http://nova.newcastle.edu.au/vital/access/services/Feed ${session.getAttribute("locale")} 5 Civil penalty proceedings http://nova.newcastle.edu.au/vital/access/manager/Repository/uon:3094 The Australian Law Reform Commission (ALRC) completed a three–year Inquiry into federal civil and administrative penalties in Australia in December 2002. The ALRC defined civil penalty, for the purposes of its Report ALRC 95 Principled Regulation (ALRC 95), as a penalty imposed by the courts using civil rather than criminal processes. In the course of the Inquiry, the ALRC examined some 72 federal statutes that impose some form of civil (or administrative) penalty. Many are relatively silent on procedure. The Corporations Act 2001 (Cth), for example, simply states that civil penalty applications be dealt with according to the civil rules of procedure. For the purposes of this paper particular attention will be paid to the civil penalty proceedings arising under the Corporations Act. 2013-03-28T01:07:15.726Z ]]> Religious education: robust and bold for a multifaith era http://nova.newcastle.edu.au/vital/access/manager/Repository/uon:9562 The events of September 11, 2001 are just a few of the many that, as well as summoning a new era globally, offer a stark challenge for religious education as an area of school and post-school study. While these events, when fully understood, should probably not be interpreted in overly religious terms, they were nonetheless taken up popularly in those terms. Why else would characters with the politics of John Howard and George Bush have, in each case, paid their first visit to a mosque within weeks of the events, and been so fulsome in their praise of Islam and the vital contribution it continues to play in the social histories of their two nations? 2011-12-02T03:10:06.862Z ]]> Assessing the costs and benefits of United States homeland security spending http://nova.newcastle.edu.au/vital/access/manager/Repository/uon:2074 An assessment of increased United States federal homeland security expenditure since 2001 and expected lives saved as a result of such expenditure suggests that the annual cost ranges from $64 million to $600 million (or even more) per life saved, greatly in excess of the regulatory safety goal of $1-$10 million per life saved. As such, it clearly and dramatically fails a cost-benefit analysis. In addition, the opportunity cost of these expenditures, amounting to $32 billion per year, is considerable, and it is highly likely that far more lives would have been saved if the money (or even a portion of it) had been invested instead in a wide range of more cost-effective risk mitigation programs. 2010-04-27T06:08:41.041Z ]]> New frontiers, old problems: the war on terror and the notion of anticipating the enemy http://nova.newcastle.edu.au/vital/access/manager/Repository/uon:2518 The old truism, that international law is not a suicide pact, is forceful in an age of destructive weaponry. Nevertheless strategically, there is little precedent for a major military offensive against a state that has not proximately used force against the interests of the belligerent state. Legally, while a number of legitimate justifications might permit the use of force, an appropriate international law doctrine, under which the United States could execute the military campaign it recently successfully launched against Iraq, does not currently exist. But that lacuna was seemingly plugged with the ‘Bush Doctrine’ that advocates pre-emptive strikes against rogue states and/or entities involved in terrorism. The so-called ‘Bush Doctrine’ articulates a new rule of international law that seeks to bring to life the doctrine of anticipatory self-defence as an appropriate means through which to combat terrorism (including states that actively support terrorism or that are themselves terror states in the sense of acquiring and stockpiling weapons of mass destruction). 2010-04-27T06:03:31.287Z ]]>