Publications

Bowley, R 2022, Preventing Terrorist Attacks at Sea, 1, Routledge, Abingdon, United Kingdom.
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Over recent decades, it has been widely recognised that terrorist attacks at sea could result in major casualties and cause significant disruptions to the free flow of international shipping. After discussing the overlaps and distinctions between piracy and maritime terrorism, this book considers how the International Ship and Port Facility Security Code, and other vessel identification and tracking measures in the 1974 International Convention for the Safety of Life at Sea, would be likely to reduce the risk of terrorist attacks at sea. It explains how the 1982 United Nations Convention on the Law of the Sea is less than clear on the powers of states to protect offshore installations, submarine cables and pipelines from interference by terrorists. In light of these uncertainties, it considers how the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against Maritime Navigation, the doctrine of necessity and states’ inherent self-defence rights might apply in the maritime security context. A significant contribution of the book is the formulation of the Maritime Terrorism Threat Matrix, which provides a structured framework for examining how maritime terrorism incidents have occurred, and might occur in the future. The book also examines the relevant national maritime security legislation for preventing maritime terrorist attacks in the United Kingdom and in Australia. The book concludes by formulating guidelines for the unilateral interdiction of suspected terrorist vessels in exceptional circumstances, and recommending priorities for governments and international maritime industries to focus on in order to reduce the risk for terrorist attacks at sea. It will be of interest to those working in the areas of Law and Terrorism, Law of the Sea, Maritime Law and Insurance and International Law.

Bowley, R 2022, Preventing the Maritime Facilitation of Terrorism, 1, Routledge, Abingdon, United Kingdom.
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In the aftermath of the 9/11 attacks, concerns that terrorists might utilise vessels to transport weaponry, terrorist operatives and/or to finance their activities prompted several international legal developments. This book evaluates the extent to which the international maritime security measures developed following the 9/11 attacks would be likely to prevent the utilisation of vessels to facilitate terrorist activities. It considers the likely effectiveness of the International Ship and Port Facility Security Code for improving vessel and port security, and the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against Maritime Navigation in facilitating the interdiction of suspected terrorist vessels. It also explains how the US-led Proliferation Security Initiative - a cooperative effort through which participant governments agree to prevent the illicit transfers of Weapons of Mass Destruction and related materials – has provoked debate about the legality of vessel interdictions under the United Nations Convention on the Law of the Sea (the LOSC). After exploring alternative interpretations of the LOSC, and states’ self-defence rights under Article 51 of the Charter of the United Nations, it formulates suggested guidelines for the unilateral interdiction of suspected terrorist support vessels in exceptional circumstances. The book also discusses the relevant recommendations by the OECD’s Financial Action Taskforce for preventing the financing of terrorism, and the national maritime security legislation for preventing the maritime facilitation of terrorist activities in the United Kingdom and in Australia. The book concludes by emphasising the importance of the continual active implementation of ship, port facility and supply chain security measures, and of further enhancing international cooperation to facilitate vessel interdictions. It will be of interest to those working in the areas of Law and Terrorism, Law of the Sea, Maritime Law a...

Hawes, CSC 2022, The Chinese Corporate Ecosystem, Cambridge University Press.
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the compound term natural-human ecosystem as the environment within which businesses operate. Thefinal element overlooked in Moore's model of business ecosystems is the tension between ecosystems and traditional legal structures, ...

Hobbs, H & Williams, G 2022, How to Rule Your Own Country The Weird and Wonderful World of Micronations, NewSouth.
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How to Rule Your Own Country is a lively account of the people who decide that 'enough is enough' and create their own nation.

Hobbs, H & Williams, G 2022, Micronations and the Search for Sovereignty, Cambridge University Press.
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Political disagreement is a fact of life. It can prompt people to stand for public office and agitate for political change. Others take a different route; they start their own nation. Micronations and the Search for Sovereignty is the first comprehensive examination of the phenomenon of people purporting to secede and create their own country. It analyses why micronations are not states for the purposes of international law, considers the factors that motivate individuals to separate and found their own nation, examines the legal justifications that they offer and explores the responses of recognised sovereign states. In doing so, this book develops a rich body of material through which to reflect on conventional understandings of statehood, sovereignty and legitimate authority. Authored in a lively and accessible style, Micronations and the Search for Sovereignty will be valuable reading for scholars and general audiences.

Riley Munton, J, Sappideen, C, O'Grady, P, Smith, B & Munton, J 2022, Macken's Law of Employment 9th edition, 9th, Thomson Reuters, Sydney.

Sanson, M & Anthony, T 2022, Connecting with Law, 2nd, Oxford University Press, Melbourne.
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The text will engage you, using contemporary examples and case studies to help you connect with the law.

Sheldon, S, Davis, G, O'Neill, J & Parker, C 2022, The Abortion Act 1967, Cambridge University Press.
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Biography of the Abortion Act, exploring how it was shaped by and shaped a changing UK.

Vijeyarasa, R 2022, The Woman President Leadership, Law and Legacy for Women Based on Experiences from South and Southeast Asia, Oxford University Press, Oxford, United Kingdom ; New York, NY.
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By analysing the legal legacies of four women presidents in Asia, this book challenges and expands our understanding of what constitutes a woman's issue.

Anthony, T 2022, 'Criminal Justice Issues' in Kirby, M (ed), The Laws of Australia, Thomson Reuters.

Anthony, T & McGrady, L 2022, 'Pandemic policy, First Nations, and the power of self-determination' in Indigenous Health and Well-Being in the COVID-19 Pandemic, Routledge, UK, pp. 94-109.
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The COVID-19 pandemic has been an ongoing health risk for First Nations people. The experience of the 2009 H1N1 pandemic in Australia provided a catalyst for institutional change of governmental response to health risks for First Nations people in Australia. This experience allowed First Nations communities to gain control over their own responses to pandemics. This came into full effect during the COVID-19 pandemic. What resulted were few infections and no fatalities during 2020 for First Nations Australians. This reversed the position of a colonial heritage of governmental disease control. This model of self-determination can provide guidance for other First Nations populations in promoting community-controlled responses. The strength of this self-determination model will continue to be tested with the ongoing threat of COVID-19. Successive waves of COVID-19 in 2021 have placed increasing pressure on community health, and discriminatory policing has threatened wellbeing.

Anthony, T, Bartels, L, Lachsz, A, Caruana, S & Gerry, F 2022, 'Australia' in The Impact of Covid-19 on Prison Conditions and Penal Policy, Routledge, pp. 7-25.
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Biber, K 2022, 'Destroyed Records' in Fiddler, M, Kindynis, T & Linnemann, T (eds), Ghost Criminology The Afterlife of Crime and Punishment, NYU Press, New York City, pp. 155-155.
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Abstract:Destroying records, documents and evidence is a commonly-used bureaucratic technique for mitigating the potential dangers of their dissemination. This occurs where evidentiary material contains, for instance, biohazardous substances such as blood, or contaminants such as asbestos, or other illicit ingredients, such as narcotics. Smuggled wildlife is frequently euthanised. Legal and administrative records will be retained for a prescribed period, after which they may be destroyed. Certain public records, in order to preserve secrecy or confidentiality, may be redacted, cancelled or deleted. This chapter discloses the range of ways that criminal evidence and records are destroyed or damaged as legitimate state practices. What remains of these destructive practices are ghostly apparitions, spectres of crime, and these generate new spectacles and new fears. This chapter understands these destructive state practices as acts that invoke ghosts. These ghosts are the traces of dead records, documents and evidence, things that were killed in the administration of justice.

Bowley, R 2022, 'Recent Directions in the Regulation of Insurance Claims Handling in the United Kingdom and Australia: A Model for Other Jurisdictions to Consider?' in AIDA Europe Research Series on Insurance Law and Regulation, Springer International Publishing, pp. 263-295.
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AbstractThis chapter examines recent developments in the regulation of insurance claims handling in the United Kingdom and in Australia. It commences by reviewing the relevant Insurance Core Principles developed by the International Association of Insurance Supervisors which articulate the standards that national supervisors should implement to effectively regulate the handling of claims and the resolution of disputes with policyholders. From this basis, it then examines the various rules developed by the Financial Conduct Authority to regulate claims handling in the United Kingdom, and through the use of case studies discusses how compliance with these rules has been monitored and enforced. The chapter then examines the legal framework for regulating insurance claims handling in Australia, which has been significantly expanded following the implementation of the reforms recommended by the 2019 Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. The chapter concludes that the approaches adopted in these two jurisdictions could provide a model for similar jurisdictions considering similar regulatory challenges.

Crofts, P 2022, 'Gosport Hospital, Euthanasia and Serial Killing' in Carter, D & Fleming, D (eds), Voluntary assisted dying: Law? Health? Justice?, ANU, Canberra, pp. 155-178.
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This chapter extends Hesketh’s analysis in two ways. First, I take up Hesketh’s invitation to extend analysis beyond individual culpability to highlight group culpability and systemic failure in the homicides of patients at Gosport Hospital. Second, I relate serial killer analysis to provide insight into euthanasia – almost a taboo topic. I will consider legal regulation of euthanasia in light of this analysis. This approach is suggested in part by the timing of events at Gosport Hospital. The earliest police investigations into Doctor Barton occurred soon after Doctor Harold Shipman was convicted of murdering 15 elderly patients with lethal injections of morphine in January 2000.7 Shipman was arrested for murder on September 1998. A public inquiry was launched in June 2001 to investigate the extent of his crimes, how they went undetected for so long and what could be done to prevent the repeat of the tragedy. Although Shipman was regarded as an isolated example of serial killing by a medical professional, the killings at Gosport Hospital occurred across the same time period. The Gosport Report, published in 2018, revealed that the same concerns about investigation and prevention of mass homicides by the medical profession remained unresolved.

Crofts, P 2022, 'The townspeople of Derry in Stephen King's IT: Bystanders and Responsibility for evil' in May, W (ed), Encountering Pennywise: Critical Perspectives on Stephen King's IT, University Press of Mississippi, Mississippi, pp. 115-134.
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Although in Stephen King's IT, Pennywise the evil, supernatural monster is the most obvious and fabulous villain, a great deal of the horror of IT lies in the representation of the complicity of the townspeople of Derry. IT illustrates the ways in which evil flourishes because the bystanders around the perpetrator fail to intervene and therefore are part of a conspiracy of silence. IT offers a meditation on the significance of context in the tolerance of, and failure to prevent, evil. This complicity is all too common. This chapter explores the culpabilty of bystanders, through an analysis of the bystanders in the novel and the individuals and organizations that surrounded and shielded Larry Nassar while he sexually abused American gymnasts for decades with seeming impunity.

Goldblatt, B 2022, 'The Right to Social Security' in Langford, M & Young, K (eds), The Oxford Handbook of Economic and Social Rights, Oxford University Press, Oxford, UK, pp. 1-21.
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Abstract The chapter considers the origins and purpose of the right to social security and its status in international law, regional human rights instruments, and national constitutions. It discusses the developing interpretation of the right in international law and in national jurisprudence and examines the right in relation to welfare cutbacks in the context of increasing austerity in the Global North and the growth in social security provision in the Global South as a response to poverty, including with regard to the ILO’s recommendation for social protection floors. The chapter gives particular consideration to the relationship between the right to social security and equality. It also focuses on two further issues that touch on core questions regarding the interpretation of the right to social security: conditionality and a basic income. All three discussions point to central considerations of access to the right, its scope, and its purpose. It should be noted that, since the time of writing, the COVID-19 pandemic has presented an extreme new context in which to consider how the right to social security links with vulnerability, equality, and solidarity. While this analysis, especially in relation to conditionality, basic income, and equality, is pertinent to the response to the health and economic crisis that has followed COVID-19, this chapter does not incorporate a discussion of international and national responses.

Heino, B 2022, 'The regulation approach' in Handbook of Alternative Theories of Political Economy, Edward Elgar Publishing, pp. 173-187.
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This Handbook provides an overview of established and cutting-edge contributions to political economic thought. Chapters by leading and emerging scholars showcase the diverse approaches and productive debates among researchers.

Hohmann, J 2022, 'Property and the right to housing' in Graham, N, Davies, M & Godden, L (eds), The Routledge Handbook of Property, Law and Society, Routledge, pp. 125-136.
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Hohmann, JM 2022, 'Treaty Documents – Materialising International Legal Agreement' in Biber, K, Luker, T & Vaughan, P (eds), Law's Documents: Authority, Materiality, Aesthetics, Routledge, pp. 159-177.
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Hohmann, JM & Goldblatt, B 2022, 'Introduction: Situating the Right to Continuous Improvement of Living Conditions and Considering its Interpretations and Applications'.

Kirkby, D 2022, 'Labour Law' in Cane, P, Ford, L & McMillan, M (eds), The Cambridge Legal History of Australia, Cambridge University Press, Cambridge, pp. 671-692.
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Featuring contributions from leading lawyers, historians and social scientists, this path-breaking volume explores encounters of laws, people, and places in Australia since 1788.

Kirkby, D, Robertson, E & Monk, L-A 2022, '“Traditionally reserved for men”: the 1970s working women’s campaign for liberation in Australia,’' in Betti, E, Papastefanaki, L, Tolomelli, M & Zimmerman, S (eds), Women, Work and Agency. Organizing and activism around the world in the long 20th century, Central European University Press,, New York/Budapest, pp. 103-121.
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In Australia in the early 1970s, the emergence of the women’s liberation move- ment turned its attention to the role of trade unions in bringing about change. A transforming labor market saw a rise in women’s employment. Women’s activism pressed individual unions and the highest union body, the Australian Council of Trade Unions (ACTU), to adopt policies that could improve women’s earning power through access to higher-paid occupations. This chapter traces the progress of this policy development to get women into non-traditional occupations. We document the impetus for change and influence that flowed be- tween the ACTU and the unions. A Working Women’s Charter Campaign was organized throughout Australia and convened a number of conferences between 1975 and 1977 with the aim of having the charter adopted by the ACTU and individual unions. Through a focus on key unions in the transport industry, our research illuminates the influence of women’s activism on the Australian labor movement and shows the impact on unions as organizations “traditionally reserved for men.” By the 1980s, the success of the Working Women’s Charter led to women taking on leadership roles.

Libesman, T, Ellinghaus, K & Gray, P 2022, 'Colonial Law and its Control of Aboriginal and Torres Strait Islander Families' in The Cambridge Legal History of Australia, Cambridge University Press, UK, pp. 433-455.
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The persistence of state violence perpetrated against Aboriginal and Torres Strait Islander families is evident from first contact to contemporary child welfare interventions. These interventions have been authorised by laws and policies which have forcefully separated children from their families and communities legally and illegally, separated families through exerting control over where they could live, who could marry whom, and how their identity was legally defined. These laws and policies have also systematically excluded Aboriginal and Torres Strait Islander families from opportunities and benefits for wealth creation, laying the foundations for inter-generational experiences of poverty and trauma. The shift from formal discrimination under the auspices of ‘protection’ to assimilation saw an increase in interventions and removal of Aboriginal and Torres Strait Islander children from their families. There is continuity across different laws and policies in the presumptions about western family superiority, the embedding of non-Indigenous priorities and aspirations in law and policy, and the failure of the state to take responsibility for inter-generational harms perpetrated, or a willingness to relinquish power exercised over Aboriginal families.

Lindsay, D 2022, 'Australian and EU Policy Responses to Algorithmic News Distribution: A Comparative Analysis' in Palgrave Global Media Policy and Business, Springer International Publishing, pp. 127-149.
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Loughnan, C & Dehm, S 2022, 'Passports and Pandemics: Strategies of Exclusion through the ‘Medical Border’' in Matera, M, Loughnan, C & Tubakovic, T (eds), Anthology: The Impact of the Pandemic on Border (Im)mobility, The University of Melbourne, pp. 35-38.

Ma, X, Rogers, D, Nelson, J & Wang, Y 2022, 'Foreign Real Estate Investment and International Education as a Family Wealth Strategy' in Families, Housing and Property Wealth in a Neoliberal World, Routledge, pp. 155-173.
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Munton, JR 2022, 'The Participants' in Fleming, J (ed), A New Work Relations Architecture, Hardie Grant, Melbourne, pp. 168-182.

Nelson, JK 2022, 'Family events as sites for racism and anti-racism' in Fletcher, T (ed), Family Events, Routledge, pp. 147-160.
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O'Brien Webb, E & Somes, T 2022, 'Property, housing, and aged care' in The Routledge Handbook of Property, Law and Society, Routledge, pp. 165-178.
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Simmonds, A 2022, 'The Legal History of Non-Indigenous Marriage' in Cane, P, Ford, L & McMillan, M (eds), The Cambridge Legal History of Australia, Cambridge University Press, UK, pp. 456-481.
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Marriage is not a timeless ritual devoted to consecrating the private feelings between two individuals, but rather a legal and social institution policed “at its entrance and exit” by the state and capable of extraordinary change over time. Beginning in the early colonial period and ending with gay and lesbian marriage reform in the early twenty-first century, this chapter traces three crucial shifts in the history of marriage: first, the shift from informal cohabitation to official state-sanctioned marriage; second, the gradual tilting of the balance away from male headship to liberal individualism; and finally, the deinstitutionalisation of marriage in the early twenty-first century. On one level, this is a story of progress. For much of the Victorian era marriage was an institution that legally codified relations of male dominance and female submission, confining women to the private sphere, turning them into dependent wives, taking away their children in cases of divorce and sanctioning marital violence. A series of legislative shifts across the two centuries, particularly the Married Women’s Property Acts and Divorce Law Reform, as well as social movements towards gender equality have replaced the principle of male headship that once characterised marriage with more egalitarian notions of liberal individualism. What constitutes the terms of marriage and the partners to a marriage is now largely a matter for individuals rather than the state. Yet this legal history is more elliptical than linear, and less triumphalist than we might imagine. Our preference for cohabitation today could be paralleled to that of colonists in early colonial Australia, polygamy continues to be prohibited by law and, far from marriage having been displaced by de-facto arrangements it maintains its position at the pinnacle of social and legal hierarchies of intimacy.

Simmonds, A & Reiter, EH 2022, 'The Legal History of Emotions' in The Routledge History of Emotions in the Modern World, Routledge, UK, pp. 423-439.
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The legal emotions history is a theoretically and methodologically pluralistic field that brings into dialogue scholarship by legal scholars on ‘law and emotions’ and scholarly work by historians on the ‘history of emotions’. It subjects historical legal records to jurisprudential and historiographical critique to explore how emotions shaped legal relations and how law and its institutions sought to control, regulate or foster certain emotions. By centring emotions in legal history, the field undermines assumptions about the timelessness or spontaneity of emotions and destabilises positivist perceptions of modern law as the ‘perfection of reason’. Beginning with an overview of trends in both legal and historical approaches to the topic, this chapter offers a taxonomy of future research directions and concludes with a call to decolonise the legal emotions history by moving beyond western legal archives to engage with a plurality of legal languages and epistemologies.

Stuhmcke, A 2022, 'Government Watchdog Agencies and Administrative Justice' in Hertogh, M, Kirkham, R, Thomas, R & Tomlinson, J (eds), The Oxford Handbook of Administrative Justice, Oxford University Press, London, pp. 115-136.
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AbstractWatchdog agencies render government accountable to the citizen and play an important role in raising standards of public administration. Yet, in what is a global phenomenon, watchdog agencies struggle to keep pace with the realities of modern government. Often lacking formal constitutional or legislative protections, watchdog agencies are susceptible to use for political purposes. This article suggests that the normative framing of ‘integrity’ may guard against this structural vulnerability. Australia is discussed as a case study of a jurisdiction where integrity may facilitate the service of watchdog agencies to administrative justice rather than to the underlying administration of the state.

Thomson, M 2022, 'Masculinity, Reproductivity and Law' in Ethics, Law and Society, Routledge, pp. 135-147.
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van Rijswijk, H 2022, 'Law and the aboriginal girl' in Intersemiotic Perspectives on Emotions, Routledge, pp. 130-144.
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Vijeyarasa, R 2022, 'Additional Laws considered inThe Woman President', Oxford University PressOxford, pp. 279-283.
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Vijeyarasa, R 2022, 'Analysing the Legal Legacies of Women Leaders' in The Woman President, Oxford University PressOxford, pp. 17-35.
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AbstractChapter 2 lays out the key elements of the framework that underpins this study of women leaders and the law. First, the law and legal systems are presented as one of the major levers in the advancement of women’s rights. A three-pronged definition of what constitutes a ‘legal legacy’ is offered. Second, the chapter identifies the considerations behind the selection of three South and Southeast Asian countries for this comparative study. The geographic patterns in women executive’s participation, shared histories of colonial rule and their gendered impact, and a dynamic of highly influential religious actors, help explain the choice of Indonesia, the Philippines and Sri Lanka as three nations on which to base The Woman President’s assessment of the footprint of female presidents on the law. This framework is completed with the complex task of defining ‘women’s interests’ or ‘women’s issues’ in a way that seeks to challenge the monolithic notion of ‘women’ and bring within this book a diversity of women’s movements and activists, from conservative to radical.

Vijeyarasa, R 2022, 'How Presidents Shape the Law' in The Woman President, Oxford University PressOxford, pp. 36-65.
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AbstractKey distinctions exist between presidential, semi-presidential and parliamentary systems. Despite these, and the additional differences in how each of these political systems operate in practice at the national level, there have been a breadth of scholarly efforts to quantify executive power, particularly within presidential systems. Chapter 3 explores the sharp criticisms directed to some of these dominant methodologies and why challenges emerge when we attempt to quantify and aggregate what are, in practice, distinct uses of executive power. In exchange, this chapter offers a taxonomy for understanding how president’s influence legislative outcomes. Applying this taxonomy, the chapter elaborates on the concrete powers that the four presidents exercised over the law in Indonesia, the Philippines and Sri Lanka as well as at different moments in history. In order to do this, the analysis brings to the discussion such issues as electoral promises, the importance of the State of the Nation Address (SONA) and how other formal political institutions were engaged, such as women’s machinery. Brief notes are made regarding presidents and their cabinet appointments, applying a particular gender lens.

Vijeyarasa, R 2022, 'Introduction' in The Woman President, Oxford University PressOxford, pp. 1-14.
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AbstractChapter 1 introduces readers to this comparative study of women’s leadership and the law. The chapter begins by offering the national and global contexts in which women rise to executive office, which is often hindered and slow. With few female presidents and prime ministers around the world, the chapter demonstrates a notable gap in comparative studies that link women’s leadership, legislation and the legacies of those leaders on the lives of fellow women. The chapter then presents the four women presidents—Presidents Aquino and Macapagal Arroyo of the Philippines, President Megawati of Indonesia and President Kumaratunga of Sri Lanka. Common themes are offered, including existing assumptions about the gendered footprint of women presidents and prime ministers, challenges with quantifying executive power, how domestic and international law are brought into this study and what new knowledge on women presidents can be placed on the theory-building table through experiences from Asia.

Vijeyarasa, R 2022, 'Leading for Women' in The Woman President, Oxford University PressOxford, pp. 117-153.
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AbstractHistory apportions little credit to Presidents Aquino, Kumaratunga, Macapagal Arroyo and Megawati for the advancement of fellow women. In contrast, Chapter 6 focuses on the positive legislative footprint of the four women leaders on women’s lives. A study of what is sometimes referred to as ‘women-friendly’ policies and legislation or ‘women’s issues and interests’ requires an acknowledgement that women are not a monolithic category. Hence the first part of this chapter identifies what constitutes ‘women’s interests’. It does so by situating the four leaders in the broader landscape of global and national women’s rights advocacy. Subsequently, each leader is studied in turn, starting with their inherited ‘gender machinery’ before exploring how the woman president brought legislative change in favour of women. The chapter navigates across a range of women’s issues often considered core to women’s rights: gender-based violence, women’s reproductive rights and women’s rights at work, including non-discrimination and maternity leave. The chapter demonstrates the notable degree to which the four women presidents played a role in the enactment of legislation that filled a significant gap in the domestic legal landscape.

Vijeyarasa, R 2022, 'List of Key Informant Interviews', Oxford University PressOxford, pp. 284-285.
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Vijeyarasa, R 2022, 'Measuring the Legislative Footprint' in The Woman President, Oxford University PressOxford, pp. 66-90.
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AbstractChapter 4 offers readers an overview of the multi-method, quantitative–qualitative data collection techniques used for this study. Three sets of data are presented. Enacted laws were analysed using the Gender Legislative Index (GLI), a world-first legal index that draws on data science and machine learning to evaluate individual provisions of individual laws for their gender-responsiveness. Such laws are evaluated against international women’s rights standards. As such, significant attention is given in this chapter to grounding this analysis in the lived realities of women and to exploring domestic ownership over the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in the three countries. Bi-directional links are drawn between international and domestic law. Second, this research involved interviews in all three countries, foremost with one of the former presidents who is the subject of this study—President Macapagal Arroyo—along with current and former members of parliament and government, national women’s rights institutions, the academy and civil society. Finally, speeches have been a key source of knowledge. Such speeches provide readers the publicly articulated viewpoint of the Woman President’s often carefully conceived political agendas and a sense of how those agendas intersected with legislative processes.

Vijeyarasa, R 2022, 'Ninety-Seven Laws Evaluated by the Gender Legislative Index', Oxford University PressOxford, pp. 263-278.
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Vijeyarasa, R 2022, 'Outside the Box' in The Woman President, Oxford University PressOxford, pp. 179-206.
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AbstractChapter 8 explores the woman leader’s decision-making in relation to areas of law for which a gender perspective is rarely adopted, or often done too superficially. This chapter begins with a critique of the tendency for women’s rights activism to focus on a narrow subset of women’s concerns. Subsequently, Presidents Aquino, Kumaratunga, Macapagal Arroyo and Megawati are studied in relation to a particular legal or policy domain. For President Aquino, it was the laying of the foundations for Filipino democracy and the wider scope afforded for the participation of local and international non-governmental organizations and activists in decision-making processes. For President Kumaratunga, it was her attempts to resolve the ethnic conflict. For President Macapagal Arroyo, it was the pursuit of economic reforms, often in the name of development and poverty alleviation. For President Megawati, it was a series of labour rights reforms. The analysis set out here seeks to neither suggest that the reforms were entirely beneficial nor limiting for women. Rather, the goal is to offer a fair analysis of a particular issue on the political agenda that implicated women’s lives and that could be addressed with a gendered lens. The chapter leaves readers with a fuller appreciation of the extent to which the four president’s policies impacted men and women in similar and dissimilar ways that are often ignored from a gendered audit.

Vijeyarasa, R 2022, 'Roadblocks for Women' in The Woman President, Oxford University PressOxford, pp. 154-178.
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AbstractAn evaluation of a leader’s legacy naturally results in both ticks and crosses. Chapter 7 focuses on the negative legislative footprint. It begins by considering the socio-cultural parameters that, to varying degrees, shaped the decision-making of Presidents Aquino, Kumaratunga, Macapagal Arroyo and Megawati and the environments in which they led. With this context in mind, key issues are studied to act as a litmus test about the gendered expectations and impact of women leaders. Specifically, the chapter explores calls for law reform to advance women’s reproductive health and women’s representation in politics, revealing the extent to which women’s sexual and reproductive health rights were a political bargaining chip across the three countries. What emerges is a sense that leaders often blocked or hindered reform and much desired changes for women were not delivered. Simultaenously, this chapter considers what are often ‘undue’ expectations that are shouldered by women leaders. We see a tendency post-tenure to give limited credit to women executives for the passage of the gender-responsive laws, on the one hand, but to show little hesitation to lay blame, almost entirely, on the Woman President for failed attempts at law reform.

Vijeyarasa, R 2022, 'The Instrumentalization of Gender By, For and Against the Woman President' in The Woman President, Oxford University PressOxford, pp. 93-116.
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AbstractThe sex and gender of The Woman President is a constant subject of political debate. Presidents Aquino, Kumaratunga, Macapagal Arroyo and Megawati were not immune to the gendered crossfire that conditioned the contexts in which all four women led. Yet gender cannot only be understood in negative terms: women leaders enjoy distinct and unique opportunities to positively avail themselves of gendered norms to advance their rise and leadership when compared to their male counterparts. Chapter 5 revisits the gender of female presidents, presented here as a double-edged sword. While the four women made distinct ‘use’ of male associations for political gain, they too had extensive connections with fellow women that, to a degree, paralleled the networks and connections of male politicians. Status as elite women is a common mark of female executive power, but these marks of privilege, at times, undermined their leaderships’ legitimacy. While women have historically risen on an image of piety and incorruptibility, the framing of political agendas around socially beneficially outcomes created heightened expectations of a scrupulous leadership which proved difficult to meet. The tail-end of the chapter considers the gendered expectations on the shoulders of women leaders to leader for women. We are left with a sense that the international women’s rights standards used to assess the footprint of the four women leaders are neither too onerous nor too radical when we consider the woman leader’s gender as both an obstacle and an asset.

Vijeyarasa, R 2022, 'The President and the People' in The Woman President, Oxford University PressOxford, pp. 209-230.
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AbstractChapter 9 considers the role of the Women President in the successes and failings of women’s movements to advocate for the passage of gender-responsive legislation. This chapter uses national-level case studies from across the three countries to offer preliminary reflections on the particular opportunities availed to women’s movements to advance their causes under the tenures of women leaders. Women’s movements are studied in all their forms—feminist movements, conservative women’s organizations, religious women’s affiliations and networks—to see how movements emboldened others to act, primarily the Woman President herself but also those within her administration as well as female legislators, a group of actors generally assumed to be critical players in promoting the interests of marginalized and excluded groups. The five case studies navigate across gender-based violence, gender equality quotas and gender-mainstreaming in national development plans. The strategies employed by movements, such as achieving a united front and exploiting the power of the woman voter are analysed, alongside more typical strategies such as use of the media, balcony parliaments and learning lessons from neighbouring countries. Although discrete, the case studies leave a sense that the presence of women in executive office may mean distinct possibilities, opportunities and expectations when women lead.

Vijeyarasa, R 2022, 'Women in executive office as of January 2022', Oxford University PressOxford, pp. 262-262.
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Vijeyarasa, R 2022, 'Women Leaders in the International Landscape' in The Woman President, Oxford University PressOxford, pp. 231-248.
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AbstractChapter 10 offers an international lens to the largely domestic picture presented in The Woman President. The chapter responds to questions posed about how women leaders exercise power in the international landscape, whether gender influences a women leader’s response to her foreign policy responsibilities as well as how women leaders respond to each other on the world stage. These questions are largely unexplored in the existing literature. In seeking to provide some answers, the chapter begins by recalling the high visibility of women presidents and prime ministers on the global stage largely because of the low levels of female representation at this level. The chapter then considers how the four presidents exercised their foreign policy responsibilities, before turning its attention to the ways in which women leaders in the international landscape first speak as a collective, such as through the Council of Women World Leaders, second, speak for fellow women and finally speak for the ‘Asian woman’. While the chapter argues that gender was not accorded an explicit priority in articulated foreign policy goals, we simultaneously begin to understand how women leaders may be freer to prioritize gender equality in international dialogues when compared to what the domestic policy landscape may allow.

Vogl, A 2022, 'Outsourcing Deterrence' in Bosworth, M & Zedner, L (eds), Privatising Border Control, Oxford University PressOxford, pp. 191-C10.P100.
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AbstractThis chapter explores government outsourcing of asylum seeker welfare services, surveillance, and reporting functions to non-government organisations (NGOs). It focuses on Australia, where the government has outsourced the delivery of core welfare services for asylum seekers living in the community to NGOs. The outsourced welfare services have been appraised as ‘starving out’ asylum seekers and deploying deprivation as a means of deterrence. The government-contracted NGOs are also required to report on asylum seekers who are in breach of Australia’s Asylum Seeker Code of Behaviour, which prohibits actions such as spitting, swearing, and spreading rumours. The chapter argues that the Australian government’s outsourcing of refugee welfare services co-opts and captures NGOs as direct partners in immigration control and deterrence. Further, it analyses state capture of the NGOs as exemplifying the alliance between care and immigration control involved in humanitarian forms of governance at the border. By virtue of contractual outsourcing, the Australian government has both created new sites of discretion and control over asylum seekers and constrained the capacity of NGOs to contest government policy, instead involving them in the enforcement of sovereign borders as a condition for providing support and assistance.

Watson, N 2022, 'Indigenous Legal Traditions and Australian Legal Education' in Cane, P, Ford, L & McMillan, M (eds), The Cambridge Legal History of Australia, Cambridge University Press, pp. 721-739.
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Featuring contributions from leading lawyers, historians and social scientists, this path-breaking volume explores encounters of laws, people, and places in Australia since 1788.

Anthony, T & Chartrand, V 2022, 'States of prison abolition: COVID-19 and anti-colonial and anti-racist organising', Justice, Power and Resistance, vol. 5, no. 1-2, pp. 46-66.
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Until recently, carceral and penal logics have proliferated the global scene unabated. The coronavirus pandemic not only ushered a moment of pause for the world, but in some areas, even a reversal in carceral trends. In many countries, some sectors experienced unprecedented reductions in imprisonment and migrant detention. Even where the pandemic advanced more invasive carceral controls, such as with policing through health checks and issuing tickets, it also fuelled global resistance through the Black Lives Matter movement. In the wake of the pandemic, an uprising of activists, advocates and supporters captured the public imagination with anti-racist and abolition uprisings and advances in community care. In the lands now known as Australia and Canada, where the criminalisation and incarceration of Indigenous people has been increasing, this mobilising has resulted in important alliances and advancements to challenge these carceral and penal trajectories. In this article, we trace several abolitionist initiatives to show how the convergence of COVID-19 and anti-racist and anti-colonial movements catalysed an important moment for abolitionist organising.

Anthony, T, Sherwood, J & Blagg, H 2022, 'Colonial Automobility and Roads to Resistance', Justice Report, vol. 37, no. 3, pp. 11-15.

Appleby, G, Kerr, J, Le Mire, S, Lynch, A & Opeskin, B 2022, 'JUDICIAL EDUCATION IN AUSTRALIA: A CONTEMPORARY OVERVIEW', Journal of Judicial Administration, vol. 31, no. 4, pp. 187-206.
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Recent decades have seen judicial education in Australia gain acceptance and momentum in both provision and diversity. Institutional supports and resourcing for judicial officers at all levels have become common across the nation. But it is now timely to reflect critically on this progress. This article takes a step towards assessing the provision of judicial education, and where there might be opportunities to enhance this in the future. Central to that task is an empirical study of judicial education offered to the members of 25 Australian courts over a three-year period, 2015/6 to 2017/18. The article concludes with four recommendations for reform: (a) the adoption of a standard taxonomy for national reporting on judicial education; (b) increased alignment between judicial education and judicial lifecycles, from pre-appointment to pre-retirement; (c) the need to better meet the judicial education needs of judicial officers working in smaller jurisdictions or regional settings; and (d) an imperative for further empirical research on whether judicial education offerings are currently meeting the needs of judicial officers, courts, and the publics they serve.

Armstrong, KA, Del Mar, M & Sheldon, S 2022, 'Contextual legal pedagogy: still radical?', International Journal of Law in Context, vol. 18, no. 4, pp. 365-372.
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AbstractThis is an introduction to the Special Issue on ‘Contextual Legal Pedagogy’. It introduces the themes of the Special Issue and offers summaries of the papers in the collection. The introduction considers whether, and how, contextual legal pedagogy can still be radical, and how addressing pedagogical issues also necessarily involves addressing vital theoretical issues.

Avgoustinos, C 2022, 'Deriving Constitutional Implications: The Role of ‘External’ Sources in the Text and Structure Approach', Federal Law Review, vol. 50, no. 2, pp. 249-272.
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The High Court applies the ‘text and structure approach’ when deriving constitutional implications. This requires implications to be drawn from the ‘text’ and ‘structure’ of the document. A particular line of criticism has been made by some scholars that frames this approach as a falsehood. According to these scholars, judges claim to be drawing implications solely from the ‘text’ and ‘structure’ but are, in fact, employing ‘external’ sources when carrying out this task. I argue that this criticism is misguided. Judges are using ‘external’ sources to help illuminate the ideas conveyed by, or contained within, the ‘text’ and ‘structure’. This means that their use of ‘external’ sources is not necessarily a circumvention of the text and structure approach but an accompaniment to it. The relevant scholars’ critique seems to be rooted in flawed conceptualisations of the Constitution’s ‘text’ and ‘structure’ and their ideational content. This work examines the problems with the relevant scholars’ critique and offers what I consider to be a more accurate explanation of the operation (and shortcomings) of the text and structure approach.

Bateren, V, Callaghan, S, Lan, X, Nagra, N & Rana, A 2022, 'Improving human rights in mental health takes more than just changing the law: An audit of medical assessments in regional community patients in Queensland', Australasian Psychiatry, vol. 30, no. 2, pp. 195-199.
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Objective: To evaluate the medical assessments of involuntary community patients in a regional mental health service, determine the compliance with requirements under Queensland’s Mental Health Act 2016 (the Act) to regularly review orders and assess patients’ mental capacity. Method: We audited 183 patient records on community treatment authorities (CTAs) to determine whether medical assessments undertaken under the Act included consideration of the person’s capacity, and regular reviews by an authorised doctor as required1s205. Results: The audit revealed that 51% of the CTA patients did not comply with legal requirements either to complete a capacity assessment and/or be medically assessed within three months of the last review. Conclusions: Over 50% of medical assessments did not comply with the legislative requirements to record capacity assessments and review involuntary treatment on at least a three-month basis. However, when the treatment criteria were met, it did not appear to be a basis for CTA revocation. Further research may help determine whether the Mental Health Review Tribunal (Tribunal) could play a greater role in overseeing compliance with the new legislative requirements or if other clinical oversight mechanisms would be appropriate to improve the assessment process.

Bello y Villarino, J-M & Vijeyarasa, R 2022, 'International Human Rights, Artificial Intelligence, and the Challenge for the Pondering State: Time to Regulate?', Nordic Journal of Human Rights, vol. 40, no. 1, pp. 194-215.
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Berg, L, Dehm, S & Vogl, A 2022, 'Refugees and Asylum Seekers as Workers: Radical Temporariness and Labour Exploitation in Australia', University of New South Wales Law Journal, vol. 45, no. 1, pp. 35-69.
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This article analyses the emerging evidence of labour exploitation of refugees and asylum seekers on temporary visas in Australia. Over the last decade, Australia’s temporary protection regime has been marked by profound uncertainty in relation to visa status, unfettered Ministerial discretion, and the punitive exercise of governmental power. We argue that this framework amounts to abuse of governmental power, confining refugees and asylum seekers who arrived by boat to a situation of radical temporariness in Australia. This results not only in the denial of permanent protection and social inclusion to these refugees and asylum seekers, but also provides conditions for greater abuse of power by employers in the realm of workplaces across Australia. We outline six factors related to temporary immigration status and other punitive, unpredictable and arbitrary elements in this regulatory regime that currently increase the vulnerability of refugees and asylum seekers to labour exploitation.

Brennan, D 2022, 'Mainstreaming user principle copyright damages', Law Institute Journal, vol. 96, no. 4, pp. 24-27.
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The High Court of Australia has recently clarified a basis on which ordinary damages can be awarded for infringement of copyright and in so doing has rejected a long line of authority established by the Federal Court of Australia.

Brennan, DJ 2022, 'Section 180 of the Copyright Act 1968 and the Assignment Deed for Copyright in the Australian Aboriginal Flag', SSRN Electronic Journal, vol. 33, no. 1, pp. 4-18.
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The assignment in Deed form on 21 January 2022 from its artist Harold Thomas to the Commonwealth of all copyright in the Australian Aboriginal Flag artistic work raises the issue of whether, by reason of that assignment, the Australian copyright in the work entered the Australian public domain. This piece interrogates that issue and concludes that such entry into the public domain is not merely a possibility but a likelihood. It also suggests a way to reverse any such entry by the parties agreeing to rescind the Deed and for Thomas to instead assign the copyright to a custodial body, independent from government, in accordance with a bipartisan and unanimous recommendation of a 2020 Senate Select Committee.

Bryant, J, Freund, M, Ries, N, Garvey, G, McGhie, A, Zucca, A, Hoberg, H, Passey, M & Sanson-Fisher, R 2022, 'Volume, scope, and consideration of ethical issues in Indigenous cognitive impairment and dementia research: A systematic scoping review of studies published between 2000-2021', Dementia, vol. 21, no. 8, pp. 2647-2676.
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Introduction High quality research involving Indigenous people with cognitive impairment and dementia is critical for informing evidence-based policy and practice. We examined the volume, scope and ethical considerations of research related to dementia with Indigenous populations globally from January 2000–December 2021. Methods Studies were included if they were published in English from 2000 to 2021 and provided original data that focused on cognitive impairment or dementia in any Indigenous population. Results The search yielded 13,009 papers of which, 76 met inclusion criteria. The overall number of papers increased over time. Studies were mostly conducted in Australia with Aboriginal and Torres Strait Islander people (n = 30; 39%). Twenty-six papers directly involved Indigenous participants with cognitive impairment or dementia. Of these studies, ethics approval was commonly required from two or more committees (n = 23, 88.5%). Ethical and legal governance frameworks were rarely discussed. Discussion There is a clear need for further robust studies examining cognitive impairment and dementia with Indigenous populations. Future research should consider the ethical aspects of involving Indigenous participants with cognitive impairment in research.

Croese, C 2022, 'Defamation and Personal Injury under the Civil Liability Act 2002 (NSW)', Torts Law Journal, vol. 28, no. 1, pp. 22-43.

Crofts, P 2022, 'The Corporate Monster Metaphor', LAW TEXT CULTURE, vol. 26, no. 1, pp. 73-96.
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The metaphor of corporations as monsters is a feature of academic and judicial writings. Like monsters, corporations are creatures of fiction that problematize and challenge order. Corporations do not fit neatly into common law criminal legal doctrine, which was conceived and structured around the classic legal subject, that is, the individual human being. Corporations are amoral immortals, which ‘have no conscience and feel no pain’. They have superhuman strength, growing exponentially in size and wealth in accordance with the dictates of capitalism, and are capable of doing great harms and evil. Like monsters, corporations are contaminated and contaminating; in the process of becoming legal subjects corporations have become dehumanised and dehumanising. Despite the dominance of the corporate monster metaphor, there is slippage around the conception of which type of monster best represents corporations, and this slippage has implications for how the law regards and regulates (or not) corporations. This article takes the metaphor of the corporation as monster seriously. Descriptively, this analysis asks us to think more specifically about the different metaphorical implications of different kinds of monsters. Normatively, the argument considers the implications of these distinctive framings for criminal legal understandings of the corporation. Calling corporations monsters places us within the horror genre. We therefore need to read and understand these metaphors within that genre. A central insight of the horror genre is that monsters justify and require extreme responses. Rather than stopping at the argument that corporations have no body to kick, we need to find more imaginative and specific responses to corporate crime.

Dehm, S & Loughnan, C 2022, 'COVID-19 passports and refugees: an emerging border technology of exclusion and mobility injustice', Australian Journal of Human Rights, vol. 28, no. 2-3, pp. 366-387.
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Dehm, S & Vogl, A 2022, 'Immigration Amnesties in Australia: Lessons for Law Reform from Past Campaigns', Sydney Law Review, vol. 44, no. 3, pp. 381-414.
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In the wake of the COVID-19 pandemic, there have been growing calls to regularise the status of the over 64,000 undocumented people currently living in Australia without regular immigration status. Australia has previously had three legal immigration amnesties in 1974, 1976 and 1980. Yet, the history of these amnesties is little known. This article draws on newly-released and previously unexamined historical materials, including archival government documents and contemporaneous jurisprudence, to present an original account of Australia’s three past immigration amnesties as novel moments of executive power and decision-making in the realm of migration law. In doing so, it analyses their legislative context, their implementation and effectiveness in practice, and their legal legacies. Finally, the article addresses the lessons of these past immigration amnesties for current law reform and regularisation efforts, and for Australian migration law today.

Dehm, S & Vogl, A 2022, 'Immigration Amnesties in Australia: Lessons for Law Reform from Past Campaigns', SYDNEY LAW REVIEW, vol. 44, no. 3, pp. 381-413.

Ding, G 2022, 'Ancient and Modern Connection of Justice Value: The Significance and Approach of China Legal History Research', Legal Traditions of the West and China, vol. 22, no. 3.

Flanagan, F 2022, 'Beyond invisibility: Landscapes of intersubjective recognition experienced by cleaners in Australian schools', Journal of Industrial Relations, vol. 64, no. 5, pp. 645-666.
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Dominant approaches to researching cleaners’ experiences of invisibility and recognition have tended to focus on either the structural determinants of invisibility, such as outsourcing or ‘dirty work’ status, or the ways in which workers seek recognition as a strategy for managing taint. This article uses Honneth's concept of intersubjective recognition as a basis for bringing together structure- and agency-oriented approaches through a focus on the ways in which cleaners’ recognition experiences arise from historically specific contexts that are both found and made by cleaners. The article illustrates the usefulness of Honneth's theory through a comparison of the intersubjective recognition experiences of Australian school cleaners working in different work paradigms in two historical periods, public service cleaners in the 1910s–1990s and outsourced cleaners in the 2000s–2020s. The case studies contribute new empirical findings concerning patterns of cleaner recognition across all three dimensions theorised by Honneth – love, rights and solidarity – and the significance of shared horizons of purpose between cleaners and other workplace actors for enabling intersubjective recognition. Theoretically, the paper advances the concept of ‘dense’ and ‘sparse’ intersubjective recognition landscapes as a lens for understanding the changing nature and sources of cleaner invisibility and recognition over time.

Flanagan, F & Goods, C 2022, 'Climate change and industrial relations: Reflections on an emerging field', Journal of Industrial Relations, vol. 64, no. 4, pp. 479-498.
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What does climate change mean for the field of industrial relations? In this article, we argue that a meaningful disciplinary response to climate change requires more than simply widening the scope of industrial relations scholarship to include environmental dynamics. It demands recognition of the ways in which the categories of analysis and intellectual preoccupations of the discipline have been shaped by what we term the ‘fossil capitalist inertia’ exerted by their largely 20th-century origins. Climate change requires critical reflection of the extent to which industrial relations processes that were introduced to increase fairness and equality in a fossil capitalist context have the potential to contribute to different kinds of unfairness and inequality in an era of climate instability. The article identifies four frontiers of the scholarly development already underway that give effect to this conceptual enlargement: critical engagement with the concepts of (a) ‘sustainable development’ and (b) ‘just transition’ (c) analyses of reconfigured union identities and strategies and (d) discussions of the roles and influence of employer associations and state actors in labour and environmental relations and transitions. The article concludes by introducing five new articles that advance existing scholarly reflections on the challenge of a changed climate for industrial relations along each of these frontiers.

Greenman, K 2022, 'Protecting foreign investments in revolution and civil war: critiquing the contemporary arbitral practice', London Review of International Law, vol. 9, no. 3, pp. 293-318.
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Abstract The protection of foreign investment during times of revolution and civil war, and especially against acts of non-state forces, has a history—both recent and longer past. The issue has re-emerged as a result of the series of revolutions and civil wars, known as the Arab Spring. This is demonstrated by several recent awards against Libya, Egypt and Syria, as well as a number of pending claims. This article considers what a critique of this practice might look like and how it might fit in with existing critiques of international investment law. It argues first, that the contemporary arbitral practice concerning investment protection during revolution and civil war encourages a particular type of security state—and a particular type of state violence—along gendered and racialised lines and second, that it domesticates revolution and restrains revolutionary contestation of the prevailing economic order.

Grey, A & Severin, AA 2022, 'Building towards best practice for governments’ public communications in languages other than English: a case study of New South Wales, Australia', Griffith Law Review, vol. 31, no. 1, pp. 25-56.
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Grey, A & Strauss, A 2022, 'New limits on the right to freedom of expression from Hamzy v Commissioner of Corrective Services', Alternative Law Journal, vol. 47, no. 1, pp. 60-66.
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This article examines a 2020 NSW Supreme Court judgment upholding the legality of English-only rules for communications by ‘extreme high risk restricted’ prison inmates. The article focuses on the reasoning regarding claims to human rights to freedom of expression and from racial discrimination. It explains that the decision provides a rare insight into problematic Australian judicial thinking about language choice in expression, the intersection of racial and linguistic discrimination and the characterisation of English as Australia’s ‘official’ or ‘de facto’ national language.

GROSSI, R 2022, 'What can contract law learn from #MeToo?', Journal of Law and Society, vol. 49, no. 2, pp. 263-276.
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AbstractIn this article, I ask whether contract law can learn anything from the #MeToo discussions of consent. When we juxtapose consent in these two contexts, two issues emerge. The first is whether consent is a valuable ethical tool in helping us to determine whether an agreement is ‘good’. This article argues that just as patriarchy makes a mockery of consent in negotiating sexual encounters, so too do free market economics make a mockery of consent and freedom to contract. The second issue is whether consent should be understood objectively or subjectively. While favouring the centralizing of a subjective approach as #MeToo did, this article also affirms the critical critique of objectivity and questions the objectivity/subjectivity dichotomy altogether. This article ends with a nod towards the theorization of contract as feminist and as relational.

Hobbs, H & Jones, BT 2022, 'Egalitarian nationhoods: a political theory in defence of the voice to parliament in the Uluru Statement from the Heart', Australian Journal of Political Science, vol. 57, no. 2, pp. 129-144.
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Hohmann, J 2022, 'A RIGHT TO HOUSING FOR THE VICTORIAN CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES? ASSESSING POTENTIAL MODELS UNDER THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS; THE EUROPEAN SOCIAL CHARTER; AND THE SOUTH AFRICAN CONSTITUTION', MONASH UNIVERSITY LAW REVIEW, vol. 48, no. 2, pp. 132-159.

Hohmann, J 2022, 'Conceptualising domestic servitude as a violation of the human right to housing and reframing Australian policy responses', Griffith Law Review, vol. 31, no. 1, pp. 98-122.
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Hosie, A, Kochovska, S, Ries, N, Gilmore, I, Parker, D, Sinclair, C, Sheehan, C, Collier, A, Caplan, GA, Visser, M, Xu, X, Lobb, E, Sheahan, L, Brown, L, Lee, W, Sanderson, CR, Amgarth-Duff, I, Green, A, Edwards, L & Agar, MR 2022, 'Older Persons’ and Their Caregivers’ Perspectives and Experiences of Research Participation With Impaired Decision-Making Capacity: A Scoping Review', The Gerontologist, vol. 62, no. 2, pp. e112-e122.
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Abstract Background and Objectives Human research ethics statements support the equitable inclusion of diverse groups. Yet older people are underrepresented in clinical research, especially those with impaired decision-making capacity. The aim of this study was to identify the perspectives and experiences of older persons and their caregivers of research participation with impaired decision-making capacity. Research Design and Methods Scoping review of the literature and online sources in January–February 2019 (updated June 2020) according to Joanna Briggs Institute methodology and PRISMA Extension for Scoping Reviews. English-language peer-reviewed research articles and Australian online narratives were included. Data were tabulated and narratively synthesized. Results From 4,171 database records and 93 online resources, 22 articles (2000–2019, 82% United States, 16 first authors) and one YouTube webinar (2018) were initially included; updated searches yielded an additional article (2020) and YouTube webinar (2020). Studies were heterogeneous in terminology, methods, and foci, with hypothetical scenarios, quantitative analyses, and examination of proxy consent predominating. Participants (N = 7,331) were older persons (71%), caregivers of older persons with dementia/cognitive impairment (23%), and older persons with dementia/cognitive impairment (6%). Synthesis identified 2 themes: willingness to participate and decision-making approaches. Discussion and Implications ...

Jordan, C & Kirkby, D 2022, '‘No One Here … Understands the Problem of Aboriginal Art’: The Fulbright Program, Aboriginal Studies and Aboriginal Art, 1950–65', Australian Historical Studies, vol. 53, no. 1, pp. 119-145.
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Karpin, IA & O’Connell, K 2022, 'The Challenge of Bioinequality: Addressing the Health Impact of Unequal Treatment Through Law', Medical Law Review, vol. 30, no. 4, pp. 635-657.
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Abstract Global social movements for justice have called for better legal responses to the harms of inequality. These inequalities have traditionally been dealt with in the political sphere and legal measures to address them have taken little account of emerging knowledge about the biological impact of unequal treatment. We use the concept ‘bioinequalities’ to foreground the relationship increasingly articulated in studies that show that social stress and trauma associated with unequal treatment have a significant epigenetic and intergenerational impact on the body. This article proposes a way to address the health harms that result from inequality by drawing on the existing concept of the ‘hostile environment’ in sexual harassment jurisprudence in Australia. Our ‘bioinequality’ approach focuses on the way that inequality operates in and as a hostile and harmful environment for the embodied and embedded beings that live in it. We examine the possibilities of using the concept of a hostile environment to more effectively address discriminatory harms alongside a positive duty to create non-hostile environments. In so doing we offer a broader, bioscientifically informed approach that can inform equality laws in other jurisdictions.

Kaye, M & Jones, J 2022, 'The university teaching of family law', Australian Journal of Family Law, vol. 35, no. 1, pp. 68-88.
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We have co-taught a family law property subject over the last 2 years. The experience has led us to reflect upon the content, structure and teaching methodology of family law courses. Reflecting upon our teaching has cemented our views that some knowledge of family law should be core knowledge for all law graduates. In particular, we believe that competencies required for good family law practice (understanding family violence; child-abuse; trauma-informed practice; and cultural awareness) are essential requirements for all legal graduates. The remainder of the article is a conversation outlining our thoughts and experiences in relation to the teaching of Family law which we hope will contribute to and inform broader debates about the role of the legal academy, legal education, and the place of vocational qualifications within them. Such a conversation is particularly important in the age of the neoliberal university and the recasting of law as a purely vocational skill. It is hoped that the article starts a conversation about the future purpose and meaning of the university study of family law.

Kirkby, D 2022, '‘the UN…the women believed in’: Internationalism and Citizenship in the Australian Feminist Campaign for Women on Juries, c.1950 -1970s,', Law and History, vol. .9, no. 2, pp. 64-93.
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Australia’s failure to sign the United Nations 1953 Convention on the Political Rights of Women became a galvanising issue for feminist organisations in the 1950s and 1960s. The government could not sign the convention while many state laws failed to comply in matters of women’s entitlement to hold public office and to exercise all public functions. Particularly aggravating were the bar on married women’s employment, lack of equal pay, retirement age discrimination and inability to serve on juries. Although a trial by jury was explicit in the Constitution, the judicial framework remained based in state jurisdictions. Feminist organisations turned to international instruments to overcome the federal government’s reluctance to pressure the states to make Australia nationally compliant. This article takes the significance of jury reform as both instrumental to and symbolic of women’s citizenship status and argues for the importance of internationalism in this period of Australia’s feminist history.

Kirkby, D 2022, 'An Editorial View', Labour History, vol. 123, no. 1, pp. 34-39.
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Larkin, D, Hobbs, H, Lino, D & Maguire, A 2022, 'Aboriginal and Torres Strait Islander Peoples, Law Reform and the Return of the States', The University of Queensland Law Journal, vol. 41, no. 1, pp. 35-58.
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Aboriginal and Torres Strait Islander peoples have long called for structural reform to Australia’s institutional framework to protect and promote their rights. In recent years, however, state and territory governments have proven more receptive to Aboriginal and Torres Strait Islander peoples’ advocacy than the Commonwealth. In this article, we identify and map the return of the states and territories — and the retreat of the Commonwealth — in Indigenous law reform. While substantial progress has been made, significant risks are involved in the pursuit of subnational reform. It remains imperative that the Commonwealth government meaningfully engage with the aspirations of Aboriginal and Torres Strait Islander peoples as recorded in the Uluru Statement from the Heart. 

Leary, D 2022, '8. International Maritime Organization (IMO)', Yearbook of International Environmental Law, vol. 31, no. 1, pp. 305-306.
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Lee, K & Wilding, D 2022, 'The case for reviewing broadcasting co-regulation', Media International Australia, vol. 182, no. 1, pp. 67-80.
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This article applies principles from the Department of Communications’ policy review of telecommunications consumer protection to broadcasting co-regulation. The Consumer Safeguards Review establishes six principles for good regulation, including that rule-making processes should ‘enable a wide range of views to be considered’. It notes that processes for developing telecommunications codes of practice are likely to lead to ‘sub-optimal’ consumer protection measures. The article draws on original empirical research to assess development of commercial television and commercial radio codes of practice, with particular emphasis on public engagement in co-regulation. It finds the broadcasting codes of practice fail to meet the principles adopted by the Department for good co-regulation. It concludes by arguing there is a pressing need for a more holistic review of communications co-regulation, as broadcasting legislation is similar to the telecommunications legislation, and there is a risk that ‘sub-optimal’ practices could be applied in attempts to regulate digital platforms.

Lenta, P 2022, 'Can transitional amnesties promote restorative justice?', Critical Review of International Social and Political Philosophy, pp. 1-27.
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I assess a justification for the granting of transitional amnesties conditional, at the minimum, upon full disclosure of wrongdoing by perpetrators. According to this rationale, such amnesties are morally legitimate because they foster restorative justice. I distinguish between two conceptions of restorative justice that I call the punishment-deprioritizing and punishment-prescribing conceptions. I argue that while conditional amnesties granted to perpetrators of minor offences conditional upon full disclosure, verbal apology and reparations could promote restorative justice well enough to justify them in the eyes of adherents of the punishment-deprioritizing conception, conditional amnesties in favour of perpetrators of serious human rights abuses, because they are unlikely ever to be conditional upon perpetrators’ carrying out burdensome reparations, are likely to promote restorative justice on the punishment-deprioritizing conception only to a limited extent and not enough to justify them from the standpoint of adherents to this conception. Conditional amnesties, I contend, cannot ever promote restorative justice on the punishment-prescribing conception because it holds that punishment is indispensable for the achievement of the aims of restorative justice and amnesties exempt perpetrators from criminal punishment.

Lenta, P 2022, 'Criminalisation and Persuasion: FORSA and Parental Corporal Punishment', Constitutional Court Review, vol. 12, no. 1, pp. 87-106.
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Lenta, P 2022, 'Law’s forgiveness', Jurisprudence, vol. 13, no. 4, pp. 689-702.
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Lindsay, D, Wilkinson, G & Wright, E 2022, 'Responding to the challenges of Consumer Internet of Things devices: The case for reforming the Australian consumer guarantees', Competition and Consumer Law Journal, vol. 29, no. 3, pp. 226-252.
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Consumer Internet of Things (‘CIoT’) devices such as smart locks, connected refrigerators and smart assistants are increasingly becoming popular. These devices differ fundamentally from traditional consumer products and as a result, exacerbate existing threats and pose new threats of consumer harms that challenge existing consumer protections. This article analyses the implications of CIoT devices for the consumer guarantees under the Australian Consumer Law. It makes the case for reforms that take into account the distinctive features of the devices, including introducing a new sui generis category of ‘digital products’, which would be distinct from the existing categories of ‘goods’ and ‘services’, and new bespoke consumer guarantees. The proposed new guarantees would address problems relating to outdated software, device security and interoperability of CIoT devices andservices.

Methven, E 2022, '“THERE IS NO NEED FOR ANYONE TO BE CONCERNED”: THE DISCURSIVE LEGITIMATION OF COERCIVE POLICE POWERS DURING THE COVID-19 PANDEMIC¹', Revista de Llengua i Dret, vol. 77, no. 77, pp. 54-70.
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A number of countries have placed police officers in charge of policies aimed at suppressing the transmission of COVID-19. While scholarly attention has been paid to the legitimacy of a law enforcement response to the pandemic, less attention has been paid to the discursive techniques used by state officials when attempting to represent controversial policies as uncontroversial. This article examines the role of discourse in the rationalization of a law enforcement approach to the COVID-19 pandemic in NSW, Australia. I conduct a critical analysis of the language of policing officials in press conferences, interviews, and media releases to identify discursive strategies of authorization, moral evaluation, and rationalization, as described in Van Leeuwen’s analytical framework of legitimation (2007, 2008). I argue that the use of discursive techniques to depict punitive sanctions as desirable and effective, and public health rules as clear and of equal application to all, helped to naturalize a coercive response in the application of public health measures. The naturalness of this police-led approach is deconstructed by drawing on alternative accounts to show how COVID-19 rules were complicated and poorly communicated, and policed in an uneven, and at times, overzealous fashion.

Millbank, J 2022, 'Reinstatement of Previously Deregistered Health Professionals in Australia: Legal Determinations of Risk, Patient Safety and Public Interest', Federal Law Review, vol. 51, no. 1, pp. 3-30.
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Each year approximately 60 registered health practitioners in Australia have their registration cancelled for reasons of serious misconduct or, less commonly, impairment or criminal conviction. Cancellation remains in force unless the practitioner successfully brings a later application to be restored to the register. While the decision to deregister takes place in a public tribunal process, with published reasons, throughout most of Australia determinations concerning reinstatement are undertaken by professional Boards in private. This research examines available reinstatement decisions concerning 86 health practitioners to analyse how the health regulatory system in Australia determines questions of public interest and public safety when deciding whether deregistered health practitioners who seek reinstatement are now ‘fit and proper’ to practise their profession again. There is a considerable body of case law on the meaning of fitness to practise for health professionals, and the process by which it can be assessed. However, there is remarkably little legislative content or administrative guidance to structure the reinstatement inquiry, assist applicants in the process or to ensure consistency of decision-making, in particular by drawing attention to broader public protection factors. Reinstatement determinations would be improved through the introduction of structured guidance on how to apply the paramount objective of public protection. The article also suggests that having all reinstatement determinations take place in public with published reasons would improve public understanding of, and confidence in, the reinstatement process.

Millbank, J 2022, 'Restoration to Practice of Health Practitioners Removed for Serious Sexual Misconduct: Evaluating Public Confidence and Assessing Risk', Griffith Law Review, vol. 31, no. 1, pp. 123-150.
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Morgan, B & Goldblatt, B 2022, 'Contested Common Space, Regulation and Inclusion at the Coogee Women’s Pool', Legalities, vol. 2, no. 2, pp. 182-214.
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This article concerns two disputes that occurred between 2020–22 at the Coogee Women’s Pool, a public ocean pool in Sydney reserved for use only by women. One contest concerned the governance of the pool by its Management Committee related to differing conceptions of the ethos of the pool and the nature of its custodianship. The other concerned the exclusion of trans women from the pool over the definition of ‘women’ allowed access to the facility. The article examines these disputes and the contests they generated in exploring when and how forms of law encourage or undermine relational regulation in the context of community-controlled public space. It draws on ideas about the commons elaborated by Silvia Federici and the concept of ethos articulated by Ivan Illich to understand the nature and value of community-controlled public space. The article links these ideas to the role of law in engaging with scholarship on the right to the city and rights to protest in relation to the commons. It draws on this framing, and uses interviews, primary and secondary sources, to closely study the recent history at the Women’s Pool regarding governance of common space and issues of inclusion within the space. In looking at how law was used in relation to both aspects, it finds the idea of relational regulation helpful. The article suggests that light touch relational regulation might support the ethos of managed communal spaces, making room for deliberative practices that facilitate the resolution of challenging questions of membership and participation. The events in this small space of recreation prefigure possibilities for deliberation, care and (re)enchantment as a counter to neoliberal ordering.

Morris, S & Hobbs, H 2022, 'Imagining a Makarrata Commission', Monash University Law Review, vol. 48, no. 3, pp. 19-64.
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The Uluru Statement from the Heart advocates for a First Nations constitutional voice and a legislated Makarrata Commission to supervise agreement-making and truth-telling. A First Nations voice is the immediate priority and the necessary focus of scholarly and practical discussion. However, while advocates envisage a Makarrata Commission being established following a First Nations voice, there is negligible research imagining how a Makarrata Commission might operate. This article addresses that gap. Drawing on agreement-making and truth-telling processes in Australia, Aotearoa New Zealand and Canada, it imagines how a national institution to supervise agreement making and truth-telling could function.

Munton, J 2022, 'Boundary disputes: Employment and Independent Contracting in the High Court', Australian Journal of Labour Law, vol. 35, no. 1, pp. 79-94.

Munton, JR 2022, 'Employment Contracts in the Australian High Court', Italian Labour Law e-Journal, vol. 15, no. 2, pp. 107-118.
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The contribution explains the approach taken by the Australian High Court in recent years to construing and interpreting employment contracts. It focuses on the Australian court’s rejection of principles accepted by the United Kingdom’s Supreme Court, and the court’s assertion of the primacy of the parties’ own written contract in determining whether a work contract is one of employment, and what terms will govern that relationship. It argues that a statutory solution is necessary to ensure that protective labour statutes continue to cover those workers who are the proper objects of those laws.

Munton, JR & MacDermot, T 2022, 'Religious Freedom and Job Security', University of New South Wales Law Journal, vol. 45, no. 1, pp. 312-340.
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Debate on the need for new anti-discrimination laws to address religious discrimination continues in Australia. Claims for greater protection for freedom of religious expression present particular challenges for employers who bear responsibilities to maintain psychologically safe and healthy workplaces for all their employees. The present ‘general protections’ against discriminatory treatment in the Fair Work Act 2009 (Cth) do not adequately deal with complaints of discrimination, largely because of the ease with which employers can excuse adverse action on the basis of their own workplace policies. However, the proposals in the Religious Discrimination Bill 2019 (Cth) go too far in seeking to address that weakness. We propose that an alternative model for balancing the respective interests in workplace disputes of this kind would be expanding the workplace bullying and unfair dismissal jurisdictions of the Fair Work Commission, to enable these kinds of conflicts to be managed in a proportionate and balanced manner.

Opeskin, B 2022, 'RATIONING JUSTICE: TEMPERING DEMAND FOR COURTS IN THE MANAGERIALIST STATE', University of New South Wales Law Journal, vol. 45, no. 2.
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Over the past generation there have been significant reforms to the way the state supports the just resolution of legal disputes. Influenced by public sector managerialism, the state has sought ever greater cost-effectiveness by tempering demand for justice in the courts. Using Australia as an example, this article analyses six processes by which the state has modulated this demand, namely, extinguishing, expelling, diverting, incentivising, filtering and demoting. But at what price? Greater efficiencies sometimes come at a cost to other fundamental values, such as access to justice, fair process, impartial decision-making, just outcomes and public trust. This article evaluates these tensions by examining a suite of specific demand management mechanisms that have been widely used in civil and criminal disputes in Australia.

Opeskin, B 2022, 'RATIONING JUSTICE: TEMPERING DEMAND FOR COURTS IN THE MANAGERIALIST STATE', UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, vol. 45, no. 2.

Opeskin, B 2022, 'The Relentless Rise of Judicial Specialisation and its Implications for Judicial Systems', Current Legal Problems, vol. 75, no. 1, pp. 137-188.
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Abstract Specialisation of labour has long been regarded as a central mechanism for enhancing the productivity of workers and the economic prosperity of nations. But do these advantages accrue in the judicial resolution of disputes, or should judges be generalists administering the law as an integrated body of rules and principles? Viewing the evolution of courts across the common law world, the rise of judicial specialisation has been relentless—suggesting that it delivers significant benefits. It extends far beyond specialisation by legal subject matter and it is achieved through many modalities beyond the establishment of new courts. However, to understand the proper role of specialisation, it is necessary to ask what impact it has on core values of the judicial system, namely, cost-effectiveness, just outcomes, impartiality, public trust, access to justice, and procedural fairness. This essay argues that judicial specialisation often has competing impacts on these values but that careful institutional design, especially through hybrid specialisation, can deliver significant benefits while minimising costs. Modern judicial systems need to be attentive to the diverse effects of specialisation so they can adapt to the complexities of contemporary dispute resolution.

Ostapenko, D & Kirkby, D 2022, '‘Australian sailors wanted’: Labour supply and Australian shipping, c. 1870–c. 1914', Australian Economic History Review, vol. 62, no. 2, pp. 141-160.
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AbstractIn the pre‐1914 era Australia did not develop an ocean‐going merchant navy. The problem is well recognised in previous studies that assumed that it was high Australian wages that made the operational cost of deep‐sea vessels uncompetitive on a global scale. This article reconstructs historical shifts in the Australian market for a seagoing workforce and demonstrates there was low recruitment of Australian labour. Drawing on new sources and inspired by efficiency wage theory the article argues that it was this shortage of a domestic labour supply that constrained the development of a national deep‐sea shipping industry.

Rawling, M & Riley Munton, J 2022, 'Constraining the Uber-Powerful Digital Platforms: A Proposal for a New Form of Regulation of On-Demand Road Transport Work', University of New South Wales Law Journal, vol. 45, no. 1, pp. 7-34.
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Late in 2020 in California, two giant rideshare operators, Uber and Lyft, spearheaded a USD200 million campaign to overturn state legislation providing employment entitlements to their workers. This article exposes the way these enterprises employ legal drafting to disguise the reality of their relationships with workers; and we consider the rhetorical arguments they use to justify these strategies. We conclude that it is time for Australian regulators to adopt an alternative approach to ensuring basic protections for workers which focusses on the nature of the work being undertaken, rather than on the legal form of the contract between enterprise and worker. We focus on the Australian road transport industry, and particularly on rideshare and food delivery workers, because despite assertions that their labour is part of a shiny new ‘digital economy’, this kind of work has been important in societies since medieval times, or earlier.

Ries, NM, Johnston, B & Jansen, J 2022, 'A qualitative interview study of Australian physicians on defensive practice and low value care: “it’s easier to talk about our fear of lawyers than to talk about our fear of looking bad in front of each other”', BMC Medical Ethics, vol. 23, no. 1.
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AbstractBackgroundDefensive practice occurs when physicians provide services, such as tests, treatments and referrals, mainly to reduce their perceived legal or reputational risks, rather than to advance patient care. This behaviour is counter to physicians’ ethical responsibilities, yet is widely reported in surveys of doctors in various countries. There is a lack of qualitative research on the drivers of defensive practice, which is needed to inform strategies to prevent this ethically problematic behaviour.MethodsA qualitative interview study investigated the views and experiences of physicians in Australia on defensive practice and its contribution to low value care. Interviewees were recruited based on interest in medico-legal issues or experience in a health service involved in ‘Choosing Wisely’ initiatives. Semi-structured interviews averaged 60 min in length. Data were coded using the Theoretical Domains Framework, which encapsulates theories of behaviour and behaviour change.ResultsAll participants (n = 17) perceived defensive practice as a problem and a contributor to low value care. Behavioural drivers of defensive practice spanned seven domains in the TDF: knowledge, focused on inadequate knowledge of the law and the risks of low value care; skills, emphasising patient communication and clinical decision-making skills; professional role and identity, particularly clinicians’ perception of patient expectations and concern for their professional reputation; beliefs about consequences, especially perceptions of the beneficial and harmful consequences of defensive practice; environmental context and resources, including processes for handling patient complaints; social influences, focused on group norms that encourage or discourage defensive behaviour; an...

Ries, NM, Johnston, B & Jansen, J 2022, 'Views of healthcare consumer representatives on defensive practice: ‘We are your biggest advocate and supporter… not the enemy’', Health Expectations, vol. 25, no. 1, pp. 374-383.
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AbstractBackgroundThe patient–clinician interaction is a site at which defensive practice could occur, when clinicians provide tests, procedures and treatments mainly to reduce perceived legal risks, rather than to advance patient care. Defensive practice is a driver of low‐value care and exposes patients to the risks of unnecessary interventions. To date, patient perspectives on defensive practice and its impacts on them are largely missing from the literature. This exploratory study conducted in Australia aimed to examine the views and experiences of healthcare consumer representatives in this under‐examined area.MethodsSemi‐structured interviews were conducted with healthcare consumer representatives involved in healthcare consumer advocacy organisations in Australia. Data were transcribed and analysed thematically.ResultsNine healthcare consumer representatives participated. Most had over 20 years of involvement and advocacy in healthcare, including personal experiences as a patient or carer and/or formal service roles on committees or complaint bodies for healthcare organisations. Participants uniformly viewed defensive practice as having a negative impact on the clinician–patient relationship. Themes identified the importance of fostering patient–clinician partnership, effective communication and informed decision‐making. The themes support a shift from the concept of defensive practice to preventive practice in partnership, which focuses on the shared interests of patients and clinicians in achieving safe and high‐value care.ConclusionThis Australian study offers healthcare consumers' perspectives on the impacts of defensive practice on patients. The findings highlight the features of clinician...

Robinson, C 2022, 'CALDB to Part 2 Committee - A review of disciplinary matters from 2017 to 2021', Australian Journal of Corporate Law, vol. 37, no. 1, pp. 163-184.
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In 2017, the (CTH) Insolvency Law Reform Act 2016 was enacted which introduced significant changes to the disciplinary regime of registered liquidators and registered trustees. A key objective of the Act was to harmonise the regulation of insolvency practitioners where there had been a divergent approach under the respective personal and corporate insolvency regulatory schemes. Previously, serious offences relating to registered trustees were referred to a Bankruptcy Committee, and registered liquidators to the Companies Auditors and Liquidators Disciplinary Board.

Rock, E 2022, 'Government Liability for False Imprisonment: Thoms v Commonwealth [2022] HCA 20', Australian Journal of Administrative Law, vol. 29, no. 3, pp. 157-161.
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The High Court recently handed down its decision in 'Thoms v Commonwealth', a false imprisonment case which demonstrates the importance of statutory interpretation in defining the scope of government liability in tort. The case is the latest in a lengthy litigation history involving executive power with respect to Aboriginal persons who hold citizenship in overseas countries.

Russell, P & Simmonds, A 2022, ''An Inexplicable Flaw': Women's Campaign for the Jury Franchise in New South Wales, circa 1900-1950', Law & History, vol. 9, no. 2, pp. 94-123.

Ryan, CJ & Callaghan, S 2022, 'New laws that prohibit conversion therapy pose no material risk to evidence-based and clinically appropriate practice', Australasian Psychiatry, vol. 30, no. 3, pp. 362-363.
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Objective To examine the extent to which the Sexuality and Gender Identity Conversion Practices Act 2020 (ACT) and Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) might pose a risk to evidence-based and clinically appropriate practice. Method Using a recent publication by Parkinson and Morris as a starting point, the provisions of the new legislation are carefully examined. Results The ACT and Victorian laws do not imperil psychiatrists undertaking evidence-based and clinically appropriate practice. Conclusions While it may be wise for psychiatrists to abandon this area of practice if they hold strong personal beliefs that the failure to identify with one’s natal gender is morally wrong, nothing in the new laws should deter psychiatrists from providing people with gender dysphoria with evidence-based and clinically appropriate care.

Schofield-Georgeson, E 2022, 'Contract, Labour Law and Reality in the Australian High Court of Australia', Monash University Law Review, vol. 48, no. 3, pp. 232-267.
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Schofield-Georgeson, E 2022, 'Organisational Co-Enforcement in Australia: Trade Unions, Community Legal Centres and the Fair Work Ombudsman', Australian Journal of Labour Law, vol. 35, no. 1, pp. 52-78.
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With large-scale decline in union density and a shift away from collective bargaining towards ‘enforcement’, Community Legal Centres (CLCs) and the Fair Work Ombudsman have emerged as relatively new actors within the Australian labour law enforcement space. Their emergence, particularly that of CLCs, raises the prospect of increased competition for trade union membership as well as tension between a transactional, individualising emphasis on ‘servicing’, and a traditional collectivist, ‘organising’ and bargaining model of trade unions. This article draws upon recent research from the US, UK and Australia, to propose ‘co-enforcement’ or collaboration between organisations that represent workers, rather than competition and further fragmentation. It does so by reporting on the results of qualitative research interviews with senior officials from government, industrial relations and civil society organisations, canvasing their views on possibilities and strategies for organisational co-enforcement. The results are analysed through the theoretical frame of ‘servicing’ and ‘organising’.

Schofield-Georgeson, E 2022, 'Silent Partners? Trade Unions, Corporations and Penalty Privilege in the Federal Court of Australia', Federal Law Review, vol. 50, no. 1, pp. 86-103.
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‘Penalty privilege’ is sometimes referred to as ‘the right to silence’ or more correctly the privilege against self-exposure to civil penalty. It is a procedural rule that applies equally to trade unions and corporations in Australian federal courts. This article critically investigates this equality of this treatment, revealing its historical evolution and arguing that it results in unequal outcomes, relative to the social and historical roles of unions and corporations. But it also discovers distinct incoherence in the application of penalty privilege, along with a host of related legislative interventions that have sought to entrench the equal treatment of trade unions and corporations more broadly. Accordingly, this article proposes a range of reform, with a particular focus on the application of penalty privilege in the federal arena. A more coherent application of penalty privilege, it is proposed, is one that applies in proportion to the social power exercised by persons and entities before the Court.

Schofield-Georgeson, E 2022, 'The emergence of coercive federal Australian labour law, 1901–2020', Journal of Industrial Relations, vol. 64, no. 1, pp. 52-76.
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Over the past two decades, industrial relations scholarship has observed a trend towards an increasingly punitive industrial environment along with the ‘re-regulation’ of labour law. Absent from much of this literature, however, has been an empirical and historical measurement or comparison of the scale and quality of this systemic change. By surveying coercive and penal federal industrial legislation over the period 1901–2020, this study shows empirically that over the last 40 years, there has been a steep increase in the amount of coercive federal labour legislation in Australia. It further measures and compares the volume of coercive labour legislation enacted specifically against ‘labour’ and ‘capital’ or both throughout the same period (1901–2020). Analysis reveals a correlation between a high volume of coercive labour legislation with low levels of trade union power and organisation. Argued here is that coercive labour legislation has been crucial to transitioning from a liberal conciliation and arbitration model of Australian industrial relations towards a neoliberal framework of employment legislation. In the former, regulation was more collective, informal and egalitarian (embodied by the sociological concept of ‘associative democracy’). Under a neoliberal framework, regulation is now more individualised, technical, punitive and rarely enforced, resulting in less equal material outcomes.

Shanthosh, J, Muvva, K, Woodward, M, Vijeyarasa, R & Palagyi, A 2022, 'Assessing the Reach, Scope and Outcomes of Government Action on Women’s Health and Human Rights: A Protocol for the Development of an International Women’s Rights Dataset', International Journal of Qualitative Methods, vol. 21, pp. 160940692211147-160940692211147.
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Background The UN Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) represents an international commitment to equality in the enjoyment of human rights. International human rights scholars posit that, in facilitating constructive dialogues between states and human rights experts, the near-universally ratified Convention is a powerful tool for achieving global health goals, such as the Sustainable Development Goals (SDGs). Yet, the performance of such rights-based approaches in achieving gender equality, and empowering all women, has not been systematically measured and evaluated on a global scale. This study seeks to address the urgent need to support data-driven analyses to hold governments to account through the development of a global dataset measuring state action on women’s health and human rights. Methods Standard systematic review methods will be used to review CEDAW periodic review reports produced by United Nations (UN) Member States, civil society organisations and the CEDAW Committee. Global participation with the review mechanism, the scope of health inequities covered by Committee recommendations, the nature of reported government action and the extent of implementation of each program will be extracted from each report. Only data from the two most recent reporting cycles will be analysed. Descriptive statistics will be used to analyse quantitative data, and all qualitative data will be analysed using policy mapping techniques. Discussion Using these data, the study will navigate the nature and the extent of state action to address these issues including by increasing women’s leadership and participation, data collection, strengthening health systems, governance and coordination and establishing new human rights infrastructure. It will use th...

Silink, A & Ryan, D 2022, 'The relevance of 'control' in both states of the test for vicarious liability in relationships that are 'akin to employment': an analysis of Blackpool in the Court of Appeal', Journal of Professional Negligence, vol. 38, no. 4, pp. 229-238.

Silink, A & Ryan, D 2022, 'Twenty years on from Lister v Hesley Hall Ltd - is there now a 'tailored Close Connection Test' for vicarious liability in cases of sexual abuse, or not?', Journal of Professional Negligence, vol. 38, no. 1, pp. 15-33.

Simmons, F, Burn, J & Mcleod, F 2022, 'Modern Slavery and Material Justicce: The Case for Remedy and Reparation', University of New South Wales Law Journal, vol. 45, no. 1.
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In all its different manifestations modern slavery involves the abuse of power and the violation of human rights. In this article, we examine whether Australia is meeting its international obligations to provide access to effective remedies to survivors of modern slavery. We argue that Australia must squarely confront the violations of human rights suffered by survivors of modern slavery by improving access to remedies, including compensation. We recommend establishing a national compensation scheme, providing survivors with greater assistance to apply for reparation orders, and improving access to support and protection. These reforms are necessary to give effect to Australia’s commitment to prevent, address and remedy the human rights abuses and enable survivors to access effective remedies.

Stewart, B 2022, 'Sharma ex rel Sister Brigid Arthur v Australia (Minister for the Environment): A Unique “Anns-wer” to Public Authority Non-Liability for Climate Change Harms in Canada?', McGill Journal of Sustainable Development Law, vol. 18, no. 2, pp. 182-221.

Thomson, M 2022, 'Legal Determinants of Health', Medical Law Review, vol. 30, no. 4, pp. 610-634.
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Abstract Social determinants of health are the social and economic conditions that have a determining impact on health at an individual and population level. Working within this framework, in 2019 the O’Neill Institute for National and Global Health Law at Georgetown University and The Lancet published The legal determinants of health: Harnessing the power of law for global health and sustainable development. This report identifies and promotes four legal determinants: provision of universal health coverage under the Sustainable Development Goals; governance of national and global health institutions; implementation of evidence-based health interventions; and building legal capacity. These determinants are dominated by the role of law in founding and governing health institutions and regulating their interventions. Such work is essential. However, the relationship between law, health improvement, and health equity articulated through these four determinants risks marginalising questions of disadvantage and inequality that social determinants of health research—and the report itself—mandate we attend to. Addressing the UK experience of COVID-19, and how social inequalities profoundly impacted experiences and outcomes in the first year of the pandemic, this article builds on the Lancet-O’Neill Commission’s important work to argue that any articulation of legal determinants of health must foreground law’s role in improving fairness in social arrangements and the distribution of resources.

Vasefi, S & Dehm, S 2022, 'Refugee Women and the Gendered Violence of Australia’s Extraterritorial Asylum Regime on Nauru', Refugee Survey Quarterly, vol. 41, no. 3, pp. 529-558.
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Abstract This article examines the gendered harms of state refugee externalisation laws and policies using the case study of Australia’s extraterritorial asylum regime on Nauru. While the regime has been widely criticised, the particular carceral experiences and structural vulnerabilities of refugee women and girls have received limited attention in refugee law scholarship. Drawing on interviews with 10 refugee women, this article documents and conceptualises the abusive nature of the regime from a gender perspective: first in relation to the produced insecurity and sexual violence in immigration detention and temporary resettlement in Nauru; next, in relation to the gendered medicalisation of refugee bodies under the official medical evacuation processes for transferring refugees from Nauru to Australia for healthcare; and finally, in relation to the continued punitive legal limbo and produced deportability for refugee women once transferred to Australia who nonetheless remain subject to the legal exclusions under Australia’s “offshore” detention and processing regime. We argue that, rather than being incidental to its operation, gendered harms have become a defining feature of the structural violence of Australia’s deterrence framework and practices of refugee expulsion and exclusion.

Vijeyarasa, R 2022, 'Three Decades of CEDAW Committee General Recommendations', Max Planck Yearbook of United Nations Law Online, vol. 25, no. 1, pp. 797-826.
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The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is the most prominent, although not flawless, women’s rights treaty. Yet, the slow, haltered or even backward steps we have witnessed with regard to gender equality beg the question, what role can cedaw play in delivering a more transformative set of gender-responsive laws at the domestic level? This article is centred on the two-fold goal of stronger domestication of women’s rights norms and the provision of more systematic standards to enhance treaty body reporting. With these goals in mind, this article offers the results of a structured analysis of the CEDAW Committee’s 38 General Recommendations issued between 1986 and 2020, in order to establish a roadmap for the enactment of gender-responsive domestic laws and policies grounded in women’s rights norms. Seven core demands or ‘criteria’ emerge and serve to guide States Parties towards achieving gender-responsive legal and policy reform. At a key juncture in CEDAW’S history and at a moment when, in the eyes of some, international human rights treaties may prove inadequate to manage today’s threats to fundamental human rights, these seven priorities not only provide a viable, scalable and evidence-based roadmap to inform the enactment of gender-responsive domestic laws but they also create a basis for enhanced reporting to and compliance with CEDAW.

Vijeyarasa, R 2022, 'When Women Lead: Legislating against Gender-based Violence in Bangladesh, Indonesia, the Philippines and Sri Lanka', Australian Journal of Asian Law, vol. 23, no. 2, pp. 27-44.
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History apportions little credit to women leaders for the advancement of fellow women. Here I revisit this position, with an evidence-based, quantitative and qualitative approach to understanding the impact of woman leaders on law reform in the area of gender-based violence. Five leaders are the subject of study: Sri Lanka’s President Kumaratunga (1994–2005); the Philippines’ President Macapagal Arroyo (2001–10); Indonesia’s President Megawati Soekarnoputri (2001–04); and Bangladesh’s Prime Ministers Sheikh Hasina (1996–2001 and 2009–present) and Khaleda Zia (1991–96 and 2001–06). Women in all four countries enjoyed significant legislative wins throughout the tenures of the five women leaders. While the findings vary as to how much credit can be attributed to each leader, the presence of a woman in the presidential or prime ministerial seat appears to motivate the mobilisation of resources by women’s movements at a faster pace. Co-beneficial alliance building between women’s groups and women’s parliamentary bodies seek to translate the opportunity of a woman leading a nation into positive legal and policy developments. When it comes to the specific role of the leaders themselves, this article identifies often-overlooked political, socio-cultural and patriarchal factors that have shaped their decision-making vis-à-vis gender-based violence law reform and considers: the timing of elections; shifts in majority government; a leader’s political roles prior to holding executive office; and the heightened expectation on the shoulders of women leaders to be hyper-conscious of the importance of gender-based violence as an issue for fellow women. While assigning credit is a challenging task, this article concludes by inviting further study of how a woman leader ‘lays her hands’ on the law and a deconstruction of how, why and which women benefit.

Vijeyarasa, R 2022, 'When Women Lead: Legislating against Gender-based Violence in Bangladesh, Indonesia, the Philippines and Sri Lanka', Australian Journal of Asian Law, vol. 23, no. 2, pp. 27-44.
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History apportions little credit to women leaders for the advancement of fellow women. Here I revisit this position, with an evidence-based, quantitative and qualitative approach to understanding the impact of woman leaders on law reform in the area of gender-based violence. Five leaders are the subject of study: Sri Lanka's President Kumaratunga (1994-2005); the Philippines' President Macapagal Arroyo (2001-10); Indonesia's President Megawati Soekarnoputri (2001-04); and Bangladesh's Prime Ministers Sheikh Hasina (1996-2001 and 2009-present) and Khaleda Zia (1991-96 and 2001-06). Women in all four countries enjoyed significant legislative wins throughout the tenures of the five women leaders. While the findings vary as to how much credit can be attributed to each leader, the presence of a woman in the presidential or prime ministerial seat appears to motivate the mobilisation of resources by women's movements at a faster pace. Co-beneficial alliance building between women's groups and women's parliamentary bodies seek to translate the opportunity of a woman leading a nation into positive legal and policy developments. When it comes to the specific role of the leaders themselves, this article identifies often-overlooked political, socio-cultural and patriarchal factors that have shaped their decision-making vis-à-vis gender-based violence law reform and considers: the timing of elections; shifts in majority government; a leader's political roles prior to holding executive office; and the heightened expectation on the shoulders of women leaders to be hyper-conscious of the importance of gender-based violence as an issue for fellow women. While assigning credit is a challenging task, this article concludes by inviting further study of how a woman leader 'lays her hands' on the law and a deconstruction of how, why and which women benefit.

Vijeyarasa, R & Liu, M 2022, 'Fast Fashion for 2030: Using the Pattern of the Sustainable Development Goals (SDGs) to Cut a More Gender-Just Fashion Sector', Business and Human Rights Journal, vol. 7, no. 1, pp. 45-66.
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AbstractThe 2013 collapse of the Rana Plaza in Bangladesh brought global visibility to the human rights abuses experienced by women workers in the garment sector. As the spotlight on this incident dims, the need to hold the fashion sector accountable remains. In this article, we suggest that greater accountability could be achieved through the application of a human rights-informed understanding of the Sustainable Development Goals (SDGs) to promote gender justice in the sector. By drawing on international women’s rights law and sustainable fashion, we demonstrate how sustainability and gender justice are intimately connected, and illustrate what role the SDGs can play in promoting sustainable outcomes that are gender-just. The article unpacks concepts such as sustainability, the circular economy, social responsibility, and ethical fashion, and places the experiences of women workers within this context. Its principal contribution is a set of six requirements to ensure a gender perspective to the fashion industry’s role in implementing the SDGs.

Vrdoljak, AF 2022, 'UNESCO, world heritage and human rights', International Journal of Cultural Property, vol. 29, no. 4, pp. 459-486.
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AbstractThis article examines the relationship between the World Heritage Convention and international human rights law. The first part of the article draws on key phrases in Article 1 of the United Nations Educational, Scientific and Cultural Organization’s (UNESCO) Constitution, which defines its purpose to elaborate on the role of human rights to UNESCO’s mandate and how developments in international human rights law over the last 75 years have been translated into the organization’s policies and programs and the implementation of the World Heritage Convention. The second part details how human rights violations related to World Heritage properties expose significant shortcomings in UNESCO’s fulfillment of its mandate and states’ compliance with international human rights norms. The third part outlines the international responsibility of various actors in respect of serious violations of human rights related to World Heritage properties. The final part identifies possible areas of reform in the operation of the World Heritage Convention that may facilitate its alignment with international human rights law and UNESCO’s adherence to its mandate.

Wangmann, JM 2022, 'Law Reform Processes and Criminalising Coercive Control', Australian Feminist Law Journal, vol. 48, no. 1, pp. 57-86.
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Wangmann, JM, Kaye, M & Booth, T 2022, 'Addressing the Problem of Direct Cross-Examination in Australian Family Law Proceedings', University of New South Wales Law Journal, vol. 45.

White, S 2022, 'Navigating the International Legal Terrain for Animal Health and Protection: Specialist Agency or Framework Convention?', Global Journal of Animal Law,, vol. 10, no. 2.
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This article identifies and analyses key themes in the history of efforts to make international law an effective instrument for protecting animals and their health, as well as touching upon the positive spillovers this can have for human and environmental health. The pursuit of fragmented and inconsistent approaches has made animal protection a secondary consideration, at best, in international relations. Non-governmental organisations (NGOs) and international non-government organisations (INGOs) have valiantly and persistently argued that there is a legal ‘gap’ in the protection of animals at an international level, but they have never had a strong institutional basis from which they could engage collectively and effectively with state parties. We argue that the adoption of a binding international instrument focused on animal protection would fill this gap and we evaluate one particular recent proposal: the draft United Nations Convention for Animal Health and Protection, sponsored by Global Animal Law.

Wiesel, I, Smith, E, Bigby, C, Then, S-N, Douglas, J & Carney, T 2022, 'The temporalities of supported decision-making by people with cognitive disability', Social & Cultural Geography, vol. 23, no. 7, pp. 934-952.
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In many societies, people with cognitive disability have been presumed to lack reasoned decision-making capacity. Consequently, substituted decision-making laws and practices have traditionally authorised some people such as parents, guardians or medical professionals, to make decisions on their behalf. Several countries are now moving towards an alternative supported decision-making paradigm whereby people with different cognitive abilities are supported to make decisions that reflect as much as possible their ‘will, preferences and rights’. In this paper we examine how geographical thinking about temporalities might illuminate some of the legal, ethical and practical complexities of supported decision-making. The paper draws on qualitative data from interviews with people with intellectual disabilities or acquired brain injury, and those who support them in making decisions. We examine how temporal scales and boundaries shape the determination of decision-making capacity; how decision-makers’ ‘will and preferences’ are interpreted by supporters; and how the labour of support for decision-making is organised. We argue that further geographical engagement with supported decision-making can help significantly advance this important disability rights agenda.

Wilding, D 2022, 'Remunerating News', InterMEDIA, vol. 50, no. 2, pp. 21-23.

Wilding, D & Molitorisz, S 2022, 'Improving news media oversight: Why Australia needs a cross-platform standards scheme', Australian Journalism Review, vol. 44, no. 1, pp. 19-38.
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Australia currently has fourteen standards schemes that oversee journalists and news media, making for both duplication and inconsistency. The result is a torn and frayed patchwork leaving broadcasting heavily regulated but some areas of online content without any applicable standards or clear avenues for consumer complaint. In this article, we describe Australia’s confusion of news media standards schemes amid the global challenges to media oversight in a digital age, including from the algorithmically driven delivery of news via social media and other digital services. We argue that internationally the ongoing disruption of news media is being accompanied by a parallel disruption of news media standards schemes. This creates significant uncertainty, particularly since citizens and journalists have contrasting expectations about news media oversight. However, this uncertainty also presents an opportunity for reform. We then draw on international scholarship and regulatory developments to make four high-level arguments. First, Australia should implement a coherent cross-platform standards scheme to cover news content on TV, on radio, in print and online. Second, digital services and platforms ought to be brought under this scheme in their role as distributors and amplifiers of news, but not as ‘publishers’. Third, this scheme ought to have oversight of algorithms. And fourth, citizens ought to be afforded a greater role in the operation of this scheme, which has significant potential to serve the public interest by improving public discourse.

Wilkinson, G 2022, 'Using Tobacco Plain Packaging to Protect the Human Rights of Children', University of New South Wales Law Journal, vol. 45, no. 1, pp. 370-400.
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The societal interest of public health protection has driven Australia’s regulation of tobacco products for many years. The recent decision of the World Trade Organization Appellate Body, Australia – Tobacco Plain Packaging, should encourage states to protect supportable societal interests even if they restrict the exercise of intellectual property rights. As the decision suggests that non-World Trade Organization agreements can support tobacco control measures, this article advocates for greater attention towards the human rights implications of these measures. A primary objective of tobacco plain packaging measures is to protect young people, engaging Australia’s obligations pursuant to the Convention on the Rights of the Child. The article argues that explicit engagement with children and recognition of their human rights in the development and implementation of plain packaging measures could have strengthened Australia’s defence of its plain packaging measures. It provides novel insights into what a child rights-based approach could mean for the future development of tobacco control measures worldwide.

Wright, E, Zhou, J, Lindsay, D, Przhedetsky, L, Chen, F & Davison, A 2022, 'SMEs and Explainable AI: Australian Case Studies', Computers & Law: Journal for the Australian and New Zealand Societies of Computers and the Law, vol. 94.

Xia, X & Ding, G 2022, 'On the Investigation of Civil and Commercial Customs in Modern Hunan', Journal of Social Science of Hunan Normal University, vol. 51, no. 1, pp. 101-112.
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Anthony, T 1970, 'Colonial-carceralism & Family violence', Australian and New Zealand Society of Criminology, Australian and New Zealand Society of Criminology, Darwin, Northern Territory.

Anthony, T, Walsh, T, McNamara, L & Quilter, J 1970, 'Homelessness and cycles of criminalisation', Darwin, Northern Territory.

Gavin, M, Steele, L, Darcy, S & Johns, K 1970, 'From Neglect to Modern Slavery: Specialised Disability Employment Programs in Australia', Association of Industrial Relations Academics in Australia and New Zealand, University of Sydney.

Guangyu, D 1970, 'Cultural Heritage Rights and Rights Related to Cultural Heritage: A Review of the Cultural Heritage Rights System', Santander Art and Culture Law Review, 2nd doctoral colloquium of the 4 Universities Consortium on Cultural Heritage Law, Uniwersytet Jagiellonski - Wydawnictwo Uniwersytetu Jagiellonskiego, Sydney, pp. 167-190.
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Previous decades have witnessed the widespread use of human rights discourses in explaining cultural heritage issues. The content of the cultural heritage right (a term used interchangeably with “right to cultural heritage” in this text), and the relationship between cultural heritage and human rights are diversely demonstrated in international cultural heritage instruments and previous studies. Some of them may overlap or even contradict each other, causing confusion about the relevant concepts. This article aims to answer the twin question: What is the relationship between the “right to cultural heritage” and “rights related to cultural heritage”, which together comprise the cultural heritage rights system? The main feature of cultural heritage is its spiritual significance, which constitutes the basis of the human right to cultural heritage. The core content of the right to cultural heritage is the right to enjoy the intangible value of; meaning of; and interests inherent in cultural heritage. The holder of the right to cultural heritage is “everyone” – a concept so vague that it results in the intractable tension between the right and the rights of states, communities, individuals, Indigenous peoples, humanity as a whole, and so on. “Rights related to cultural heritage”, which are not cultural heritage rights per se, include public participation rights, the right to education, ownership rights, the rights to a livelihood, development, human dignity, equality, and other basic human rights. Some of them may promote the right to cultural heritage, while some may conflict with or limit the same right.

Kaye, M 1970, 'How the Hague Abduction Convention is being used as a tool of coercive control', Domestic and Family Violence conference, University of Sydney.

Kaye, M & Wangmann, J 1970, 'Family Violence and Family Law: Current Issues', The Law Society of NSW Specialist Accreditation Conference, 4 August 2022, Sydney.

Kaye, M, Sarmas, L, Fehlberg, B & Smyth, B 1970, 'Pre-nuptial agreements: What's happening?', Australian Institute of Family Studies 2022 Conference, Melbourne.

Rawling, M & Munton, J 1970, 'An Evaluation of Government Proposals to Regulate 'Gig' Work: Prospects and Issues for Road Transport Workers and Businesses', Australian Labour Law Association National Conference 2022: The Regulation of Work in a 'COVID-normal' World, Crown Plaza, Coogee Beach, Sydney.

Somes, T 1970, '‘Identifying undue influence in instances of financial abuse of older persons.’', Law and Society, Lisbon.

Vijeyarasa, R 1970, 'Does gender-responsive legislation make a difference on women’s lives? What do we know and where are the gaps?', Law & Society of Australia and New Zealand (LSAANZ) Annual Event, Virtual.

Vijeyarasa, R 1970, 'Woman Leaders: Erasing the boundaries to find the ‘Asian’ experiences in a global world', Retheorizing Gender & Political Leadership from Asia and the Pacific: Lessons for a more diverse Australian political landscape, Australia National University, Canberra, Australia.

Vogl, A 1970, 'Community Refugee Sponsorship in Australia', Refugee Law Initiative Annual Conference: Improving the Global Refugee Regime: From Theory to Practice?’, University of London, School of Advanced Study.

Berg, L & Farbenblum, B n/a 2022, Submission to the Migration Review, A Migration System for Australia's Future, Canberra.

Berg, L, Farbenblum, B & Hemingway, C n/a 2022, Submission to the Attorney-General's Department's Review of Australia’s Modern Slavery Act 2018, Canberra.

Berg, L, Farbenblum, B & Hemingway, C n/a 2022, Submission to the Senate Education and Employment Legislation Committee Inquiry into the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022, no. 45, Canberra.

Coulter, D & Forkan, A Australian Institute of Criminology 2022, Pre-sentence reports for Aboriginal and Torres Strait Islander people: an analysis of language and sentiment, Trends and Issues in Crime and Criminal Justice, pp. 1-11, Canberra.
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Pre-sentence reports (PSRs) provide information to courts on an individual’s background, circumstances, risks, needs and plans. Research has found that PSRs focus heavily on risk of recidivism, while identification of prosocial cultural and community factors is limited. This study sought to describe the language and sentiment in these reports. We studied PSRs written for Aboriginal and/or Torres Strait Islander people sentenced by the mainstream County Court of Victoria and the Koori Court Division of the County Court of Victoria. Findings indicate that risk-related words are more prevalent than words associated with strengths and culture in PSRs submitted to both courts. While the frequency of positive and negative sentiment was low in PSRs for both courts, those for the Koori Court were more positive in sentiment.

Crofts, P & van Rijswijk, H Commonwealth Government of Australia 2022, Technology: New Trajectories in Law - Robodebt, Royal Commission into the Robodebt Scheme, Australia.

Davis, M, Molitorisz, S, Wilding, D & Attard, M Centre for Media Transition 2022, Review of the Community Radio Broadcasting Codes of Practice: Submission to Community Broadcasting Association of Australia, Sydney.

Davis, M, Wilding, D & Attard, M Centre for Media Transition 2022, Review of the Australian Code of Practice on Disinformation and Misinformation. Submission to DIGI., Review of the Australian Code of Practice on Disinformation and Misinformation, Centre for Media Transition.

Dehm, S, Loughnan, C, O'Donnell, S & Silverstein, J CONREP 2022, Healthcare and the Health-Related Harms of Australia's Refugee Externalisation Policies, pp. 1-28, Melbourne.

Goldblatt, B Royal Life Saving Society Australia 2022, Equal Access to Public Aquatic Facilities – Guidance for Local Councils, Facility Managers and the Aquatic Sector, pp. 1-34, Sydney.
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Commissioned report

Hobbs, H Australian and New Zealand School of Government 2022, Unfinished Business? The Victorian Yoo-rrook Justice Commission and Truth-Telling in Australia, pp. 1-10, Australian and New Zealand School of Government.

Hobbs, H & Larkin, D Australia and New Zealand School of Government 2022, Making up for Lost Time? First Peoples – State Treaty-Making in Victoria, Australia and New Zealand School of Government.

Hohmann, J n/a 2022, Mercy Foundation Contribution to the List of Issues Prior to Reporting Australia 6th Reporting Cycle to the UN Committee on Economic Social and Cultural Rights, 70th Session (March 2022), Australia.
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NGO Submission, authored by Dr. Jessie Hohmann, on behalf of the Mercy Foundation, submitted as part of the UN Treaty Body review of Australia under the International Covenant on Economic, Social and Cultural Rights.

Hohmann, J & Mowbray, S N/A 2022, SUBMISSION: Inquiry into homelessness amongst older people aged over 55 in NSW, Legislative Inquiry into Homelessness amongst older people aged over 55 in New South Wales, no. 53, NSW.

Human Rights Law Centre, Migrant Workers Centre, Vogl, A & Dehm, S Human Rights Law Centre 2022, Putting Migrant Workers First: Joint Submission to the Comprehensive Review of Australia’s Migration System, Australia.

Kruger, A, Chan, E, Zhang, S & Davis, M Centre for Media Transition, University of Technology Sydney 2022, Information Disorder: Lessons from Australia, Sydney.

Larkin, D & Hobbs, H Australia and New Zealand School of Government 2022, Closing the Gap Refresh: Incorporating First Nations Voices in Policy Design, Australia and New Zealand School of Government.

Lee, K, Wilding, D, Paterson, P & Lindsay, D Centre for Media Transition 2022, Submission to the Australian Competition and Consumer Commission: Digital Platform Services Inquiry: Discussion Paper for Interim Report No 5 - Updating Competition and Consumer Law for Digital Platform Services, Digital Platform Services Inquiry, pp. 1-15, Sydney.

Libesman, T, Hermeston, W, Chandler, E & Slack-Smith, G Law and Justice Foundation 2022, Aboriginal participation in child protection decision-making, Sydney.

Lindsay, D, Wilkinson, G & Wright, E UTS 2022, Regulating to Protect Security and Privacy in the Internet of Things (IoT): Draft Report, Sydney.

Lindsay, D, Wilkinson, G & Wright, E Australian Communications Consumer Action Network 2022, Regulation of Internet of Things Devices to Protect Consumers, Sydney.

Munton, J, Fleming, J, Harvey, K & Perica, M Australian Institute of Employment Rights 2022, Fair Conduct and Accountability Standards for the Victorian On-Demand Workforce, Inquiry into the Victorian On-Demand Workforce, Port Melbourne.

Raiche, H, Wilding, D, Lee, K & Stuhmcke, A UTS Centre for Media Transition 2022, Digital Platform Complaint Handling: Options for an External Dispute Resolution Scheme, pp. 1-68, Sydney.
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As part of its recommendations in the Final Report of the Digital Platforms Inquiry (‘DPI’), the Australian Competition and Consumer Commission (‘ACCC’) proposed the establishment of an ombudsman scheme to deal with complaints and disputes involving digital platforms providers. The ACCC suggested the Telecommunications Industry Ombudsman (‘TIO’) be considered, or, if that were not feasible, then a standalone ombudsman be established. Taking the Coalition Government’s in-principle support of the DPI recommendation as a starting point, this research looks at options for establishing an ombudsman scheme. Narrowing the focus to social media platforms, we explore the types of complaints and how these are handled by the leading social media service in Australia, Facebook. We then look at existing external mechanisms to handle those complaints, and finally at options for an external complaint handling scheme, were government to mandate such an arrangement.

Retamal, M, Stoianoff, N, Liaros, S, Tran-Nam, B & Edwards, N NSW Circular 2022, Rapid Review: Taxation and Fiscal Policy for a Circular Economy., NSW Circular Rapid Review - Fiscal Taxation Policy, pp. 1-48, Sydney.

Simmons, F & Burn, J University of Technology Sydney, Anti-Slavery Australia 2022, Beyond Storytelling | towards survivor-informed responses to modern slavery, University of Technology Sydney.

Stoianoff, N, Davis, M, Andrews, G, Bodkin, F, Marshall, V, Poelina, A, Perdrisat, P, Marshall, P, Bodkin-Andrews, G, Wright, E, Morse, B, Collings, N, Mowbray, A, Cahill, A, Geissler, M, Martin, F, George, A & Robinson, D UTS 2022, Garuwanga: Forming a Competent Authority to protect Indigenous knowledge, pp. 1-171, Sydney.

Stoianoff, N, Matulionyte, R & Rawlings, J Department of Infrastructure, Transport, Regional Development and Communications 2022, 1.R. Matulionyte, J. Rawlings, N.P. Stoianoff, 2022, Australian Society for Computers and Law (AUSCL) Submission to the Department of Infrastructure, Transport, Regional Development and Communications regarding Copyright Amendment (Access Reform) Bill 2021, 23 February 2022, 1-7., Sydney.

Vogl, A & Dehm, S The University of Melbourne 2022, Immigration Amnesty as a Viable and Necessary COVID-19 Response, Anthology: The impact of the pandemic on border (im)mobility, pp. 46-50.

Wilding, D Centre for Media Transition 2022, Submission to the Australian Communications and Media Authority: Proposal to Remake the Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2012: Consultation Paper, pp. 1-4, Sydney.

Wilding, D & Attard, M Centre for Media Transition 2022, Submission to House of Representatives Standing Committee on Communications and the Arts: Inquiry into Australia’s Regional Newspapers, Inquiry into Australia’s Regional Newspapers, pp. 1-10, Sydney.

Wilding, D & Molitorisz, S Centre for Media Transition 2022, Submission to Attorney-General’s Department: Privacy Act Review: Discussion Paper, Privacy Act Review, pp. 1-11, Sydney.

Wilding, D & Molitorisz, S Centre for Media Transition 2022, Submission to Attorney-General's Department: Exposure Draft of the Social Media (Anti-Trolling) Bill 2021, pp. 1-8, Sydney.

Wilding, D, Attard, M, Molitorisz, S, Davis, M & Kathirgamalingam, V Centre for Media Transition 2022, Centre for Media Transition, Review of the News Media and Digital Platforms Mandatory Bargaining Code - Consultation Paper, April 2022 - Submission to the Treasury, Centre for Media Transition.

Wilding, D, Molitorisz, S & Davis, M Centre for Media Transition 2022, Stage 2 Review of the Model Defamation Provisions, Part A: Liability of Internet Intermediaries for Third PartyContent. Submission to Meeting of Attorneys-General., Stage 2 Review of the Model Defamation Provisions, Part A: Liability of Internet Intermediaries for Third PartyContent., Centre for Media Transition.

Wright, E & Rukundo, O Secretariat of the Pacific Regional Environment Programme (SPREP) 2022, Pacific Access and Benefit-Sharing (ABS) Implementation Guidelines, Samoa.

Biber, K 2022, 'Book Review: Law, Judges and Visual Culture', SAGE Publications, pp. 514-516.
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Billington, LNR 2022, 'A Response to Colonial Carceral Control: Conceptualising a Decolonial Approach to Self-Determination'.
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The hyperincarceration of Indigenous peoples in colonial carceral systems is a widely documented phenomenon. In recent decades, significant research attention has focused on ameliorating these so-called disproportionate levels of Indigenous imprisonment. Nevertheless, Indigenous incarceration rates continue to swell.My research reframes the nature of Indigenous incarceration in colonial carceral systems. In this dissertation, I situate the role of colonial carceral control in contemporary colonial state engagement with Indigenous nations; I argue that colonial states cannot solve the so-called ‘problem’ of Indigenous incarceration, because colonial states are the source of Indigenous incarceration. I demonstrate that high levels of Indigenous incarceration in colonial carceral systems are not proof of these systems’ failure but are evidence of their success. I contend that the most pressing issue within the incarceration of Indigenous nations in colonial carceral systems is not solving the ‘problem’ of Indigenous incarceration, but rather solving the problem of colonial carceral control.Drawing on case studies from Australia, Kanaky (New Caledonia), Canada, and Kalaallit Nunaat (Greenland), I argue that colonial gaols are repositories of colonial goals. Resolving the problem of colonial carceral control, therefore, necessitates deep shifts in the terms upon which colonial states engage with Indigenous nations, not merely a revision of the content of the conversation. Indigenous decarceration demands Indigenous self-determination certainly; but, I argue, to be Indigenous self-determination this precept must be delinked from the colonial matrix of power.In this dissertation, I respond to the problem of colonial carceral control by developing the Colonial State Engagement Visualisation Tool: a novel visual mapping approach to conceptualising colonial state engagement with Indigenous nations at sites of colonial carceral control. Using the Colonial St...

Croese, C 2022, 'Enhance student engagement in class with Mentimeter'.
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Presentation to the UTS:Law Learning & Teaching Seminar on how to increase student engagement in online and on-campus learning activities with Mentimeter.

Croese, C 2022, 'Legal Writing'.
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Presentation to UTS:Helps on the legal reasoning process (IRAC) and what law academics look for in legal writing produced by students.

Croese, C & Lim, L-A 2022, 'Supporting students with regular, personalised feedback in large Law subjects'.
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Presentation on using OnTask in large law cohorts to create a sense of belonging and support to encourage better learning outcomes for students.

Crofts, P 2022, 'Being evil: A philosophical perspective'.

Crofts, P 2022, 'The beauty and horror of corporate persons', pp. 36-45.

Grossi, R 2022, ''#MeToo, consent and Contract Law' https://frontiers.csls.ox.ac.uk/metoo/', Frontiers of Socio-Legal Studies.

Heino, B 2022, 'The Barber Who Read History Review', Progress in Political Economy.

Landrigan, M 2022, 'The Lawyer’s Style Guide', Sage.

Lenta, P 2022, 'Corporal Punishment of Children', Encyclopedia of the Philosophy of Law and Social Philosophy, Springer Netherlands, pp. 1-7.
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Libesman, T, Chandler, E & Hermeston, W 2022, 'New Bill in NSW Could Prove Crucial to Helping Reduce Numbers of First Nations Children in Out-of-Home Care', The Conversation.

Molitorisz, S 2022, 'Sad as Hell', Centre for Media Transition.
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Interview with Shaun Micallef about satire and news media to mark the end of Mad as Hell

Molitorisz, S 2022, 'The Indignity of Gazumping', Centre for Media Transition.
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An analysis of the journalistic ethics and standards regarding the 'outing' of actor Rebel Wilson by a gossip columnist in the Sydney Morning Herald.

Molitorisz, S 2022, 'Trust and Algorithms', Centre for Media Transition.
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Earlier this week, Network Ten raised confronting questions about digital media in Todd Sampson's two-part documentary Mirror Mirror - Love + Hate. For the segment, 'How the Internet changed Journalism', Sacha Molitorisz discussed the public interest, the importance of trust and the need to regulate algorithms.

Mowbray, A, Chung, P & Greenleaf, G 2022, 'Explainable AI (XAI) in Rules as Code (RaC): The DataLex approach', SSRN Electronic Journal.
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Munton, JR 2022, 'Robust views are welcome. But not when they undermine your employer.', The Age.
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Short media comment on recent cases involving employees dismissed for comments on social media

Rawlings, J 2022, 'Rawlings J. Book Review: Research Handbook on Trademark Law Reform Edited by Graeme B. Dinwoodie and Mark D. Janis. Rawlings'.

Riley Munton, J & Munton, J 2022, 'Defining Employment and Work Relationships under the Fair Work Act, Policy Brief 1, 2022', Centre for Employment and Labour Relations Law, University of Melbourne.
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Policy brief on proposals to redefine 'employment' for the purposes of Australian labour regulation

Robinson, C 2022, 'Personal Insolvency Forum (Invited Speaker) - Lessons from Part 2 Disciplinary Committees 2017 to 2022'.

Simmonds, A 2022, 'Book Review: A Matter of Obscenity: The Politics of Censorship in Modern England by Christopher Hillard', SAGE Publications, pp. 93-96.
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Simmonds, A 2022, 'Parallel lives: Iain McCalman crafts an intimate history of Delia Akeley, a monkey and twentieth-century imperialism', Informa UK Limited, pp. 818-819.
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Vijeyarasa, R 2022, '3 reasons why women leaders actually matter for women', The Conversation.

Vijeyarasa, R 2022, 'Can female independents transform politics in Australia?', Women's Agenda.

Vijeyarasa, R 2022, 'More women in politics key to tackling gender inequality', The Sydney Morning Herald/The Melbourne Age.
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What does Australia need to do to get back on a positive pathway to being globally influential and show a real commitment to equality? Several key reforms are repeatedly discussed in gender equality policy circles – publicly funded early childhood education (which will help reduce our gender pay gap), addressing the inequities in the highest levels of business leadership, not to mention a stronger response to gender-based violence that plagues the lives of more than 2 million Australian women.Yet if one looks deeper into the 2022 Global Gender Gap Index report, the biggest barrier and the place where Australia needs to invest the most is women’s political participation. There is plenty of room for improvement.

Vijeyarasa, R & Bello Villarino, J-M 2022, 'Government, we need to talk about AI', Australian Outlook.

Vijeyarasa, R & Bello Villarino, J-M 2022, 'Lessons and consequences of the failure to regulate AI for women’s human rights (also in Spanish)', OpenGlobalRights.

Vogl, A & Dehm, S 2022, 'Immigration Amnesty as a Viable and Necessary COVID-19 Response'.

Vogl, A & Haidari, Z 2022, 'Australia's Hidden Surveillance Machine, the Code of Behaviour', From Rules to Reality: Podcast Episode #30.
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From Rules to Reality is a podcast that highlights how regulation shapes, or fails to shape, our daily lives. Regulation is what can make our roads work, our buildings safe, and our environment clean. But it’s also what fails when discrimination, human rights breaches and poor standards of care occur. Learning from experts about where regulation is working, and where we can improve, is my focus in this podcast.

Vogl, A, Kneebone, S & Ogg, K 2022, 'The Evolution of Programs for Community Sponsorship of Refugees in Australia', Refugee Law Institute Blog on Refugee Law and Forced Migration.

Vrdoljak, AF 2022, 'Roundtable review of A Dirk Moses' The Problems of Genocide (Cambridge University Press 2022)', H-Diplo.