School of Historical and Philosophical Studies - Theses
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ItemNeither bad nor mad : the competing discourses of psychiatry, law and politics( 1999)Garry David's dramatic threats of violence against individuals and the community, as well as his acts of gross self-mutilation, set in train a discourse between psychiatry, the law and politics, which focused on the place of the severely personality-disordered in the institutional context. The Victorian Labor Government's determination to detain him in custody, in the absence of either criminality or a legally-defined mental illness, tested the way in which the historically uncertain boundary between 'madness and 'badness' is drawn, as well as the differences between the concept of a mental illness and a mental disorder. It is argued that Garry shared many of the characteristics of other personality-disordered prisoners', who are ultimately released and, therefore, the reasons for his preventive detention and singular actions of the Government need to be understood, especially in the light of the social justice strategies, which had enhanced the rights of mentally disordered offenders by limiting their detention in custody. A major theme explores why he was singled out, and the significance of the Government's decision to proceed with the implementation of 'one-person' legislation, which was clumsily drafted, out of step with fundamental legal principles, and came dangerously close to making him a martyr through the exercise of powers of attainder. A sub-theme considers the interaction between psychiatry and the law, particularly in the courtroom, and the different way in which each discipline constructs its response to the same problem. It was concluded that the state's unusual action was triggered by the coalescence of a number of factors, rather than any clear demonstration of Garry David's propensity for dangerousness, apart from his sel-mutilation. Of particular importance were: the arousal of intuitive fears about dangerous persons in the wake of some recent multiple killings; the Government's need to reaffirm its support for the Victoria Police; the influence of structural changes within forensic psychiatry; and finally, the way in which Garry's dramatic and articulate threats were intensified by his ability to violate his own body and by his unusual tenacity in resisting carceral pressure. The legacy of Garry David was three fold: more general preventive detention legislation was implemented under the provisions of the Sentencing Act 1991 (Vic); a niche was created for the treatment of some of the more severely personality-disordered; and the High. Court of Australia rejected singular legislation for dangerous persons. This case is a palpable demonstration of the need to safeguard the traditional distinction between the Executive and Judiciary, and it points to the inadvisability of governments directly intervening in professional areas of decision-making.
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ItemThe provision of hospital care in country Victoria 1840's to 1940s( 1999)Many hospital histories have been written whose authors have usually made exaggerated claims about the significance of individual hospitals. This narrow approach fails to take into account the influences of ideological and economic changes such as the rise of the Labour movement between 1890 and 1915, the erosion of the charitable ideal, the secularisation of Australian society and the increased acceptance of certain welfare provisions as a right rather than a privilege. This results in some misconceptions and a blinkered view of hospital development. A comparative analysis of how country hospitals were administered during this early founding period is important because it reveals that prior to 1862, three categories of hospitals were established, namely, working men's hospitals, custodial or hospital/benevolent institutions and semi-voluntary hospitals. All were controlled by hospital committees dominated by lay community leaders. Country hospitals provided an important focus for small communities with hospital committees defending their independence and resisting attempts by central authorities to wrest administrative control from them. The control exerted by an increasingly centralist State government over hospitals in country Victoria (heavily influenced by the medical profession), hindered their development to a greater degree than those in metropolitan areas. The mechanisms for achieving this were the enforcement of the Appropriation Acts from 1862 and the rigid implementation of the 1923 Hospital and Charities Act. Both of these kept hospitals tied to the voluntary/philanthropic model (or semi-voluntary model because charities received significant funding from the state) until the 1930s thereby delaying the establishment of more viable community hospitals. After the early 1930s, a transition from charities to community hospitals occurred. A major source of their concern was the already inequitable levels of funding compared to metropolitan hospitals. This inequity meant that Hospital Committees spent much time raising funds through enlisting subscribers, fund-raising and soliciting bequests. Their first collective action was the formation of the Country Hospitals Association in 1918. The number of charitable hospitals in country Victoria grew rapidly from fourteen in 1859 to thirty-four in 1891 and sixty-one in 1923. In that year there were also 476 private hospitals, which prior to the 1890s were little more than nursing homes. Whilst the Charities Board sought to control the spread of public hospitals, hospitals established by the Bush Nursing Association proliferated outside their control, leading to conflict between the Board and the Association. Funding for public hospitals dropped significantly between the 1890s and 1930s. At the same time there was an increase in the demand for beds in public hospitals by the lower middle classes who found private hospital costs prohibitive and wanted the higher standard of care provided in public hospital facilities. An increased dependence on medical technology led to an urgent need for the upgrading of Victorian country hospitals' technologically obsolete equipment. Additionally, Victorian hospitals were heavily influenced by North American views on efficiency and standardisation. Finally, the impetus to improve hospitals came in the 1930s when unemployment relief funds and a gambling tax levy subsidised new hospital facilities.
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ItemShadows on the landscape: memorial aspects of the Great Ocean Road( 1999)Victoria's commemorative landscape is made up of a series of natural and constructed features comprising roads, bridges, memorial sculptures, avenues of honour, coastal fortifications and military memorabilia, yet their memorializing function is largely unrecognized by the general population. Some of these memorials have been linked with the scenic landscape and have become privileged as tourist sites. Their original meanings, however, have been blurred by twentieth century progress. This thesis examines one component of Australia's memorial landscape, the Great Ocean Road in South West Victoria, and questions whether there is a parallel between the Western concept of a memorial landscape and the notions of spirituality in the land which are a primary component of the belief structure of indigenous peoples. This leads to an examination of the local geographical landscape in relation to Aboriginal massacre sites, and a questioning of the congruence between such sites and the now memorialized battlefields of World War 1. Chapter One deals with the history of the Great Ocean Road and traces its development and construction from 1916 to 1932. Chapter Two examines the place of the Great Ocean Road in the overall scheme of post World War 1 memorialization, and questions why its original function has been so little recognized by the community. Chapter Three looks at the complex relationships between the physical and spiritual elements of the land as perceived by Aboriginal culture, investigates the Aboriginal massacre sites within close proximity to the Great Ocean Road, and questions why no memorials have been raised to Aborigines who died defending their land. The theoretical base of the thesis is supported by the notion that landscape is socially and culturally determined, and that place can be invested with spiritual potency. Finally, it is argued that for a place to retain its spiritual strength, regardless of the culture, the spiritual content must be recognized, ritualized and constantly refreshed within the culture.