The State of the Judicature: A Statistical Profile of Australian Courts and Judges

In 1977 Chief Justice Barwick gave one of the first statistical snapshots of the Australian courts as a ‘judicial system’ in his inaugural ‘State of the Australian Judicature’ address. Since then, there has been no detailed statistical examination of the characteristics of the Australian judicature, due in part to the paucity of reliable data. After the passage of 36 years, this article provides a second examination of Australian courts and judges using data from the Productivity Commission and other sources. The article describes and analyses key attributes and observable trends in the judicature from the perspectives of both the supply side (judicial labour) and the demand side (court lodgements). This is done across six domains: size and growth; tiers of the court hierarchy; state versus federal systems; civil versus criminal subject matter; regional dynamics; and gender composition. What emerges is a complex picture of a dynamic judicial system that does not always comport with common assumptions about its structure and organisation. There is a critical need for the collection of additional data on the judicature, and for research that provides a better understanding of the forces that will shape the evolution of the Australian judicial system over the coming decades.29 page(s

Models of judicial tenure: Reconsidering life limits, age limits and term limits for judges

© The Author 2015. Published by Oxford University Press. Tenure is an important facet of judicial independence and a key principle underpinning the rule of law, yet its protection varies markedly from country to country. This article examines the historical development and empirical experience of three preeminent appellate courts-the Supreme Court of the United States, the High Court of Australia and the Constitutional Court of South Africa-as examples of prevalent models of tenure, namely, life tenure, age limits and term limits. Dissatisfaction with tenure arrangements in each jurisdiction has been impelled by increasing human longevity, growing awareness of incapacities that accompany ageing and changing attitudes to age discrimination. These developments have led to constitutional and legislative reforms to ameliorate the problems that inhere in different models of tenure. However, the choice between models, and between key parameters within each model, reflect complex policy preferences. The article concludes that hybrid arrangements that incorporate age limits and term limits provide an appropriate compromise between competing policy objectives

Malaria in Pacific populations: Seen but not heard?

Most Pacific Island countries are located in the tropics, where there is an abundance of mosquitoes with the potential to carry debilitating or life-threatening vector-borne diseases. This article examines three Melanesian countries in which malaria is endemic - Papua New Guinea, Solomon Islands and Vanuatu - but the threat posed by the spread of malaria gives the issues a broader significance to the Pacific region. After discussing the spatial distribution and prevalence of malaria in the Pacific, the article examines a number of health interventions through which people have sought to control malaria. Although the disease was nearly eradicated in the Pacific in the 1970s, it is no longer in retreat. The article concludes by examining why there are still grounds for cautious optimism, and the challenges that Pacific Island countries face in reducing the impact of malaria on their populations. There is a need for prompt and concerted action on malaria at the national, regional and international levels if the public health concerns arising from the disease are to be adequately addressed. © Springer Science & Business Media BV 2009

Regulating pacific seasonal labour in Australia

In 2008 the Australian government announced a new labour mobility scheme for Pacific workers, with the objectives of meeting seasonal demand for low-skilled labour in the horticulture industry and promoting economic development in Pacific Island countries. Modelled on New Zealand's Recognized Seasonal Employer scheme, it is a significant departure from Australia's long-standing preference for permanent migration that is non-discriminatory with respect to the country of origin. Any temporary migration program that draws a workforce from developing countries has the potential to exploit vulnerable foreign workers, but if Australia's pilot program is to be a success in the long term, it is imperative that seasonal workers from the Pacific are not exposed to that danger. This article examines the many layers of regulation that have been introduced to protect Pacific workers from exploitation, including bilateral intergovernmental agreements, supervision by government departments and use of external advisory bodies. In addition, Australia's regulatory framework governing workplace relations imposes a range of worker protections through equality laws, occupational health and safety principles, dispute settlement procedures and trade union involvement. To date, the Australian scheme has provided very limited opportunities for Pacific workers. This raises concerns about the long-term viability of this highly regulated scheme and the capacity to move beyond a pilot program to provide sustained opportunities for both Pacific workers and the horticulture industry.23 page(s

Population, Crime and Courts: Demographic Projections of the Future Workload of the New South Wales Magistracy

The New South Wales Local Court is the largest court in Australia. This study seeks to facilitate future planning for the Court by making demographic projections of the criminal workload of the Court over the next 25 years (criminal matters account for 95 per cent of its new lodgements). The study applies criminal conviction rates by age, sex and locality to population projections for the state to produce projections of the number of criminal convictions for the state and its geospatial subdivisions. These statistics are used to derive the demand for magistrates and a comparison is then made of the supply of magistrates under different scenarios. The principal finding is that, due to demographic change alone, the number of criminal convictions is projected to increase by 16 per cent by 2036, with nearly all the increase occurring in Sydney, especially in the city’s west and south west

The relationship between atmospheric lead emissions and aggressive crime: An ecological study

© 2016 Taylor et al. Background: Many populations have been exposed to environmental lead from paint, petrol, and mining and smelting operations. Lead is toxic to humans and there is emerging evidence linking childhood exposure with later life antisocial behaviors, including delinquency and crime. This study tested the hypothesis that childhood lead exposure in select Australian populations is related to subsequent aggressive criminal behaviors. Methods: We conducted regression analyses at suburb, state and national levels using multiple analytic methods and data sources. At the suburb-level, we examined assault rates as a function of air lead concentrations 15-24 years earlier, reflecting the ubiquitous age-related peak in criminal activity. Mixed model analyses were conducted with and without socio-demographic covariates. The incidence of fraud was compared for discriminant validity. State and national analyses were conducted for convergent validity, utilizing deaths by assault as a function of petrol lead emissions. Results: Suburb-level mixed model analyses showed air lead concentrations accounted for 29.8 % of the variance in assault rates 21 years later, after adjusting for socio-demographic covariates. State level analyses produced comparable results. Lead petrol emissions in the two most populous states accounted for 34.6 and 32.6 % of the variance in death by assault rates 18 years later. Conclusions: The strong positive relationship between childhood lead exposure and subsequent rates of aggressive crime has important implications for public health globally. Measures need to be taken to ameliorate exposure to lead and other environmental contaminants with known neurodevelopmental consequences

CONTEMPORARY CHALLENGES FACING THE AUSTRALIAN JUDICIARY: AN EMPIRICAL INTERRUPTION

© 2019 Melbourne University Law Review. All rights reserved. The structures that regulate and support the Australian judiciary reflect and serve the traditional judicial values of independence, impartiality and the rule of law. Yet modern society places emphasis on an additional range of values that are expected of government and public institutions. These contemporary values include diversity, transparency, accountability and efficiency. Reforms to introduce regulatory and support structures that prioritise and facilitate these values in the judicial arm has proved challenging and, sometimes, contentious. This article reports on a survey of Australian judicial officers (n = 142) from across different jurisdictions. Participants were asked what they considered to be the most pressing challenges that face the various levels of the Australian judiciary, and whether the current regulatory and support environment achieves international best practice. The responses provide a nuanced picture of the state of the modern Australian judiciary as it appears to those within it. The study facilitates an understanding of the degree to which judicial officers are satisfied with the current legal and regulatory framework and, where they are dissatisfied, the nature of their disquiet. While not seeking to offer complete resolutions to the many issues canvassed, the data and analysis presented in this article serve as an interruption to regulatory and academic studies of the Australian judiciary, with the potential to illuminate and re-orientate the reform conversation in light of the judicial perspective on these various issues

Securitization of Search and Rescue at Sea: The Response to Boat Migration in the Mediterranean and Offshore Australia

Copyright © British Institute of International and Comparative Law 2018. This article compares the law and practice of the European Union and Australia in respect to the search and rescue (SAR) of boat migrants, concluding that the response to individuals in peril at sea in both jurisdictions is becoming increasingly securitized. This has led to the humanitarian purpose of SAR being compromised in the name of border security. Part I contrasts the unique challenge posed by SAR operations involving migrants and asylum seekers, as opposed to other people in distress at sea. Part II analyses the relevant international legal regime governing SAR activities and its operation among European States and in offshore Australia. Part III introduces the securitization framework as the explanatory paradigm for shifting State practice and its impact in Europe and Australia. It then examines the consequences of increasing securitization of SAR in both jurisdictions and identifies common trends, including an increase in militarization and criminalization, a lack of transparency and accountability, developments relating to disembarkation and non-refoulement, and challenges relating to cooperation and commodification