Publications

Anthony, T & Sanson, M 2014, Connecting with Law, 3rd, Oxford University Press, Melbourne.

Barendt, E., Bosland, J., Craufurd Smith, R. & Hitchens, L.P. 2014, Media Law: Text, Cases and Materials, Pearson Education Limited, Harlow, England.
View description>>

An insightful discussion of the fundamental principles of media law, along with critical commentary on the leading cases, statutory provisions and other materials vital to the study of this dynamic field governing virtually every form of mass communication from newspapers and radio broadcasting to television programming and video streaming online. Our expert author team delves into the important legal issues behind topics such as the regulation of the press, libel and privacy law, standards in advertising, ownership of media assets, and the application of competition law to the media, providing you with a thorough understanding of the practical implications of the law.

Bartlett, F, Luker, T, Douglas, H & Hunter, R 2014, Australian Feminist Judgments Project Righting and Re-Writing Law.
View description>>

This book brings together feminist academics, lawyers, and activists to present an impressive collection of alternative judgments in a series of Australian legal cases.

Feld, F, Hemming, A & Anthony, T 2014, Criminal Procedure in Australia, Lexis Nexis, Sydney.
View description>>

Key primary source for anyone with a scholarly interest in the workings of Australia’s justice system Criminal Procedure in Australia draws on the successful book Litigation II — Evidence and Criminal Process to create a fresh and innovative treatment of the subject. The book is unique in its breadth and depth of coverage of the criminal procedural laws across Australia. It provides a unified and comprehensive analysis of the law relating to policing, criminal prosecutions, pre-trial and trial issues, sentencing and criminal appeals. In addition, the book examines the extensive Commonwealth and state legislation and case law in the fields of police investigation and Crown prosecutor’s powers and duties across all jurisdictions. Anyone with a scholarly interest in the workings of Australia’s justice system will find this book a key primary source, appreciating the book’s coverage of criminal procedure, supported by a commentary that embraces a contextualised and critical approach to legal doctrine.

Goldblatt, B. & Lamarche, L. 2014, Women's Rights to Social Security and Social Protection, Hart Pub Limited.
View description>>

From a women's rights perspective, this collection examines the human right to social security and social protection.

Grossi, R 2014, Looking for Love in the Legal Discourse of Marriage, ANU Press, Canberra.

Hitchens, L.P. 2014, Media Law in Australia, Wolters Kluwer, The Netherlands.
View description>>

Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Australia surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.

Libesman, T 2014, Decolonising Indigenous Child Welfare- Comparative Perspectives, 1, Routledge, Oxford and New York.
View/Download from: UTS OPUS
View description>>

Decolonsing Indigenous child welfare reflects on how comparative and international understandings of Indigenous childrens rights, with particular reference to the right to self- determination, have and could further influence child welfare frameworks in Australia and comparatively in Canada, the USA and New Zealand. Indigenous peoples have responded both nationally and internationally with claims to participate in and exercise jurisdiction over their childrens welfare and well- being. Decolonising Indigenous child welfare considers whether pluralized and inclusive, compared to universal and standard setting, conceptualizations of human rights can be part of a process for transforming political relationships in a manner which responds to Indigenous childrens needs in more just and effective ways.

Varnham, S 2014, LexisNexis Concise Legal Dictionary, 5th, LexisNexis, Australia.
View/Download from: UTS OPUS
View description>>

Revision of 49 terms relating to Law and Education - approximately 3 pages worth (throughout the dictionary)

Witzleb, N, Lindsay, D, Paterson, M & Rodrick, S 2014, Emerging Challenges in Privacy Law: Comparative Perspectives, Cambridge University Press, Cambridge UK.
View/Download from: Publisher's site
View description>>

This collection of essays explores current developments in privacy law, including reform of data protection laws, privacy and the media, social control and surveillance, privacy and the Internet, and privacy and the courts. It places these developments into a broader international context, with a particular focus on the European Union, the United Kingdom, Australia and New Zealand. Adopting a comparative approach, it creates an important resource for understanding international trends in the reform of privacy and data protection laws across a variety of contexts. Written by internationally recognised experts, Emerging Challenges in Privacy Law: Comparative Perspectives provides an accessible introduction to contemporary legal and policy debates in privacy and data protection law. It is essential reading for academics, policy makers and practitioners interested in current challenges facing privacy and data protection law in Europe and in the common law world.

Alexander, IJ & Crofts, P 2014, 'Taikato v R [1996] HCA 28 Judgment' in Douglas, H, Bartlett, F & Hunter, R (eds), Australian Feminist Judgments: Righting and Rewriting Law, Hart Publishing, Oxford and Portland, Oregon, pp. 250-256.

Anthony, T 2014, 'Criminal Justice Issues' in Behrendt, L (ed), The Laws of Australia: Aborigines and Torres Strait Islanders, Thomson Reuters.

Anthony, T 2014, 'In the matter of Djappari (Re Tuckiar) [2035] FNCA 1: Commentary' in Douglas, R. (ed), Australian Feminist Judgments: Righting and Rewriting Law, Hart Publishing, Oxford, pp. 437-441.

Arbel, E, Dauvergne, C & Millbank, J 2014, 'Introduction' in Gender in refugee law - from the margins to the centre, Routledge, UK, pp. 1-16.

Biber, K 2014, 'RPS v R [2000] HCA 3 Commentary' in Douglas, H, Bartlett, F, Luker, T & Hunter, R (eds), Australian Feminist Judgments: Righting and Rewriting the Law, Hart Publishing, Oxford, pp. 275-278.

Briskman, L & Libesman, T 2014, 'Indigenous Australians: De-colonisation or re-colonisation? Contemporary social work and indigenous australians' in Simon, R & Andrew, D (eds), Social Work in the Shadow of the Law, The Federation Press, Sydney, pp. 213-232.
View description>>

Laws have a cumulative and pervasive impact on the lives of individuals and communities. Drawing on the examples of `the stolen generations, the child protection and criminal justice systems, this chapter explains how legal and policy provisions have failed to provide effective solutions to the problems faced by Indigenous peoples and have contributed to cumulative disadvantage. It is suggested that it is important to re-frame social work as a rights-based profession and to identify ways in which social workers can engage in practice that enables Indigenous Australians to participate fully in society while recognising their cultures, aspirations and the impact that history has had.

Crofts, P 2014, 'Criminal Law' in Cody, A, Ross, N & Walden, S (eds), The Law Handbook, Redfern Legal Centre Publishing, pp. 507-526.

Crofts, P & Prior, J 2014, 'Regulation of the Sex Industry: Assumptions of Offence, Awareness and Impacts on Safety and Amenity' in Sagade, J, Jivan, V & Forster, C (eds), Feminism in the Subcontinent and Beyond, Eastern Book Company, Lucknow, pp. 383-398.
View/Download from: UTS OPUS

Dorsett, S.G. & McLaren, J. 2014, 'Laws, Engagements and Legacies: The Legal Histories of the British Empire - an introduction' in Dorsett, S. & McLaren, J. (eds), Legal Histories of the British Empire: Laws, Engagements and Legacies, Routledge, London, pp. 1-12.

Dorsett, SG 2014, 'Travelling Laws: Burton and the Draft Act for the Protection and Amelioration of the Aborigines 1838 (NSW)' in Dorsett, S & McLaren, J (eds), Legal Histories of the British Empire: Laws, Engagements and Legacies, Routledge, London, pp. 171-186.
View/Download from: UTS OPUS

Goldblatt, BA 2014, 'Introduction: Interpreting and Advancing Women's Rights to Social Security and Social Protection' in Goldblatt, BA (ed), Women's Rights to Social Security and Social Protection, Hart, Oxford and Portland, Oregon, pp. 1-15.

Goldblatt, BA 2014, 'Testing Women's Right to Social Security in Australia: A Poor Score' in Goldblatt, B & Lamarche, L (eds), Women's Rights to Social Security and Social Protection, Hart Publishing, Oxford and Portland, Oregon, pp. 263-285.
View/Download from: UTS OPUS
View description>>

From a women's rights perspective, this collection examines the human right to social security and social protection.

Goldblatt, BA & Rosa, S 2014, 'Social Security Rights: Campaigns and Courts' in Langford, M, Cousins, B, Dugard, J & Madlingozi, T (eds), Socio-Economic Rights in South Africa: Symbols or Substance?, Cambridge University Press, United States of America, pp. 253-274.
View/Download from: UTS OPUS
View description>>

Almost one third of the South African population (16 million people out of a total population of 50 million) benefitted from social assistance grants as at 30 September 2012 (South African Social Security Agency [SASSA], 2012). The social security system in South Africa has grown dramatically over the past decade and a half. It is considered by government and non-government sectors to be the most successful poverty alleviation programme in the country, given its wide reach and developmental impact on high levels of poverty and unemployment. This chapter tries to understand which strategies were most effective in ensuring that the government met and increased its obligations to realise the right to social security in South Africa’s Bill of Rights. The chapter suggests that litigation played an important role, in combination with advocacy and lobbying by civil society, to both pressure the government and support progressive elements within it to implement and expand the reach of the right to social security (through extending existing grants). Efforts to introduce new grants within anti-poverty campaigns and through lobbying and advocacy strategies were less successful in achieving realisable results, although they may have contributed to change in symbolic and political terms by raising awareness of socio-economic rights provisions and of the high levels of unmet needs in poor communities. These strategies are explored through four case studies. The chapter considers two successful efforts to extend social assistance grants: the Child Support Grant to all children up to the age of eighteen and the Old Age Pension to men between the ages of sixty and sixty-five. In contrast, the chapter explores two still unsuccessful efforts to secure the right to social security for people with chronic illnesses and for those members of the poor not encompassed within the social assistance net (the call for a chronic illness benefit and the campaign for a basic income grant [BIG]...

Haesler, A & Crofts, P 2014, ''Criminal Law' The Law Handbook', Redfern Legal Centre Publishing, Sydney, pp. 507-526.

Karpin, I & Millbank, J 2014, 'Regulation of assisted reproductive technology and surrogacy in Australia' in Eekelaar, J & George, R (eds), Routledge Handbook of Family Law and Policy, Routledge, Abingdon, UK, pp. 201-214.
View/Download from: UTS OPUS or Publisher's site

Karpin, IA 2014, 'The Economic Value of Human Relationships: Cattanach v Melchior Revisited' in Douglas, H, Bartlett, F, Luker, T & Hunter, R (eds), Australian Feminist Judgments Righting and Rewriting Law, Hart Publishing, Oxford, pp. 155-159.
View/Download from: UTS OPUS

Kirkby, D & Reiger, K 2014, 'A Design for Learning? A Case Study of the Hidden Costs of Curriculum and Organisational Change', AUSTRALIAN NATL UNIV, pp. 211-227.

Kirkby, DE & Reiger, K 2014, 'A design for learning?: ...the hidden costs of organisational change' in Thornton, M (ed), Through A Glass Darkly The Social Sciences Look at the Neoliberal University, The Australian National University, Australia, pp. 211-228.
View/Download from: UTS OPUS
View description>>

This collection of essays arose from a workshop held in Canberra in 2013 under the auspices of the Academy of Social Sciences in Australia to consider the impact of the encroachment of the market on public universities.

Lambert, H 2014, 'Causation in international protection from armed conflict' in Refuge from Inhumanity? War Refugees and International Humanitarian Law, pp. 57-78.
View/Download from: Publisher's site

Lambert, H 2014, 'Family Unity in Migration Law' in Research HANDBOOK on international law and migration, Edward Elgar, pp. 194-215.

Lambert, H 2014, 'Transnational law and refugee identity: The worldwide effect of European norms' in Refugee Protection and the Role of Law: Conflicting Identities, pp. 203-214.
View/Download from: Publisher's site

Leary, DK 2014, 'From hydrocarbons to psychrophiles: the 'scramble' for Antarctic and Arctic resources' in Stephens, T & VanderZwaag, DL (eds), Polar Oceans Governance in an era of environmental Change, Edward Elgar Publishing, Cheltenham U.K., pp. 125-145.
View/Download from: UTS OPUS

Leary, DK & Juniper, SK 2014, 'Addressing the Marine genetic resources issue: Is the debate heading in the wrong direction?' in Schofield, C, Lee, S & Kwon, MS (eds), The Limits of Maritime Jurisdiction, Martinus Nijhoff Publishers, Leiden, pp. 769-785.
View/Download from: UTS OPUS

Libesman, T 2014, 'Contemporary Stolen Generations: Human Rights Breaches Against Canadian First Nation's Children Challenged' in Sagade, J, Jivan, V & Forster, C (eds), Feminism in the Subcontinent and Beyond, Eastern Book Company, Lucknow, pp. 363-382.
View/Download from: UTS OPUS

Libesman, T 2014, 'Locating Moral Responsibility' in Libesman, T (ed), Decolonising Indigenous Child Welfare: Comparative Perspectives, Routledge, Oxon and NY, pp. 708-105.
View/Download from: UTS OPUS
View description>>

Case-based child welfare services, delivered by bureaucratic government departments and in empirical data do not provide good outcomes for Indigenous children and young people. Further, an individualised approach conceals the systemic factors which drive inequality and high levels of contact with child welfare systems in particular with respect to neglect. This chapter examines why decision making within bureaucratic child welfare departments does not attain good outcomes for Indigenous children and why a policy of self-determination, within a human rights framework, is likely to provide a better framework for decision-making. This chapter considers the relationship between modes of decision making and the exercise of moral agency by decision makers and why valid and legitimate decision with respect to Indigenous children's well being need to substantially include Indigenous experience in the decision making process. Consideration is given to the justification for separate Indigenous making bodies, which are implied in policies and processes of self-determination. These justifications are found in terms of a commitment to political equality, in the historical and practical experiences of Indigenous peoples, which distinguish them from other minority or majority groups, in the the rule of law. It is suggested that recognition of Indigenous identity, histories and perspectives in decision making with respect to Indigenous children and young people's well being will contribute not only to more just and effective outcomes for Indigenous families but also to a more dynamic and enlarged democracy for the broader community.

Lindsay, DF 2014, 'Franchises, Imaginary Worlds, Authorship and Fandom' in Bowrey, K & Handler, M (eds), Law and Creativity in the Age of the Entertainment Franchise, Cambridge University Press, Cambridge, pp. 52-74.
View/Download from: Publisher's site
View description>>

Covering law and practice in jurisdictions such as the UK, the EU, the USA, Australia, Spain and the Caribbean, this collection explores the 'fit' of intellectual property laws with specific franchises and tracks the way creators and ...

Lindsay, DF 2014, 'The Right to be Forgotten in European Data Protection Law' in Witzleb, N, Lindsay, D, Paterson, M & Rodrick, S (eds), Emerging Challenges in Privacy Law: Comparative Perspectives, Cambridge University Press, Cambridge, pp. 290-337.
View/Download from: Publisher's site

Lindsay, DF, Witzleb, N, Paterson, M & Rodrick, S 2014, 'An Overview of Emerging Challenges in Privacy Law: Comparative Perspectives' in Witzleb, N, Lindsay, D, Paterson, M & Rodrick, S (eds), Emerging Challenges in Privacy Law: Comparative Perspectives, Cambridge University Press, Cambridge UK, pp. 1-28.
View/Download from: Publisher's site
View description>>

This collection of essays explores current developments in privacy law, including reform of data protection laws, privacy and the media, social control and surveillance, privacy and the Internet, and privacy and the courts. It places these developments into a broader international context, with a particular focus on the European Union, the United Kingdom, Australia and New Zealand. Adopting a comparative approach, it creates an important resource for understanding international trends in the reform of privacy and data protection laws across a variety of contexts. Written by internationally recognised experts, Emerging Challenges in Privacy Law: Comparative Perspectives provides an accessible introduction to contemporary legal and policy debates in privacy and data protection law. It is essential reading for academics, policy makers and practitioners interested in current challenges facing privacy and data protection law in Europe and in the common law world.

Luker, T, Douglas, H, Bartlett, F & Hunter, R 2014, 'Introduction: Righting Australian Law' in Douglas, H, Bartlett, F, Hunter, R & Luker, T (eds), Australian Feminist Judgments: Righting and Rewriting Law, Hart Publishing, Oxford, UK, pp. 1-18.

Luker, T, Douglas, H, Bartlett, F & Hunter, R 2014, 'Reflections on Rewriting the Law' in Douglas, H, Bartlett, F, Luker, T & Hunter, R (eds), Australian Feminist Judgments: Righting and Rewriting Law, Hart Publishing, Oxford, UK, pp. 19-40.
View/Download from: UTS OPUS

O'Connell, K 2014, 'Bad Boys' Brains: Law, Neuroscience and the Gender of 'Aggressive' Behavior' in Schmitz, S & Hoppner, G (eds), Gendered Neurocultures, Zaglossus, Vienna, pp. 299-317.
View/Download from: UTS OPUS

Opeskin, B & Shearer, I 2014, 'Nacionalidad y Apatridia' in Opeskin, B, Perruchoud, R & Redpath-Cross, J (eds), Las Bases del Derecho Internacional sobre Migración, Macquarie University, pp. 103-137.

Opeskin, B & Shearer, I 2014, 'Nationalité et apatridie' in Opeskin, B, Perruchoud, R & Redpath-Cross, J (eds), Le droit international de la migration, Schulthess, pp. 107-142.

Opeskin, B, Perruchoud, R & Redpath-Cross, J 2014, 'Conceptualización del Derecho Internacional sobre Migración' in Las Bases del Derecho Internacional sobre Migración, Macquarie University, pp. 1-18.

Opeskin, B, Perruchoud, R & Redpath-Cross, J 2014, 'Étude théorique du droit international de la migration' in Opeskin, B, Perruchoud, R & Redpath-Cross, J (eds), Le droit international de la migration, Schulthess, pp. 1-19.

Ries, N 2014, 'Health Professionals and the Organisation of Healthcare: Current Trends' in Joly, Y & Knoppers, BM (eds), Routledge Handbook of Medical Law and Ethics, pp. 155-167.
View/Download from: Publisher's site

Stuhmcke, A.G. 2014, 'JM v QFG and GK [1998] QCA 228: Judgment' in Douglas, H., Bartlett, F., Luker, T. & Hunter, R. (eds), Australian Feminist Judgments: Righting and Rewriting Law, Hart Publishing, Oregon, pp. 397-404.

Stuhmcke, A.G. 2014, 'The Ombudsman' in Matthew Groves (ed), Modern Administrative Law In Australia, Cambridge University Press, New York, pp. 326-347.

van rijswijk, H & Townsley, L 2014, 'R v Webster [1990] NSWSC 70012/90: Judgment' in Douglas, H, Bartlett, F, Luker, T & Hunter, R (eds), Australian Feminist Judgments: Writing and Rewriting Law, Hart Publishing, Oxford & Portland, pp. 316-324.

Varnham, S & Jackson, J 2014, 'Universities as the 'Critics and Conscience of Society': The Challenges and Threats to Academic Freedom and University Autonomy in Today's Higher Education Sector' in Anthony Gladman (ed), Europa World of Learning - Edited essay collection, Routledge, United Kingdom, pp. 6-10.
View/Download from: UTS OPUS
View description>>

Chapter written as Guest Editor (with Prof Jim Jackson) for the essay collection commissioned for the 2015 Edition (6 essays)

Vijeyarasa, R 2014, 'Hidden Data, Hidden Victims: Trafficking in the context of globalisation and labour exploitation-the case of Vietnam' in Rawlinson, MC, Commers, RMS & Johnston, T (eds), Labour and global justice: Essays on ethics of labour practices under globalisation, Lexington Books, USA, pp. 141-164.
View/Download from: UTS OPUS

Vijeyarasa, R 2014, 'Roadblocks to counter-trafficking: A comparative analysis of Vietnam, Ghana and Ukraine' in Zina, M & Abreu, GD (eds), Women Past and Present: Biographic and Interdisciplinary Studies, Cambridge Scholars Publishing, UK, pp. 266-282.
View/Download from: UTS OPUS
View description>>

The exploitation of migrant women abroad through trafficking and trafficking-like conditions is a global phenomenon. The purpose of this chapter is to highlight similarities and differences in the main barriers that exist to counter the traffic of women through a comparative study of Vietnam, Ghana and Ukraine. This chapter is based on fieldwork carried out in the three countries from July 2009 to November 2010, including 52 interviews with key informants and first-hand data collected from 109 returned victims of trafficking. This research identifies the political, legal, socio-cultural and economic road-blocks that continue to hinder efforts to counter trafficking using a human rights and migration-centred framework in all three research countries. Governments, NGOs and other stakeholders have been engaging in counter-trafficking activities for years, particularly since the enactment in 2000 of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol). The Protocol specifically calls for a “comprehensive international approach” to “prevent and combat trafficking in persons” (Preamble). Nonetheless, an array of barriers to combating trafficking exists, ranging from shortcomings with national trafficking laws and access to justice for victims, to the reality that some governments fail to play an active and positive role in the countering of trafficking. In other instances, negative perceptions held about individual victims or their own unwillingness to self-identify as a trafficked person, present obstacles. An on-going emphasis on a criminal justice rather than human-rights centred approach is an overarching challenge. In this chapter, I focus on three key issues: (a) The impact of criminalisation of sex work and stigma associated with both sex work and trafficking; (b) Stereotypes concerning who constitutes a victim of trafficking; and (c) The role of cultural attitudes and myths concerning the “...

Vrdoljak, A 2014, 'Human Rights and Cultural Heritage in International Law' in Lenzerini, F & Vrdoljak, AF (eds), International Law for Common Goods: Normative Perspectives on Human Rights, Culture and Nature, Hart Publishing, Oxford, UK, pp. 139-174.
View/Download from: UTS OPUS

Vrdoljak, A & Chamberlain, K 2014, 'Controls on the export of cultural objects and human rights' in Nafziger, JAR & Paterson, RK (eds), Handbook on the Law of Cultural Heritage and International Trade, Edward Elgar Publishing, Cheltenham, UK, pp. 532-570.

Wangmann, JM 2014, 'Gender, Intimate Partner Violence, and the Growing Recognition of Differences: A Useful Tool for Law?' in Sagade, J, Jivan, V & Forster, C (eds), Feminism in the Subcontinent and Beyond, Eastern Book Company, Lucknow, pp. 77-107.
View/Download from: UTS OPUS

Alexander, IJ 2014, ''Manacles Upon Science': Re-evaluating Copyright in Informational Works in Light of 18th Century Case Law', Melbourne University Law Review, vol. 38, no. 2, pp. 317-361.
View/Download from: UTS OPUS

Alexander, IJ & Fraser, MH 2014, 'Copyright Reform in Australia: Asking the Right Questions', Journal of Media Law, vol. 6, no. 1, pp. 8-20.

Anthony, T & Crawford, W 2014, 'Northern Territory Indigenous community sentencing mechanisms: An order for substantive equality', Australian Indigenous Law Review, vol. 17, no. 2, pp. 79-99.

Arbel, E, Dauvergne, C & Millbank, J 2014, 'Gender in refugee law: From the margins to the centre', Gender in Refugee Law: From the Margins to the Centre, pp. 1-296.
View/Download from: UTS OPUS or Publisher's site
View description>>

© 2014 Selection and editorial matter, Efrat Arbel, Catherine Dauvergne and Jenni Millbank; individual chapters, the contributors. Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.

Beaupert, F, Carney, T, Chiarella, M, Satchell, C, Walton, M, Bennett, B & Kelly, P 2014, 'Regulating healthcare complaints: A literature review', International Journal of Health Care Quality Assurance, vol. 27, no. 6, pp. 505-518.
View/Download from: Publisher's site
View description>>

© Emerald Group Publishing Limited. Purpose: The purpose of this paper is to explore approaches to the regulation of healthcare complaints and disciplinary processes. Design/methodology/approach: A literature review was conducted across Medline, Sociological Abstracts, Web of Science, Google Scholar and the health, law and social sciences collections of Informit, using terms tapping both the complaints process and regulation generally. Findings: A total of 118 papers dealing with regulation of health complaints or disciplinary proceedings were located. The review reveals a shift away from self-regulation towards greater external oversight, including innovative regulatory approaches including “networked governance” and flexible or “responsive” regulation. It reports growing interest in adoption of strategic and responsive approaches to health complaints governance, by rejecting traditional legal forms in favor of more strategic and responsive forms, taking account of the complexity of adverse health events by tailoring responses to individual circumstances of complainants and their local environments. Originality/value: The challenge of how to collect and harness complaints data to improve the quality of healthcare at a systemic level warrants further research. Scope also exists for researching health complaints commissions and other “meta-regulatory” bodies to explore how to make these processes fairer and better able to meet the complex needs of complainants, health professionals, health services and society.

Bell, F, Shackel, R & Steele, LR 2014, 'Towards Growth and Sustainability: the Institutional and Disciplinary Dynamics of Postgraduate Law Research Networks', Legal Education Review, vol. 24, no. 1 & 2, pp. 201-209.
View/Download from: UTS OPUS
View description>>

Increasingly, attention in Australia is focusing on the role of postgraduate student research groups in higher degree research (HDR) student learning and experience.1 The current research project was aimed broadly at the evaluation of HDR groups, and was directed towards informing development of an interdisciplinary group around criminology, criminal law and criminal justice (the Crim* Network: http://crimstarnetwork.com/) based within the Law Faculty at the University of Sydney. Specifically, it sought to ensure the Network developed within a pedagogicallyinformed structure, and was sustainable in the long-term with potency for growth and outreach beyond the host faculty and institution

Biber, K 2014, 'In Jimmy Governor’s archive', Archives and Manuscripts, vol. 42, no. 3, pp. 270-281.
View/Download from: Publisher's site

Biber, K 2014, 'Inside Jill Meagher's Handbag: Looking at Open Justice', The Alternative Law Journal, vol. 39, no. 2, pp. 73-77.
View/Download from: UTS OPUS

Biber, K & Luker, T 2014, 'Evidence and the Archive: Ethics, Aesthetics, and Emotion', Australian Feminist Law Journal, vol. 40, no. 1, pp. 1-14.
View/Download from: UTS OPUS or Publisher's site

Biber, K, Doyle, P & Rossmanith, K 2014, 'Perving at Crime Scenes: Authenticity, Ethics, Aesthetics', Griffith Law Review, vol. 22, no. 3, pp. 804-814.
View/Download from: UTS OPUS or Publisher's site
View description>>

This is a conversation between 3 scholars. It was peer reviewed by the journal editors, and members of the journal's editorial board.

Blagg, H & Anthony, T 2014, '"If Those Old Women Catch You, You're Going To Cop It”: Night Patrols, Indigenous Women, and Place Based Sovereignty in Outback Australia', African Journal of Criminology and Justice Studies, vol. 8, no. 1, pp. 103-124.
View/Download from: UTS OPUS
View description>>

Night Patrols (‘patrols’) are a uniquely Indigenous Australian form of community self-policing. Patrols do not fit neatly into established paradigms of ‘policing’ emanating from the Global North. They are not part of the apparatus of the state police, nor do they offer commodified private security services and, unlike mainstream police, they cannot legitimately call on a reservoir of coercive powers to ensure compliance. In this article we sketch out what we describe as the ‘contested space’ of Indigenous self-policing, as represented by patrols, through a postcolonial lens, paying particular attention to the role of Indigenous women’s agency in creating, nurturing and sustaining night patrol work within an Indigenous ethics of care and notions of wellbeing. Drawing on international critical postcolonial scholarship we tease out the links between patrol work and broader expressions of sovereign power embedded in Indigenous law. Our key contention is that there are learnings from the Australian experience for other postcolonies, where there are kindred debates regarding the balance between Indigenous and colonial systems of justice and policing. We highlight the experience of patrols in the Northern Territory (NT) where the policing of Indigenous space and place have become a key priority for the Australian Government after a major focus on issues of child abuse and family violence.

Bohle, P, Rawlings-Way, O, Finn, J, Ang, J & Kennedy, DJ 2014, 'Housing Choice in Retirement: Community versus Separation', HOUSING STUDIES, vol. 29, no. 1, pp. 108-127.
View/Download from: Publisher's site

Booth, T 2014, 'The restorative capacities of victim impact statements: analysis of the victim–judge communication dyad in the sentencing of homicide offenders', Restorative Justice, vol. 2, no. 3, pp. 253-277.
View/Download from: UTS OPUS
View description>>

Victim impact statements (VISs) are said to introduce restorative elements into the sentencing hearing for the benefit of victims. Roberts and Erez (2004) argue that a key restorative feature of VISs is their potential to generate reciprocal communication between judge and victim: victims have the opportunity to speak about the impact of the crime and the court has the opportunity to acknowledge the harm suffered and validate victims' experiences. Drawing from the findings of a small qualitative study of VISs in homicide sentencing hearings in New South Wales (NSW), Australia, this paper examines the communicative potential of VISs. While the institutional context of VISs in common law jurisdictions constrains their communicative capacities, nonetheless oral VISs provide victims with a valuable opportunity to speak and be heard. Furthermore, while in the hearings studied there was little direct communication between judge and victim, this study reveals that VISs provide a context in which other, more indirect communications can occur

Booth, T 2014, 'Victim impact statements and the nature and incidence of offender remorse: Findings from an Observation study in a superior sentencing court', Griffith Law Review, vol. 22, no. 2, pp. 430-455.
View description>>

Scholars have argued that disclosure of the impact of the crime on the victim through victim impact statements has the potential to produce an emotional response in offenders that creates an opportunity for offenders to express remorse and apologise to crime victims in the sentencing hearing. Implicit in this claim is the concept that the incidence of such victim focused remorse is a virtue and a positive restorative element of VISs. Drawing from data largely generated by observation of eighteen sentencing hearings of homicide offenders and semistructured interviews with fourteen family victims, this article examines this claim by exploring offender response to victim impact statements, and the nature and incidence of offender remorse observed in the courtroom.

Bowley, RN 2014, '‘A clarification on the obligation to disclose significant risks in Product Disclosure Statements: Woodcroft-Brown v Timbercorp Securities Ltd [2013] VSCA 284’', Butterworths Corporation Law Bulletin, vol. 2014, no. 5, pp. 1-10.
View/Download from: UTS OPUS

Bowley, RN 2014, '‘NSW Court of Criminal Appeal increases sentence for breaches of s 184(2) and s 1308 of Corporations Act 2001: Director of Public Prosecutions v Bryan Raymond Northcote [2014] NSWCCA 26’', Butterworths Corporation Law Bulletin, vol. 2014, no. 15, pp. 2-7.
View/Download from: UTS OPUS

Bowley, RN 2014, '‘Solicitor held liable for representations about investment scheme: Polon v Dorian [2014] NSWSC 571’', Butterworths Corporation Law Bulletin, vol. 2014, no. 12, pp. 1-8.
View/Download from: UTS OPUS

Bowley, RN 2014, 'Misleading and deceptive advice about changing life insurance: Commonwealth Financial Planning v Couper’', Australian Insurance Law Bulletin, vol. 30, no. 2, pp. 28-31.
View/Download from: UTS OPUS

Bowley, RN & Moore, C 2014, 'The application of s 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) to claims-made insurance policies: An analysis of recent developments', Insurance Law Journal, vol. 25, no. 2, pp. 149-182.
View/Download from: UTS OPUS
View description>>

Following the litigation over the collapsed Bridgecorp Group in New Zealand since 2011, the application of s 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) and s 9 of the Law Reform Act 1936 (NZ) to claims-made policies has been the focus of considerable interest. Through a review of recent case law, this article examines how the courts in Australia and New Zealand have grappled with the application of these arguably antiquated provisions to the complexities of modern professional indemnity and directors and officers insurance policies

Bubna-Litic, K & Stoianoff, NP 2014, 'Carbon pricing and renewable energy innovation: A comparison of Australian, British and Canadian carbon pricing policies', Environmental and Planning Law Journal, vol. 31, no. 5.
View/Download from: UTS OPUS

Buonamano, RL 2014, 'The Legal Subject in Althusser's Political Theory', Law and Critique, vol. 25, no. 3, pp. 231-248.
View/Download from: UTS OPUS or Publisher's site

Carney, T 2014, 'Clarifying, Operationalising, and Evaluating Supported Decision Making Models', Research and Practice in Intellectual and Developmental Disabilities, vol. 1, no. 1, pp. 46-50.
View/Download from: Publisher's site

Carney, T 2014, 'The incredible complexity of being? Degrees of influence, coercion, and control of the "autonomy" of severe and enduring anorexia nervosa patients. Commentary on "Anorexia nervosa: the diagnosis: a postmodern ethics contribution to the bioethics debate on involuntary treatment for anorexia nervosa" by Sacha Kendall.', Journal of bioethical inquiry, vol. 11, no. 1, pp. 41-42.
View/Download from: Publisher's site

Carney, T & Bennett, B 2014, 'Framing pandemic management: New governance, science or culture?', Health Sociology Review, vol. 23, no. 2, pp. 136-147.
View/Download from: Publisher's site
View description>>

Copyright © 2014 eContent Management Pty Ltd. Management of a pandemic engages multiple sites where previously settled or uncontroversial understandings may be transformed by global and domestic forces. This article examines the iconography of social distancing implicated in the discourses of 'quarantine' and 'risk control' in public health, and the tension between scientific and popular media readings of the contours of acceptable public health models for managing particular pandemics. The role of culture in shaping and reshaping borders at an operational level is explored as a basis for explaining the apparent paradoxes in the way historic and contemporary pandemics are actually managed, and the different ways particular pandemics are framed. The article argues that a rational-scientific approach to pandemic management is insufficient and that a more nuanced socio-political blend of science, culture and public perceptions offers a more substantial basis for public health policy.

Caulfield, T, Burningham, S, Joly, Y, Master, Z, Shabani, M, Borry, P, Becker, A, Burgess, M, Calder, K, Critchley, C, Edwards, K, Fullerton, SM, Gottweis, H, Hyde-Lay, R, Illes, J, Isasi, R, Kato, K, Kaye, J, Knoppers, B, Lynch, J, McGuire, A, Meslin, E, Nicol, D, O'Doherty, K, Ogbogu, U, Otlowski, M, Pullman, D, Ries, N, Scott, C, Sears, M, Wallace, H & Zawati, MH 2014, 'A review of the key issues associated with the commercialization of biobanks', Journal of Law and the Biosciences, vol. 1, no. 3, pp. 94-110.
View/Download from: Publisher's site

Dobinson, IR & Elliott, E 2014, 'A Householder's Right to Kill or Injure under the Crime and Courts Act 2013: An Australian Comparison', The Journal of Criminal Law, vol. 78, pp. 80-97.
View/Download from: Publisher's site
View description>>

Section 43 of the Crime and Courts Act 2013 has amended s. 76 of the Criminal Justice and Immigration Act 2008 such that a person may be acquitted in a case of self-defence in his or her own home where he or she uses disproportionate, but not grossly disproportionate, force against an intruder. This extends to circumstances where a householder intentionally kills such an intruder. This amendment, a result of Conservative Party policy, appears to be based on populist appeal and a response to certain high-profile cases. By comparison, Australian home invasion legislation imposes limitations on the rights of a householder to kill in circumstances such as a home invasion. In addition, a number of Australian jurisdictions provide for a partial defence of excessive self-defence. Section 43 provides only that the disproportionate force used by a householder be reasonable in the circumstances as the householder believed them to be. Further to this, the amendments are vague, ambiguous and likely to create significant uncertainty.

Dorsett, S.G. 2014, 'How Do Things Get Started? Legal Transplants and Domestication: An Example from Colonial New Zealand', New Zealand Journal of Public and International Law, vol. 12, pp. 103-122.

Dorsett, SG 2014, 'The Court of Claims and the resolution of informal land claims in New South Wales 1833-1835', Property Law Review, vol. 4, no. 1, pp. 5-21.
View description>>

This article discusses a little known 19th century legal institution: The New South Wales Court of Claims. Established in 1833, its remit was to determine who had the better or best title to land in situations where informal land practices had led to uncertain or conflicting claims to land. Despite its important position within the framework of early land law, its operation has been overshadowed by later land institutions, such as the Torrens system. An examination of this court, however, has two benefits. Most obviously, it can shed light on how the mass of informal and conflicting titles was resolved in New South Wales. More broadly, an examination of the court's practice reminds us that the connections between colonial institutions cannot be determined from their enacting statutes, but rather must be disinterred from their day to day workings.

Dorsett, SG 2014, 'The Precedent is India: Crime, Legal Order and Governor Hobson’s 1840 Proposal for the Modification of Criminal Law as applied to Māori', law&history, vol. 1, no. 1, pp. 29-55.
View/Download from: UTS OPUS
View description>>

This article considers the 1840 draft Act by Captain (later Governor)Hobson for the modification of criminal law as applied to Māori. Never enacted, Hobson’s plan was the first in a series of Acts which used exceptional criminal laws as a mechanism for imposing legal order. More broadly, an examination of Hobson’s draft Act also contributes to a growing literature which considers the key transitional period of the second and third decades of the nineteenth century, a period which witnessed the movement from a more pluralised empire to one in which a more recognisably ‘modern’ form of territorial sovereignty was emerging.

Driscoll, DA, Catford, JA, Barney, JN, Hulme, PE, Inderjit, Martin, TG, Pauchard, A, Pysek, P, Richardson, DM, Riley, S & Visser, V 2014, 'New pasture plants intensify invasive species risk', PROCEEDINGS OF THE NATIONAL ACADEMY OF SCIENCES OF THE UNITED STATES OF AMERICA, vol. 111, no. 46, pp. 16622-16627.
View/Download from: UTS OPUS or Publisher's site

Freckelton, I 2014, 'Australian Mental Health Tribunals', PSYCHIATRY PSYCHOLOGY AND LAW, vol. 21, no. 5, pp. 818-820.
View/Download from: Publisher's site

Goldblatt, BA 2014, 'Gender, poverty and the development of the right to socialsecurity', International Journal of Law in Context, vol. 10, no. 4, pp. 460-477.
View/Download from: UTS OPUS or Publisher's site
View description>>

The international right to social security has been given limited attention as a vehicle for addressing women’s poverty. This paper highlights some of the issues shaping women’s poverty globally that require a more responsive right to social security. It discusses the nature and purpose of social security and examines the international law relating to this right, arguing that recent interpretations lack an adequate framework for ensuring women’s interests are fully accommodated. The paper challenges the relationship between the right to social security and traditional conceptions of work that exclude women’s labour. It also argues that the right must have application at the transnational level if it is to address the changing nature of women’s work. Drawing on ideas of substantive equality, it proposes an approach to the development of the right from a gender perspective including a set of principles to be followed in applying the right.

Goldblatt, BA 2014, 'Social Security in South Africa - a Gender and Human Rights Analysis', Verfassung und Recht in Übersee, vol. 47, pp. 22-42.
View description>>

South Africa has a large social assistance programme that plays a critical role in addressing extreme poverty.The strong constitutional rights framework, including a right to social security, underpins the development of this programme. Women are the major recipients of social assistance grants but in most cases collect grants for the benefit of their children (in the form of Child Support Grants). Working age people who are able-bodied are not provided with social assistance despite the high levels of unemployment in the country. Women, who are poorer with less access to paid work, are most disadvantaged by this gap. A recent move to attach conditions to the Child Support Grant is analysed from a gender and human rights perspective. The article considers some of the arguments relating to `conditionality in social security and finds that this move is unnecessary, impractical and a possible violation of human rights as well as a worrying trend in a system that has previously made little use of conditions. The article concludes by proposing a deliberative process of ensuring that the social security right becomes a gender-responsive vehicle for fundamental social change.

Gould, KC 2014, 'The statutory triviality defence and the challenge of discouraging trivial defamation claims on Facebook', Media and Arts Law Review, vol. 19, no. 2, pp. 113-151.
View/Download from: UTS OPUS

Grossi, R 2014, ''Book Review Eva Illouz, Why Love Hurts: A Sociological Explanation'', Journal of Sociology.

Grossi, R 2014, 'Review Essay ‘Romantic Love our “cultural core”, “general ideology” and “undeclared religion”?’', Contemporary Sociology.

Hamer, DA, Anthony, T, Biber, K, Crofts, P, Dennis, I, Douglas, H, Eburn, M, Edmond, G, Farrar, S, Hopkins, A, Kumar, MA, Ligertwood, A, Loughnan, A, Mitchell, T, Palmer, A, San Roque, M & Townsley, L 2014, 'Submission on Exposure Draft: Evidence Amendment (Evidence of Silence) Bill 2012', Sydney Law School Research Paper, no. 14.

Heino, B 2014, 'Workchoices - Characterisation, Effects and Resistance: An AMWU perspective', Social Alternatives, vol. 33, no. 2, pp. 50-57.

Heino, B & Dahlstrom, J 2014, 'War Crimes and the Parisian Regulation Approach: Representations of the Crisis of Antipodean Fordism', Journal of Australian Political Economy, vol. 74, pp. 95-118.

Hobbs, H 2014, 'Putting the ‘Queen’ Back into Queensland', Alternative Law Journal, vol. 39, pp. 9-11.
View/Download from: UTS OPUS or Publisher's site

Hobbs, H 2014, 'Victim participation in international criminal proceedings: Problems and potential solutions in implementing an effective and vital component of justice', Tex. Int’l LJ, vol. 49, pp. 1-1.
View/Download from: UTS OPUS

Hobbs, H, Hobbs, H & Trotter, A 2014, 'How far have we really come? Civil and political rights in Queensland'.
View/Download from: UTS OPUS

Leary, DK 2014, 'International Maritime Organization (IMO)', Yearbook of International Environmental Law, vol. 24, no. 1, pp. 564-567.
View/Download from: UTS OPUS or Publisher's site
View description>>

The Assembly of the IMO met for its twenty-eighth session in London from 25 November to 4 December. At this meeting, the Assembly elected the following states to be members of its Council for the period 2014–15: The IMO Council met twice in 2013 (at its 110th session on 15–19 Jul and its 111th session on 4 December). At its 111th session, parties endorsed the restructuring of the IMO sub-committees, reducing their numbers from nine to seven. The new sub-committees include: The Assembly adopted a series of amendments and new instruments to give effect to a new mandatory audit scheme as a tool for assessing member states’ performance of their obligations and responsibilities as flag, port, and coastal states under IMO treaties. Measures adopted giving effect to this new scheme...

Li, G 2014, 'A comparative study of the communications consumer dispute resolution schemes in the UK and Australia', Media and Arts Law Review, vol. 19, pp. 151-168.
View/Download from: UTS OPUS
View description>>

In Australia, the Telecommunications Industry Ombudsman (`TIO) is a private corporation acting as the sole alternate dispute resolution mediator between carriage service providers (`CSPs) and consumers. Currently, the Telecommunications Act 1997 (Cth) requires all CSPs to become members of the TIO scheme in Australia. In the United Kingdom, the communications consumer dispute resolution scheme comprises two organisations: the Ombudsman Services (`OS) and the Communications and Internet Services Adjudication Scheme (`CISAS). The Communications Act 2003 (UK) requires all the communications providers (`CPs) to join either of these two schemes. This paper studies these three similar but different redress schemes. In doing so, the author of this paper conducted a literature research of these three schemes based on publically available information. In addition, interviews with both the OS and the CISAS were carried out to access further information. In conclusion, this paper finds that the scope of the TIO is unnecessarily wider than the scope of the UK schemes, which contributed significantly to the high volume of complaints received by the TIO in recent years. It is therefore critical for the TIO to reconsider its scope of operation in view of limiting it. Otherwise, not only the industry development and the consumer welfare might be hindered, the TIO scheme would be overburdened in the long run.

Light, EM, Robertson, MD, Boyce, P, Carney, T, Rosen, A, Cleary, M, Hunt, GE, O'Connor, N, Ryan, C & Kerridge, IH 2014, 'The lived experience of involuntary community treatment: a qualitative study of mental health consumers and carers', AUSTRALASIAN PSYCHIATRY, vol. 22, no. 4, pp. 345-351.
View/Download from: Publisher's site

Lindsay, D 2014, 'The ‘Right to be Forgotten’ by Search Engines under Data Privacy Law: A Legal Analysis of the Costeja Ruling', Journal of Media Law, vol. 6, no. 2, pp. 159-179.
View/Download from: Publisher's site

Methven, EP 2014, ''A Very Expensive Lesson': Counting the Costs of Penalty Notices for Anti-social Behaviour', Current Issues in Criminal Justice, vol. 26, no. 2, pp. 249-258.
View/Download from: UTS OPUS

Millbank, J 2014, 'Identity Disclosure and Information Sharing in Donor Conception Regimes: The Unfulfilled Potential of Voluntary Registers', International Journal of Law, Policy and the Family, vol. 28, no. 3, pp. 223-256.
View/Download from: UTS OPUS
View description>>

This article explores the scope and effectiveness of formal donor identity registers currently in operation in assisted conception regimes in Australia and the UK. In particular, it examines the function of voluntary registers which are intended to fill the gaps left by `central identity registers which mandate timed release of donor identity on request of donor conceived adults. There are three `gaps left by central registers identified here: conceptions which took place prior to the operation of the relevant registers; parents and offspring who desire access to identifying information or a means of making contact prior to the age set for information release under current registers; and parents and offspring who desire information not available under current registers, specifically, identifying information or a means of making contact with other offspring from the same donor. The article reflects on interviews with a set of 21 parents who had undertaken donor conception in Australia through licensed IVF treatment concerning their understandings of disclosure regimes and wishes for, and experience of, seeking information and contact.

Millbank, J 2014, 'Numerical Limits in Donor Conception Regimes: Genetic Links and Extended Family in the Era of Identity Disclosure.', The Medical Law review, vol. 22, no. 3, pp. 325-356.
View/Download from: UTS OPUS or Publisher's site
View description>>

This article critically examines the setting of limits on the number of children or family groups that may be formed with a single donor in assisted conception regimes. Originally, under conditions of anonymity, numerical limits were said to contain the risk of inadvertent consanguinity between offspring who would not know, and could not know, that they were genetic half siblings, and also between donor and offspring. The increasing embrace of identity disclosure regimes has led to calls for stricter numerical limits based on the purported harm of being exposed to `too many genetic relatives in the future. This article asks: how many is too many? And how do we know? The UK and Australian positions are examined, and placed alongside a discussion of qualitative research involving interviews with 20 parents of donor conceived children.

Nicol, D, Hagger, M, Ries, N & Liddicoat, J 2014, 'Time to Get Serious about Privacy Policies: The Special Case of Genetic Privacy', Federal Law Review, vol. 42, no. 1, pp. 149-179.

Opeskin, B & Parr, N 2014, 'Population, Crime and Courts: Demographic Projections of the Future Workload of the New South Wales Magistracy', Journal of Judicial Administration, vol. 23, pp. 233-252.
View/Download from: UTS OPUS
View description>>

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

Rawling, MJ 2014, '"Cross-Jurisdictional and Other Implications of Mandatory Clothing Retailer Obligations"', Australian Journal of Labour Law, vol. 27, no. 3, pp. 191-215.
View/Download from: UTS OPUS
View description>>

This article is about the imposition of mandatory obligations upon effective business controllers of supply chains for the protection of workers. Specifically, the article analyses the genesis, design and operation of New South Wales, South Australian and Queensland mandatory clothing retailer codes and their broader implications, including for the cross-jurisdictional regulation of international supply chains. The extent to which those state mandatory codes already operate cross-jurisdictionally to regulate supply chains spanning across jurisdictions throughout Australia is analysed. It is argued that imposing mandatory obligations upon effective business controllers of supply chains is necessary to adequately address the exploitation of domestic and overseas supply chain labour. In an analogous fashion to the operation of the mandatory clothing retailer codes, domestic legislative regulation of international supply chains can be achieved by piggybacking mandatory requirements onto the intrinsically cross-jurisdictional agreement between an effective business controller and its outside supplier.

Riley, S 2014, 'Rio + 20: What Difference Has Two Decades Made to State Practice in the Regulation of Invasive Alien Species?', William & Mary Environmental Law and Policy Review, vol. 38, no. 2, pp. 371-424.
View/Download from: UTS OPUS
View description>>

ABSTRACT Invasive alien species (IAS) are alien species that threaten ecosystems, habitats, or other species. Article 8(h) of the Convention on Biological Diversity (CBD) requires the contracting parties to prevent the introduction of or control or eradicate those alien species that threaten ecosystems, habitats, or species. Members are also required to lodge National Reports with the Secretariat of the CBD, specifying how they are fulfilling their international obligations with respect to IAS. While the threats to biodiversity posed by IAS have been extensively documented,to date, no study has examined states perceptions of their IAS regimes. This Article collects and analyzes information available from the CBD National Reports to consider what members themselves have identified as their regulatory strengths and weaknesses. Against this backdrop, the Article evaluates the effectiveness of international environmental law in guiding domestic regimes, highlighting that where international law is imprecise or inconsistent, it can hinder the development of successful State practice.

Riley, S & Li, G 2014, 'Internationalisation and Intercultural Skills: Using Role Play Simulations to Build Bridges of Tolerance and Understanding', Macquarie Law Journal, vol. 13-14, pp. 127-147.
View/Download from: UTS OPUS
View description>>

Although the notion of internationalisation does not have a settled meaning, its main theme focuses on enriching ‘the international dimension’ of the higher education experience. Internationalisation traditionally includes promoting student mobility and embedding international elements in existing curriculum. Yet, in order to achieve true internationalisation, teachers also need to consider how students develop intercultural skills. The literature indicates that it may be difficult to implement learning strategies that achieve these outcomes. In an attempt to fill this gap, this paper evaluates a project that the authors undertook, which utilised role-play simulations in order to build bridges of tolerance and understanding amongst a diverse student cohort. The project reflected an integrative approach that incorporated international elements into the existing curriculum. It was conducted in two stages, commencing with a pilot exercise in an undergraduate law subject taught to business students and concluding with a workshop designed to shed light on some of the challenges underscored by the pilot exercise. In particular, the workshop explored findings that role-play simulations were an effective tool in encouraging students to engage with each other at a disciplinary and personal level, but somewhat less effective in facilitating meaningful intercultural exchange. Both the pilot project and the workshop highlight the need for teachers to build on their role as intercultural facilitators and to innovate and explore all students’ experiences of ‘internationalisation’. Moreover, while educational institutions consider internationalisation to be one of their strengths, more work needs to be done to assist teachers in developing and implementing internationalisation of the curriculum at the subject, course and program levels.

Simm, G & Byrnes, A 2014, 'International peoples' tribunals in Asia: Political theatre, juridical farce, or meaningful intervention?', Asian Journal of International Law, vol. 4, no. 1, pp. 103-124.
View/Download from: UTS OPUS or Publisher's site
View description>>

Since the 1960s, over eighty international peoples' tribunals have been established outside formal state and international structures. Many have drawn on the forms and procedures of state-sponsored international tribunals and investigated whether states, international organizations, and transnational corporations have violated established norms of international law, while also seeking to infuse it with more progressive values. This paper first provides an overview of the history of international peoples' tribunals in Asia, then examines three tribunals that have focused on situations in Asia. We argue that not only do peoples' tribunals respond to a perceived gap in official structures of accountability, but they also perform other functions. These include building solidarity and networks, and recording and memorializing otherwise unacknowledged experiences. Further, such tribunals not only engage in holding states and others accountable informally but also articulate claims about the right of civil society to "own", interpret, and develop international law. © Asian Journal of International Law, 2014.

Simmonds, A 2014, 'Friendship, Imperial Violence and the Law of Nations: The Case of Late-Eighteenth Century British Oceania', The Journal of Imperial and Commonwealth History, vol. 42, no. 4, pp. 645-666.
View/Download from: UTS OPUS or Publisher's site

Steele, L 2014, 'Disability, abnormality and criminal law: sterilisation as lawful and ‘good’ violence', Griffith Law Review, vol. 23, no. 3, pp. 467-497.
View/Download from: UTS OPUS or Publisher's site
View description>>

© 2015 Griffith University. This article analyses the place of the intersections of the criminal law of assault and the Family Court's welfare jurisdiction in rendering Family Court authorised sterilisation of girls with intellectual disability a legally permissible form of violence. The article does this by examining court authorised sterilisation of girls with intellectual disability by reference to the concepts of ‘legal violence’ and ‘abnormality’. The article's central argument is that Family Court authorised sterilisation of girls with intellectual disability is a form of lawful and ‘good’ violence against abnormal legal subjects. Such girls are – by reason of their incapacity – positioned outside the group of ‘normal’ legal subjects of assault who have the capacity to decide to consent to contact with their otherwise ‘impermeable’ and legally sacrosanct bodies. As the girls with intellectual disability are deemed to constitute ‘abnormal’ legal subjects of assault, the lawfulness of the contact involved in the act of their sterilisation is not dependent on the consent of the girls themselves, but instead on the consent of their parents as authorised by the Family Court acting in its welfare jurisdiction. In the course of authorising parental consent to sterilisation, the Family Court not only renders an act of sterilisation ‘lawful violence’, but also ‘good violence’ through the characterisation of girls with intellectual disability as absolutely different to individuals without disability, and through the characterisation of the act in legal, familial and medical terms.

Steele, L & Thomas, S 2014, 'Disability at the periphery: legal theory, disability and criminal law', Griffith Law Review, vol. 23, no. 3, pp. 357-369.
View/Download from: UTS OPUS or Publisher's site
View description>>

© 2015 Griffith University. This special issue of the Griffith Law Review is dedicated to an examination of the relationships and intersections between disability, criminal law and legal theory. Despite the centrality of disability to the doctrines, operation and reform of criminal law, disability continues to inhabit a marginal location in legal theoretical engagement with criminal law. This special issue proceeds from a contestation of disability as an individual, medical condition and instead explores disability's social, political and cultural contexts. This kind of approach directs critical attention to questioning many aspects of the relationships between disability and criminal law which have otherwise been taken for granted or overlooked in legal scholarship. These aspects include the differential treatment of people with disability by criminal law, the impact of core legal concepts such as capacity on criminal legal treatment of people with disability, and the role of disability in ordering and legitimising criminal law. It is hoped that the special issue will contribute to the shifting of disability from its peripheral location in legal theoretical scholarship much more to the centre of critical and political engagement with criminal law.

Stewart, PE & Stuhmcke, AG 2014, 'Lacunae And Litigants: A Study Of Negligence Cases In The High Court Of Australia In The First Decade Of The 21St Century And Beyond', Melbourne University Law Review, vol. 38, no. 1, pp. 151-197.
View/Download from: UTS OPUS
View description>>

This article examines a snapshot in time of appeals in negligence cases to the High Court during the first 11 years of the 21st century. In total, 78 negligence cases decided by the High Court during this period are analysed. Cases granted leave to appeal to the High Court are exceptional, raising novel or difficult issues of law and depend upon an injured plaintiff s practical and financial ability to access legal services. This article analyses the gender and age of litigants, and the accident type in these appeals in order to determine what, if anything, can be learnt about tort litigation patterns. This study found that more men litigated in High Court appeals in the period under study than any other group. When analysed against the background of existing evidence as to: the nature and type of injuries suffered in Australia which require hospitalisation; who is injured; who litigates at first instance; who appeals; and the nature of negligence cases, it becomes clear that adult male plaintiffs appear more often in tort law than women and children due to more men being injured as a group and female and child injuries happening more often in no-fault contexts. The data also indicate that plaintiffs are far less likely to succeed in negligence appeals to the High Court than defendants. It is argued that this emphasis upon personal responsibility in the tort of negligence seems set to continue in light of the statutory tort law reforms which took place across Australia in 2002.

Stuhmcke, AG 2014, 'A Snapshot in Time: The Changing Systemic Role of the Australian Commonwealth Ombudsman', GSTF Journal of Law and Social Sciences, vol. 4, no. 1, pp. 99-108.
View/Download from: UTS OPUS or Publisher's site
View description>>

Abstract— The role of the Australian Commonwealth Ombudsman has changed. This change has occurred through operational decision-making rather than through legislative reform. Similarly to many classical ombudsman institutions the Commonwealth Ombudsman has two traditional roles – proactive system fixer and reactive individual complaint handler. Since the office was introduced in Australian in the 1970s. the emphasis placed upon systemic reform has increased. This change is noteworthy as it is generally assumed that these dual roles are related in that improvements produced by one role will impact upon the other. Here it is most often implied in public law literature, that the correction by an ombudsman of a systemic administrative deficiency through its systemic function will reduce numbers of individual complaints. Using empirical data based upon a ‘snapshot in time’ study of the Australian Commonwealth Ombudsman this article argues that this traditional assumptions as to the relationship between the two roles is flawed. The findings of the study presented in this article will impact upon the operation of the ombudsman institution and provide insight into ways in which the role and performance of such a growing international integrity review body may be strengthened.

Stuhmcke, AG 2014, 'Tick Tock Goes the Clock: Rethinking Policy and Embryo Storage Limits', Feminist Legal Studies, vol. 22, no. 3, pp. 285-306.
View/Download from: UTS OPUS or Publisher's site
View description>>

Cryopreservation of human embryos remains, in many jurisdictions, a critical component of the use of the technology of in vitro fertilisation (IVF) in assisted reproduction. However, although the reasons for the freezing of reproductive material— such as cost effectiveness and reducing risks of IVF—are a constant across jurisdictions, the desirable length of storage remains subject to ongoing regulatory debate. Internationally embryo storage limits are variable. This article features data from a recent Australian research project which explores individual attitudes, desires and understandings of law of IVF patients (and their partners) who had or who have embryos in storage. This article uses interviews from the study to argue that storage limits, like any apparently neutral regulatory tool, apply unequally causing unintended physical, mental and emotional harm—particularly to women. This analysis of storage limits exposes the interaction of time, science and law to create, apply and enforce norms and practices of ‘natural’ embryo storage, suggesting that the imposition of inflexible legislative restrictions upon embryo storage are socially contingent and value laden rather than ‘natural’ or ‘scientific’. This outcome has relevance to wider debates over assisted reproduction policies, suggesting that legal frameworks should adopt more flexibility in application to the patients who use this technology.

Stuhmcke, AG & Chandler, E 2014, 'Storage limits of gametes and embryos: Regulation in search of policy justification', Journal of Law and Medicine, vol. 22, no. 1, pp. 121-135.
View/Download from: UTS OPUS
View description>>

In Australia regulatory limits with respect to the storage of gametes and embryos differ according to both the ‘type’ of reproductive material and the jurisdiction the material is stored within. This article examines the differences and similarities in storage limits across Australian states, evaluating the reasons for the introduction of storage limits and identifying historical policy change. The article argues that justifications for current storage limits are not clearly articulated and calls for further debate and discussion in this increasingly important area of law.

Stuhmcke, AG & Stewart, P 2014, 'High Court Negligence Cases2000–10', The Sydney Law Review, vol. 36, no. 4, pp. 585-618.
View/Download from: UTS OPUS
View description>>

This article reports and analyses the results of a study of High Court negligence decisions from 2000 to 2010. The research establishes that the common law of negligence has been evolving toward the imposition of greater personal responsibility on plaintiffs in most circumstances, but especially in recreational activity cases. Further, the study reveals a substantial level of protection for public authority defendants at common law, challenging the assumptions that underpinned the significant statutory protections that were enacted in Australian jurisdictions from 2002 onwards. The data analysis therefore corroborates previous work of Australian tort law scholars and contradicts the claims made by policymakers at the start of the 21st century about the urgent need for tort law reform. Given that there has not been an empirical study of 21st century High Court negligence decisions to date, the study provides a foundation for future assessment of the effect of Australian tort law reform legislation.

Tian, Y 2014, 'Don’t sue us for search: Google’s unnecessary safe harbour appeal', the Conversation.
View/Download from: UTS OPUS

Townsley, L 2014, 'Thinking Like a Lawyer Ethically: Narrative Intelligence and Emotion', Legal Education Review, vol. 24, no. 1 & 2, pp. 68-92.
View/Download from: UTS OPUS

Trotter, A & Hobbs, H 2014, 'A historical perspective on juvenile justice reform in Queensland', Available at SSRN 2417546.
View/Download from: UTS OPUS

Trotter, A & Hobbs, H 2014, 'The great leap backward: criminal law reform with the Hon Jarrod Bleijie', Sydney L. Rev., vol. 36, pp. 1-1.
View/Download from: UTS OPUS

Trotter, A & Hobbs, H 2014, 'Under the Oak Tree: Institutional Reform in the Deep North'.
View/Download from: UTS OPUS

van Rijswijk, HM 2014, 'Archiving the Northern Territory Intervention in Law and in the Literary Counter-Imaginary', The Australian Feminist Law Journal, vol. 40, no. 1, pp. 117-134.
View/Download from: UTS OPUS

Varnham, S 2014, 'Rights and Realities in Australian and New Zealand Education: ‘regular and systematic and not unsuitable’?', International Journal for Education Law and Policy, no. Special, pp. 97-125.
View/Download from: UTS OPUS
View description>>

Education: the key to lifes expectations and a nations future. The right to an education is fundamental. It is enshrined in several international conventions which have been ratified by Australia and New Zealand. The rights therein are now contained expressly or impliedly in the education legislation of most Australian states and territories, and in the New Zealand Education Acts of 1964 and 1989. This article discusses the extent of the right to education, the accompanying responsibilities, and the realities surrounding the exercise of that right in the free, compulsory and secular' education systems of Australia and New Zealand. Within a wide brief it endeavours to provide a snapshot of topical issues within the '4 A' components'2 - that education is available, accessible, adaptable and acceptable for all persons.

Varnham, S, Evers, M, Booth, T & Avgoustinos, C 2014, 'Democracy in Schools: Encouraging Responsibility and citizenship through student participation in school decision making', International Journal of Law and Education, vol. 19, no. 1, pp. 73-91.
View/Download from: UTS OPUS
View description>>

What should be the place of children’s voices in the running of their schools and in their education? Sadly, in Australia this question is often overlooked in the shifting sands of education policy. Commonly, state and federal governments focus on schools solely through a lens of educational attainment. Increasingly, the emphasis seems to be on the development of the national curriculum, and on the measuring of school and student performance in public examinations, publicised now on the MySchools website. Meanwhile, the media often focus on the behavioural problems with which schools are dealing and statistics reveal an increasing trend towards student disengagement from school through truancy and exclusion. The procedures for addressing problems, prescribed in policy and legislation, tend to be reactive rather than proactive. The formulation and establishment of the United Nations Convention on the Rights of the Child (UNCROC) has led to a mounting global discussion on the rights of children generally. Particularly relevant in the education context is the right of participation set out in Article 12(1) and the link between the development of citizenship principles through democratic practices in schools, and nation-building.3 While participatory and restorative practices in education have been the subject of debate for several decades, and have been implemented elsewhere, such concepts have been slow to enter public consciousness in Australia. The teaching of citizenship in schools here has concentrated on civics classroom education. Increasingly though educators in Australia are taking the initiative in their schools to introduce citizenship by practice and example within the school structure, by ‘doing’ rather than just ‘teaching’. Many of these practices are associated with active citizenship and democracy, and are based on participation in decision making in schools, including in the restoration of interpersonal relationships. Where measures are implemented ...

Fallah, K.L. 2014, 'Making War and Making Law: The Corporation in the Global Regulation of Military Violence', Corporate Power in Global Society: Explication, Critique, Engagement, and Resistance, Harvard Law School.

Fallah, K.L. 2014, 'Performing the Ceremonies of Law: Quasi-Legal Accountability Measures as Legitimation Bids', Law and Boundaries / Droit et Limites, Sciences Po Law School, Paris.

Heino, B 2014, 'Regulation theory and Australian labour law: from antipodean Fordism to liberal-productivism', Association of Industrial Relations Academics of Australia and New Zealand, Melbourne.

Li, G 2014, 'Case Studies Improve Multi-cultural Interactions', Enhancing Understanding of domestic and international students interactions Symposium, University of Sunshine Coast.

Libesman, T & McMillan, M 2015, 'Indigenous children, violence and the rule of law', Epistomologies of the South, Coimbria, Portugal.
View description>>

Minority Indigenous children in colonial democracies experience exceptional levels of violence and neglect from forces external to and within their communities. Human rights and the rule of law offer the promise of equality, respect, security and protection against arbitrary abuses of power; values which are frequently denied to Indigenous children.. Can the rule of law, in the context of a pluralised human rights framework, embody understandings which are generated by Indigenous communities and thereby reaffirm fidelity to the promise of normative order and security to Indigenous children

Nossar, I., Johnstone, R., Macklin, A. & Rawling, M.J. 2014, 'Protective Legal Regulation for Home Based Workers in the Textile, Clothing and Footwear Industry', Journal of Industrial Relations 'Supply Chains' Symposium, Business School, University of Technology Sydney.

Rawling, M.J. 2014, 'Mandatory Regulation of Supply Chains to Protect Workers: How it works and the next logical step', Anti-Slavery Australia - Ethical Supply Chains: How do we ensure that Human Rights are Protected?, Faculty of Law, University of Technology Sydney.

Rawling, MJ 2014, ''Regulating supply chains to protect road transport workers: An assessment of the Road Safety Remuneration Tribunal'', Australian Labour law Association 7th Biannual conference 'Under the Microscope: The next Phase of Australian Labour Law?', Novotel Manly Pacific Sydney.

Riley, S 2014, 'INVASIVE ANIMALS: KILLING FOR THE GREATER GOOD OR SHSORT-TERM EXPEDIENCY?', All Things Great and Small: Interdisciplinary Interspecies Community, UC Davis Conference Center – The Interdisciplinary Animal Studies Group at UC Davis.
View/Download from: UTS OPUS
View description>>

Abstract The regulation of ‘invasive’ or ‘pest’ animals presents decision makers with many challenges. These include how to manage species that are instrumental in the decline of native biodiversity, or otherwise conflict with the human use of natural resources. In this context, philosophies of environmental ethics regard the value of animals as an integral component of the decision-making process. This calls into question how regulators appraise competing interests and whether regimes should be shaped by utilitarian notions of welfare or extend to consideration of the life of individual species. Using the Model Codes of Practice for the Humane Control of animals such as goats, camels, donkeys and horses (Model Codes), the paper explores how invasive or pest animals are regulated in Australia. The description of pest animals in the Model Codes includes species that are ‘troublesome’ or a ‘general nuisance’. While these descriptors considerably widen the reach of the regime they do not automatically determine how society should deal with ‘pest’ species. The paper argues that the Model Codes become a locus for acquiescing on the impacts of ‘pest’ animals as well as deciding what welfare considerations are relevant to their eradication. At the same time, welfare concerns are rationalised to the point that killing becomes the preferred regulatory option. Indeed, by invoking the risk that invasive or pest species pose, the Model Codes conclude that the species must be killed otherwise management goals remain unfulfilled. Killing animals thus becomes an assimilated part of the reality of natural resource management. Yet this approach does not adequately consider either the long-term effectiveness of culling or the morality of wholesale killing.

Schofield-Georgeson, E 2014, ''Mad' Edwin Withers and the Struggle for Fair Trial Rights at Parramatta', Australia and New Zealand Law & History Society Conference, Coffs Harbour.

Steele, LR 2013, 'On the Edge of Jurisdiction: Cognitive Disability and the Criminal Law', Law on the Edge, Joint CLSA/LSAANZ Conference, Vancouver, Canada.

Stuhmcke, AG 2014, 'Undefined and Under Valued: The Systemic Role of the Classical Ombudsman Institution', 3rd Annual International Conference Proceedings, Law, Regulations and Public Policy, Global Science & Technology Forum, Bangkok, pp. 48-54.
View/Download from: UTS OPUS
View description>>

The classical ombudsman institution may have two roles – proactive system fixer and reactive individual complaint taker. It is generally assumed that these dual roles are related in that improvements produced by one role will impact upon the other. Here it is most often implied in public law literature, that the correction by an ombudsman of a systemic administrative deficiency through its systemic function will reduce numbers of individual complaints. Using empirical data based upon a ‘snapshot in time’ study of the Australian Commonwealth Ombudsman this article argues that this traditional assumptions as to the relationship between the two roles is flawed. The findings of the study presented in this article will impact upon the operation of the ombudsman institution and provide insight into ways in which the role and performance of such a growing international integrity review body may be strengthened.

Tian, Y 2014, 'Cloud Computing and Copyright', Fifth Asia-Pacific Innovation Conference, Sydney.

Tian, Y 2014, 'Cloud Computing and Personal Data Protection Law in China', 2014 Annual Workshop on Chinese Law, Annual Workshop on Chinese Law, China Studies Centre and Faculty of Law, The University of Sydney, Sydney, Australia.

Tian, Y 2014, 'Recent Development of Cloud Computing and Content Regulation', Trans-Pacific Intellectual Property Roundtable (invited only), University of New South Wales.

Burn, JM 2014, Anti-Slavery Australia submission to the Senate Legal Affairs Committee Inquiry into the Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Bill 2014, pp. 1-1, Parliament of Australia Website.
View/Download from: UTS OPUS
View description>>

This submission supports the Crimes Legislation Amendment (Psychoactive Substance and Other Measures) Bill 2014. It notes that the legislative changes are consistent with Australia’s obligations under international law.

Burn, JM 2014, Anti-Slavery Australia submission to the Senate Legal and Constitutional Affairs Committee Inquiry into Migration Amendment (Regaining Control over Australia’s Protection Obligations) Bill 2013, pp. 1-6, Parliament of Australia website.
View/Download from: UTS OPUS
View description>>

This submission argues against the repeal of complementary protection provisions under the Migration Act 1958 (Cth). Complementary protection offered victims of human trafficking the chance of a visa without relying on their participation in the criminal justice procedure. The legislation proposes that these provisions be replaced with an ‘administrative process’. Anti-Slavery Australia has grave concerns about the lack of clarity over what this process will involve.

Burn, JM & Evenhuis, M 2014, 'Just Married, Just a Child': Child Marriage in the Indo-Pacific Region, Plan International Australia website.
View/Download from: UTS OPUS
View description>>

A detailed report on the many facets of child marriage, from its cause and impact to the necessary steps we must take to end the practice. There is also specific focus on Australia and the Indo-Pacific region and the role of the Australian government in ending child marriage.

Dehm, S Australian Human Rights Centre 2014, Ingram Workshop on Migrant Labour Recruitment in the Asia Pacific Region: Workshop Report.

Prior, JH & Crofts, P 2014, Environment Protection Authority Responses to Illegal Dumping in NSW: An analysis of clean-up notices and prosecutions, no. 1, pp. 1-48, prepared for NSW Environment Protection Authority, by Institute for Sustainable Futures, Faculty of Law, UTS, Sydney, Australia.

Riley, S The Australian Senate 2014, Submission to the Australian Senate Inquiry Into Environmental Biosecurity (Senate Environment and Communications References Committee, INQUIRY INTO ENVIRONMENTAL BIOSECURITY, pp. 1-10, Canberra.
View/Download from: UTS OPUS

Stoianoff, NP, Cahill, A, Wright, E & Marshall, V UTS – Indigenous Knowledge Forum & North West Local Land Services (NSW)) 2014, Recognising and Protecting Aboriginal Knowledge Associated with Natural Resource Management - White Paper for the Office of Environment and Heritage, NSW, 2014, pp. 1-137, Sydney.
View/Download from: UTS OPUS

Vrdoljak, A, Torggler, B, Abakova, M & Rubin, A UNESCO 2014, Evaluation of UNESCO’s Standard-setting Work of the Culture Sector Part II – 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, pp. 1-170, France.
View/Download from: UTS OPUS
View description>>

As the only UN agency with a mandate in culture, UNESCO has developed a comprehensive series of standard-setting instruments in this field, including six main culture conventions, many recommendations and a number of declarations. Significant time and resources are spent on standardsetting activities related to these instruments and even though the visibility of some of this work is high, no comprehensive evaluation has ever been conducted of the standard-setting work of UNESCO. It is in this context that UNESCO decided to conduct this evaluation. Evaluation purpose, scope and methodology The purpose of the overall evaluation is to generate findings and recommendations regarding the relevance and the effectiveness of the standard-setting work of the culture sector with a focus on its impact on ratification; on legislation, policies, and strategies of Parties to UNESCO’s culture conventions; and on the implementation of the conventions at the national level. A separate report by the IOS Audit Section assesses the adequacy and efficiency of the working methods used in the standard-setting work. The evaluation aims to help the UNESCO Culture Sector, Senior Management and the Governing bodies of the conventions to strengthen, refocus and better coordinate the organisation’s standard-setting activities. It also wants to contribute to generating a better understanding about how conventions work in practice, i.e. how they affect legislation and policies of Parties and the behaviour of key institutional actors. It thereby intends to serve as a source of information for Member States, who have the primary responsibility for the implementation of the standard-setting instruments at national level. The overall evaluation examines four of UNESCO’s culture conventions (1970, 1972, 2003 and 2005). The present report constitutes part two of the overall evaluation. It focuses on the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfe...

Alexander, I, Burrell, R, Handler, M, Hudson, E & Weatherall, KG 2014, 'Addressing Copyright Infringement Online Through Secondary Liability and Website Blocking: A Submission to the Australian Government'.
View/Download from: UTS OPUS
View description>>

This submission responds to two proposals by the Australian government to address online copyright infringement (1) expanding secondary liability for copyright infringement (the doctrine of authorisation) to increase the ‘incentives’ for network access providers to ‘cooperate’ with copyright owners, and (2) introducing a mechanism to allow copyright owners to apply to the court for an injunction to block overseas websites with the ‘dominant purpose’ of facilitating copyright infringement. The submission argues against the expansion of secondary liability, outlining the many problems that have resulted in recent years in Australia from legislative attempts to ‘clarify’ or codify the doctrine of authorisation. It points out the hybrid nature of the Australian law prohibiting ‘authorisation’ of copyright infringement, as a creature of both statute and common law, and how this impacts on legislative attempts to guide the courts. It also points out that internet service provider safe harbours, introduced as a result of Australia’s Free Trade Agreement with the US, would also undermine the government’s goals. In relation to website blocking, the submission reviews developments in Europe and elsewhere and suggests a range of safeguards and limitations that should be considered, including limiting availability of an injunction to cases of serious infringement, where the injunction will not impact on lawful access, ensuring that the order does not impact adversely on the ability of network providers to run a business, ensuring natural justice and procedural fairness. We also argue for a sunset clause to ensure proper review of its operation after an appropriate period. The submission also examines, and rejects, an argument that Australia’s bilateral trade agreements with the US, Singapore, Korea and/or Japan require Australia to expand the liability of internet access providers for copyright infringement by their customers.

Booth, T. 2014, 'Victim Impact Statements to Sway Homicide Penalties? Think Again', The Conversation Media Trust.
View description>>

In the wake of the sentencing of Kieran Loveridge for the manslaughter of Thomas Kelly, the NSW government has been busy implementing new sentencing laws. As part of this activity, the government is now consulting with interested stakeholders about a proposal to change the states sentencing laws so that sentencing courts `may take account of victim impact statements (VISs) from members of the deceaseds family (family victims) in determining the penalty that is imposed on homicide offenders. This article explains why such a change to the law has the potential to be significantly detrimental to the interests of family victims in the sentencing hearing and should not go ahead.

Burn, JM 2014, 'Proposal for a national compensation scheme for trafficked people', pp. 1-2.
View/Download from: UTS OPUS
View description>>

Proposal outlining the need for a national compensation scheme for victims of trafficking, drawing attention to Australia’s international reparation obligations and recommending that a working party be formed to investigate the creation of a federal scheme.

Carter, DJ 2014, 'Australian Prosecutions for Manslaughter by Criminal Negligence in the Medical and Health Context - Medical Manslaughter (1839-2013)'.
View/Download from: Publisher's site
View description>>

This dataset contains research data associated with the criminal prosecution of manslaughter by criminal negligence and cognate offences arising in the healthcare and medical context in Australia with accompanying reference to primary and secondary sources including newspaper reports, archival sources. It is part of a larger project which investigates the incidence of such 'medical manslaughter' prosecutions in the jurisdiction. The research data collected over the life of the project provides evidence for a larger number of prosecutions than had been acknowledged by the scholarly and historical literature to date.

Fallah, KL 2014, 'If G4S is to Blame for Manus Violence, the Government has Blood on Its Hands'.
View/Download from: UTS OPUS

Leary, DK 2014, 'Planning Law: Friend or Foe of Renewable Energy?'.
View/Download from: UTS OPUS
View description>>

This paper highlights several aspects of the emerging body of law relating to renewable energy across Australia with a particular focus on the east coast jurisdictions. It argues that pricing carbon (the incorrectly named ‘carbon tax’) and the renewable energy target scheme are actually only a small part of the regulatory equation when it comes to renewable energy in Australia. Focusing on regulation of the national electricity market and planning law, the paper argues that proponents of renewable energy projects face a myriad of regulatory hurdles that often act contrary to the professed legislative objective of both the carbon price and the renewable energy scheme to promote the growth of renewable energy.

Lenta, P 2014, 'The Selfless Constitution: Experimentalism and Flourishing as Foundations of South Africa’s Basic Law, by Stu Woolman', HeinOnline.

Methven, E 2014, 'Section 18C and unravelling the government’s ‘freedom agenda’', The Conversation.

Schofield-Georgeson, E 2014, 'Bikies, unions...and the ABCC? Spinning the policing of work', The Conversation.

Schofield-Georgeson, E 2014, 'Criminal Procedure in New South Wales, 1788-1861'.

Schofield-Georgeson, E 2014, 'Fair work or more productivity? Revived ABCC will deliver neither', The Conversation.

Vogl, A 2014, 'Asylum Seeker Code is a Rhetorical Tool – with Severe Consequences', The Conversation.

Vogl, A 2014, 'On Asylum Seekers, International Law can't Hold Back this Government', The Guardian.