, in the words of the MREC, the response had been `uniformly cooperative'. In conducting these audits the MREC has examined such matters as the presence and constitution of IECs, the review of protocols by IECs, the type of projects undertaken involving human embryos, and the maintenance of registers of statistics on IVF procedures and the fate of embryos created through IVF. 4.7 Much of the general adherence to the NH&MRC guidelines is due to to the work of the Fertility Society of Australia, a society of medical practitioners in the area of IVF, which has produced a set of standards for self-regulation of IVF practice (`Programme Standards for Infertility Units using In Vitro Fertilisation (IVF) and Related Technologies Involving Egg and Embryo Collection and Transfer including Gamete Intra Fallopian Transfer (GIFT).') Standard 16 of the guidelines reads: Any experimentation involving fertilization or embryos must be signed by the governing or associated institution Ethics Committee and confined to ethical guidelines established by the NH&MRC and appropriate State Government. Units which agree to abide by these standards are accredited by the Society. 4.8 The Victorian Government has legislated to regulate procedures associated with reproductive technology with the Infertility (Medical Procedures) Act 1984. The majority of the Act has yet to be proclaimed but it specifically prohibits a number of experiments involving embryos while vesting considerable power in a Standing Review and Advisory Committee. Under s. 6(3) a person is prohibited from carrying out an `experimental procedure' unless it has been approved by the Committee. An `experimental procedure' is defined in s. 6(4) as: ... a procedure that involves carrying out research on an embryo of a kind that would cause damage to the embryo, would make the embryo unfit for implantation or would reduce the prospects of a pregnancy resulting from the implantation of the embryo. 4.9 In addition, cloning and fertilising human gametes with non-human gametes are `prohibited procedures' under s. 6(1) of the Act and these latter prohibitions may not be overridden. Although the Act has yet to be substantially proclaimed, clinicians and research scientists in Victoria have undertaken to abide by its general principles. 4.10 Several witnesses strongly supported the system of IECs. Thus, Dr James Cummins, Secretary of the Australian Society for Reproductive Biology, stated: `... I would prefer to see a system of institutional ethics committees deciding these matters at the coal-face, so to speak'. The relative autonomy of IECs with their voluntary adherence to the NH&MRC guidelines, allowing a very varied range of experimental procedures to be permitted in various institutions, was claimed by some witnesses to be a good thing in that it allowed local community mores, or ethical stances peculiar to that institution, to be observed. Of course, put another way, this also allows for bias in the selection by the institution of members of IECs so as to ensure a particular approach is adopted. It may be desirable for a member (nominated by either State or*of Federal government) to be appointed to each IEC. 4.11 As pointed out in the Asche Committee Report: This "honour system" of regulating research into reproductive technology has worried people like Professor Louis Waller, chairman of the Victorian Committee, who in 1984 expressed his concern that: "an honour system can work only where people are honourable. Is honour enough? My feeling is that it is not." (Melbourne "Age", 28.6.84). Professor Waller also indicated his belief that medical research should be controlled by legislation. 4.12 The question of honour is specifically relevant to the commercialisation of IVF techniques. The commercialisation of research and consequent provision of funding independent of the NH&MRC can lead to a situation where there is no pressure to require adherence to such guidelines as may exist. In this situation, for such guidelines to have force, some legally enforceable adherence to them must be achieved. 4.13 Evidence was put to the Committee favouring a consistent nationwide approach. As stated by Dr John Kerin, who was then Head of the Reproductive Medicine Unit of the Queen Elizabeth Hospital in Adelaide: Right from the beginning our group and many other groups in Australia would have preferred that a national body were set up to look at terms of reference, with recommendations preferably on legislation as to what IVF programs should be doing. I think this was echoed by Justice Kirby to me and to other people publicly some four years ago - that it would be better to have a national expert body looking at these new advances rather than a State to State situation because what we are getting now, unless I am wrong, is that we will have different rules, say, in Victoria, and different rules in South Australia; that makes a mockery of the situation and we lose credibility. There is confusion amongst the infertile couples. They go to one State for one form of treatment and they come here for another. It causes a lot of confusion and a loss of credibility and I would firmly support a national expert approach rather than a State to State approach. 4.14 Professor Roger Short, representing the Academy of Science in evidence before the Committee stated: The Academy's view would be to plead with this Committee to set up Federal as opposed to State legislation. It is really going to make chaos if we have differing State legislation within differing States and it would just make a nonsense of the law. This is a very good instance of an occasion when one needs some strong, central, Federal guidance on this issue, because it is of great concern to a large number of people. 4.15 Backing for a nation-wide approach may be given by the Parliaments at the national and/or State levels. Thus Professor Richard Lovell, chairman of the MREC stated in evidence: We believe there ought to be a national overview. We believe that so far we have given the national overview of the ethical headlines, and we believe that where muscle is needed the State governments ought to be asked to acknowledge these national guidelines, or the whole of supplementary note 4, in other words. We believe that State governments should be prompted to identify, if they have not already done so, every institution in which IVF is developed and to make it perhaps a condition of an institution's registration that it comply with national guidelines. Mr Ian Johnston, chairman of the Reproductive Biology Unit of Royal Women's Hospital in Melbourne, expressed the opinion that some sort of State licensing system incorporating the NH&MRC guidelines would be appropriate. 4.16 Dr Aileen Connon, who co-chaired the South Australian Working Party on In Vitro Fertilisation and Artificial Insemination by Donor, stated in evidence to the Committee: I believe that, in terms of controls, guidelines for research in IVF such as the NHMRC ones, have served a useful purpose, but they are no longer sufficient. I believe that licensing of programs is essential. I do not think hospital ethics committees are effective in controlling potential program development in the future. I believe that, as Warnock has said, breaches of licensing regulations - if they ever come in - should be indictable offences. I think independent regulatory or monitoring committees should exist in each State. 4.17 The Committee does not consider that the present system of IECs, giving voluntary adherence to nationally promulgated guidelines, is adequate. It is highly desirable that the whole Australian community observe uniform ethical standards in a matter as crucial as human embryo experimentation. The Asche Committee Report emphasises `... that the social, moral, legal and ethical questions involved in the area of reproductive technology are not confined within State boundaries. They are national issues which should be addressed at a national level.' 4.18 This can be achieved by a co-operative approach between the Federal and State legislatures and governments. The Committee is aware of the very short, direct reach of Commonwealth Constitutional power in this area. In fact, the Victorian State Government in a written submission stated: ... Victoria feels considerable concern that the Bill attempts the exercise by the Commonwealth of a power where the States have power to legislate, that of the regulation of medical practice and research. Lacking direct power to regulate these matters, the Commonwealth has to have recourse to indirect means of control which only partially cover the area. This is of concern given that the State has already legislated comprehensively. The inevitably patchy coverage of the area by the proposed Commonwealth legislation adds to, rather than resolves, the problems raised by IVF and associated matters. 4.19 The Committee is concerned to ensure that the fullest discussion with the States on its recommendations takes place and indeed it regards its receipt of the submission from the Victorian Government as indicating that dialogue is regarded as essential. 4.20 The Australian Federal system has displayed great ingenuity in successfully managing to achieve desired results despite the apparent constitutional difficulties created by the distribution of legislative powers. 4.21 In addition to simply uniform legislation whereby each unit in the Federation passes a law achieving the same legal result, but confined to matters falling within its constitutional competence, other devices have been used. Thus State criminal and civil law can apply in `a Commonwealth place' within a State. Again, companies and securities legislation passed by the Commonwealth Parliament, after approval by the Ministerial Council, comprising Federal and State Attorneys-General*Atorneys-General, automatically applies to entities and transactions subject only to State law. The Committee is confident that a system can be devised which allows the one set of ethical principles to apply by force of law to biomedical experimentation in Australia. 4.22 The Committee favours a national system of accreditation of those institutions within which experimentation on human embryos might take place. H09 2000 words Indigenous resource rights and mining companies in North America and Australia By Stuart McGill and G J Crough CHAPTER 4 THE NORTHERN AMERICAN LINKS OF THE AUSTRALIAN MINING INDUSTRY COUNCIL MEMBERS Choice of the North American Contrast The basic object of the research summarised in this Chapter is to ascertain which of those corporate groups that are members of the Australian Mining Industry Council (AMIC) have dealings with indigenous people in both North America and Australia. The comparison between indigenous people in North America and Australia has been drawn because the historical and contemporary situation of the indigenous minorities in North America closely resembles that of Aboriginal Australians. It should be noted however that there are many other locations where transnational mining companies have extensive experience in dealing with indigenous people, either as indigenous minorities or as Third World governments. Some of these locations, and the agreements, are mentioned in the corporate profiles that follow, but they are not the main focus of this Report. In the past, mining companies in Australia have argued that the Australian case is unique and that overseas precedents are not relevant. The advantage of addressing only the North American case is that it is far more difficult to distinguish differences from the Australian situation. It is therefore more difficult for mining companies to justify why their attitudes and behaviour should be different on the other side of the Pacific Ocean. Such research raises several other issues. Obviously the most important result flowing from such research is the identification of those corporate groups which have experience in dealing with indigenous minorities. However, it also raises issues in relation to the motivations behind the behaviour of various corporate groups and organisations in Australia in recent years. These and other matters will be addressed in this Chapter. Major Corporate Groups in AMIC In order to facilitate this study it is necessary to condense the list of 135 organisations that are members of AMIC into a list of major corporate groups. Two member organisations can immediately be excluded: one is a professional organisation (Association of Consulting Surveyors Inc) and one is a partnership (W.T. Partnership). A corporate group consists of a parent company, subsidiaries and associated companies. For the purpose of this study, subsidiaries are companies in which the parent company has a controlling interest, while an associated company is one in which the parent has an interest sufficient to exert a significant degree of influence. The corporate group is generally characterised by centralised and coordinated management control over the operations of the various companies within the group, particularly in relation to the financial and investment decisions of the companies. As a result, the parent company requires complete knowledge of the activities being undertaken by its group members. The companies within the group may operate in only one country, or as is usually the case with large companies, in a number of countries. Corporate groups with operations in a number of countries are referred to as transnational or multinational corporations. By applying these criteria, the list of AMIC members can be condensed into approximately 50 corporate groups. These groups include as few as one or two AMIC companies, or as many as the 19 CRA Ltd companies that are members of AMIC. It should be noted that such corporate groups also include many companies that are not members of AMIC. For instance, such non-member companies may be involved in non-mining activities, or in other countries, or a corporate group may have simply decided that it is unnecessary for some of the mining companies in the group to be members of AMIC. With regard to a corporate group's membership of AMIC, it is relevant to note that only one member of a corporate group pays membership dues. For example, although several companies of the BHP group are members of AMIC, only The Broken Hill Proprietary Company Ltd pays membership fees. Nevertheless the other members of the BHP group listed as members of AMIC are treated as full members of the Council. AMIC advises that this does not create administrative problems, such as the issue of which corporations are entitled to vote, because all decisions are taken by consensus. In the meantime, it is clear that such arrangements confer the advantage that the membership of AMIC appears to be larger than the actual number of corporate groups represented. In other words, AMIC appears to represent approximately 133 companies, rather than the 50 corporate groups to which it can be reduced. This reduction in size of AMIC's membership is supported by the very manner in which AMIC collects its membership dues. Nevertheless, for the purposes of this Report, the number of corporate groups has been reduced further by the inclusion of associated companies in the corporate groups. For example, a study of the shareholders and directors of the Newmont Mining Corporation in the United States shows that the company is closely associated with the Anglo American Corporation group of South Africa. The Australian subsidiary Newmont Holdings Pty Ltd is here included as part of the Anglo American group, whereas AMIC probably considers the company to be an independent member. TABLE If the companies that are not significant, for the purpose of this Report, are eliminated from the 50 corporate groups which are members of AMIC, then the number of significant corporate groups that comprise AMIC can be reduced to 23. These are listed in Table 9. Corporate groups are considered to be not significant for current purposes if no member or members of the group are carrying out substantial mining or exploration activities in Australia, or if so, those activities have no known impact on Aboriginal land or interests. The groups in this category are listed in Table 10. It should be noted that the full list of AMIC members and their parent companies or substantial shareholders is shown in Appendix 3 (as at August 1985). There are some comments which arise from a consideration of the companies listed in Table 10. All but two of the 26 groups listed have only one subsidiary or associate as a member of AMIC. Kalgoorlie Mining Associates has one other company in the group which is also a member of AMIC, and Gencor (Australia) Pty Ltd has two subsidiaries which are members. In addition, it should also be noted that Queensland Alumina Ltd and Worsley Alumina Pty Ltd are alumina refining companies which are owned by consortia of major companies (some of which are members of AMIC in their own right). As such they are hardly corporate groups, and are listed here mainly for convenience. Accordingly, whereas these 25 groups represent 28 members of AMIC, the 23 corporate groups which are considered significant for this study represent the remainder of the 133 companies which are members of AMIC. The validity of an approach which focusses on the major corporate groups is supported by the various industry concentration statistics published in recent years. For example, of the 338 taxable companies in the mining industry in 1982-83 the largest 36 accounted for over 96% of the taxable income (Commissioner of Taxation 1985). Statistics published by the Australian Bureau of Statistics show that the largest 4 enterprise groups accounted for 43% of total mining industry value added in 1982-83. The largest 12 groups accounted for 65% of industry value added, and the largest 20 for 77% (out of a total of 914 enterprise groups). Quite clearly it is these large companies which dominate the industry in terms of production, investment, exports and revenue. TABLE A further feature of the membership of AMIC is the large number of foreign controlled companies. As Appendix 3 shows, 55 of the member companies can be classified as Australian controlled, 72 are foreign controlled, and 6 (the MIM group) are associated companies of a US corporation. These figures are consistent with the statistics published by the Australian Bureau of Statistics on foreign ownership and control of the mining industry. The level of foreign ownership, measured in terms of value added was 50.4% in 1982-83, while the level of foreign control was 56.6%. Companies from the United States and United Kingdom have been the most important foreign investors in the industry, with US ownership of 24% and UK of 16% in 1982-83. On the basis of controlling shareholdings, only 7 of the significant corporate groups are Australian controlled: BHP, CSR, North Broken Hill, Peko-Wallsend, Pancontinental Mining, Pioneer Concrete Services, and Western Mining Corporation. As noted previously, the MIM group is an associated company of the US corporation Asarco Inc. It is interesting to note that the AMIC Aboriginal Affairs Committee includes representatives of all of these Australian controlled corporate groups with the exception of Pancontinental Mining Ltd, as well as MIM, CRA (two members), Shell Company, and the Chamber of Mines of Western Australia. A full list of the members of the Committee is included in Appendix 4. Corporate Groups With North American Experience in Dealing with Indigenous People The thrust of this section of the Report is not directed at the issue of foreign ownership and control. It arises only because the foreign ownership issue overlaps with the question of the extent of international dealings with indigenous people. This is largely due to the fact that Australia has few of its own transnational corporations. Although definitions of a transnational corporation vary, BHP is probably the only major Australian-owned company that is a member of AMIC that can be classified as a transnational corporation with respect to the mining industry. Such overseas interests that Australian companies do have are summarised in Appendix 5. The impact of this fact is that of the significant corporate groups identified in AMIC, it is principally the foreign- controlled transnational groups that have had experience on indigenous land in North America. Table 11 lists the companies that have, or have had, dealings with Aboriginals in Australia and Indians in North America. It should be noted that a number of these companies are members of the Non-Producers' Group of AMIC, but have extensive exploration programmes throughout Australia. TABLE Although the corporate profiles later in this section contain greater details, there are a few comments about the above list which it is appropriate to make at this stage. First, the numbers in brackets in the left hand column are the number of companies that are members of AMIC who are also in the same corporate group. These companies form a total of 46 of the 133 companies that make up the membership of AMIC. More importantly, these 12 groups are more than half of the significant mining groups that are represented by AMIC, and three of these groups are members of the AMIC committee on Aboriginal land rights (BHP, MIM, Shell). Second, except for BHP and MIM, all the groups of companies in the list have obtained their experience of indigenous resource rights by virtue of the fact that they are subsidiaries of parent organizations which have operations in North America. Within this category, Aberfoyle is a slightly different case because it was an Australian company which was acquired by the Canadian mining conglomerate Cominco Ltd. MIM is a separate case because it is now an associated company of Asarco Inc as each of the two companies have substantial holdings in each other. To return to the point about Australian transnationals, it is only BHP which has had dealings with indigenous people in other countries by virtue of its acquisition of an overseas subsidiary. Corporate Groups With No Apparent Experience in Dealing with Indigenous People in North America By way of contrast, the other significant corporate groups in AMIC consist of predominantly Australian-owned companies. The feature which distinguishes these companies is their apparent lack of experience of dealing with indigenous people in North America. These companies are listed in Table 12. TABLE The salient features of Table 12 may be reviewed as follows. First, these eleven corporate groups are made up of a total of 59 member companies of AMIC. However, if CRA is excluded from this list, then only 40 member companies are represented. H10 2006 words Departmental reviews in higher education institutions By Ernest Roe and Ingrid Moses III THE REVIEW PROCESS III.1 Introduction One would expect departmental review procedures to exhibit similar features in different institutions, in much the same way as do other evaluative procedures such as promotion, granting of study leave and allocation of research grants. It is normal for academics to be judged by their peers, for evidence to be submitted by those being evaluated, for referees and assessors to be used, for the whole exercise to be conducted through and validated by some kind of committee system (and perhaps passing through more than one such committee before a final decision is made). Those initiating, conducting or being subjected to a departmental review face similar sets of problems and challenges: similar, but, with due observance of the proper tradition of institutional, departmental and individual autonomy which pervades tertiary institutions, not identical. It can easily be demonstrated that most departmental reviews grapple with most if not all of the following: the reasons for the review, its terms of reference, the composition of the review committee, the procedures for collection of evidence, the timing of various procedures - committee meetings, submissions, interviews, for example - and the total time span of the review, the provision of administrative back-up, the writing and subsequent treatment of a report, implementation of its recommendations, and other consequences of the review. That is not intended as a comprehensive list of all that typically happens in a review. But the significant point is that, however alike the problems and challenges which departmental reviews encounter, the solutions vary to a considerable extent. Thus, while it is relatively simple, after scrutiny of a number of reviews, to say "These are the usual stages of a review" or "These are the procedural questions people generally have to answer", it is much more difficult to generalise about the "correct" or "best" answers. Sometimes we shall have to report that "In institution A they chose this committee membership, adopted this methodology, handled the report thus, whereas in Institution B they made very different, even opposite decisions: and, as far as we can tell, the two reviews were equally efficient and effective." Nevertheless, if this Report is to be a useful document, some generalisation must be attempted, lightly or heavily qualified, hedged around with contingencies, wherever the facts and our judgment seem to justify that. In defining, however cautiously, what seems to us from the evidence to be good practice, we accept that individuals - and individual institutions - have chosen to take a different path and will do so in the future. Procedures adopted in institutions are influenced by explicit or implicit expectations of what role departmental reviews play. Purposes of reviews are discussed in section 3. Here the more general dimensions which have become apparent are briefly mentioned. (a) formalised vs informal This could also be called objective versus consultative. In some reviews formal channels of communication were observed, e.g. submissions were called, persons were invited for interviews and could speak to their submissions or make an oral statement. There were no other interactions between review committee and members of staff. Contact with both the department and the institution's executive was restricted to official `business'. In other reviews, however, members of the reviewed unit, notably the head, had continuous access to the review committee through consultation by phone or face-to-face, and were able to influence the outcome of the review considerably. This leads directly to the next dimension. (b) inspectorial/evaluative vs developmental/educative On this dimension reviewers are either evaluators or facilitators of change. Some reviews put the review committee into the position of independent judges, who, after having collected and assessed evidence, passed their judgment on the department. In such reviews little regard may be given to what change is feasible and how change can be implemented. If the institution sees the reviewers' function, and if the reviewers themselves see their function, as more developmental and educative, then reviewers will want to interact freely with members of the department, with the institution's executive, feed their impressions and preliminary judgments to them and engage in a continuing dialogue. In this case the review process itself is educative, and change may already occur during the review process. (c) utopian (free from resource constraints) vs realistic (resource bound) If reviewers can assess a department and recommend for an ideal situation, fundamental aspects of the department, viewed over a longer time-span, can be addressed. Realistic recommendations are normally expected when the review brief specifies that developments in the short run, e.g. in the next five years should be addressed, and that recommendations should have no resource implications (which in practice means should not require additional resources). (d) crisis review vs regular review If prompted by a crisis or a specific occurrence like change of headship, retirement of a professor, sharp decline in student numbers, reviews may be initiated with the specific task of addressing this situation and making suggestions on how to deal with it. Regular reviews on the other hand become a normal and planned feature of the institution, and may pick up developments already under way in the department. (e) comparative within institution vs comparative across the discipline The basis for comparison may be other schools or departments within the same institution, and may determine whether a department is seen as viable in size, productive, healthy and happy. Institutional and public interests and how they can be reconciled may be addressed if comparisons are made Australia-wide across the discipline. (f) review of a group vs review of individuals The reputation of departments is clearly dependent on individuals, their teaching and research programs and their performance in these. In some reviews individuals and their contributions (or lack of them) have to be addressed, through recommendations concerning new positions, redirection of efforts, private and confidential reports to the Chief Executive. In others, individual performance per se is not investigated, or at least not reported on, and the focus remains firmly on the department. Generally the issue of individual contribution to the department cannot be avoided, but a departmental review report is not seen as the appropriate place to go into detail. Among the reviews we scrutinised were two which had unique features, briefly described in this section. III.1.1 A descriptive review In 1980 the Director of the (then) North Brisbane CAE submitted a proposal which was "to evaluate the effiency and effectiveness of the academic structure and administrative practices of the Department of Liberal Studies as they bear on the quality of its courses and its complex service role for other Departments." It was to be conducted by a team from the Centre for the Advancement of Learning and Teaching (CALT) at Griffith University which would "work in consultation with the Head of the Department of Liberal Studies but ... have professional responsibility for the planning, conduct and management of the study." That quotation is taken from an Agreement drawn up between North Brisbane CAE and CALT on the conduct of the review. The Agreement begins with an account of what the review "will attempt to describe", and Item 1 concludes with this statement: "While issues of effectiveness and efficiency will arise during the course of the study, and directions for change may appear, it must be recognised that the study is limited. Its purpose is to describe and analyse but not to prescribe." Similarly, the Introduction to the Report begins with the statement, that "The emphasis of the review was to be on description rather than judgment." Other Items in the Agreement state that documents will be analysed, 50-60 people will be interviewed, including all staff of the department, that the College will ensure the project team's access to these people, that the study will be completed within six months, and that "every effort will be made not to report interviews in such a way as to identify individual sources" but that "where an individual person is identified authorisation will be sought". There are therefore two unusual features in the approach to this review: the drawing up of a formal agreement between the head of the institution in which a department was being reviewed and the external review team, concerning the conduct of the review; and the emphasis on description and analysis rather than judgment and prescription. The review report duly presents, in considerable detail, facts and figures about the department. "Description" permits inclusion of evaluative comments from others, as long as they are straight quotations. Similarly "analysis" permits statements with a certain judgmental flavour. Such statements are usually prefaced by "it is said that ...", "it is felt that ...", "some staff say ..." and similar phrases. Nevertheless the emphasis remains on description throughout this very thorough account of the Department of Liberal Studies, an account with ten appendices giving still more basic information. Consistent with this approach, the review team offers no recommendations. The assumption - and the essence of the Agreement between institution and review team - is clearly that, presented with this full description, the College authorities or anyone else intimately concerned will be able to make their own evaluations. Unfortunately it was impossible for us to follow up this particular review. When the review began, amalgamation of the North Brisbane CAE with two other CAEs to form the Brisbane CAE had already been proposed, and it happened almost immediately afterwards. The situation was therefore radically altered and became a situation to which the review had lost most if not all of its relevance. This does not of course mean that the methodology of the review is no longer relevant. Neither of the two features noted here - the drawing-up of an agreement, and a review confining itself to description - has been adopted in other departmental reviews as far as we know, and certainly not in those we have been scrutinising. But they merit the attention of those involved in or planning to undertake reviews. The arguments for a formal agreement with an external review team are similar to those for explicit and detailed terms of reference discussed in section 4 below. Both help to make intentions explicit, to clarify expectations, and to repudiate mystery and secrecy. Formal agreements may also help to ensure that an institution gets its money's worth, though that does not seem to have been a problem in any of our other reviews. "Description" and "judgment" are more clearly contrasted in discussion of theory or principle than they are in practice. Review reports vary, with some more descriptive, some more judgmental. The example from North Brisbane CAE is an extreme example of the `descriptive' mode, making particular efforts to avoid judgments, and making no recommmendations. Other reviews are largely descriptive, with judgments mainly at the end, in the form of recommendations; and those may be cautiously phrased. Towards the other extreme are review reports with comparatively little description (or presentation of data) and evaluative comments on practically every page, leading finally to quite dogmatic recommendations. It appears to be the normal expectations of those initiating departmental reviews that a review committee will "evaluate" and will make firm recommendations. Even the North Brisbane CAE proposal describes its principle objective as "to evaluate the efficiency and effectiveness ..." But this example indicates that a review may concentrate on provision of a detailed picture which others may then use as a basis for evaluation in the usual judgmental sense. The onus is on the institution, and on the department itself, rather than on the external reviewers. We do not wish to recommend or to discourage descriptive reviews. We simply draw attention to this possibility which may, either as a matter of principle or because of the peculiar circumstances of a review, be regarded as the most desirable way to proceed. III.1.2 A developmental review During 1983-84 CTEC supported an evaluation of "Surveying and Mapping Education and Training in Queensland" through its Evaluations and Investigations Program. As the title clearly indicates, this was not a departmental review. Nevertheless it is methodologically of some interest. H11 2000 words The depreciation of the Australian dollar: its impact on importers and manufacturers 4. Impact on manufacturers' input prices and costs <4.1 Introduction /h> The depreciation of the Australian dollar is expected to influence the manufacturing sector in a number of respects. First, imported goods which are close substitutes for domestically produced goods are a source of actual and potential competition for local manufacturers. To the extent that prices of competitive imports are raised by the depreciation, this provides domestic producers of import- competing goods with a relative price advantage. Secondly, many manufacturers use imported inputs in their production activities, either in the form of capital goods (machinery and equipment) or intermediate goods (raw materials, semi-processed materials, and components). In so far as the depreciation leads to higher domestic currency prices of imported goods, the production costs of local manufacturers are thereby raised directly. In this chapter, consideration is given to the magnitude of the price increases charged by overseas suppliers of materials and components to domestic manufacturers following the depreciation, and the speed with which the price increases were transmitted. In seeking to explain differences in these price changes across industries, information is provided on the countries from which the imports were sourced, the currencies in which the contracts were denominated, and the order and payment lags involved. One benefit expected from a depreciation is that the resultant change in relative prices should lead to a switch in demand away from imported goods to relatively less expensive domestically produced substitutes. Findings are presented on how volumes of purchases of imported and domestically produced materials and components by manufacturers changed following the depreciation in 1985, and how they were expected to change during the first half of 1986. One factor which influences the extent to which manufacturers switch their purchases is the degree of substitutability between imported and domestically produced materials and components. Accordingly, information is presented on the extent to which such import substitution on the input side is feasible for manufacturers, and some evidence provided of examples of import substitution which have actually taken place as a result of the depreciation. Throughout the chapter, as well as attempting to gauge the quantitative magnitude of the price changes and volume responses, consideration is given to identifying the time lags involved. 4.2 Characteristics of the firms surveyed The 109 manufacturers who responded to the survey were classified to industry groups on the basis of their predominant activity. The number of firms in each industry group are given in Table 4.1, and the distribution by employment size is shown in Table 4.2. As noted in Chapter 1, in selecting the sample of firms, more emphasis was placed on those firms which use imports as inputs in their production processes and/or whose output is competitive with imports. While the coverage of firms across industries may therefore not be fully representative of the output structure of manufacturing, it is nevertheless thought to be satisfactory for the purposes of this study. Further, while a very small proportion of the respondent firms are `small' (employing less than 100 persons), it is the reactions of larger firms to the depreciation which have the greater quantitative impact on output and employment changes, and for this reason the study gives them greater coverage. The effect of the depreciation on individual industries would be expected to differ, depending on the extent to which they are import-using and/or import-competing. Import usage will be considered first. The vast majority of the 109 manufacturing firms were engaged in importing, either of materials and components for use in production and/or final goods to complement their product range. In 1985, some forty-seven of the 109 manufacturers were directly involved in both types of importing activity, thirty- five firms imported materials and components only, and seven firms imported final goods but not materials or components. Only twenty of the 109 manufacturers did not engage in any direct importing activity. In order to assess how important the use of imported inputs (materials and components) is in manufacturing production, information was sought on the cost structure of firms. The relevant data are set out in Table 4.3. For the ninety-two manufacturers imported inputs accounted, on average, for around 21 per cent of production costs in 1985, while domestically produced inputs accounted for around 36 per cent. However, considerable differences are apparent across industries in the relative share of costs accounted for by these two categories of inputs. Imported materials and components accounted, on average, for a relatively small share of costs (less than 10 per cent) in Non-metallic mineral products and Basic metal products, but represented one-quarter or more of total production costs in five industries - Textiles, Chemical products, Transport equipment, Appliances and electrical equipment, and Industrial machinery and equipment. Domestically produced materials and components were used most intensively in Wood, wood products and furniture, Paper and paper products, Basic metal products, and Fabricated metal products. TABLE In order to provide additional information on the distribution of the share of imported inputs in total production costs of manufacturers, firms were assigned to the categories listed in Table 4.4. For 19 per cent of firms imported inputs accounted for less than 5 per cent of costs, whereas at the other extreme they accounted for one-third or more of costs in approximately 25 per cent of firms. In addition to undertaking the importation of materials and components, many manufacturers also engage in importing final goods. Information on the share of domestic sales in 1984-85 accounted for by domestically produced goods, and imported final goods, was provided by all but two of the 109 manufacturers (Table 4.5). For the majority of firms, imports of final goods represented only a very minor share (less than 5 per cent) of total sales. However, for about one-quarter of the firms they accounted for 10 per cent or more of domestic sales, and for two firms more than 50 per cent. Turning now to the extent of import competition faced by local manufacturers, two important determinants of the extent to which an industry is import-competing are (l) the proportion of imports which compete with domestic production, and (2) the proportion of the domestic sales of the industry accounted for by competitive imports. The latter variable (market penetration by competitive imports) is conventionally used as an indicator of the degree of actual import competition faced by domestic sellers in an industry. However, firm behaviour is also influenced by the threat of potential import competition. Information on the relative importance of competitive and non- competitive imports across industries, together with the market penetration of competitive imports, is presented in Table 4.6. The definitions of competitive and non-competitive imports are those used by the IAC. Non-competitive imports are defined as those which attract minimum rates of duty (2.5 per cent or less), including those which enter under by-law concessions. It is reasonable to assume that higher tariff duties have not been imposed on such goods because there is no domestic production of close substitutes. Non-competitive imports mainly comprise capital equipment, materials and components, and some consumer durables. Competitive imports on the other hand are those which enter at higher rates of duty (2.5 per cent or more), and which tend to compete more closely with domestic output. At the broad industry group level, market penetration by competitive imports is most important in Textiles, Clothing and footwear, Transport equipment, Appliances and electrical equipment, Industrial machinery and equipment, and Other manufacturing. Of course, a more finely disaggregated industry classification would reveal instances of significant import competition within some of the other broad industry groupings. 4.3 Prices of imported materials and components The extent to which domestic manufacturers have experienced a competitive advantage as a result of the depreciation of the Australian dollar is dependent on the pricing responses of importers of competing goods, and the impact of the depreciation on domestic costs of production. One aspect of the latter is the extent to which the prices of imported materials and components have increased as a result of the depreciation. Over any given period, changes in landed duty-paid prices of imports can reflect a variety of factors - for example, movements in exchange rates, fob prices in foreign currencies, freight and insurance costs, and tariff rates. The dramatic fall in the Australian dollar which began in February 1985 was clearly the most important factor which affected price changes of imported materials and components during 1985. However, Australian dollar prices of imports may not change by the full extent of the depreciation if overseas suppliers choose to absorb some or all of the effect of the exchange rate change by reducing their Australian export prices in terms of their own currency. 4.3.1 Changes in prices of imported materials and components Of the eighty-two manufacturing firms directly importing materials and components, sixty-six provided information on how prices of these inputs changed during 1985, and how prices were expected to change during the first half of 1986. The half- yearly and annual information is presented in Figure 4.1, while the more detailed quarterly data are set out in Appendix Table A4.1. Seventy-seven firms provided data on price movements for all imported inputs used, i.e. those imported directly and also those purchased from local importers. Because the price changes in both series were very similar, only the direct imports data are presented. Across all firms, the most substantial changes in prices paid for imported inputs took place in the first half of 1985. On average, prices increased at a rate of 7.1 per cent in the March quarter, and 8.3 per cent over the June quarter, giving a compound rate of 16.0 per cent for the first half of 1985. The rate of increase in the prices of imported inputs moderated somewhat in the second half of 1985. Over the full year, prices of imported inputs increased, on average, by 26 per cent. The rate of increase is expected to slow still further over the first half GRAPH of 1986. For this period, the firms surveyed expected prices of imported inputs to rise at a rate of only about one-third that of the first half of 1985. There are substantial interindustry differences in the magnitude of price increases charged by overseas suppliers to domestic manufacturers following the depreciation. Price increases appear to have been well above average in Wood, wood products and furniture, and Appliances and electrical equipment. The speed with which price increases for imported inputs took place is also of considerable interest. A measure of the speed of price adjustment is provided by the ratio of the first quarter price increase to the annual increase. On this basis, price increases were transmitted relatively quickly in Textiles, Fabricated metal products, Transport equipment, Appliances and electrical equipment, and Industrial machinery and equipment (refer Appendix Table A4.1). For these industries, approximately one-third or more of the annual increase was passed on within the first quarter of 1985. The largest impact was felt after a lag of at least one quarter in Wood, wood products and furniture, Paper and paper products, Chemical products, and Basic metal products. 4.3.2 Sourcing of imports of materials and components The observed price increases for imported materials and components faced by manufacturers reflect, in part, the different countries of origin of these imports and the different degrees of absorption of the effects of the depreciation by overseas suppliers. To shed some light on these aspects, an examination is made of the countries from which the imports of the respondent firms were sourced, and the extent to which the Australian dollar depreciated against the currencies of these countries. The major countries from which imports of materials and components were sourced by the respondent firms in 1985 are set out in Table 4.7. Across all industries, the major source countries were the United States, Japan and West Germany. Other countries tended to be important only in particular industries - for example, New Zealand in Textiles and Paper and paper products, Canada in Non-metallic mineral products and Paper and paper products, and Asian countries in Clothing and footwear. H12 2032 words Australia card: planning report on the establishment and administration of a national identification system CHAPTER 2 PROPOSED OPERATIONAL STRATEGY 2.1 Objectives, functions and uses of the Australia Card Program 2.1.1 Within the context of the Government's desire to provide fairer and more equitable taxation and welfare systems, it is the Commission's understanding that the principal objective of the Australia Card Program is to establish a mechanism for the unique identification of persons within Australia, and by this process to: (a) reduce the incidence of - • tax evasion • incorrect payment of health and welfare benefits and other government moneys • other abuses of government programs; and (b) generally assist government agencies to carry out their functions more effectively. 2.1.2 The functions of the Australia Card Program are to provide a framework of identification within Australia which will aid in the positive identification of: (a) participants in specified financial transactions (for taxation purposes); (b) persons lawfully entitled to undertake work in Australia; (c) persons entitled to Commonwealth Government pensions, income support payments and assistance under other government programs; (d) persons entitled to Medicare benefits; (e) persons entitled to an Australian passport; and (f) persons seeking to register for employment with the Commonwealth Employment Service. 2.1.3 Whilst the Program clearly will not be a panacea for all the ills of tax evasion (particularly in relation to the cash economy and organised crime), it can successfully achieve the stated objectives and perform the functions listed above. 2.1.4 Appendix D outlines the uses of the Australia Card and register which are intended by the Government and are detailed in the Government's submission to the Joint Select Committee. 2.1.5 The operational objectives outlined in Section 2.3 below have been developed after careful consideration of these objectives, functions and uses and the system requirements that they imply. 2.2 Companion system for entities 2.2.1 The most significant revenue gains expected from the Australia Card Program are those arising from the taxation uses. To prevent the transfer or leakage of these revenue gains to entities, the Government has accepted the need for a companion system for such entities. In this context, "entity" means any organisation or association (whether incorporated or unincorporated) and includes persons engaging in transactions in joint names. 2.2.2 The companion system for entities proposed by the Australian Taxation Office is outlined in Appendix E. It does not involve the allocation of a separate unique number to each entity but relies instead on a requirement that, where an entity engages in a prescribed transaction, the Australia Card of an appropriate responsible individual associated with the entity is required to validate the transaction. 2.2.3 The companion entity system will be administered by the Australian Taxation Office (ATO). Whilst it should have little effect on the administration of the Australia Card Program by the Commission, it is recognised that: (a) the establishment and maintenance of the highest practicable level of integrity for the Australia Card Program will be critical not only to the success of that Program but also to the effective operation of the companion entity system; and (b) continuing liaison with the ATO will be necessary to identify promptly areas of mutual concern or issues on which the policies or practices of one organisation may have implications for the other organisation. 2.3 Operational objectives 2.3.1 The broad operational requirements for the administration of the Australia Card Program by the Commission are that the system should be able to: (a) register, with a very high level of integrity, every eligible person and allocate an Australia Card number to every registered person; (b) issue Australia Cards in respect of all registered persons; (c) receive data from government agencies to establish records and verify identity and eligibility; (d) provide information to government agencies necessary for approved uses of the Program. 2.3.2 The Commission regards integrity as the cornerstone of the Australia Card Program. It is a central issue that is critical to the success of the Program in terms of both the achievement of its objectives and its acceptance by the general community. It is for this reason that integrity has been made the first operational objective below; it is addressed in more comprehensive terms in Section 2.6 below. 2.3.3 The principal operational objectives for the establishment and administration of the Program are taken to be: (a) to achieve the highest practicable level of integrity for the data on the Australia Card register; (b) to ensure that the optimum safeguards and controls are in place to protect the integrity of the system and the privacy of individuals and personal information relating to them; (c) to register and issue Australia Cards to at least 96% of eligible persons over the two year implementation period and subsequently to the entire eligible population; (d) in the ongoing phase, to reissue cards as required and to register the newborn and new arrivals from other countries in a timely manner; (e) to pay particular attention to the needs of (and, where necessary, to make specific arrangements for) special groups such as people in remote locations, people from Aboriginal and ethnic communities, institutionalised persons and Australians overseas; (f) to develop, implement and administer the Program so as to minimise public inconvenience; (g) to provide ready access for cardholders to their own data on the Australia Card register; (h) to provide (in a manner consistent with (b) above) on-line and other appropriate enquiry facilities to enable authorised government agencies to access the Australia Card register and to provide update information to those user agencies in a timely manner to assist in the effective operation of their programs; and (i) to operate with the lowest possible administrative costs consistent with these objectives. 2.3.4 The operational strategy outlined in this chapter is designed to achieve these objectives and has been used in the preparation of the estimated work volumes, resource requirements, costs and timescales provided in this report. 2.3.5 It should be appreciated, however, that some aspects of this operational strategy may be revised following the further planning and evaluation referred to in Section 5.4. 2.4 Overview of operational strategy 2.4.1 For the general community, the principal impact of the Australia Card Program during the two year implementation phase will be the arrangements for registration of eligible persons and the issue of Australia Cards. Invitations to apply for registration, based on matching of the Medicare database against other government databases, will be posted progressively over the first 20 months of the implementation period. The invitations will request completion and return of an application for registration. 2.4.2 After further checking of the information supplied by the applicant, he will be asked to phone a toll-free central enquiry number for the relevant State and make an appointment for a registration interview at a convenient branch office. At that interview, the applicant will provide proof of identity and eligibility and a signature for inclusion on his Australia Card. 2.4.3 Special publicity arrangements during the last four months of the two year implementation phase will encourage those who have not received invitations to apply for registration. 2.4.4 The registration arrangements outlined in the three preceding paragraphs are described in more detail in Section 2.11 and its supporting Appendix M. 2.4.5 Australia Cards will be produced at a secure central site using automated techniques and will be distributed under security conditions. They will be made available for collection at Commission branch offices 2 - 3 weeks after the registration interview. 2.4.6 It is recognised that special arrangements will be essential for various groups in the community who will not be able to visit a branch office or who will require special attention in other ways -- these arrangements are discussed in Section 2.14 below. 2.4.7 Other essential elements of the Commission's proposed operational strategy are that: (a) the Commission will continue to operate as one organisation with its several functions -- Medicare, Medibank Private and Australia Card -- all carried out within the existing integrated structure; (b) a three stage computer matching process (using the Medicare enrolment file as the base) will be used during the registration process to establish and validate identity and eligibility; (c) the Australia Card register will contain data on each registered person including basic personal information (name, address, sex, date of birth etc.), personal information required to establish identity and eligibility (e.g. birth certificate or immigration details), card issue details, audit trail information, and, depending on the views of the Joint Select Committee and the wishes of the community, optional emergency information, (d) the Australia Card will contain name, number, sex, date of birth, period of validity, citizen/resident/visitor status, signature (on adult cards), name and number of responsible adult (on children's cards), eligibility for Medicare and authority to work (visitors' cards), and appropriate security features; (e) the promotional plan to explain the program and to encourage registration will include brochure distribution through government agencies, a national letterbox drop and reinforcement advertising through press, radio and TV; (f) cardholders will have access to their record on the register (subject to some limitations mentioned later); (g) authorised government agencies will have access (by on-line computer terminal or other appropriate means) to the register for approved purposes; (h) the data on the register will be maintained using information supplied by cardholders (and relevant government agencies) and updated information will be available immediately to authorised users; (i) Australia Cards will replace Medicare cards entirely during the 2 year implementation phase; and (j) the Commission will install and operate a computer system for State registries of births, deaths and marriages. 2.5 Privacy, rights of access and appeal mechanisms 2.5.1 As indicated in Appendix B the Australia Card proposal has received strong public support as a general system of identification and as a means of reducing tax evasion and welfare fraud. However, it has been criticised by civil liberties groups and others who fear that the Program may lead to an erosion of personal privacy and individual liberty through the possible creation of dossiers on individuals or uses of the system beyond those intended. 2.5.2 It is clear that if human rights and personal privacy are to be protected, adequate legislative safeguards and administrative controls will be essential. At the same time, comprehensive information program explaining Australia Card and these safeguards and controls should alleviate the concerns that have been expressed. 2.5.3 Chapter 14 of the Government's submission to the Joint Select Committee discusses privacy and human rights issues and describes the legislative controls and safeguards proposed by the Government. In particular, it outlines the role of the proposed Data Protection Agency which would, inter alia, provide an external appeals mechanism for the review of decisions made by the Commission or other government agencies in relation to data held on or obtained from the Australia Card register. Chapter 16 of the Government's submission details the proposed internal review mechanisms and rights of appeal concerning disputes and complaints arising from Australia Card data and procedures. 2.5.4 Appendix F of this report summarises these issues and describes how the legislative requirements would be reflected in the Commission's administration of the Program. That appendix also explains the arrangements for access to the register: (a) by each cardholder enabling him to check the accuracy of the personal information held on the register which relates to him; and (b) by approved user agencies to personal information on the register enabling them to carry out the functions for which approval has been granted. 2.6 Integrity of the Program 2.6.1 A major determinant of the integrity and success of the Program will be the effectiveness of the validation of identity and eligibility prior to the allocation of an Australia Card number and issue of the Card. However, the only way in which integrity -- in this context -- could be guaranteed would be to make the checks on identity and eligibility absolutely exhaustive. 2.6.2 To apply exhaustive checks for each person would not be acceptable to the general community and would be seen as an unnecessary intrusion into personal privacy. It must be understood, however, that any system with checks that are less than exhaustive -- including the system proposed in this report, despite the range of safeguards that is being contemplated -- will inevitably have some potential for exploitation by those who are really determined. H13 2001 words Report of the committee to review library services in South Australia CHAPTER 3 SECOND STAGE DEVELOPMENT PROGRAMME 3.1 The 1978 Report recommended that a State Plan be adopted to develop 99 public libraries throughout South Australia over an eight year period. (Recommendation 20). The Development Programme to achieve this State plan has been highly successful, even though not all libraries proceeded in the shape or in the time frame as planned. Appendix II compares the proposed and actual progress of the Development Programme from 1978/79 to 1985/86. The Development Programme has had to be extended to 1986/87 because of the increased number of independent service points sought. This occurred in the school/community library area where the number will have increased from twenty eight to forty six by the end of the Programme. District Councils clearly preferred the static library alternative to the regional mobiles initially proposed. Despite the increase in the number of service points and the year's extension to the Programme, the overall capital estimate provided in 1978 has proved to be extremely accurate. It is a credit both to the Department of Local Government and the Libraries Board that costs have been so closely aligned to the original budget, bearing in mind both the inflation rate and, more recently, the devaluation of the Australian dollar. 3.2 At the time of preparation of this Report, only five District Councils have not yet decided to establish library services under the Development Programme, (Appendix III). Negotiations are currently underway with several of these District Councils, Yankalilla, Gumeracha, Mt. Pleasant and Robertstown and the Committee anticipates that services will be established in 1986/87. Three other councils, the District Councils of Carrieton, Peterborough and Hallett, are too small to establish services in their own right. Of these three, Hallett appears likely to seek a service from an adjoining council when the two Institutes within its boundaries dissolve. Only one metropolitan council does not contribute to a library service. However, we believe the Glenelg Council has approved in principle the development of a public library service but has not, to this time, made any commitment as to its location. 3.3 The Committee considers the above scenario to be a remarkable overall achievement. In all cases local government authorities were free to make their own decisions as to whether or not to provide a public library service. The success of the spread of public library services throughout the State is due in no small measure to the persuasive skills of the Libraries Board and Public Libraries Branch officers in the first instance and more importantly to the success of the first few libraries established. It was quite evident to the Committee that the stanard of service offered and the level of use made by the community were clearly very influential factors in convincing neighbouring authorities that a public library was a desirable community service. The support for this Development Programme and its extension was shown in the large number of submissions received from local authorities by the Committee. Sixty one of the State's 125 local authorities made submissions. 3.4 The Committee has identified the need for a smaller second stage Development Programme which would provide for: (1) replacement or extension of existing service points which are now inadequate or too small (2) new services in areas where population growth is expected to occur over the next five to ten years. In the first stage of the Development Programme, the Board was keen to establish services wherever it could. In same cases existing Institute buildings or rented shops were used because no other suitable alternative premises were available at the time. The Committee believes consideration should now be given to improving these library services because in most cases conditions are cramped, with little public space and with books stored in such a way that public use is severely restricted. In most instances, the councils involved recognise the problem and are anxious to find a remedy. The Committee envisages a total of twenty six projects during this second stage. In addition, Penola, Prospect and Jamestown Councils have indicated a need for minor capital developments. Some school/community libraries, especially in the north and west of the State, are also in need of additional space. These costs are relatively small and if proceeded with, would have a negligible financial effect on the total programme. 3.5 Although there is clearly a need for extensions or replacements of the library services identified, the situation is certainly not as critical as it was in 1978, when relatively few library services existed. Most councils have indicated that they see such projects as part of their own forward plans. A similar situation exists with new libraries. In all cases library services exist in these areas, either through a neighbouring library or mobile service. If a second stage Development Programme was implemented over eight years, the number of libraries to be built or redeveloped each year would be less than half those currently being established. Although this slower growth rate will represent a substantial reduction in the cost to the State Government, it will be offset to some extent by the Committee's proposal to increase the establishment capital subsidy as detailed in our Review of the Subsidy System. 13. The committee recommends that: The State Government accept a commitment to a second stage capital Development Programme to be implemented over an eight year period, to provide in the first instance an opportunity for existing libraries with inadequate space to be expanded or replaced and secondly, for new libraries to be established in areas of forecast population growth. Estimated capital cost for 1987 - 1996 is $4,456,275. Joint-Use Libraries 3.6 South Australia has been a standard bearer for joint-use services, with more services provided in this State than all other States combined. The success of such services here, the Committee believes, is due to the sound policy framework and the planning and operation standards that have been applied. A Joint-Use Libraries Advisory Committee considers all applications in relation to the policy guidelines before making recommendations to the Libraries Board. The School/Community Libraries Committee has also been very successful as the establishment vehicle for new libraries in rural areas and has carefully monitored their performance. The Committee was impressed with the consistency in the standards of services provided from joint-use libraries when compared with separate public libraries. This was particularly noticeable in the country areas where school/community libraries offered a cheaper, but nevertheless highly satisfactory service. The levels of public membership and use were indistinguishable between the two types of libraries. 3.7 Joint-Use Library Services with T.A.F.E. colleges have also prospered. Twelve examples of co-operative provision with local government were noted, most of which have involved placing a college or branch library collection in a neighbouring public library for community use. In four localities, however, comprehensive joint college and public library services have been established on college premises and a fifth service is in the process of being established. In particular, the success of the Noarlunga Library has demonstrated that, even in large metropolitan communities, such joint-use is able to offer additional dimensions of service not otherwise available, either to the colleges concerned or to the general public. Other joint-use services involving T.A.F.E. colleges may occur in the future, depending on developmental priorities in T.A.F.E. and the location of future colleges. 3.8 The Committee has carried out a needs analysis for future joint use libraries. A survey of schools in the metropolitan area was undertaken to establish possible joint ventures. A number of possibilities were considered, but at this stage, only the Magill and Morphett Vale East sites are currently under consideration. Possibilities also exist for joint developments in Thebarton, Tea Tree Gully at Golden Grove, Happy Valley and in the Munno Para City Council as populations expand. 3.9 The Committee noted that the potential public use of joint-use libraries in the metropolitan area was restricted by up to 40% where a site away from a major retail shopping area was chosen. In many cases potential school sites did not have the benefit of good location and had to be rejected on these grounds. In these cases, the cost savings from a joint-service would have been negated by a much restricted level of use. Location did not have the same significance in country areas where school/Community libraries up to one kilometre from the town centre still showed high levels of use. 14.The Committee recommends that: Where opportunities are presented, both councils and appropriate Government Departments seriously consider establishing joint-use or multi-use services because of the benefits to the community and the total cost-savings that result. 3.10 The Committee considered the future development of the school/community libraries programme and noted the Education Department's concern over the escalation in cost due to the increase in the number of services from twenty eight to forty six. The Committee has addressed this problem in detail and our recommendations for change are given in the chapter on School Community Libraries. The Committee does not foresee any further school/community libraries being built, except possibly Roxby Downs. All remaining unserved communities in the unincorporated areas are too small even for a school/community library. Country Lending Service 3.11 The small communities and individual homesteads not directly served by their own public library service currently receive library materials from the Country Lending Service of the State Library's Lending Service. As a result of the development programme, the number of borrowers requiring this service has steadily declined from 10,867 in 1978 to 646 in 1985. The Committee envisages that by 1987/88, the number of people eligible to continue receiving the service will be less than one hundred. It will be appropriate at that stage to transfer the responsibility for the provision of the service from the centrally provided Country Lending Service to the most appropriate local library. The Committee notes that to same extent, this is already occurring in the case of some libraries bordering the outback. Port Augusta, Peterborough and Coober Pedy have reported a number of such users. The Committee considers that additional financial support should be provided to councils where such mail services need to be provided. 15. The Committee recommends that: The mailing service presently operated by the Country Lending Service of the State Library be transferred in 1987/88 to the appropriate public library, and a grant based on the present method of paying for library services to unincorporated areas, be made to local libraries providing this service. Institutes 3.12 One of the major changes resulting from the 1978 Report was the decision to phase out the Institute subscription library service in favour of free public libraries. The 1978*]978 Report considered that the free and wide ranging service being offered by public libraries would more effectively meet the needs of the community. This has been clearly demonstrated by the membership of public libraries which now stands at 562,000, over thirty six times the Institute membership in 1978. The implementation of the Development Programme has relied very much on the co-operation of both the Institutes Association and the individual Institutes themselves. In many cases the dissolution of a long standing Institute library causes a great deal of sadness amongst its members. In all cases however, the dissolutions have come about voluntarily and considerable efforts have been made to ensure a smooth transition of services to former Institute members. In some eighteen cases, predominantly in the metropolitan area, the local Institute has continued to operate as a private library relying on the "box book scheme" which is a circulating collection operated by the Institute association. Financial support has been provided through membership subscriptions and invested funds. 3.13 Once the public libraries approved in the final stage of the development programme are opened, twenty-one subsidised Institutes will remain. Of these, at the most eight, and more likely four, are expected to continue after 1986/87. Already the viability of the "box book scheme" is causing concern and it is unlikely that sufficient income will be generated from the remaining Institutes in 1986/87 for it to continue beyond that date. H14 2023 words New South Wales State Water Plan Water Policies for the Future. A Report to the Minister for Natural Resources by the State Water Plan Task Force Water Resources Commission, New South Wales 7.2.4 Transfer of Rural Water Allocations Transfer of Irrigation Surface Water Allocations In a growing economy there is continual autonomous, or natural, adjustment by businesses to changing circumstances. Adjustment may mean changing the proportion of inputs used, the production process, the products produced, or the location of the production process. In the long term, industries will come and go, be prosperous or unprofitable and grow or shrink. The steel, coal, irrigated horticulture and dairy industries are all examples of industries that have undergone major changes in recent times. By and large, this adjustment process occurs naturally as part of the country's economic and social development and in response to trading relationships with the rest of the world. Even so, there are frequent barriers to this natural process of adjustment - barriers that may not prevent adjustment occurring altogether but rather that slow it to a degree that causes problems to emerge. Typical symptoms of these barriers are low incomes within identifiable groups and price levels that are much higher in Australia than for similar products elsewhere. State and Commonwealth Government policies for the rural sector have, since the early 1970s, paid significant attention to facilitating adjustment to change. The 1980s will continue to see policy emphasis on encouraging the rural sector to adjust to change. To do otherwise will only defer adjustment that would occur eventually anyway and which then would be more costly in terms of welfare problems and lower economic growth, and which would restrain the distribution of benefits from change. Capacity to adjust will be essential to the irrigation industry as the price of water is increased to reduce the gap between the revenue and the recurrent costs of the rural water supply and distribution systems. One means of providing farm management flexibility in the face of change, and of improving the allocation of water, is to allow transfer of water or water entitlements between irrigators on a rental or a sale (permanent) basis. A water transfer scheme can also provide progressive irrigators with the incentive and the means to substantially improve on-farm efficiency at little or no financial cost. By exploiting more water-efficient techniques such as spray, drip and micro-irrigation and land forming, a proportion of an irrigator's water allocation could become surplus to requirements. This surplus allocation could then be either rented annually or sold to another irrigator, so providing additional income which could be used to pay-off the capital invested in the new irrigation techniques and perhaps provide some additional cash as a reward for more efficient water use. Further, with the maturity of the water system, resource management, rather than further development, has become the main avenue for progress in the industry. The drought of the early 1980s, one of the worst on record, reinforced this view by confirming that storages alone could not save irrigators from prolonged drought. It is now considered that water management mechanisms aimed at providing irrigators with greater flexibility in making use of meagre water supplies might be more effective in alleviating some of the problems of drought. From the Water Resources Commission's experience with a trial surface water transfer scheme introduced for the 1983/84 irrigation season and continued into the 1984/85 season, there does not appear to be any impediment to allowing annual water transfers to continue in future. Annual water transfer arrangements would operate on the basis of the sale of a `volume' of water rather than the sale of entitlements to water. In each case, the water entitlement would remain with the existing licence holder. Because water entitlements would not be traded, changes to the Water and Irrigation Acts are not envisaged. The annual transfer arrangements could operate much like the existing temporary scheme with a number of conditions made less restrictive. In particular, the transfers would be possible in any season irrespective of the water supply situation at the commencement of the season. This is in contrast to the existing temporary scheme which only allows transfers in most river valleys if the initial allocation is less than 100 per cent and then limits the amount available for transfer to the difference between the initial announced allocation and an irrigator's full allocation. At this stage, merit is seen in allowing irrigators to trade up to an amount of water equivalent to their full allocation in any season. Permanent transfer of water entitlements (that is, the sale of water entitlements) is more complex. First, in order to ensure an effective market, permanent water entitlements need to be more specific in terms of volume and more secure in reliability of supply. The Water Act and the Irrigation Act would need amendment to allow the present volumetric allocations to become the legal entitlement in irrigation areas and districts rather than the now virtually-superseded water right. Second, permanent water transfers on a large scale may over-tax the supply capacity in some parts of the river systems, or of channels and drains within irrigation areas and districts. There are definite economies in operating area and district distribution systems at or near full capacity. Permanent transfer of water away from any part of this distribution network may erode these economies, making the systems more costly to operate per unit of delivered water and, in turn, making water more expensive for the remaining users. Significant transfer of water away from any part of the network may make it both physically and economically impractical to operate. Further, a concentration of water use in some localities could exacerbate existing or potential water logging and salinity problems. Finally, there is concern by some irrigators in the irrigation areas and districts that the introduction of marketable transfers will force the small landholder out of irrigation. There is also a concern that permanent transfers could encourage corporate interest in irrigation and, in time, permit substantial corporate ownership of irrigation area holdings. It is feared that this will mean diversion of farm profits and purchases away from local businesses and have adverse effects on civic and community amenities. There is no evidence to support these views. Marketable transfers are just like the sale or rental of any other property - the seller/renter does so only if satisfied with the price or rental. In this way, ownership of entitlements to water is similar to land ownership and the ability to trade water or water entitlements is similar to land transactions. The relative freedom from restriction of a large component of the rural land market outside the irrigation areas has not led to the demise of the family farm and there is no evidence to suggest that marketable water transfers will increase the chances of this happening. More likely, by providing the family farm with more flexibility to adjust and a means of exchanging capital assets for cash (either water rental income or proceeds from outright sale), the farm's and the local community's chances of survival and betterment will be enhanced. The concept of permanent transfers is definitely worthy of further detailed consideration. Permanent transfers are the only means by which long-term permanent changes in water demand can be accommodated. Presently, the concept of permanent transfer is not well accepted by the irrigation community and there are obvious operational and economic difficulties in its application in the irrigation areas and districts. Outside the areas and districts, licensed pumpers have expressed concern that, in periods of low financial returns (due to poor seasons or commodity prices), irrigators with substantial borrowings may be forced to sell some, or all, of their entitlement in order to meet financial commitments where otherwise financial institutions mostly would have accommodated their needs. To safeguard against such a situation, licensed pumpers argue that annual transfers provide adequate flexibility in water management. Intersectoral Transfers From a standpoint of economic efficiency, there is no reason why water should not be transferred between distinctly different uses. Increased economic efficiency will clearly result from a shift of water from irrigation, which is a relatively low value use, to other uses such as power generation, town water and industry where a demand for water for these purposes exists. It can be argued that such improvements in economic efficiency may be gained at the expense of income distribution and wealth. Because the impacts of major water re-allocation may be significant, these should be quantified and evaluated before transfers between sectors are permitted. A major consideration in intersectoral entitlement transfer is the vastly different capacity to pay of*off buyers from different sectors - industry and towns will always be able to outbid irrigators. This provides the party with the greater capacity to pay with far greater leverage in the bargaining process, particularly as irrigators generally have imperfect knowledge about water in alternative uses. This suggests that intersectoral transfers should not be by private treaty as in the annual water transfer arrangements. Rather the Water Resources Commission could `broker' intersectoral transfers - buying from irrigators at a capitalized price derived from prevailing prices for annual irrigation transfers and selling at a price in keeping with the new users' preparedness to pay. Agreement to intersectoral entitlement transfers will require detailed investigation of this and other aspects and a policy will need to be developed in close consultation with all interested parties. Annual transfer arrangements need not prohibit intersectoral transfer. Apart from very dry seasons when water sharing arrangements restrict all sectors, it is doubtful whether there are many other occasions when actual transfers would be attractive to non-irrigation users. At times when transfers may be attractive, short-term policies could be developed in consultation with all water users and applications to transfer could be assessed on a case-by-case basis. Transfer of Groundwater Allocations The rationale for allowing surface water allocations to be transferred among users has just been discussed. A similar rationale applies to groundwater. Initial allocations for the major aquifers are being determined. If these allocations are not transferable, the initial allocations will determine the long-term efficiency of water use, as the inefficient farm is allocated the same water as the efficient farm. In many respects, the relative efficiency of the initial allocations is not critical provided that re-allocation can take place over time to achieve optimum efficiency. Provisions for transferability have been included in the allocation schemes so far developed. But transferability of groundwater allocations must be governed by the physical characteristics of aquifers. The effects of excessive withdrawals in some areas, such as local drawdown of water levels, must be examined before transfers are allowed. Implicit in this is that the Water Resources Commission must have adequate knowledge of possible aquifer behaviour so that quick decisions can be made on whether individual transfers should be allowed. Transfers of allocations between different sectors - for example, irrigation and industry - to meet future demands for water, have*has also been discussed. For groundwater this is also an option, particularly if the adopted life of the aquifer is to be adhered to. However, the nature of groundwater is quite different to surface water and there are more options available to meet emerging demands. Thus, it is best if each situation is examined case by case to determine the best way to meet these demands. However, clear provisions should be available in the legislation to allow both temporary and permanent transfers of water allocations, subject to physical characteristics of the aquifer. Future Action Given that presently there is little knowledge or understanding of the social, economic and operational impacts of permanent transfers, the best course appears to be to allow annual water transfers in any season, regardless of the surface water supply situation, and to allow irrigators to trade any volume of water up to the equivalent of their full allocation. Intersectoral annual transfers should be permitted, although each proposal to do so should conform with guidelines for such transfers developed by the Water Resources Commission in consultation with local water users and other interested parties. Further investigation must be undertaken of options for permanent transfer of water entitlements of surface water and groundwater. Ultimately, permanent transfer, particularly of surface water, will be essential to reallocate water entitlements to higher value users either within a sector or on an intersectoral basis. H15 2013 words New South Wales coal resources and reserves M Sniffin, P Sayers, J Beckett 2.1 SCOPE AND OBJECTIVES The aim of this volume is to provide the following information: • To present the coal resources and reserves for New South Wales on a coalfield basis in a useable and concise format. • To present a general picture of each coalfield and to discuss: geology, mining methods, coal seam geology, seam quality, and coal utilization in each area. • To delineate areas of both sterilized or uncategorized coal and to discuss the factors which determine this. The coal resources of the Sydney - Gunnedah Basin were designated as the primary focus of this study. The smaller coal bearing provinces of the Oaklands, Gloucester and Ashford Basins have also been assessed. The Cranky Corner Basin has been included with the Newcastle Coalfield of the Sydney Basin. Minor coal deposits in the Clarence-Moreton Basin and the Clyde Coal Measures of the Sydney Basin have been excluded because of their negligible economic importance. 2.2 DEFINITION OF COAL RESOURCE AND RESERVE CATEGORIES The coal resources and reserves contained in each authorisation, colliery holding, and other areas not held by title were determined by applying the Fifth Edition of the Standing Committee on Coalfield Geology of N.S.W. "Code for Calculating Resources and Reserves", (N.S.W. Geological Survey Records 22(1), 1984), which is included as Appendix 1. A national code for reporting coal resources and reserves was ratified in April 1986 by the Government Geologists Conference and was adopted in June 1986 by the Standing Committee on Coalfield Geology of N.S.W. This code, referred to as the "Australian Code for Reporting Identified Coal Resources and Reserves" makes provision for two classes of Inferred Resources; Class 1 which is equivalent to the Assumed category of the Code presented herein, and Class 2 Inferred Resources. The Class 2 category is broadly equivalent to the previous category of Inferred Resources. The majority of the coal resource data was supplied prior to ratification of the 1986 national code and consequently resources within this document are reported according to the 1984 "Code for Calculating Coal Resources and Reserves". Coal resources for each coalfield in New South Wales have been categorized according to the level of confidence to which they have been assessed. This confidence level is dependent upon the density of exploration data available and the extrapolation of information from these points of observation (Figure 2.1). Definitions for each category (i.e. Measured, Indicated, Assumed and Inferred) are given in Appendix 1. Coal reserves in this publication are reported in categories of Recoverable and Marketable Reserves. These estimates are obtained only from the calculated Measured and Indicated Resources and then only when a mine plan exists for the extraction of the coal. Consequently, the Recoverable and Marketable (saleable) Reserves often represent only a small proportion of the reported coal resources. Application of this code allows the various categories of Measured to Inferred Resources and Recoverable to Marketable Reserves in each coalfield to be grouped on a mining method and depth of cover basis. Additional criteria for seam thickness and coal quality are incorporated into this assessment as shown in Table 2.1. TABLE In this report, potential open cut coal resources are defined as coal which occurs at depths of less than 300 metres and with a linear overburden to coal thickness ratio (stripping ratio) of less than 10:1. Although mine plans exist for deep open cut deposits, coal is presently being mined to a limit of approximately 150 metres when the stripping ratio is 6:1 or less. Most current open cut mines in New South Wales range from 60 to 80 metres deep with stripping ratios ranging from 5:1 to 7:1. The majority of underground mines in the State are operating at depths of less than 300 metres where linear overburden to coal thickness ratios exceed 10:1. The minimum mineable working thickness is usually 1.5 metres which allows miners and machinery to operate comfortably. Most underground mining in New South Wales is by bord and pillar methods using continuous miners to extract the coal, but an increasing number of longwall units are being installed in the Southern, Western and Newcastle Coalfields. In 1984/85 twelve longwall units were in operation with an additional two installed in the latter part of the year. The average output per unit/shift totalled 1,547 tonnes compared with 337 tonnes for the 238 continuous miners in use. Increasing amounts of underground recoverable coal are being explored for and mined in the 300 to 600 metres depth category. This is especially true in the Southern Coalfield which contains the only source of premium hard coking coal in New South Wales and therefore mining at great depths is economically feasible. However, it is considered that the 600 metres "economic" depth limit which is presently applied to the reporting of resources will be increased in the future. Large areas within most of the major coalfields are poorly explored and data are insufficient to allow resources to be reported according to any of the categories defined in Appendix 1. Coal resources in these areas have been grouped as either "uncategorized" with an estimate given of the total in situ resources or as "sterilized" with reasons given for this description. The reporting of coal resources and reserves in this report is limited to the criteria which are outlined in Table 2.1. In addition to this, resources and reserves for each coalfield are divided into authorisation areas and colliery holdings. Where possible, individual coal seam names are identified, otherwise resources and reserves are quoted by formation or subgroup categories. This study represents the collation of all available coal resource data from current coal exploration authorisations, exploration permits, unallocated areas, and colliery holdings in New South Wales. 2.3 ACKNOWLEDGEMENTS The Joint Coal Board collected and assessed resource and reserve data from the colliery holdings. All other information referred to above was assessed by the Coal Geology Branch of the Department of Mineral Resources. Statistics used in the diagrams were compiled from preliminary tables of the Joint Coal Board statistical yearbook "Black Coal in Australia 1985- 86". The overall assimilation of data, writing of text, preparation for publication, and editorial responsibility was conducted by the authors. Acknowledgement to the following persons is made for their time and effort in compiling the enormous amount of material which went into preparing this report: C. Barto was responsible for contacting companies and assembling the coal resource and reserve data; M. Ives, B. Kirby and C. Shekhar, geologists with the Joint Coal Board, supplied the colliery holding data; N. Clarke and P. West contributed information for same of the chapters. Overall editorial comment and advice was the responsibility of A. Galligan. D. Fitzmaurice, K. McDonald, G. Stewart, and A. Valja drafted the figures for the text, while photographs were supplied by D. Barnes and M. Sniffin. The manuscript was typed by A. Pagano. 3.1 INTRODUCTION Eight important coal rich areas are discussed in this report. They are the Western, Hunter, Newcastle, and Southern Coalfields of the Sydney Basin; the Gunnedah Coalfield of the Gunnedah Basin, and the Gloucester, Oaklands, and Ashford Basins. The Cranky Corner Basin is included as part of the Newcastle Coalfield. The locations of these coalfields are shown in Figure 3.1. Minor coal bearing sequences in the Clarence-Moreton Basin and the Clyde Coal Measures of the Sydney Basin are excluded from this report. The boundaries used for the coalfields of the Sydney-Gunnedah Basin are those adopted by the Standing Committee on Coalfield Geology of N.S.W., (N.S.W. Geological Survey Records 22(1), 1985). Table 3.1 is presented here to show a broad stratigraphic correlation of the major coalfields and coal-bearing basins in New South Wales. As exploration continues and more data are analyzed, the accuracy of correlation and definition of stratigraphic boundaries will continue to improve. The Sydney-Gunnedah Basin contains the majority of coal resources in New South Wales. It extends for up to 500 kilometres in a northwesterly direction from Ulladulla in the south to beyond Narrabri in the north. The coal bearing rocks of the Sydney-Gunnedah Basin are Permian in age. Overlying rocks of Triassic age or younger generally form prominent scarps, particularly in the Western and Southern Coalfields. Mining methods, either open cut or underground, are often dictated by the presence of this younger cover. The coalfields of the Sydney - Gunnedah Basin offer a broad variety of coal types and these are outlined in Table 3.2. Quality ranges from low volatile matter, hard coking coal, to high quality, low ash thermal coals. Most of the coal produced in New South Wales is beneficiated by washing. Depending upon market requirements, different coal types may be recovered from the one coal seam. In addition, many coal types are produced by blending different coals at the port where stackers and reclaimers can achieve a specified product. Relevant information about geology, inherent quality, mining methods, and production from each coalfield is presented in the following discussion. A more detailed assessment, including the coal resources and reserves, is given in the individual coalfield chapters. TABLE 3.2 WESTERN COALFIELD The Western Coalfield (Figure 3.1) is bounded to the west by the western limits of Permian Coal Measures subcrop. It adjoins the Gunnedah, Hunter and Southern Coalfields to the north, east and south respectively. The main coal bearing strata are contained in the Illawarra Coal Measures. The major seams in the southern and northern areas of the Western Coalfield are: list The Illawarra Coal Measures are overlain by thick Triassic sandstone (Narrabeen Group) over most of the southern area. Coal is mined primarily using underground mining methods. Currently 13 underground mines and two open cut mines are in operation. The Western Coalfield contains substantial resources of high specific energy thermal coal. Both domestic and export power generation and cement industry markets are supplied. Quality characteristics of the major seams as mined (Lithgow, Katoomba, Ulan) typically yield coals with medium to high ash, low to moderate sulphur, and medium to high volatile matter content. Production in 1985/86 from the 14 collieries in the Western Coalfied totalled 13.8 million tonnes raw coal (Joint Coal Board figures). A large part of this production came from the Ulan open cut operation (6 million tonnes) and the Clarence Mine (1.6 million tonnes). 3.3 HUNTER COALFIELD The Hunter Coalfield is bounded to the northeast by the Hunter Thrust System. It adjoins*ajoins the Newcastle, Southern, Western and Gunnedah Coalfields to the east, south, west, and north respectively (Figure 3.1). The coal resources of the Hunter Coalfield are contained primarily in the Wittingham and Greta Coal Measures. Up to 60 coal seams occur in the region, the most important of which are listed below: lists In terms of both coal resources and current production, the Hunter Coalfield is the largest of the State's coalfields. Most of the coal occurs at comparatively shallow depths and consequently production is primarily from large scale multi- seam open cut mines. Currently 13 open cut mines and 7 underground mines are in operation in the Hunter Coalfield. Five coal lease application areas are also pending, and exploration in 34 coal authorisation areas is actively assessing the resource potential of the coalfield. Both export and domestic markets are supplied from the Hunter Coalfield. Several different coal types are produced which include: • Low ash, medium volatile matter content, soft coking coal for export. • Low to medium ash, medium to high volatile matter content, low sulphur thermal coal for export. • Medium to high ash, medium volatile matter content, low sulphur coal for domestic power generation. Most of the export coal is washed and much of it is blended into commercial blends of high and consistent quality. Raw coal production from the Hunter Coalfield during 1985/86 totalled 28.8 million tonnes. Underground production totalled 4.9 million tonnes while open cut production was 23.9 million tonnes. This represents 37 per cent of the total coal production in the state of New South Wales. 3.4 NEWCASTLE COALFIELD The Newcastle Coalfield extends along the coast of New South Wales from the Hawkesbury River in the south to the edge of the Hunter Thrust fault system in the north. H16 2006 words Draft coastal management plan Shire of Coorow By L. A. Lobry de Bruyn 2.5 2.5 COASTAL PROCESSES 2.5.1 Introduction For any firm conclusions to be made on coastal processes one would need quantitative data on wind, wave and tide regimes, beach near-shore morphology, and the sediment budget for each bay. However, the above data are not available for the project area. The following techniques were the only ones available which could be used to deduct coastal processes. The techniques are aerial photo+graphical interpretation, qualitative observation, extension of studies completed in adjacent areas and the educated opinion of resident coastal geomorphologists. 2.5.2 Winds Summer winds are generally easterlies in the morning and become south-south westerlies in the afternoon. The dominant winds are south westerlies which blow mostly between 11 kph and 30 kph. It is believed that wind speeds greater than 10 kph are responsible for sand movement (Wood and Grieve, 1978). In winter, wind direction may vary from the north west through to the south. The Bureau of Meteorology wind records indicate the main direction and speed of the winds at Jurien Bay (the closest meteorological station to the project area). During the passage of a tropical cyclone the wind direction may vary but usually they are north to north westerlies. 2.5.3 Waves The coastline is dominated by two major wave forms - swell and wind waves. Swell waves are generally propagated from the south-west but their direction may be altered, as they approach the coast, by offshore features such as reefs and islands or due to extensions of the shoreline by using structures such as jetties. The swell waves are diffracted and reflected and break on the beach parallel to the shoreline. Waves refract and bend towards the headlands because of the offshore shoal area associated with the headland. The wave energy is therefore concentrated on the headland, and the wave heights there may be several times as large as in the adjacent embayments. 2.5.4 Tides The project area on a world scale consists of a mixed tidal regime that is predominantly either diurnal or semi-diurnal (Davies, 1980). In the mixed tidal regime there are two highs and two lows per day which are not of the same magnitude. The tidal range is low and at the spring tides the tidal range is approximately less than 2 m. Since the tidal range is low in the project area the influence of tide-induced currents is limited to constrictions between islands and around headlands. 2.5.5 Sediment Budget There are various inputs and outputs in the sediment budget. The inputs consist of littoral drift in, onshore transport, and cliff erosion, while the outputs are littoral drift out, offshore trans+port and dune migration. Each of the above components will briefly be discussed (FIGURE 2). FIGURE The term "sink" is used to cover all those processes whereby sediment is lost to the coastal system. The first sink is represented by the migration of dunes inland where they can no longer be acted on by waves at times of storm activity and the second by transport offshore onto the seafloor. Parabolic dunes seem to develop when the dune is no longer receiving new sand and begins to wander inland. As the dune travels, the sand body at the head is progressively exhausted and the two trailing edges develop into long slightly converging ridges. The development of such a sequence requires not only time but the frequent occurrence of high velocity winds from one major direction. In the project area the wind transport is mainly from the south-south west so that the parabolic dunes are orientated in a north-south direction. The natural development of dunes depends on a fortuitous sequence of events and circumstances. Transport of sediment occurs in conjunction with nearshore cell circulation and littoral drift. The nearshore cell circulation consists of rip currents and feeding longshore currents and is normally generated by variations in the wave breaker height along the length of the beach. The longshore variations in wave height may be produced either by wave refraction causing divergence and convergence of the wave rays or by edge waves trapped in the nearshore interacting with normal swell waves. Alternative explanations for nearshore circulation have been developed by Hino (1975) and Sonu (1972). Longshore currents may also be produced by waves breaking at an angle to the shoreline. Exactly what processes cause longshore currents in the project area can not be ascertained. However, longshore movement of sediment at any beach is the sum of transport under all the individual wave trains arriving at the shore from numerous wave generation areas. The beaches in the project area have north-south orientations and during summer sand may move northward for a time due to waves arriving from the south to south-west and then later move to the south in winter under waves coming from the north. The result of north and south longshore drift is a net dominance of the northward transport system. Thus a small amount of sediment is continually being moved to the north. This phenomenon is responsible for the asymmetric growth of beach ridge plains and erosion on their southern flanks. 2.5.6 Shoreline Stabiity and Coastal Erosion The recession hazard can be categorised into two main types which pose significantly different problems to the coastal planner - the beach sand cycle and secular recession. Beach Sand Cycle The commonly perceived definition of the beach is the interface between the ocean and the land at a particular instant. In reality, this zone is not static but varies within a definable zone depending on the existing weather conditions. During storm events the back beach escarpment will move landward as sand is moved offshore to form storm bars which dissipate the wave energy. In contrast, during periods of calm weather the sand gradually moves back onshore from the bar, rebuilding the beach and an incipient foredune. The term used to describe the area which encompasses the accreted and storm profile is the dynamic swept prism (Chapman and Smith, 1980). This situation does not involve any nett loss of sediment from the beach system. However, if development is allowed within this dynamic swept prism it may be threatened or lost during a severe event (FIGURE 3). Secular Recession Secular recession is an ongoing landward movement of the erosion escarpment associated with an average sediment loss from the coastal compartment. Therefore to assess or predict shoreline stability various techniques could be used (May et al., 1983). However, sediment budgets are generally used to assess the medium term stability of the shoreline. No such investigations have been completed for the area. From preliminary investigation (29-31 May) of the project area the northern ends of the crescentic, sandy bays appear to have wider beach widths and are backed by a series of beach ridges. Thus, one could assume that the northern ends of the bays are prograding or at least have been prograding in the past. However, these areas also have consolidated parabolic dunes indicating periods of high sand influx and instability. Hence, shoreline instability results from an inbalance between sediment removal and sediment supply to the coast. The natural beach exhibits short-term fluctuations which are in dynamic equilibrium while over a greater period of time it may be prograding or receding. Beach Erosion Woods (1984) placed the project area into Region 5 (Kalbarri to Cape Naturaliste). This section of coastline is characterised by long, sandy beaches and rocky limestone headlands, reefs and islands. The sandy bays are crescent-shaped and are orientated towards the north. The modal form of the beaches in the project area is extremely low energy due to the presence of offshore islands and reefs. However, the area does experience high energy conditions with the passage of extra-tropical cyclones across the coastline. During the field trip (29-31 May) minor erosion was observed. For example scarping or cliffing along the foredune South of Leeman, erosional cusping along the summer berm at South Bay and vast accumulations of seaweed. Erosion was more prominent along the southern and central portions of the sandy bays. The beaches at South Bay, Squatter Settlement 1, south of and including Dynamite Bay, north of Leeman and Green Head jetty are showing evidence of erosion. Old dunes are progressively being cut back, bench marks have been exposed and there is scarping as well as erosional cusping along the sandy bays. At Squatter Settlement 1 (closest to Green Head) and north of Green Head jetty the erosional events are not as recent as vegetation has recolonised the dune system and there is a layer of humus underlaying the vegetation. In contrast, where the foredunes are low or non existent the beaches are more stable and are probably prograding. Most of the erosional activity is asssociated with activities such as tracking, off road vehicles, and squatter settlement. 2.6 GEOMORPHOLOGY Hesp and Gozzard (1983) have included the project area within a description and land use capability study of coastal lands from Dongara to Green Head. They identified seven geomorphic units within the area. The units are Pleistocene Barrier complex, Deflation basins, Parabolic dunes, Active parabolic dunes and blowouts, foredunes and beach. These geomorphic units are the result of a complex interaction between geology, climate, vegetation, soils and coastal processes. The geomorphology of the area was mapped by aerial photographic interpretation at 1:25 000 scale using 1978 aerial photographs. To check the reliability of the aerial photographic interpretation a field reconnaissance of the area was conducted by Hesp and Gozzard (1983). The main characteristic of each geomorphic unit is outlined below (FIGURE 4). Pleistocene Barrier Complex This geomorphic unit is equivalent to Tamala limestone which outcrops extensively to form rocky headlands and pools as well as submarine shelf chains and islands. The barrier complex consists of cemented aeolian calcarenite (limestone) and is often covered by a veneer of Safety Bay Sand. Parabolic Dunes The geological equivalent of the parabolic dunes is the Quindalup dune system. The parabolic dune system represents more recent (Holocene) activity which has camouflaged the Pleistocene dune ridge complex. They are orientated in a north-south direction (parallel to the coast) which is the dominant wind direction. Active Parabolic Dune lobes and blowouts are at South Bay and north of Green Head. They are usually formed during periods of high sand influx and are later cutoff by vegetation recolonisation when the sand supply decreases. The active parabolic dune lobes continue to advance (approximately 1-9 m/yr) in a northern direction. Deflation Basins These areas are the flat and gently undulating erosion plains which are bounded by the active and inactive parabolic dunes. Foredune This unit may be made up of active and relic beach ridges. The ridges are asymmetric and can be vegetated or semi-vegetated. The geological equivalent is Safety Bay Sand and in some sections Quindalup Sand. Beach The beach is the active surf/swash zone and is a highly dynamic process area. 2.7 TERRESTRIAL FAUNA 2.7.1 Mammals and Birds Chapman et al. (1977) completed a case study of the Cockleshell Gully Reserve which is included in the project*theproject area. Chapman and Kitchener (1977) found thirteen native mammals and six exotic mammals. An annotated list of mammals is included in APPENDIX 1. With the exception of Sminthopsis granulipes all mammal species recorded in this survey were previously known to inhabit the west coastal sand heaths between Moore and Murchison Rivers. In contrast to the mammalian community the birdlife of the area is rich and diverse. There have been a total of 146 species of birds recorded from the area. The Cockleshell Gully area is relatively undisturbed by clearing or mining and therefore it is of considerable importance in maintaining large breeding populations of birds. Thus, the area is viewed as "the most important portion of the southwest for conserving coastal passerine birds" (Dell and Johnstone, 1977). The area is very rich in heath-dwelling species. The genus Malurus is represented by four species, and the genera Stipiturus, Sericornis, Calamanthus and Acanthiza are present. Similarly, the islands of the area, especially the Fishermen Islands, are important breeding grounds for nine species of sea birds and waders. H17 2014 Journal of Agriculture Western Australia More lambs from feed and chemical treatments By K. P. Croker, Research Officer, Sheep and Wool Branch The ovulation rate, or the number of eggs shed per ovulating ewe, represents the upper limit of the capacity of a flock of ewes to produce lambs. Several methods can be used to increase ovulation rates and lambing percentages of ewes, including selection for better breeding, feeding and the use of chemicals. The potential for improving the reproductive performance of Western Australia's ewe flocks by the use of different approaches to breeding was discussed by L.G. Butler and R.P. Lewer in the Journal of Agriculture in 1983. This article mainly discusses the research conducted by the Department of Agriculture's Sheep and Wool Branch on the supplementary feeding of ewes with sweet narrow-leafed lupin seed (Lupinus angustifolius) and the more recent investigations of the technique of immunisation to change the levels of some of the sex hormones in ewes. Both methods can increase ovulation rates and subsequent lambing percentages. Improved nutrition Farmers can give ewes more nutritious feed before and at joining to increase ovulation rates. Flushing Ewes can be flushed to improve their lambing performances by placing them on a high plane of nutrition before the start of joining. This practice has long been used by farmers. Many experiments on flushing ewes in this way in Western Australia and elsewhere have shown that both increasing ewe liveweight, as well as the liveweight at mating, influence ovulation rate and lambing performance. Research at Beverley, Western Australia, as early as 1941 showed that more twin lambs were born to Merino x Border Leicester crossbred ewes grazing a paddock with oaten stubble and unharvested field peas for seven weeks, starting two weeks before the entire rams were joined with them in mid December (Table 1). Although it appears that flushing flocks produces only small gains when the ewes are in good body condition, there does not seem to be any valid reason for reducing the liveweight amd condition of ewes before starting to feed them up again. The body condition of ewes at joining, which is an assessment of fatness as distinct from liveweight, also influences lambing performances. Ewes gaining in body condition have higher ovulation rates. Therefore, ewes should be managed so that they are in good body condition at the start of joining. Farmers can do this by adjusting stocking rates to increase the amount of paddock feed available to ewes. In Western Australia's major sheep-grazing areas the quantity as well as quality of paddock feed gradually deteriorates after pastures dry off. Because of these changes to paddock feed, larger increases in lambing percentages would be expected from ewes flushed in January and February. By then, ewes often have lost weight and condition. However, there are no experimental results indicating that this is a better time to flush ewes rather than in November and December. Feeding sweet lupin seed In the early 1970s research at the University of Western Australia and the Department of Agriculture showed that feeding ewes sweet narrow-leafed lupin seed at joining could increase ovulation rates and lambing performances. It was suggested that feeding lupin seed, which contains about 30 per cent crude protein, overcame the low levels of protein in dry pastures thought to be responsible for the poor lambing percentages that are common in the agricultural area. Apart from containing high levels of protein and energy, sweet lupins are a safe supplement to feed to ewes who readily eat the seeds once they are familiar with them. The degree of response in ovulation rate was related to the amount of lupin seed eaten. More consistent results were obtained with daily supplements of 250 grams per head or more (Table 2). These early experiments in the 1970s showed that there was a positive relationship between ovulation rate and the number of ewes which lambed when lupins were fed to them during joining. By increasing ovulation rate, more ewes lambed and more twins were born. Ewes seem to respond to lupin supplements soon after feeding starts. In an experiment at Merredin ovulation rate increased eight days after feeding lupins (Table 3). Independent research at the University of Western Australia showed that ovulation could be increased after only six days of feeding. Therefore, it would appear that ovulation rate can be increased without measurable changes in liveweight because these feeding periods are too short for significant changes in weight. The results from the initial experiments also indicated that 2.5-year-old ewes were not as responsive to lupin supplements as were older ewes. It was subsequently shown that ovulation in 1.5-year-old ewes was not increased after feeding either 250 or 500 g of lupins per head per day. Ovulation rates of 2.5-year-old ewes increased only when 500 g of lupins per head per day were fed, whereas older ewes showed increases in ovulation at both feeding rates (Table 4). Other research by the University of Western Australia at Northam during the spring, summer and autumn of 1975-76 showed that when ewes were fed 750 g of lupins per head per day ovulation rates increased in October, January and February, but not in December. In contrast, observations by the Department at Beverley on ewes which received 250 or 500 g of lupins per head per day over similar periods in 1975-76 and 1976-77 showed no consistent effect of season on ovulation rates, although there were slight, but not statistically significant, increases in the ewes fed the bigger amount. These ewes produced more twins. Perhaps more lupin seed is necessary to obtain consistently large ovulation responses at the various times of joining. Results from the Department's experiments between 1972 to 1977 were examined. They indicated that ovulation rates and lambing performances of ewes 3.5 years and older could be economically increased by feeding the equivalent of 250 g of lupins per head per day to `teased' ewes for 14 days before the entire rams were joined with them and until day 17 of joining. On-farm trials The potential application of this method was examined on 50 farms and with 22 800 mature ewes in the agricultural area between 1977 and 1982. Three series of trials compared the lambing performances of unsupplemented flocks with those fed lupins. In the first series, the supplemented ewes received 250 g of lupins per head per day. Because these trials showed a large variation in responses to lupin supplements, a second series was conducted in which nearly all trials had an additional group which received a daily supplement of 500 g of lupins per head. In the last series of trials, ewes on properties which had marked 60 per cent or fewer lambs during the preceding five years were fed lupins at 250 g per head per day to determine whether worthwhile increases in lambing percentages were obtained. The overall results from these on-farms studies did not show any significant increase in the lambing performances of the supplemented ewes. As was found at Beverley, there was no difference in response between the various times of joining. However, there was a large variation between farms in the differences between the unsupplemented and supplemented ewes in the percentage of lambs born, ranging from 14 per cent fewer lambs born to the supplemented ewes in one trial to 21 per cent more lambs born to these ewes. Increasing the supplementary feeding rate to 500 g per head per day did not overcome the variability in the lambing response. In the third series of trials where the properties were selected on the basis of previous poor lambing performances, the unsupplemented ewes had good lambing figures (93 per cent lambs born). Perhaps, as a result, this is the reason that supplementation did not significantly increase the percentage of lambs born. The results from the on-farm trials may be associated with a potential clover disease problem. In series 1 and 2 trials, the best results were obtained from the Bunbury area where it had been previously shown that sub-clinical clover disease depressed lambing performances of ewes. The results obtained from this area and, for comparison, those from Merredin, a non-clover pasture area, are shown in Table 5. On the properties in the Bunbury area less than 80 per cent of ewes lambed whereas in the Merredin area between 88 and 94 per cent of ewes lambed. However, the apparent association of large responses to lupin supplements where subterranean clover pastures may depress lambing percentages has not been examined experimentally, so that confirmation is still required. A place for lupins? Although the Department of Agriculture has conducted many experiments between 1972 and 1982 on feeding sweet lupin seed to ewes to increase ovulation rates and lambing percentages, it is still not possible to recommend that lupins be used to improve lambing performances on all farms. The major problem is determining which ewe flocks can be supplemented successfully and what causes the tremendous variability in the lambing performances of flocks after supplementation. This is the basis of our search for the components of lupins which affect ovulation rates, as discussed in `Ovulation rate of ewes - role of energy and protein' on page 36. Chemicals A range of pharmaceutical products is available which can influence the reproductive efficiency of sheep. Of relevance here are those which can increase ovulation rates and so provide an opportunity to improve the lambing percentages of flocks. PMSG Pregnant mare serum gonadotrophin (PMSG) can be used to stimulate an ewe's ovaries directly. According to the dosage given, it can produce moderate or very high ovulation rates. There are several problems with the use of PMSG. It must be used either in conjunction with techniques which synchronise oestrous or with the careful monitoring of natural oestrous. It must be injected on the 12th to 14th day of the oestrous cycle. The hormone is expensive and adds considerably to the cost of production. Also the response to it are highly variable, both within and between ewes. PMSG can only be obtained on a veterinarian's prescription. Immunisation against ovarian hormones After the discovery in the early 1970s that ovulation rates of ewes were increased when they were immunised against the sex hormones oestrone (a female hormone) and androstenedione (a male hormone), CSIRO developed a new method of producing more twins from ewes. The ewes are injected with a hormone-protein compound that will stimulate antibody production. The antibodies neutralise some of the naturally circulating sex hormones, which results in the release of two eggs instead of one in some ewes. An important part of the development of this technique has been to find what level of antibody production is needed to stimulate above-normal lambing performances without the harmful side-effect of having triplets or quadruplets. The first experiments with the immunising compounds were conducted by CSIRO at Armidale, New South Wales, in 1977-78 and led to significant increases in ovulation. Evaluation of the compounds started in Western Australia in 1980 because the strain of Merino and the field environment here differ from those examined by CSIRO. The initial experiments were conducted on the Department's Wongan Hills Research Station with Merino ewes which were 2.5-years-old when first immunised. The results are shown in the figures. During these investigations, CSIRO's scientists were `tailoring' the compounds (immunogens) and procedures to give the right biological response. Hence, there were slight differences between experiments. However, in this State injections of the immunogens increased ovulation rates and resulted in more lambs being born. In late 1983 an anti-androstenedione compound which had been developed under an agreement between CSIRO and Glaxo Australia Pty Ltd was released commercially as Fecundin ®. Subsequently, the Department began to evaluate the responses to immunisation with Fecundin ® of Merino and crossbred ewes on commercial properties. On-farm trials In 1984 crossbred ewes on properties at Moora and Rosa Glen and Merino ewes on properties at Darkan, Jingalup and Chowerup were treated. At Moora the ovulation rate of the untreated ewes was 1.31 whereas it was increased to 1.77 in the immunised ewes, but only 9 per cent more lambs were marked in the immunised ewes. H18 2011 words The Law Reform Commission Report No 3 - The Recognition of Aboriginal Customery Laws 17. Aboriginal customary laws and the criminal justice system It is, no doubt, a question of high legislative policy whether tribal aboriginals, who are unable to understand the concepts of the ordinary law, ought to be tried under that law. Ngatayi v R (1980) 30 ALR 27, 34 (Gibbs, Mason, Wilson JJ) The existence of two systems of law side by side, the prevailing one and aboriginal customary law, with their very different attitudes to guilt and responsibility, creates serious problems and the question of how far our laws should apply to aboriginals and how far their law should be allowed to apply to them is controversial. id, 36-7 (Murphy J) 393. The Commission's Terms of Reference. The Terms of Reference refer to the `diffi+culties that have at times emerged in the application of the existing criminal justice sys+tem to members of the Aboriginal race', and require the Commission to investigate, among other things: a) whether, and in what manner, existing courts dealing with criminal charges against Abor+igines should be empowered to apply Aboriginal customary law and practices in the trial and punishment of Aborigines; and (b) to what extent Aboriginal communities should have the power to apply their customary law and practices in the punishment and rehabilitation of Aborigines. Although the Reference is not restricted to the recognition of Aboriginal customary laws in the criminal law, a particular concern of the Reference is the difficulties often experi+enced by Aborigines dealt with by the Australian criminal justice system (and, equally, by the criminal justice system in dealing with those Aborigines). These questions are consid+ered in this part of the Report. In this chapter it is proposed to set out the basic factual and comparative background, and to outline the various issues which arise in considering the recognition of Aboriginal customary laws in the trial and sentencing of Aborigines. Chapter 18 will consider the problems arising with the substantive criminal law in its ap+plication to Aboriginal defendants, including the question whether a new defence should be recognised based on Aboriginal customary laws. Chapter 19 discusses the converse question, whether Aboriginal customary laws should themselves be imported into the general legal system in some way, so as to be a basis for criminal liability and punish+ment under the general law. Chapter 20 discusses procedural as distinct from substantive forms of recognition of Aboriginal customary laws in this area. Finally, Chapter 21 dis+cusses in more detail questions of the sentencing of Aborigines convicted of offences, and in particular the application of `customary law and practices' in their punishment and re+habilitation. The Statistical Background 394. The Disproportionate Impact of the Criminal Justice System. That Aborigines are subject to the general criminal law has long been established. Great difficulties have sometimes been experienced in the trial of traditional Aborigines, whose comprehension not only of the forms and procedures of their trial but also of the substance of the charge is often slight or even non-existent. But, despite difficulties in particular cases, the crimi+nal law has been applied to Aborigines in all its aspects. The results of its application are now so well known as to be notorious. Aborigines are grossly over- represented in Aus+tralian criminal statistics, both in terms of conviction rates and rates of imprisonment. In her `pioneering study', Dr Eggleston pointed out that in Western Australia in 1965, Abor+igines, who constituted 2.5% of the State's population, were convicted of 11% of offences and made up 24% of the prison population. In South Australia in the same year, Abor+igines (0.7% of the population) accounted for 14% of the admissions to prison. This over-representation, she found, was not only the result of different patterns of criminality, but of differences in arrest, prosecution and sentencing practices. Although the distribution of offences has changed since the 1960s, the overall situation remains similar. National Prison Census figures for 1984 indicate that Aborigines, while less than 2% of the Austral+ian population, comprise approximately 10.5% of the prison population. The rate of im+prisonment of Aborigines is over 16 times that of non- Aborigines. On a State by State basis the rates are as follows: table omitted Indeed, it is possible that these figures understate the real situation, at least with respect to some classes of offence. In a study of violent crime on Queensland Aboriginal reserves, Dr Paul Wilson found an annual homicide rate (for the 17 communities studied) of 39.6 per 100 000, compared with a rate for Queensland of 3.28 and for all Australia of 4.0. The rate of serious assault on these reserves was also far greater than the Queensland rate. Assault is far more likely than murder to be ignored by white police, to go unreported, or to be dealt with informally by Aboriginal police on reserves. But even with assault we find the same bleak picture emerging from the statistics. The rate for serious assault charges on reserves is 226.05 per 100 000 compared with a Queensland figure of 43.85. So, although the reported Ab+original rate is five times greater than for that State as a whole, the enormous `hidden' assault rate - crimes not reported - is probably 10 to 15 times the State or national figure. 395. The Position with Minor Offences. The exorbitant crime and imprisonment rates recorded in these studies are not confined to serious or violent crimes. At least in recent times, a high proportion of Aboriginal offences has been of a minor, repetitive, some+times even trivial character. The New South Wales Anti-Discrimination Board in a study of street offences by Aborigines found that: in 10 NSW towns with high Aboriginal populations, Aborigines charged with minor offences in public places greatly outnumber non-Aborigines. The behaviour resulting in the charges was in the main of a trivial nature, the majority of offences involving the use of unseemly words. Penalties, too, have a more severe impact on Aboriginal people. An appreciable num+ber of those convicted and fined in the 10 towns in this study went to jail rather than pay the fine, even though jail is not a punishment option available under the Offences in Public Places Act. In South Australia between 1 January 1983 - 30 June 1983, 34% of all persons convicted of `drunkenness', `minor street offences' and `offences against order' were Aboriginal. In country areas a similar pattern emerges to that in NSW: A study of court records ... show that courts servicing communities with a substantial Abor+iginal population ... have markedly higher rates of imprisonment for vagrancy offences and fines and imprisonment for public drunkenness offenders than other courts. An Aboriginal de+fendant charged with of+fensive behaviour before the country courts in this State is five times more likely to receive a prison sentence and six times more likely to be refused bail than non-Aboriginals. The National Prison Census of 1984 indicates that 14.3% of all persons in prison for `of+fensive behaviour' offences are Aboriginal or Torres Strait Islander. Aborigines and Torres Strait Islanders are similarly disproportionately*disproprotionately represented for other `good order' offences (26.5% of all prisoners) and for justice procedure offences eg breach of bond (17.3%). Changes in the law aimed at remedying this situation - such as the decriminalisation of intoxication or reform of the law relating to street offences - have often not produced the desired result. Such changes do not necessarily lead to a reduc+tion in the level of contact by Aborigines with the criminal justice system, and especially with the police. 396. Aboriginal Juvenile Offenders. The statistics for juvenile offenders present a similar picture. For example, in the Northern Territory in 1983-4, 400 of the 894 appearances (44.7%) by juvenile defendants in criminal cases were made by Aborigines; in Western Australia in the same year the figure was 1173 of 8266, (14.2%)." As the Director of the Office of Crime Statistics in South Australia has pointed out, such figures: consistently ... show that young Aboriginal people suspected of offending are: • more likely to be arrested than summonsed; • more likely to be referred to courts rather than to aid panels (during the first half of 1982, 64% of young Aboriginal defendants went to court, compared to only 36% of other defend+ants - penalties imposed by aid panels generally are far less severe than courts); • more likely to have been remanded in custody. 397. What do the Statistics Mean? Commenting on earlier but similar Aboriginal im+prisonment rates the then Director of the Australian Institute of Criminology said: These are dramatic rates of imprisonment by any standards and for any community. Just to quote them is to question their justification. You have to believe either that Aboriginals are the most criminal of minorities in the world or that there is something inherently wrong with a system which uses imprisonment so liberally. The problems reflected by these statistics cannot be attributed to any one cause, whether this is actual offending rates, the problematic definition of offences in some cases, or dis+criminatory policing. The situation - or rather, the range of situations - which underly the statistics is undoubtedly the product of a variety of factors. But understanding of these remains limited, and the need for careful assessment of the present position, as well as for appropriate action, is obvious. Where the situation described in these studies and reports results from discriminatory policing, steps should be taken to prevent such dis+crimination in future. To the extent that it results from insensitive application of the law, the law or its administration should be appropriately reformed. To the extent that it re+sults from poverty, social and educational deprivation and poor standards of health (en+gendering attitudes of apathy, boredom or despair) these should be confronted and if possible remedied. To the extent that it results from alcohol or petrol sniffing, the pro+vision of appropriate rehabilitation and support services should be encouraged. All this is well enough known and ought to be generally accepted. In many areas some steps have been or are being taken, by or in collaboration with Aboriginal agencies and organisa+tions, in the directions suggested above. But the question remains: what is the relevance of these statistics for this Reference? To what extent are they the product of non- recognition of Aboriginal customary laws? Do they reflect problems experienced by all Aborigines, or only certain groups? Are the problems a product of conflict between the general law and Aboriginal customary laws, and if so, to what extent can they be re+solved through their recognition? 398. Large Heterogeneous Communities. Many Aborigines, including many traditionally oriented Aborigines, now live in much larger groups than was usual in pre-contact times. Many of these groups comprise people from different language groups and localities, with consequent dislocation and disharmony. The survey of Queensland re+serves conducted by Wilson: found two distinct clusters of reserves. One cluster had a very high rate of violence and the other was relatively low, although the latter rate was high by white standards. Examples of communities where violence rates were high included Palm Island, Weipa South and Yar+rabah, where the average rate of violence was 7.07 per 1000 people. Those in the low-violence group (with a violence rating of 2.31 per 1000) include Lockhart, Doomadgee and Aurukun. High violence reserves were marked by a number of characteristics: alcohol was legally avail+able; they had only low to medium levels of traditional culture; they had relatively high popu+lations; most importantly, they were reserves that had received displaced Aborigines from other areas. Palm Island was originally established as a penal settlement. Weipa South had taken in people forcibly removed by police from their tribal lands at Mapoon, as well as others from Aurukun and Edward River. Yarrabah has people from a number of tribes. Re+serves with a lower rating had nearly the reverse pattern: they were communities in which al+cohol was not legally available; where relatively high levels of traditional culture survived; they had low populations; they were generally isolated from white influence; they were not re+ceivers of people forced from their traditional areas. These trends in violence and destruction on Aboriginal reserves point to explanations which are familiar to observers of other societies. H19 2023 words The Law Reform Commission Report No 30 - Domestic Violence AUSTRALIAN CAPITAL TERRITORY Crimes (Domestic Violence) Ordinance 1986 An Ordinance relating to domestic violence PART I - PRELIMINARY 1. This Ordinance may be cited as the Crimes (Domestic Violence) Ordinance 1986. Commencement 2. This Ordinance shall come into operation on a day to be fixed by the Minister by notice published in the Gazette. Interpretation 3. In this Ordinance, unless the contrary intention appears - "child", in relation to a person, includes - (a) an adopted child of the person; (b) a step-child of the person; (c) an ex-nuptial child of the person; and (d) a child of the person or of the spouse or de facto spouse of the person, being a child who is or was, at the relevant time, ordi+narily a member of the household of the person and the spouse or de facto spouse of the person and treated by them as a child of their family; "the Court" means the Court of Petty Sessions; "de facto spouse", in relation to a person, means a person of the oppo+site sex to the first-mentioned person who is living with the first-mentioned person as that person's husband or wife although not le+gally married to the first-mentioned person; "member of the family", in relation to a person, means a spouse, de fac+to spouse, child or parent of the person; "parent", in relation to a person who is - (a) an adopted child - means the adoptive parent of the child; (b) a step-child - includes the step-parent of the person; (c) an ex-nuptial child - includes the natural father of the person; (d) a child as mentioned in paragraph (d) of the definition of "child" - includes the person, and the spouse of the de facto spouse of the person, mentioned in that paragraph; "police officer" means a member of Australian Federal Police; "protection order" means an order made under Part II. Prescribed offences 4. A reference in this Ordinance to a prescribed offence is a reference to the following offences - (a) murder; (b) manslaughter; (c) an offence, whether committed in the Territory or elsewhere, of a kind to which section 27, 28, 29, 30, 31, 33, 33A, 35, 37, 38, 39, 41, 46, 47, 54, 58, 59, 83, 90A, 92A to 92D (inclusive), 92F, 92H, 92J, 92M, 493, 494 or 546A of the Crimes Act, 1900 of the State of New South Wales in its application in the Territory applies or of a like kind; (d) an attempt to commit an offence of a kind referred to in para+graphs (a) to (c) (inclusive), being an offence committed or attempted to be committed by a person against the spouse or a former spouse, or the de facto spouse or a for+mer de facto spouse, of the person. PART II - PROTECTION ORDERS Protection orders 5. (1) The Court, if it is satisfied on the balance of probabilities that a person has engaged in conduct (whether in the Territory or not) that - (a) constitutes a prescribed offence committed against the person's spouse or de facto spouse; or (b) may reasonably be regarded as harassment of the person's spouse or de facto spouse, and is likely to engage again in such conduct, may make an order restraining the person from engaging in that conduct or in similar con+duct. (2) The Court, if it is satisfied on the balance of probabilities that a person has engaged in conduct (whether in the Territory or not) that - (a) constitutes a prescribed offence committed against a former spouse, or a former de facto spouse, of the person; or (b) may reasonably be regarded as harassment of a former spouse, or a former de facto spouse, of the person, and is likely to engage again in such conduct, may make an order restraining the person from engaging in that conduct or in similar con+duct. (3) On an application for a protection order, the Court may, if it considers that it is desirable to do so, before considering the applica+tion, make an interim protection order. (4) The Court may, on application by the applicant or the respon+dent, vary or revoke the protection order. Applications for protection order 6. (1) An application for a protection order under sub-section 5(1) may be made by the spouse or the de facto spouse of the person against whom the order is sought. (2) An application for a protection order under sub-section 5(2) may be made by the former spouse, or the former de facto spouse, con+cerned. (3) A police officer may apply for a protection order. (4) With the leave of the Court, a person other than a person men+tioned in sub-section (1), (2) or (3) may apply for a protection order as agent for the applicant. (5) In relation to proceedings on an application made as mentioned in sub-section (3) or (4), a reference in this Part to the applicant is a ref+erence to the person against whom the offence concerned was commit+ted, or who was harassed. (6) The person against whom the order is sought shall be the respon+dent to the application. (7) Where an application for a protection order has been served on a person, section 199 of the Court of Petty Sessions Ordinance 1930 ap+plies in relation to the person as it applies in relation to a defendant as mentioned in that section. Affidavit evidence 7. (1) Evidence on an application for a protection order may be given on affidavit. (2) It is not necessary to call a person who made such an affidavit to give evidence unless a party to the proceeding, or the Court, so requires. Form of orders 8. (1) Subject to this Ordinance, a protection order may include pro+visions restraining a person - (a) from being in premises in which the applicant for the protection order resides; (b) from being in premises that are the place of work of the appli+cant for the protection order; (c) from being in a specified locality, being a locality in which premises as mentioned in paragraph (a) or (b) are situated; (d) from approaching within a specified distance of the applicant for the protection order; and (e) if the person continues to reside with the applicant for the pro+tection order - from entering or remaining in the place of resi+dence while intoxicated. (2) A protection order that includes provision as mentioned in para+graph (1)(a) may also include provision - (a) restraining the respondent from taking possession of personal property of either the applicant or the respondent, being prop+erty that is reasonably needed by a member of the respondent's family; or (b) directing the respondent to give possession of such of that prop+erty as is specified in the order to a specified member of the re+spondent's family. Matters to be taken into account 9. (1) In determining an application for a protection order, the mat+ters that the Court shall take into account include - (a) the need to ensure that persons are protected from violence and harassment; (b) if the members of the respondent's family include a child who has not attained the age of 18 years - the welfare of the child; (c) the accommodation needs of the members of that family; and (d) the hardship that will be caused to the respondent or to any other person if the order is made. (2) In determining whether to make an order that includes provision of the kind mentioned in sub-section 8(2), the Court shall also take into account the property, income and financial resources, and the financial obligations, of the applicant and the respondent. Orders on applications by police, &c. 10. A protection order shall not be made on an application made as mentioned in sub-section 6(3) or (4) unless the applicant consents to the making of the order. Notice to respondents 11. A protection order shall not be made unless - (a) the respondent has had actual notice of the application for that order; or (b) by reason of circumstances of seriousness or urgency, it is prop+er to make the order without notice to the respondent. Ouster orders 12. (1) Where an agreement (including a mortgage or a lease of premises) provides that, if the respondent ceases to reside in his or her place of residence, a person may do a particular thing prejudicial to the interests of the respondent or a member of the respondent's family, the person is not entitled to do that thing if the respondent ceases to reside in the place of residence, in compliance with a protection order. (2) Where the respondent is the lessee, or a lessee, of his or her place of residence, the Court may, on making a protection order that, or that includes provision that, would have the effect of restraining the respon+dent from entering or remaining in the place of residence, make an or+der - (a) varying the lease by substituting for the lessee or lessees a mem+ber of the respondent's family; and (b) directing that any payments made under the lease be treated as having been made by that member. (3) Subject to sub-section(4), such an order has effect according to its tenor. (4) Where the lease has been registered under the Real Property Ordi+nance 1925, such an order does not have effect until a memorial of the variation of the lease is registered under that Ordinance. (5) Sub-section (2) does not apply in relation to a Crown lease within the meaning of the Real Property Ordinance 1925. (6) This section applies notwithstanding section 10 of the Court of Petty Sessions (Civil Jurisdiction) Ordinance 1982. Operation of protection orders 13. (1) A provision of a protection order is not applicable in relation to a person unless the person has actual notice of the provision. (2) The notice may have been given orally, but in the case of a pro+vision that would have the effect of restraining the respondent from en+tering or remaining in his or her place of residence, that shall have been given in writing. Breach of protection order 14. (1) A person shall not contravene or fail to comply with a pro+vision of a protection order that is applicable to the person. Penalty: (2) A person may, in accordance with law, arrest a person for an of+fence against sub-section (1). (3) Where a prosecution for an offence against sub-section (I) is in+stituted by summons, the summons shall require the person to appear to answer the information at a time not later than 72 hours after the time at which the summons is issued. (4) Service of the summons shall be effected at least 24 hours before the time appointed in the summons for the hearing of the information. (5) Sub-sections (3) and (4) have effect notwithstanding sections 38 and 41 of the Court of Petty Sessions Ordinance 1930. Restriction on publication of court proceedings 15. (1) A person shall not publish in a newspaper or periodical pub+lication or by radio broadcast or television, or otherwise disseminate to the public or to a section of the public or to a section of the public by any means, the identity of a party to proceedings in connection with a protection order, or information from which the identity of such a party may readily be ascertained. Penalty: (2) Sub-section (1) does not prevent a publication in circumstances that, or is of a kind that, were the proceedings proceedings under the Family Law Act 1975 would not constitute a contravention of section 12 of that Act. (3) Proceedings for an offence against this section shall not be com+menced except by, or with the consent in writing of, the Attorney-General or the Director of Public Prosecutions, or a person authorised by either of those persons in that behalf. PART III - MISCELLANEOUS Bail 16. (1) Where a person or body has, under a law of the Territory, power to grant bail to a person (in this section called the "accused") in respect of a prescribed offence, the matters that the person or body shall take into account in determining whether to grant bail to the accused and the conditions on which bail is to be granted include - H20 2060 words Veterans Entitlements Act 1986 with Regulations index Veterans' Entitlements Act 1986 No. 27 of 1986 An Act to provide for the payment of pensions and other benefits to, and to provide medical and other treatment for, veterans and certain other persons, and for other purposes BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: PART 1 - PRELIMINARY SECTION 1 SHORT TITLE 1 This Act may be cited as the Veterans' Entitlements Act 1986. SECTION 2 COMMENCEMENT 2 This Act shall come into operation on a date to be fixed by Proclamation. [CCH Note: Veterans' Entitlements Act 1986 proclaimed to commence on 22 May 1986 - Commonwealth Gazette No. S225, 20 May 1986.] SECTION 3 REPEAL 3(1) [Acts repealed] The Acts specified in Parts I, II, III, IV and V of Schedule 1 are repealed. 3(2) [Acts amended] The Acts specified in column 1 of Part VI of Schedule 1 are amended as set out in columns 2 and 3 of that Schedule. SECTION 4 EXTENSION OF ACT TO EXTERNAL TERRITORIES 4 This Act extends to the external Territories. SECTION 5 INTERPRETATION 5(1) [Definitions] In this Act, unless the contrary intention appears- "acting commissioner" means a person who is acting as a commissioner in pursuance of an appointment under section 191; "Acting Deputy President" means a commissioner or acting commissioner who is acting as Deputy President in pursuance of an appointment under section 192; "Acting President" means a commissioner or acting commissioner who is acting as President in pursuance of an appointment under section 192 or 193; "allied country" means any country (not being Australia or a Commonwealth country) - (a) that was, at the relevant time, at war with the enemy; or (b) the forces or which were, at the relevant time, engaged in an operational area against forces against which the forces of the Commonwealth were engaged in that area, and includes - (c) a state, province or other territory that is one of 2 or more territories that together form, or formed at the relevant time, a discrete part of such a country; and (d) a place that is, or was at the relevant time, a territory, dependency or colony (however described) of such a country; "approved Guide to the Assessment of Rates of Veterans' Pensions" means - (a) the document, prepared by the Commission in accordance with section 29 under the title "Guide to the Assessment of Rates of Veterans' Pensions", that has been approved by the Minister and is for the time being in force; or (b) if an instrument varying that document has been approved by the Minister, that document as so varied; "approved Treatment Principles" means - (a) the document, prepared by the Commission in accordance with section 90 under the title "Treatment Principles", that has been approved by the Minister and is for the time being in force; or (b) if an instrument varying that document has been approved by the Minister, that document as so varied; "Board" means the Veterans' Review Board continued in existence by section 134 of this Act; "child" means - (a) a person who has not attained the age of 16 years; or (b) a person who - (i) has attained the age of 16 years but has not attained the age of 25 years; (ii) is undertaking full-time education at a school, college or university; and (iii) is not in receipt of a pension under Part III or IV, a benefit under Part IVAAA or VII or a rehabilitation allowance under Part VIII of the Social Security Act 1947 or an allowance under section 9 of the Tuberculosis Act 1948; "Commission" means the Repatriation Commission continued in existence by section 179 of this Act; "commissioner" means a person holding an office of commissioner in pursuance of an appointment under section 182; "Commonwealth country" means a country (other than Australia) that is, or was at the relevant time, a part of the Dominions of the Crown, and includes - (a) a state, province or other territory that is one of 2 or more territories that together form, or formed at the relevant time, a discrete part of such a country; and (b) a place that is, or was at the relevant time, a territory, dependency or colony (however described) of a part of such a country; "continuous full-time service" means - (a) in relation to a member of the Defence Force - (i) service in the Naval Forces of the Commonwealth of the kind known as continuous full-time naval service; (ii) service in the Military Forces of the Commonwealth of the kind known as continuous full-time military service; or (iii) service in the Air Force of the Commonwealth of the kind known as continuous full-time air force service; or (b) in relation to a member of the naval, military or air forces of a Commonwealth country or an allied country - service in those forces of a kind similar to a kind or service referred to in sub-paragraph (a)(i), (ii) or (iii); "decision" includes a determination and an assessment; "Deputy President" means the Deputy President of the Commission; "disease" includes any physical or mental ailment, disorder, defect or morbid condition, whether of sudden onset or gradual development, and the recurrence of such an ailment, disorder, defect or morbid condition, but does not include the aggravation of such an ailment, disorder, defect or morbid condition; "enemy" means - (a) in relation to World War 1 or World War 2 - the naval, military or air forces, or any part of the naval, military or air forces, of a State at war with the Crown during that war; and (b) in relation to service in, or a period of hostilities in respect of, an operational area - the naval, military or air forces against which the Naval, Military or Air Forces of the Commonwealth were engaged in that operational area, and includes persons assisting any of those forces; "injury" means any physical or mental injury, and includes the recurrence of any physical or mental injury, but does not include a disease or the aggravation of a physical or mental injury; "member of the Defence Force" includes a person appointed for continuous full-time service with a unit of the Defence Force; "member of the Interim Forces" means a person who, on or after 1 July 1947 and before 1 July 1949 - (a) enlisted or re-engaged in, or was appointed or re-appointed to, the Defence Force for continuous full-time service for a term not exceeding 2 years; or (b) was appointed for continuous full-time service with a unit of the Defence Force for a term not exceeding 2 years; "operational area" means an area described in column 1 of Schedule 2; "organization representing veterans" means - (a) an organization - (i) the members of which include veterans throughout the Commonwealth; and (ii) the objects of which include the object of representing veterans throughout the Commonwealth; or (b) an organization - (i) the members of which include persons throughout the Commonwealth who are in receipt of, or are eligible to receive, pensions under Part II as dependants of veterans; and (ii) the objects of which include the object of representing persons referred to in sub-paragraph (i) throughout the Commonwealth; "port" includes airport; "President" means the President of the Commission; "remunerative work" includes any remunerative activity; "Secretary" means the Secretary to the Department; "special mission" means a mission that, in the opinion of the Commission, was of assistance to the Commonwealth in the prosecution of a war to which this Act applies; "unit of the Defence Force" means a body, contingent or detachment of the Defence Force; "veteran" means - (a) a person (including a deceased person) who is, by virtue of section 7, to be taken to have rendered eligible war service; or (b) a person (including a deceased person) in respect of whom a pension is, or pensions are, payable in pursuance of sub-section 13(6); "war to which this Act applies" means World War 1 or World War 2; "World War 1" means the war that commenced on 4 August 1914, and includes any other war in which the Crown became engaged after that date and before 11 November 1918; "World War 2" means the war that commenced on 3 September 1939, and includes any other war in which the Crown became engaged after that date and before 3 September 1945. 5(2) [Person deemed to be undertaking full-time education] Where a person who has attained the age of 16 years would, if the person lodged a claim for, and were qualified to receive, an unemployment benefit under Part VII of the Social Security Act 1947, be prevented, by reason of section 120A of that Act, from being paid that benefit for a period immediately following his or her ceasing to undertake full-time education at a school, college or university, the person shall be taken, for the purpose of paragraph (b) of the definition of "child" in sub-section (1), to continue, during that period, to undertake full-time education at a school, college or university. 5(3) [Time when various wars ended] For the purposes of this Act - (a) World War 1 shall be deemed to have ended on 1 September 1921, being the date fixed by Proclamation under section 2 of the Termination of the Present War (Definition) Act 1919; (b) World War 2 shall be deemed to have ended on 28 April 1952, being the date on which the Treaty of Peace with Japan came into force; and (c) an operational area described in column 1 of Schedule 2 shall be deemed to have been an operational area during the period specified in column 2 of that Schedule opposite to the description of the area in column 1. 5(4) [Reference to member of unit of Defence Force] In this Act, unless the contrary intention appears, a reference to a member of a unit of the Defence Force shall be read as a reference to a member of the Defence Force or other person who is a member of the unit, attached to the unit or appointed for continuous full-time service with the unit. 5(5) [Resident of Papua New Guinea deemed resident of Australia] For the purposes of this Act, a person (not being a person who was an indigenous inhabitant of the Territory of Papua or the Territory of New Guinea) who was residing in Papua New Guinea immediately before it became an independent sovereign State, shall, until the person ceased or ceases so to reside, be deemed to be a resident of Australia. 5(6) [Reference to eligible civilian] In this Act, unless the contrary intention appears, a reference to an elegible civilian who was killed, or was detained by the enemy, during World War 2, shall be read as a reference to a person who, at the time the person was killed, or commenced to be so detained, as the case may be, was - (a) a British subject; and (b) a resident, but not an indigenous inhabitant, of the Territory of Papua or the Territory of New Guinea, other than such a person who was, at that time - (c) rendering service as a member of the Defence Force; or (d) employed by the Commonwealth on a special mission outside Australia. 5(7) [Temporary absence of de facto spouse] Where a man and a woman have been living together as husband and wife on a bona fide domestic basis although not legally married to each other, they shall be treated for the purposes of this Act, as so living together during any temporary absence of one of those persons or during an absence of one of those persons resulting from illness or infirmity, if the Commission is of the opinion that they would, but for the absence, have been so living together during the period of that absence. 5(8) [Member of Army Medical Corps Nursing Service] For the purposes of this Act, a member of the Army Medical Corps Nursing Service who rendered service, either within or outside Australia during World War I, as such a member in accordance with an acceptance or appointment by the Director-General of Medical Services for service outside Australia shall be deemed, while the member rendered that service, to have been serving as a member of the Defence Force. H21 2008 words Department of Foreign Affairs Annual Report 1984-85. Senate. 19 February, 1986 Senator SANDERS (Tasmania) (5.11 ) - I move: That the Senate take note of the paper. I note that on page 1 of the annual report for the Department of Foreign Affairs it says: The Department of Foreign Affairs is concerned with foreign policy advice implementation ... The report goes on to describe this in detail. I point out that either the Department is failing in its function or perhaps the Government is simply not listening to its advice. In fact, the Government seems to be unaware of much of what is going on in the world. I refer honourable senators to a question I asked yesterday in the Senate regarding the policy of the United States of America, the avowed policy of Admiral James Watkins who, in the proceedings of the United States Naval Institute, said that the United States policy was to destroy Soviet nuclear missile sub+marines at the outset of a conventional war. I asked a question about the Government's aware+ness of this policy and its significance, particu+larly to North West Cape, which, of course, would give the first strike orders. The Minister representing the Minister for Defence, Senator Gareth Evans, said: However, it appears that this is not a definite agreed policy but rather the canvassing of one among many possibilities open to the United States of America in the event of a conventional conflict with the USSR. Cer+tainly, the Australian Government - this is the important part - is well aware of these and other developments, actual and possible, in the United States strategic doctrine. To the extent that the proposal has been canvassed in the way that it has been by Admiral Watkins, it would be fair to say, from an Australian defence analysis point of view, that the wisdom of such a strategy appears to us to be questionable. To attack Soviet strategic nuclear submarines during a major conventional conflict would appear to increase further what would already be a high risk of escalation to nuclear war That I agree with. It turns out, in spite of that definitive statement by the honourable senator, that the United States policy is in fact other than he stated. It turns out that in Australia the Australian Government - I hope the Depart+ment of Foreign Affairs is not involved in this lack of awareness - is simply unaware of United States policies pertaining to this area, to our very own part of the world. Although Senator Evans said that this was not a policy of the United States, in yesterday's Press, namely, the Herald, is a headline: `Sub attack "Key" to U.S. strategy'. The article states: WASHINGTON, Reuter - U.S. ships and planes would quickly hunt down Soviet missile submarines if a con+ventional war broke out between them, Defence Secre+tary Caspar Weinberger said. I think that someone is amiss in this country - the Government or the Department of Foreign Affairs, although I think it is more the Govern+ment's fault - because we are forced to learn what the attitude of the United States towards our area is by reading the newspapers. The United States did not bother to tell the Govern+ment of this major shift in policy which, in fact, was foreshadowed in the report by Admiral Watkins. The United States did not bother to tell Australia that North West Cape would be essential to the first strike hunting down of Rus+sian nuclear submarines in the event of conven+tional warfare in Europe. This is not the first time this has happened. We have seen it over and over again. One very important example of this was in 1971 when Prime Minister McMahon attacked the visit of Opposition Leader Whitlam to China as offensive to the United States, be+cause he was unaware that Henry Kissinger was in China arranging a visit by Nixon, which was announced while Whitlam was still in China. It is time this country demanded that it be told what the United States has in mind for our area and not be forced to read about it in the Press of this country. Senator MASON (New South Wales) (5.16) - There are several points I want to make in regard to the 1984-85 annual report of the Department of Foreign Affairs. My first point is that, as a member of the parliamentary delega+tion which visited China last year, I cannot praise too highly the spirit of enterprise and enthusiasm I found among our diplomats in that country. China is probably the most important foreign post we have, in many respects, and it is essential that we get things right there where our work is concerned, especially after such a long period in our history when we did not get things right as far as China was concerned. Looking back, I would especially like to com+mend to this Parliament the dedication, hard work and intelligence of the head of mission at that time, Mr Denis Argall, who I think at great loss to Australia was not able to complete his term as Ambassador but was forced to return to Australia last August because of ill health. I wish him a speedy recovery and I hope that his knowledge of China and the enthusiasm he showed will again be available somewhere in the service of Australia. The delegation was able to meet with Mr Hu Yaobang in Beijing. I was struck by the firmness with which Mr Hu insisted that China intended to persist with its open door policy of co- opera+tion in trade and joint ventures with other coun+tries - a virtual open door as dramatic as the one that Japan made at the time of Commodore Perry. It was certainly in vivid contrast with what I found when I visited China in 1975, towards the end of the Cultural Revolution. I stress this matter because I believe that many Australians do not yet understand how much China has changed and what great trade oppor+tunities exist there for Australia, but, I would say, on a hard-headed, businesslike basis because the Chinese are certainly hard-headed enough. That was our experience of them. Before I went to China, I remember, someone said to me: `What a terrific opportunity it would be if we gave every Chinese one of a pair of Australian woollen socks, as they would then have to buy the other half of the pair and that would be a tremendous breakthrough'. I now hasten to assure that person that the Chinese would immediately trade off a sock so that half of them would have a complete pair of socks. That is the way it is. The Chinese market is available only to Australian business which is adaptable and which is able to supply a good product at a competitive price. However, it is a market that is well worth that kind of effort. It is the world's biggest market, bigger than it has ever been before, and interestingly enough - this is one of the main impressions I think one gets of that country and an impression which our diplomats stress to us again and again - Chinese society is now turning acquisitive. After the years and years during the Mao era during which the people could not have things - during which time I saw them going through department stores looking wistfully at consumer goods which they could not afford - they are now reaching the stage where incomes are going up, especially because of the incentive situation, and where there is a market. It is a market which particularly we in Australia can get into. The reason for that is that, as far as I can see, the Chinese Government is in favour of Aus+tralia. We are a small or middle country. We have never been colonists. We have never really been in a position which would excite the Chinese to any kind of opposition ideologically. That gives us a much more important advantage in China, where ideology is still important, than we might understand. There is already a large num+ber of Australian companies operating effec+tively, efficiently and profitably in China. I ask the Australian Government even if it feels that it has undertaken a public relations campaign among business and the community generally, to ensure that there is a good and up to date understanding of that country. Almost any effort we can make is worth while. As an example, it is striking that the greater part of the earnings of a Chinese worker are in the form of incentives which are assessed regularly on his reliability and energy. The principal of paying people the same whether they work hard or not has disappeared in China. When I asked one of the new Western-suited young technocrats how this accorded with socialist ideas, he blandly told me: `Ah, this is the new socialism'. Senator Archer - Not in Australia. Senator MASON - If that is the case, maybe we could do with some of it here, Senator Archer. I commend to Senator Archer and others, Sen+ator Siddons's ideas on industrial democracy. They passed the Senate once. Can we not go back to that workable system of industrial de+mocracy where the work force would be largely self-regulating and we would need the doctri+naire unions less. I repeat that the Government could do worse than look at the Chinese system of worker incentives in that light. Senator CROWLEY (South Australia) (5.21) - Much can be said on the annual report of the Department of Foreign Affairs. l will resist wandering through many areas, some of which are fairly unknown to me. I draw atten+tion in particular to two parts of the report that I found very interesting. One is the reference in the report to the Department's equal employ+ment opportunity program and the women's budget program. I do so because foreign affairs seems to be an area of little concern for women. If women are at all concerned, they tend to have nice soft feelings about such things as peace and foreign affairs. That is not a real description of the situation. It is worth noting that the Depart+ment is addressing quite different understandings of the importance of foreign affairs to women. I draw the Senate's attention to the difficulties I had in reading the section on page 59 about how the Equal Employment Opportunity Unit is con+stituted. One would need to be a master of the alphabet to understand it, if not a mistress. It states: The Committee consists of FAS (MFSD) (Chair+man); AS Staffing and Organisation Branch (SOB); AS Operations Support (OS); ADAB or Head of Opera+tions Support, Director, Personnel Development, Direc+tor, Staffing and representatives of unions and staff associations which have members working in the Department. I appreciate the seriousness with which the Equal Employment Opportunity Consultative Commit+tee is taken and the seriousness and significance of the people appointed. I simply ask that the people writing the report in future spell out what some of those letters mean. It is a matter of some puzzlement to interpret them. They go to the seriousness with which the Department addresses equal employment opportunities. The Equal Employment Opportunity Unit addresses not only the needs of women, but the needs of all people in our society who are disadvantaged or not yet receiving equal opportunities within the Australian Public Service and, in particular, within the Department. Despite some efforts to address the situation, initial statistical work reveals a similar picture in this Department to that in the Australian Public Service as a whole. Women were under+represented in senior and non-traditional desig+nations and significantly underrepresented in foreign affairs officer, consular and administra+tive streams. There were few Aboriginals and people with disabilities had little opportunity for career development or promotion. The Equal Employment Opportunity Unit is looking seri+ously at ways that those categories of under+representation can be addressed within the De+partment. There are some challenges, particu+larly considering disabled people or women, in that some of the overseas appointments do not automatically follow for those people. But the Department is serious in addressing both considerations. H22 2024 words Human rights and equal opportunity commission bills. Parliamentary debate. Senate. 19 February, 1986. HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION BILL 1985 HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION AMENDMENT BILL 1985 HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) BILL 1985 AUSTRALIAN BILL OF RIGHTS BILL 1985 Second Readings Debate resumed. Senator GARETH EVANS (Victoria - Min+ister for Resources and Energy) (6.48) - Before this debate was interrupted I had identified the two basic themes which seemed to have run through the opposition to the Australian Bill of Rights Bill at least so far as the contributions in this chamber are concerned. The first theme was that the Bill is unnecessary and, secondly, that it is undesirable, indeed undesirable in some people's minds to the point of being dangerous. As to the first point, the alleged lack of ne+cessity in this legislation, I had begun by dealing with the argument that the common law was the great protector of individual rights and was, indeed, a sufficient protector of rights beyond which we needed no support of the kind embod+ied in this Bill. I called in aid an admirable contribution to the debate from Senator Puplick in which he demonstrated comprehensively and precisely just how that argument could not be sustained. The reality of the matter is that there are a number of rights and freedoms matters where there is a vacuum in the law and which the common law has at the moment absolutely nothing to say. The reality also is that there are a number of other areas where reality also is that there are a number of other areas where the legislatures have filled the vacuums, but in an unacceptable way, again leaving in a different fashion the courts with nothing to say - nothing to say because there is no hook on which they, the judges, or the litigants before them, can hand an argument advanced for the protection of fun+damental rights and freedoms. The reality is that rights and freedoms cannot be left to be secured by default; they do require active care and attention by legislatures around the country. They require active care and atten+tion both in the form of individual measures in specific areas such as race and sex discrimination legislation; property protection legislation; crim+inal investigation; law protection legislation and all the other piecemeal areas with which we have become familiar. They also need protection by the kinds of overarching, overriding, standard setting, guarantee-producing legislation of the kind involved in this Bill of Rights. It is neces+sary that our human rights performance in this country be better than it has been in the past, whatever the standards of comparison that might properly be made between us and many other countries in the world with worse human rights records. We have done well in the past but we can do a lot better. The judges and courts could do with the extra reinforcement and weaponry in the interests of rights and liberties which this Bill will give them. Let me turn to the group of arguments which says that this Bill of Rights is positively undesir+able and dangerous. So many statements which have been made here and outside the Parliament have been so wildly and grotesquely astray that they have been difficult to take seriously. Let me at least try to deal quickly with some of the more extravagant claims that have been made. A lot of more detailed points, I guess, can be made during the Committee stage of this debate, which I do not think will be short. Firstly, we have had the constantly reiterated and dogmatically asserted argument that this is a Bill which takes away rights, that fewer rights will be enjoyed in the community than before the Bill of Rights was ever dreamed of. The basic argument which seems to prevail when people run this line is that a number of rights around the place which are recognised as impor+tant or in some cases fundamental are not spe+cifically addressed in this Bill. The right to own property and not to have it acquired unjustly or compulsorily is often repeated as being in this category. As I said earlier in this speech, and no doubt will be saying again a dozen times before this debate is out, this Bill of Rights contains a very central and important Article which pro+tects absolutely, unequivocally and clearly those rights which may exist but which are not set out in the list in this Bill. I am referring to Article 2 of the Bill of Rights, which makes it absolutely clear that any right which is not set out in the Bill of Rights, but which may otherwise exist, is not to be regarded as diminished in any way by not appearing in this otherwise fairly compre+hensive list. A second claim that is made about the alleged dangers of the Bill goes to the suggestion that it gives protection to certain alleged rights around the place, or claims of right, which, if protected, would undermine the fabric of society. Thus, it is suggested that the Bill would operate to legal+ise abortion, to encourage and legalise homosex+ual adoption, to authorise the confiscation of private property, and half a dozen extravagant claims of this kind. I can assert absolutely, with+out fear of rational contradiction, that claims of this kind are absolutely false and without foundation. I give just one example of a claim which has been made and which featured as recently as Senator Lewis's contribution to this debate late this afternoon; that is, the extravagant claim that this Bill, at least in its original form, would have operated so as to legalise homosexual marriage. How on earth could anyone read into any of the provisions of this Bill that it could legalise hom+osexual marriage? A lot of people have chosen to read that in because of the language of the first draft of this Bill of Rights, which simply said: All persons have the right to marry. Every man and woman of marriageable age shall have the right to marry. So we had the lunatic argument that `all persons' meant, construed literally, that men could marry men and women could marry women. All I say in relation to that is that I do not think it is seriously advanced by any of the people around this place that the Pope is in favour of homosex+ual marriage. Yet we have a document, the Charter of the Rights of the Family, presented a little while ago by the Holy See, in which we find in Article 1, as the pre-eminent right of the family, the proposition, not qualified in any way by reference to `opposite sex' or language of this kind, which states: All persons have the right . . . to marry . . . every man and every woman, having reached marriage age . . . has the right to marry . . . That is the kind of distortion we get. Nobody would remotely think that language of that kind could be construed as an invitation to, encour+agement of or justification for homosexual mar+riage, yet such is the perverse, twisted and distorted - sometimes deliberately so - mentality that people have taken to the Bill of Rights that they have asserted that language like this, which appears in a document from the Holy See, is capable of that construction when it appears in the Australian Bill of Rights Bill. It is a non+sensical chain of argument, one which we have heard ad nauseum and about which we have been driven to distraction. Then we have the alleged dangers involved in leaving the interpretation of rights to unelected judges, as distinct from distinguished parliamen+tarians and self-restrained legislators of the kind who have acted in civil liberties matters in the past. There are several answers to that claim. This is a theme which again can be picked up in more detail at the Committee stage. The first is that it underestimates dramatically the extent to which judges are already involved in deter+mining sensitive issues in their administration of the common law; in particular, in a system such as ours with a written Constitution, in adjudicat+ing on disputes that arise under that Constitu+tion. Judges have a sensitive and delicate task already involving the exercise of judgment, which they exercise very well, and it is nonsense to suggest that they will be exercising some funda+mentally new role in any potentially dangerous way as a result of this legislation being passed. I quote from one of the most distinguished law lords in British judicial history, Lord Scarman, who, in a lecture in 1980, said: We can, therefore, dismiss as completely unsound such objections as those which, frequently heard in the United Kingdom, are variations on the theme that judges must not be brought into the political arena. They are there already - as umpires, not gladiators or competitors. They have always been there: and there they will re+main. There is nothing inappropriate in requiring judges to decide justiciable issues arising in a political struggle: and no reason for judges not to be trusted to act judicially and according to law, though the case raises political as well as legal questions. There is a comprehensive and very effective rebuttal of that particular line of argument. One can expect Australian judges to find the inter+pretation of the Bill of Rights an unfamiliar task, but we can reasonably expect them to cope very well with that task, just as their brethren in Canada have. I had the pleasure of talking about just this issue with the Canadian Chief Justice, Sir Brian Dickson, very recently. He made just that point; that a Bill of Rights, although ini+tially unfamiliar, had become part of the judicial landscape and the courts are responding to it constructively and effectively. Finally, the answer to the concern about the role of an unelected judiciary is that under this kind of legislation, and designedly so, Parliament has the last word. If the judgment of the courts goes astray, in the opinion of this Parliament, we will retain the capacity to legislate an appro+priate amendment accordingly. Among this lit+any of complaints about the dangers associated with the Bill of Rights, a number of suggestions are made about the dangerous powers being vested in the Human Rights and Equal Oppor+tunity Commission. It is extraordinary that so much should be made of this and so little regard should be had to the character of this institution that is being created, or very largely recreated out of the existing Human Rights Commission, because it is an institution which exercises inves+tigative, conciliatory and reporting functions in exactly the same way as scores of other similar institutions now enshrined in statute law at both Commonwealth and State levels with powers that are not in any significant way different from the powers exercised by dozens of other similar institutions. The Government is prepared and willing to listen carefully to arguments that may be made in the Committee stage on this question. It may be that different views can reasonably be held on the scale of penalties or the need for self-incrimination provisions of the kind that appear in some 90 other statutes. The argument may be made, which we will listen to, about the need for compulsory conferences and so on, but I simply do not accept the validity of the root and branch attack that has been made. I particularly do not accept it when I have regard, as I hope other honourable senators will, to the very clear precedent which exists in the Human Rights Commission, which now exists as a result of legislation enacted by the Fraser Government. The element of hypocrisy and humbug in the attack on the proposed Human Rights and Equal Opportunity Commission model, when one com+pares what is involved in the proposal here with what exists at the moment, is really quite breathtaking. Let me finish by saying this: None of the criticism that has been made of the Bill has in any way destroyed its credibility as the most far+reaching and far-sighted attempt in our history to secure the protection of fundamental rights and liberties. H23 2031 words Death of Mr Olof Palme. House of Representatives. 11 March, 1986 Madam SPEAKER (Hon. Joan Child) took the chair at 2 p.m., and read prayers. PRIVILEGE Mr SINCLAIR (New England - Leader of the National Party of Australia) - Madam Speaker, I wish to raise a matter of privilege, but I understand that it would suit your convenience if the matter were deferred until the item dealing with Commonwealth Day is behind us. Madam SPEAKER - Yes, I think that would suit the House. DEATH OF MR OLOF PALME Mr HAWKE (Wills - Prime Minister) - I move: That this House express its profound sadness at the death on 1 March 1986 of Mr Olof Palme, Prime Minister of Sweden, its condemnation of the brutal act which took his life, and its condolences to Mr Palme's family and to the Government and people of Sweden. I am sure that all members of the House were shocked and saddened to hear of Olof Palme's murder. Such a criminal act should receive the strongest condemnation. Prime Minister Palme's tragic and untimely death was a great loss to Sweden and the world. He had served his coun+try in various portfolios since 1963 and was Prime Minister of his country for 11 years. In the Swedish context, notable for its tradition of peace and non-violence, the senseless futility of this act stands out the more starkly. Sweden has lost an outstanding leader - a man with a deep personal political philosophy and strong social democratic ideals. As Prime Minis+ter, Olof Palme worked vigorously towards maintaining a strong economy, achieving full em+ployment and safeguarding the welfare of all. But it was a notable feature of his leadership that his concern for economic and social justice did not end with the affairs of his own country. He brought the same passionate commitment to these ideals to bear on his approach to world affairs and did so, moreover, with a real depth of intellect. Olof Palme was a man devoted to promoting economic development, social justice and peace and he understood the inter-relation+ship of these objectives. Mr Palme's global commitment to the demo+cratic process and to the rights, freedoms and wellbeing of all people is attested by the policies he adopted. His stand for fundamental human rights can be seen in his championing of the campaign against racism. He promoted a gener+ous refugee policy, believing it to be an impor+tant expression of international humanitarian solidarity. He believed that rich nations should join in the struggle against poverty to achieve a more just world order. Olof Palme was Vice-President of the Socialist International and led its working group on the southern Africa question. He was a member of the important Brandt Commission which studied questions concerning the relationship between rich and poor nations. In November 1980 Mr Palme was appointed as representative of the United Nations Secretary-General to seek a peaceful resolution of the Iran/Iraq conflict. He stood firm on Sweden's policy of neutrality and worked tirelessly to promote world peace and disarmament. Olof Palme's contribution to the international debate on arms control and disar+mament won him wide acclaim during his chair+manship of the Commission on Disarmament and Security from 1980 to 1982. The Commis+sion's report bears the Palme imprint in the importance it attaches to the objective of joint survival rather than the threat of mutual de+struction as the basis for a true and lasting peace. Olof Palme was an idealist without illusions. He recognised that general and complete disar+mament was a long term objective which could be achieved only through patient and careful negotiations that took account of international security concerns, and those of the United States and the Soviet Union in particular. Palme did not consider nuclear deterrence to be an accept+able permanent basis for international peace and stability, but he accepted that it is the only viable option as an interim security measure while arms control negotiations take place. The Australian Government's approach to arms con+trol and disarmament shares many of the per+spectives of the Palme report on these issues. Olof Palme also played a significant role in the setting up in 1984 of the Conference on Disarmament in Europe, which aims to build confidence and reduce the risk of conflict be+tween states in Europe. Olof Palme firmly be+lieved, as the Australian Government does, that questions of peace and disarmament in the nu+clear age should be the concern of all nations and should not be left for the nuclear weapon states and the big powers alone to determine. His passing is a great loss to all of us throughout the world, regardless of ideological divisions be+tween those in the East and those in the West and regardless of economic divisions between the people of the North and those of the South. It is for his contribution to the noble goal of tran+scending such divisions which exist in this imper+fect world that Olof Palme will be remembered most widely. Senator Don Grimes, the Deputy Leader of the Government in the Senate and Minister for Community Services, will represent the Govern+ment at Olof Palme's funeral, which is to be held in Stockholm on 15 March. Senator Grimes was a personal friend of the late Prime Minister, having met him on a number of occasions at meetings of the Socialist International, and is also a friend of Mr Palme's widow, Lisbeth. The attendance of Senator Grimes at the funeral is a mark of the deep respect which the Australian Government has for Olof Palme's achievements in the cause of world peace and social justice, and of the friendship which Australia feels for the Government and people of Sweden. It would be fitting, Madam Speaker, if the terms of the resolution could be passed on to Mr Palme's family and to the Government of Sweden. Mr HOWARD (Bennelong - Leader of the Opposition) - The Opposition supports the mo+tion of condolence moved by the Prime Minister (Mr Hawke). It is always with a particular degree of horror that the world reacts to politi+cal assassination. The circumstances of Mr Palme's untimely death draw properly from the Prime Minister and the House universal condem+nation of such mindless and unjustified acts of terrorism and are a reminder to all of us of the relatively precarious nature of the lives of those who wish to live out the democratic ideal. Whatever one's views may be about Olof Palme's political views within the broad Western democratic spectrum, he was a dedicated sup+porter of the ideal of peace amongst nations. He served his country as Prime Minister for 11 years. He was respected in international political forums, and properly so. He worked very hard for the cause of world peace and lived out, in his political and personal life, the ideals in which he believed. I very warmly associate the Oppo+sition with the words of condolence in relation to his death and the words of condemnation properly delivered by the Prime Minister regard+ing the circumstances of his very tragic and untimely assassination. Mr SINCLAIR (New England - Leader of the National Party of Australia) - On behalf of the members of the National Party of Australia, I too would like to endorse the motion of condol+ence submitted to this House by the Prime Min+ister (Mr Hawke) on the death of Mr Olof Palme, the Prime Minister of Sweden. Much has been written and said of Olof Palme in Aus+tralia, Europe, and elsewhere. He was a Swedish leader who was known as much outside Sweden as he was within it. He was a man whose name and reputation for the cause of peace won ac+claim from all sides of politics and many of the precepts and statements he issued, both on his own and officially, have become well known in the general tracts of the international commu+nity. Indeed, the volume that he produced on peace and disarmament security which he sub+mitted to the United Nations was one of the bulwarks within which it is still hoped that ne+gotiation will continue towards disarmament around the world. There are aspects of his life that I think many of us would do well to emulate. He certainly is one who, having been born as an aristocrat, devoted much of his life towards the cause of others. He was a man who worked for peace throughout his life, yet sadly died by a gun. It is a tragedy that one who had so much to contrib+ute and who through his life did so much for others should have died this way. On behalf of all the members of my Party we submit our condolences not only to the nation and the people of Sweden but also to his wife and family. Mr BARRY JONES (Lalor - Minister for Science) - Olof Palme was the inheritor of a remarkable, even unique political tradition. He was only the fourth leader in the history of the Swedish Social Democratic Party, and all four leaders from 1896 held the office of Prime Min+ister - Haljmer Branting, Per Albin Hansson, Tage Erlander and Olof Palme. Sweden is also noteworthy for its absence of political violence. As was frequently noted in the last few days, Palme's was the first political assassination in Sweden since the murder of King Gustav III in 1792, nearly 200 years ago. The traditions of tolerance, liberalism and compassion have been built into the Swedish social fabric. Palme was a tireless crusader for world peace and human rights. Although his outspoken views made ene+mies of some great powers at various times, both the United States of America and the Union of Soviet Socialist Republics were united in ex+pressing their outrage at his savage and inexpl+icable murder. All Australians unite in our abhorrence of political assassination of rule by the gun. His death follows that of his mentor, Alva Myrdal, a Nobel Peace Prize Laureate, just a few months ago. Like her, his work deserves international recognition. It would be entirely appropriate for him to receive posthumously the Nobel Peace Prize for 1986. Not all such awards have been equally well deserved. In Olof Palme's case it would be. Dr THEOPHANOUS (Calwell) - I rise to say a few words in relation to the work of Olof Palme in the development of democratic socialist tradition and democratic socialist theory. Olof Palme believed that it was possible to develop a political system and a political tradition which on the one hand was opposed to the general conservative tradition and on the other hand was not in line with the Marxist-Leninist tradition of the Soviet countries. Palme's work in relation to the development of democratic socialist thought and tradition has had an enormous impact on the Socialist International, of which the Austra+lian Labor Party is a member party. He was behind much of the inspiration for the Socialist International's resurgence in recent times and for the getting together of social democratic par+ties in order to help not only to achieve peace, as people have mentioned before, but also to deal with some of the fundamental problems concerning the issue of the Third World- First World relations and the poverty of the Third World. As the Minister for Science (Mr Barry Jones) has said, Olof Palme was an outstanding man in our time. His contribution has been enormous and his death is a very great and sad loss. Mr TICKNER (Hughes) - I had not intended to make any remarks on this occasion, but I am moved by what I believe to be the great impor+tance of it to briefly make my personal tribute to Mr Olof Palme. I did not meet the former Prime Minister, unlike our Minister for Com+munity Services (Senator Grimes). However, I heard him speak on one occasion when I at+tended a conference of the international union of local authorities in Stockholm. His contribu+tion to that conference will live with me for the rest of my life. I believe that his world leadership in attempting to promote international peace could not be borne out in any more substantial way than by the fact that upon his death, Pres+ident Reagan praised his `untiring efforts to pro+mote peace', while in Moscow the delegates to The Communist Party Congress rose for a min+ute's silence in tribute. H24 2026 words Aboriginal land rights. House of Representatives. 18 March 1986. Ministerial Statement Mr HOLDING (Melbourne Ports - Minister for Aboriginal Affairs) - by leave - Honourable members will be aware that, on 3 March, last I announced a number of decisions that the Gov+ernment made concerning Aboriginal land rights and related matters. It is appropriate that I should inform the House of those decisions. For the information of honourable members let me outline the recent course of events. In February last year the Government released for public discussion a draft set of proposals for a national Aboriginal land rights model. This model was the result of almost two years of consultation with members of a panel of Aboriginal leaders consisting of representatives of land councils and members of the then National Aboriginal Conference. Following consideration by the Government of some 260 submissions from interested parties, I was able to announce in August last year that the Government had endorsed the principles contained in the model as an appropriate, rea+sonable and balanced basis for Aboriginal land rights throughout Australia. At the same time the Government also made clear its preference for land rights to be implemented by State ac+tion broadly consistent with the Common+wealth's principles rather than by overriding legislation. Therefore I had a specific direction from Cabinet to engage in discussions with the States to see what action could be taken on a State by State basis. That position was clear and unequivocal and was well known to Aboriginal leadership who in many cases rejected the pro+posed model. Of course this Government accepts that the 1967 referendum I gave the Common+wealth a special and overriding responsibility for the welfare of Aboriginal people. We have em+braced that responsibility. Since coming to office, this Government has increased spending on programs for Aboriginal advancement, through my portfolio and those of a number of my colleagues, by over two-thirds. Responsibility for Aboriginal advancement does not, as some would believe, lie solely with the Commonwealth as a result of the 1967 referen+dum. It is a shared responsibility. Aborigines are citizens of the States like everybody else. They are entitled to look to the States to provide them with those basic services that State governments normally provide to their citizens. In the course of my negotiations with the States, it was made clear to them that the Com+monwealth regarded it as imperative that the States should be prepared to grant secure title to Aboriginal citizens in respect of land which they had traditionally occupied. That is still this Government's position. I am sure that it would come as no surprise that no State government has suggested to me that the Commonwealth should take pre-emptive action in this matter. While their motives may have varied consider+ably, the underlying premise is clear; Tasmania aside, the States accept that they have a respon+sibility. Acceptance of that responsibility has seen progress made in the provision of secure title to Aboriginal people. In New South Wales, legislation was intro+duced in 1983 which transferred to local Aborig+inal land councils approximately 171 square kilometres of land. That legislation also provides for claims to be made over certain Crown land, and earmarks funds for future land acquisition. Last year the Acting Premier informed the Prime Minister (Mr Hawke) that he believed that his State's legislation adequately meets the needs of the Aboriginal citizens of New South Wales and there was no need for either the preferred model or any other overriding legislation. That view was strongly endorsed by both the Secretary of the State Ministry for Aboriginal Affairs, Ms Pat O'Shane, and the New South Wales Aboriginal Land Council. Discussions between the Commonwealth and Victorian governments have led to a broad in-principle agreement on the question of land rights in that State. The Victorian Government has prepared legislation for the handing over of title to Framlingham Reserve and other related leg+islation, the basic details of which have been discussed and agreed between the Victorian Government and ourselves. An all-party parlia+mentary committee of the Victorian Parliament has also reported to the Government on the question of compensation for dispossession. While this report is directed to the problems of Victo+rian Aboriginal people, it deals with very impor+tant principles which are of immense relevance to all Aboriginal people living in urban or re+gional fringe situations and whose rights would not be significantly benefited by any land rights legislation. I am involved in discussions with the Victorian Government about the role that the Commonwealth might be expected to play in the development of the principles outlined in that report. I refer next to South Australia. Large areas of that State have been transferred to Aboriginal ownership. In 1981, title to 100,000 square kilometres in the north-west of the State passed to the Pitjantjatjara people. In 1984, similar legislation provided for Aboriginal ownership of 76,000 square kilometres of Maralinga lands. This legislation was finally passed by the Legis+lative Council of South Australia after the threat of Commonwealth intervention. A land trust holds title to other reserves in that State. Having lived with land rights legislation both major po+litical parties are agreed as to its benefits. The South Australian Leader of the Opposition en+dorsed the position of the Premier of South Australia when he said recently of land rights legislation in that State: `We have good, fair, workable land rights here'. He is right. In Queensland, discussions have continued with the Minister for Community Services, who has indicated his Government's intention to issue deeds of grants in trust to all reserve communi+ties and to provide those communities with an administrative structure based on the principles of local government. It is the intention of the Queensland Minister that reserve communities have control over their own economic and social affairs within three years. The Queensland Min+ister and I have agreed with reserve council chairmen that working parties representing Commonwealth, State and Aboriginal reserve community interests should address the details of establishing such a structure on a community by community basis. Working parties should ad+dress themselves to a range of concerns, from the ownership of stock and plant to the payment of award wages and law and order issues. In the Torres Strait Islands, the Prime Minis+ter and I met with Islander leadership and ad+dressed their concerns for self- management. Following these discussions, and on the basis of the Queensland Government issuing the deeds of grant in trust, it was agreed that the Common+wealth would provide funding for both water and electricity supplies as well as financial as+sistance to enable the devolution of self-manage+ment through the Islander consultative council. This will involve the training of Islanders in responsibilities which are presently carried out by the Department of Aboriginal Affairs. The facilities of the Department will be made avail+able to this new self-management structure. As there is comparatively little unalienated Crown land in Queensland, legislation based on the pre+ferred model would be of limited benefit to the great majority of Aborigines living outside re+serves. The needs of this group will have to be addressed by other policies and initiatives based upon the principle of compensation for dispossession. In Western Australia, efforts to legislate for land rights were defeated by the conservative forces in the gerrymandered Legislative Council, aided by a disgraceful campaign of fearmonger+ing by the mining industry. However, following recent negotiations with the Western Australian Government, that Government has indicated its concern to meet the land needs of Aboriginal people through the following arrangements, the main features of which are: The State will pro+vide secure title to Aboriginal reserves by way of long term leases for a minimum of 99 years; 45 other reserves under the control of the State Department of Community Services also will be transferred to Aboriginal control; the acquisition of further land is to be the subject of discussion between the Commonwealth and the Western Australian Government; the States will acceler+ate the process of providing excisions from pas+toral leases for living areas for Aborigines, in conjunction with the churches, the State will continue facilitating the transfer to Aboriginal people of mission lands used for Aboriginal pur+poses; Aboriginal groups in the Kimberley will benefit from the proposed restructuring of the pastoral industry in that region of Western Aus+tralia following the financial assistance from the Commonwealth; Aboriginal advancement pro+grams will continue to receive emphasis; the Commonwealth is offering additional funds av+eraging $10m a year, for a five year period, to match the State's efforts under this new pro+gram; a committee will be established to advise the State Minister for Aboriginal Affairs on the terms and conditions on which entry permits will be given for access to Aboriginal land for the purpose of mineral exploration and mining; and an agreed basis for the payment of mining roy+alty equivalents when mining takes place on Aboriginal land. Cabinet has decided that this offer constitutes an acceptable basis for detailed negotiations with the State Government. Those negotiations are proceeding. I have already had preliminary dis+cussions with the new Western Australian Min+ister for Aboriginal Affairs, Mr Ernie Bridge. Aboriginal leadership in Western Australia will also be involved in the process of considering these proposals. In Tasmania, the only progress that can be reported is the recognition by the State Govern+ment of the existence of its Aboriginal citizens. In that State the Government has been stubborn in its refusal to take action beyond this simple recognition. It has thus failed to further the interests of this important group. While Aborig+inal people in Tasmania would be unable to lay claim on the basis of traditional ownership to land, using criteria that apply under the North+ern Territory land rights legislation, there are still areas of special significance, such as Oyster Cove and Wybalenna. Here again the principles of compensation for dispossession as set out in the Victorian parliamentary report may prove relevant. Aboriginal people in Tasmania can be assured that their aspirations in respect of such areas will be addressed by the Commonwealth with the newly elected State Government. As the Prime Minister recently informed the National Press Club, we will continue to nego+tiate with the States. We will continue to seek to advance the interests of Aboriginal people through co-operation with the States where that is possible. Such an approach does not involve any diminution of Commonwealth responsibility. Aboriginal people will enjoy a better outcome, and sooner, in a much better social environment, by means of such a process. Against this back+ground of continuing dialogue and progress with the States the Government has taken the view that the implementation of legislation based on the preferred model is not warranted at this time. I turn now to the Government's proposal to amend the Aboriginal Land Rights (Northern Territory) Act 1976, which I will bring before the Parliament during the current sittings. It should be recalled that in the Northern Territory when we came to government there had been one review of the legislation which had not been acted upon. Nor had any action been taken, at either a State or*of Federal level, to deal with the problems of Aboriginal people living under Third World conditions on pastoral leases. A seven year freeze on exploration in the Territory cre+ated a backlog of applications for exploration licences that, when lifted, imposed a burden which made quick responses from the Aboriginal land councils to mining proposals impossible. In general terms the Act will be amended in ac+cordance with the suggestions put forward by Mr Justice Toohey, a former Aboriginal Land Commissioner, in his review of the legislation which was tabled in this House on 5 March 1984. We also have under consideration the pro+posals of Dr Jon Altman in his review of the Aboriginals Benefit Trust Account. The Government received strong representa+tions from Aboriginal groups, the churches, com+munity leaders and individuals supporting the need for Aboriginals to be able to control mining on their land in order that their spiritual and cultural well-being might be protected. Against this background, and bearing in mind the con+cerns which the Northern Territory Government and the mining industry have with the veto in its present form, the Government proposes to retain the essential elements of the veto while introducing a number of changes to its operation designed to reduce delay and uncertainty. H25 2001 words Migration program 1986-87. House of Representatives. 10 April 1986 Madam SPEAKER (Hon. Joan Child) took the chair at 10 a.m., and read prayers. MIGRATION PROGRAM 1986-87 Ministerial Statement Mr HURFORD (Adelaide - Minister for Im+migration and Ethnic Affairs) - by leave - The purpose of this statement is to announce the Government's migration program for 1986-87. In doing so, I would first like to draw the attention of honourable members to the demographic and economic issues relevant to Australia's popula+tion and immigration policies in the longer term. While current economic and social circumstan+ces are important in setting immigration pro+grams, the Government is conscious of the importance of the questions of the longer term benefits and costs which must be addressed if Australia is to exploit its full potential. Immigration intakes of recent years have com+bined with decreasing natural increase to pro+duce population growth rates well below historical experience. Since 1946 the average an+nual population growth rate has been 1.85 per cent; as recently as 1983-84 it fell to as low as 1.15 per cent. About half of post-World War II population growth has been due to natural in+crease and the other half directly the result of migration. However, immigration has had a sig+nificant indirect stimulus through natural increase. Although Australia's population is still slowly increasing by virtue of natural increase alone, this will persist only while the age structure of our population remains relatively young. The level of Australian fertility is currently 10 per cent below the long term population replace+ment level and there is little chance of a recov+ery. Although Australia's level of mortality is low, still declining, and satisfactory by global comparisons, the crude death rate will rise as the population progressively ages. With a contin+uation of these trends in births and deaths, Aus+tralia's population would begin to decline half way through the next century, in the absence of immigration. While still relatively young, the Australian population is also ageing progressively. Honour+able members will be aware that this develop+ment has significant welfare, taxation, labour market and economic consequences. Short of substantial increases in recent levels of immigra+tion, the ageing of the population will accelerate sharply early in the next century. If current levels of immigration are retained, the aged de+pendency ratio would increase by 58 per cent by the year 2021. This ratio broadly relates those in retirement age to those available to the labour market. A 58 per cent increase in this ratio would have dramatic and far-reaching social and economic consequences. No society and no gov+ernment can responsibly ignore these trends. Immigration cannot reverse ageing of the pop+ulation but it can retard the process. Over the last decade or so, the average age of new settlers has been some five years younger than the av+erage age of the resident population. To retard the ageing process significantly will require a sustained return to more traditional, historical levels of immigration programs. Population is not merely a question of num+bers, growth rates or age profiles. The distribu+tional impact of migration, both international and internal, cannot be ignored. The Govern+ment is conscious of the propensity of migrants to settle in existing urban communities, but it does not regard this as an issue which can be properly addressed in a migration context alone, given that people in Australia are free to choose the place in which they will live and work. Recent research demonstrates that migrants are at least as mobile and flexible as their Austra+lian-born counterparts, particularly in the early years of settlement. Equally, proper concerns about environmental issues are relevant to pop+ulation growth and immigration programs. Ulti+mately, however, the capacity of a nation to address environmental concerns largely resides in areas other than immigration, including ca+pacity to generate economic wealth, a sufficient tax base and technological sophistication. Immigration levels cannot be determined in isolation from permanent and long term depar+tures. In recent years permanent departures have fluctuated from a low of 19,500 in 1980-81 to a high of 25,000 in 1982-83. They have resulted in substantial losses of skilled workers. Accordingly, the contribution of net permanent migration to the Australian labour market has been substan+tially less than the contribution of permanent settlers alone. I turn now to the economic implications of immigration. Recent research undertaken by the Committee for the Economic Development of Australia, CEDA, and my Department is rele+vant to our understanding of the role of immi+gration in the Australian economy. It is generally accepted that research of this kind is complex and based in part on econometric models, and that the findings have to be seen in that light. However, the more significant research findings are sufficiently important to include in this state+ment. Until recently, many Australians, and not least Australian opinion leaders, have subscribed to the populist view that during periods of high unemployment or economic downturn immigra+tion is disadvantageous to the employment pros+pects of Australians seeking to enter the labour market. These mistaken perceptions need serious attention. I draw the attention of honourable members to three of the CEDA research find+ings. The first is that immigration has contrib+uted positively to economic growth and development. The second is that immigration, even in the very short term, does not adversely affect the employment prospects of the Austra+lian resident population, with few localised and particular exceptions. The third is that the skill, education, age and self-sufficiency profiles of a particular intake are perhaps more important than the overall scale of any one intake. In relation to this question of education and skills, the Government has noted the call for higher levels of skilled labour and business mi+gration. The Economic Planning Advisory Coun+cil, EPAC, suggested that the skill composition and base of the Australian labour force could be enhanced in the medium term from increases in these programs. Whilst agreeing with these views, the Government is equally committed to upgrad+ing the skill base of the Australian community by appropriate education, training and retraining policies and programs. In the long term, population policy objectives and economic rationality will be best served by a progressive return to more traditional levels of immigration. This return must be gradual, in part because the lead times in immigration are significant. Australia faces as much international competition for people with positive economic attributes as it does for commodity and capital markets. If anything, the level of competition is likely to sharpen in the medium to longer term. The Government sees properly managed popu+lation growth and immigration as an important strategy for economic policy options. All eco+nomic policy instruments involve short and long term benefits and costs, and immigration is no exception . In looking at the long term future the Govern+ment is concerned to awaken Australia's interest in, and appreciation of, the population dimen+sion. The appendices to this statement, which I shall table at the end of my speech, underpin the statement and provide a basis for an informed understanding of where we are and where we are headed. I recently asked the National Popu+lation Council to develop and advise me on long term population options for Australia. I expect that the Council's advice and the statement I have made will both serve to elicit public com+ment on these longer term population and im+migration issues. It should be noted that, if it were decided that Australia's population by the year 2000 should be about 19 million, then that outcome would be achieved by an average annual immigration program of 120,000. If it were decided that there should be a population target of some 30 million by the year 2038, the 250th year of European settlement of this continent, then such an out+come would be reached with an average annual migrant intake of 160,000. Both outcomes would be more likely were fertility rates to recover to higher levels. In either event, both could be achieved by manageable progressive increases in recent levels of immigration to intakes compa+rable to those experienced in the 1940s and 1960s when the population base and Australia's absorption capacity were substantially less then they are now or will be in the future. Australia's aim should be to see its immigra+tion program in the context both of humane and community concerns and of population and eco+nomic development needs. Our understanding must be that immigrants, carefully selected, cre+ate more jobs than they take. It is against this philosophical and factual background that the Government has considered the migration pro+gram for 1986-87 and indicative planning levels for the subsequent two years. In developing the program the Government has had the benefit of formal advice from employers, trade unions, community groups, State governments, local government representatives, academics and the National Population Council. We propose a pro+gram of 95,000 visa issues and change of status approvals in 1986-87. This compares with an expected outcome of 89,000 in the current year and a planning level of 84,000. It represents a modest initial increase, and one I expect will be achieved. For the two subsequent years the Government has set indicative planning levels of 110,000 and 125,000, respectively. These levels are no more than indicative for planning purposes. They could represent the beginnings of a possible gradual increase in immigration which may thereby, sub+ject to community support following from con+sultation on resources and needs, return by managed steps to historical intake levels of 160,000 to 170,000 or about I per cent of pop+ulation at that time. These are decisions for the future - but the foundations are being laid. I announce one major change and initiative to the structure of the migration program of inter+est to all honourable members. The Government has decided to develop the concept of an inde+pendent and concessional migration category to attract a wider and more numerous number of people with the potential to contribute to Aus+tralia's economic and social needs. This category is based on the principles of the current ex+tended family (category C) program, which as honourable members would know, covers spon+sored adult siblings and non-dependant children. Applicants will be required to achieve a pass mark of 70 points on the existing points system which relates to the age, employability, educa+tion and skill characteristics of the potential migrant. In recognition of the economic support that family in Australia can provide, concession+ary points will be given to adult brothers and sisters and non-dependent children (10 points out of 70) and nephews and nieces (5 points). In summary, the new independent and conces+sionary migration category brings benefits from the economic gains to Australia from the people likely to succeed in their migration applications, whilst recognising at the same time the economic and social advantages of the extended family nexus. This category is not one of entitlements but one of optimising human and economic real+ities. Effectively, the Government is concerned here with attracting people Australia needs, mo+tivationally, economically and in terms of popu+lation building and the retardation of aging. Would-be independent migrants with no family ties but who adequately meet the criteria of employability, self-sufficiency, youth, skills and/ or education will still be eligible to be included in our expanding migration program. At the same time, I emphasise the Govern+ment maintains its commitment to reunion of immediate family. The family unit for us is the Australian family unit based on husband, wife, dependent children and retired parents. For aged parents of independent means, spouses and de+pendent children, entry is virtually automatic. On present levels of demand, I estimate a pro+gram of 26,000 visas in 1986-87 compared with an estimated outcome of 25,000 in 1985-86. A sensitive element has been the Vietnam family migration program, which relies on the contin+ued co-operation of the Vietnamese Govern+ment. It needs to be understood that in return for their responsibility to integrate into and con+tribute to Australian society, one of the rights given to migrants is to be reunited with imme+diate family. But this right does not flow over to the extended family. Extended family members are given preference for migration, more so in Australia than in the United States or Canada, but they must qualify for migration on the basis of the potential contribution they can make to Australian society. H26 2015 words Macquarie university: study at Macquarie 1987. A guide to undergraduate programs. GENERAL INFORMATION Establishment Macquarie University was established by an Act of the New South Wales State Parliament in June 1964. The University accepted a small number of postgraduate students in 1966 and began the teaching of undergraduates in 1967. It was the third university to be established in the met+ropolitan area of Sydney. Location The University is located on a 135-hectare site at North Ryde in the north-western suburbs of Syd+ney, approximately eighteen kilometres from the centre of the city. (See map on inside back cover.) Campus Plan The central part of the campus is occupied by eighteen buildings for teaching and research, together with the University Library, the Univer+sity Union building (with an associated commer+cial centre), the Council Building (which houses administrative offices), and the Macquarie Theatre. The surrounding and outlying areas are used for purposes such as University student housing, affiliated residential colleges, parking, sporting facilities, a biological resources area and open parkland. Every effort has been made by the planners to retain the original rural nature of the site. Gum trees, native shrubs and lawns have been plan+ted around the buildings, and there are extensive areas of natural bushland around the perimeters of the campus Enrolment Macquarie University now has more than 20,000 graduates. Its 1986 enrolment stands at over 11,500. In terms of total student numbers Mac+quarie is now the sixth largest of Australia's nine+teen universities. Academic Structure Macquarie is unique among New South Wales universities in its academic structure. In order to allow students as much freedom as possible in their choice of studies, the University has moved away from the familiar organisation into faculties and is organised instead as a single integrated body con+sisting of eleven Schools and two Interdisciplin+ary Centres: The Schools of Behavioural Sciences, Bio+logical Sciences, Chemistry, Earth Sciences, Economic and Financial Studies, Education, English and Linguistics, History, Philosophy and Politics, Law, Mathematics and Physics, Modern Languages; and the Centre for En+vironmental and Urban Studies and the Grad+uate School of Management. The range of studies within these Schools covers the traditional faculties of Arts, Eco+nomics (or Commerce), Education, Law and Science. The fields of study and the degree pro+grams are listed in the table on page 8. On enrolment students register in one School and follow a program approved by the Head of that School, but are able to add to their main areas of study courses in other fields which may be in other Schools. Courses and Credit Points An essential feature of the Macquarie system is the provision of courses of differing length and workload, rather than fixed year- long subject units. (Most Macquarie courses are of half-year length.) Each course carries a credit-point value related to its workload, and progress to gradua+tion is measured in terms of accumulated credit points. Class attendance is often only a small proportion of the total workload for a course: tutorials, labor+atory, reading and research in the library, writing assignments and study at home are all part of the work involved. It is expected that one credit point in a half-year course involves, on the average, four hours of work each week in that half-year. Full-time students will normally take courses totalling about 24 credit points in a year; part-time students about 12 credit points. Academic Advising Each student is assigned an academic adviser drawn from the teaching staff of the School in which the student is enrolled, and is encouraged to discuss with this adviser any study problems that may arise. The academic adviser is normally the first point of contact for the student with a problem. Teaching Methods In its teaching methods Macquarie University aims to provide as much contact as possible be+tween academic staff and students. Where possible the tutorial rather than the general lec+ture is the basis of teaching. Practical science work is carried out in small laboratory units where groups of students work under a super+visor. External Programs The University offers external programs leading to the awards of BA, BSc and BLegS. The range of courses available by external study is limited. External teaching involves the use of study guides and reading programs, audio tapes and the regular submission of written assignments. Most external courses require attendance at short intensive on-campus sessions normally held at the University. Advantages of the Macquarie System The advantages offered by the Macquarie sys+tem are: choice of emphasis in main area(s) of study; • width and freedom of choice of secondary areas of study; • opportunity for interdisciplinary programs combining two or more related fields; • flexibility to change direction and still retain credit for courses already com+pleted; • ability to take a relevant segment of study in another field without having to enrol in a comprehensive full-year course; • opportunity (if desired) for intense special+isation at second- year and third-year levels. Postgraduate Study Students who have completed their undergrad+uate studies and qualified for a degree may pro+ceed to graduate diploma programs which are offered in ancient documentary studies, audiol+ogy, business administration, children's litera+ture, computing, development education, envi+ronmental studies, geoscience and urban studies. Higher degree programs (for Master's or PhD degrees) are offered in all Schools, and special vocational Master's programs are offered in the fields of accounting and financial management, applied finance, audiology, business administra+tion, clinical psychology, computing, counsell+ing, economics, education, environmental planning, environmental studies, geoscience, linguistics, mass communication, migration studies, professional accounting, public man+agement, school counselling, special education, and urban studies. Non-degree Enrolment Persons who are not candidates for a degree may be permitted to attend an undergraduate course provided that accommodation and facili+ties are available and that the Head of the School in which the course is provided considers that the person has an adequate background to study the course. Applicants must be qualified for matriculation status and be eligible for admis+sion as bachelor degree candidates. The num+ber of places available for non-degree enrol+ment is limited and it may not be possible to accept all qualified applicants. Applications close with the Registrar, Macquarie University, on 1 October 1986. Continuing Education Macquarie University's Continuing Education Program consists of a range of short, self-contained courses outside the University's nor+mal undergraduate and postgraduate teaching programs. The program is in accord with the con+cept of a lifelong education and with the Univer+sity's aim of maintaining a close relationship with the wider community. Courses in the program are of two kinds: pro+fessional development or refresher courses intended to broaden or update the knowledge of people working in a profession; and general interest courses enabling people to pursue a personal interest in a subject outside their normal vocation. The courses vary considerably in length and time of offering to suit different categories of par+ticipants Some are short, intensive full-time courses; others are designed for part-time students and involve a few hours' attendance each week throughout an academic half-year, or full year. Fields of Undergraduate Study The table on p.8 summarises the fields of study in which students enrolled in a degree program may major. The letters D, E and X in the column following each field of study indicate that this program is offered as a major study by day, eve+ning and external courses, respectively. In addi+tion, individual courses in certain other fields are offered in the evening or by external study, or in mixed mode, that is partly by attendance on cam+pus and partly by external study. Only students who have been admitted to a Bachelor of Economics or a related program (BEc, BEc DipEd or BEc LLB) will be guaranteed a place in first-year courses in accounting. A quota of places in first-year accounting will be available for students who are not enrolled in a BEc or related program. Only students who have been admitted to a law program (BA LLB, BEc LLB, BSc LLB or BLegS) are permitted to under+take courses in law in their first year of enrol+ment. A small quota of places in first-year law courses is available to later-year students who are not enrolled in a law program. Student entry to Computing Science I, which would lead to a major in Computing Science and Information Systems, may be restricted by quota. Bachelor of Arts The degree of Bachelor of Arts requires a minimum of three years of full-time study (longer for part-time students). All fields of study shown above are available for the BA. However, students in the BA program who wish to include courses in accounting in their program of studies must apply for one of the limited places for students not enrolled in the BEc or a related program. Similarly, students not enrolled in a law program who wish to include one or more law courses in their program of studies must apply for one of the limited places available. Such places are allo+cated on the basis of academic merit. The flexible structure of the BA program allows students to develop programs made up of courses selected from the wide range of fields of study available whether in the usual arts areas or in science, social science or economics and finance. It is possible to undertake a major study in any of the fields listed. Thus students can con+struct a program of study appropriate to their interests and vocational aims. To qualify for the BA degree a student must com+plete at least 68 credit points of which 38 must be gained in other than 100-level (that is first-year) courses and at least 18 must be gained in other than 100- or 200-level. A substantial and coherent area of study above 200-level must be completed. Bachelor of Economics The degree of Bachelor of Economics requires a minimum of three years' full-time study (longer for part-time students). Fields of study available in the School of Economic and Financial Studies for the BEc degree are: economics, accounting and financial management, actuarial studies and demography. The emphasis in modern economics and busi+ness studies is increasingly quantitative, and the courses offered by the School reflect this emphasis. The BEc provides a basic qualifica+tion for a variety of careers in the business and financial spheres, for teachers, and for careers in the Public Service. To qualify for the BEc degree students must complete at least 68 credit points, of which at least 38 must be above 100 level (that is first-year) and at least 18 must be above 200 level in courses designated for the BEc degree. Bachelor of Science The degree of Bachelor of Science requires three years of full-time study (longer for part-time students). It is also available by external study. The four science Schools are Biological Sciences, Chemistry, Earth Sciences and Mathematics and Physics. To qualify for the BSc degree students must complete about three- quarters of the total of 68 credit points required in science courses. Science courses are offered by the four science schools and by the Centre for Environmental and Urban Studies. As well there are courses in statistics, psychology, actuarial studies and other fields which are designated as Science courses. The remaining credit points required can be made up of other science courses or humanities or social science courses. The Macquarie School structure enables students to follow expanding modern fields, such as chemical physics or geochemistry, whilst gaining an appropriate knowledge of `classical' science. Students who complete major studies in a particular subject, for example chemistry, may qualify for admission to the appropriate professional institute. Courses in Biological Sciences and Chemistry are not offered in the evening and there is only a limited range of courses in Earth Sciences and Mathematics and Physics available by evening study. Consequently, students planning to under+take study in these disciplines by part-time enrol+ment may need to consider enrolling in the external science program or including some external courses in their program. Bachelor of Arts/Bachelor of Eco+nomics/Bachelor of Science with the Diploma of Education Studies for the degree of Bachelor of Arts, Bach+elor of Economics or Bachelor of Science with the Diploma of Education are taken concurrently, normally over four years of full-time study or its part-time equivalent. Although the program may be undertaken on a part-time basis, many of the courses are offered only during the day. H27 2011 words H27a Vice-Chancellor's Report - 1985. The University of Melbourne Gazette. by Professor David Caro, Vice-Chancellor To write about a single year is to capture merely a fragment of University life - a host of dependent, but often unrelated events. Of course, 1985 is no exception. Several events dominate - our research successes, the demand for student places, the transfer of the RAAF Academy, and our continuing efforts to meet new and pressing obligations stemming from recent legislation on social issues. Overall the University can look back on its achievements during 1985 with satisfaction, even pride. The demand for University of Melbourne courses remained high. Of the 15,000 applicants for places, we were able to take 3,500. The year also saw the introduction of the University's special admissions scheme - for students who would not normally gain entry under the existing selection procedures. One hundred and forty students were admitted under the scheme, 82 from Victorian high schools, 19 from Catholic schools, two from non- Catholic independent schools, four from technical schools and 15 from technical and further education colleges. The special admissions scheme has been introduced on a three- year trial basis to allow the University to evaluate selection procedures. In selecting students, the University considered qualitative information such as school principals' recommendations, internal school assessments and work experience. Anti-intellectual environment In a recent address the Minister for Science, Mr Barry Jones, said "Australia is one of the few countries in the Western World in which the words `academic' and `intellectual' are used as terms of abuse." He is right, and I often wonder how long we can afford that. Despite this anti-intellectual environment, the University of Melbourne added to its international standing as a research institution during 1985. The University signed a $140,000 contract to supply a proton- microprobe to the Institute of Physics in Beijing, one of China's leading research institutes. The microprobe, developed in the University's School of Physics, is the most advanced instrument of its type in the world. The `bionic ear', or cochlear implant, developed by Professor Graeme Clark's research team at the Royal Victorian Eye and Ear Hospital, and the bio-medical firm, Nucleus Limited, has spawned sister companies to develop, market and sell the device internationally. The University also established a microanalytical research centre in the School of Physics, and with other institutions, developed a key centre for statistics. The statistics centre, one of seven centres of teaching and research funded by the Commonwealth Government, was established with Monash and La Trobe Universities and the Royal Melbourne Institute of Technology. To help expand Australia's commercial activities in China and Japan, the Faculty of Law launched an Asian Law Centre. Initially the Centre will concentrate on Chinese and Japanese Law, particularly in the area of trade and commerce. It will initiate preliminary research on legal developments in Korea and Hong Kong. An era came to an end on 31 December when the RAAF Academy transferred from the University to the new Defence Forces Academy in Canberra. The Academy's 24-year association with the University has been a proud one - both in teaching and research. It has graduated 35 students in physics each year during the past few years. About 550 students of the RAAF Academy have been awarded the Degree of Bachelor of Science including 50 with honours. Fifty students have completed the Degree of Doctor of Philosophy and 30 the Master of Science. Approximately 500 publications have resulted from research activities. During 1985 the University appointed an equal opportunity officer, and approved policies on equal opportunity and on combating sexual harassment. As well, the University made plans to expand its childcare facilities. An additional centre accommodating 60 children will be opened in Bouverie Street. Last year I reported the establishment of an Alumni Association aimed at strengthening and working with existing graduate organizations. Throughout the year alumni meetings were held in Brisbane, Sydney, Perth and Canberra, and interest in the University and its activities increased significantly. More than 200 people attended the launching of the University of Melbourne Gallery Society in June. The Society provides a means for members to develop and extend their interest in the visual arts through an active program of events. During the year the University was saddened by the deaths of former Vice-Chancellors Sir David Derham and Sir George Paton; Professor Emeritus Wilfred Prest, of Economics; Professor Emeritus Victor Trikojus, of Biochemistry; and Deputy Chancellor Dr Geoffrey Downes. All served the University with distinction and will be greatly missed. Pressures on education The year's events have to be seen within the context of the pressures on the whole education system. Universities have to function in an environment beyond their own control - an environment created by Commonwealth and State Governments. Whether we like it or not, universities are part of the political scene. At times the education system suffers from political compromises and from interaction between governments - often without apparent rhyme or reason. It is a political environment which can hamper intellectual pursuit in many ways. In so many aspects of University life we are hamstrung by government regulation. The number of students, the way we seek funds, and the type and, at times, quality of courses are circumscribed by governments. On student numbers, for example, the University must follow Commonwealth Tertiary Education Commission edicts. The University would like to accept many more students, but funding is not available at this stage. There is much talk of increased participation and equality of opportunity but not much is actually being done about it. When the Commonwealth Government abolished tertiary fees, the change for universities was profound. Since then there has been a single source of income, not three sources as previously. To some extent this hinders state and community objectives. When the change in funding took place, the Commonwealth expenditure on education rose from four per cent of the budget to 9.4 per cent in one year. Ever since, education has been under attack by Treasury and the Department of Finance. Beset by more and more government regulation, by both the State and the Commonwealth, the problem for Australian universities in the past decade has been to survive and find ways to support their proper functions despite the government strait-jacket. At present the Commonwealth Tertiary Education Commission is undergoing a further change and it seems certain to increase its intervention in university affairs. At the same time, the Victorian universities are influenced by the Victorian Post- Secondary Education Commission. While the Chairman of that body is most helpful to the universities, the Commission's Act would allow it to have a major impact on universities and it could, at any time, be in conflict with the Commonwealth. Giving education priority Of course, there are many problems - student numbers, funding of places, re-introduction of fees, research funding, course structure, institutional autonomy, the need to help disadvantaged groups . . . But our most serious problem may be in the way politicians and bureaucrats think about education. Too often it is seen only as an expense without an immediate economic return. It is an attitude which leads to debates about preparing people for set tasks, cost-effectiveness, and frustration as attempts to measure human potential defy bureaucratic formulae. Now that the Commonwealth is funding higher education and, in part, schools as well, the Federal education budget is around $4,000 million a year. Unless this can be reduced significantly, education will be attacked in each budget. We need, therefore, to consider how higher education might be funded by means other than, or as well as by Commonwealth grants. However, the re-introduction of fees is just one issue. The time has come to give education priority in our national thinking. One hesitates to advocate an education summit meeting, but politicians and educators must begin to set common goals for education. At the same time they must agree on the best methods to achieve them. For our University there are some concerns but I am convinced that with goodwill and good management the University of Melbourne will continue to serve its communities - both locally and internationally - with distinction. One of the greatest comforts for a Vice-Chancellor is the knowledge that he can rely for support on the skills and influence of a large and increasingly active body of graduates. H27b The University of Melbourne Gazette Vol 42 No 3 Classics detectives trace ancient Athenians By Frank Campbell WHEN HONORATIANA POLYCHARMIS, a resident of Athens, who lived in the 2nd century AD, claimed in a stone inscription that she was descended from the statesman Perikles, who dominated Athenian political life 600 years earlier, she may not have been social climbing. Working from fragmentary stone inscriptions and literary sources, Professor Michael Osborne, Professor of Classical Studies at the University, has traced more than 200 relatives of Perikles. The beginning of the family tree can be traced back to the end of the 7th century BC. "It is just possible that Polycharmis was right," Professor Osborne says. "If so, it would be interesting to know if her family was as important in the 2nd Century AD as it was in the 5th Century BC, when Perikles flourished. We might know that by the end of next year." Reconstruction of the Periklean family tree is a tiny part of a major research program by Professor Osborne which could make Melbourne University a world centre in ancient history research. The aim of the research, which is being done in co-operation with the British Academy, is to create a comprehensive biographical dictionary of identifiable citizens and residents of ancient Athens. Professor Osborne says at least 100,000 people (citizens, slaves, criminals, and mercenaries) have been identified from fragmentary stone inscriptions and literary sources. Information about them is being fed into a computer and will be published next year in two large works. One of the works - a lexicon of known Athenians - will be published by Oxford University Press for the British Academy. The second, which is to be published by Duckworth and could run to 1200 pages, will be a comprehensive biographical dictionary, containing information about the careers of each of the 100,000 or so citizens and other residents of Athens and an assessment of their importance in Athenian life. The two books will serve as a reference source for scholars in ancient history. Professor Osborne's main research is the reconstruction, interpretation, and translation of the thousands of inscription fragments, which have been recovered from archaeological excavations over the past 200 years, and which are still being discovered in considerable numbers. Many of them are in the Epigraphical Museum in Athens. (Epigraphy is the study of inscriptions). Some of the stones recovered from the excavations contain the public records of ancient Athens. Professor Osborne plans to publish the material for the years 336 BC to 50 BC with a translation and commentary, as "The Public Archive of Hellenistic Athens". The book will be illustrated by computer-drawn facsimiles of the stones and their inscriptions. "Reconstruction is a tricky task," he admits. "Most of the stones are in very bad condition as the result of frequent re- use since the original inscription." Professor Osborne explains that in ancient Athens anyone who was a citizen had the right to vote at the Assembly. When the Assembly reached a decision the Secretary of the Council was instructed to see that the decision was inscribed on stone and set up for everyone to see. "It was usually put in a religious precinct, frequently on the Akropolis where, it was believed, it had the protection of the appropriate god or goddess," he says. "But later, when troubles affected Athens, many of the stones were removed from the Akropolis, and, as time went by, were used for a variety of purposes, some, for example, as rubble for housing. Others were used as drain covers and building material for fortifications. They became damaged and fragmented. That's how we see them today." The Department of Classical Studies at Melbourne University has about 2000 impressions of these inscriptions. The impressions, called `squeezes', are obtained by applying wet filter paper to the surface of the stone inscription with a brush. H28 2007 The Review, New South Wales Red Cross Society H28a The Review, New South Wales Red Cross Society Travelling through Africa 1985 was truly an international year for the Australian Red Cross Secretary General, Mr Leon Stubbings, as he explained to New South Wales staff during a visit to the Division last December. Mr Stubbings had visited a number of Societies in Africa last year, as part of his campaign to become League President. Although he was unsuccessful at the election, his visit to sister societies, including Sudan, Libya, Mali*mali and Mauritania was successful . "Mauritania was a hot, rugged country, with its Red Crescent Society working with the League to take care of many thousands of drought victims*vicims," Mr Stubbings said. "And to my fascination, Australian eucalyptus trees were planted a mile out of Mauritania's capital city. The trees had been planted as part of an attempt to stop the movement of the sand dunes. "I also found this in several other African countries, including Zimbabwe, Sudan, and Kenya. "The Australian eucalypts grow more quickly than normal trees, hold sand, and are a quick growing fuel for cooking pur+poses." Mr Stubbings said he would be approaching the Australian Government on a project for sending gum trees to Africa. In Sudan, he visited a refugee camp about 35 miles from the Eritrean Border. "The houses they're living in are terribly primitive, but most of these people are nomads, and the housing they would build for themselves "normally" would have been similar. However, the health of these refugees is much better than in the Ethiopian camps two or three years ago," he said. "The Sudan has a population of approximately 20 million people, in an area the size of Western Australia. There are more than 100 languages spoken in this country." In 1956, civil war erupted in Sudan between the Arab North and the African South, which lasted for 17 years, in which time ties with the west were broken. In 1976, Sudan improved relations with the west, and at the same time, the League entered the country. The economy is based largely on agriculture, but only 20% of the country is arable, and not all of this is being cultivated. It is little wonder that droughts, often lasting 10 years in regions, have helped to cripple the country. At present, there are 80 delegates in the Sudan, being sup+ported by the Red Crescent Branch. Food is distributed throughout the country by airbridge, and by the use of camels. For 1986, over $AUS 19,152,500 (22,983,000 sf) is needed for protection and tracing activities, dissemination of information, medical supplies and relief, programme support and administra+tion, aid to the national society. The major area of spending is relief. This is food and goods to civilian victims of conflict and drought, as well as seed and tools. "I also visited Zimbabwe with Red Cross workers, travelling on roads `where trucks don't go'. "In Zimbabwe, there are about 300 volunteers in the outback rural areas, helping handicapped people. "In one small town, there was a young boy of ten or so, who was born with cerebral palsy. The village people did not know what to do with him, and his often `crazed' behaviour led them to tie him to a tree every day to control him. "The Zimbabwe Red Cross, which looks out for handicapped children, were able to help the boy." Every week, a Red Cross volunteer nurse walks to the boy's village, from her own, to check on the boy and his aged grand+mother who is now caring for him. "Apart from the extraordinary work being done in those countries, what impressed me most was how the ICRC, The League and the National Societies worked together as the one Red Cross." H28b The Review - New South Wales Red Cross Society RAIN, HAIL, BUT VERY LITTLE SUNSHINE Following a tradition of four years, the Red Cross Calling launch took place under rain laden clouds, but this year no one minded as many of the crowd were already wet. The 1986 Red Cross Calling Appeal was launched at South Maroubra Beach as part of the 1986 State Surf Life Saving Cham+pionships. Mr Michael Cleary, Minister for Sport and Recreation, and a member of the Surf Life Saving fraternity, officially launched the appeal. Mr Cleary took the opportunity to thank Red Cross for its work throughout the community, and to present the Chairman of the Division, Dr David Storey, with a cheque on behalf of the New South Wales Government, for $27,500. Organisers of the appeal chose to launch the Calling at the beach to emphasise Red Cross' close association with Surf Life Saving and first aid generally. For the past nine years, the Sydney Mobile Voluntary Aid Detachment has provided first aid at the State championships. "We also supervise the first aid certification of members of the Surf Life Saving Rescue Helicopter," said Mr John Smith, Execu+tive Director. "We are proud of the work Red Cross does in sporting events, and wanted to recognise Sydney Mobile for their continu+ous work in the community in the name of Red Cross." Although final figures will not be available until June, the 1986 Red Cross Calling Appeal looks to reach its target of 1 1/2 million. For many areas throughout New South Wales, this was the first year that the Red Cross Calling took place. Tumut was one such town which expects to rule off its books with a total of $3,800. "This is a superb effort from such a small town, especially when you consider it was its first year," said Mr Graham Karp, Supervi+sor of Red Cross Calling. "The Calling was arranged by the Tumut Red Cross branch, and the organisers are as thrilled as we are. "Two other towns which deserve a special mention are Yass, which raised $1,300, and the tiny town of Bookham which raised $500." Once again, the Calling was organised by the Red Cross branch in each town, and it was the first time the Calling had been held. At the 1985 Annual Conference, mention was made of the "family to a street" approach, which had been operating then for two years in Hunters Hill, in Sydney. "Sue Hoopman, the originator of the approach, used it again this year in her area, and is expected to break the current record of $10,000 by $1,000. Mrs Lambell, from the Gulargambone branch, and zone repre+sentative, used this approach in Dubbo this year. Dubbo did not hold a Calling last year and in previous year's had raised in the vicinity of $2,000-$3,000. This year the area raised $5,500 by using the family to a street approach. Families were organised to collect in their own street, and reports are that all who took part had a most enjoyable time. "Figures have shown that those areas which have used this approach raised more money than in previous years." But perhaps the most outstanding success story is of three young high school boys, two from Fairfield and one from Strathfield. Each boy raised $1,000 on their own for the Calling Appeal. "I feel confident that this has never occurred*occured before", Mr Karp said. "It has restored my faith in human kind, that three young people were willing to give up their time, and work so hard." The Red Cross Calling Department is currently looking for a special award to present to each of the boys for their outstanding effort. SMALL ARTICLE OMITTED H28c The Review - New South Wales Red Cross Society COLOMBIA VOLCANO All Divisions and National Headquarters have received funds from the public for the Red Cross relief operation which followed the tragic volcanic eruption of the "Nevado del Ruiz" in Colombia in November 1985. The League of Red Cross and Red Crescent Societies has worked with the Colombian Red Cross to provide relief to the victims of the calamity. Detailed Situation Reports in telex format have been circulated to all Divisions. They outline the nature of the Red Cross relief action. The Australian Government contribution to the Red Cross pro+gramme was $300,000. The Australian Red Cross has transferred a further $177,455.19 received from the public and $5,000 from the Society's Overseas Assistance budget item. Former Colombians now living in Australia have been particu+larly active in fund-raising for Red Cross and the enclosed photo+graph may be of interest for Divisional publications. Pictured from left to right are Mr Alan McLean, Assistant Secretary General, Australian Red Cross Society receiving a cheque from Mrs Raphaela Lopez, President of the Spanish Latin American Welfare Centre and Mr Reynaldo Buitrago, President of the Col+ombian Community of Victoria. H28d The Review - New South Wales Red Cross Soceity FLOAT ON PEACE The Nepean VAD cadets, winners of the Red Cross Lady Cutler Cup, entered a float on the theme of Interna+tional Year of Peace in the Australia Day procession through Penrith and St Marys on Monday, January 27. The group has been entering a float in the procession for the past eight years, and received a plaque for the best decorated float last year. This year's float was decorated with blue, red and white streamers coming down from a maypole and circling the truck. A large dove, and peace symbols were also part of the display, as well as maps of Australia. Director of the Voluntary Aid Service Corps, Miss Phyl Jenkins, said the cadet leaders, Mrs Jean Stephens, and Mrs Lorna Parr, and the cadets put many hours of hard work into the float. "Although they didn't win anything this year, they are to be commended for their community mindedness, and their hard work," she said. H28e The Review - New South Wales Red Cross Society Smiles Raise $210,000 Volunteers' smiles, and hard work raised over $210,000 on Red Cross Button day last December, according to the Appeal Supervisor, Miss Shirley Wood. "The volunteers did a terrific job, and we expect to be receiving money from the Christmas Appeal Button Day for some weeks yet. "It's not an easy job, standing on the street, selling buttons to people who don't want to buy them, but the volunteers always managed a smile, which I'm sure is what sells the badges." Most volunteers who took part also held street stalls, raffles and luncheons to raise money for the Divi+sion. "Red Cross services could not continue without the help from people like this." The next Red Cross Button Day for the Winter Appeal, is on Friday, June 6, and volunteers from coun+try and metropolitan areas will be needed again. H28f The Review (New South Wales Red Cross Society Victorian Paddlers Raise $110-120,000 by TRACEY NORQUAY WHAT involves 343 canoes, 552 paddlers, 3000 landcrews and officials, hard work, and is expected to raise $110,000- 120,000? The answer is the Victorian Red Cross Division's Murray River Canoe Marathon, which I "landcrewed" for. The Murray River Canoe Marathon, which has been held for 16 years, involves a 403 km paddle down the Murray River from Yarrawonga to Swan Hill. This year's paddlers ranged in age from 16 years old (the winners) to 60. The standard ranged from semi-professional com+petitive paddlers to those in hire canoes, who probably began "training" a few weeks before the event. Many were ecstatic to have 30 seconds off the record and did not stop racing all day, others just wanted to finish, and say "done that". But for dedication, or sheer desire for punishment, the paddlers shared equal place with the landcrews, and officials. The paddlers had to paddle an average of eight hours a day, 92 km on the first day, 96 km on the second, 77 km on the third day, 62 km on the fourth, and 76 km on the fifth, making the total 403 kilometres. Landcrews had to rise at dawn, cook breakfast, pack up the tents, drive along corrugated dusty roads to checkpoints, meet, feed, encourage and massage paddlers, and set up camp in the next town. The Marathon committee and officials, who included starters and wakerupperers, organised the event, and made sure that everything was running smoothly. Starters check boat numbers from 6.30 am each day - check and double check that each boat starts, and that they had life jackets, etc; wakerupperers risk almighty abuse, as they drive through the marathon camp each morning at around 5 am, with Morning Has Broken, Always Look on the bright side of Life, and Wakey Wakey Everybody, blaring over the loud speakers. H29 2013 Power House museum director's report The task of creating a new museum on the scale of the Power House is long, difficult and complex. Much of the Museum's resources have been directed towards this exciting project. Each year of its development witnesses significant advances, new issues to resolve and greater confidence in the project's ultimate success. The year 1985-86 was a crucial one for the Museum - one of serious appraisal, some change and a streamlining of practices and organisation. An important development in 1985-86 has been a restructuring of the organisation of the Museum to meet the needs of its developmental projects. This program is now complete and will remain until the Power House opens. The new structure has been designed to make the Museum more responsive to the needs of the project. It temporarily replaces the management structure of curatorial and production departments. There are now four divisions, each headed by an Assistant Director responsible to the Director and Deputy Director. These divisions are: Exhibitions; Community Services and Marketing; Properties and Administration; and Space Theatre and Observatory. These changes have distributed Museum resources more efficiently, improved interdepartmental communication, streamlined procedures and upgraded the status of some activities, such as community services and marketing. For this financial year, the Annual Report is structured in line with this new organisation. During the year the Museum has planned to create a number of new permanent positions. These positions are for staff who will be needed to continue Museum work after the Power House project is complete. Significantly more permanent positions will need to be created to fulfill the requirements of the day-to-day running of the Museum from 1988. In a time of tight budgetary constraint, the Public Service Board has been reluctant to approve new permanent positions. The Museum continues its efforts to keep demands on Government funding to a minimum. Construction and restoration of the Power House buildings has progressed well, particularly in the first half of 1986. Close working relationships have been established between the Museum and the Public Works Department. This has had tangible results in the rate of construction. By the end of the financial year 11,000 cubic metres of concrete had been poured for the buidings, glazing of the Harris Street frontage had begun, cleaning the historic brickwork was proceeding and roofing the new buildings was under way. In December 1985, the Premier, the Hon Neville Wran, announced that the Government would build a $11 million space theatre in the grounds of the Power House. Cutbacks in expenditure and changes in planning have meant, however, that Government funding is no longer available for this project. It is the Museum's view that the location of a Space Theatre on site would be a major drawcard, increasing the number of visitors while enhancing the science and technology areas of the Power House. The Power House will feature some 30 exhibitions. These have been grouped into five broad themes: Creativity and Australian Achievement; Everyday Life in Australia; Decorative Arts; Bringing People Together; and Science, Technology and People. The members of these groups are responsible for the development of the exhibitions; production departments service them. These include conservation, registration, photography and community services, audio visual, publications, production and administration. During the year a number of significant reviews were instituted. These examined the project as a whole, curatorial areas and individual exhibitions. At the invitation of the Government, Dame Margaret Weston, the then Director of the Science Museum, London, inspected and reported on the Power House project in January 1986. Dame Margaret approved the direction the project was taking. However, she made a number of recommendations about what could be achieved by 1988, where exhibitions would be best located, and circulation paths within the Museum. Her recommendations have been accepted by the Museum, and incorporated into planning and design. The Museum is reviewing the policies and development strategies of a number of areas of the Museum's operations. A committee has reviewed the Decorative Arts; another has planned for Science and Technology; a third will review Community Services and Marketing. These committees consist of senior management within the Museum responsible for the area being reviewed, and relevant experts and consultants from tertiary institutions and the community. The Decorative Arts Review Committee delivered its report in March 1986. Its proposals have been broadly accepted by the Trustees and its implementation is subject to proposals from Museum management. The Museum continues to examine exhibition storylines, objects and presentation, among other things, to ensure that each exhibition is coherent, interesting and accurate. During 1985-86 development of Power House exhibitions made good progress. In early 1986 all reached the design exhibition phase. Two are being designed in-house. Three are being designed by consultants: Denton Corker Marshall, Desmond Freeman and Associates and Neil Burley and Associates. A Principal Design Consultant, Richard Johnson, has also been appointed to oversee the design process. Design drawings have been produced for each display and detailed design work has begun. Other specialist consultant services are also being engaged by the Museum. Emery Vincent and Associates has been appointed as Graphic Design Consultant, to work on all the Power House's graphic design from the corporate plan to signage and labels. Consultants have also been appointed for lighting, acoustics and quantity surveying. Tenders have also been received for a Communications Consultant, who will advise the Museum on written communication with the public to ensure that displays achieve a dialogue with visitors. Temporary exhibitions mounted at Museum venues proved popular with the public (and with critics). At the Hyde Park Barracks, Settlers and Sydneysiders, an exhibition of turn-of-the-century photographs, taken by the Charles Kerry Studio was shown. This exhibition was sponsored by The Bulletin and drew its images from an extensive collection of glass-plate negatives taken by the studio, donated to the Museum by Australian Consolidated Press. In the Australian fauna room at The Mint, there was a display, Picture the Kangaroo, of children's books and illustrations on the theme of the kangaroo. At Sydney Observatory, in the newly restored west wing, a temporary exhibition on Halley's comet was mounted between December 1985 and April 1986. Forty seven thousand people visited this exhibition. A new exhibition previewing the Power House project was mounted in Stage I. New temporary exhibitions of German Crafts, the Wellcome collection from the Science Museum in London, and koalas in children's books and illustrations, are planned for The Mint and Hyde Park Barracks in the second half of 1986. Exhibitions on contemporary Swedish design, and Rhoda Wager and her school, will be mounted early in 1987. The Museum was honoured in April 1986 by the American Society of Mechanical Engineers. This group made the Boulton and Watt Rotative Beam Engine an International Landmark, an award conferred on only half a dozen objects outside the USA. The award is made for engineering artefacts of social or historical importance. The Boulton and Watt was the third rotative beam engine built, and it is the oldest to survive. The Museum celebrated the engine's 200th birthday in July 1985. Major acquisitions this year included the Tooth and Company Limited Collection, a comprehensive collection of some 7,000 items relating to the history of brewing in New South Wales; the Findlayson Collection of tin toys purchased with Patrons Funds; the first official air ambulance; a Fairlight computer musical instrument; a spectroscope; chairs made by Sebel Australia and a bronze candleholder by Sir Bertram Mackennal. These artefacts have been collected for display in exhibitions in the Power House Museum. It is, however, staff who make the Museum function; and on them the Power House project depends. Their dedication and hard work are invaluable. All at the Museum look forward confidently to the future. The new organisational structure and the processes of review are providing the Museum with clear and far-sighted policies, objectives and strategies, better management, exhibitions and public services. Over the past year the Museum's record has been very creditable. Several popular temporary exhibitions have been held. Excellent acquisitions have been made, and development of the Power House has advanced considerably. I am confident this progress will continue in the coming year, extending the Museum's capacity to entertain, enlighten and enthral. The standards the Museum has set will be upheld, and at Sydney Observatory and the Power House we will establish significant Museums of which New South Wales can be very proud. DIVISION OF COMMUNITY SERVICES AND MARKETING The appointment of an Assistant Director, Community Services and Marketing in May 1986 brought together four previously separate departments: Community Services, Publications, Museum Shops and the Library. This consolidation places community services and marketing functions firmly within the senior management structure of the Museum, a positive step towards ensuring the quality of visitor interaction with the Museum's exhibitions. The overall objectives of the Division are to ensure that communication with visitors through exhibitions and related programs is maximised and that their experience is comfortable and enjoyable. The Division is committed to the view that the Power House Museum's success lies in delivering a lively, involving experience that will encourage occasional visitors to return to the Museum frequently. The establishment of a Division with this aim is a first step in that direction. The activities of the four departments are detailed below. The new Division also has a group of Education Officers responsible for Community Services input to the Power House project. With barely 20 months to opening, the Division will be concentrating on developing visitor programs, publications and products related to the collections. Consolidation of services provided to visitors at the Museum's other venues will also take place. Community Services Department The purpose of this Department is to assist and encourage people to make use of the Museum and in the process to raise its profile in a positive sense in the community. To this end we offer a comprehensive range of services and programs designed to make optimum use of the Museum's resources in a manner consistent with audience needs and Museum policy. Stage I Stage I was closed from September 1985 to late January 1986 to allow the removal of a large part of the previous exhibition and the establishment of a new one. The closure released a number of staff which provided an opportunity to develop a series of talks about the Museum, its collections and future development for schools and senior citizen groups. The Mint and Hyde Park Barracks Regular, general and special tours were run for schools, colleges, clubs, tourists and casual visitors by both paid and voluntary guides. Two `community language' volunteer guides were recruited to provide tours for visitors from cultural minority groups. A number of new activity sheets and teacher information leaflets were developed for formal school programs. These were complemented by school holiday programs including films, craft and recreational activities. A ten-session Adult Education Course was developed in conjunction with the Workers' Educational Association. Events such as Heritage Week and Senior Citizens' Week were marked by specially tailored programs. Over the next twelve months community services at The Mint and Barracks will be expanded, particularly in the area of exhibition-related information for use by schools. Sydney Observatory Special brochures on Halley's Comet were produced for visitors, including a Japanese language leaflet. From early February the night viewing sessions for the public were extended from four nights to six. From July 1986 these will be increased again from one to two sessions per night. The evening visits are very popular with bookings usually required about six weeks ahead. A broader public education program, including in-service teacher seminars and practical workshops is being developed for the fully-restored Observatory. Museum on the Move During the year Museum on the Move undertook two tours, one to the Northern Rivers area, and one to the Riverina. 54,000 people saw the exhibition which deals with social change. During September 1985 the train went to Wentworthville in Sydney's west, and over a period of six days 6,000 people visited the exhibition. An education officer took up duties at the end of the year to develop a new exhibition for Museum on the Move in 1988. H30 2001 words CSIRO Laboratory News Major advance in genetic engineering techniques CSIRO and Sydney University scientists have made a major advance towards the development of genetically engineered vaccines for a wide range of human and animal diseases. The scientists are using the new techniques to develop a vac+cine against footrot, a major disease of sheep now costing Australian farmers about $60M a year in losses and control measures. Footrot is a problem in many countries including the US, New Zealand and the Soviet Union. The researchers believe the techniques, patented world-wide, could also form the basis for vac+cines against other diseases in+cluding gonorrhea and con+juctivitis. Minister for Science Barry Jones announced the vaccine development during a visit to the CSIRO Division of Molecular Biology in Sydney. Mr Jones also announced an agreement between CSIRO, Sydney University and two Australian companies, Biotech+nology Australia and Arthur Webster, to produce the footrot vaccine. The agreement, negotiated by CSIRO's commercial company, Sirotech, involves a two-year col+laborative research program aim+ed at the commercial develop+ment of the vaccine against footrot. Mr Jones said a prototype footrot vaccine had been suc+cessfully produced and tested by scientists from CSIRO's Divisions of Molecular Biology in Sydney, Animal Health and Protein Chemistry in Melbourne and the University of Sydney. "This research agreement in+cludes further refinement of the prototype and the vaccine is ex+pected to be on the market within two years," he said. "Currently available footrot vaccines are very expensive to produce because the footrot bacterium is slow growing, re+quires a particular environment and oxygen-free conditions. These vaccines also contain at least eight different strains of the bacterium and this adds to the production problems. In developing the genetically engineered vaccine, the scientists used recombinant DNA methods to transfer a key gene from the footrot bacterium into a less fastidious, fast growing bacterium. This gene controls the develop+ment of small hairs, known as fimbriae, which are used by the bacteria to attach to animal or human tissue. The proteins that make up these hairs act as antigens, trig+gering the defence system of the infected animal. Isolating these antigens is crucial in the develop+ment of effective vaccines. A wide range of other bacteria used similar hairs to colonise host tissue and the same techniques may be used to develop a vaccine against them. The researches are: Prof John Egerton, professor of Veterinary Clinical Studies at Sydney University, who first established that it was feasible to vaccinate sheep against footrot; Dr David Stewart of CSIRO's Division of Animal Health, who first discovered that bacterial fimbriae were the key antigens required for vaccination; Dr Neil McKern of CSIRO's Division of Protein Chemistry, who determined the amino acid sequence of the fim+brial protein; Dr John Mattick of CSIRO's Division of Molecular Biology, Dr Tom Elleman of CSIRO's Division of Protein Chemistry, and Ms Beau Ander+son, a CSIRO/Sydney University student, who collectively per+formed all the genetic engineer+ing associated with the project. "Trials have shown the vaccine to be extremely effective and it is expected to be relatively inexpen+sive to produce," Mr Jones said. "Under the agreement, the two companies will provide tech+nologists and financial support for commercial development and will jointly hold an exclusive world-wide licence to produce and market a successful product. "If all goes as expected, this Australian high technology pro+duct will find a ready world market. The research has been supported in part by the Australian Wool Corporation and the Australian Meat and Livestock Research and Develop+ment Corporation. "High hopes are held for genetically engineered vaccines and this is one of the first to reach this advanced stage. And in the longer term the techniques learnt here are expected to have much wider application. "This work represents a most important advance in vaccine technology and confirms Australia's leading position in genetic engineering research. "Furthermore, we have made great strides in recent years to en+sure Australian industry benefits from this growing scientific expertise." Hope ahead for osteo-arthritis sufferers Scientific collaborators in Sydney and Sweden believe they are well on the way to developing a new class of drugs which would revolutionise the treatment of osteo-arthritis, one of the most common diseases of old age, as well as a range of other degenerative diseases of connective tissue. The drugs could also aid the healing process after cartilage injuries. It is envisaged the treatment would also have wide application to domesticated animals, especial+ly racehorses. In man and animals the principal weight bear+ing joints, the knee and hip, as well as the spine, are the areas most affected by osteo-arthritis. A grant of $50,000 plus $17,000 for equipment towards this year's research in Sydney has come from the Swedish phar+maceutical company Pharmacia with more anticipated in the future. Dr Peter Ghosh, director of the Raymond Purves Laboratory at Royal North Shore Hospital (RNSH) and a member of the Department of Surgery (Ortho+paedic and Traumatic), leads the Sydney team. A senior research biochemist with Pharmacia at Upsala, Sweden, Dr Tony de Belder, will work at RNSH with Dr Ghosh on the project until September. Dr Ghosh believes the grant may be one of the first made in conjunction with the university which comes under the new 150% tax concession category. Millions suffer Osteo-arthritis causes suffering to millions throughout the world. Latest figures show that about 86% of women and 78% of men over the age of 65 suffer from it in some form. Other degenerative conditions are common, par+ticularly injuries to the knee, hip and spine which frequently lead to pain and incapacity. The only drugs presently available in Australia to treat these conditions are limited to those suppressing symptoms by alleviating pain, swelling and the influx of inflammatory cells and their mediators: but they have no ability to stimulate healing to aid the underlying problem. Among drugs commonly used are aspirin, naprosyn and indocid and, in severe cases, cortosin. The new drugs, Dr Ghosh an+ticipates, would modify degenera+tion of joint articular cartilage by suppressing enzymes and other mediators which, in the pathological state "eat" the con+nective tissue or cartilage faster than the tissue cell can replace it. "In healthy cartilage enzyme inhibitors are present which nor+mally block these degradative processes," said Dr Ghosh, "but for some reason the levels of these natural inhibitors is depress+ed in arthritis." Dr Ghosh and his team have isolated and purified, for the first time, the natural inhibitors which suppress the destructive enzymes and they consider that future therapy in this area may be based on replacing the inhibitors lost from arthritic cartilage. Now that the native inhibitors have been characterised, DNA recombitant techniques should allow them to be produced synthetically. A semi-synthetic molecule available in Europe and Japan, Arteparon, which has a similar mechanism of action to the drugs currently under study, gives cause for optimism in the drug project underway. Arteparon is not a pure compound, however, but is an ill-defined mixture prepared by chemical modicica+tion of calf cartilage extract. As it is difficult to define its structure, according to Dr Ghosh, registration in Australia for human use has not been achieved. Nevertheless, clinical trials with Arteparon in Ger+many undertaken since 1976 on more than 5000 osteo-arthritic patients have shown a high degree of success. Excellent results Of the 80% who experienced good results from the drug about 20% had excellent results, some with remission. Of the 20% who received no benefits from Arteparon, less than 1% ex+perienced side-effects, the main one being related to anti-coagulant activity when the drug was injected directly into the joint. Dr Ghosh and colleagues con+sider the molecules they have so far developed are superior to Arteparon. Moreover, they can be well-defined structurally. By correlating the biological activity of these new drugs with their structure and conformation they are confident that new highly specific anti-arthritic agents will emerge. NH&MRC grants Dr Ghosh has also received substantial grants from NH&MRC for several years for basic research on cartilage, its structure, function and meta+bolism. This work provided the key to a better understanding of the connective tissues which are found in knee joint minisci, ar+ticular cartilage, ligaments, ten+dons and intervetebral discs. Their work has concentrated on articular cartilage of the hip and knee, fibro-cartilage, or the miniscus, of the knee joint, and intervertebral discs. In these areas, Dr Ghosh ex+plained, there are classes of en+zymes, metallo-proteinases and serine proteinases, which in ab+normal conditions degrade some of the principle matrix, or building blocks, of the connective tissue. Normally these enzymes are latent but they can be trig+gered by inflammatory mediators during injury or because of nutri+tional inadequacies of the con+nective tissue cells. "Mature connective tissues are avascular, that is, they do not have their own blood supply," said Dr Ghosh. "Normally building blocks or nutrients such as oxygen, glucose, amino-acids and phosphates must traverse up to three millimetres of tissue to get to the cartilage cells, or chon+docytes. This renders them par+ticularly susceptible to events which interfere with their nutrition. "In the case of the disc, injury, inflammation, or an inherited ab+normality in the bone plate beneath the disc, can dramatical+ly influence the nutritional pro+cess, often leading to cell death. "In response some of the cells then produce more lactic acid which makes their environment more acid stimulating enzyme activity. "It was while investigating the activity of these enzymes and the ways in which they could be con+trolled that the discovery was made about the presence in human articular cartilage and discs of inhibitors which prevent the enzymes from degrading the fundamental building blocks." In the course of his work Dr Ghosh and his colleagues have in+vestigated 21 drugs and their ef+fects on the cartilage. He has found that some used to reduce inflammation and swelling, do not help the articular cartilage itself and sometimes make it worse by suppressing the body's natural repair mechanisms. Koalas threatened by lack of research Ignorance is the biggest problem facing Australia's koala population - ignorance of their health problems, their mortality rate and how they are adapting to a changing environment through contact with human beings. "I expect their numbers are declining, but nobody knows for sure," says Dr Paul Canfield, senior lecturer in the Department of Veterinary Pathology at the University of Sydney and one of the few academics in Australia actively involved in koala research. Supported by $5080 from the Sun Herald Koala Appeal Fund and $7500 from the Australian National Parks and Wildlife Ser+vice, Dr Canfield is attempting to discover what diseases koalas are susceptible to, and what causes them. His work involves 40 to 50 post mortems on koalas each year. "We know so little about koalas we are not even sure what their normal metabolism*metalbolism is," Dr Canfield says. "One of my tasks is to try to establish normal haematological and biological parameters in order to detect abnormalities." "Wet backside" Urogenital and respiratory diseases are common findings in koalas examined by Dr Canfield. The urogenital disease is also known as "wet backside" disease and probably affects the fertility of infected koalas, throwing addi+tional stress on population rates. Koalas also suffer from cancers and diseases of the gastro+intestinal tract and liver, accor+ding to Dr Canfield's research. Dr Canfield has been conduc+ting research into koalas for more than six years, and in that time has performed post mortems on about 130 of the animals. The dead koalas are sent to him by the Port Macquarie Koala Preservation Society and by vets from the NSW North Coast and other areas. The Society also takes blood for testing from both sick and apparently healthy koalas so a fuller picture of the state of disease in koala popula+tions can be formed. "A large percentage of the deaths of koalas are directly or in+directly related to car accidents or from maulings by wild animals and domestic pets," Dr Canfield said. "But in about 20% of cases we can't find any tissue damage so we don't know the cause of death. We just don't have the ade+quate information so it is impossi+ble to reach a diagnosis." Varying success Treatment of sick koalas is also in the infancy stage.