THE MODERN TASK OF JUDICIAL ADMINISTRATION IN NEW SOUTH WALES*

The purpose of this address will be to argue that the task of judicial administration in New South Wales is qualitatively different at the present time from what it has been in the past and special thought and attention and special administrative machinery are required to cope with it. Since the Second World War the business of the courts has been growing, as have judicial numbers, but until recent times the growth has been coped with by relying on established administrative machinery and techniques. The problem was regarded as a quantitative one to be handled by increased staff in the registries, more judges, more courtrooms and so on. But today the scope of the problem demands much more imaginative solutions. It is really different in kind from previous problems in the judicial field.     

ACCESS OF PUBLIC SERVANTS TO AUSTRALIAN INDUSTRIAL TRIBUNALS: ATTITUDES OF GOVERNMENTS AND GOVERNMENT EMPLOYERS*

Abstract: Some recent cases in the arbitration tribunals involving strikes and work bans suggest that some governments and government employers are apprehensive about and resentful of the intrusion of the tribunals into their affairs. The Commonwealth government, for instance, recently amended the Public Service Act to remove what were seen as threats to the efficiency of the public service resulting from constraints imposed by the Arbitrator on the Public Service Board in relation to recruitment, selection and promotion. At the State level, the issues which arise in many public service strikes are not industrial in character, yet as the strike in almost all gaols in N.S.W. earlier this year illustrated, an industrial tribunal can help the conflicting parties reach an agreement. If, however, the tribunal fails in such efforts, it can do no more, where the issues are not industrial, than state its views about what is just and reasonable in the circumstances and perhaps recommend how the dispute should be resolved. Since 1974 the attitude of the N.S.W. Public Service Board toward this category of recommendations has hardened, as illustrated by the 1975 Teachers Case re Preference; the 1978 Prison Officers Case re Disciplinary Proceedings; and the 1978 Teachers Case re Disciplinary Proceedings. But while some governments and government employers fear that the discharge of their responsibilities is being impaired by industrial tribunals, they are nevertheless prompt in enlisting the aid of these bodies when in trouble and often find such aid indispensable. Governments and government employers will have to learn to live with the industrial tribunals, which, at the Commission level, are part of the judiciary and have an obligation to discharge their statutory responsibilities independent of the executive branch of government.     

An updated survey of four policies and practices in American adult corrections

Results of recent (1977) national surveys on four policies and practices in American adult corrections are compared with results of similar surveys conducted six years earlier (1971). The home furlough policy was the only one to change noticeably from the 1971 survey. Study release, ex-offender employment, and good-time policies remained relatively unchanged. Brief comments on and recommendations for expansion or modification of the four policies and practices are included.     

Motor-vehicle collision-related death due to delayed-onset subarachnoid hemorrhage associated with anticoagulant therapy

Delayed deaths following injury are not rare. Various mechanisms may be responsible for such deaths, including pulmonary thromboembolism, fat embolism, infection, systemic inflammatory response syndrome, and delayed hemorrhage. In the present case, we describe a death due to delayed subarachnoid hemorrhage following a motor vehicle collision, wherein the hemorrhage occurred ten days after the incident, while the patient remained hospitalized for skeletal trauma. At no time prior to the hemorrhage did the victim show any symptoms of brain injury. Autopsy revealed basilar subarachnoid hemorrhage arising from a cerebral cortical contusion. There was no evidence of aneurysm or arteriovenous malformation. A significant underlying contributing factor in the delayed hemorrhage was the victim's chronic anticoagulant therapy, which was required because of a mechanical heart valve.     

Criteria for the interpretation of cocaine levels in human biological samples and their relation to the cause of death

The determination that cocaine is directly responsible for the immediate cause of death should be considered only when there is a reasonably complete understanding of the circumstances or facts surrounding the death. Another, more obvious and immediate cause of death must be absent, or, at least cocaine must be shown to be a significant contributing factor in the chain of medical findings that lead directly to the immediate cause of death. Not all death investigation requires the sequential steps described in this paper, but these steps must be considered early on in the investigation whenever there is scene, investigational, medical or a historical basis to believe that cocaine is directly related to the cause of death. A relatively high profile death when cocaine is known to be involved, or a death involving unusual behavior on the part of the deceased with police involvement are examples where these considerations may well apply. Information needs to be obtained as soon as possible to have the highest chance of successfully documenting the toxicologic basis for the diagnosis. These facts would include, but would not necessarily be limited to, a scene investigation (whenever possible), a careful review of the investigative reports from all involved agencies, the initial core temperature of the body as well as that of the environment at the time of the collapse or death, the past medical history of the individual, and the results of a complete forensic autopsy and toxicologic studies. Knowledge of and an understanding of the current relevant forensic literature on this subject should be available to the reviewer prior to any interpretation of the significance of cocaine upon a specific death.     

The Effect of Intellectual Disability on Children's Recall of an Event Across Different Question Types

This research examined the performance of 80 children aged 9-12 years with either a mild and moderate intellectual disability when recalling an innocuous event that was staged in their school. The children actively participated in a 30-min magic show, which included 21 specific target items. The first interview (held 3 days after the magic show) provided false and true biasing information about these 21 items. The second interview (held the following day) was designed to elicit the children's recall of the target details using the least number of specific prompts possible. The children's performance was compared with that of 2 control groups; a group of mainstream children matched for mental age and a group of mainstream children matched for chronological age. Overall, this study showed that children with either a mild or moderate intellectual disability can provide accurate and highly specific event-related information. However, their recall is less complete and less clear in response to free-narrative prompts and less accurate in response to specific questions when compared to both the mainstream age-matched groups. The implications of the findings for legal professionals and researchers are discussed.