ACTU View of the Industry Commission Report on Competitive Tendering and Contracting

This report presents a critique of the Industry Commission's final report entitled Competitive Tendering and Contracting by Public Sector Agencies (1996). From a trade union perspective, the authors raise many concerns about the methodology, ideology and findings of the Industry Commission report.     

Forensic odontology lessons: multishooting incident at Port Arthur,Tasmania

On Sunday 28 April 1996 a lone gunman killed and injured many people at the historic penal settlement ruins at Port Arthur in South Eastern Tasmania, Australia. Thirty-two victims were shot dead and 19 were injured in a short time inside a cafe and along the roadway leading to the site entrance. The gunman then took one hostage to a nearby guest house which was occupied by a married couple. Police stood siege during the night. Early the next day the cottage began to burn and a man suspected to be the gunman eventually ran unarmed from the building with his clothes alight and was arrested. The house burned to the ground. Three bodies were later located in the burnt ruins. Forensic odontology played a role in the retrieval of evidence and identification of the incinerated victims. Lack of antemortem dental records for one victim necessitated the reliance on a single CT scan radiograph for matching with the remains. Fire scene procedures, evidence collection and other issues were reviewed. The overwhelming scale of this tragedy and its adverse effects on the Tasmanian community, especially the victims' families and survivors, cannot be overestimated. While acknowledging this, it is important that lessons are learnt from tragedies such as these. This paper is presented with a view to assisting forensic odontologists in the investigation of complex incidents.     

Lessons from European population genetic databases: comparing the law in Estonia, Iceland, Sweden and the United Kingdom

The advent of large-scale, population genetic databases (PGDs) in several countries around the world marks a significant development in human DNA banking and genetic research. The European countries that have led the way in the development of PGDs are Iceland, Sweden, Estonia and the U.K. In legal terms, the emergence of PGDs has been far from straightforward as such projects pose a range of difficult and complex issues for the law to address. This article canvasses the current law in Iceland, Estonia, Sweden and the U.K. on four fundamental issues of principle pertaining to PGDs, in order to illustrate the difficulties that have emerged around PGDs, highlight key areas of legal concern, and shed light on possible ways forward. It compares and contrasts the differing legal positions and lawmakers' responses to date in these four European countries that have established PGDs or are seeking to do so. The four fundamental issues examined are: (1) consent, especially for secondary research purposes; (2) ownership of biological samples, data and databases; (3) the rights of certain third parties to gain access to, and to use, PGD biological samples and data; and (4) benefit sharing, including the provision of feedback and genetic counselling to participants. This analysis may offer some guidance for policymakers in other jurisdictions where PGDs have been proposed or are being established.     

Another Look at Identity-Based Conflict: The Roots of Conflict in the Psychology of Consciousness

Conflict scholars and practitioners have devoted much effort to understandingwhy differences sometimes escalate into full-blown conflicts. Butnot enough attention has been paid to the psychological and physiologicalprocesses of reality formation and identity formation inherent in thenature of individual human consciousness. The author shows how thefunctions of identity and reality formation pervade human activity, andhow they are particularly connected to conflict. This theoretical constructhas a variety of implications for mediators and dispute resolution in general,which the author illustrates with a series of brief case examples.     

From rule-taker to rule-promoting regulatory state: South Korea in the nearly-global competition regime

When rapid economic growth catapults a country within a few years from the margins of the global economy to middle power status, does global regulatory governance need to brace for a challenge to the status quo? To answer this question, we extend the power transition theory of global economic governance to middle powers: A rising middle power should be expected to challenge the international regulatory status quo only if increasing issue-specific strength of its regulatory state coincides with preferences that diverge from the preferences of the established powers, which are enshrined in the status quo. We examine this argument empirically, focusing on South Korea in the realm of competition law and policy. We find that South Korea, a non-participant in the international competition regime until the 1980s, developed in the 1990s substantial regulatory capacity and capability and thus “spoiler potential.” At the same time, however, its policy preferences converged upon the norms and practices established by the United States and the European Union, albeit with some distinct elements. Under these conditions, we expect a transition from rule-taker to rule-promoter. We find that South Korea has indeed in recent years begun to actively promote well-established competition law and policy norms and practices – supplemented by its distinct elements – through technical assistance programs, as well as various bilateral channels and multilateral institutions. The findings suggest that the power transition theory of global economic governance is usefully applicable to middle powers, too.     

Online Obsessive Relational Intrusion: Further Concerns About Facebook

Use of online social networking sites such as Facebook has burgeoned in the last 5 years. We examine these sites as facilitators of Online Obsessive Relational Intrusion (o-ORI)—a much-talked about, but relatively un-researched online phenomenon. We draw parallels between the types of behaviors conducted online and those identified in the literature on relational intrusion and its more extreme relative, stalking. We present a frequency analysis of students’ behavior on Facebook and find evidence of relational intrusion from both offenders and targets. The behaviors can be classified into five different categories, including: primary contact attempts, secondary contact attempts (i.e., contacting others connected to the target), monitoring or surveillance, expressions, and invitations. We conclude that Facebook facilitates behaviors that are indicative of obsessive relational intrusion and that such behaviors have implications for users’ privacy and security.     

Alternative dispute resolution and mediation of complaints against police in Australia and New Zealand

ABSTRACT

This study assessed the role of alternative dispute resolution options in the complaints management systems of the eight policing jurisdictions in Australia and the single jurisdiction of New Zealand. The available literature shows that a large proportion of complainants would like to participate in mediation, and that both complainants and police who experience mediation report much higher rates of satisfaction than those experiencing traditional adversarial investigative and adjudicative processes. Experiences with informal dispute resolution or ‘conciliation’ options are more mixed, and they are susceptible to tokenism and misuse as a convenient administrative means of disposing of complaints. Despite this situation, the data obtained from police and oversight agency sources in this study showed that options were limited to informal resolution conducted by senior officers, with an ostensible focus on behavioral improvement but with no meaningful publicly available data on outcomes. The paper concludes by advocating for a best practice complaints management system that includes mediation within a consultative framework focused on behavioral improvement.     

Equality,value pluralism and relevance: Is luck egalitarianism in one way good,but not all things considered?

Abstract

Some luck egalitarians argue that justice is just one value among others and is thus not necessarily what we should strive for in order to make the world better. Yet, by focusing on only one dimension of what matters – luck equality – it proves very difficult to draw political implications in cases where several values are in tension. We believe that normative political philosophy must have the ambitionto guide political action. Hence, in this paper we make a negative and a positive point. Negatively, we argue that the inability to offer recommendations on what to strive for potentially weakens Kasper Lippert-Rasmussen’s account of luck egalitarianism. In order not to be irrelevant for political practice, a more serviceable version of luck egalitarianism that would allow for all-things-considered judgments is needed. Positively, we examine two possible routes toward such a view. One would be to stick to pluralism, but to discuss possible clashes and find a rule of regulation in each case. Another would consist in giving up value pluralism by identifying an over-arching value or principle that would arbitrate between different values. We suggest that Lippert-Rasmussen’s foundation of equality carries the potential for such an overarching principle.