Placeholder Content Image

Is it possible to have a fair jury trial anymore?

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/arlie-loughnan-12732">Arlie Loughnan</a>, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a></em></p> <p>The decades-long mystery about what happened to 19-year-old Amber Haigh made it to court in New South Wales earlier this year. Those accused of murdering Haigh were found <a href="https://www.theguardian.com/australia-news/2024/sep/16/amber-haigh-murder-trial-verdict-not-guilty-robert-anne-geeves-ntwnfb">not guilty</a>.</p> <p>Usually we don’t know precisely why someone was found guilty or not. But in this case, the reasons were given.</p> <p>This is because the trial was “<a href="https://www.judcom.nsw.gov.au/publications/benchbks/criminal/judge_alone_trials.html">judge alone</a>”: a trial without a jury. This means the judge decides on the factual questions as well as the legal ones. And as judges are required to give reasons for their decisions, we learned what was behind the verdict, something usually hidden by the “<a href="http://www.austlii.edu.au/au/journals/SydLRev/2013/32.pdf">black box</a>” of the jury room.</p> <p>Judge alone trials are <a href="https://bocsar.nsw.gov.au/research-evaluations/2024/CJB264-Summary-Effect-of-judge-alone-trials1.html">increasing</a> in New South Wales. Moves are being made in some <a href="https://www5.austlii.edu.au/au/journals/PrecedentAULA/2020/69.html">other Australian jurisdictions</a> to increase access to judge alone trials.</p> <p>While it’s only possible to hold a judge alone trial in certain circumstances, and there are small numbers of such trials relative to other trials, some lawyers and judges think these trials have <a href="https://bocsar.nsw.gov.au/documents/publications/cjb/cjb251-300/CJB264-Report-Effect-of-judge-alone-trials.pdf">advantages</a> over those with a jury.</p> <p>This is because jury trials face a lot of challenges. Some have pondered whether, in this media-saturated environment, there is such a thing as a fair jury trial. So what are these challenges, and where do they leave the time-honoured process?</p> <h2>What happens in a jury trial?</h2> <p>The criminal trial brings together knowledge of the facts that underpin the criminal charge. The task of the jury is to independently assess that knowledge as presented in the trial, and reach a conclusion about guilt to the criminal standard of proof: <a href="https://www.judcom.nsw.gov.au/publications/benchbks/criminal/onus_and_standard_of_proof.html">beyond reasonable doubt</a>.</p> <p>Crucially, lay people provide legitimacy to this process, as individuals drawn from all walks of life are engaged in the <a href="https://theconversation.com/jury-is-out-why-shifting-to-judge-alone-trials-is-a-flawed-approach-to-criminal-justice-137397">decision-making</a> around the guilt of the accused.</p> <p>The jury is therefore a fundamental part of our <a href="https://theconversation.com/all-about-juries-why-do-we-actually-need-them-and-can-they-get-it-wrong-112703">democracy</a>.</p> <h2>The changing trial</h2> <p>For its legitimacy, the criminal trial traditionally relies on open justice, independent prosecutors and the lay jury (the “black box”), all overseen by the impartial umpire, the judge, and backed up by the appeal system.</p> <p>But these aspects of the criminal trial are being challenged by changes occurring inside and outside the courtroom.</p> <p>These challenges include high levels of <a href="https://theconversation.com/when-punitive-media-intrude-on-the-courts-role-can-justice-be-served-63824">media attention</a> given to criminal justice matters.</p> <p>Another is the questioning about the way <a href="https://theconversation.com/lehrmann-inquiry-whats-a-director-of-public-prosecutions-or-dpp-a-legal-expert-explains-206194">public prosecutors are using their discretion</a> in bringing charges against individuals. This is happening in NSW, ACT and Victoria.</p> <p>There are also concerns about “<a href="https://theconversation.com/junk-science-is-being-used-in-australian-courtrooms-and-wrongful-convictions-are-at-stake-231480">junk science</a>” being relied on Australian courtrooms. This is where unreliable or inaccurate expert evidence is introduced in trials.</p> <p>Some legal bodies are also demanding a <a href="https://lawcouncil.au/publicassets/0e6c7bd7-e1d6-e611-80d2-005056be66b1/120421-Policy-Statement-Commonwealth-Criminal-Cases-Review-Comission.pdf">post-appeal criminal cases review commission</a> to prevent wrongful convictions.</p> <h2>Added complexity</h2> <p>It is not just juries that must come to grips with complex evidence in criminal matters. Judges and lawyers are also required to grasp intricate scientific evidence, understand new areas of expertise, and get across changing practices of validating expert knowledge.</p> <p>The difficulty of these tasks for judges and lawyers was on show in the two special inquiries into Kathleen Folbigg’s convictions for the murder of her children, held in 2019 and 2022–23. Rapid developments in genetic science, alongside other developments, came to <a href="https://theconversation.com/folbigg-pardon-science-is-changing-rapidly-and-the-law-needs-to-change-with-it-207604">cast doubt</a> on the accuracy of Folbigg’s convictions. This was just a few years after the first inquiry concluded there was no reasonable doubt about her guilt.</p> <p>The challenges facing criminal trials are one dimension of much wider social and political dynamics. News and information is produced and consumed differently now. People have <a href="https://theconversation.com/why-so-many-people-have-had-enough-of-experts-and-how-to-win-back-trust-206134">differing degrees</a> of respect for scientific knowledge and expertise. Trust in authority and institutions <a href="https://theconversation.com/5-charts-show-how-trust-in-australias-leaders-and-institutions-has-collapsed-183441">is low</a>.</p> <p>These factors come together in a perfect storm and pose existential questions about what criminal justice should look like now.</p> <h2>What does the future look like?</h2> <p>The future of criminal law and its institutions depends on their <a href="https://ses.library.usyd.edu.au/handle/2123/32995">legitimacy</a>. It’s legitimacy that gives courts the social license and power to proscribe conduct, prosecute crimes and authorise punishment. Juries are a vital piece of this picture.</p> <p>Amid the changing environment, there are things we can do to improve jury trials and in turn, safeguard and enhance their legitimacy.</p> <p>One is providing extremely careful instructions to juries to make sure jurors <a href="https://theconversation.com/we-need-better-jury-directions-to-ensure-justice-is-done-104417">understand their tasks</a>, and do not feel <a href="https://lawfoundation.net.au/wp-content/uploads/2023/12/UNSW_Jury_Study_Hunter_2013.pdf">frustrated</a>.</p> <p>Another is introducing <a href="https://www.researchgate.net/publication/343032083_Regulating_Forensic_Science_and_Medicine_Evidence_at_Trial_It's_Time_for_a_Wall_a_Gate_and_Some_Gatekeeping">higher and better standards</a> for expert evidence. Experts testifying in court need firm guidance, especially on their use of <a href="https://theconversation.com/the-words-that-helped-wrongly-convict-kathleen-folbigg-200635">industry jargon</a>, to decrease chances of wrongful convictions.</p> <p>These sorts of changes might be coupled with changes in criminal laws, like enhancing laws of self-defence so they are <a href="https://static1.squarespace.com/static/5aa98420f2e6b1ba0c874e42/t/64a58aac48b25f2af05ac74f/1688570542199/CWJ+Arlie+Loughnan+and+Clare+Davidson+Australia.pdf">more accessible to women</a> in domestic violence situations.</p> <p>Together, this would help to future-proof criminal law, ready to meet the challenges of coming years and decades that we are yet to detect.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/239401/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/arlie-loughnan-12732">Arlie Loughnan</a>, Professor of Criminal Law, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a></em></p> <p><em>Image credits: Shutterstock </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/is-it-possible-to-have-a-fair-jury-trial-anymore-239401">original article</a>.</em></p> </div>

Legal

Placeholder Content Image

Why don’t Australians talk about their salaries? Pay transparency and fairness go hand-in-hand

<div class="theconversation-article-body"> <p><em><a href="https://theconversation.com/profiles/carol-t-kulik-150471">Carol T Kulik</a>, <a href="https://theconversation.com/institutions/university-of-south-australia-1180">University of South Australia</a></em></p> <p>In Australia, it’s not the done thing to know – let alone ask – what our colleagues are paid. Yet, it’s easy to see how pay transparency can make pay systems fairer and more effective.</p> <p>With more information on how much certain tasks and roles are valued, employees can better understand and interpret pay differences, and advocate for themselves. When pay is weakly aligned with employee contributions, pay transparency can be embarrassing for firms.</p> <p>As the government continues to <a href="https://www.smh.com.au/business/workplace/think-your-male-colleagues-earn-more-than-you-soon-you-ll-know-for-sure-20240104-p5ev7i.html">legislate for pay transparency</a>, wise employers should move to identify – and correct – both real and perceived inequities.</p> <h2>The salary taboo</h2> <p>At one extreme, imagine that you work for California-based tech company Buffer, which develops social media tools.</p> <p>Buffer lists the salary of every company employee, in descending order, on its <a href="https://buffer.com/salaries">website</a>. Salaries are non-negotiable and all Buffer employees receive a standard pay raise each year. Prospective job applicants can use Buffer’s online <a href="https://buffer.com/salary-calculator/senior-data-engineer/intermediate">salary calculator</a> to estimate their pay.</p> <p>Does Buffer’s pay system make you cheer – “yay, no uncomfortable salary negotiations!”, or squirm – “what, my salary is on the website?”</p> <p>Most probably, both. There is a persistent social norm researchers call the <a href="https://www.sciencedirect.com/science/article/pii/S0047272723000725">salary taboo</a>. We want to know, but we don’t like to ask, and we definitely don’t want anyone to know that we’re asking.</p> <p>In Norway, an app that enabled users to <a href="https://www.aeaweb.org/articles?id=10.1257/aer.20160256">access neighbors’ tax-reported income</a> was enormously popular – but only while the user could remain anonymous.</p> <h2>The problem with not knowing</h2> <p>Historically, companies have given employees only minimal information about their pay systems, and some have even prohibited them from sharing their own pay information.</p> <p>Such non-transparency creates two big problems.</p> <p>First, managers place <a href="https://sloanreview.mit.edu/article/achieving-meritocracy-in-the-workplace/">too much trust</a> in organisational systems. The more managers become convinced that pay decisions accurately reflect employee contributions, the less diligent they become about monitoring their own personal biases. Without accountability, it’s easy for an organisation’s pay system to drift into inequity.</p> <p>Second, in the absence of comparative information, employees often suspect they are being underpaid – even if they aren’t.</p> <p>In a <a href="https://www.payscale.com/research-and-insights/fair-pay-impact/">survey</a> of over 380,000 employees by data firm Payscale, 57% of employees paid <em>at</em> the market rate and 42% of people paid <em>above</em> the market rate all believed they were being underpaid.</p> <p>However, unfounded it might be, a nagging sense of inequity can drive people out the door. Payscale estimates that people who <em>think</em> they are underpaid are 50% more likely than other employees to seek a new job in the next six months.</p> <h2>Pay transparency is trending</h2> <p>Broadly speaking, pay transparency policies see companies report their pay levels or ranges, explain their pay-setting processes, or encourage their employees to share pay information.</p> <p>Some companies voluntarily share pay information in response to workforce demand, but there’s also a trend toward mandating pay transparency.</p> <p>In Australia, pay secrecy terms are <a href="https://theconversation.com/pay-secrecy-clauses-are-now-banned-in-australia-heres-how-that-could-benefit-you-195814">banned</a> from employment contracts and the Workplace Gender Equality Agency is <a href="https://www.wgea.gov.au/about/our-legislation/publishing-employer-gender-pay-gaps">publishing employers’ gender pay gaps</a>.</p> <p>The European Union’s <a href="https://ec.europa.eu/commission/presscorner/detail/es/ip_22_7739">Pay Transparency Directive</a> already publishes gender pay gaps and requires employers to provide comparative pay data to employees upon request. Several US states and cities now require employers to <a href="https://www.govdocs.com/pay-transparency-laws/">include salary ranges</a> in their recruitment materials.</p> <h2>Pay transparency usually has positive effects</h2> <p>In equitable pay systems, pay differences align with the differential values employees bring to the business. When pay systems are transparent, it’s easy for employees to recognise when they – and their coworkers – are being appropriately rewarded for their contributions.</p> <p>Evidence is building that such transparency is often a good thing.</p> <p>For one, it can increase employee <a href="https://journals.sagepub.com/doi/10.1177/002224377801500204">performance and job satisfaction</a>. People also generally <a href="https://www.journals.uchicago.edu/doi/10.1086/717891">underestimate their bosses’ salaries</a>, so pay transparency can inspire employees to aspire to higher-paid senior positions. And pay transparency identifies staff with unique expertise, so <a href="https://psycnet.apa.org/record/2016-01521-001">employees seek help</a> from the right coworkers.</p> <p>Pay transparency has also been shown to help narrow gender pay gaps. As pay transparency rules spread across public academic institutions in the US, the pay gap between male and female academics <a href="https://www.nature.com/articles/s41562-022-01288-9">dramatically narrowed</a> (in some states, it was even eliminated).</p> <p>In Denmark, where firms are now required to provide pay statistics that compare men and women, the national gender pay gap has <a href="https://onlinelibrary.wiley.com/doi/abs/10.1111/jofi.13136">declined by 13%</a> relative to the pre-legislation average.</p> <h2>But it can still be risky</h2> <p>Every pay system has pockets of unfairness, where managers have made <a href="https://psycnet.apa.org/record/2001-01537-002">special arrangements</a> to attract or retain talent. Pay transparency exposes these exceptions, so they can be immediately explained or corrected.</p> <p>But if there are too many such pockets, managers need to brace for a productivity downturn. When pay transparency reveals systematic inequities – for example, disparities based on gender – overall organisational <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4341804">productivity declines</a>.</p> <p>Over the long run, pay transparency leads to <a href="https://onlinelibrary.wiley.com/doi/abs/10.1111/jofi.13136">flatter and narrower</a> pay distributions, but distributions can also be too flat and too narrow. Managers making pay decisions are aware that their decisions will be directly scrutinised and may <a href="https://journals.aom.org/doi/10.5465/amj.2020.1831">become reluctant</a> to assign high wages even for high performance.</p> <p>If pay <a href="https://www.nature.com/articles/s41562-022-01288-9">loses its motivating potential</a>, employees can become disheartened, especially <a href="https://onlinelibrary.wiley.com/doi/abs/10.1111/peps.12054">star performers</a>.</p> <h2>Proceed with caution</h2> <p>As stakeholders on this issue demand more transparency, employers would be wise to stay ahead of legislative moves.</p> <p>Independently making the first move is a show of good faith and can unfold in stages. A good first step is to reveal the pay ranges associated with groups of related roles, giving employers time to conduct internal audits, communicate with employees and systematically correct inequities as they surface.</p> <p>In contrast, having to reveal pay data because of a government mandate can publicly expose patterns of inequity and cause permanent damage to a company’s reputation.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/224067/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/carol-t-kulik-150471">Carol T Kulik</a>, Research Professor, <a href="https://theconversation.com/institutions/university-of-south-australia-1180">University of South Australia</a></em></p> <p><em>Image credits: Getty Images </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/why-dont-australians-talk-about-their-salaries-pay-transparency-and-fairness-go-hand-in-hand-224067">original article</a>.</em></p> </div>

Money & Banking

Placeholder Content Image

Two-up, Gallipoli and the ‘fair go’: why illegal gambling is at the heart of the Anzac myth

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/bruce-moore-291912">Bruce Moore</a>, <a href="https://theconversation.com/institutions/australian-national-university-877">Australian National University</a></em></p> <p>Two-up is an Australian gambling game in which two coins are placed on a small piece of wood called a “kip” and tossed into the air. Bets are laid as to whether both coins will fall with heads or tails uppermost. It is one of the core activities of Anzac Day celebrations - and a beloved tradition.</p> <p>The word <a href="https://www.britannica.com/topic/ANZAC">ANZAC</a> was created in 1915 as an acronym from Australian and New Zealand Army Corps. By 1916 it was being used emblematically to reflect the traditional view of the virtues displayed by those in the <a href="https://www.britannica.com/event/Gallipoli-Campaign">Gallipoli campaign</a>, especially as these are seen as national characteristics. This cluster of national characteristics includes mateship, larrikin daredevilry, anti-authoritarianism, and egalitarianism.</p> <p>The game of two-up became indicative of these qualities. Mateship was evident in the way the game brought together people of disparate backgrounds. Larrikinism was evident in the defiant rejection of authority and convention.</p> <p>Two-up was always illegal, because the game is an unregulated form of gambling (although from the 1980s it became legal in most Australian states on Anzac Day). But in spite of the illegality, it was widely regarded as the fairest of gambling games, and at the time of the First World War the verbal command for the coins to be spun was not “come in spinner” (as it is now) but “fair go”. Indeed, the important Australian concept of the “fair go” was in part cemented by its role in the game.</p> <p>Two-up was the common pastime of the urban working-class man, and it feeds into the elements of egalitarianism and anti-authoritarianism that are central to both the Anzac myth and the Australian myth.</p> <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/458543/original/file-20220419-17-6mgarp.jpg?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=1000&amp;fit=clip"><img src="https://images.theconversation.com/files/458543/original/file-20220419-17-6mgarp.jpg?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/458543/original/file-20220419-17-6mgarp.jpg?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=600&amp;h=466&amp;fit=crop&amp;dpr=1 600w, https://images.theconversation.com/files/458543/original/file-20220419-17-6mgarp.jpg?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=600&amp;h=466&amp;fit=crop&amp;dpr=2 1200w, https://images.theconversation.com/files/458543/original/file-20220419-17-6mgarp.jpg?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=600&amp;h=466&amp;fit=crop&amp;dpr=3 1800w, https://images.theconversation.com/files/458543/original/file-20220419-17-6mgarp.jpg?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;h=585&amp;fit=crop&amp;dpr=1 754w, https://images.theconversation.com/files/458543/original/file-20220419-17-6mgarp.jpg?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=754&amp;h=585&amp;fit=crop&amp;dpr=2 1508w, https://images.theconversation.com/files/458543/original/file-20220419-17-6mgarp.jpg?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=754&amp;h=585&amp;fit=crop&amp;dpr=3 2262w" alt="" /></a><figcaption><span class="caption">Two original 1915 Australian pennies in a kip from which they are tossed.</span> <span class="attribution"><span class="source">Roland Scheicher/ Wikimedia</span></span></figcaption></figure> <h2>Two-up and wartime life</h2> <p>From the very early period of the First World War, two-up assumed great importance among the Australian troops. Soldiers reported that two-up was played on the battlefield during the Gallipoli campaign, even when under shellfire. As the war dragged on, numerous stories were told about Australian soldiers’ obsession with playing it.</p> <p>In 1918 the <a href="https://www.awm.gov.au/collection/P10676229">war correspondent Charles Bean</a> studied the daily life of a company of Australian soldiers stationed at a brewery in Querrieu in northern France.</p> <p>He places great emphasis on two-up, writing in his diary in 1918: "Two-up’ is the universal pastime of the men. … It is a game which starts in any quarter of an hour’s interval or lasts the whole afternoon. The side road outside becomes every evening a perfect country fair with groups playing these games in it - a big crowd of 70 or 80 at the bottom the street, in the middle of the road; a smaller crowd of perhaps twenty on a doorstep further up. … The game is supposed to be illegal, I think; but at any rate in this company they wink at it."</p> <p>Two-up was important not just in taking soldiers’ minds off the realities of the war, but also in creating a strong sense of community. Photographs from the war that show the men playing two-up reveal how it brought them together physically in a communal activity.</p> <p>This helps explains why men, who in civilian life may have had little or no interest in gambling, joined in the camaraderie and fun of the two-up fair, and by so doing blotted out the boredom, isolation, and loneliness of much wartime experience.</p> <h2>Anzac Day and tradition</h2> <p>Playing two-up became an integral part of the diggers’ memories of the experience of war, especially when commemorated on Anzac Day. By the 1930s the playing of two-up outdoors after the Anzac Day march had become an entrenched tradition.</p> <p>As the ranks of diggers from the two world wars declined, so the structure of Anzac Day changed in emphasis. In recent years the Dawn Service has increased greatly in popularity, while the Anzac Day march has <a href="https://www.abc.net.au/news/2019-04-07/concern-over-australias-dwindling-number-of-world-war-veterans/10911602">suffered from dwindling numbers</a> of veterans. The streets of Sydney and similar cities are no longer dotted with two-up games in the afternoon. The games have shifted to pubs and clubs, and they are largely played by people with no experience of war.</p> <p>Those people who play the game on this day do so not for any deep-seated gambling impulse or because they would love to play the game on every other day of the year. They play two-up because it has become part of the meaning of Anzac Day.</p> <p>Anzac Day has always combined solemnity and festivity. The Dawn Service commemorates the landing at Gallipoli, and the sacrifices that ensued. Its mood is solemn.</p> <p>In the past, returned soldiers reminisced, told war yarns, drank, and played two-up. The soldiers have passed on, but their larrikinism survives in the tradition of the game they have bequeathed to their descendants.</p> <p>We should not underestimate the significance of rituals of this kind—the playing of two-up is a way in which Australians can become not just observers of, but participants in, their history and their myths. Two-up is a ritual that links the present with the past on this one day of the year.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/181337/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/bruce-moore-291912">Bruce Moore</a>, Honorary Associate Professor in the School of Literature, Languages, and Linguistics, <a href="https://theconversation.com/institutions/australian-national-university-877">Australian National University</a></em></p> <p><em>Image </em><em>credits: Getty Images </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/two-up-gallipoli-and-the-fair-go-why-illegal-gambling-is-at-the-heart-of-the-anzac-myth-181337">original article</a>.</em></p> </div>

Money & Banking

Placeholder Content Image

50 years on, Advance Australia Fair no longer reflects the values of many. What could replace it?

<p><a href="https://theconversation.com/profiles/wendy-hargreaves-1373285">Wendy Hargreaves</a>, <em><a href="https://theconversation.com/institutions/university-of-southern-queensland-1069">University of Southern Queensland</a></em></p> <p>On April 8 1974, Prime Minister Gough Whitlam announced to parliament the nation’s new national anthem: <a href="https://www.pmc.gov.au/honours-and-symbols/australian-national-symbols/australian-national-anthem">Advance Australia Fair</a>.</p> <p>Australia was growing up. We could stop saving “<a href="https://en.wikipedia.org/wiki/God_Save_the_King">our gracious Queen</a>” and rejoice in being “young” and “girt”.</p> <p>Finding a new anthem hadn’t been easy. There were unsuccessful <a href="https://www.naa.gov.au/help-your-research/fact-sheets/australias-national-anthem">songwriting competitions</a> and an unconvincing opinion poll. Finally, we landed on rebooting an Australian favourite from 1878.</p> <p>After Whitlam’s announcement, Australians argued, state officials declined the change and the next government reinstated the British anthem in part. It took another ten years, another poll and an official proclamation in 1984 to adopt the new anthem uniformly and get on with looking grown-up.</p> <p>Advance Australia Fair was never the ideal answer to “what shall we sing?”. The original lyrics ignored First Nations people and overlooked women. Like a grunting teenager, it both answered the question and left a lot out.</p> <p>On its 50th anniversary, it’s time to consider whether we got it right. Advance Australia Fair may have helped Australia transition through the 1970s, but in 2024, has it outstayed its welcome?</p> <h2>How do you pick a national anthem?</h2> <p>A national anthem is a government-authorised song performed at official occasions and celebrations. It unifies people and reinforces national identity. Often, governments nominate a tune by searching through historical patriotic songs to find a <a href="https://dictionary.cambridge.org/dictionary/english/golden-oldie">golden oldie</a> with known public appeal.</p> <p>For example, the lyrics of the Japanese anthem <a href="https://en.wikipedia.org/wiki/Kimigayo">Kimigayo</a> came from pre-10th-century poetry. Germany’s anthem <a href="https://www.britannica.com/topic/Deutschlandlied">Deutschlandlied</a> adopted a 1797 melody from renowned composer <a href="https://www.britannica.com/biography/Joseph-Haydn">Joseph Haydn</a>. An enduring song or text offers star quality, proven popularity and the prestige of age.</p> <p>In the 1970s, Australia’s attempt at finding a golden oldie was flawed. In that era, many believed Australia’s birth occurred at the arrival of explorer <a href="https://www.britannica.com/biography/James-Cook">James Cook</a> in 1770. Hence, we narrowed our search to hymns, marches and fanfares from our colonial history for possible anthems.</p> <p>With 2020s hindsight (pun intended), <a href="https://theconversation.com/our-national-anthem-is-non-inclusive-indigenous-australians-shouldnt-have-to-sing-it-118177">expecting First Nations</a> people to sing Advance Australia Fair was hypocritical. We wanted to raise Australia’s visibility internationally, yet the custodians of the lands and waterways were unseen by our country’s eyes. We championed “history’s page” with a 19th-century song that participated in racial discrimination.</p> <h2>Changing anthems</h2> <p>With a half-century on the scoreboard, are we locked in to singing Advance Australia Fair forever? No.</p> <p>Anthems can change. Just ask <a href="https://en.wikipedia.org/wiki/James_Morrison_(jazz_musician)">James Morrison</a>. In 2003, the Australian trumpeter played the Spanish national anthem beautifully at the <a href="https://www.daviscup.com/en/home.aspx">Davis Cup</a> tennis final. Unfortunately, he <a href="https://www.abc.net.au/news/2003-11-28/spanish-angry-over-anthem-mix-up/1516684">played the old anthem</a> that heralded civil war.</p> <p>Morrison’s accidental performance incited a fist-shaking dignitary and an enraged Spanish team who temporarily refused to play. Morrison did, however, to his embarrassment, later receive some excited fan mail from Spanish revolutionists.</p> <p>If we want to change our anthem, where could we begin? We could start by revisiting the golden-oldie approach with a more inclusive ear. Perhaps there’s a song from contemporary First Nations musicians we could consider, or a song from their enduring oral tradition that they deem appropriate (and grant permission to use).</p> <p>If we have learnt anything from Australian history, it’s that we must include and ask – not exclude and take.</p> <p>We could also consider Bruce Woodley and Dobe Newton’s 1987 song <a href="https://www.nfsa.gov.au/collection/curated/asset/101146-i-am-australian-various">I Am Australian</a>, which reached golden-oldie status last year when the <a href="https://www.nfsa.gov.au/slip-slop-slap-i-am-australian-join-sounds-australia">National Film and Sound Archive</a> added it to their registry. The lyrics show the acknowledgement and respect of First Nations people that our current anthem lacks. The line “we are one, but we are many” captures the inclusivity with diversity we now value.</p> <figure><iframe src="https://www.youtube.com/embed/KrLTe1_9zso?wmode=transparent&start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> <p>I Am Australian wouldn’t be a problem-free choice. Musically, the style is a “light rock” song, not a grand “hymn”, which could be a plus or minus depending on your view. Lyrically, romanticising convicted killer <a href="https://adb.anu.edu.au/biography/kelly-edward-ned-3933">Ned Kelly</a> is controversial, and mispronouncing “Australians” could be considered inauthentic (fair dinkum Aussies say “Au-strail-yins”, not “Au-stray-lee-uhns”).</p> <p>That said, Australians are quite experienced at patching holes in our anthem. Advance Australia Fair required many adjustments.</p> <p>If the golden-oldie approach fails again, how about composing a new anthem? We could adopt <a href="https://nationalanthems.info/ke.htm">Kenya’s approach</a> of commissioning an anthem, or could revive the good ol’ songwriting competition. Our past competitions weren’t fruitful, but surely our many talented musicians and poets today can meet the challenge.</p> <h2>It’s time to ask</h2> <p>Fifty years on, we acknowledge Advance Australia Fair as the anthem that moved our nation forward. That was the first and hardest step. Today, if Australians choose, we can retire the song gracefully and try again with a clearer voice.</p> <p>Changing our anthem begins with asking whether the current song really declares who we are. Have our values, our perspectives and our identity changed in half a century?</p> <p>Australia, it’s your song. Are you happy to sing Advance Australia Fair for another 50 years? <img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/226737/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /></p> <p><a href="https://theconversation.com/profiles/wendy-hargreaves-1373285">Wendy Hargreaves</a>, Senior Learning Advisor, <em><a href="https://theconversation.com/institutions/university-of-southern-queensland-1069">University of Southern Queensland</a></em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/50-years-on-advance-australia-fair-no-longer-reflects-the-values-of-many-what-could-replace-it-226737">original article</a>.</em></p> <p><em>Images: Shutterstock | Wikimedia Commons</em></p>

Music

Placeholder Content Image

Who will look after us in our final years? A pay rise alone won’t solve aged-care workforce shortages

<p><a href="https://theconversation.com/profiles/stephen-duckett-10730">Stephen Duckett</a>, <em><a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a></em></p> <p>Aged-care workers will receive a significant pay increase after the Fair Work Commission <a href="https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb150.pdf">ruled</a> they deserved substantial wage rises of up to 28%. The federal government <a href="https://ministers.dewr.gov.au/burke/fair-work-decision-aged-care">has committed to</a> the increases, but is yet to announce when they will start.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Tens of thousands of aged care workers will receive a major pay rise after the Fair Work Commission recommended the increase. <a href="https://t.co/NeNt1Gvxd9">https://t.co/NeNt1Gvxd9</a></p> <p>— SBS News (@SBSNews) <a href="https://twitter.com/SBSNews/status/1768557710537068889?ref_src=twsrc%5Etfw">March 15, 2024</a></p></blockquote> <p>But while wage rises for aged-care workers are welcome, this measure alone will not fix all workforce problems in the sector. The number of people over 80 is expected to <a href="https://treasury.gov.au/sites/default/files/2023-08/p2023-435150.pdf">triple over the next 40 years</a>, driving an increase in the number of aged care workers needed.</p> <h2>How did we get here?</h2> <p>The Royal Commission into Aged Care Quality and Safety, which delivered its <a href="https://www.royalcommission.gov.au/aged-care/final-report">final report</a> in March 2021, identified a litany of tragic failures in the regulation and delivery of aged care.</p> <p>The former Liberal government was dragged reluctantly to accept that a total revamp of the aged-care system was needed. But its <a href="https://www.health.gov.au/ministers/the-hon-greg-hunt-mp/media/respect-care-and-dignity-aged-care-royal-commission-452-million-immediate-response-as-government-commits-to-historic-reform-to-deliver-respect-and-care-for-senior-australians#:%7E:text=Minister%20for%20Senior%20Australians%20and,%2C%20dementia%2C%20food%20and%20nutrition.">weak response</a> left the heavy lifting to the incoming Labor government.</p> <p>The current government’s response started well, with a <a href="https://theconversation.com/anthony-albanese-offers-2-5-billion-plan-to-fix-crisis-in-aged-care-180419">significant injection of funding</a> and a promising regulatory response. But it too has failed to pursue a visionary response to the problems identified by the Royal Commission.</p> <p>Action was needed on four fronts:</p> <ul> <li>ensuring enough staff to provide care</li> <li>building a functioning regulatory system to encourage good care and weed out bad providers</li> <li>designing and introducing a fair payment system to distribute funds to providers and</li> <li>implementing a financing system to pay for it all and achieve intergenerational equity.</li> </ul> <p>A government taskforce which proposed a <a href="https://theconversation.com/what-will-aged-care-look-like-for-the-next-generation-more-of-the-same-but-higher-out-of-pocket-costs-225551">timid response to the fourth challenge</a> – an equitable financing system – was released at the start of last week.</p> <p>Consultation closed on a <a href="https://media.opan.org.au/uploads/2024/03/240308_Aged-Care-Act-Exposure-Draft-Joint-Submission_FINAL.pdf">very poorly designed new regulatory regime</a> the week before.</p> <p>But the big news came at end of the week when the Fair Work Commission handed down a further <a href="https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb150.pdf">determination</a> on what aged-care workers should be paid, confirming and going beyond a previous <a href="https://www.fwc.gov.au/documents/sites/work-value-aged-care/decisions-statements/2022fwcfb200.pdf">interim determination</a>.</p> <h2>What did the Fair Work Commission find?</h2> <p>Essentially, the commission determined that work in industries with a high proportion of women workers has been traditionally undervalued in wage-setting. This had consequences for both care workers in the aged-care industry (nurses and <a href="https://training.gov.au/Training/Details/CHC33021">Certificate III-qualified</a> personal-care workers) and indirect care workers (cleaners, food services assistants).</p> <p>Aged-care staff will now get significant pay increases – 18–28% increase for personal care workers employed under the Aged Care Award, inclusive of the increase awarded in the interim decision.</p> <figure class="align-center "><figcaption></figcaption>Indirect care workers were awarded a general increase of 3%. Laundry hands, cleaners and food services assistants will receive a further 3.96% <a href="https://www.fwc.gov.au/documents/decision-summaries/2024fwcfb150-summary.pdf">on the grounds</a> they “interact with residents significantly more regularly than other indirect care employees”.</figure> <p>The final increases for registered and enrolled nurses will be determined in the next few months.</p> <h2>How has the sector responded?</h2> <p>There has been no push-back from employer groups or conservative politicians. This suggests the uplift is accepted as fair by all concerned.</p> <p>The interim increases of up to 15% probably facilitated this acceptance, with the <a href="https://theconversation.com/what-does-the-budget-mean-for-medicare-medicines-aged-care-and-first-nations-health-192842">recognition of the community</a> that care workers should be paid more than fast food workers.</p> <p>There was <a href="https://www.accpa.asn.au/media-releases/accpa-welcomes-further-aged-care-wage-rises">no criticism from aged-care providers</a> either. This is probably because they are facing difficulty in recruiting staff at current wage rates. And because government payments to providers reflect the <a href="https://www.ihacpa.gov.au/">actual cost of aged care</a>, increased payments will automatically flow to providers.</p> <p>When the increases will flow has yet to be determined. The government is due to give its recommendations for staging implementation by mid-April.</p> <h2>Is the workforce problem fixed?</h2> <p>An increase in wages is necessary, but alone is not sufficient to solve workforce shortages.</p> <p>The health- and social-care workforce is <a href="https://www.jobsandskills.gov.au/data/employment-projections">predicted</a> to grow faster than any other sector over the next decade. The “care economy” will <a href="https://theconversation.com/care-economy-to-balloon-in-an-australia-of-40-5-million-intergenerational-report-211876">grow</a> from around 8% to around 15% of GDP over the next 40 years.</p> <p>This means a greater proportion of school-leavers will need to be attracted to the aged-care sector. Aged care will also need to attract and retrain workers displaced from industries in decline and attract suitably skilled migrants and refugees with appropriate language skills.</p> <p>The <a href="https://theconversation.com/demand-driven-funding-for-universities-is-frozen-what-does-this-mean-and-should-the-policy-be-restored-116060">caps on university and college enrolments</a> imposed by the previous government, coupled with weak student demand for places in key professions (such as nursing), has meant workforce shortages will continue for a few more years, despite the allure of increased wages.</p> <p>A significant increase in intakes into university and vocational education college courses preparing students for health and social care is still required. Better pay will help to increase student demand, but funding to expand place numbers will ensure there are enough qualified staff for the aged-care system of the future. <!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/225898/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><a href="https://theconversation.com/profiles/stephen-duckett-10730">Stephen Duckett</a>, Honorary Enterprise Professor, School of Population and Global Health, and Department of General Practice and Primary Care, <em><a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a></em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/who-will-look-after-us-in-our-final-years-a-pay-rise-alone-wont-solve-aged-care-workforce-shortages-225898">original article</a>.</em></p> <p><em>Image: Getty</em></p>

Retirement Income

Placeholder Content Image

"It's just not fair": Driver slams council for misleading parking fine

<p>A furious motorist has taken aim at a Sydney council's parking solution that resulted in an "outrageous" and "unjustified" fine. </p> <p>Ben drives to the Campbelltown train station in South West Sydney every day for his workday commute, and has recently been forced to find alternative parking plans due to a major disruption. </p> <p>A multi-deck carpark is being built near the station to accommodate the influx of traffic, but while the site is under construction, a makeshift parking lot has been set up. </p> <p>While the new car park will add 500 parking bays when completed, residents have claimed the council has drastically reduced the number of spaces in the meantime.</p> <p>Ben told <em><a href="https://www.9news.com.au/national/sydney-parking-rules-drivers-outrage-over-tiny-detail-in-parking-fine/4cfe4d45-c311-4587-b68a-fc1d017675fc" target="_blank" rel="noopener">9news.com.au</a></em> parking had become "a nightmare" since the temporary lot opened, leaving many motorists with no option but to park along the fence line. </p> <p>It's this act that saw Ben receive a $129 parking fine in the mail. </p> <p>He was outraged when he was issued a fine on February 9th for "not stand vehicle in a marked parking space" when he had no other parking option. </p> <p>"They've advertised that the temporary car park is the same amount of spaces lost during the construction, which is severely incorrect," he said.</p> <p>"I can only assume they are fining loads of drivers as that space along the fence line is always full of cars parked the same as mine was."</p> <p>Along with the fine itself, ticket inspectors supplied Ben a photo of a wordy and confusing sign located near the entrance to the lot, which only added to his frustration with the local council.</p> <p>He said while there were no marked bays along the fence line, signage was not clear enough to indicate to drivers they weren't allowed to park there.</p> <p>"I mean it's just not fair. It's a temporary gravel parking lot," he said.</p> <p>"They've created this mess and now they are targeting innocent commuters fighting to just leave their car somewhere to catch public transport into work."</p> <p>A spokesperson for Campbelltown City Council told <em>Nine News</em> they understood the construction of the new car park would "create some disruption".</p> <p>"A temporary 113-space parking lot has been opened adjacent to the existing parking lot in order to offset some of the parking loss," they said.</p> <p>The council was "actively monitoring and reviewing the current parking and signage arrangements as well as community feedback, to identify any further improvements that could be made and inform any additional community notification required".</p> <p>"While this review takes place, vehicles will only be fined where a safety risk to both other vehicles and/or pedestrians is identified," the spokesperson said.</p> <p><em>Image credits: Nine News</em></p>

Legal

Placeholder Content Image

Sculpture worth $42,000 shatters at art fair

<p dir="ltr">Pieces of an iconic sculpture are now in high demand, after the renowned work smashed to pieces. </p> <p dir="ltr">At a Miami art fair, Jeff Koons’ well-known piece Balloon Dog (Blue), worth $42,000, was being showcased at the fair’s VIP preview night. </p> <p dir="ltr">Unfortunately, the 16-inch-tall sculpture would never make it to public viewing, after an art collector accidentally bumped into its transparent pedestal, sending the artwork falling to the floor where it shattered beyond repair. </p> <p dir="ltr">“Before I knew it, they were picking up the Jeff Koons pieces in a dustpan with a broom,” Stephen Gamson, an art collector and artist who was in attendance, told the <em><a href="https://www.nytimes.com/2023/02/18/arts/jeff-koons-sculpture-broken-miami.html">New York Times</a></em>.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Jeff Koons’ Balloon Dog sculpture was accidentally broken into a thousand pieces by a visitor. </p> <p>The art piece was worth $42,000. <a href="https://t.co/fqHTIKpT5I">pic.twitter.com/fqHTIKpT5I</a></p> <p>— Pop Tingz (@ThePopTingz) <a href="https://twitter.com/ThePopTingz/status/1628070672600645635?ref_src=twsrc%5Etfw">February 21, 2023</a></p></blockquote> <p dir="ltr">“It was an event!” Bénédicte Caluch, an art advisor with Bel-Air Fine Art, tells the<em> <a href="https://www.miamiherald.com/entertainment/visual-arts/article272539097.html">Miami Herald</a></em>. </p> <p dir="ltr">“Everybody came to see what happened. It was like when Banksy’s artwork was shredded.”</p> <p dir="ltr">Nervous attendees crowded around the shattered artwork, curious if the destruction was part of a larger stunt. </p> <p dir="ltr">However, as staff members stepped in to help clean the sculpture away, the onlookers quickly realised that was not the case. </p> <p dir="ltr">“Of course it is heartbreaking to see such an iconic piece destroyed,” Cédric Boero, Bel-Air Fine Art’s district manager, told <em>CNN</em>. </p> <p dir="ltr">The art collector didn’t intend to break the piece, but “this kind of thing unfortunately happens,” he adds. “That is why the artwork was covered by insurance.”</p> <p dir="ltr">An insurance expert will evaluate the pieces of the sculpture, which have been placed in a box for safekeeping.</p> <p dir="ltr">Art collector Stephen Gamson is among many who have offered to buy the now-destroyed artwork, with the gallery continuing to receive offers. </p> <p dir="ltr">“I find value in it even when it’s broken,” Gamson says to the <em>Miami Herald</em>. “To me, it’s the story. It makes the art even more interesting.”</p> <p dir="ltr"><em>Image credits: Getty Images</em></p>

Art

Placeholder Content Image

Jessica Mauboy’s exciting new Top End venture

<p dir="ltr">Aussie singer-songwriter Jessica Mauboy has returned to her home in the Northern Territory for an exciting new venture. </p> <p dir="ltr">The 32-year-old has headed back to Larrakia country near Darwin to take on a new role supporting remote community artists, who are set to share their works and textiles at the <a href="https://www.google.com/search?client=safari&amp;rls=en&amp;q=Darwin+Aboriginal+Art+Fair&amp;ie=UTF-8&amp;oe=UTF-8">Darwin Aboriginal Art Fair</a> (DAAF) and related fashion shows later this year. </p> <p dir="ltr">"It's a huge responsibility and I want to be able to share that message and be that role model that encourages mob to come out and to continue to share their story because it's important," she said.</p> <p dir="ltr">"Their story is important."</p> <p dir="ltr">As an ambassador for DAAF, Jessica has spent time touring remote art centres, but said she is happy to take a back seat and let the art speak for itself. </p> <p dir="ltr">"From my point of view, from my lens, I'm being taught, I'm the listener," she said.</p> <p dir="ltr">After two years off due to the pandemic, Indigneous artists from remote communities in Northern territory, as well as elsewhere in Australia, will be able to travel to share their art for the DAAF events in August. </p> <p dir="ltr">This comes with a promise from the event's organisers to return all the profits to artists and their communities via local art centres, with the event taking no commission.</p> <p dir="ltr">With her new role with the DAAF, Jessica Mauboy said she hopes to serve as a role model for young Indigenous Australians. </p> <p dir="ltr">"I'm sure youth are facing a lot of challenges," she said.</p> <p dir="ltr">"Just trust yourself and believe in yourself more, and that takes great courage and great bravery but once you do that, I think all else just falls into place."</p> <p dir="ltr">"I'm still that Darwin bush kid who can be barefoot and just be."</p> <p dir="ltr"><em>Image credits: Getty Images</em></p>

Art

Placeholder Content Image

"Just not fair": Australia's most-decorated Olympian's trans stance

<p dir="ltr">Olympic star Emma McKeon has taken a stance against transgender athletes competing in women’s sport.</p> <p dir="ltr">The five-time gold medallist said “it’s just not fair” to be competing against transgender athletes during a seminar at Griffith University.</p> <p dir="ltr">Her comments came as Prime Minister Scott Morrison backs Liberal candidate for Warringah Katherine Deves, who caused an uproar by declaring trans teenagers are “surgically mutilated” and that the rainbow Pride flag “triggers” her.</p> <p dir="ltr">"I personally wouldn't want to be racing against someone who is biologically a male, so that's a concern," McKeon said.</p> <p dir="ltr">"It's not a new thing, but it's new in that sport, swimming, are going to have to deal with it."</p> <p dir="ltr">McKeon believes it won’t “come to the point” where she is competing against a transgender opponent.</p> <p dir="ltr">“I don't think I'm going to have to race against a trans swimmer, I don't think it's going to come to that point,” she continued.</p> <p dir="ltr">“But now that it's a growing thing, the sport has to think about how to handle it and how to deal with it, because you do want to be inclusive, but you don't want to have females racing against swimmers who are biologically male because it's just not fair.”</p> <p dir="ltr">Laurel Hubbard from New Zealand competed in women’s weightlifting at the 2021 Tokyo Olympics which sparked a debate on the fairness of the competition.</p> <p dir="ltr">New Zealand's Laurel Hubbard sparked debate when she competed in women's weightlifting at the 2021 Tokyo Olympics.</p> <p dir="ltr">Australia’s Hannah Mouncey, a former men’s national handball player wanted to compete in AFLW and was rejected with the AFL being taken to court.</p> <p dir="ltr"><em>Image: Getty</em></p>

News

Placeholder Content Image

Vanity Fair slammed for "distorted" Nicole Kidman cover

<p dir="ltr">Fashion giant <em>Vanity Fair</em> has come under fire for unattainable beauty standards, after images of Nicole Kidman’s cover of the magazine <a href="https://www.abc.net.au/news/2022-02-18/vanity-fair-photoshop-disaster-on-nicole-kidman-cover/100842684" target="_blank" rel="noopener">sparked debate</a> online.</p> <p dir="ltr">The 54-year-old actress, styled in Italian high fashion label Miu Miu, posed for the cover of the magazine’s “Hollywood Issue”, prompting some to allege the magazine used excessive photoshopping.</p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/CaFFB8aLARD/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/CaFFB8aLARD/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank" rel="noopener">A post shared by Vanity Fair (@vanityfair)</a></p> </div> </blockquote> <p dir="ltr">Many have backed up these allegations with claims Kidman’s knee pops out at an angle that is incongruous with her foot and that the line of her left oblique is right next to her belly button.</p> <p dir="ltr">One commenter compared the photo to the video accompanying <em><a href="https://www.vanityfair.com/hollywood/2022/02/nicole-kidman-2022-hollywood-portfolio?itm_content=inline&amp;itm_campaign=hollywood-portfolio-recirc" target="_blank" rel="noopener">Vanity Fair</a></em>’s cover story and pointed out differences between them, despite it being technologically possible for videos to also be retouched.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Airbrushing is done on the body, so she’s still airbrushed. Also, videos can be tweaked. Even still, compare the still from the video (right) to the cover (left). The cover photo is obviously distorted. <a href="https://t.co/8OnYAqEjVw">pic.twitter.com/8OnYAqEjVw</a></p> <p>— Lisa Strawn (@lparke) <a href="https://twitter.com/lparke/status/1494437479193137152?ref_src=twsrc%5Etfw">February 17, 2022</a></p></blockquote> <p dir="ltr">“No 54-year-old’s body looks like that, not even Nicole Kidman’s. Why are we still doing this s**t?” one popular response on Twitter read.</p> <p dir="ltr">“She is a beautiful woman and can do whatever she wants with her body. It’s a criticism of the magazine’s stylistic choices and insane airbrushing.”</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Even beyond the bizarre styling and weirdo creative direction… this is just straight shoddy photoshop work…duplicated flower patch clear as day, foot becoming one with the grass…unclear if she is a missing part of her hip…smh that this got signed off on by so many.. <a href="https://t.co/axIu24XhkL">pic.twitter.com/axIu24XhkL</a></p> <p>— Puppybrother (@puppybrother12) <a href="https://twitter.com/puppybrother12/status/1494436334949203968?ref_src=twsrc%5Etfw">February 17, 2022</a></p></blockquote> <p dir="ltr">Other eagle-eyed critics pointed out other inconsistencies, such as flowers cloned behind Kidman and her shoe “becoming one with the grass”.</p> <p dir="ltr">The cover photo also seems to contradict the accompanying interview, where Kidman opens up about health issues she has experienced as a result of being in the public eye.</p> <p dir="ltr">She told <em>Vanity Fair</em> she often tricked her immune system into thinking that the suffering her characters experienced was real, only to fall ill after filming.</p> <p dir="ltr">“Parts of the body don’t know, a lot of the time, what the difference is (between acting and real-life),” she explained.</p> <p dir="ltr">The Australian star spoke of one example where she got sick after filming the TV series <em>Big Little Lies</em>, in which she played an abuse survivor.</p> <p dir="ltr">“I’ve started to understand a bit more to take care of yourself,” she said.</p> <p dir="ltr"><em>Image: @vanityfair (Instagram)</em></p>

News

Placeholder Content Image

With commercial galleries an endangered species, are art fairs a necessary evil?

<p>Although record numbers of people are flocking to exhibitions in the major public art galleries, foot traffic into commercial art galleries is dwindling at an alarming rate. Embarrassed gallery directors of well-established and well-known commercial art galleries will quietly confess that frequently they scarcely get more than a dozen visitors a day. Outside the flurry of activity on the day of the opening, very little happens for the duration of the show.</p> <p>This is not a peculiarity of the Australian art scene, I have heard similar accounts in London, Manhattan and Paris. The art public has largely ceased visiting commercial art galleries as a regular social activity and art collectors are frequently buying over the internet or through art fairs. In fact, many galleries admit that most of their sales occur via their websites, through commissions or at art fairs, with a shrinking proportion from exhibitions or their stockroom by actual walk-in customers.</p> <p>The commercial art galleries have become an endangered species and their numbers are shrinking before our eyes. Leaving aside China and its urban arts precincts, such as <a href="http://www.798district.com/">798 Art Zone in Beijing</a>, again this is a trend that can be noted in much of Europe, America and Australasia.</p> <p>At the same time, the art market is relatively buoyant, albeit somewhat differently configured from the traditional one. The art auction market in many quarters is thriving and, as persistent rumours have it, not infrequently auction houses leave their role as purely a secondary market and increasingly source work directly from artists’ studios. This seeps into their lavish catalogues.</p> <p>The other booming part of the art trade is the art fairs. Here I will pause on a case study of the <a href="http://www.artfair.co.nz/">Auckland Art Fair 2019</a>. Started by a charitable trust about a dozen years ago and run as a biennial, in 2016 the fair, with new sponsorship and a new management team of Stephanie Post and Hayley White, was reorientated. As of 2018, it has become an annual art fair with a focus on the Pacific Rim region. It remains the only major art fair in New Zealand.</p> <p>Situated in The Cloud, a scenic setting on Queens Wharf in central Auckland, this location also limits its size to create an intimate, friendly, human-scale fair, unlike the vast expanses of the <a href="http://www.expochicago.com/">Chicago Art Fair</a> or even <a href="http://www.sydneycontemporary.com.au/">Sydney Contemporary</a> in the Carriageworks.</p> <p>The nuts and bolts of the Auckland Art Fair is that galleries from the Pacific Rim region can apply to exhibit and a curatorial committee of four curators, two from public galleries and two from commercial ones, select about 40 galleries for participation. The event, which is held over five days, attracts about 10,000 visitors and generates between $6-7 million in art sales.</p> <p>The fair costs about $1 million to stage with 90% of this sum raised from sponsorship, ticket sales and gallery fees and the rest a grant from Auckland Tourism, Events and Economic Development. The public pays an admission fee of between $25-30, depending on when they book.</p> <p>Art fairs are popular with local governments as they invariably attract people and businesses into the city. In Auckland Art Fair 2019, held in the first week in May, there were 41 galleries participating, almost 30 from various parts of NZ, the rest from Sydney, Melbourne, Hobart, Shanghai, Jakarta, Rarotonga (Cook Islands) and Santiago.</p> <p>According to Stephanie Post, a major purpose of the fair is to build a new art audience and, by extension, a new generation of art collectors. The fair is designed to fill the gap between the primary and secondary art markets. For this reason, there is a whole series of “projects” that generally promote new art, frequently by emerging artists, many currently without representation by a commercial art gallery. In 2019 there were ten of these non-commercial projects at the fair.</p> <p>These projects, for the past three art fairs, have been curated by Francis McWhannell, who now plans to step aside to be replaced by a new set of curatorial eyes. There are also various lectures, talks, panel discussions and related exhibitions. This year, most notably, there is “China Import Direct”, a curated cross-section of digital and video art from across China with some stunning and quite edgy material by Yuan Keru, Wang Newone and Lu Yang, amongst others.</p> <h2>A mixed bag</h2> <p>Predictably, art at the Auckland Art Fair 2019 is a mixed bag, but the stronger works do outnumber those that are best passed over in silence. In terms of sales, within the first couple of hours quite a number of the big-ticket items were sold, such as work by the Australians Patricia Piccinini and Dale Frank.</p> <p>Looking around this year’s fair, some of the highlights included Seraphine Pick at Michael Lett; Robert Ellis at Bowerbank Ninow; Max Gimblett at Gow Longsford Gallery; Anne Wallace and Juan Davila at Kalli Rolfe; Christine Webster at Trish Clark; Daniel Unverricht and Richard Lewer at Suite, Toss Woollaston at Page Blackie Gallery, Dame Robin White and Gretchen Albrecht at Two Rooms; Robyn Kahukiwa at Warwick Henderson Gallery; Geoff Thornley at Fox Jensen McCrory; Simon Kaan at Sanderson; James Ormsby at Paulnache and Kai Wasikowski at the Michael Bugelli Gallery.</p> <p>This selective list of names, to which many others can be added, indicates something of the spread and diversity of the artists being presented at the fair – not only in style and medium, but in the whole range of languages of visualisation and conceptualisation. Although there are a few deceased artists included, like Mirdidingkingathi Juwarnda Sally Gabori and Colin McCahon (neither represented by a particularly strong work), like most art fairs there is a predominance of well-established blue chip artists, a scattering of art market darlings plus a few unexpected newcomers.</p> <p>A criticism of art fairs is that they are an expensive market place with high overhead costs, which discourage too much experimentation with “untested” emerging artists. Despite the welcome initiatives of the “projects”, Auckland in this respect falls into line with the pattern of most fairs.</p> <p>The oft-repeated claim that they create a new art audience is also difficult to quantify. Although anecdotal evidence suggests that many who go to fairs may not have ever entered a commercial art gallery before, this does not appear to be followed up by a conversion of this audience into regular gallery goers.</p> <h2>A spectacle</h2> <p>Art fairs and blockbuster exhibitions in public art galleries have become popular people magnet events. They are a form of entertainment that is becoming more of a surrogate for consuming art than some sort of conduit for a return to more traditional patterns of art appreciation and acquisition. They are noisy, crowded and colourful spectacles – more like a party than a quiet arena for the contemplation of art.</p> <p>Is this such a bad thing? Observing the spectacle in Auckland, I was struck by the youthfulness of the thousands of visitors. For many, it seemed the idea that they could afford to purchase an original artwork came as a revelation. Perhaps this was not a $100,000 painting by a major artist, but something more modest and frequently more to their tastes. Nevertheless, new buyers are being introduced to original art and this in itself has to be a positive development.</p> <p>Art fairs globally are breeding a cult of dependency with some “commercial” art galleries increasingly divesting themselves of a physical existence and living from fair to fair. For a while, this was a complete no-no and fairs insisted that participant galleries had a bricks-and-mortar existence, but in many instances the borders are fudged and to be a gallery you need only be an established art trading entity.</p> <p>Art fairs are here to stay; the future of commercial art galleries is far more problematic.</p> <p><em>Image credit: Getty Images</em></p> <p><em>This article first appeared on <a rel="noopener" href="https://theconversation.com/with-commercial-galleries-an-endangered-species-are-art-fairs-a-necessary-evil-116680" target="_blank">The Conversation</a>. </em></p>

Art

Placeholder Content Image

Mum told not to breastfeed near shopping centre's "high-end" stores

<p>A Gold Coast shopping centre says it will re-train staff after a mother claims she was told not to breastfeed her newborn outside luxury stores such as Louis Vuitton and Gucci.</p> <p>The mother-of-two said the encounter with a member of the Pacific Fair concierge team took place at the weekend after she declined offers to use the centre's facilities.</p> <p>Pacific Fair Shopping Centre claims the incident was a "misinterpretation" but apologised and promised to re-educate staff on its policies.</p> <p>A peak body for breastfeeding says incidents such as this highlight the need for training and "breastfeeding-friendly environments", and for mothers to know their rights.</p> <p>On Saturday, Gold Coast mother-of-two Shannon Laverty said she was visiting Pacific Fair Shopping Centre with her three-week-old son Shep when she stopped at some seats to breastfeed.</p> <p>"I sat down on the public lounge area in front of the concierge desk and when my son was latched on my breast, this woman came running over," she said.</p> <p>"She said, 'Excuse me, you know there's a facility for that?'</p> <p>"She added, 'For your information, there's a facility you can change the baby's nappy, there's also hot water and milk powder so you don't need to use your body'.</p> <p>"My jaw just dropped, and I said, 'I'm fine here".</p> <p>Ms Laverty said when she declined the woman's offer to the facility provided the staff mentioned that she was seated in the "high end" section of the shopping centre.</p> <p>"She said, 'Well if you're not going to use the facility, I'm going to ask you to move on from here because, as you can see, there are stores like Louis Vuitton and Gucci, so you'll have to breastfeed somewhere else'," Ms Laverty said.</p> <p>"And I just said, 'I'm fine here thanks,' and just smiled and kept breastfeeding. It took me three times of saying no for her to walk away."</p> <p>Ms Laverty said the incident left her feeling overwhelmed as she recounted the incident on social media.</p> <p>Her posts were met with an outpouring of support from mothers around the country.</p> <p>Meanwhile, Pacific Fair Shopping Centre said it was sorry to hear about Ms Laverty's experience at the centre but maintained the incident was a "misinterpretation".</p> <p>In a statement the spokesperson said that it "has always been our policy that mothers are free to breastfeed anywhere at Pacific Fair".</p> <p>"Unfortunately while a member of staff was attempting to explain the various options available at the centre, there may have been a misinterpretation which caused offence to the customer," the spokesperson said.</p> <p>"(She) was never required to move on whilst feeding."</p> <p>The spokesperson said the centre was "truly sorry" for the incident, which "doesn't meet our standards of customer care", and it would be undertaking additional training with all of its staff to "re-educate them on its policies".</p> <p>"Pacific Fair immediately offered direct apologies to the customer from both senior customer service staff as well as senior centre management," the spokesperson said.</p> <p>"Pacific Fair is also grateful for the opportunity to reaffirm our position that breastfeeding mothers are welcome to breastfeed wherever they are most comfortable."</p> <p> </p>

Family & Pets

Placeholder Content Image

"Just not fair": Ejected SCG fan denies racial abuse from stands

<p>A cricket fan removed from the SCG on Sunday has spoken out in defence of the actions of fellow spectators.</p> <p>Cricket Australia and NSW Police have launched an investigation into alleged racial abuse from members of the SCG crowd against Indian players on the third and fourth days of the Sydney Test.</p> <p>On Sunday, Cricket Australia vowed to thoroughly investigate allegations of misbehaviour from the crowd, after two days of drama took away the attention from the close contest occurring on the field.</p> <p>The Indian team made an official complaint of racism after day three of the Test, and play was stopped for eight minutes after claims of more alleged abuse on day four.</p> <p>At least seven people from the crowd were asked to leave after Mohammed Siraj alerted teammates, to which the umpire then passed on the message to security and police.</p> <p>The Indian team claimed the crowd once again racially abused Siraj, but one of the men who was ejected has since spoken out to deny all of the allegations.</p> <blockquote class="twitter-tweet"> <p dir="ltr">Witnesses insist there was no racist sledging at the <a href="https://twitter.com/scg?ref_src=twsrc%5Etfw">@SCG</a> yesterday and claim the accused spectators are the real victims. New video emerging on social media is only adding to the confusion. <a href="https://t.co/VsVpSNpKLZ">https://t.co/VsVpSNpKLZ</a> <a href="https://twitter.com/hashtag/AUSvIND?src=hash&amp;ref_src=twsrc%5Etfw">#AUSvIND</a> <a href="https://twitter.com/hashtag/7NEWS?src=hash&amp;ref_src=twsrc%5Etfw">#7NEWS</a> <a href="https://t.co/ryRcYPuCtd">pic.twitter.com/ryRcYPuCtd</a></p> — 7NEWS Sydney (@7NewsSydney) <a href="https://twitter.com/7NewsSydney/status/1348535532750401536?ref_src=twsrc%5Etfw">January 11, 2021</a></blockquote> <p>A BCCI source told the<span> </span><em>Press Trust of India</em>: “Siraj was referred to as ‘Brown Dog’ and ’Big Monkey’,” while<span> </span><em>The Times of India</em><span> </span>reported that “Bumrah and Siraj were called monkeys, w**ker and motherf**ker.”</p> <p>But Prateik Kelkar, who was sitting close to the main group of fans that are currently under investigation, says Siraj was not racially abused.</p> <p>“He (Siraj) turned around, flipped them the finger and then walked off to tell the umpire that he was racially abused,” Kelkar told 7NEWS on Monday.</p> <p>“But there wasn’t a single racist word said ... I would’ve said something myself. I’ve experienced racism in Australia.”</p> <p>Kelkar said he was removed from the SCG after trying to defend his fellow spectators to police.</p> <p>“We wanted to speak up because we saw they were getting pulled out and it was just not fair,” he said.</p>

News

Placeholder Content Image

National anthem Advance Australia Fair changed to reflect Indigenous history

<p>Over 140 years after it was originally composed and performed, Advance Australia Fair is being updated once again in a move the Prime Minister says reflects a "spirit of unity".</p> <p>On January 1, the second line of the national anthem was changed to "For we are one and free" from "For we are young and free".</p> <p>governor-General David Hurley has agreed to the Commonwealth's recommendation to change the anthem for the first time since 1984.</p> <p>Scott Morrison made a statement, saying the change was made to represent all Australians.</p> <p>"During the past year we have showed once again the indomitable spirit of Australians and the united effort that has always enabled us to prevail as a nation," he said.</p> <p>"It is time to ensure this great unity is reflected more fully in our national anthem.</p> <p>"Also, while Australia as a modern nation may be relatively young, our country's story is ancient, as are the stories of the many First Nations peoples whose stewardship we rightly acknowledge and respect.</p> <p>"In the spirit of unity, it is only right that we ensure our national anthem reflects this truth and shared appreciation.</p> <p>"Changing 'young and free' to 'one and free' takes nothing away, but I believe it adds much."</p> <p>Composer Deborah Cheetham is a Yorta Yorta woman and says the change is long overdue.</p> <p>"It's an important acknowledgement. The word young has underestimated the lives that have lived on this continent for some millennia," the soprano and educator said.</p> <p>First Nations Foundation chairman and Yorta Yorta man Ian Hamm also welcomed the change, which was suggested last year by NSW Premier Gladys Berejiklian.</p> <p>"In terms of culture, society, and population, we go back 60,000 years. We're very definitely not young," he said.</p> <p>"We should regard ourselves as a nation that's bonded, as opposed to being divided, and we should recognise our Indigenous history as part of our Australian history.</p> <p>"'One and free' looks for what brings us together. It's actually a focal point for that discussion about who we are as a country.</p> <p>"I think it's a really good change."</p> <p>But Labor Wiradjuri woman Linda Burney said more needed to be done.</p> <p>"It flies in the face, of course, of the Government saying that they want to work with Aboriginal people, but the real issue is a constitutionally enshrined voice," she said.</p> <p>Advance Australia Fair was composed by Peter Dodds McCormick and first performed in 1878.</p>

Music

Placeholder Content Image

"Fair" solution to ALDI Specials Buys problem

<div class="post_body_wrapper"> <div class="post_body"> <div class="body_text "> <p>The chaos of the weekly Special Buys deals by ALDI are well-known by frequent shoppers as they try and get their hands on a bargain.</p> <p>With reports of pushing and shoving in aisles as well as people buying special buys in bulk before others can get their hands on them, a mum was shocked to see a "fair" system implemented at her local store.</p> <p>She praised the solution to ALDI's biggest problem.</p> <p>“I was very impressed with ALDI Seven Hills this morning. I arrived at 7:50 am to find approximately 25 people in front of me,” the NSW woman wrote in the <a rel="noopener" href="https://www.facebook.com/groups/1034012533313136/permalink/3193450564035978" target="_blank" class="_e75a791d-denali-editor-page-rtflink">ALDI Mums Facebook group</a>.</p> <p>“At around 8:15 a staff member came out and went down the line (in order) asking who wanted the Air Fryer.</p> <p>“He took everyone’s names and told us to line up near the registers and they would be handed out.”</p> <p>She thanked her store, saying: “Normally it’s a sh*t fight trying to get the specials, but today it was very civilised.”</p> <p>Despite ALDI having a nationwide policy of not limiting or restricting its weekly deals with customers, stores "do reserve the right to limit purchases to one per customer when they anticipate unusually high demand".</p> <p>Others were impressed and called on ALDI to introduce the system everywhere.</p> <p>“That’s amazing! Hopefully the other stores follow suit!” one said.</p> <p>“That is a great idea, all stores should do that,” another agreed.</p> <p>“Wow that’s so much better! And also fair,” someone else chipped in.</p> <p>The coronavirus pandemic has also thrown some spanners in the works as many try to social distance and get their hands on Special Buys.</p> <p>“It just seems like this style of shopping as it is, isn’t helping people social distance,” one mum wrote on Facebook recently, to much support.</p> </div> </div> </div>

Money & Banking

Placeholder Content Image

Not fair! Aldi shopper with huge Special Buys haul sparks fury

<p>A group of Aldi shoppers have slammed a man online after he bought a haul of Special Buys items in one go.</p> <p>As keen shoppers rushed to the store to get a $69.99 Stand Mixer when they hit the shelves, many walked away empty handed due to limited stock.</p> <p>However, an annoyed shopper who was disgruntled that they missed out took to Facebook to slam a man for buying six when they couldn’t even purchase one.</p> <p>She posted to the Aldi Mums Facebook page explaining the situation.</p> <p>“I went to Aldi this morning at 8.30 am to buy a stand mixer from Special Buys today,” she posted in the group.</p> <p>“I end up having nothing at 8.35 am because of this. Is it fair? As per ALDI staff, they can't put any limits on Special Buys. That guy ended up buying six of the stand mixers.”</p> <p>People in the group were quick to agree, saying that there should be a limit on how many you can purchase in one go.</p> <p>“Two is ok but not six, they should limit it,” one user wrote on the post.</p> <p>“Not fair at all. This always happens,” another user agreed.</p> <p>Some commenters were curious as to why he had bought so many.</p> <p>“And I bet he will sell them for more online. I hate people who do that,” one user commented.</p> <p>Others jumped to the defence of the man, saying he can purchase whatever he likes.</p> <p>“It's his business of why he had so many, not for the rest of Australia to judge,” one user wrote.</p> <p>“Maybe he's the nominated shopper for the street? Maybe he has a big family? Maybe we should mind our own business,” another commented.</p> <p>“Don't know who's worse… The guy with the trolley or the person taking the photo,” another added.</p>

Money & Banking

Placeholder Content Image

Peter Dutton weighs in on anthem word change

<p>Home Affairs Minister Peter Dutton has revealed he is not opposed to the idea of the national anthem being altered, however thinks Australians need to worried about more pressing, urgent matters.</p> <p>The minister has spoken out after news travelled that Australian sporting legend Cathy Freeman announced<span> </span><a rel="noopener noreferrer" href="https://www.oversixty.com.au/news/news/olympian-cathy-freeman-calls-for-change-to-australian-national-anthem" target="_blank">she supported a lyric being changed in the Advance Australia Fair to pay respect to Indigenous Australians.</a></p> <p>In the first verse, "we are young and free" would become "we are one and free".</p> <p>Minister Dutton told 2GB on Thursday that he was “not opposed” to the change “if that provides more comfort to people”.</p> <p>He went on to say Cathy Freeman has been one of the "greatest Australians" that has not received enough recognition for the work done helping indigenous kids in her post-sporting career.</p> <p>"I really think that should be recognised and I think her views should be respected," he said.</p> <p>Apart from the national anthem debate however, Dutton says he’d like to focus on improving the lives of indigenous children.</p> <p>"There are boys and girls who are being sexually assaulted in Aboriginal communities today," Mr Dutton said.</p> <p>He also took the opportunity on live radio to make a stab at the athletes and footy players who have refused to sing the national anthem.</p> <p>"It annoys me beyond description...I think it is an outrage," he said.</p> <p>"If you represent our country, you do so on the basis that you are proud and you sing the national anthem."</p> <p>Cathy Freeman first established a foundation in her name in 2007 to help indigenous children and their families.</p>

News

Placeholder Content Image

Olympian Cathy Freeman calls for change to Australian national anthem

<p>Olympic sportswoman Cathy Freeman has broken her long-held silence on the Australian national anthem debate by voicing her agreement with campaigners to change “disrespectful” lyrics.</p> <p>Freeman is part of a growing number of Australian sports stars who are rallying behind a movement to change a lyrics in Advance Australia Fair, out of respect to Indigenous people.</p> <blockquote style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" class="instagram-media" data-instgrm-permalink="https://www.instagram.com/p/B82boPJg2Iv/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="12"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"></div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"></div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"></div> </div> </div> <div style="padding: 19% 0;"></div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"></div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" rel="noopener" href="https://www.instagram.com/p/B82boPJg2Iv/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank">A post shared by Australian Indigenous Clothing (@ngali_australia)</a> on Feb 21, 2020 at 5:20pm PST</p> </div> </blockquote> <p>The song contains the words “we are young and free”.</p> <p>Indigenous Australians are objecting to the word “young” because they have been on the land for thousands of years. </p> <p>Campaigners are calling for the words to be changed to “one and free”.</p> <p>Victorian Supreme Court judge Peter Vickery QC founded the Recognition in Anthem Project to change the words.</p> <p>And on Tuesday Freeman publicly announced her support behind the project, telling<span> </span><em><a rel="noopener noreferrer" href="https://www.theaustralian.com.au/nation/cathy-freeman-backs-move-to-alter-national-anthems-lyrics/news-story/c08e8bae6a6f37c073470aabd243409a" target="_blank">The Australian:</a><span> </span></em>“I agree with Peter Vickery that the national anthem doesn't acknowledge indigenous existence in Australia.”</p> <blockquote style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" class="instagram-media" data-instgrm-permalink="https://www.instagram.com/p/B8Neeisg_kN/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="12"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"></div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"></div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"></div> </div> </div> <div style="padding: 19% 0;"></div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"></div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" rel="noopener" href="https://www.instagram.com/p/B8Neeisg_kN/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank">A post shared by Trackwired (@trackwired)</a> on Feb 5, 2020 at 7:36pm PST</p> </div> </blockquote> <p>Several indigenous NRL players, including Cody Walker, Josh Addo-Carr and Will Chambers, refused to sing the anthem before State of Origin last year in an act of protest.</p> <p>Advance Australia Fair was chosen in a 1977 plebiscite by just over 8.4 million voters who chose the song over God Save the Queen, Waltzing Matilda and Song of Australia. </p> <p>The song was composed by Scottish-born Peter Dodds McCormick who first performed it in 1878 and was sung in Australia as a patriotic song.</p> <p>Later it was used at the start of official functions and the ABC used the melody to announce its news bulletins until 1952.</p> <blockquote style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" class="instagram-media" data-instgrm-permalink="https://www.instagram.com/p/B20-xVggeb_/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="12"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"></div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"></div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"></div> </div> </div> <div style="padding: 19% 0;"></div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"></div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" rel="noopener" href="https://www.instagram.com/p/B20-xVggeb_/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank">A post shared by Jackets With A Voice (@ginnysgirlgang)</a> on Sep 25, 2019 at 1:40am PDT</p> </div> </blockquote> <p>Cathy Freeman first made her mark on a national scale when she became the first Indigenous Australian person to become a Commonwealth Games champion at just 16-years-old in 1990.</p> <p>Ten years later she won gold in the 400m at the Sydney Olympics.  <span> </span> <span> </span></p>

News

Placeholder Content Image

What is the place of the performing arts fair in the age of the internet?

<p><em>Review: Platform Papers 62: Performing Arts Markets and their Conundrums, by Justin Macdonnell (Currency Press)</em></p> <p>The performing arts may be a public good that serve to enrich Australia’s cultural imagination, but they are also a product competing for audience share and government, corporate and private support.</p> <p>Established in 1994, the <a href="https://apam.org.au/">Australian Performing Arts Market (APAM)</a> has aimed to facilitate one aspect of this “arts market” by hosting biennial trade fairs that connect national and international producers and programming venues.</p> <p>From 2020, APAM will move from hosting these biennial conferences to “<a href="https://www.australiacouncil.gov.au/international/australian-performing-arts-market-apam/">gatherings</a>”, dividing its promotional activity across existing arts events such as Darwin Festival and Melbourne’s AsiaTOPA.</p> <p>Author Justin Macdonnell brings a commanding insider’s perspective to the topic. He has worked in and around touring arts companies for several decades, and is currently executive director of arts industry advocacy organisation <a href="http://www.anzarts-institute.com/index.htm">Anzarts</a>.</p> <p>Noting APAM’s new model might lessen the intensity and impact of its work – especially given that overseas producers are unlikely to make multiple excursions to Australia a year – Macdonell asks whether the arts fair has outlived its usefulness.</p> <p>This might seem at best an issue of marginal concern to people who work outside the performing arts industry. However, Macdonell argues the current system has led not so much to “good art” but “convenient art” being promoted to Australian audiences.</p> <p>Given the significant role that public funding and public bodies such as the <a href="https://www.australiacouncil.gov.au/">Australia Council</a> play in supporting the performing arts and arts venues, his question deserves wider attention.</p> <p>Frustratingly (but, no doubt, diplomatically), Macdonnell does not offer concrete examples of “convenient art”. He nevertheless argues that the “dominating presence of state and federal agencies” in the Australian arts market has led to the stifling of independent arts managers and small-scale producers, and also of innovative and risky projects.</p> <p>It is time we asked, he suggests, whether an arts fair is necessary, let alone desirable, in today’s digitally empowered, globalised marketplace.</p> <p><strong>An online world</strong></p> <p>Macdonnell notes trade fairs are at odds with calls to curb air travel due to its <a href="https://theconversation.com/sustainable-shopping-is-it-possible-to-fly-sustainably-88636">environmental impact</a>.</p> <p>He also wonders if touring itself is so desirable or necessary in the age of YouTube and teleconferencing:</p> <p><em>This is not to say that these means have replaced seeing a work or meeting the artist in person. In all probability, they never will. But they have revolutionalised access to knowledge of the work and are creating and maintaining contact about it.</em></p> <p>In this digitally enabled market, companies and individual artists can also now bypass the traditional arts brokers and gatekeepers such as arts agencies, or indeed APAM itself, and promote themselves directly to producers.</p> <p>APAM, he further observes, has “never has been the practitioner’s market”, rather it has “come to be about just one part of the industry (non-profit)”. Presenters and producers might attend to seek out new and innovative work, but they are not given a comprehensive overview of what might actually be available.</p> <p><strong>Left unsaid</strong></p> <p>Although Macdonnell does not explore this, such institutionalised impediments to free choice may help explain the growing trend towards <a href="http://doi.org/10.1016/j.tourman.2005.06.002">homogenisation</a> in major arts programming across the developed world.</p> <p>Artistic directors of major performing arts festivals, in particular, can appear impregnable to pitches from outside established promotional routes.</p> <p>But if, as Macdonnell notes, “anyone, anywhere in the world at any time can now see the newest show on YouTube”, why would we seek to rely on the filter of agents or industry bodies to select what we will see or hear?</p> <p>The potential for market distortion under the current system can be made worse by horsetrading behind the scenes. The most powerful artist agencies routinely leverage access to their most profitable performers or productions to make hiring companies and venues take on other acts they represent, with little regard for local circumstances.</p> <p>To my mind, the major buyers in the arts marketplace – artistic directors, festivals and venues – should be specifically resourced and encouraged to look for acts outside these existing industry networks.</p> <p>Wesley Enoch’s provocative 2014 Platform Paper, <a href="https://currencyhouse.org.au/node/42">Take Me To Your Leader</a>, however, suggested we lack this kind of cultural leadership across the Australian performing arts:</p> <p><em>With the growth of government-led cultural leadership we have seen the voices of the mob, the dissenters and the opposition slowly becoming tamed and included in a sort of official culture […] Government champions the arts more these days than artists do.</em></p> <p>Enoch asked whether those who run subsidised organisations might be brave enough to bite the hand that feeds them.</p> <p>Macdonnell refrains from concluding his platform paper with similarly provocative statements.</p> <p>But he has done a useful service to both the arts industry and the wider Australian public by asking us to consider whether there might be better ways for our major performing arts institutions to seek out, and promote, their wares.</p> <p><em>Written by Peter Tregear. Republished with permission of <a href="https://theconversation.com/what-is-the-place-of-the-performing-arts-fair-in-the-age-of-the-internet-130542">The Conversation.</a></em></p>

Art

Placeholder Content Image

Juries need to be told how they're allowed to use the internet to ensure fair trials

<p><span><a href="https://theconversation.com/profiles/jemma-holt-940717">Jemma Holt</a>, <em><a href="https://theconversation.com/institutions/university-of-tasmania-888">University of Tasmania</a></em> and <a href="https://theconversation.com/profiles/brendan-gogarty-146584">Brendan Gogarty</a>, <em><a href="https://theconversation.com/institutions/university-of-tasmania-888">University of Tasmania</a></em></span></p> <p>Juries are supposed to consider evidence without influence or bias from the outside world. However, the <a href="https://www.consultancy.com.au/news/616/9-out-of-10-australian-citizens-now-own-a-smartphone">widespread access to and use of the internet and social media</a> threatens to undermine this, with significant consequences for our criminal justice system and those within it.</p> <p>Given courts cannot effectively police smart-phone use they must adapt to it. This week the <a href="https://www.utas.edu.au/law-reform">Tasmania Law Reform Institute</a> completed its <a href="https://cdn.theconversation.com/static_files/files/842/Jurors_and_Social_Media_FR_A4_04_secure.pdf?1579503016">year long inquiry</a> into courts and the information age, and has recommendations as to how they can adapt.</p> <div class="embed-responsive embed-responsive-16by9"><iframe class="embed-responsive-item" src="https://www.youtube.com/embed/RxmrZ7y9cwg"></iframe></div> <div class="embed-responsive embed-responsive-16by9"><strong>The right to a fair &amp; unbiased trial by your peers</strong></div> <p>An accused person’s right to a fair trial is the most fundamental principle of our criminal justice system. It is a phrase that describes a system that affords an accused person many protections. That system relies on jurors being impartial and returning a verdict that is based solely on the evidence that is presented within the courtroom.</p> <p>In the past this was readily easy to achieve. Juror communications during trial hours and even after them could be controlled. News about the trial was generally a local affair, and even when it attracted national attention, the journalists needed to be in the court’s jurisdiction to report, so they and their employers were subject to the court’s authority.</p> <p>The shift in the way people access news, information and communications in the modern age has changed this reality.</p> <p>Almost every Australian has access to the internet via their smartphone or other devices, social media use is habitual among much of our population, and the internet is a ubiquitous source of information for most people.</p> <p>Jurors are no different – in fact, they represent the wider Australian community these statistics describe. While jurors’ smart phones are removed from them during trial, they cannot be before or after the trial period, nor at the beginning or end of the day. As a result jurors may intentionally, or simply by habit seek out or communicate information about the trial.</p> <p><strong>Use and misuse of social media</strong></p> <p>Between 2018 and 2020 the Tasmanian Law Reform Institute conducted an inquiry into juror misuse of the internet and social media during trials. The institute concluded there is likely to be a high, but unquantifiable and undetectable level of misuse.</p> <p>However, there is evidence across Australian jurisdictions that jurors have used their internet connected devices to:</p> <ul> <li> <p>research legal terms or concepts or other information relevant to the trial. A West Australian juror in a drug-related trial obtained information online about <a href="https://www.watoday.com.au/national/western-australia/calls-to-overhaul-wa-jury-system-after-juror-dismissed-for-facebook-post-20161012-gs0wwa.html">methylamphetamine production</a></p> </li> <li> <p>research the accused, witnesses, victims, lawyers or the judge. Two South Australian jurors sitting in a blackmail trial against multiple defendants conducted online searches about the accused which disclosed <a href="https://www.abc.net.au/news/2016-06-22/jurors-fined-for-contempt-of-court/7533472">past outlaw motorcycle gang affiliations</a></p> </li> <li> <p>communicate with people involved in the trial. Multiple New South Wales jurors on a long-running fraud trial <a href="https://www.dailytelegraph.com.au/jury-getting-off-their-facebooks/news-story/26e2549a7d9063ae9dae0e2a27683dce">became Facebook friends</a>, sharing posts such as a digitally altered photo of one of the jurors wearing a judge’s wig</p> </li> <li> <p>publish material about the trial on the internet or social media. A NSW juror sitting in a sexual offending trial posted on Facebook <a href="https://www.smh.com.au/national/nsw/facebook-post-sparks-probe-into-jury-conduct-in-sex-crime-trial-20190414-p51dz4.html">the day before the guilty verdict was returned</a>: “When a dog attacks a child it is put down. Shouldn’t we do the same with sex predators?” This post was accompanied with a photograph that showed images of rooms and implements by which lawful executions are carried out.</p> </li> </ul> <p>Misuse is under-reported. In those few instance where reports are made, fellow jurors, rather than court officers, tend to be the ones who raise the issue. Indeed, it is an important part of their role.</p> <p>While jurors across Australia are currently told not to conduct online research, wilful disobedience is only part of the problem. It can also involve unintentional acts by jurors who believe they are doing the right thing.</p> <p>For instance, jurors accessing online news, entertainment or social media sites can be passively influenced by information relevant to the trial. Jurors often misunderstand their role and conduct independent research in the genuine belief their actions are in the pursuit of “fairness” or discovering the truth.</p> <p><strong>Educate, inform &amp; encourage self-regulation</strong></p> <p>The law reform institute ultimately concluded it is impossible for, and beyond the capacity of courts to completely police juror internet use. It has thus recommended not reforming the law, but rather strengthening and standardising juror education and directions. These recommendations are divided across two stages of jury selection, as part of an overall strategy:</p> <ul> <li> <p>pre-selection: prospective jurors should receive improved training and information about the role of the juror and the risks of internet use</p> </li> <li> <p>post-selection: once a jury has been selected, judges need to explain to jurors what dangers arise from using the internet to access and publish on social media, seeking information about the case, parties, court officers, lawyers, and self-conducted research into legal concepts or sentences. The report has recommended the court adopt minimum standard directions, but also have the flexibility to make specific directions relevant to any particular trial.</p> </li> </ul> <p>The report recommended certain current practices and laws should remain unchanged, including:</p> <ul> <li> <p>removing phones from jurors while they are in court (even though the effect is limited it avoids juror distraction)</p> </li> <li> <p>leaving contempt (punishment) laws in place for those jurors who intentionally ignore court training and directions. That might include monetary fines and, in severe cases, imprisonment.</p> </li> </ul> <p>This process is aimed at encouraging self-regulation among jurors, by educating them how to curtail their internet use and why it’s so important.</p> <p><em><a href="https://theconversation.com/profiles/jemma-holt-940717">Jemma Holt</a>, Research Fellow/ Acting Executive Officer (Research), Tasmania Law Reform Institute, <a href="https://theconversation.com/institutions/university-of-tasmania-888">University of Tasmania</a> and <a href="https://theconversation.com/profiles/brendan-gogarty-146584">Brendan Gogarty</a>, Senior Lecturer / Clinical Director / Director (Acting) Tas Law Reform Institue, <a href="https://theconversation.com/institutions/university-of-tasmania-888">University of Tasmania</a></em></p> <p><em>This article is republished from <a href="http://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/juries-need-to-be-told-how-theyre-allowed-to-use-the-internet-to-ensure-fair-trials-130127">original article</a>.</em></p>

Technology

Our Partners