bluuebunny/crossref_metadata_2025 huggingface dataset:
Commentaries
Authors: Hughes Colin
Published: January 2019

Let me start on a note of consensus, if not reconciliation. I am certain that we all agree that there would be no one else as well equipped to give the opening paper for this seminar as is Lindsay Curtis. He is well equipped by direct experience, by close knowledge, by personal commitment, and at the same time not least by an ability to stand back from the unfolding of a complicated bit of business and assess what has been going on. His paper is the ideal source of ideas, but in speaking to it I will be able to pursue only one or two.

As this is a seminar arranged by the Law School, it would only be appropriate to start with a text from WS Gilbert. In Act One of that understandably neglected work, “Utopia Limited”, there enters a character named Tarara who explains his constitutional function thus:

[B]y our Constitution we are governed by a Despot who, although in theory absolute — is, in practice, nothing of the kind — being watched day and night by two Wise Men whose duty it is, on his first lapse from political or social propriety, to denounce him to me, the Public Exploder, and it then becomes my duty to blow up His Majesty with dynamite ... and as some compensation to my wounded feelings, I reign in his stead.
Commentaries
Authors: McMillan John
Published: January 2019

Back in 1972-1973 when the idea of freedom of information legislation was first floated in Australia, a decision was made — and never seriously challenged — that our legislation should be modelled on the United States Freedom of Information Act. The result, as Professor Robinson points out, is that a remarkable parallel exists between the Australian and United States legislation.

In another respect too United States experience became relevant to Australia at an early date. Proponents of FOI in Australia learned from a close study of United States experience that legislation might not be received enthusiastically nor readily by some key Ministers and public servants. Legislation, particularly strong and workable legislation, would be enacted only if a vigorous and unyielding public campaign was undertaken. Indeed, the fact that an Act exists in Australia owes much to the campaign waged or supported by groups like the Freedom of Information Legislation Campaign Committee, Rupert Public Interest Movement. the Australian Council of Social Services, the Library Association of Australia, the Administrative and Clerical Officers’ Association, the Australian Consumers’ Association, and by a small number of parliamentarians and sympathetic senior public servants.
The Giving of Reasons
Authors: Burnett Robin
Published: January 2019

In the exercise of discretionary power there is no general duty to give reasons in the absence of a statutory requirement. This common law rule may be traced in part to a line of cases which.stand for the proposition that where the discretionary power of the administrator is conclusive as to the existence of the grounds for its exercise, the courts cannot scrutinise the reasons—any errors are within jurisdiction. For example in Allcroft v Lord Bishop of London the respondents argued that the reasons which the Bishop was required by the statute to state, disclosed irrelevant considerations. The House of Lords rejected an application for mandamus.
Comment on the External Affairs Power
Authors: Rose Dennis
Published: January 2019

I want to mention one implication of the views of the minorities in Koowarta and the Franklin Dam case.

Suppose that a State had agreed to the Commonwealth incurring an international obligation (or had even requested it to do so) on a matter such as racial discrimination or the natural heritage. Suppose that, after Australia had incurred the obligation, the State refused to enact legislation needed to fulfil Australia’s international obligation. Or suppose that the State repealed legislation already enacted for that purpose. If the Commonwealth lacked power to implement the international obligation, such State action would result in Australia being left “high and dry” in breach of that obligation.

This possibility of a “backsliding” State, leaving the nation in breach of treaties entered into with State agreement, would be a totally unacceptable position. No doubt the High Court majority in the Franklin Dam case saw this implication of the States’ arguments. The majority’s wide view ofthe external affairs power was the only course available, by means of judicial interpretation, to prevent this from happening.
The National Implied Power and Implied Restrictions on Commonwealth Power
Authors: Saunders Cheryl
Published: January 2019

The purpose of this paper is to examine the significance of the Franklin Dam case for the use of implications in the interpretation of the Commonwealth Constitution.

Implications of various kinds, derived from various sources, are regularly made in the interpretation of the Constitution. The necessity for them has been frequently acknowledged. In West's case, for example, Dixon J said:

Since the Engineers’ Case a notion seems to have gained currency that in interpreting the Constitution no implications can be made. Such a method of construction would defeat the intention of any instrument, but of all instruments a written constitution seems the last to which it could be applied. I do not think that the judgment of the majority of the court in the Engineers’ Case meant to propound such a doctrine.'
The State of Constitutional Interpretation
Authors: Zines Leslie
Published: January 2019

The emphasis given in the Engineers’ case to the express terms of the Constitution, the application ofthe “golden rule” of construction and the exclusion of broad implications (stigmatised as political) had the effect of enhancing national power. This effect was reinforced by the application of the principle referred to by O'Connor J in a now much quoted passage in Jumbunna Coal Mine NL v Victorian Coal Miners’ Association:

… it must always be remembered that we are interpreting a Constitution broad and general in its terms, intended to apply to the varying conditions which the development of our community must involve.

For that reason, where the question is whether the Constitution has used an expression in the wider or in the narrower sense, the Court should, in my opinion, always lean to the broader interpretation unless there is something in the context or in the rest of the Constitution to indicate that the narrower interpretation will best carry out its object and purpose.
Public Law and Accountability of Government
Authors: Goldring John
Published: January 2019

“But it was inherent in the very nature of the medium which they had selected for their own self-defence that it could not be reserved for the exclusive use only of their own class. The law, in its forms and traditions, entailed principles of equity and universality which, perforce, had to be extended to all. sorts and degrees of men”.
Coutts v Commonwealth of Australia
Authors: O'Neil Allan
Published: January 2019

Natural justice — Judicial review — Armed forces — Air force officer — Power to dismiss where appointment held at pleasure — Governor-General in Council — Air Force Regulations 1927 (Cth) regulations 72(1), 628(1)
“Inconsistent” Commonwealth and State Laws: Centralizing Government Power in the Australian Federation
Authors: Hanks Peter
Published: January 2019

The history of Australian federalism is one of the steady accretion of power to the central institutions of government, in particular the Commonwealth Parliament. The continuing shift from the States to the Commonwealth of effective power to regulate so many aspects of Australia’s economic and social life has, in general, been accepted and encouraged by the justices of the High Court – at least since the critical Engineers’ decision.

This acceptance and encouragement has been most conspicuous on those occasions when the High Court has endorsed the Commonwealth’s adventurous exploration of its legislative powers; when, for example, the Court decided that the defence and taxation powers would allow the Commonwealth to assume an effective monopoly over income taxation, that the overseas trade and commerce power would allow the Commonwealth to discourage sand mining in Queensland, or that the external affairs power would allow the Commonwealth to proscribe acts of racial discrimination inside Australia.
Section 90 of the Constitution and the Problem of Precedent
Authors: Opeskin Brian
Published: January 2019

Section 90 of the Australian Constitution provides that:

On the imposition of uniform duties of customs the power of the Parliament to impose duties of customs and of excise, and to grant bounties on the production or export of goods, shall become exclusive.

On the imposition of uniform duties of customs all laws of the several States imposing duties of customs or of excise, or offering bounties on the production or export of goods, shall cease to have effect, but any grant of or agreement for any such bounty lawfully made by or under the authority of the Government of any State shall be taken to be good if made before the thirtieth day of June, one thousand eight. hundred and ninety-eight, and not otherwise.
Coutts v Commonwealth of Australia
Authors: O'Neil Allan
Published: January 2019

Natural justice — Judicial review — Armed forces — Air force officer — Power to dismiss where appointment held at pleasure — Governor-General in Council — Air Force Regulations 1927 (Cth) regulations 72(1), 628(1)

Flight Lieutenant Coutts was an officer in the Royal Australian Air Force. In 1980 the Governor-General in Council terminated his appointment on medical grounds in accordance with Regulations 72(1) and 628(1) of the Air Force Regulations, 1927 (Cth). Regulation 72(1) reads:

An officer shall hold his appointment during the pleasure of the Governor-General, but the commission of an officer shall not be cancelled except for cause and after he has had notice in writing of any complaint or charge made, and of any action proposed to be taken against him and has been given the opportunity of making such statement as he thinks fit regarding the cause.
Parliamentary Disallowance and the Problem of Revival
Authors: O'Keeffe Peter
Published: January 2019

Under the provisions of the Acts Interpretation Act 1901 (Cth) (the Interpretation Act), the Seat of Government (Administration) Act 1910 (Cth) (the Administration Act) and other Acts which contain parallel provisions, either House of the Commonwealth Parliament can disallow virtually any delegated legislative instrument laid on the table. Originally however, there were no disallowance provisions in the 1901 version of the Interpretation Act although, even then, disallowance machinery had been introduced into specific Bills, particularly those of a fiscal nature.

The principle that all federal regulations be subject to disallowance by resolution of either Chamber originated in the Senate and it was eventually achieved by a Senate amendment to the Interpretation Act in 1904. The rationale was simple and compelling – without such a procedure, a Minister who can make regulations obtains a larger power of legislation in that respect than the Senate itself possesses.
Deportation, the Immigration Power, and Absorption into the Australian Community
Authors: Wood David
Published: January 2019

John Locke defined political power·in part as “a Right of making Laws with Penalties of Death, and consequently all less Penalties ... ”. Capital punishment, and a wide range of barbaric penalties, are no longer with us. Of the forms of punishment that remain, imprisonment is generally recognized as the most serious. Although generally overlooked deportation must rank not far behind. Like imprisonment, deportation can result in considerable hardship and suffering, not only to the person subjected to the measure, but to his or her family and friends. Losing the right to live in what one regards as one’s homeland can be seen as even more serious a deprivation than losing one’s liberty.

Given the significance of the measure, it is necessary to consider not just the specific conditions under which the state is entitled to deport someone, but more fundamentally, who it is entitled to deport. As a constitutional issue, debate in Australia has centred on the question of how the Commonwealth’s immigration power is to be interpreted.
Standing to Sue under Federal Administrative Law
Authors: Mack Kathleen M
Published: January 2019

“Generalizations about standing to sue are largely worthless as such.”

This paper will examine the principles governing standing to seek judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) and administrative review under the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act), with particular emphasis on standing problems in actions brought by individuals and organizations seeking to raise broad or non-traditional claims of public interest.

Even though the tests for standing under the ADJR Act and the AAT Act are formulated in different terms than the common law rules and were specifically drafted to broaden restrictive common law requirements, a review of decisions by the Federal Court and the Administrative Appeals Tribunal (AAT) shows that each has often limited itself to familiar common law concepts of standing, without clearly exploring whether such limits and the doctrines or policies which support them are appropriate to the form of review being exercised.
Minister for Aboriginal Affairs v Peko-Wallsend Ltd
Authors: Wentworth Paul
Published: January 2019

Aboriginals – Land Rights – Administrative Law – Inquiry by Aboriginal Land Commissioner – Party not disclosing information to inquiry – Ex parte representations to Minister by party detrimentally affected – Failure to take into account relevant considerations – Obligation of Minister to have regard to exparte representation – Constructive knowledge of Minister of matters within his departmenrs knowledge – Aboriginal Land Rights (Northern Territory) Act 1976 (C’th) ss 11, 50

Administrative Decisions (Judicial Review) Act 1977 (C’th) s 5(2)(b).
Justice Windeyer and the Constitution
Authors: Burmester H
Published: January 2019

The proper approach to constitutional interpretation, and the role of the High Court in that interpretation, have recently begun to be widely debated, not just in legal circles but also in the wider community. This debate has been stimulated in part by significant decisions like the Franklin Dam case, and proposals to give judges jurisdiction to interpret a Bill of Rights. In the United States a never ending debate continues on the question of judicial review of the Constitution without any consensus being apparent on what is the proper role of the Supreme Court. Nor should one expect any similar debate in Australia necessarily to lead to agreement on what is a proper approach to constitutional interpretation.

As part of the debate, a study of the approach taken by individual judges can, it is suggested, help to illuminate recurring issues, illustrate an approach that has in fact been followed and provide a contrast with the approach of other present or past judges.
The Appointment and Removal of Judges
Authors: Gibbs Harry
Published: January 2019

This is the third series in the annual Menzies Lecture series. The lectures were delivered at the University of Virginia and at William and Mary College Williamsburg on 8 and 12 October 1987.
The Separation of Powers — A Comparison
Authors: Gibbs Harry
Published: January 2019

It is a great privilege for me to be here today at this College, which had become distinguished as a seat of learning long before my own country had first been settled by English-speaking people. The occasion for my presence is to deliver one of a series of lectures given in honour of Sir Robert Gordon Menzies, who was Prime Minister of Australia from 1949 to 1966 and who, more relevantly for today’s occasion, was both a distinguished constitutional lawyer and a lover of Virginia.

The theory of Montesquieu, that to secure liberty it is necessary to separate the three main functions of the state — the legislative, the executive and the judicial — has had a profound and lasting influence on political thought. James Madison, who expounded the theory with such effect in No. 47 of The Federalist papers, regarded the separation of powers as the most sacred principle of the United States Constitution.
New States in Australia: The Nature and Extent of Commonwealth Power under Section 121 of the Constitution
Authors: Tappere Chris
Published: January 2019

The campaign being waged by the Government of the Northern Territory to have the Territory granted statehood, if successful, should result in the first use of s 121 of the Australian Constitution. The section reads:

The Parliament may admit to the Commonwealth or establish new States, and may upon such admission or establishment make or impose such terms and conditions, including the extent of representation in either House of the Parliament as it thinks fit.
Separation of Powers in the U.S. Government: Cooperation and Competition among the Branches
Authors: Merrill Richard A.
Published: January 2019

This is the fourth in the annual Menzies Lecture series. These lectures were delivered at the Australian National University in October 1988.
Realism about the High Court
Authors: Goldsworthy Jeffrey
Published: January 2019

Ever since Bentham attempted to “pluck the mask of Mystery from the face ofjurisprudence”, courts have been accused of legitimating their decisions by hiding their real grounds, which are necessarily subjective and partisan, behind a smokescreen of artificial and esoteric ratiocination. Such iconoclasm has, in our century, been a staple of American realism, Marxism and more recently the critical legal studies ‘movement’, all of which have inevitably influenced Australian legal theory.

It has sometimes been argued that in constitutional cases the High Court has used ‘legalism’ to confer on essentially political decisions a speciously apolitical appearance. This argument is made most carefully and thoroughly by Brian Galligan, a political scientist, in his recent study of the High Court. His argument deserves to be carefully assessed, especially if he is right to predict that a more ‘realistic’ account of judging is destined to supplant ‘legalism’ in academic and legal circles, and in the public mind.
Enforcing the Rules of Criminal Procedure: An American Perspective
Authors: Bradley Craig M
Published: January 2019

A recent submission to the Senate Standing Committee on Constitutional and Legal Affairs said this about the Australian law of criminal procedure:

The recent law of criminal investigation is governed by a confusing “amalgam of common law, statutory law, court-directed practices and internal police regulations” .... A policeman’s non-observance of [a citizen’s rights] may lead to internal disciplinary procedures, but it does not constitute an offence nor give the suspect a cause of action [or, necessarily lead to exclusion of the evidence].

Several months of studying the law of criminal investigation in Australia have led me to agree with this conclusion. It is the purpose of this article to discuss what that law is, but to do so in the only context that has any meaning in the real world of law enforcement. That is, in the context of remedies, specifically exclusionary remedies, for police misconduct.
Democracy, the Rule of Law and Judicial Review
Authors: Feldman David
Published: January 2019

Justifying judicial review of legislatures and executives in western democracies has become a controversial business. Those aspects of rule of law theory which appear to justify judicial review are attacked as undemocratic, in that they tend to replace the will of the people with the will of the judiciary. Where review is based on a set of constitutionally entrenched rights, those rights themselves are regarded as undemocratic; even supporters of rights-based judicial review have tended to concede that the rights, however desirable in some ways, are restrictions on democratic processes, rather than essential parts of democratic constitutional institutions. This seems unnecessarily defeatist. This article seeks to defend judicial review of executive action and of parliamentary legislation, on the basis of a conception of democracy which embodies certain rights rather than being in a state of tension with them.

The argument will take the following shape. A sketch of some relevant democratic considerations in Section 1 will conclude with a description of the model of democracy which will form the basis for the remainder of the argument Section 2 will argue that the function of law in providing powers for governments to use entails legal enforcement of the limits of those powers.
Secrecy Provisions in Commonwealth Legislation
Authors: McGinness John
Published: January 2019

“The Official Secrets Act stiffens the spine of the secretive bureaucrat and softens the vertebrae of the press”1
The American Constitutional War Powers from Afar — Another Look
Authors: Spong William B
Published: January 2019

This is the sixth in the annual Menzies Lecture Series. This lecture was delivered at the Australian National University in October 1990.

The allocation of war powers between the President and Congress under the Constitution of the United States and the problems that have flowed therefrom for two centuries, are subjects perhaps too remote to inflict upon an Australian audience. Nevertheless, I do so, mindful that the vast nuclear capability of my country, as well as its present deployment of significant forces on land and sea in much of a shrunken world, make decisions of war and peace by the United States a matter of some concern for those living beyond its geographic boundaries, and throughout this planet.
Taking Corporations Seriously: Some Considerations for Corporate Regulation
Authors: Bottomley Stephen
Published: January 2019

Corporate regulation is front-page news in Australia. In recent years we have witnessed the unedifying debate between the Federal and State governments about how the responsibility for, and benefits of regulating companies and securities law should be allocated. Federal Parliamentary committees have conducted inquiries into the law relating to directors' duties, insider trading, and (currently) minority shareholders' rights. The chairman of the National Companies and Securities Commission and the Australian Securities Commission, Mr Tony Hartnell, has gained frequent publicity and support for his concern to “deal with the excesses of the past”.

As this brief survey indicates, the renewed concern about corporate regulation has tended to focus on the task of defining and controlling the conduct of some company personnel (directors, managers, and their advisers) in order to protect the interests of other corporate players (particularly shareholders and creditors). This focus is not surprising, but where does it leave the corporation?
The Court, The Parliament and The Government - Reflections on the Scope of Judicial Review
Authors: Bayne Peter
Published: January 2019

Judges often describe their courts as an arm of government. The very arrangement of the Constitution provides some justification for this claim, and it furthermore guarantees a role to the High Court in the review of administrative action. The discharge of this role manifests another dimension of the governmental role of the courts: what they do by way of review has a direct and sometimes profound effect on the business of politics and the administration of government. This is perceived by the judges, who are often at pains to distinguish their role from that of the executive. It is also understood by the politicians, who often criticise the judges for overstepping the mark. All this is not of course solely or even primarily a consequence of the Administrative Decisions (Judicial Review) Act 1977 (Cth) (the ADJR Act), but in some respects the Act has thrown into sharper relief the tension between judges and politicians which flows from the exercise of judicial review.
Mediation and Adjudication: Friends or Foes at the Administrative Appeals Tribunal
Authors: De Maria William
Published: January 2019

The crucial problem arises when we ask, not what role mediation should play: in creating law, but how far and in what respects should it enter into the administration of laws.

Leon Fuller, Carter Professional General Jurisprudence, Harvard University.

Over the next generation, I predict that society's greatest opportunities will live in tapping human inclinations towards collaboration and compromise rather tha stirring our proclivities for competition and rivalry.

Dr Derek Bok, President, Harvart University, 1982 Cardozo Lecture.
Tales of the Overt and the Covert: Judges and Politics in Early Cold War Australia
Authors: Maher Laurence W
Published: January 2019

This article examines historical aspects of the convention that Australian judges are precluded from engaging in political activities. That convention is an element of the strict separation of judicial functions and the independence of the judiciary. Apart from the deliberative component which may be carried out in private and the very limited role for closed hearings, the judicial process is essentially acted out in public. However, upon appointment to the bench, a judge is expected to limit involvement in other forms of public life and to conduct his or her private life so as to avoid, as far as is reasonably practicable, involvement in activities which might (or might be seen to) compromise the judge's or a court's independent status or the impartial disposition of specific cases or issues. The less involved a judge is in non-judicial activities the less likely it is that the judge will be confronted with determination of a case or an issue in which he or she has some interest.
Recent Suggestions of an Implied “Bill of Rights” in the Constitution, Considered as Part of a General Trend in Constitutional interpretation
Authors: Smallbone D A
Published: January 2019

Following the High Court's decision in the Election Advertising case, Toohey J's extra-eurial speech at a 1992 conference on constitutional law has inspired speculation as to the existence of an implied “Bill of Rights” in the Constitution. As reported in the Australian Financial Review, Toohey J's thesis avoided any direct challenge to the doctrine of Parliamentary supremacy by, “resorting to the Constitution — albeit implications arising from the Constitution as opposed to the written text — to legitimise judicial scrutiny of legislation”.
Common Law Native Title in Australia — An Analysis of Mabo v Queensland [No 2]
Authors: Wheeler Fiona
Published: January 2019

Mabo v Queensland [No 2] is a landmark decision. The High Court held, by a six to one majority, that the common law of Australia recognises a form of native land title which survived the Crown's acquisition of sovereignty over Australia. The effect of the Crown's acquisition of sovereignty, according to the High Court, was simply to expose common law native title to the possibility of extinguishment by a valid exercise of inconsistent sovereign power.

The judgments in Mabo [No 2] range widely across issues of constitutional law and the law of real property. These issues are explored below in a description and analysis of the case. In addition, mention is made of the techniques of legal reasoning adopted by the majority judges.
The Constitutional Validity of the Trade Practices Act and Regulation of the Conduct of Holding Companies
Authors: Lloyd B L
Published: January 2019

The constitutional validity of Federal legislation such as the Trade Practices Act 1974 (Cth) depends upon the legislation falling within the ambit of the law-making powers of the Commonwealth enumerated in the Constitution. Those law-making powers are contained primarily within s 51, supplemented by additional heads such as s 122 and others. The Trade Practices Act 1974 (Cth) (the “Act”), drafted after successful constitutional challenges to earlier trade practices legislation, relies for its constitutional validity primarily on the corporations power (s 51(20)), bolstered by the trade and commerce power (s 51(1)), postal services (s 51(5)), banking (s 51(13)), insurance (s 51(14)), external affairs (s 51(29)), dealings with the Commonwealth (s 52) and the territories power (s 122). The constitutional foundations of the Act are expressly referred to in s 6 of the Act. That section provides something of a checklist of heads of power upon which the Act is based and is designed to enumerate, when necessary, the extension of the Act to constitutional heads of power other than the corporations power.
Petitioning Parliament
Authors: Handley Robin
Published: January 2019

The right of petitioning Parliament is a fimdamental right of the citizen, allowing any individual or body of individuals to take grievances directly before Parliament. It is one of the most direct means of communication between the people and the Parliament. It is by this means that people can voice their concerns to the House on matters ofpublic interest.
Freedom of Expression and Public Affairs in Australia and the United States: Does a Written Bill of Rights Really Matter?
Authors: O'Neil Robert M
Published: January 2019

Among various possible options, a theme for the 1993 Menzies Lecture quite naturally emerged for an American whose special field is freedoms of expression' protected by the Constitution. A clear and easy choice was that of an American perspective on issues of free speech and press in light of the High Court judgments in Australian Capital Television Pty Ltd v Commonwealth of Australia (hereinafter ACTV) and Nationwide News Pty Ltd v Wills (hereinafter Nationwide News). The challenge of this assignment was daunting, since I realised that most who would hear and would later read these remarks would be far more conversant than I with these cases and their portent. Yet I took on the task with much enthusiasm, recognising an exceptional opportunity for international comparison and understanding.
Judicial Power, the Duality of Functions and the Administrative Appeals Tribunal
Authors: Hall Allan N
Published: January 2019

The Administrative Appeals Tribunal (the AAT), which was established by the Administrative Appeals Tribunal Act 1975 (Cth) (the AAT Act), has now been functioning for more than 16 years. From very modest beginnings (see the 25 jurisdictions conferred pursuant to the Schedule to the original AAT Act), the Tribunal has had conferred upon it an increasingly wide range of review jurisdictions (presently in excess of 240), encompassing major areas of governmental decision-making.
Fisheries Management Act 1991: Are ITQs Property?
Authors: McCamish Carl
Published: January 2019

In 1989 the Commonwealth Government released a policy statement entitled “New Directions in Commonwealth Fisheries Management”. Its aim was to establish a regulatory framework which would encourage the biologically sustainable exploitation of Australia's fisheries while increasing economic efficiency in the industry and facilitating the introduction of a resource rent. Heeding economists' arguments that the introduction of greater property rights for individual fishermen would meet these ends, the policy statement identified as central to its proposed reforms the introduction of Individual Transferable Quotas (ITQs). Most Australian fisheries achieve restrictions on catch by limiting the size and fishing capacity — that is, the efficiency — that is, the efficiency — of boats in a fishery. Alternatively, they limit fishing hours, thus encouraging over-development of fishing capacity by fishermen seeking maximum catches in the available time. ITQs, by comparison, grant to their owners the right to take a specified quantity of fish, at any time and with the most suitable equipment, thus avoiding wasteful use of costly fishing gear. Being a direct measure of productivity, they also lend themselves to the collection of a resource rent.
An Investigation of Exposure Control Methods With Variable-Length CAT Using the Partial Credit Model
Authors: Leroux Audrey J. , Waid-Ebbs J. Kay , Wen Pey-Shan , Helmer Drew A. , Graham David P. , O’Connor Maureen K. , Ray Kathleen
Published: January 2019

The purpose of this simulation study was to investigate the effect of several different item exposure control procedures in computerized adaptive testing (CAT) with variable-length stopping rules using the partial credit model. Previous simulation studies on CAT exposure control methods with polytomous items rarely considered variable-length tests. The four exposure control techniques examined were the randomesque with a group of three items, randomesque with a group of six items, progressive-restricted standard error (PR-SE), and no exposure control. The two variable-length stopping rules included were the SE and predicted standard error reduction (PSER), along with three item pools of varied sizes (43, 86, and 172 items). Descriptive statistics on number of nonconvergent cases, measurement precision, testing burden, item overlap, item exposure, and pool utilization were calculated. Results revealed that the PSER stopping rule administered fewer items on average while maintaining measurement precision similar to the SE stopping rule across the different item pool sizes and exposure controls. The PR-SE exposure control procedure surpassed the randomesque methods by further reducing test overlap, maintaining maximum exposure rates at the target rate or lower, and utilizing all items from the pool with a minimal increase in number of items administered and nonconvergent cases.
Unusual endobronchial prostatic metastatic tumor occluding right main bronchus
Authors: Asghar Nawaz Muhammad , Shackcloth Michael
Published: January 2019

Endobronchial metastasis from extrapulmonary solid tumors is rare, and endobronchial metastasis from the prostate is even more unusual. An 80-year-old patient presented with significant dyspnea secondary to metastatic stromal cell sarcoma of the prostate, which occluded the right main bronchus. The tumor, causing complete collapse of the right lung, was found on computed tomography and confirmed by bronchoscopy. We successfully excised the lesion using cryotherapy, with immediate resolution of symptoms and radiological lung reexpansion.
Controlling compression bandaging pressure in leg ulcer research trials: A summary of the literature
Authors: Boxall Sharon L , Carville Keryln , Leslie Gavin D , Jansen Shirley J
Published: January 2019

Compression bandaging remains the ‘gold standard’ intervention for the treatment of venous leg ulcers. Numerous studies have investigated the effect of a large variety of compression bandaging techniques and materials on venous leg ulcer healing. However, the majority of these studies failed to monitor both actual bandage application pressures and the bandaging competency of participating clinicians. A series of literature searches to explore the methods, practices, recommendations and results of monitoring compression bandaging pressures in leg ulcer research trials were undertaken. This included investigating the reliability and validity of sub-bandage pressure monitors and the degree to which compression bandaging achieves the recommended sub-bandage pressure. The literature revealed inconsistencies regarding the monitoring of sub-bandage pressure and in sub-bandage pressures produced by clinicians. This creates difficulties when comparing study outcomes and attempting to develop evidence-based practice recommendations.
Patterns of Civic and Political Commitment in Early Adolescence
Authors: Martínez M. Loreto , Cumsille Patricio , Loyola Ignacio , Castillo Juan Carlos
Published: January 2019

Interest in understanding how civic engagement emerges has been fueled by worries about the decline of youth participation in conventional political activities. Acknowledging the developmental nature of civic engagement, this study analyzes involvement in civic activities during early adolescence. We used latent class analysis to identify patterns of participation in a representative sample of Chilean adolescents. A four-class model was highlighted by two contrasting classes: an involved class, with high probabilities of participation, and an uninvolved class, with low probabilities of participation. A third class— volunteers—mostly participates in organizations involved in community service, religious or social causes. This type of participation conforms to the preservation of the status quo, in contrast to a more political or activist form of participation that challenges it. Classes were partially invariant by gender and socioeconomic status. Females were more prevalent in the involved class, and males in the uninvolved class. Adolescents’ interest in politics, discussion of political issues, citizenship self-efficacy, and school involvement were associated with higher odds of belonging to the involved class.
Hostile Interactions in the Family: Patterns and Links to Youth Externalizing Problems
Authors: Glatz Terese , Lippold Melissa , Jensen Todd M. , Fosco Gregory M. , Feinberg Mark E.
Published: January 2019

In line with family systems theory, we examined patterns of hostile interactions within families and their associations with externalizing problems among early-adolescent children. Using hostility scores based on observational data of six dyadic interactions during a triadic interaction ( n = 462; i.e., child-to-mother, mother-to-child, child-to-father, father-to-child, mother-to-father, father-to-mother)—latent profile analysis supported three distinct profiles of hostility. The low/ moderate hostile profile included families with the lowest levels of hostility across dyads; families in the mutual parent-child hostile profile scored higher on parent-child hostility, but lower on interparental hostility; the hostile parent profile showed higher levels of parent-to-child and interparental hostility, but lower child-to-parent hostility. Concerning links to youth outcomes, youth in the mutual parent-child hostile profile reported the highest level of externalizing problems, both concurrently and longitudinally. These results point to the importance of examining larger family patterns of hostility to fully understand the association between family hostility and youth adjustment.
Assessing the Pedagogical Value of Branded Digital Marketing Certification Programs
Authors: Spiller Lisa , Tuten Tracy
Published: January 2019

Preparing students for careers in digital marketing requires marketing educators to design and deliver courses with relevant and timely content and learning activities that facilitate knowledge comprehension and skill acquisition. Marketing educators may incorporate online training and certification programs on digital marketing in their courses to address this challenge. Branded digital marketing certifications are one type of such training. While these programs provide affordable (and often free) educational materials on digital marketing topics, their pedagogical soundness and value is largely unexplored. This article describes the findings of a research study which assessed the pedagogical value of and implementation considerations relevant to marketing educators who wish to incorporate branded digital marketing certification programs into their course designs.
Tuberculosis—the Threat Re-emerges
Authors: Breslin A. B. X.
Published: January 2019

Tuberculosis remains a significant problem in Australia with five to six new cases per 100,000 of the population per year. The majority of cases occur in individuals born outside Australia. Approximately 70% is pulmonary disease and 30% nonpulmonary. Diagnosis can be made by history, clinical examination, Mantoux testing, chest X-ray plus a thoracic CT scan and sputum analysis. Occasionally bronchoscopy and/or fine needle aspiration biopsy may be indicated. Six months of appropriate supervised chemotherapy achieves a 98% cure. Healthcare workers are at special risk of infection and should have Mantoux testing; if this is negative then either BCG or regular Mantoux surveillance is recommended. Whilst multi-drug resistant tuberculosis is relatively uncommon in Australia, it is a significant problem in the United States and parts of South East Asia and such patients often come to surgical resection of their tuberculous lesions; during such resection healthcare workers are exposed to a potentially lethal infection.
Predictors of Mortality in Severe Malaria: A Two-Year Experience in a Non-Endemic Area
Authors: Blumberg L. , Lee R. P. , Lipman J. , Beards S.
Published: January 2019

Management of severe malaria is an increasing problem worldwide. This paper reviews the pathophysiology and management documenting two years’ experience of admissions of severe malaria to an ICU in a non-endemic area.

Clinical and laboratory features of severe malaria were analysed for predictors of mortality. Twenty-eight patients had clinical or laboratory features compatible with the WHO criteria for severe malaria and, despite treatment with intravenous quinine and supportive ICU care, mortality was 28.5% (8/28).

The three pregnant patients died with 100% foetal mortality and the four paediatric patients survived. Of the non-survivors, 8/8 developed ARDS (defined by worst ALI score >2.5), 7/8 developed shock requiring inotropic support and 7/8 developed acute renal failure requiring CVVHD.

Admission haemoglobin, platelet count, parasite count, and lowest Glasgow Coma Score in the first 24 hours were shown not to be predictors of mortality.
Laparoscopic Cholecystectomy as a Day Surgery Procedure
Authors: Singleton R. J. , Rudkin G. E. , Osborne G. A. , Watkin D. S. , Williams J. A. R.
Published: January 2019

Outcome is presented for 40 consecutive laparoscopic cholecystectomies performed in a public teaching hospital day surgery unit. The unanticipated hospital admission rate on the day of surgery was 17.5% (seven patients) and the majority of these (12.5%; five patients) were due to surgery-related considerations. Two other admissions were due to nausea and vomiting. One patient was admitted to hospital on the second postoperative day with nausea and vomiting. Procedure duration for the day cases averaged 98 minutes (SD25; range 60–167). Recovery room times before discharge averaged 272 minutes (SD 58; range 125–365). Each day surgery patient averaged 3.3 postoperative home visits from community nurses. Most patients (94%) mobilized at home by the second postoperative day and 85% resumed normal activities of daily living by two weeks. At follow-up, 25 patients (76%) stated they were happy to spend the first night at home, but seven (21%) would have preferred to remain in hospital for the first postoperative night. Laparoscopic cholecystectomy can be performed successfully as a day–case procedure, but long operating and recovery room times and potentially high admission rates suggest that these factors should be considered in cost equations for day-case management of this procedure.
A Comparison of the Efficacy of Ketorolac and Indomethacin for Postoperative Analgesia following Laparoscopic Surgery in Day Patients
Authors: Murrell G. C. , Leake T. , Hughes P. J.
Published: January 2019

The analgesia provided in the postoperative period by three regimens commonly used in our private anaesthetic practice were compared in a double-blind study of one hundred and thirty-seven women presenting for day-case laparoscopic procedures. After random allocation into three groups, all patients were similarly anaesthetized and then received both a rectal suppository and an IM injection. Group P received two placebos, Group I had an indomethacin suppository 100 mg, and Group K an IM injection of ketorolac 30 mg. The trial showed a statistically significant reduction in pain at 180 minutes postoperatively in the group receiving ketorolac (visual analog pain score of 13.8 v 21.7). The parenterally administered ketorolac may be a useful analgesic supplement in these patients. However the trial was aborted following the appearance in the literature of case reports of postoperative renal failure. Further investigation of the efficacy and side-effect profile of reduced doses may be warranted.
Single Quadrant Sub-Tenon's Block. Evaluation of a New Local Anaesthetic Technique for Eye Surgery
Authors: Guise P. A.
Published: January 2019

The sub-Tenon's technique uses blunt dissection and a blunt probe to inject local anaesthetic into the posterior sub-Tenon's space. This avoids the potentially catastrophic complications which result from passing a sharp needle blindly into the orbit and retrobulbar space. The anatomy of Tenon's capsule and the block technique is described. Results of the block quality and degree of patient comfort from 300 consecutive sub-Tenon's blocks are also described.

No significant complications occurred in this series. Single-quadrant sub-Tenon's block offers an excellent quality of anaesthesia, is virtually painless to perform and avoids complications due to passage of a sharp needle into the orbit.
The Development Process of Bipolar Bone Defects From Primary to Recurrent Instability in Shoulders With Traumatic Anterior Instability
Authors: Nakagawa Shigeto , Iuchi Ryo , Hanai Hiroto , Hirose Takehito , Mae Tatsuo
Published: January 2019

Background:

Recurrence of glenohumeral joint instability after primary traumatic anterior instability is not rare, and bipolar bone loss is one of the most critical factors for recurrent instability, but the development process of bipolar bone defects is still unclear.

Purpose:

To investigate the development process of bipolar bone defects from primary to recurrent instability among shoulders with traumatic anterior instability evaluated at least twice by computed tomography (CT).

Study Design:

Case series; Level of evidence, 4.

Methods:

There were 44 patients (47 shoulders) with recurrence after primary instability in which bone morphology was evaluated by 3-dimensional reconstructed CT at primary instability (initial CT) and after recurrence. As CT was performed 3 times for 3 shoulders including primary injury and the second episode of instability (first recurrence), there were 50 CT evaluations. Morphological changes between the initial CT evaluation at primary instability and the second CT evaluation at first recurrence were investigated for 25 shoulders, with the mean interval since initial CT being 9.8 months (range, 2-23 months). Changes between initial CT evaluation and final CT evaluation after ≥2 recurrences were also investigated for 25 shoulders, while the mean number of instability episodes including primary instability was 8.0 (range, 3-40) and the mean interval since initial CT was 18.5 months (range, 5-56 months).

Results:

At primary instability, the prevalence of Hill-Sachs lesions (66.0%) was almost double that of glenoid defects (34.0%), but their prevalence was different between shoulders with primary subluxation (42.3% and 23.8%, respectively) and those with primary dislocation (84.7% and 42.3%, respectively). After recurrence, glenoid defects became significantly more frequent (at first recurrence, 72%; after ≥2 recurrences, 76%), while Hill-Sachs lesions showed a smaller increase (88% and 80%, respectively), so there was no difference between the prevalence of the 2 lesions. The sizes of glenoid defects and Hill-Sachs lesions also enlarged after recurrence, and large bone defects were frequently recognized after recurrence. While bipolar bone loss was not so frequent at primary instability (29.8%), bipolar bone loss increased significantly after recurrence (at first recurrence, 72%; after ≥2 recurrences, 72%). All Hill-Sachs lesions were on track at primary instability, but off-track lesions were recognized in 3 of 47 shoulders (6.4%) after recurrence.

Conclusion:

In most shoulders with recurrent instability, a Hill-Sachs lesion developed first, followed by a glenoid defect, leading to bipolar bone loss. Off-track Hill-Sachs lesions were detected only after recurrence.