Journal articles on the topic 'Human rights Government policy Australia'
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1
Puspita, Natalia Yeti, and Annisa Irina Nur Halima. "PACIFIC SOLUTION POLICY: MENGGUGAT TANGGUNG JAWAB AUSTRALIA DALAM PENANGANAN PENGUNGSI." Jurnal Paradigma Hukum Pembangunan 5, no. 01 (August 24, 2020): 1–19. http://dx.doi.org/10.25170/paradigma.v5i01.1648.
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As one of the countries which is ratifying the 1951 Refugeee Convention and the 1967 Protocol, Australia has an obligation to protect refugees and guarantee their rights as stated in the provisions. With the issuance of the Pacific Solution Policy by the Australian Government to restrict refugees who come to Australia, Australia has reneged on international treaties on the protection of refugees that have been ratified. Based on the results of normative juridical research which is used in this paper, it can be seen that the state sovereignty principle which is used as the legal basis for implementing the policy cannot necessarily erase the obligations that have been imposed on it, especially with the development of the current understanding of the state sovereignty principle that links human rights protection. In addition, the attachment to international agreements that have been agreed based on the principle of Pacta Sunt Servanda becomes the basis for strengthening legitimacy that the Australian Government can be held responsibility in connection with the implementation of the Pacific Solution Policy in the handling of refugees in Australia.
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Martin, Stevie. "Friends of the Earth: ‘Government Policy’, Relevant Considerations and Human Rights." Journal of Environmental Law 33, no. 2 (March 1, 2021): 449–54. http://dx.doi.org/10.1093/jel/eqab012.
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Abstract Litigation involving climate change is on the increase both domestically and internationally and the Supreme Court's judgment in Friends of the Earth Ltd joins that list. While it was not as directly concerned with the implications of climate change as, perhaps, recent case law from the Netherlands or Australia, the case has significant implications including in terms of future litigation involving human rights challenges based on climate change. Three aspects of the judgment in particular warrant consideration. First, the legitimacy of the Court's purposive interpretation of the meaning of ‘Government policy’. Second, the Supreme Court left unanswered the question of whether the Paris Agreement was so ‘obviously material’ to the exercise of the relevant discretion that a failure to have regard to it would be Wednesbury unreasonable. Finally, the Supreme Court rejected the claim that designating the Airports National Policy Statement would interfere with any rights contained in the European Convention of Human Rights. This case analysis examines each of these aspects of the judgment.
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Caroine, Norma. "The Koreanization of the Australian Sex Industry: A Policy and Legislative Challenge." Korean Journal of Policy Studies 26, no. 3 (December 31, 2011): 13–36. http://dx.doi.org/10.52372/kjps26302.
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South Korea enacted Legislation in 2004 that penalizes pimps, traffickers, and sex industry customers while decriminalizing people in prostitution and offering assistance to leave the sex industry. In contrast, Australia Legally recognizes most sex industry activities. This article argues that Australia`s Laissezfaire approach to the sex industry hampers South Korean government efforts to prevent the crime of sex trafficking. Since 2004, pimps and traffickers have moved their activities from South Korea to countries like Australia and the US that maintain relatively hospitable operating environments for the sex industry. The Australian government should reconsider its approach to prostitution on the basis of its diplomatic obligations to countries Like South Korea and the need to uphold the human rights of women in Asia who are being trafficked and murdered as a result of sexual demand emanating from Australia. Australia should coordinate its policy on prostitution with South Korea to strengthen the region`s transnational anti-trafficking response.
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Mann, Monique, Angela Daly, Michael Wilson, and Nicolas Suzor. "The limits of (digital) constitutionalism: Exploring the privacy-security (im)balance in Australia." International Communication Gazette 80, no. 4 (March 15, 2018): 369–84. http://dx.doi.org/10.1177/1748048518757141.
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This article explores the challenges of digital constitutionalism in practice through a case study examining how concepts of privacy and security have been framed and contested in Australian cyber security and telecommunications policy-making over the last decade. The Australian Government has formally committed to ‘internet freedom’ norms, including privacy, through membership of the Freedom Online Coalition (FOC). Importantly, however, this commitment is non-binding and designed primarily to guide the development of policy by legislators and the executive government. Through this analysis, we seek to understand if, and how, principles of digital constitutionalism have been incorporated at the national level. Our analysis suggests a fundamental challenge for the project of digital constitutionalism in developing and implementing principles that have practical or legally binding impact on domestic telecommunications and cyber security policy. Australia is the only major Western liberal democracy without comprehensive constitutional human rights or a legislated bill of rights at the federal level; this means that the task of ‘balancing’ what are conceived as competing rights is left only to the legislature. Our analysis shows that despite high-level commitments to privacy as per the Freedom Online Coalition, individual rights are routinely discounted against collective rights to security. We conclude by arguing that, at least in Australia, the domestic conditions limit the practical application and enforcement of digital constitutionalism’s norms.
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Lim, Ly Ly. "A Multicultural Act for Australia." Cosmopolitan Civil Societies: An Interdisciplinary Journal 10, no. 2 (July 27, 2018): 47–66. http://dx.doi.org/10.5130/ccs.v10i2.5981.
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Multiculturalism as a public policy framework depends on states identifying cultural differences among their citizens as salient for resource allocation, political participation and human rights. The adoption of multiculturalism as a term and a framework signifies the recognition of a politics of difference within a liberal democratic framework of identities and aspirations. Yet the national government in Australia unlike any other country with espoused policies of multiculturalism has chosen to have neither human rights nor multicultural, legislation. This paper argues that multicultural societies require either or both sets of legislation to ensure both symbolic affirmation and practical implementation. Taking inspirations from international, Australian State and Territory based multicultural and diversity legislations, and modelling on the Australian Workplace Gender Equality Act of 2012, this paper explores what should be included in a national multicultural legislation and how it could pragmatically operationalise in Australia to express multiculturalism’s emancipatory agenda.
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Paisley, Fiona. "Citizens of their World: Australian Feminism and Indigenous Rights in the International Context, 1920s and 1930s." Feminist Review 58, no. 1 (February 1998): 66–84. http://dx.doi.org/10.1080/014177898339596.
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Inter-war Australia saw the emergence of a feminist campaign for indigenous rights. Led by women activists who were members of various key Australian women's organizations affiliated with the British Commonwealth League, this campaign proposed a revitalized White Australia as a progressive force towards improving ‘world’ race relations. Drawing upon League of Nations conventions and the increasing role for the Dominions within the British Commonwealth, these women claimed to speak on behalf of Australian Aborigines in asserting their right to reparation as a usurped people and the need to overhaul government policy. Opposing inter-war policies of biological assimilation, they argued for a humane national Aboriginal policy including citizenship and rights in the person. Where white men had failed in their duty towards indigenous peoples, world women might bring about a new era of civilized relations between the races.
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McGaughey, Fiona, Tamara Tulich, and Harry Blagg. "UN decision on Marlon Noble case: Imprisonment of an Aboriginal man with intellectual disability found unfit to stand trial in Western Australia." Alternative Law Journal 42, no. 1 (March 2017): 67–70. http://dx.doi.org/10.1177/1037969x17694790.
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On 23 September 2016, the United Nations (UN) Committee on the Rights of Persons with Disabilities found that the Australian government had breached its obligations under the UN Convention on the Rights of Persons with Disabilities. The case against Australia was brought by Marlon Noble, an Aboriginal man with an intellectual disability who was charged with sexual assault but found unfit to stand trial under the Mentally Impaired Defendants Act 1996 (WA). He was imprisoned indefinitely in 2001 and has been held in civil detention in the community since 2012. This article analyses the current policy and legislative context in Western Australia on this issue and reflects on Australia’s previous responses to individual human rights complaints to UN Committees.
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Silove, Derrick, and Sarah Mares. "The mental health of asylum seekers in Australia and the role of psychiatrists." BJPsych International 15, no. 3 (July 17, 2018): 65–68. http://dx.doi.org/10.1192/bji.2018.11.
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There are more displaced people around the world than ever before, and over half are children. Australia and other wealthy nations have implemented increasingly harsh policies, justified as ‘humane deterrence’, and aimed at preventing asylum seekers (persons without preestablished resettlement visas) from entering their borders and gaining protection. Australian psychiatrists and other health professionals have documented the impact of these harsh policies since their inception. Their experience in identifying and challenging the effects of these policies on the mental health of asylum seekers may prove instructive to others facing similar issues. In outlining the Australian experience, we draw selectively on personal experience, research, witness account issues, reports by human rights organisations, clinical observations and commentaries. Australia’s harsh response to asylum seekers, including indefinite mandatory detention and denial of permanent protection for those found to be refugees, starkly demonstrates the ineluctable intersection of mental health, human rights, ethics and social policy, a complexity that the profession is uniquely positioned to understand and hence reflect back to government and the wider society.
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Nguyen, Nathalie Huynh Chau. "Memory in the Aftermath of War: Australian Responses to the Vietnamese Refugee Crisis of 1975." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 30, no. 02 (June 15, 2015): 183–201. http://dx.doi.org/10.1017/cls.2015.21.
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Abstract This article interweaves the personal and archival by exploring the intersection of official Australian records on the fall of Saigon and government handling of Vietnamese refugees in 1975 with my family history. As transitional justice addresses the legacies of human rights violations including the displacement and resettlement of refugees in post-conflict contexts, Australian responses to the Vietnamese refugee crisis of 1975 provide a relevant case study. Drawing on a wide range of archival documentation at the National Archives of Australia and the National Library of Australia, including policy papers, Senate findings, confidential cables, ministerial submissions, private correspondence and photographs, I trace the effect of government decisions on Vietnamese refugees seeking asylum. In the process I reveal actions by senior bureaucrats and in particular by then Prime Minister Gough Whitlam that are largely unknown. Combining archival research with personal history enables me to not only shed light on past actions of governance and uncover past injustice but also explore the enduring impact of government decision-making on individual lives.
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Bull, Melissa, Emily Schindeler, David Berkeman, and Janet Ransley. "A Demography and Taxonomy of Long-term Immigration Detention in Australia." International Journal for Crime, Justice and Social Democracy 2, no. 1 (April 30, 2013): 98–112. http://dx.doi.org/10.5204/ijcjsd.v2i1.93.
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The practice of long-term immigration detention is a relatively recent aspect of Australian Government policy. There has been much debate about the wisdom of such policy, raising concerns regarding the health of detainees, the dereliction of human rights, and the legal robustness of such practice. Despite considerable interest, little detail is available describing who is being held and the reasons for their long-term detention. This paper addresses this noticeable gap through a systematic analysis of the Commonwealth Ombudsman’s Immigration Reports over the period 2005 through 2009. From such reporting it has been possible to produce a demographic profile of people held in Australian detention and to develop a taxonomy of the reasons contributing to the ongoing containment.
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Firebrace, Sharon. "Issues in Service Delivery for Women Statewide: Koori Context." Australian Journal of Primary Health 4, no. 3 (1998): 89. http://dx.doi.org/10.1071/py98034.
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For introduction, let me state what most of us will readily acknowledge as fact: the Koori health profile contains the greatest challenge for health providers on all levels today. This has been the case for decades and current indicators confirm the relatively stagnant health outcomes of Australia's indigenous population. Similarly challenged indigenous populations throughout the world -especially in New Zealand, Canada and USA - have improved their indigenous health profiles while we, in Australia, lag behind. Despite the best intentions of government and indigenous agencies, the state of indigenous health remains a damning indictment of our society's human rights conscience.
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Mortimer, Anastasia, Temitope Egbelakin, and Willy Sher. "Policy interventions for disaster-related internal displacement in Australia." IOP Conference Series: Earth and Environmental Science 1101, no. 2 (November 1, 2022): 022030. http://dx.doi.org/10.1088/1755-1315/1101/2/022030.
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Abstract It is projected that internal displacement of populations in the aftermath of natural hazards will occur more frequently due to climate change [1]. However, to date, 35 nations have implemented policy or legal protections at a national level to plan for displacement or to protect the rights of internally displaced people (IDPs) [2]. While no cohesive national strategy for internal displacement has been developed in Australia, a thematic analysis of climate change, disasters, and emergency management policies was conducted to determine if Australian policy acknowledges the issue of internal displacement or plans for its effects. The study found that Australian policy fails to recognise the needs of IDPs and the threat of displacement risk. The failure of national governments to implement policy and legislation on internal displacement has the potential to undermine the 2030 Agenda for Sustainable Development and stifle the progression of international initiatives such as the Sendai Framework and the Paris Climate Agreement. Furthermore, the lack of recognition for the issue at the governmental level contributes to disaster displacement risk creation, placing vulnerable populations at risk of displacement and associated stressors. As displacement governance is an integral part of addressing the human impacts of climate change and natural hazards [3], this research suggests how displacement risk could be reduced in Australia through national-level policy interventions.
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Elphick, Jeremy. "Cinematic poetics and reclaiming history." Alphaville: Journal of Film and Screen Media, no. 18 (December 1, 2019): 199–204. http://dx.doi.org/10.33178/alpha.18.18.
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Australia’s brutal legacy of offshore detention has been marked by tragedy, human rights abuses and international condemnation, framed within an overarching failure to reach any true resolution. The difference between Australia’s two major political parties’ approach to immigration policy has been largely cosmetic and there is little tangible difference between the actual policies they have implemented and sustained. Human Rights Watch bluntly diagnosed Australia as having “serious unresolved human rights problems”, calling the conditions on Manus and Nauru “abysmal” (Giakoumelos). This paper examines the process by which successive Australian governments have advocated and implemented border and immigration policies and, more specifically, how control of information has been a central tactic in defining how such policies are perceived by the public. There is a questionable disconnect between Australia’s political class and those targeted by the immigration policies it sustains. Chauka, Please Tell Us the Time (Boochani and Kamali Sarvestani 2017) captures the cruelty of Australia’s offshore detention policy, while intimately mapping the emotional and psychological experience of living in detention. Chauka, Please Tell Us the Time marks a fundamental shift, blunting attempts to dehumanise those in detention from a distance, while highlighting the moral crisis that this dehumanisation has created.
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O'Donnell, Carol. "Policy, Funding and Management Strategies to Promote Health, Community-based Rehabilitation and Regional Development in Australia." Australian Journal of Rehabilitation Counselling 8, no. 2 (January 2002): 81–89. http://dx.doi.org/10.1017/s1323892200000557.
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People with disabilities comprise 19% of the Australian population. Normalisation, human rights, community-based rehabilitation and mutual obligation policies are consistent. All require broadly conceptualised services which develop the potential and capacities of people with disabilities, to enable their self-determination and social integration. There is commitment to a national platform of standards for health and environment protection. Regionally pooled funding and separate management streams for accommodation and services for the aged would facilitate coordinated and transparent management of all accommodation, health and disability funds. Elected government representatives and universities appear well placed to assist the broad, regionally planned approach to resolving community health problems which area health service managers and others have commenced.
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Osmond, Gary, Murray G. Phillips, and Alistair Harvey. "Fighting Colonialism: Olympic Boxing and Australian Race Relations." Journal of Olympic Studies 3, no. 1 (May 1, 2022): 72–95. http://dx.doi.org/10.5406/26396025.3.1.05.
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Abstract Australian Aboriginal boxer Adrian Blair was one of three Indigenous Australians to compete in the 1964 Tokyo Olympic Games. To that point, no Indigenous Australians had ever participated in the Olympics, not for want of sporting talent but because the racist legislation that stripped them of their basic human rights extended to limited sporting opportunities. The state of Queensland, where Blair lived, had the most repressive laws governing Indigenous people of any state in Australia. The Cherbourg Aboriginal Settlement, a government reserve where Blair grew up as a ward of the state, epitomized the oppressive control exerted over Indigenous people. In this article, we examine Blair's selection for the Olympic Games through the lens of government legislation and changing policy toward Indigenous people. We chart a growing trajectory of boxing in Cherbourg, from the reserve's foundation in 1904 to Blair's appearance in Tokyo sixty years later, which corresponds to policy shifts from “protection” to informal assimilation and, finally, to formal assimilation in the 1960s. The analysis of how Cherbourg boxing developed in these changing periods illustrates the power of sport history for analyzing race relations in settler colonial countries.
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Lederman, Joe. "Protecting Legal Rights when Things Go Wrong: Legal Recourse if Mandatory Fortification of a Food Were To Harm Human Health." Deakin Law Review 14, no. 2 (December 1, 2009): 367. http://dx.doi.org/10.21153/dlr2009vol14no2art147.
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<p>Food laws can encompass considerations that extend beyond food safety. The recent food standard mandating the fortification of flour with folic acid in Australia illustrates the legal problems and legal risks when governments<br />introduce food standards that aim to medicinalise the population through the food supply despite a lack of scientific consensus. Legal analysis of the process by which the folic acid fortification was introduced into flour in Australia demonstrates legal inadequacies, administrative and policy<br />failures, as well as flaws in safety assumptions. An analysis of the restrictions on legal rights and remedies for any adversely affected consumers seeking legal redress, and the existence of statutory immunities for governments, demonstrates a need for legal reform and changes in policy development processes.</p>
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Quirk, Victor. "The light on the hill and the ‘right to work’." Economic and Labour Relations Review 29, no. 4 (December 2018): 459–80. http://dx.doi.org/10.1177/1035304618817413.
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In 1945 the Curtin Labor Government declared it had the capacity and responsibility to permanently eliminate the blight of unemployment from the lives of Australians in its White Paper ‘Full Employment in Australia’. This was the culmination of a century of struggle to establish the ‘right to work’, once a key objective of the 19th century labour movement. Deeply resented and long resisted by employer groups, the policy was abandoned in the mid-1970s, without an electoral mandate. Although the Australian Labor Party and union movement urged public vigilance to preserve full employment during 23 years of Liberal rule, after 1978 they quietly dropped the policy as the Australian Labor Party turned increasingly to corporate donors for the money they needed to stay electorally competitive. While few leading lights of today’s Labor movement care to discuss it, it is right that Australians celebrate this bold statement of our right to work, and the 30 years of full employment it heralded. JEL Codes: P16, P35, N37
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Nicholls, Rob. "Reform in Australia: A Focus on Informed Consent." Global Privacy Law Review 3, Issue 3 (September 1, 2022): 177–89. http://dx.doi.org/10.54648/gplr2022018.
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This article analyses the Australian privacy framework in the context of both the Australian Competition and Consumer Commission’s Digital Platforms Inquiry (DPI) and the Consumer Data Right (CDR). This analysis extends to informed consent and attitudes to unfairness and unconscionability. The article offers potential solutions to the current patchwork approach which go further than the Government response to the DPI. It argues that the Australian Government’s response is not an adequate response nor a set of suitable solutions to the problem. The article proposes a two-pronged approach that recognizes the urgency of the issue through the suggestion of a series of ‘quick policy wins’ that will result in more meaningful and effective protection for consumers and further systemic, long-term recommendations for change that can be achieved through policy development, further consultation and integration with other existing legislation. The quick policy wins centre on three specific changes, including definitional updates, content and structure of online standard form agreements and enforcement, penalties and sanctions, and long-term solutions. The long-term solutions are proposed to include regulation of website design, better integration of the laws, regulators and enforcement bodies, a faster, more consistent pace of policy review and recognition of the societal and human benefit of informed consent to online standard form agreements. Australia, Digital Platforms, Consumer Data Right, Informed Consent, Reform
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Poulos, Elenie. "Constructing the Problem of Religious Freedom: An Analysis of Australian Government Inquiries into Religious Freedom." Religions 10, no. 10 (October 18, 2019): 583. http://dx.doi.org/10.3390/rel10100583.
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Australia is the only western democracy without a comprehensive human rights instrument and has only limited protection for religious freedom in its constitution. It was Australia’s growing religious diversity—the result of robust political support for multiculturalism and pro-immigration policies in the post-war period—that led to the first public inquiry into religious freedom by an Australian statutory body in 1984. Responding to evidence of discrimination against Indigenous Australians and minority religious groups, the report detailed the need for stronger legal protections. By 2019, Australia’s religious freedom ‘problem’ was focused almost solely on the extent to which religious organizations should be allowed to discriminate against LGBTIQ people. Using the What’s the Problem Represented To Be? approach to policy analysis, this paper explores the changing representation of the ‘problem’ of religious freedom by examining all public, parliamentary and statutory body reports of inquiries into religious freedom from 1984 to 2019. In their framing of the problem of religious freedom, these reports have contributed to a discourse of religious freedom which marginalizes the needs of both those who suffer discrimination because of their religion and those who suffer discrimination as a result of the religious beliefs of others.
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Callaway, Libby, Kate Tregloan, and Natasha Layton. "Housing and Support for People with Disability: Perspectives of Motor Accident, Disability and Injury Insurers across Australia and New Zealand." International Journal of Environmental Research and Public Health 19, no. 15 (August 5, 2022): 9681. http://dx.doi.org/10.3390/ijerph19159681.
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Housing is a critical enabler of a dignified life, civic participation and the achievement of human rights. Providing appropriate housing for people who experience neurotrauma as a result of road or workplace injury, with both the assistive technology and human support required, continues however to be a policy and practice challenge. Australian and New Zealand motor accident, disability and injury insurers have high and enduring liability in this area, and their under-researched perspectives are needed to strengthen the evidence base for policy and practice development. This qualitative study utilised focus group methodology with representatives from government injury and disability insurers across Australia and New Zealand (n = 8). The study aimed to identify (a) issues and trends; (b) factors for decision making; and (c) service impacts relating to housing and support for people with disability and high daily support needs. Thematic analysis generated results across four key areas: influences on the decision to fund housing and/or support; identifying ‘good’ housing solutions; evaluating cost–benefit of housing and support investments; and developing future investment in housing and support. Findings such as those regarding decision-making, and investment, attest to the value of capturing the perspectives of this key group of stakeholders to assist to envision better housing and support for people with disability.
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Dastyari, Azadeh, and Daniel Ghezelbash. "Asylum at Sea: The Legality of Shipboard Refugee Status Determination Procedures." International Journal of Refugee Law 32, no. 1 (February 29, 2020): 1–27. http://dx.doi.org/10.1093/ijrl/eez046.
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Abstract Austria and Italy have recently proposed that processing the protection claims of asylum seekers attempting to cross the Mediterranean should take place aboard government vessels at sea. Shipboard processing of asylum claims is not a novel idea. The policy has been used for many years by the governments of the United States and Australia. This article examines the relevant international law, as well as State practice and domestic jurisprudence in the United States and Australia, to explore whether shipboard processing complies with international refugee and human rights law. It concludes that, while it may be theoretically possible for shipboard processing to comply with international law, there are significant practical impediments to carrying out shipboard processing in a manner that is compliant with the international obligations of States. Current practices in the United States and Australia fall short of what is required. Nor is there any indication that the Austrian/Italian proposal would contain the required safeguards. It is argued that this is by design. The appeal of shipboard processing for governments is that it allows them to dispense with the safeguards that asylum seekers would be entitled to if processed on land. Best practice is for all persons interdicted or rescued at sea to be transferred to a location on land where they have access to effective status determination procedures and are protected from refoulement and unlawful detention.
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J. Mason, T., W. M. Lonsdale, and K. French. "Environmental weed control policy in Australia: current approaches, policy limitations and future directions." Pacific Conservation Biology 11, no. 4 (2005): 233. http://dx.doi.org/10.1071/pc050233.
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Plant invasions of natural systems threaten biodiversity and ecosystem processes across many biomes. Historically most plant invasions have been facilitated by human activities such as industry, transport and landscape modification. Consequently, both causes and management of weed invasion are dependent on human behaviour and management advice provided by ecologists needs to take account of this fact. This paper assesses current environmental weed control policy in Australia and asks: are government, land managers and the scientific community using available social levers to achieve optimal weed management? We do this by comparing aspects of weed policy with a generalized natural resource policy framework. Adequacy of issue characterization and policy framing are discussed with particular reference to public perceptions of the weed problem, policy scaling and defining policy principles and goals. The implementation of policy Instruments, including regulation, VOluntary incentives, education, Information, motivational instruments, property-right instruments and pricing mechanisms are reviewed. Limitations of current instruments and potential options to improve instrument effectiveness are discussed. Funding arrangements for environmental weed control are also reported: environmental weed invasion generally represents an external cost to economic markets which has resulted in relatively low funding levels for control operations. Finally, review and monitoring procedures in weed programmes and policy are addressed. Rigorous monitoring systems are important in effective, adaptive weed management where control techniques are continually refined to improve ecological outcomes. The utility of maintaining links between project outcomes and policy inputs along with methods of implementing appropriate monitoring are discussed.
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Gow, Johanne, and Mary Quilty. "At the Coalface: Advocacy in the dark: Seeking justice for asylum seekers." Pacific Journalism Review : Te Koakoa 10, no. 1 (April 1, 2004): 46–56. http://dx.doi.org/10.24135/pjr.v10i1.778.
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Two members of the Australian refugee support NGO 'ChilOut' detail the lack of public access to Immigration Detention Centres (IDCs), to the detainees within them and to the policies and procedures governing such centres. ChilOut organises visits to IDCs so ordinary Autralians can know and befriend detainees. However, stringent and sometimes arbitary control of IDC visitors mean their vists cannot ensure transparency. More formal written attempts to establish accountability such as ChilOut's submission to the Human Rights and Equal Opportunity Comission (HREOC) inquiry into children in detention and ChilOut's report in contractual compliance within IDCs have been dismissed or refuted by the Australian Government. Unaccountability also arises from confidentiality clauses in the 1998 contract betwen the Government and ACM (the private company which ran IDCs), the Government's shielding of ACM from adverse publicity, contractual incentives to cover up negative incidences, and 'commercial-in-confidence' deletions from publicly available versions of the contract. This articles argues that the lack of access to dentention centres reaches its zenith on Nauru offering further proof that Australia's current refugee policy is deliberately structured to hinder transparency and accountability.
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Gill, Neeraj S., Stephen Parker, Andrew Amos, Richard Lakeman, Mary Emeleus, Lisa Brophy, and Steve Kisely. "Opening the doors: Critically examining the locked wards policy for public mental health inpatient units in Queensland Australia." Australian & New Zealand Journal of Psychiatry 55, no. 9 (June 23, 2021): 844–48. http://dx.doi.org/10.1177/00048674211025619.
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The Queensland Government issued a policy directive to lock all acute adult public mental health inpatient wards in 2013. Despite criticism from professional bodies and advocacy for an alternative, the policy has been retained to this day. A blanket directive to treat all psychiatric inpatients in a locked environment without individualised consideration of safety is inconsistent with least restrictive recovery-oriented care. It is against the principles of the United Nations Convention on the Rights of Persons with Disabilities, to which Australia is a signatory. It is also contrary to the main objects of the Mental Health Act 2016 (Qld). Queensland Health has reported a reduction in ‘absences without permission’ from psychiatric inpatient wards after the introduction of the locked wards policy; however, no in-depth analysis of the consequences of this policy has been conducted. It has been argued that patients returning late or not returning from approved leave is a more common event than patients ‘escaping’ from mental health wards, yet all may be counted as ‘absent without permission’ events. A review of the international literature found little evidence of reduced absconding from locked wards. Disadvantages for inpatients of locked wards include lowered self-esteem and autonomy, and a sense of exclusion, confinement and stigma. Locked wards are also associated with lower satisfaction with services and higher rates of medication refusal. On the contrary, there is significant international evidence that models of care like Safewards and having open door policies can improve the environment on inpatient units and may lead to less need for containment and restrictive practices. We recommend a review of the locked wards policy in light of human rights principles and international evidence.
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Stobbs, Nigel. "The Law and Policy Context of Extradition from Australia to the People’s Republic of China." Victoria University Law and Justice Journal 7, no. 1 (June 11, 2018): 32–47. http://dx.doi.org/10.15209/vulj.v7i1.1049.
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One cost of China’s remarkable economic growth since 1978 has been levels of corruption among some public officials, significant enough to seriously erode public confidence in government and the Communist Party of China, and even threaten certain areas of domestic economic growth. Anti-corruption strategies seek to locate and repatriate corrupt officials, who have fled overseas as ‘economic fugitives’. In furtherance of these strategies, China has sought to ratify a number of bilateral extradition treaties, including the Treaty on Extradition between Australia and the People’s Republic of China, which Australia signed in 2007, but abandoned its only attempt to ratify in March 2017, due to domestic political pressure and strident criticism of its terms. Ratification is important to China, not only to supplement its pursuit of economic fugitives, but also to help enhance its soft power and diplomatic prestige internationally, and the political legitimacy of the Communist Party domestically. It is important to Australia as a means of demonstrating goodwill, to preserve crucial law enforcement collaboration, and to protect its markets with its largest trading partner. This paper argues that the current treaty impasse cannot be appropriately resolved either by ratifying the treaty in its current form or by requesting amendments that are unlikely to be acceptable to China. It considers several other interim alternatives and assesses their potential to reconcile China’s need to save face and Australia’s need to honour its commitment to the Rule of Law and preserve its international human rights reputation.
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Martel, A., and V. Paton-Cole. "Human Rights, Disability, and Construction: How responsive are building regulations to changing community attitudes towards housing for people with a disability?" IOP Conference Series: Earth and Environmental Science 1101, no. 4 (November 1, 2022): 042035. http://dx.doi.org/10.1088/1755-1315/1101/4/042035.
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Abstract Responsibility for housing people with a disability has rested with government and the charity-medical model of disability encouraged institutionalized accommodation. However, since the mid-2000s, the introduction of a person-centred approach has seen government’s legislate programs that facilitate people with disabilities living in the community. This shifted supply of appropriate housing to the private-sector and placed a focus on whether current building regulations are capable of regulating in this space. This paper explores the history of building regulations in Australia, in parallel with the history of treatment of people with a disability. The normalization of institutionalizing people with a disability was reflected in early building codes in Australia, continuing from the 1840s until the 1980s when disability theory began to change – but not building practice in Australia. The decisive break between the approach to disability accommodation (person-centred) and the institutional model in building regulations occurred with the move to the National Construction Code (NCC) in the 1990s. The introduction of the National Disability Insurance Scheme (NDIS) in 2014 highlighted the disconnect when a market-based housing model was proposed that proved difficult to implement with current NCC settings. This study highlighted the complex interaction between existing policy settings and identified the scope for individual interpretation of the code around key concepts. These include building classification, single-occupancy units, and fire safety. As a consequence of the institutional model for disability accommodation enshrined in the NCC, the NDIS is undermined in accommodating people in the community, due to uncertainty and confusion within the private-sector industry that has impacted the cost and quality of the housing produced.
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Pramoda, R., N. Shafitri, B. V. Indahyanti, A. Zulham, S. Koeshendrajana, C. Yuliaty, U. Muawanah, et al. "Utilization of fish resources in the Indonesia’s Exclusive Economic Zone within the Fishery Management Area of 573: Case study in Rote Ndao Regency." IOP Conference Series: Earth and Environmental Science 869, no. 1 (November 1, 2021): 012018. http://dx.doi.org/10.1088/1755-1315/869/1/012018.
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Abstract The United Nations Convention on the Law of the Sea (UNCLOS 1982) affirms that the government has sovereign rights, jurisdiction, and obligations in Indonesia’s EEZ. Indonesia has an interest in protecting sovereign rights and increasing state revenues in the waters of the Exclusive Economic Zone (EEZ). That sovereign right is to use fishery resources responsibly for the benefit of the nation and society as a whole. The sole purpose of this qualitative research is to optimize fisheries utilization in the Rote Ndao Regency whose waters include the Fisheries Management Area of 573 (FMA-573) in the EEZ. The analysis had been carried out with a case study approach and then descriptively elaborated. The results showed that: 1) the use of fisheries in FMA-573 was carried out by traditional fishermen (using vessels ≤10 Gross Tonnage/GT) and fishermen using vessels >29 GT; 2) supervision is still needed for the improvement of ships and human resources; 3) there are still violations of territorial waters by traditional Indonesian fishermen. The policy recommendations that must be carried out by the government are: 1) encouraging local fishermen to catch fish in the FMA-573 area by providing stimulus for ships and fishing gear; 2) allocate budget to purchase a new fleet of ships and add supervisors; 3) increase the number of fishery instructors to foster and socialize the boundaries of Indonesia’s EEZ with Australia.
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Garnsey, Eliza. "The Right(s) to Remain: Art, Asylum and Political Representation in Australia." Pólemos 16, no. 2 (August 8, 2022): 205–27. http://dx.doi.org/10.1515/pol-2022-2014.
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Abstract Thinking about artistic representation as a form of political representation enables a better understanding of what can be seen and said, who has the ability to see it and say it, and how it is possible to know and do politics in different ways. In the case of Australia’s immigration system, this understanding is critical. Australia’s treatment of people seeking asylum and refugees is widely criticised by the international community as violating international human rights and humanitarian laws and norms. The legal and bureaucratic frameworks surrounding refugees in Australia not only render their stories largely invisible but continue to perpetrate harm and suffering which goes unaddressed. In the absence of state protection, artistic representation becomes an important intervention into the practices and narratives surrounding Australia’s treatment of people seeking asylum and refugees. In this article, I explore Hoda Afshar’s video and photographic artwork Remain (2018) which documents the experiences and struggles of a group of stateless men who were left to languish on Manus Island, Papua New Guinea, in the aftermath of the Australian government closing its Manus Regional Processing Centre. Remain is one of the only available avenues open to the men to share their stories and to communicate the harm caused by national policy and practices. I argue that the artistic representation of Remain becomes a crucial form of political representation in this aftermath; political representation which would not otherwise be possible.
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Richardson, Kayliegh, and Ana Speed. "Two Worlds Apart: A Comparative Analysis of the Effectiveness of Domestic Abuse Law and Policy in England and Wales and the Russian Federation." Journal of Criminal Law 83, no. 5 (June 24, 2019): 320–51. http://dx.doi.org/10.1177/0022018319858478.
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In 2015, s 76 of the Serious Crime Act 2015 introduced the new criminal offence of ‘controlling or coercive behaviour in an intimate or family relationship’. This is just one of many steps the UK government have taken in recent years to acknowledge the different forms of domestic abuse and power imbalances that can be present in intimate relationships. In contrast, in February 2017, the Russian government passed an amendment to the Russian Criminal Code to decriminalise some forms of assault, a step which many human rights activists have opposed. This article will compare the seemingly dichotomous approaches to domestic abuse adopted by England and Wales and Russia and will examine the effectiveness of both approaches in deterring domestic violence, providing adequate support for victims and meeting state obligations under international law. There has been extensive commentary on the approach to domestic abuse in England, the USA and Australia. In comparison, consideration of the approach in the Russian Federation is limited. This is in part due to the approach taken in Russia to dealing with domestic abuse as a private issue and the associated lack of available data. This article seeks to go behind closed doors to explore the Russian approach to tackling domestic abuse in a way that it has not previously been considered.
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Steyne, Simon. "Has Anti-Migration and Anti-Refugee Discourse Hampered Progress against Child Labour?" Revista Tecnológica - ESPOL 34, no. 1 (March 15, 2022): 113–35. http://dx.doi.org/10.37815/rte.v34n1.856.
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The chequered application, since 2000, of integrated policies to eradicate the intersectional root causes of child labour sits more recently in a wider political context of recrudescent populist ethnonationalism accompanied by weakened respect by the governments of many countries for the rules-based international system and rights-based development. The author suggests that (apart from Northern-centric trade and policy interests) influential populist-nationalist governments (including those of the United Kingdom (linked to Brexit), and Australia (linked to the “Bali Process”) have contributed to diverting global attention from the largest cohort intended to benefit from Sustainable Development Goal Target 8.7 - the 160 million children now in child labour - by conflating forced labour with trafficking and trafficking with migration and asylum. This conflation seeks to demonise asylum-seekers, refugees, and economic migrants. It is an important element of the discourse of populist-nationalist ruling parties in their search for continued electoral support and reflects a willingness to violate international law protecting human rights.
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Lilienthal, Gary. "People Trafficking and Smuggling Crimes in Australia: A Critical Analysis of State Intent." Issues in Legal Scholarship 13, no. 1 (January 1, 2015): 1–28. http://dx.doi.org/10.1515/ils-2016-0249.
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AbstractThis article’s objective is to expose the rhetorical source of the heavy irony in Australia’s immigration detention regime. The observer might wonder why an isolated and vast land could be so concerned at, and afraid of, small groups of “boat people.” Therefore, the paper poses the question as to what reasoning and public policy purposes might underlie the successful public rhetoric vilifying “boat people,” creating the construct of “people smuggling” and demanding military operations to “turn back the boats.” It tries to correlate with a likely state desire to resurrect the old laws of attainder, civil death and outlawry, in order to create a slave-class of displaced migrants, for solely state interests and purposes. In addressing the question structurally, discussion begins with a brief look at the Australian law. Argument then concentrates on the originating negotiations in the international high councils. After this, the article looks at instances of people smuggling rhetoric in Canada, also addressing briefly the United States law. Then there is a section on modern rhetorical analysis, which argument tries to use to explain what might underlie these government methods. The paper briefs the reader on the old laws of civil death, outlawry and attainder in Australia, with a view to a contextual assessment as to whether they are really what underlie the draconian outcomes of Australia’s human trafficking and people smuggling laws and policies. The research outcome will likely suggest that conveniences to the state such as efficiency in policing, removing likely political opposition from new arrivals, avoiding any dilution of the local culture and skirting unwanted international rights are most likely to be the real state intent.
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Marshall, Shelley, and Richard Mitchell. "Enterprise Bargaining, Managerial Prerogative and the Protection of Workers? Rights: An Argument on the Role of Law and Regulatory Strategy in Australia under the Workplace Relations Act 1996 (Cth)." International Journal of Comparative Labour Law and Industrial Relations 22, Issue 3 (September 1, 2006): 299–327. http://dx.doi.org/10.54648/ijcl2006016.
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Abstract: Since the beginning of the 1990s successive Australian national governments (from both right and left of the political spectrum) have overseen a shift in the regulation of employment relations from one based on centralised arbitrated awards to one of enterprise bargaining. The ostensible purpose of this policy was to facilitate the development of workplace-focused systems of regulation which were sensitive to the need for flexible production and employment systems in the context of the global economy. The evidence suggests that whilst many of the objectives of the enterprise bargaining project have been attained (particularly the goal of greater flexibility in employment systems), the law has been less effective in protecting the interests of workers, particularly their power to influence decision-making at the place of work. The major impact of enterprise bargaining upon the workplace, the paper proposes, has been the restoration of managerial prerogative which previously had been mediated through arbitration or the power of trade unions. Finally, the paper draws conclusions on the changing role of the institutions which regulate Australian industrial relations. Historically, Australian industrial tribunals have combined the features of judicial bodies and regulatory agencies. The paper concludes that a shift is occurring in Australian labour law from a mixture of self-regulation and centralised ?command and control?, to ?enforced self-regulation?, thus signalling a systemic and profound reorientation in regulatory policy and technique in Australian labour market regulation
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FISHER, MATTHEW, SAMANTHA BATTAMS, DENNIS MCDERMOTT, FRAN BAUM, and COLIN MACDOUGALL. "How the Social Determinants of Indigenous Health became Policy Reality for Australia's National Aboriginal and Torres Strait Islander Health Plan." Journal of Social Policy 48, no. 1 (May 28, 2018): 169–89. http://dx.doi.org/10.1017/s0047279418000338.
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AbstractThe paper analyses the policy process which enabled the successful adoption of Australia's National Aboriginal and Torres Strait Islander Health Plan 2013–2023 (NATSIHP), which is grounded in an understanding of the Social Determinants of Indigenous Health (SDIH). Ten interviews were conducted with key policy actors directly involved in its development. The theories we used to analyse qualitative data were the Advocacy Coalition Framework, the Multiple Streams Approach, policy framing and critical constructionism. We used a complementary approach to policy analysis. The NATSIHP acknowledges the importance of Aboriginal and Torres Strait Islander (hereafter, Aboriginal) culture and the health effects of racism, and explicitly adopts a human-rights-based approach. This was enabled by a coalition campaigning to ‘Close the Gap’ (CTG) in health status between Aboriginal and non-Aboriginal Australians. The CTG campaign, and key Aboriginal health networks associated with it, operated as an effective advocacy coalition, and policy entrepreneurs emerged to lead the policy agenda. Thus, Aboriginal health networks were able to successfully contest conventional problem conceptions and policy framings offered by government policy actors and drive a paradigm shift for Aboriginal health to place SDIH at the centre of the NATSIHP policy. Implications of this research for policy theory and for other policy environments are considered along with suggestions for future research.
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Isaac, Joe, and Gudrun Biffl. "Globalisation and Core Labour Standards: Compliance Problems with ILO Conventions 87 and 98. Comparing Australia and other English-Speaking Countries with EU Member States." International Journal of Comparative Labour Law and Industrial Relations 21, Issue 3 (September 1, 2005): 405–44. http://dx.doi.org/10.54648/ijcl2005020.
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Abstract: In the wake of globalisation, certain ILO Conventions have assumed greater prominence in recent years. This paper focuses on ILO principles related to trade union rights and collective bargaining embodied in ILO Conventions No. 87 and No. 98. It is argued that some countries have enacted legislation and tolerated industrial behaviour incompatible with these standards. In the absence of effective international enforcement powers, governments in some countries have ignored the requests of the ILO for adherence to its principles with impunity. This issue is discussed in connection primarily with recent Australian experience and with brief observations on that of a number of English-speaking countries. The policy and practices of these countries on Conventions 87 and 98 are contrasted with those of the continental EU countries. Finally, the question is raised as to whether some of the ILO?s principles underlying these Conventions need to be re-examined.
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Ndamungu, Omari Issa. "LEGAL AND POLICY APPROACHES TOWARD REALIZATION OF THE RIGHT TO ACCESS LEGAL INFORMATION IN TANZANIA." International Research Journal of Shariah, Muamalat and Islam 2, no. 5 (December 2, 2020): 01–17. http://dx.doi.org/10.35631/irjsmi.25001.
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The beginning of 2000 witnessed rising of the Free Access to Law Movements (FALMs) which aimed at encouraging nations to publish and make available all primary legal information in their countries. The FALMs resulted in the promulgation and adoption of the Montreal Declaration on Free Access to Law (MDFAL) of 2002 and the formation of the Legal Information Institutes (LIIs), which began in Europe and then spread to America. There are various lines in Europe and America like the British and Irish Legal Information Institute (BAILII), the Australian Legal Information Institute (AustLII), and the Canadian Legal Information Institute (CanLII). Africa joined in the move in early 2003 by forming the Southern African Legal Information Institute (SAFLII). Tanzania although joined late, is not far from realizing the importance of free access to legal information and LIIs. This is signified by the fact that Tanzania has joined in the FALMs, beginning by subscribing to the MDFAL of 2002, joining the SAFLII in 2013, and of late, establishing her own LII which is the Tanzania Legal Information Institute (TANZLII) in March 2019. The basis of Tanzania to join the FALMs is from the fact that the country is a member of the international instruments which guarantee the right to information. Again, the right to access information is enshrined in the Constitution of the United Republic of Tanzania (CURT) of 1977. More importantly, there is specific legislation providing for enforceability of the right to access information, one of which is legal information. The objective of this article is to analyse legal and policy strategies that are taken by the government of Tanzania in ensuring that access to legal information as one of the human rights is realized in the country.
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Broadhurst, Roderic, and Nini Loh. "The Phantom of Deterrence: The Crime (Serious and Repeat Offenders) Sentencing Act." Australian & New Zealand Journal of Criminology 26, no. 3 (December 1993): 251–71. http://dx.doi.org/10.1177/000486589302600306.
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Throughout 1991 a car theft “crime wave” and a series of deaths arising from high-speed police pursuits had engendered an atmosphere of crisis in “law and order” in Western Australia. Prompted by these events, controversial legislation (the Crime (Serious and Repeat Offenders) Sentencing Act 1992) aimed at “high risk” juvenile offenders and increasing penalties was rushed through the Parliament of Western Australia in early 1992. A critique of the legislation illustrates that it both breached human rights and failed to address the difficulties of implementing selective incapacitation policies. Following the introduction of the new law the government claimed that downward trends in car theft, police high-speed pursuits and other offences were due to the deterrent effects of the increased penalties provided. The data, however, indicate that the decline in official records of car theft and juvenile convictions had begun prior to the introduction of the legislation. Significant correlations between reports of stolen vehicles and arrests for car theft (especially Aboriginal juvenile arrests) were found but not for police high-speed pursuits or arrests of persistent offenders and reports of stolen vehicles. This suggests that targeting “hard core” juvenile offenders had, at best, modest and temporary effects on vehicle theft. While a sharp decline in the relevant statistics was observed around the time of the passage of the law, this proved short-lived and other factors, such as changes in policing (the introduction of cautioning, the formation of a special motor vehicle task force, and stricter guidelines on pursuits) are more compelling explanations than the deterrent aims of the legislation.
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Troath, Sian. "Prospects for Australian-Led Regional Cooperation On Asylum Seeker and Refugee Issues." Andalas Journal of International Studies (AJIS) 5, no. 2 (November 1, 2016): 105. http://dx.doi.org/10.25077/ajis.5.2.105-128.2016.
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The nomination of former Refugee High Commissioner Antonio Guterres for Secretary-General, the ongoing and intensifying condemnations of Australia’s offshore detention centres on human rights grounds, and the ruling of the Papua New Guinea Supreme Court regarding detention centres on Manus Island, indicate that the Australian government needs a new policy on asylum-seekers. The domestic political demand for a deterrence-based, “no advantage”, tough on borders approach means that the only way to achieve this would be through regional cooperation, which would be impossible without the cooperation of Indonesia. Analysing why there is such strong involvement of domestic politics on this issue, even to the detriment of the bilateral relationship with Indonesia, is vital to understanding how to improve the relationship and foster regional cooperation on asylum seekers. While reaching a broad cooperative agreement on asylum seekers in general would be far too difficult, the Rohingya refugee crisis presents a specific case on which regional cooperation could be built. If successful, this would serve as a building-block for deeper and more sustained regional cooperation on asylum seekers
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Sharples, Rachel. "Disrupting State Spaces: Asylum Seekers in Australia’s Offshore Detention Centres." Social Sciences 10, no. 3 (March 1, 2021): 82. http://dx.doi.org/10.3390/socsci10030082.
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The Australian government has spent over a billion dollars a year on managing offshore detention (Budget 2018–2019). Central to this offshore management was the transference and mandatory detention of asylum seekers in facilities that sit outside Australia’s national sovereignty, in particular on Manus Island (Papua New Guinea) and Nauru. As a state-sanctioned spatial aberration meant to deter asylum seekers arriving by boat, offshore detention has resulted in a raft of legal and policy actions that are reshaping the modern state-centric understanding of the national space. It has raised questions of sovereignty, of moral, ethical and legal obligations, of national security and humanitarian responsibilities, and of nationalism and belonging. Using a sample of Twitter users on Manus during the closure of the Manus Island detention centre in October–November 2017, this paper examines how asylum seekers and refugees have negotiated and defined the offshore detention space and how through the use of social media they have created a profound disruption to the state discourse on offshore detention. The research is based on the premise that asylum seekers’ use social media in a number of disruptive ways, including normalising the presence of asylum seekers in the larger global phenomena of migration, humanising asylum seekers in the face of global discourses of dehumanisation, ensuring visibility by confirming the conditions of detention, highlighting Australia’s human rights violations and obligations, and challenging the government discourse on asylum seekers and offshore detention. Social media is both a tool and a vehicle by which asylum seekers on Manus Island could effect that disruption.
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Syahrin, M. Alvi, and Brianta Petra Ginting. "LEGAL INTERPRETATION OF DIRECTORATE GENERAL OF IMMIGRATION DECREE NUMBER IMI-0352.GR.02.07 OF 2016 CONCERNING THE HANDLING OF ILLEGAL IMMIGRANTS THAT SELF DECLARED AS AN ASYLUM SEEKERS OR REFUGEES IN IMMIGRATIVE SELECTIVE POLICY: HIERARCHY THEORY OF LEGAL." Jurnal Ilmiah Kajian Keimigrasian 2, no. 1 (April 26, 2019): 109–28. http://dx.doi.org/10.52617/jikk.v2i1.47.
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Displacement is a form of population movement that has different characteristics than other forms of population movement. The movement of population, both in the national territory and those that have crossed national borders, is an event that has long existed in human history and is increasingly happening now. The increasing number of asylum seekers and refugees to the territory of Indonesia, has caused social disturbances, political security, and even order in the community. The number of their arrival is not proportional to the completion rate or placement to the recipient country (Australia). To deal with the problem of asylum seekers and refugees entering and residing in the territory of Indonesia, the government issued a Director General of Immigration Decree Number: IMI-0352.GR.02.07 of 2016 concerning the Handling of Illegal Immigrants who Self Declare as Asylum Seekers and Refugees. This regulation not only affirms Indonesia's position in favor of refugee humanitarian policies, but also makes it incompatible with the legal principles of establishing legislation. The formulation of the problem examined in this paper is how the legal position of Director General of Immigration Decree in the immigration selective policy with a hierarchical theory approach to legal norms. The research method used is normative legal research that is qualitative in nature with mixed logic (deductive and inductive). From the results of the study can be known several legal facts as follows. The legal status of Director General of Immigration Decree Number: IMI-0352.GR.02.07 in 2016 creates disharmony in the legal order (immigration) in Indonesia. Article 7 of Law Number 12 of 2011 has established a sequence of laws and regulations which form the basis for the implementation of all legal regulations in Indonesia. The provisions of this article are in line with the Hierarchical Theory of Legal Norms (Hans Kelsen) which explains that lower norms, valid, sourced and based on higher norms. However, this theory is not negated in the formation of these regulations, where in the body the norms conflict with each other with higher legal norms above. The existence of this regulation has created norm conflicts that lead to the absence of legal certainty. As for the higher regulations that contradict these regulations are as follows: The 1945 Constitution of the Republic of Indonesia, Law Number 6 of 2011 concerning Immigration, Government Regulation Number 31 of 2013 concerning Regulations for Implementing Law Number 6 of 2011 concerning Immigration, and Regulation of the Minister of Law and Human Rights Number M.HH-11.OT.01.01 of 2009 concerning Organization and Work Procedures of Immigration Detention Houses. Conflicting legal norms include: Definition of Detention Center, Determinant Definition, Refugee Handling, UNHCR and IOM Authority in Refugee Handling, Discovery, Collection, Immigration Oversight, Funding, and Sanctions.
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Payne, Graeme Edward, and Greg Fisher. "Consumer-directed care and the relational triangle." Employee Relations: The International Journal 41, no. 3 (April 1, 2019): 436–53. http://dx.doi.org/10.1108/er-06-2017-0130.
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PurposeFollowing a recent government initiated change to a consumer-directed care model across the Australian community aged care sector, the purpose of this paper is to explore frontline home support workers’ perceptions of relational changes with clients in power and subordination within the triadic relationship between employer, employee and client.Design/methodology/approachContextual interviews were held with managers (n=4), coordinators (n=10) and semi-structured face-to-face interviews with support workers (n=17) in three organizations. Interview transcripts were analyzed.FindingsSome workers did not perceive a power change in their relationships with clients. Others perceived minimal change but were concerned about the incoming client generation (baby boomers) that were more aware of their rights. Others felt subordinated to the client, perceived a loss of control or that felt treated like an employee of the client. Consistent with the philosophy of consumer-directed care, senior staff encouraged clients to treat workers in this way.Research limitations/implicationsFurther research is recommended on worker and client perceptions of relationships within the context of a consumer or client focused model.Practical implicationsA clear and realistic understanding of the locus of power within a triadic relationship by all actors is important for positive workplace outcomes.Social implicationsThe increasing ageing population makes it essential that workers’ relationships with clients and with their organization are unambiguous.Originality/valueThis study makes a contribution to theories about change and power transfer in the implementation of consumer-directed care through the perceptions of support workers. Examination of power and subordination transfer through the perceptions of the actors of rather than through the prism of organizational policy deepens the understanding of frontline service work and relationships.
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Aliyeva, Zamina. "The Law Aspects in Health Management: A Bibliometric Analysis of Issues on the Injury, Damage and Harm in Criminal Law." Marketing and Management of Innovations, no. 3 (2020): 293–305. http://dx.doi.org/10.21272/mmi.2020.3-21.
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The paper presents the analysis of the approaches to define the areas of research on the injury, damage and harm to human health in criminal law. The obtained results proved that crimes, connected to drugs abuse, their legislation become an essential part of the issues. At the same, developing of government control, medical standards, improving quality of medical education balancing the «medical mistake – injury to human’s health – jurisprudence consequences» triangle in the tendency of the injury, damage and harm in criminal laware becoming very important to the healthcare system due to increasing requirements of regulators, customers and shareholders. The paper aimed to analyse the tendency in the literature on the injury, damage and harm in criminal law, which published in books, journals, conference proceedings etc. to identify future research directions. The methodological tools are VOSviewer, Scopus and Web of Science (WoS) software. This study covers 1072 papers from Scopus and WoS database. The time for analysis were 1970-2020. The Scopus and WoS analyse showed that in 2012-2019 the numbers of papers on the injury, damage and harm in criminal law issues began to increase. However, the topics changed from general issues to the problem of decriminalisation of drug trafficking, and the corresponding paradigm shift in the punishment of some crimes, increasing interest in punishing corporations for violating environmental regulations. In 2017 the number of documents dedicated to injury, damage and harm in criminal law was increased by 667% compared to 2012. The main subject areas of analyses of the injury, damage and harm in criminal law were the next: Law, Public environmental, occupational health, Criminology penology, Substance abuse, Psychiatry, Medicine. The biggest amount of investigations of the injury, damage and harm in criminal law was published by the scientists from the USA, United Kingdom, Australia and Canada. In 2019 such journals with high impact factor as International Journal of Drug Policy, International Journal of Law and Psychiatry, The Lancet etc. published the number of issues, which analysed of the injury, damage and harm to human health in criminal law. Such results proved that theme on the injury, damage and harm to human health in criminal law is actually in the ongoing trends of the modern jurisprudence and regulation. The findings from VOSviewer defined 6 clusters of the papers which analysed the injury, damage and harm to human health in criminal law from the different points of views. The first biggest cluster (with the biggest number of connections) merged the keywords as follows: criminal justice, law enforcement, public health, health care policy, harm reduction, drug legislation, drug and narcotic control, substance abuse, homelessness etc. The second significant cluster integrated the keywords as follows: criminal behaviour, crime victim, adolescent, violence, mental health, mental disease, prisoner, young people, rape, police etc. The third biggest cluster concentrated on criminal aspects of jurisprudence, criminal law, human right, legal liability, social control, government regulation etc. The obtained results allow concluding that balancing the triangles «medical mistakes – criminal – education» and «drugs – criminal – justice» and «abortion – criminal – women/children» form an important part of the injury, damage and harm in criminal law issues. Keywords injury, damage, harm, human health, criminal law, management, governance.
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Lynch, Philip. "Australia, Human Rights and Foreign Policy." Alternative Law Journal 34, no. 4 (December 2009): 218–26. http://dx.doi.org/10.1177/1037969x0903400401.
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Ganegama, Pasan. "Navigating the next Industrial revolution: Future Work Force analysis based on Western Australian narrative." International Journal of Management, Entrepreneurship, Social Science and Humanities 2, no. 2 (December 25, 2019): 88–100. http://dx.doi.org/10.31098/ijmesh.v2i2.18.
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The study adopts a Focus group discussion than the more dominant quantitative data in studying Western Australian Business landscape and it’s local and global disrupters, repellents and extractors are exhaustively and critically analyzed. In order to ascertain needed competencies to navigate the next industrial revolution, current practices of government and non-government initiatives can be Juxtaposed to rowing and rafting phenomena. The current global strategic HR perspective should be focused, fast and flexible but the Australian Government and most corporate conglomerates view are it should be Safe, Slow and Strict. People make sense of their world where human actions are based upon the person's interpretation of events, societal meanings, intentions and beliefs (Gill and Johnson 20101; Denzin and Lincoln, 20052). The Australian public’s belief in navigating the next industrial revolution and the effect of Government policy-making is analyzed critically in this paper. The following two questions being answered with practical disparity and in the end, adjusted accordingly to make sense to the layman terms. First “Why we need to reimagine Human Resource Management perspective?” was unveiled. Secondly, the key features of future Human Resource Management were questioned. Thirdly what should the Australian corporates and Governments do differently to assimilate our workforce to reap benefits from the next industrial revolution is discussed. Finally championing the change using the right blend of leadership style and scale of change discussed in length to add clarity to the perspective.
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Nathan, Andrew J. "Human Rights in Chinese Foreign Policy." China Quarterly 139 (September 1994): 622–43. http://dx.doi.org/10.1017/s0305741000043071.
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Influence in world affairs is not limited to military and economic power. A government can use ideas and values to build support at home and to recruit sympathizers among publics and policy-makers abroad. The struggle over beliefs and values may be as complex as the struggle over other forms of power. The history of the human rights issue in Chinese foreign policy exemplifies such a process.
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Peterson, Nicolas. "Legislating for Land Rights in Australia." Practicing Anthropology 23, no. 1 (January 1, 2001): 21–23. http://dx.doi.org/10.17730/praa.23.1.1rp8324376861j67.
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A commitment in applied anthropological policy work to maximising cultural appropriateness or even to supporting what indigenous people say they want is not always possible. This proved to be the case in connection with formulating recommendations for land rights legislation in Australia's Northern Territory. Until 1992 the only rights in land that Aboriginal people had as the original occupiers of the continent were statutory (that is, through acts of state and federal parliaments). No treaties were signed with Aboriginal people and until that date the continent was treated as terra nullius, unowned, at the time of colonisation in 1788. From early on in the history of European colonisation, however, areas of land had been set aside for the use and benefit of Aboriginal people. These reserves were held by the government, or by one of a number of religious bodies that ministered to Aboriginal people, usually supported by government funding. Beginning with South Australia in 1966 all of the states, except Tasmania, have passed legislation that gives varying degrees of control of these reserves to land trusts governed by Aboriginal people. Each of these pieces of legislation had/have different shortcomings which included some or all of the following: the total area that had been reserved was small; the powers granted over the land were limited; the majority of the Aboriginal population did not benefit from the legislation; and none of them addressed the issue of self-determination. In 1973 a Royal Commission into Aboriginal Land Rights, with a single Commissioner, Mr. Justice Woodward, was established by the newly elected Federal Labor government, the first in 23 years. It was planned that it would deal with the continent but that it would begin by focusing on the Northern Territory which until 1978 was administered by the Federal government. At the time there were 25,300 Aboriginal people in the Territory making up 25% of the population.
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Burgess, John, and William F. Mitchell. "Unemployment, Human Rights and a Full Employment Policy in Australia." Australian Journal of Human Rights 4, no. 2 (June 1998): 76–94. http://dx.doi.org/10.1080/1323238x.1998.11911001.
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Blore, Kent, and Brenna Booth-Marxson. "Breathing Life into the Human Rights Act 2019 (Qld)." University of Queensland Law Journal 41, no. 1 (March 3, 2022): 1–34. http://dx.doi.org/10.38127/uqlj.v41i1.6351.
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Much of the work of government is carried out by public servants with the assistance of lawyers. Because the Human Rights Act 2019 (Qld) (‘Human Rights Act’) is intended to change the way government works, it also has consequences for the way public servants and lawyers carry out the work of government. This article explores the impact of the Human Rights Act on the ethical duties of public servants to give frank advice and to implement policy decisions faithfully, as well as the ethical duty of lawyers to act in their client’s best interests. While the Human Rights Act brings a new rigour to the frank advice that public servants must give, they must still respect the ultimate decision of the government of the day. Similarly, the Human Rights Act brings lawyers closer to the edge of legal and policy advice, but this article puts forward a ‘supervisory’ approach as one way that lawyers can avoid straying too far into policy development and debate. The Human Rights Act breathes new life into old ethical duties by reminding us of the importance of candour and fidelity. Equally, frank advice and collaboration between lawyers and policy officers breathe life into the ambition of the Human Rights Act.
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McKercher, Asa. "Reason over passion: Pierre Trudeau, human rights, and Canadian foreign policy." International Journal: Canada's Journal of Global Policy Analysis 73, no. 1 (March 2018): 129–45. http://dx.doi.org/10.1177/0020702018765079.
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Within the literature on human rights, the 1970s are often viewed as a period in which rights achieved a breakthrough globally. While rights regimes, activist networks, and the overall discourse of human rights certainly came into their own during this decade, the rights revolution had its limitations, particularly at the international level. In the Canadian context, the government of Pierre Trudeau advanced a domestic rights program, culminating in the Charter of Rights and Freedoms. In terms of foreign policy, however, Trudeau was far more cautious. Tracing Pierre Trudeau’s stance toward international human rights, this article points to the prime minister’s realist outlook as having delimited the place of rights in Canadian foreign policy during his time in office. Thus, there was little enthusiasm on the part of the Canadian government to support self-determination movements, to impose bilateral sanctions against abhorrent regimes, or to loudly condemn rights violators when doing so would seemingly accomplish little. The point of this paper is not to condemn Trudeau, but rather to understand why Canada’s rights revolution stopped at the water’s edge.
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Cassidy, Julie. "Hollow Avowals of Human Rights Protection - Time for an Australian Federal Bill of Rights?" Deakin Law Review 13, no. 2 (December 1, 2008): 131. http://dx.doi.org/10.21153/dlr2008vol13no2art162.
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<p>Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is<br />unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however,<br />important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for<br />reform; specifically how a federal bill of rights may address the paucity of constitutional protection.</p>
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Scholtz, Christa. "Federalism and Policy Change: An Analytic Narrative of Indigenous Land Rights Policy in Australia (1966–1978)." Canadian Journal of Political Science 46, no. 2 (June 2013): 397–418. http://dx.doi.org/10.1017/s0008423913000437.
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Abstract. The paper argues that a direct causal role for federalism must link policy makers' actions to costs and uncertainties unique to federalism, those associated with maintaining jurisdictional autonomy. The paper develops a formal model of imperfect information between two government actors, one preferring policy change and the other the status quo. A government chooses to change policy (or not) in a context where two things are uncertain: the stomach for intergovernmental retaliation, and the jurisdictional bona fides of the government in the policy area. The model shows how policy change is endogenous to beliefs about whom courts will support during federalism review. The model is then used in a detailed analysis of Australian cabinet archives at the state and Commonwealth levels, pertaining to the issue of Indigenous land rights policy between 1966 and 1978.Résumé. Le présent document soutient qu'un rôle causal direct du fédéralisme doit lier les actions des décideurs aux coûts et aux incertitudes uniques du fédéralisme : ceux associés au maintien de l'autonomie juridictionnelle. Dans cet article, je développe un modèle formel d'information imparfaite entre deux acteurs gouvernementaux, l'un préférant un changement de politique et l'autre le statu quo. Un gouvernement choisit de changer (ou non) une politique dans un contexte où deux éléments sont incertains : la propension à entrer dans des représailles intergouvernementales, et la bonne foi juridictionnelle du gouvernement dans le domaine en question. Le modèle montre que le changement de politique est endogène avec la perception de qui les tribunaux soutiendront dans un jugement de partage des compétences. Le modèle est ensuite utilisé pour analyser en détail les archives du Cabinet australien au niveau des états et du Commonwealth, relativement à la question des droits territoriaux autochtones entre 1966 et 1978.