Anthony, T & Chartrand, V 2023, 'Rise Up: Activist Criminology, Colonial Injustice and Abolition' in The Emerald International Handbook of Activist Criminology, Emerald Publishing Limited, pp. 249-264.
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Over the past decade, criminology in Australia, Canada and other settler colonies has increasingly engaged with activist challenges to the penal system. These anti-carceral engagements have been levelled at its laws, institutions and agents. Following a long history of criminology explicating and buttressing penal institutions, the criminological gaze slowly transitioned in the 1970s to a more critical lens, shifting focus from the people who are criminalised to the harms of the apparatus that criminalises. However, the focus remained steadfastly on institutions and dominant players - until much more recently. The COVID-19 pandemic has revealed the strength of activist organisations and grassroots movements in affecting change and shaping debates in relation to the penal system. This chapter will explore the role of activism in informing criminological scholarship during the pandemic period and how criminologists, in turn, have increasingly recognised the need to build alliances and collaborations with grassroots activists and engage in their own activism. The chapter focuses primarily on Australian and Canadian criminology and its growing imbrication with the prison abolition movement, especially in the shadow of ongoing colonial violence. It considers how activist scholars, including ourselves, attempt to build movements for structural change in the criminal system and beyond.
Anthony, T, Blagg, H, Stanley, C & Mundine, K 2023, 'Decolonizing criminology theories by centring First Nations praxis and knowledges' in The Routledge International Handbook on Decolonizing Justice, Routledge, pp. 504-515.
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Anthony, T, Sherwood, J, Blagg, H & Tranter, K 2023, '‘I've Been Chased by People in Cars – White People in Cars’1 – Settler Necroautomobility in the Murders and Disappearances of First Nations Peoples' in Unsettling Colonial Automobilities, Emerald Publishing Limited, pp. 103-129.
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Anthony, T, Sherwood, J, Blagg, H & Tranter, K 2023, 'Automobility in First Nations Sovereignty-Making' in Unsettling Colonial Automobilities, Emerald Publishing Limited, pp. 131-152.
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Anthony, T, Sherwood, J, Blagg, H & Tranter, K 2023, 'Cars, Courts and Carceralism' in Unsettling Colonial Automobilities, Emerald Publishing Limited, pp. 43-61.
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Anthony, T, Sherwood, J, Blagg, H & Tranter, K 2023, 'Colonial Processes of Enforced Mobility and Immobility' in Unsettling Colonial Automobilities, Emerald Publishing Limited, pp. 11-28.
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Anthony, T, Sherwood, J, Blagg, H & Tranter, K 2023, 'Introduction' in Unsettling Colonial Automobilities, Emerald Publishing Limited, pp. 1-10.
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Anthony, T, Sherwood, J, Blagg, H & Tranter, K 2023, 'Necroautomobility and the Colonial Chase in the Cultural Imagination' in Unsettling Colonial Automobilities, Emerald Publishing Limited, pp. 63-78.
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Anthony, T, Sherwood, J, Blagg, H & Tranter, K 2023, 'Neo-Colonial Interventions – Regulating First Nations Peoples' Motor Vehicles and Criminalising Drivers' in Unsettling Colonial Automobilities, Emerald Publishing Limited, pp. 29-42.
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Anthony, T, Sherwood, J, Blagg, H & Tranter, K 2023, 'No Justice, No Peace: Police Necroautomobility and Lack of Accountability' in Unsettling Colonial Automobilities, Emerald Publishing Limited, pp. 79-101.
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Berg, L & Farbenblum, B 2023, 'Exploitation of Unauthorised Migrant Workers in Australia: Access to the Protection of Employment Law' in Ryan, B & Zahn, R (eds), Migrant Labour and the Reshaping of Employment Law, Bloomsbury Publishing.
Blackstock, C, Libesman, T, King, J, Mathews, B & Hermeston, W 2023, 'Decolonizing First Peoples child welfare' in Cunneen, C, Deckert, A, Porter, A, Tauri, J & Webb, R (eds), The Routledge International Handbook on Decolonizing Justice, Routledge, pp. 313-323.
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Compton, C & Hohmann, JM 2023, 'AI and the Right to Housing'.
Crofts, P 2023, 'Crown Resorts and the Im/moral Corporate Form' in Bant, E (ed), The Culpable Corporate Mind, Hart, Oxford, pp. 55-76.
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This chapter maps the philosophical requirements of moral agency onto criminal legal doctrinal categories through the case study of Crown to explore the moral and legal responsibility of corporations. These three core requirements of moral agency are: the agent-choice requirement – the corporation as a distinct moral agent that faces normatively significant choices; the control requirement – the corporation has power over the choice between certain actions; and good judgement – the corporation can form and access judgements in its own right, and possesses a regulative capacity that governs the ways these intentions inform and motivate actions in a way that conforms to certain rational and epistemic standards. These fundamentals of what makes moral agents are a means of considering whether corporations can be moral agents and of analysing existing criminal legal doctrinal requirements as they apply to corporations. I consider the requirements of moral agency through the lens of criminal law and apply these insights to Crown Resorts in order to provide a concrete example.
Crofts, P & Rijswijk, HV 2023, '6 The “Nightmare” on Elm Street: The Failure and Responsibility of Those in Authority' in Waddell, C (ed), ReFocus: The Films of Wes Craven, Edinburgh University Press, Edinburgh, pp. 102-117.
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This edited collection provides an insightful look at the career and output of American horror director Wes Craven, whose most famous films - such as The Last House on the Left (1972), A Nightmare on Elm Street (1984) and Scream (1996) - ...
Ding, G 2023, 'Between Inheritance and Maintenance: Legislative Transposition and Reflection on the Order of Legal Succession of Parents' in 法史学刊(2022年卷. 总第17卷).
Giotis, C, Molitorisz, S & Wilding, D 2023, 'How Australia's competition regulator is supporting news, but not quality' in Napoli, PM & Lawrence, RG (eds), News Quality in the Digital Age, Routledge, New York, pp. 169-186.
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At a time when many news media businesses are collapsing or faltering, regulators globally are wrestling with how to support news and journalism. Australia’s competition (anti-trust) regulator, the Australian Competition and Consumer Commission, or ACCC, has developed a legislative scheme known as the ‘News Media Bargaining Code’, which seeks to enforce a compulsory arbitration process to determine how much Google and Facebook must pay for the use of news content. Highly controversial and subject to extensive redrafting, this regulatory intervention was seen as necessary because of the ‘bargaining power imbalance’ between these digital platforms and local news publishers. However, in the legislation that creates the Code, the word ‘quality’ appears only once. This seems particularly problematic given that the aim of the regulatory intervention was not simply to address unequal commercial positions, but to shore up the public benefit provided by journalism. In this chapter, we explain how key concerns around digital platforms’ effect on the capacity of Australian news providers to pursue public interest journalism have been translated into policy. We argue that by deploying the tools of competition law instead of media regulation, the Australian Government is overlooking the social utility of news and is building a scheme that could incentivize the creation of poor-quality content.
Goldblatt, B & Hassim, S 2023, 'Grass in the cracks': Gender, social reproduction and climate justice in the Xolobeni struggle' in Albertyn, C, Campbell, M, Alviar, GARCIAH, Fredman, S & Rodriguez, DEASSISMACHADOM (eds), Feminist Frontiers in Climate Justice, Edward Elgar Publishing, Cheltenham, UK, pp. 246-267.
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Hohmann, J 2023, 'Value in the Emotional Register' in Constitutions of Value, Routledge, pp. 295-308.
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Despite the recent “affective turn” in the humanities and social sciences, which is at least partly to be credited with a renewed scholarly interest in emotion, emotion and affect have significant differences, and affect theorists consciously set affect apart from emotion. While there are a number of ways to understand emotion, this chapter focuses on emotion as feelings. It draws on the recent Elgar Handbook of Law and Emotion, in which the editors write that emotions are things people feel “including anger, remorse, loyalty, empathy, compassion, moral outrage, disgust, and respect”. In writing this reflection the chapter soughs to resist the urge to engage with the chapters in a more “traditional” analytical fashion: by summarising and analysing their central arguments, their form and structure, and distilling their contribution to the literature on value.
Hohmann, JM & Schwöbel-Patel, C 2023, 'A Monument to E. G. Wakefield: New and Historical Materialist Dialogues for a Posthuman International Law'.
Hutchinson, J, Dwyer, T & Wilding, D 2023, 'Automation, News and Social Media Pluralism' in Dwyer, T & Wilding, D (eds), Media Pluralism and Online News : The Consequences of Automated Curation for Society, Intellect, Bristol/Chicago, pp. 118-142.
Munton, JR 2023, 'Public Health and Workplace Regulation: Intersections and Influences' in Bennett, B & Freckelton, I (eds), Australian Public Health Law, Federation Press, Sydney, pp. 422-437.
Munton, JR 2023, 'The Evolution of Labour Law in Australia from a Worker Perspective' in Gea, F & Palli, B (eds), L'avenir du droit du travail: perspectives internationale et comparee, Bruylant Larcia Intersentia, France, pp. 557-580.
Pillai, S & Hobbs, H 2023, 'Indigeneity and Membership in Australia After Love' in Politics of Citizenship and Migration, Springer International Publishing, pp. 157-177.
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The place and status of First Nations peoples within Australia has long been contested. In the 2020 decision of Love v Commonwealth, the High Court of Australia declared that Aboriginal and Torres Strait Islander peoples who satisfied the tripartite definition from Mabo v Queensland (No 2) were not aliens, even if they were not Australian citizens. The decision recognised the unique connection First Nations peoples have with the lands and waters of Australia, but it left many unopen questions. The immediate political reaction also suggested many non-Indigenous Australians remain uncomfortable with accepting the unique position First Nations peoples hold in this country. This chapter teases out the legal and political challenges to Indigeneity and membership raised by Love.
Rock, E 2023, 'Questions of Measurement: Striking an Accountability Balance' in Flinders, M & Monaghan, C (eds), Questions of Accountability: Prerogatives, Power and Politics, Hart Publishing, Oxford, UK, pp. 39-60.
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The previous chapter looked at a number of ‘questions of accountability’ by comparing and contrasting two very different perspectives. One drew upon the insights of behavioural psychology, focusing on individual behaviour and rationality; the second explored the field of public administration and the complexities of contextual factors. In many ways Thomas Schillemans’ chapter sought to strike an epistemological and methodological balance that blended and bound the advantages of both perspectives together, while still recognising the existence of inevitable limitations. This chapter continues this focus on balance and blend but from a very different analytical direction. Instead of focusing on disciplinary perspectives, this chapter focuses on the very different – and yet at the same time closely connected – issue of measurement. The basic rationale for this approach is that ‘questions of accountability’ are very often framed (as chapter one illustrated) as relating to issues of ‘too much’ or ‘too little’. Too little accountability (an accountability deficit) is a perception that existing accountability mechanisms are insufficient to deliver on expected accountability outcomes; too much accountability (an accountability overload) arises where the number or operation of accountability mechanisms produces unintended negative consequences.The existence of these two poles is itself, however, founded on the highly questionable assumption that it is possible to measure accountability with a view to defining an ideal amount between these two extremes, which could presumably stand as a reference point to recalibrate or re-engineer the system towards some form of optimal ‘sweet spot’ (Figure 1.1 in chapter one). This chapter draws out this implicit assumption, highlighting the inherent difficulty of striking a proportionate balance that avoids the problems of imposing the ‘wrong’ amount of accountability. More specifically, this chapter focuses on three questio...
Stoianoff, NP, Martin, P & Lim, M 2023, 'Futures methods for environmental law research' in Non-doctrinal Research Methods in Environmental Law, Edward Elgar Publishing, pp. 57-81.
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Thomson, M 2023, 'The Foetal Subject' in Hennette Vauchez, S & Rubio Marin, R (eds), The Cambridge Companion to Gender and the Law, Cambridge University Press, UK, pp. 61-97.
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Reference to embodiment is increasingly visible in legal scholarship, where it is assigned a number of meanings. At times it is employed descriptively to mean the fleshiness of the human condition, indistinguishable from reference to the body or corporeality. Elsewhere, it is used to signify something more than this fleshiness: in part, a challenge to the mind/body split that has haunted legal thought and practice. Finally, for a growing number of legal scholars, it refers to the experience of our corporeality at the intersection of discourses and institutions. While a theoretically richer account of our lives as ‘bio-social’1 beings is impacting on legal scholarship, what embodiment might mean with regard to the specific discourses and institutions of law and legal scholarship is only just beginning to be explored.2 In response, this chapter sets out to clarify and develop a clear understanding of legal embodiment; that is, the particular place of law in processes and practices of embodiment. In doing so, it identifies the body as an important site where law and gender entwine in processes that construct legal subjects.
Vrdoljak, AF 2023, 'Article 13: World Heritage Committee and International Assistance' in Francioni, F & Lenzerini, F (eds), The 1972 World Heritage Convention A Commentary, Oxford University Press, Oxford, pp. 202-221.
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This second edition critically examines the World Heritage Convention against this dynamic evolution of international heritage law to help academics, lawyers, diplomats, and officials interpret and apply the norms of the Convention after ...
Vrdoljak, AF 2023, 'Article 14: The Secretariat and Support of the World Heritage Committee' in Francioni, F & Lenzerini, F (eds), The 1972 World Heritage Convention A Commentary, Oxford University Press, Oxford, pp. 222-247.
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This second edition critically examines the World Heritage Convention against this dynamic evolution of international heritage law to help academics, lawyers, diplomats, and officials interpret and apply the norms of the Convention after ...
Vrdoljak, AF 2023, 'Culture and human rights in times of crises' in Sánchez Cordero, J (ed), Culture and Law: An inescapable encounter, Intersentia, Cambridge, pp. 257-268.
Vrdoljak, AF 2023, 'Regulation and the Online Market in Cultural Objects' in 25 years later...The 1995 UNIDROIT Convention. Cultural objects at the crossroad of rights and interests-25 ans après...La Convention d'UNIDROIT de 1995. Les biens culturels au carrefour des droits et des intérêts. Ediz. bilingue, UNIDROIT, Rome, pp. 74-94.
Vrdoljak, AF 2023, 'The Principle of Sustainable Development and International Cultural Heritage Law' in Pineschi, L (ed), Cultural Heritage, Sustainable Development and Human Rights: Towards an Integrated Approach, Routledge, Abingdon Oxon, pp. 15-45.
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The principle of sustainability is a pillar of international cultural heritage law. It informs the interpretation and implementation of the UNESCO Culture Conventions and reinforces the essential role of culture and cultural heritage in the effective enjoyment of human rights, and the maintenance of peace and security. This chapter traces the evolution of international cultural heritage law in tandem with the right to development and the New International Economic Order (NIEO) through to the operationalization of the UN Sustainable Development Goals. It then provides an overview of the application of the sustainability principle in the operation of the Culture Conventions, that is, the 1954 Hague Convention on Protection during Armed Conflict; the 1970 Convention on Illicit Import, Export and Transfer of Ownership of Cultural Property; the 1972 World Heritage Convention; the 2001 Underwater Cultural Heritage Convention; the 2003 Intangible Cultural Heritage Convention; and the 2005 Convention on Diversity of Cultural Expressions. The chapter concludes with a consideration of how the principle of sustainability is evolving in respect of the international protection of cultural heritage and its effect on international cultural heritage law more generally.
Wilding, D & Dwyer, T 2023, 'New Directions in Media Pluralism and Diversity Interventions' in Wilding, D & Dwyer, T (eds), Media Pluralism and Online News : The Consequences of Automated Curation for Society, Intellect, Bristol/Chicago, pp. 67-96.
Wilding, D & Dwyer, T 2023, 'The Contemporary Policy Context: Plurality, Diversity and Automated Curation' in Wilding, D & Dwyer, T (eds), Media Pluralism and Online News : The Consequences of Automated Curation for Society, Intellect, Bristol/Chicago, pp. 28-66.
Wilkinson, G 2023, 'Exploring moral interests in the intellectual creations underlying trademarks' in Research Handbook on Intellectual Property and Moral Rights, Edward Elgar Publishing, pp. 134-150.
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Anthony, T & Hohmann, J 2023, 'Indigenous Housing Rights and Colonial Sovereignty: Self-Determination and Housing Rights beyond a White Possessive Frame', Social & Legal Studies.
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Through the lens of Aileen Moreton-Robinson's ‘white possessive logics’, this article addresses a series of legal cases concerning inhumane Aboriginal housing in the Northern Territory of Australia. It critiques successive government policies in relation to First Nations people since the colonisation of the Northern Territory in the nineteenth century, setting the cases in their historical context of ongoing subordination of First Nations people to the interests of white possession of land and governance. We argue that domestic law pertaining to First Nations housing rights manifests white possessive logics. Such control can only be overcome through affording First Nations communities self-determination over housing in accordance with international law and First Nations claims. Self-determination and sovereignty are antidotes to the colonial histories that underlie inadequate housing for Indigenous peoples not only in Australia but across settler colonies. In developing this argument, we draw on international law and honour the advocacy of Northern Territory Aboriginal communities who have struggled for community-control over housing and homelands over successive generations.
Berg, L & Farbenblum, B 2023, 'Visa Protections to Enable Exploited Migrant Workers to Bring Labour Claims: An Australian Proposal', Global Labour Rights Reporter, vol. 3, no. 1, pp. 9-15.
Billington, L 2023, 'Colonial Goals Through Colonial Gaols: The Imperative of Indigenous Self-Centred Self-Determination for Indigenous Decarceration', Law Text Culture, vol. 27, pp. 85-120.
Carter, DJ, Byrne, MK, Djordjevic, SP, Robertson, H, Labbate, M, Morgan, BS & Billington, L 2023, 'Personal Data for Public Benefit: The Regulatory Determinants of Social Licence for Technologically Enhanced Antimicrobial Resistance Surveillance.', J Law Med, vol. 30, no. 1, pp. 179-190.
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Technologically enhanced surveillance systems have been proposed for the task of monitoring and responding to antimicrobial resistance (AMR) in both human, animal and environmental contexts. The use of these systems is in their infancy, although the advent of COVID-19 has progressed similar technologies in response to that pandemic. We conducted qualitative research to identify the Australian public's key concerns about the ethical, legal and social implications of an artificial intelligence (AI) and machine learning-enhanced One Health AMR surveillance system. Our study provides preliminary evidence of public support for AI/machine learning-enhanced One Health monitoring systems for AMR, provided that three main conditions are met: personal health care data must be deidentified; data use and access must be tightly regulated under strong governance; and the system must generate high-quality, reliable analyses to guide trusted health care decision-makers.
Carter, DJ, Riley, B, Evans, R, Rahmani, A, Vogl, A, Stratigos, A, Brown, JJ, Robertson, H & Travaglia, J 2023, 'The Legal Needs of People Living with a Sexually Transmissible Infection or Blood-Borne Virus: Perspectives From a Sample of the Australian Sexual Health and Blood Borne Virus Workforce.', J Law Med, vol. 30, no. 3, pp. 706-715.
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Law and the legal environment are important factors in the epidemiology and prevention of sexually transmissible infections (STIs) and blood-borne viruses (BBVs). However, there has been no sustained effort to monitor the legal environment surrounding STIs and BBVs. This article presents the first data on the incidence and impacts of unmet legal needs for those affected by an STI or BBV in Australia using a survey administered to a sample of the Australian sexual health and BBV workforce. Migration, Housing, Money/Debt, Health (including complaints about health services), and Crime (accused/offender) were reported as the five most common legal need areas, with 60% of respondents describing these legal problems as generating a 'severe' impact on health. These results indicate that unmet legal needs generate significant negative impacts in terms of individual health, on public health, and the ability to provide sustainable services such as testing and treatment to those facing unmet legal needs.
Clark, C & Goldblatt, B 2023, 'The right to a healthy environment and social and economic rights—responding to climate change in Australia', Australian Journal of Human Rights, vol. 29, no. 1, pp. 65-83.
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The United Nations General Assembly recently recognised the right to a clean, healthy and sustainable environment. This new right offers to reorient human rights to better address the interdependent relationship of humans and the environment. At the same time, it provides a novel lens to ensure that laws related to the environment account for injustices confronting humans within it. In the context of climate change, and the complex inequalities that it generates, environmental and human rights laws are converging. Social and economic rights, while limited and underexplored in Australia, offer some possibilities, in concert with the right to a healthy environment, to tackle climate injustices. The article suggests that efforts to realise the right to a healthy environment, including via existing legislative articulations of social and economic rights, may provide both opportunities for direct impact through the courts and, more indirectly, support an ontological reframing of the law’s conception of the environment and our relationship with it.
Coulter, DJ, Forkan, ARM, Kang, Y-B, Trounson, JS, Anthony, T, Marchetti, E & Shepherd, SM 2023, 'Culture, Strengths, and Risk: The Language of Pre-Sentence Reports in Indigenous Sentencing Courts and Mainstream Courts', Criminal Justice and Behavior, vol. 50, no. 1, pp. 76-100.
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Pre-sentence reports (PSRs) provide important information about an individual’s background and circumstances to assist judicial officers in the sentencing process. The present study analyzed PSRs for 63 Aboriginal and Torres Strait Islander people sentenced by either an Indigenous sentencing court or a mainstream court in the Australian State of Victoria. Using natural language processing techniques, our analyses revealed few differences between PSRs conducted for each court. However, PSRs were found to predominantly feature key words that are risk-based, with mainstream court PSRs more negatively worded than the Indigenous sentencing court’s PSRs. This may have been due to the inclusion of results from a risk and need assessment tool. Pro-social factors did comprise more than one third of extracted keywords, although the number of strength-based culture-related keywords, in particular, was low across PSRs in both courts. It is possible that courts may not be receiving all the information needed to promote individualized justice.
Crofts, P & van Rijswijk, H 2023, 'A case study of state-corporate crime: Crown Resorts', Current Issues in Criminal Justice, vol. 35, no. 1, pp. 139-161.
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The concept of state-corporate crime has emerged in criminological discourse to explain the nexus of political and economic decision-making by states and corporations, and the ways this cooperation can have socially injurious impacts (Michalowski, R. J., & Kramer, R. C. [2006]. The critique of power. In R. J. Michalowski & R. C. Kramer (Eds.), State-corporate crime. New Brunswick: Rutgers, p. 15). This ‘cooperation’ can include corporations engaging in illegality with the tacit approval of state organisations, states failing to prevent crime, and even states colluding with corporate illegality. In this article, we use state-corporate crime theory to situate the recent wrongdoing at Crown Resorts (henceforth ‘Crown’). We explain how this wrongdoing emerged within a politico-economic environment of neo-liberalism, particularly through the recent deregulation of casinos in New South Wales (NSW). We argue that the organisational decisions within Crown that breached laws and caused harms are best understood as a case of state-corporate crime.
Ding, G 2023, 'Cultural Heritage Rights and Rights Related to Cultural Heritage: A Review of the Cultural Heritage Rights System', Santander Art and Culture Law Review, vol. 2023, no. 2.
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Ding, G 2023, 'Theories and Practices of Public Participation in Public Interest Litigation relating to Cultural Heritage', China Cultural Heritage, vol. 116, no. 4, pp. 56-64.
Dwyer, T, Flew, T & Wilding, D 2023, 'Where to next with Australia’s News Media and Digital Platforms Mandatory Bargaining Code?', Communications, vol. 48, no. 3, pp. 440-456.
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Abstract Taken at face value the introduction in 2021 of Australia’s News Media and Digital Platforms Mandatory Bargaining Code (“the Code”) may appear “world leading,” innovative, and, in general, a productive and strategic intervention to reverse the decline of public interest journalism. It is claimed that in the Australian news industry context, an annual transfer of around $200 million between two platform companies – Google and Meta – and news businesses has now been put in place (Sims, 2022). All major news media companies in Australia, if not smaller more independent ones, have greatly benefitted from the new Code, and anecdotally it appears that the funding has resulted in the creation of significant numbers of new journalists being hired. Yet the exact investment destination and ultimate beneficiaries of the funding are not known beyond the corporate walls of the recipients. The article points to the transparency and sustainability problems inherent to the new Code, arguing that an alternative approach to funding public interest journalism might be a levy funded by the platforms.
Flanagan, F 2023, 'Just Cessation: How Might the Climate Imperative to Phase Out Fossil Fuel Extraction Reshape the Concept of Just Transition?', The International Journal of Comparative Labour Law and Industrial Relations, vol. 39, no. 3/4, pp. 393-418.
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Just transition has emerged as a master conceptual framework for limiting environmental and socially destructive industrial activity in the climate change era. While it has been widely embraced, its anchoring in the open-ended concept of sustainable development has meant that it has been used to legitimate ongoing future fossil fuel extraction. This article discusses the implications for just transition that arise from the recognition that the timely cessation of fossil fuel extraction is the sine qua non of the realization of the sustainable development goals. It offers a historical explanation for the minimal engagement to date between just transition advocacy and fossil fuel cessation. It then discusses the implications of acknowledging the necessity of fossil fuel cessation in terms of core labour law principles. Finally, the article outlines the implications of explicitly embedding fossil fuel phase down as an objective of just transition for government actors and social partners.
Flanagan, F & Clibborn, S 2023, 'Non-Enforcement of Minimum Wage Laws and the Shifting Protective Subject of Labour Law in Australia: A New Province for Law and Order?', Sydney Law Review, vol. 45, no. 3, pp. 337-370.
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This article explains the trajectory of minimum wage laws in Australia, from their initial characterisation as ‘sacrosanct’ following the Harvester judgment to their current status as routinely violated, in terms of changes in the protective function of labour law in Australia. Through a comparative historical analysis, we argue that state actors have consistently used minimum wage laws to make moral interventions in labour relationships to protect the viability of particular employment relations actors, although the focus of those interventions has shifted from employees towards employers. Reconnecting the ‘how’ of wage minima enforcement with the ‘who’ and ‘why’ of labour law protection also contributes to explaining long-term continuities in the functional exclusion of particular employee groups from protection, namely non-citizens and workers in non-unionised industries, despite the prima facie universalism of current wage laws.
Goldblatt, B 2023, 'CLIMATE CHANGE, INEQUALITY AND DISCRIMINATION LAW: THE EXAMPLE OF SWIMMING POOL ACCESS IN MOREE', UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, vol. 46, no. 1, pp. 56-78.
Goldblatt, B 2023, 'Climate Change, Inequality and Discrimination Law: The Example of Swimming Pool Access in Moree', SSRN Electronic Journal, vol. 46, no. 1, pp. 56-78.
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Grey, A 2023, 'Communicative Justice and COVID-19: Australia’s Pandemic Response and International Guidance', Sydney Law Review, vol. 45, no. 1, pp. 1-43.
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This article is driven by concerns over communicative justice and the author’s earlier research finding that only a patchy framework of laws and policies guides decision-making for Australian governments’ multilingual public communications. The article investigates the additional guiding role of international law, specifically the International Covenant on Economic, Social and Cultural Rights and recent commentary by international organisations, alongside an original, empirical case study of Australian governments’ COVID-19 communications. In analysing the Australian case study in light of the international guidance, the article concludes that although Australian COVID-19 communications were available in a relatively high number of languages, they were characterised by inefficiencies and limited community input or strategic planning, leaving Australia arguably falling short of progressively realising its right-to-health obligations.
Grey, A 2023, 'Lawful limits on freedom of expression for private communications ‘in public life’', Cambridge International Law Journal, vol. 12, no. 2, pp. 328-336.
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This is a case note on Hamzy v Commissioner of Corrective Services NSW, a 2022 decision in which the Court of Appeal of the Australian state of New South Wales interpreted the right to freedom of expression, which is enshrined in international human rights law. The decision shows the difficulty of protecting choice of a language as part of freedom of expression both where the semantic import of that choice is undervalued when assessing the reasonableness of a State imposing a language choice and where the lawful exception for a State to restrict the freedom by mandating a language for its public interactions is unduly expanded. The case also reveals the vulnerability of a language speaker group to racialised linguistic discrimination without straightforward recourse.
Hawes, C & Li, GX 2023, 'Alternate Realities: Critical Evaluation of U.S. Legal Sanctions on “Communist Chinese Military Companies”', Tsinghua China Law Review, vol. 15, no. 2, pp. 22-29.
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This paper examines the sanctions imposed on “Communist Chinese Military Companies” (CCMCs) by the Trump administration in 2020, and their 2021 modification by President Biden, which target Chinese companies in “defense and related materiel” and “surveillance technology” industries. The first part of the paper introduces key executive orders and relevant legal provisions. The second part of the paper provides a detailed analysis of successful court injunctions obtained by two Chinese companies, Xiaomi and Luokung, as well as their implications for the defects of the original CCMC process. Next, the paper evaluates the continued inclusion of several companies on the current list, from June 2021, casting doubt on how much President Biden’s modified executive order would improve the inconsistent, if not arbitrary, decision-making process. The last part of the paper questions the underlying assumptions that sanctions introduced in such a hasty fashion would contain national security threats China posed to the U.S., make Chinese people better off, or establish the U.S. as a staunch defender of the rule of law.
Hobbs, H 2023, 'Introducing the Symposium on the Voice to Parliament', PUBLIC LAW REVIEW, vol. 34, no. 2, pp. 103-109.
Hobbs, H 2023, 'The New Right and Aboriginal Rights in the High Court of Australia', Federal Law Review, vol. 51, no. 1, pp. 129-154.
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In resolving disputes, the High Court of Australia sometimes has cause to expound upon the relationship between the Australian State and Aboriginal and Torres Strait Islander peoples. This article examines overblown and disingenuous New Right criticism directed towards the High Court in the aftermath of judgments deemed favourable to Indigenous Australians. It finds two themes recur in these attacks: that the High Court’s decision is undemocratic, or that the High Court has acted illegitimately. This article demonstrates that such claims are legally baseless. Drawing on quotes from major players in this debate, the article argues further that beneath this criticism lies a deeper angst over the sovereign foundations of Australia; an anxiety that reappears in arguments against contemporary calls for constitutional reform. As Australia nonetheless inches closer towards constitutional recognition of Aboriginal and Torres Strait Islander peoples, the ferocity of New Right censure suggests that the movement may fear the Australian people do not share their same suspicions.
Hobbs, H 2023, 'The Voice and its Constitutional Relationship to Parliament and Government', Journal of Australian Indigenous Issues, vol. 26, no. 1-2, pp. 49-52.
Hobbs, H & Wensing, E 2023, 'An Aboriginal and Torres Strait Islander Voice to Parliament: what can Australia learn from other countries?', Commonwealth Journal of Local Governance, vol. 28, no. 3, pp. 139-154.
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This is an edited version of a presentation to the Australian Institute for International Affairs on 16 May 2023. The authors explain the origins of the proposal for an Aboriginal and Torres Strait Islander Voice to the Australian Parliament and why the Voice should be enshrined in the Australian Constitution. They also compare how other countries ensure that Indigenous peoples’ interests are properly considered in the processes of government. They conclude by noting that the proposed Voice is a modest request by Aboriginal and Torres Strait Islanders to be seen in the Constitution and heard in the democratic life of Australia.
Hobbs, H & Williams, G 2023, 'AUSTRALIAN PARLIAMENTS AND THE PANDEMIC', University of New South Wales Law Journal, vol. 46, no. 4, pp. 1314-1355.
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Parliaments play a crucial role during a pandemic in supporting their community to safely navigate the public health emergency. Parliaments must meet regularly, be provided with sufficient time to debate key measures and issues, exercise legislative oversight, and scrutinise government administration and policy. We examine whether Australian Parliaments met these standards during the COVID-19 pandemic. We find that Australian Parliaments often performed poorly.
Hobbs, H, Hayward, P & Motum, R 2023, 'Cyber Micronations and Digital Sovereignty', Digital Society, vol. 2, no. 3.
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AbstractThe Internet has spurred the development of thousands of virtual nations. Located entirely online, these micronations claim sovereignty over vast stretches of cyberspace and engage in performative rituals of statehood. They draft constitutions, compose national anthems, sell citizenship, and sometimes, confuse or confound ordinary people. What are these entities and why do their founders and proponents purport to be a state? What legal and ethical challenges do cyber micronations provoke, and how do they challenge orthodox conceptions of the state? This brief communication considers these questions.
Hopkins, A, Anthony, T, Bartels, L, Allen, S & Henke, E 2023, 'Indigenous Experience Reports: Addressing Silence and Deficit Discourse in Sentencing', University of New South Wales Law Journal, vol. 46, no. 2, pp. 615-649.
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The hyper-incarceration of Indigenous Australians urges analysis of unconscious bias, the application of criminogenic risk assumptions, and structural impediments to consideration of Indigenous experience in sentencing. Disrupting deficit-based discourses requires new approaches to sentencing, in which First Nations voices are heard. This article examines all 149 sentences delivered in the Supreme Court of the Australian Capital Territory between 2009 and 2019, in which the defendant’s Indigenous status was identifiable. We consider the extent and nature of engagement with Indigenous experience, finding a prevailing silence and limited evidence of strengths-based approaches. We argue that listening to First Nations voices in sentencing can provide a counterpoint to deficit discourses and a holistic understanding of the individual and their background, including the ongoing relevance of colonisation in their lives. The use of Indigenous Experience Reports to enable this listening may also promote strengths-based considerations and challenge the efficacy of carceral options.
Jakimow, T, Gomez, M, Gunasekera, V, Harahap, AF, Siahaan, AY, Vanniasinkam, N, Vijeyarasa, R & Yumasdaleni 2023, 'Broken Pathways to Politics: Clearing a Path from Grassroots to Representative Politics', Journal of Women, Politics & Policy, vol. 44, no. 3, pp. 336-353.
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This article seeks to explain why so few women make the journey from social activism and community work to standing for election. Comparative research in Indonesia and Sri Lanka reveals four operations critical to mending the broken pathway to politics for non-elite women. Transference entails the recognition and valuing of women’s preexisting skills, knowledge and experiences gained through grassroots activity for the political field. Amplification is required of women’s symbolic capital so that it impresses upon a larger public. Women’s political constituency and social networks need to be extended to be commensurate with electoral boundaries and campaign needs, and to extend limited financial resources. Women’s sense of self (who they are and desire to be) needs to fit the ethical terrain and “feel” of the political field, requiring an operation of translation. This analytical heuristic can help identify strategies to mend the broken pathway from grassroots to representative politics.
Johnston, B 2023, 'A Revised Approach to Advance Personal Planning: The Role of Theory in Achieving “The Good Result”', Journal of Bioethical Inquiry, vol. 20, no. 3, pp. 421-431.
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AbstractThis article explores traditional views of advance care planning in the broader context of advance personal planning, which also accounts for legal and financial matters. Criticisms of existing processes are noted, while the significance of interprofessional collaboration is highlighted. Reframing the purpose of advance personal planning as planning for the rest of life, rather than the end-of-life, and adopting a more holistic perspective informed by theory may help individuals to view advance personal planning as a routine, preventative exercise that safeguards their autonomy and well-being. Both lawyers and healthcare providers have an important role to play in reframing the purpose of advance personal planning. This revised approach is underpinned by the unification of two separate theoretical lenses: Preventive Law Theory and Therapeutic Jurisprudence. This combination enhances our understanding of what it means for people to truly achieve “the good result” (Holtz 2017) when planning ahead for their future legal, financial, health, and personal interests. Preventive Law Theory encourages an ongoing, collaborative relationship between lawyers and their clients, or healthcare providers and their patients, while Therapeutic Jurisprudence ensures an ethical approach to advance personal planning that accounts for all aspects of the individual’s well-being, including consideration of vulnerability, autonomy, and empowerment.
Johnston, B, Ries, N & Waller, A 2023, 'Key Informant Perspectives on Barriers to Advance Personal Planning: Results from a Qualitative Interview Study', Journal of Law and Medicine, vol. 30, no. 1, pp. 690-705.
Johnston, B, Ries, NM & Waller, A 2023, 'Key Informant Perspectives on Barriers to Advance Personal Planning: Results from a Qualitative Interview Study.', J Law Med, vol. 30, no. 3, pp. 690-705.
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Advance Care Planning (ACP) relates to the process of thinking about, discussing, and potentially documenting future wishes and preferences relating to personal and health matters. Existing literature has explored ACP from the perspective of health care professionals and older people. However, data exploring the broader process of Advance Personal Planning (APP), which also accounts for plans relating to legal and financial matters, are limited. This article reports on an interview study that explored barriers to APP engagement, factors influencing the quality and future use of instruments, and opportunities for improving APP processes for older adults from the perspectives of key informants working in the fields of law, health, and aged care. Data were coded in NVivo and analysed thematically. Opportunities for improvement include education, normalising conversations, integration into usual practice, and reform. Recommendations are made at professional, community, and structural levels, with the aim of improving APP outcomes for all involved.
Kaye, M 2023, 'Family violence and family law property division: How can the system be improved?', Alternative Law Journal, vol. 48, no. 1, pp. 31-37.
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This article explores how the economic impacts of violence can continue long after a relationship has ended and how the family law system is a generally unhelpful tool for financial recovery from abuse. Hurdles in the legal system such as the unavailability of legal aid and the absence of affordable legal representation, lack of legislative reforms in relation to property division in cases of violence, and difficulties in enforcing orders, compound experiences of violence and entrench poverty. Reforms to improve the family law property system for victims of violence are suggested.
Kirkby, D 2023, 'EDITORIAL', Labour History, vol. 125, no. 1.
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Lenta, P 2023, 'Amnesties and Forgiveness', The Journal of Value Inquiry, vol. 57, no. 2, pp. 277-294.
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Lenta, P 2023, 'Amnesties, Transitional Justice and the Rule of Law', Hague Journal on the Rule of Law, vol. 15, no. 3, pp. 441-469.
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AbstractThe aim of this paper is to assess an objection to amnesties conferred in transitional justice contexts: that they violate the rule of law. The paper begins by setting out the objection and presenting three possible replies to it. Each is argued to be unsatisfactory. The central contention of the paper, namely that the success of the objection depends on amnesties’ terms and the reasons for which they are introduced, as well as on what conception of the rule of law is operative, is then presented. The argument that amnesties violate the rule of law on account of public international law, or national constitutions containing bills of rights, prohibiting their use without exception is then rebutted. Few amnesties violate the rule of law for this reason. Finally, the paper addresses a further rule of law-based objection to amnesties that is related to, yet distinct from, the objection that amnesties violate the rule of law. According to this second rule of law-based objection, amnesties prevent, or at least hinder, the restoration of the rule of law in post-conflict societies. This objection is countered by demonstrating that amnesties do not always promote the rule of law less effectively than trials and punishment and may even, in some cases, be essential for the restoration of the rule of law.
Lenta, P 2023, 'Post-conflict amnesties and/as plea bargains', Journal of Global Ethics, vol. 19, no. 2, pp. 188-205.
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Libesman, T & Gray, P 2023, 'Self-Determination, Public Accountability, and Rituals of Reform in First Peoples Child Welfare', First Peoples Child & Family Review, vol. 18, no. 1, pp. 81-96.
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First Peoples continue to face intergenerational harms as a result of settler systems of intervention in the lives of their families, including the forced removal of children. First Peoples resistance includes advocacy for systemic change, in particular, focused on foundations of greater accountability in child welfare systems, and recognition of First Peoples’ right to self-determination. However, achieving these necessary structural changes remains a pressing challenge. Using the example of the recent Aboriginal-led review of child welfare in New South Wales (NSW), Australia, ‘Family is Culture’, this paper explores the cycle of inquiry and response, and the repeated failures to enable self-determination or strengthen public accountability and oversight. Drawing on concepts including legitimacy and the rule of law, we conceptualise this pattern of reviews as a ritual of redemption by settler child – welfare systems, distancing themselves from ‘past’ wrongs while refusing to address the harmful foundations of these systems, thereby perpetuating the violence imposed on First Peoples children, families and communities. This contrasts with First Peoples’ frameworks for child welfare reform, which must be urgently realised in order to establish such systems on more just and effective foundations.
Libesman, T, Gray, P, Mathews, B & McCraken, M 2023, 'Forward to Special Edition on First Peoples Voices in child protection', First Peoples Child and Family Review, vol. 18, no. 1, pp. 1-3.
Methven, E 2023, 'Skipping straight to the punishment: criminal infringement notices and factors that influence police discretion', Current Issues in Criminal Justice, vol. 35, no. 1, pp. 100-117.
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The Australian criminal justice system has witnessed a shift towards out-of-court justice in the form of police-issued penalty notices. The exercise of police discretion in such instances has largely escaped critique, in part due to insufficient executive and judicial oversight of this early stage of decision-making. This article sheds light on factors that influence police decision-making regarding whether to issue a penalty notice for suspected criminal offending. It critiques a unique dataset of interviews conducted with Western Australia police officers to inquire into how police structure their discretion around considerations that include: alleged offender characteristics and attitudes, the purposes of punishment and concerns about resourcing, efficiency and productivity. The article advances scholarly understandings of how the legal and policy structure governing police-issued penalty notices encourages police to differentiate between suitable and unsuitable candidates for fines.
Miller, R & Hobbs, H 2023, 'Unraveling the International Law of Colonialism: Lessons From Australia and the United States', Michigan Journal of Race & Law, no. 28.2, pp. 271-271.
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In the 1823 decision of Johnson v. M’Intosh, Chief Justice John Marshall formulated the international law of colonialism. Known as the Doctrine of Discovery, Marshall’s opinion drew on the practices of European nations during the Age of Exploration to legitimize European acquisition of territory owned and occupied by Indigenous peoples. Two centuries later, Johnson—and the international law of colonialism—remains good law throughout the world. In this Article we examine how the Doctrine of Discovery was adapted and applied in Australia and the United States. As Indigenous peoples continue to press for a re-examination of their relationships with governments, we also consider whether and how the international law of colonialism has been mitigated or unraveled in these two countries. While we find that the Doctrine lingers, close examination provides several important lessons for all Indigenous nations and governments burdened by colonization.
Mowbray, A, Chung, P & Greenleaf, G 2023, 'Explainable AI (XAI) in Rules as Code (RaC): The DataLex approach', Computer Law & Security Review, vol. 48, pp. 105771-105771.
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The need for explainability in implementations of ‘Rules as Code (RaC)’ has similarities to the concept of ‘Explainable AI (XAI)’. Explainability is also necessary to avoid RaC being controlled or monopolised by governments and big business. We identify the following desirable features of ‘explainability’ relevant to RaC: Transparency (in various forms); Traceability; Availability; Sustainability; Links to legal sources; and Accountability. Where RaC applications are used to develop automated decision-making systems, some forms of explainability are increasingly likely to be required by law. We then assess how AustLII's DataLex environment implements ‘explainability’ when used to develop RaC: in open software and codebases; in development and maintenance methodologies; and in explanatory features when codebases are executed. All of these XAI aspects of DataLex's RaC are consistent with keeping legislation in the public domain no matter how it is encoded.
Mowbray, A, Chung, P & Greenleaf, G 2023, 'Representing legislative Rules as Code: Reducing the problems of ‘scaling up’', Computer Law & Security Review, vol. 48, pp. 105772-105772.
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We propose an approach to analysing the nature of existing legal rules, particularly legislative rules, that regards legislation as fundamentally a set of related propositions. We propose a method for representing these rules, using a coding language developed for the project that uses a quasi-natural language representation. It enables the interpreter program for that coding language to process these rules so as to produce ‘consultations’ to determine the values of goals which the legislation is capable of determining, with dialogues and explanations generated ‘on the fly’. Progress that has been made in automating this coding process to create rules in that coding language directly from existing legislation, using a pre-processor program developed for the project. This can also be described as ‘scaling up’ the production of ‘Rules as Code’ or ‘Law as Code’. If successfully developed further this has potential to make a significant contribution toward realising the practical potential of Rules as Code. We conclude there is now evidence that these processes can be generalised (‘scaled up’) to deal with the conversion or production of large bodies of legislation, and that this has considerable value. The pre-processor software is evolving rapidly, in the variety of structural forms of legislation that it can convert into the coding language, and this work will continue. Based on this experience, we also demonstrate how the drafting of legislation could be changed so that appropriately drafted legislation is directly readable and understandable by humans and also directly usable by machines. To be effective, laws drafted in this way will need to be simultaneously authoritative legislative rules and code.
Munton, JR 2023, 'Current Issues: Religion, Politics, and Job Security', Australian Law Journal, vol. 97, pp. 89-93.
Munton, JR & Harvey, K 2023, 'Compensating Work Injuries for Precarious Workers: An Historical Perspective', Journal of Work and Ideas, vol. 2023, pp. 1-27.
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Media attention to serious accidents affecting on-demand food delivery workers has prompted debateabout whether (and if so how) such workers should be provided with insurance coverage for work related injury. This article reviews current workers’ compensation laws in the Australian states, andinterrogates the historical rationale for the introduction of special provisions deeming certain kinds ofworkers as ‘employees’ for the purpose of coverage notwithstanding that they were not engaged underemployment contracts. We discover that arguments which convinced parliaments in the 1900s, 1920sand 1950s to include the likes of ‘tributers’ and ‘pick up’ workers in the past, are equally persuasivetoday.
Nelson, JK 2023, 'Contesting racist talk in families: strategies used, and effects on family practices and social change', Journal of Ethnic and Migration Studies, vol. 49, no. 3, pp. 752-769.
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Opeskin, B 2023, 'Can the Australian Judicial System Meet the Structural Challenges of Future Population Change?', AUSTRALIAN LAW JOURNAL, vol. 97, no. 9, pp. 651-663.
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This article examines the impact of population change on the evolution of the Australian judicial system. Through four case studies, it argues that demography is an important but overlooked lens through which to understand pressures on the judicial system over coming decades. The case studies examine the impact of increasing life expectancy on judicial tenure; of population ageing on judicial pensions; of international migration on judicial diversity; and of population redistribution on the spatial delivery of justice in lower courts. Using data on Australia’s historical demographic experience and projected demographic future, the article argues that key structural reforms are needed if the judicial system is to sustain the core values of judicial independence, access to justice, quality of justice, public trust, and cost effectiveness.
Opeskin, B 2023, 'Lazy data? Using administrative records in research on judicial systems', Oñati Socio-Legal Series, vol. 13, no. S1, pp. S145-S170.
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Social science research on courts and judges requires data that are typically generated through interviews, observation, or surveys for the purpose of answering specific research questions posed by the researcher. However, traditional methods of data collection are not always feasible. As an alternative, this paper examines the use of administrative data, which have been collected for non-research purposes, in judicial research. Using research undertaken by the author in Australia over the past decade as case studies, the paper examines potential sources of administrative data on courts and judges, how they can be acquired, and the uses to which they can be put. The paper then assesses the advantages and disadvantages of using administrative data, which vary substantially according to the data source. The paper concludes by agreeing with Babbie (2020) that ‘with so much data already collected, the lack of funds to support expensive data collection is no reason for not doing good and useful social research’ on judicial systems.La investigación en ciencias sociales sobre tribunales y jueces requiere datos que suelen generarse a través de encuestas, entrevistas u observación con el fin de responder a preguntas de investigación concretas planteadas por el investigador. Sin embargo, los métodos tradicionales de recopilación de datos no siempre son factibles. Como alternativa, este artículo examina el uso de datos administrativos, que han sido recogidos con fines ajenos a la investigación, en la investigación judicial. Utilizando como estudios de caso las investigaciones realizadas por el autor durante la última década, el artículo examina las fuentes potenciales de datos administrativos sobre tribunales y jueces, cómo pueden ser adquiridos y los usos que se les puede dar. A continuación, el artículo evalúa las ventajas e inconvenientes de la utilización de datos administrativos, que varían sustancialmente según la fuente de datos. El artículo conclu...
Rawlings, J 2023, '1.Rawlings J.“Certification-ness”: distinctiveness and the intersection between certification trade marks certifying geographical origin and geographical indications for food, wine and spirits” Intellectual Property Forum, Issue No. 131 – March 2023 p50', Intellectual Property Forum, vol. 131, no. March 2023, pp. 50-71.
Ries, N, Johnston, B, Jeon, Y, Mansfield, E, Nay, R, Parker, D, Schnitker, L & Sinclair, C 2023, 'Advance planning for research participation: Time to translate this innovation into practice', Australasian Journal on Ageing, vol. 42, no. 1, pp. 225-233.
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AbstractObjectivesAdvance planning for research is a process that involves thinking about, discussing and expressing preferences for taking part in research during future periods of incapacity. The process may include making an advance research directive and naming trusted people to be involved in decisions about research participation. Advance research planning could help to overcome barriers to including people with dementia in research. To encourage innovation in this area, this article presents recommendations informed by a stakeholder workshop that brought together consumer representatives and representatives active in dementia, ageing and health‐related research, policy‐making, advocacy and service delivery in health and aged care.MethodsAn online workshop where 15 stakeholders shared perspectives and suggestions for implementing advance research planning, with a focus on research involving people with dementia.ResultsRaising awareness of advance research planning requires multi‐faceted strategies. Training and resources are needed for researchers, ethics committees and organisations regarding this form of advance planning and the use of research directives. Like any form of advance planning, planning ahead for research must be a voluntary, informed and person‐centred process. There is a lack of uniform legal rules on research involving people who lack the capacity to consent; however, advance research directives could, in principle, inform decisions about research participation.ConclusionsAs a matter of law, policy and practice, people are encouraged to plan ahead in many areas of their life. Research planning has been relatively neglected, and the recommendations offered here aim to encourage ...
Ries, NM & Johnston, B 2023, 'Making an Advance Research Directive: An Interview Study with Adults Aged 55 and Older with Interests in Dementia Research', Ethics & Human Research, vol. 45, no. 3, pp. 2-17.
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ABSTRACTMany people with dementia are interested in taking part in research, including when they no longer have capacity to provide informed consent. Advance research directives (ARD) enable people to document their wishes about research participation prior to becoming decisionally incapacitated. However, there are few available ARD resources. This Australian interview study elicited the views of people aged 55 years and older about the content of an ARD form and guidance booklet and processes to support research planning. Participants (n = 25; 55 to 83 years) had interests in dementia research. All participants described the ARD materials as easy to understand, and all expressed willingness to take part in future research. Nearly half believed that an ARD should be legally enforceable, while others saw it as a nonbinding document to guide decisions about their participation in research. Close family members were preferred as proxy decision‐makers. The ARD form and guidance booklet may be adapted for use elsewhere.
Riley, S 2023, 'The Most Unwanted: Pest, Feral, Invasive Alien, Biosecurity Risk', Australian Environment Review, vol. 37, no. 10, pp. 194-199.
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The phrase, “the most unwanted” comes from a website hosted by the New South Wales (NSW) Department of Primary Industries (DPI), that deals with “non-native pest animals”. In Australia, managing unwanted species traditionally relies on the use of lethal methods, an approach that from at least the 19th century, has polarised public opinion. Recent media reports reveal increasing disagreement among conservationists, farmers and animal advocates, with the latter arguing that killing, particularly aerial shooting is inherently cruel, while conservationists and farmers consider that environmental and economic benefits outweigh any perceived cruelty. This article provides an introduction to the debate, commencing with an overview of the regulatory regime. While unwanted species need to be managed, the issue is whether wholesale killing (killing to waste) is appropriate. Current processes certainly make it easier to kill unwanted animals, but do so by glossing over animal welfare concerns and do not necessarily improve long term environmental management.
Robinson, DF & Wright, E 2023, 'Access and benefit-sharing: what indicators to measure ‘success’?', Trends in Ecology & Evolution, vol. 38, no. 9, pp. 795-798.
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We examine challenges with measuring 'success' in access and benefit-sharing (ABS) of biological resources. We note a lack of indicators and draw on Pacific patent landscaping, ABS case studies, and research permit figures to highlight that ABS systems are functioning somewhat, although they are often not meeting expectations.
Rock, E 2023, 'Causation in Public Law', Australian Journal of Administrative Law, vol. 30, pp. 56-56.
Rock, E & Weeks, G 2023, 'Getting What You Want From Administrative Law', AIAL Forum, vol. 108, no. September, pp. 88-108.
Schofield-Georgeson, E 2023, 'Legal obstacles and possibilities for environmental bargaining in Australia', Journal of Industrial Relations, vol. 65, no. 3, pp. 297-320.
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Informed by an emerging discourse in environmental labour studies, this article investigates the legality of environmental bargaining in Australia. It demonstrates that existing enterprise bargaining law mostly prevents meaningful and enforceable bargaining regarding environmental issues. Proposed here instead is that more impactful possibilities for environmental bargaining exist under state Work Health and Safety (WHS) laws. In this respect, the article engages with some of the latest legal developments within the field of WHS that may enable environmental bargaining on the terms recommended by the environmental labour studies literature. It nevertheless acknowledges that such proposals may generate additional regulatory and resource burdens on regulators and workers alike. Accordingly, it concludes by canvasing a range of alternative regulatory arrangements rendering environmental bargaining more fair and effective.
Schofield-Georgeson, E & Heino, B 2023, 'Work or subsistence?: Guaranteeing jobs and income in the twenty-first century', Journal of Australian Political Economy.
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Neoliberalism has failed to deliver basic social needs of work and subsistence. Two key strategies designed to overcome this failure are a jobs guarantee and a universal basic income. Although each is buttressed by well-developed bodies of literature, a wide-ranging and rigorous comparison of the advantages and disadvantages of each in the context of contemporary Australian society is lacking. This article will compare the performance of each idea across a number of indicators, including effects on employment levels, the wage structure, inflation, funding and the environment, before concluding with some observations about institutional durability and reproducibility. As a result of this analysis, we conclude that a jobs guarantee has more to offer contemporary Australian society.
Schofield-Georgeson, E & Munton, JR 2023, 'Precarious Work in the High Court', Sydney Law Review, vol. 45, no. 2, pp. 219-247.
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Three recent High Court decisions dealing with forms of precarious work have reaffirmed the ‘primacy of contract’ in determining the rights of workers to the protections of the Fair Work Act 2009 (Cth) (‘Fair Work Act’). The court’s approach represents a turn towards what critical contract theorist Roberto Unger has called ‘retro formalism’, curtailing any prospect for the common law of employment to recognise the economic reality of working relationships in determining employment status. This article argues that three aspects of the Court’s reasons produce this outcome: (i) the articulation of a ‘rights and duties’ rule to distinguish employment from independent contracting; (ii) the application of strict commercial contract principles to employment relationships; and (iii) the likelihood that the Court’s emphasis on the primacy of written contracts will thwart the exercise of some statutory powers of the Fair Work Commission under the Fair Work Act’s protective provisions. This development signals the urgency for statutory reform to ensure that the most precarious forms of work are captured in statutory labour laws.
Silink, A 2023, 'Corrupt Benefits for Trustees and Others The Scope of the Offence under s 249E of the Crimes Act 1900 (NSW)', JOURNAL OF BANKING AND FINANCE LAW AND PRACTICE, vol. 33, no. 3.
Steele, L 2023, 'Ending disability segregated employment: ‘modern slavery’ law and disabled people's human right to work', International Journal of Law in Context, vol. 19, no. 2, pp. 217-235.
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AbstractDisability segregated employment (also referred to as ‘sheltered workshops’) violates disabled people's human right to work and employment. This article argues that modern slavery law might serve as one part of a broader strategy to end disability segregated employment, ensure accountability for the injustices within them and ensure equal access to open employment opportunities for disabled people. This is on the basis that disability segregated employment can be understood as a form of labour exploitation under modern slavery law – specifically forced labour and servitude. Modern slavery law is a useful legal tool to unseat deeply entrenched ableist attitudes of disability segregated employment as beneficial and necessary and build corporate/charity, public and government momentum towards the transition away from disability segregated employment, even if this particular area of law cannot itself legally compel the closure of sheltered workshops and an increase in open employment opportunities for disabled people.
Stoianoff, NP, Turnbull, S & Poelina, A 2023, 'Polycentric Self-Governance and Indigenous Knowledge', Journal of Behavioural Economics and Social Systems, vol. 5, no. 1-2, pp. 62-82.
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This article's main aim is to discuss research exploring how the self-governing practices found in Indigenous societies, biota and modern organisations can be embedded into the constitutions of legal entities to protect and share the wellbeing of humanity, biota and the planet. In this paper, we explore how Australian Indigenous knowledge and practices can be embedded into organisational entities and discuss how this can be achieved by reformatting Ostrom's design principles to be incorporated into corporate constitutions following an ecological form of governance practised by Indigenous Australians. This form of polycentric self-governance can aggregate the voices of minorities representing local environments up to a global level. We use case studies, system science and biomimicry to explore polycentric self-governance and how organisations can adopt it to focus on the wellbeing of all stakeholders. In particular, the paper highlights how Indigenous knowledge can contribute globally to achieving societal sustainability.
Thomson, M 2023, 'Health Inequalities: Law & the Pain of Others', Social & Legal Studies, vol. 32, no. 4, pp. 586-605.
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Health inequalities are a social injustice experienced globally. State action to address this has generally been insufficient, with inequities persisting, or - as in the case of the UK - worsening. This article contends that social epigenetics has a role in generating more robust state responses and makes two related arguments. First, it is argued that an epigenetic explanation of avoidable health inequalities has the potential to provoke change because it works within the gene paradigm. Second, epigenetics provides an opportunity to challenge a different paradigm, that of the liberal legal subject. This fictive figure has long impoverished understandings of harm and responsibility; including in the context of health inequalities. Martha Fineman’s model of the vulnerable subject is engaged as an alternative to this figure. The original and expansive articulation of the epigenetic landscape - an idea now significantly narrowed – is articulated as a space for an interdisciplinary exploration of the role of epigenetics in securing a state more responsive to inequalities.
VIJEYARASA, R 2023, 'Flamer-Caldera v Sri Lanka: Asia-Wide Implications of an Essential Evolution in CEDAW's Jurisprudence', Asian Journal of International Law, vol. 13, no. 2, pp. 209-219.
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AbstractIn 2022, the CEDAW Committee issued an Individual Communication concerning Rosanna Flamer-Caldera, a lesbian woman, human rights defender, and Executive Director of the only organization in Sri Lanka advocating for the rights of the entire lesbian, gay, bisexual, transgender, and intersex community. To date, the CEDAW Committee has received extensive criticisms concerning its neglect of women from diverse gender identities and sexual orientations. In this Communication, the Committee found that Sri Lanka's criminalization of consensual same-sex relations among women violates Articles 2, 5, 15, and 16 of the Convention. Importantly, the Committee makes clear that non-heterosexual relations fall within the right to marriage and family relations, enshrined in the Convention. With numerous States Parties in the region retaining criminalization, this article analyses the implications of this decision for States Parties in Asia and grapples with the question, “Is this Communication ground-breaking?” and if so, how.
Vijeyarasa, R 2023, 'Gendered Harms and the Regulation of Artificial Intelligence: A Comparative Assessment of Emerging Legislative Practice', Notre Dame Journal of Emerging Technologies, vol. 5, no. 1, pp. 114-161.
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The risk that Artificial Intelligence (AI) will magnify existing gendered harms and create new ones is relatively established among academic circles. Scholars highlight how AI replicates gender biases in the results of search engines or in the use of AI-driven technologies in employment or banking-related decisions when such technologies are designed, deployed, and used without due attention to genderedimpacts. Yet, a question remains as to whether these gender perspectives are being incorporated into the AI-related laws emerging globally. At the time of writing, the race to regulate AI is intensifying, but too few initiatives pay attention to the gender-related challengesgenerated by AI systems. The vast majority of proposed or actual laws fail to adequately address gendered harms, if at all. In this article, I offer emerging global good practices to translate this gendered knowledge into legislation and seek to understand how anintersectional gender lens can be incorporated into domestic law. In Part II, I set out what is AI, what are its gendered implications and how do AI technologies replicate existing societal gender biases. I discuss theallocative harms of AI and the representative harms and elaborate upon an emerging but largely under-acknowledged harm, equality gaps in AI literacy. In Part III, I turn to the question of regulating AI with gender in mind. I seek to arrive at a better understanding of how non-discrimination, equality, and bias can be incorporated into the laws governing AI. A comparative multi-jurisdictional study, I draw upon the legislative debates unfolding in the US, Japan, China, and Australia before turning to the more promising examples emerging from the EU, Canada, and Brazil. I conclude by considering how we might regulate better to achieve algorithmic fairness for a greater diversity of women.
Wangmann, J, Bartlett, F, Batagol, B, Booth, T, Douglas, H, Kaye, M & Seear, K 2023, 'What is ‘good’ domestic violence lawyering?: views from specialist legal services in Australia', International Journal of Law, Policy and the Family, vol. 37, no. 1.
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Abstract There is increasing recognition that many lawyers, regardless of their practice area, will represent people who have both used and experienced violence in their intimate relationships. This suggests that being informed about domestic and family violence (DFV) is an important attribute of competent lawyering. Despite repeated reports and research drawing attention to poor practices, many lawyers lack DFV training. There is limited research about what it means to be a ‘good’ DFV lawyer. To explore this, we conducted focus groups with lawyers employed in specialist women’s legal services in Australia. Much work undertaken in these services involves working with clients who have experienced DFV, so these lawyers are well placed to identify features of ‘good’ DFV lawyering. The attributes for competent lawyering with people who have experienced DFV, include being knowledgeable about DFV, being trauma-informed/responsive, being knowledgeable about the law and the relevance of violence, adopting a safety lens and providing a holistic service. Our study identifies a number of areas that require further research including understanding the difference between DFV-informed lawyering and trauma-informed/responsive lawyering, and whether specific competencies are required when representing people who experience DFV or have used DFV. Despite years of research and various inquiries pointing to inadequacies and making recommendations for improvement, this article draws attention to continuing gaps in this area.
Wangmann, J, Bartlett, F, Batagol, B, Booth, T, Douglas, H, Kaye, M & Seear, K 2023, 'What is 'good' domestic violence lawyering? Views from specialist legal services in Australia', International Journal of Law, Policy and the Family, vol. 37, no. 1, pp. 1-23.
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There is increasing recognition that many lawyers, regardless of their practice area, will represent people who have both used and experienced violence in their intimate relationships. This suggests that being informed about domestic and family violence (DFV) is an important attribute of competent lawyering. Despite repeated reports and research drawing attention to poor practices, many lawyers lack DFV training. There is limited research about what it means to be a ‘good’ DFV lawyer. To explore this, we conducted focus groups with lawyers employed in specialist women’s legal services in Australia. Much work undertaken in these services involves working with clients who have experienced DFV, so these lawyers are well placed to identify features of ‘good’ DFV lawyering. The attributes for competent lawyering with people who have experienced DFV, include: being knowledgeable about DFV, being trauma-informed/responsive, being knowledgeable about the law and the relevance of violence, adopting a safety lens and providing a holistic service. Our study identifies a number of areas that require further research including understanding the difference between DFV-informed lawyering and trauma-informed/responsive lawyering, and whether specific competencies are required when representing people who experience DFV or have used DFV. Despite years of research and various inquiries pointing to inadequacies and making recommendations for improvement, this article draws attention to continuing gaps in this area.
Wangmann, JM, Kaye, M & Booth, T 2023, 'Addressing the Problem of Direct Cross-Examination in Australian Family Law Proceedings', University of New South Wales Law Journal, vol. 45, no. 4, pp. 1415-1448.
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Difficulties experienced by victims of family violence who are cross-examined by the unrepresented perpetrator of that violence (or vice versa) in family law proceedings are well-documented. Such direct cross-examination can be traumatic and unlikely to generate high quality evidence. In 2019 this problem was addressed in Australia by the Family Violence and Cross-Examination Scheme (‘Scheme’). Under this Scheme, direct cross-examination by self-represented litigants is prohibited on a mandatory or discretionary basis in certain family law cases involving allegations of family violence. This article examines the implementation of the Scheme by drawing on data from a large ethnographic project that was concerned with self-representation in family law proceedings involving allegations of family violence and an analysis of recent case law. We highlight issues in the early administration of the Scheme as well as more complex ongoing issues. This article provides an evidence base to guide policy and legislative developments in this area.
Wardell, A 2023, 'Case: Relief under ss 139D(2) and 139E(2) of the Bankruptcy Act', ARITA.
Wardell, A 2023, 'Case: Step-in rights and power of attorney are s 12 security interests under the Personal Property Securities Act 2009 (Cth)'.
Wardell, A 2023, 'Case: Use of s 81 examination transcripts in proceedings claiming a dishonest and fraudulent design to defeat creditors'.
Wilding, D & Lee, K 2023, 'The ACCC s Proposed Digital Platform Ombuds Scheme: Does It Go Far Enough?', Computers and Law, vol. 94, pp. 8:1-8:6.
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A proposal by the Australian Competition and Consumer Commission for the establishment of a new Digital Platform Ombuds Scheme is being considered by the Australian government. Drawing on our research into options for digital platform complaint handling, and a round table consultation we held with industry, government and consumers at the end of 2022, we support the proposal and also suggest that the existing Telecommunications Industry Ombudsman scheme could be adapted for this purpose. Using a typology for digital platform complaints that we developed as part of our research, we observe that the proposed ombuds scheme would cover only ‘transactional’ type disputes between end-users and platforms, such as unmet contractual obligations. Recognising the likely expansion of complaints between end-users, and the fluidity of complaint types, we argue for a more comprehensive approach that would address a broader range of complaints, coupled with the development of internal dispute resolution standards.
Wilkinson, G 2023, 'Packaging Domestic Interests Into Intellectual Property Law: Lessons From Tobacco Plain Packaging Disputes', Monash University Law Review, vol. 47, no. 2, pp. 1-41.
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Disputes about tobacco plain packaging legislation highlight the complex interplay between trade and investment agreements and domestic regulatory autonomy to protect public welfare objectives when developing intellectual property legislation. This article evaluates whether recent decisions about Australia’s plain packaging measures in the WTO Dispute Settlement Body permit effective intellectual property calibration for local conditions in Australia. It finds that states should feel more confident about developing intellectual property policy that restricts the interests of intellectual property owners but is consistent with social welfare interests and non-WTO agreements such as the Framework Convention on Tobacco Control. It recommends a series of questions for legislators to consider when restricting intellectual property rights. The Philip Morris–Uruguay arbitration on Uruguayan tobacco packaging measures demonstrates that the proposed approach could also be useful to support contested intellectual property legislation in investor state disputes. The article argues that adopting this approach can support both calibration of domestic interests in domestic intellectual property laws and better integration of different fields of international law such as human rights obligations.
Wright, E, Lindsay, D & Wilkinson, G 2023, 'Who is Responsible for an Internet of Unsafe Things under the Australia Consumer Law?', AUSTRALIAN JOURNAL OF COMPETITION AND CONSUMER LAW, vol. 31, no. 1, pp. 16-28.
Young, S, Hobbs, H & McIntyre, J 2023, 'The growth of pseudolaw and sovereign citizens in Aotearoa New Zealand courts', New Zealand Law Journal, vol. February 2023, pp. 6-10.
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Hundreds of cases are heard in the High Court of New Zealand each year. Only a few receive attentionin the media. One of those cases was handed down in August 2022. On appeal, in James v DistrictCourt at Whanganui [2022] NZHC 2196 (31 August 2022), a self-represented litigant argued that hedid not have to register his dog under s 42 of the Dog Control Act 1996, because ‘Connor’ – a HungarianVizsla – was a legal person, and a ‘Person does not have to Register with a Local Authority or wear acollar or be restrained by a leash’ (at [3]). As Gwyn J noted, two themes underlaid the applicant’ssubmissions: that he is a ‘sovereign person’ beyond the jurisdiction of the Court, and that the Courtrequires consent for legitimacy, and he has not given his consent to be bound by its processes (at [13]).Unfortunately for the applicant, his case was dismissed, and he was ordered to pay costs. The case ofJames is but one example of a growing number of cases concerning ‘pseudolaw’ – where litigantsmisuse the forms of legal argumentation while advancing strange and fanciful substantive arguments.Cases involving pseudolaw are increasingly posing a challenge to the smooth operation of courts onboth sides of the Tasman Sea.If you are a practitioner, registrar, or judge, you have probably run across a pseudolegal argument insome capacity. Often initial amusement or perplexity is quickly replaced by concern and frustration.Who are these people, is it a growing movement, and how should lawyers, judges, and court officersrespond? Our research suggests that the last three years has seen a growth in such pseudolegalarguments, and that it is increasingly necessary that the broader legal profession is familiar with thecontours of this phenomenon and have appropriate strategies to deal with it. This article provides anoverview of the types of argumentative patterns utilised by pseudolaw adherents, and suggests someinitial thoughts on how to respond to it.There ar...
Attard, M, Davis, M & Wilding, D UTS Centre for Media Transition 2023, Exposure Draft: Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 - Consultation on new ACMA powers, June 2023 - Submission to Department of Infrastructure, Transport, Regional Development, Communications and the Arts, Sydney.
Berg, L, Farbenblum, B & Hemingway, C Migrant Justice Institute 2023, Submission to the Senate Standing Committee on Legal and Constitutional Affairs Inquiry into the Migration Amendment (Strengthening Employer Compliance) Bill 2023 (Cth), no. 13, Canberra.
Berg, L, Farbenblum, B & Hemingway, C n/a 2023, Submission to the Senate Education and Employment Legislation Committee Inquiry into the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (Cth), Canberra.
Berg, L, Farbenblum, B & Hemingway, C Attorney-General's Department, Federal Government of Australia 2023, Submission: Independent Review of the National Legal Assistance Partnership (NLAP), pp. 1-8, Sydney.
Berg, L, Farbenblum, B & Hemingway, C Migrant Justice Institute 2023, Supplementary Submission to the Senate Standing Committee on Legal and Constitutional Affairs Inquiry into the Migration Amendment (Strengthening Employer Compliance) Bill 2023 (Cth), Canberra.
Berg, L, Farbenblum, B & Sarah, M Migrant Justice Institute 2023, Avenues for exploited migrant workers to remain in their country of employment to pursue labour remedies, pp. i-20, Sydney.
Berg, L, Farbenblum, B & Verma, S Migrant Justice Institute 2023, Breaking the Silence: A Proposal for Whistleblower Protections to Enable Migrant Workers to Address Exploitation, pp. 1-24, Sydney.
Berg, L, Verma, S & Farbenblum, B Human Rights Law Centre and Migrant Justice Institute 2023, Submission to the Senate Standing Committee on Legal and Constitutional Affairs Inquiry into the Migration Amendment (Strengthening Employer Compliance) Bill 2023 (Cth), Canberra.
Davis, M, Attard, M & Wilding, D Centre for Media Transition 2023, Safe and Responsible AI in Australia. Submission to Department of Industry, Science and Resources., Supporting responsible AI, Sydney.
Davis, M, Molitorisz, S & Tian, Y Centre for Media Transition, University of Technology Sydney 2023, Safeguarding freedom of expression and access to information: guidelines for a multistakeholder approach in the context of regulating digital platforms: Submission to UNESCO, Safeguarding freedom of expression and access to information:guidelines for a multistakeholder approach in the context ofregulating digital platforms, Sydney.
Dehm, S, Loughnan, C, O'Donnell, S & Silverstein, J Commonwealth Senate Standing Committee on Legal and Constitutional Affairs 2023, Submission to the Inquiry into the Migration Amendment (Evacuation to Safety) Bill 2023, Canberra.
Greenleaf, G, Mowbray, A & Chung, P Department of Industry, Science and Resources 2023, Regulation of (Generative) AI Requires Continuous Oversight, Sydney.
Hohmann, J N/A 2023, Parliamentary Joint Committee on Human Rights Inquiry into Australia's Human Rights Framework Submission from the Economic, Social and Cultural Rights (ESCR) Network (Australia & Aotearoa/New Zealand) (June 2023), Parliamentary Joint Committee on Human Rights, no. Submission No 86, Australia.
Hohmann, J United Nations 2023, Submission to the UN Special Rapporeteur on Contemporary forms of Slavery, Including its Causes and Consequences, on Homelessness as a cause and a consequence of contemporary forms of slavery (28 March 2023)., Call for input on Homelessness as a cause and a consequence of contemporary forms of slavery, Submission to the UN Special Rapporeteur on Contemporary forms of Slavery, Including its Causes and Consequences, on Homelessness as a cause and a consequence of contemporary forms of slavery (28 March 2023)..
Hohmann, J Mercy Foundation 2023, The Right to Housing as a Human Right: A Guide for Civil Society, Sydney.
Libesman, T, Gray, P, Chandler, E, Briskman, L, Didi, A & Avery, S UTS Law, Jumbunna Institute of Indigenous Education and Research, Western Sydney University 2023, Parents with disability and their experiences of child protection systems, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Sydney.
Lin, J, Ries, N, Sutton, N, Woods, M, Lewis, R & Brown, D University of Technology 2023, A New Model for Regulating Aged Care: A Submission on the Supposed New Regulatory Model Consultation Paper No2, Sydney.
Mowbray, A, Chung, P & Greenleaf, G Robodebt Royal Commission 2023, Applying the Rule of Law in Automated Decision Systems through Rules as Code, Robodebt Royal Commission, Sydney.
Opeskin, B Australasian Institute of Judicial Administration 2023, Judicial Diversity In Australia: A Roadmap for Data Collection, pp. 1-86, Sydney.
Pietsch, T, Bongiorno, F, Clark, A, Flanagan, F, Rubenstein, K, Schultz, J & Wallace, C University of Technology Sydney 2023, Histories of Australian Democracy: Australian Centre for Public History UTS Working Paper, Australian Centre for Public History UTS Working Paper, pp. 1-23, Sydney.
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The Histories of Australian Democracy is a research report from a funded project commissioned by the Department of Home Affairs
Piller, I, Bodis, A, Butorac, D, Cho, J, Cramer, R, Farrell, E, Grey, A, Lising, L, Motaghi-Tabari, S, Smith-Khan, L, Tenedero, PP, Torsh, H, Williams Tetteh, V, Wang, Y, Abdullah, T, Bruzon, AS & Quick, B Joint Standing Committee on Migration 2023, Submission to the Joint Standing Committee on Migration Inquiry into ‘Migration, Pathway to Nation Building', Online.
Ries, N, Callaghan, S & Kumfor, F University of Technology Sydney 2023, Criminal risk behaviours in people with dementia - Stakeholder Workshop Report, pp. 1-22, Sydney, NSW.
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This document reports on a workshop that was convened at the University of Technology Sydney in June 2023 to bring together representatives from stakeholder organisations and professions around the complex issue of criminal risk behaviours that may occur among people living with dementia in the community.
Rock, E & Boughey, J Commonwealth Government 2023, Submission to the Administrative Review Taskforce ‘Administrative Review Reform: Issues Paper’, Administrative Review Reform: Issues Paper, Australia.
Silink, A Commonwealth Parliament 2023, Submission to the Commonwealth Parliamentary Joint Committee Inquiry into Corporate Insolvency, Corporate Insolvency in Australia, no. 76, Sydney, NSW.
Stoianoff, N DCCEEW 2023, Submission by Professor Natalie Stoianoff To: DCCEEW Re: Nature Repair Market Exposure Draft 3 March 2023, Nature Repair Market Draft Bill, no. 0153, pp. 1-14, Canberra.
Sutton, N, Ma, N, Yang, J, Lewis, R, Woods, M, Ries, N & Parker, D University of Technology Sydney 2023, Australia’s Aged Care Sector: Mid-Year Report (2022–23), Sydney, Australia.
Sutton, N, Ma, N, Yang, JS, Lewis, R, Woods, M, Tsihlis, E, Lin, J & Parker, D University of Technology Sydney 2023, Australia’s Aged Care Sector: Full-Year Report (2022–23), pp. 1-153, Sydney, Australia.
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On 7 December 2023, UARC released the fourth edition of its Australia’s Aged Care Sector Report. The report includes detailed analyses of de-identified datasets collected by StewartBrown, including financial, workforce and other operational results, for 1,197 aged care homes and 68,129 home care packages. It also provides independent analyses of the first year of AN-ACC, Star Ratings results and the opportunities the drafting of the new Aged Care Act presents. Highlights are:Financial performance continues to deteriorate Losses grow for non-care servicesAcute financial viability issues in rural areasLarger providers benefit from economies of scale
Tsihlis, E, Lin, J, Woods, M, Sutton, N, Debono, D, Carnemolla, P, Lorber-Kasunic, J, Brown, D, Ries, N, Parker, D & Tsihlis, E University of Technology Sydney 2023, A New Aged Care Act: A Submission on the Foundations of the New Aged Care Act Consultation Paper No.1, University of Technology Sydney.
Vijeyarasa, R & Vanniasinkam, N Development Leadership Program 2023, Re-constructing pathways for grassroots Sri Lankan women's political participation: Tools for valuing the 'feminine' and the 'local', Development Leadership Program.
Wilding, D & Lee, K Centre for Media Transition 2023, Digital Platforms: Government Consultation on ACCC’s Regulatory Reform Recommendations - Consultation Paper, December 2022. Submission to Treasury by Centre for Media Transition, Digital Platforms: Consultation on Regulatory Reform, pp. 1-14, Centre for Media Transition.
Adamson, AW, Ding, YC, Steele, L, Leong, LA, Morgan, R, Wakabayashi, MT, Han, ES, Dellinger, TH, Lin, PS, Hakim, AA, Wilczynski, S, Warden, CD, Tao, S, Bedell, V, Cristea, MC & Neuhausen, SL 2023, 'Genomic Analyses of Germline and Somatic Variation in High-Grade Serous Ovarian Cancer', Research Square Platform LLC.
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Bartie, S 2023, 'Katherine Biber, Priya Vaughan, and Trish Luker, eds. Law’s Documents: Authority, Materiality, Aesthetics. New York: Routledge, 2022, 375 pp.', Cambridge University Press (CUP), pp. 286-288.
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Billings, P & Vogl, A 2023, 'Indefinite Detention and the HCA Ruling: An end to indefinite immigration detention in Australia?', Border Criminologies.
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The first part of this article explores the key reasons for the High Court’s ruling in NZYQ v Minister for Immigration, which were recently published in full. The second part of the blog canvasses the importance of the decision, its immediate impact and implications for immigration law and policy in Australia.
Carter, DJ, Byrne, MK, Djordjevic, S, Robertson, H, Labbate, M, Morgan, B & Billington, L 2023, 'Antimicrobial Resistance Surveillance Technology: Keys to Success', Center for Open Science.
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Carter, DJ, Byrne, MK, Djordjevic, S, Robertson, H, Labbate, M, Morgan, B & Billington, L 2023, 'Public Support for Next-Generation Antimicrobial Resistance Surveillance', Center for Open Science.
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Croese, C 2023, 'Beyond the static PowerPoint presentation: Using Premiere Pro to add life to your video lectures'.
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Presentation to the UTS:LX sponsored video production community of practice on how to use Adobe Premiere Pro to produce high quality, visually engaging video lectures.
Croese, C 2023, 'Damages for breaches of statutory guarantees', Law Society Journal Online.
Crofts, P 2023, 'Fundamentals of criminal law', Rutgers.
Crofts, P & Bull, L 2023, 'Why we let corporations act like monsters', 2SER.
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Interview about the harms caused by corporations and how the failure of criminal law to respond is horrific.
Grey, A 2023, 'Alexandra Grey, “Linguistic Inclusion and Good Governance in Multilingual Australia''.
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Webinar for the Linguistic Justice Society
Grey, A 2023, ''Forensic Linguistics in Australia: Origins, Progress and Prospects' Diana Eades, Helen Fraser and Georgina Heydon (2023)', Equinox Publishing, pp. 144-151.
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Forensic Linguistics in Australia: Origins, Progress and ProspectsDiana Eades, Helen Fraser and Georgina Heydon (2023)Cambridge University Press. 90 pp.
Grey, A 2023, 'Linguistic Inclusion in Public Health Communications', Language on the Move.
Grossi, R 2023, 'The (Dis)Entanglement of Method, Methodology and Epistemology', Critical Legal Thinking.
Heino, B 2023, 'Ruth Dukes and Wolfgang Streeck, Democracy at Work: Contract, Status and Post-Industrial Justice. Cambridge, UK, Hoboken, USA: Polity Press, 2023, pp. 180, ISBN: 978-1-509-54899-6, AUD $32.95 (paperback).', Cambridge University Press (CUP), pp. 622-626.
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Heino, B 2023, 'Ruth Dukes and Wolfgang Streeck, Democracy at Work: Contract, Status and Post-IndustrialJustice. Cambridge, UK, Hoboken, USA: Polity Press, 2023, pp. 180, ISBN: 978-1-509-54899-6,AUD $32.95 (paperback).', Cambridge University Press.
Hobbs, H 2023, '50 HUMAN RIGHTS CASES THAT CHANGED AUSTRALIA', SAGE PUBLICATIONS LTD, pp. 232-232.
Hobbs, H 2023, 'Empire and Indigeneity: Histories and Legacies. By Richard Price (London: Routledge, 2021), pp. xii + 358. AU$73.99 (pb).', Wiley, pp. 166-168.
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Hobbs, H & Gomez, A 2023, 'Australians Speak Out: Persuasive Language Styles', LAWBOOK CO LTD.
Hobbs, H, Norman, H & Walsh, M 2023, 'What actually is a treaty? What could it mean for Indigenous people?', The Conversation.
Landrigan, M 2023, 'Statements from the Soul - the Moral Case for the Uluṟu Statement from the Heart', Sage.
Nierenberg, JL, Adamson, AW, Hu, D, Huntsman, S, Patrick, C, Li, M, Steele, L, Tong, B, Shieh, Y, Fejerman, L, Gruber, SB, Haiman, CA, John, EM, Kushi, LH, Torres-Mejía, G, Ricker, C, Weitzel, JN, Ziv, E & Neuhausen, SL 2023, 'Whole exome sequencing and replication for breast cancer among Hispanic/Latino women identifiesFANCMas a susceptibility gene for estrogen-receptor-negative breast cancer', Cold Spring Harbor Laboratory.
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O'Donnell, S, Dehm, S, Loughnan, C & Silverstein, J 2023, 'Creating Sickness and Death: The Health-Related Harms of Australia’s Refugee Externalisation Policies', Border Criminologies (Faculty of Law, University of Oxford).
Sheldon, S & Lord, J 2023, 'Guest editorial: Care not criminalisation; reform of British abortion law is long overdue', BMJ, pp. 523-524.
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Steele, L & Goldblatt, B 2023, ''Menstruation, Law and Human Rights – A Focus on Disability', Menstruation, Law and Justice Symposium, University of Technology Sydney'.
Thomas, A, Norman, H & Walsh, M 2023, 'Before the Barunga Declaration, there was the Barunga Statement, and Hawke’s promise of Treaty', https://theconversation.com/before-the-barunga-declaration-there-was-the-barunga-statement-and-hawkes-promise-of-treaty-206613.
van Rijswijk, H & Crofts, P 2023, 'what is the ‘tort of misfeasance’ and how might it apply in the case of robodebt?', The Conversation.
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The final report of the robodebt royal commission has revealed the full extent of one of the most egregiously harmful acts our government has ever committed against some of the most vulnerable Australians.At the end of her scrupulous examination of the robodebt scheme, commissioner Catherine Holmes concluded by stating that the people behind robodebt caused extraordinary harm “through venality, incompetence and cowardice”.Holmes also reluctantly concluded that a compensation scheme for these harms is not practicable. However, a sealed section of the report has been sent to relevant agencies that details potential civil and criminal claims that may be brought against former ministers and public servants.What are the potential legal avenues available?
Vijeyarasa, R 2023, 'Ramona Vijeyarasa, Review of Ruth Rubio-Marín. Global Gender Constitutionalism and Women’s Citizenship', Oxford University Press (OUP), pp. 737-743.
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Vijeyarasa, R 2023, 'Women as outsiders of the law: A review of How many more women? Exposing how the law silences women Women as outsiders of the law: A review of How many more women? Exposing how the law silences women , by Jennifer Robinson and Keina Yoshida, Allen & Unwin, Crows Nest, NSW Australia, 2022, 424 pp, $34.99 (hardback), ISBN 9781761066702', Informa UK Limited, pp. 187-191.
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Walsh, M 2023, 'Matthew Walsh, 2023. ‘Indigenous Nation Building and Sovereign Convergences’, Posthuman Summer School, University of Utrecht, The Netherlands, August 22'.
Wilding, D 2023, 'Online News Act Won't Break the Web', Toronto Star, pp. IN6-IN6.
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Op ed on the Canadian Online News Act.
