Journal articles: 'Justice, Administration of Australia'

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O’Brien, Wendy, and Kate Fitz-Gibbon. "Can Human Rights Standards Counter Australia’s Punitive Youth Justice Practices?" International Journal of Children’s Rights 26, no. 2 (May 3, 2018): 197–227. http://dx.doi.org/10.1163/15718182-02602004.

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Recent practices in the administration of youth justice across Australian state and territory jurisdictions reveal a powerful tension between the punitive imperative of “tough on crime” political populism, and internationally agreed minimum standards relevant to the treatment of children. In questioning the extent to which human rights standards can and should be used as a useful tool to counter punitive youth justice practices, this article identifies major points of discrepancy between Australia’s international legal obligations and the doctrine and operation of domestic criminal law as it applies to children in conflict with the law. Examining youth justice “crises” in two Australian states, the Northern Territory and Victoria, the article concludes that while child rights are not directly justiciable in Australia, global standards on youth justice provide a unifying discourse that is resistant to the vagaries of populism, and which can guide reform for child rights compliant youth justice legislation and practice.

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Jiang, Zhou. "The relationship between justice and commitment: the moderation of trust." Asia-Pacific Journal of Business Administration 7, no. 1 (April 7, 2015): 73–88. http://dx.doi.org/10.1108/apjba-02-2014-0022.

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Purpose – The purpose of this paper is to examine whether distributive justice interacts with procedural justice to influence affective commitment; whether organizational trust moderates the relationships of affective commitment with these two justice perceptions; and whether organizational trust moderates the interactive effect of justice perceptions on affective commitment. Design/methodology/approach – This study administered both paper and online surveys to university employees from China, South Korea, and Australia, obtaining 706 usable responses from 65 universities. Hierarchical regressions were employed to test hypotheses for each country. The patterns of results were compared across nations. Findings – It was found that in Australia, but not in South Korea and China, distributive justice interacted with procedural justice to influence affective commitment. Results also revealed that in Australia, organizational trust moderated the relationship between affective commitment and distributive justice but not the relationship between affective commitment and procedural justice. By contrast, in South Korea and China, organizational trust had no moderating effect on justice-commitment relationships. Research limitations/implications – Although this study was limited due to the use of self-report data and the focus of a single type of organization, it provides relatively new cross-cultural evidence regarding justice effects and the role of trust in the Asia Pacific region. Originality/value – This study is among the first to provide empirical evidence of a moderating effect of trust on justice-outcome relationships. It is also one of the first to cross-culturally investigate the interactive effect of distributive justice and procedural justice, with an additional focus on trust’s moderation role.

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Stewart, Pamela, and Anita Stuhmcke. "Open Justice, Efficient Justice and the Rule of Law: The Increasing Invisibility of Special Leave to Appeal Applications in the High Court of Australia." Federal Law Review 48, no. 2 (March 3, 2020): 186–213. http://dx.doi.org/10.1177/0067205x20906031.

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This article examines the application of the rule of law to special leave to appeal applications (‘SLAs’) in the High Court of Australia. SLAs are a fusion of administrative and judicial power. As an administrative tool, determinations of SLAs are a workload filter, limiting the appeals heard by the Court. As an exercise of judicial power, SLA determinations have significant impact upon the parties to litigation and the development of substantive law. Presenting the findings of data analysis of the determination of SLAs in the High Court of Australia from 2013 to 2015, we identify the loss of publicly available information brought about by changes to the High Court Rules in 2016. Using this evidence, we argue that the current administration of SLAs preferences efficiency to the detriment of public confidence in the administration of justice. We suggest facilitating the rule of law through publication of the written submissions for SLAs.

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GOODIN, ROBERT E. "Temporal Justice." Journal of Social Policy 39, no. 1 (September 18, 2009): 1–16. http://dx.doi.org/10.1017/s0047279409990225.

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AbstractDistributive justice is ordinarily calibrated in monetary terms. But money is not the only resource that matters to people. Talk of the ‘work−life balance’ points to another: time. Control over one's time, the capacity to spend it as one wishes, is another important resource; and its distribution raises another important aspect of justice. Here I describe a new method of distinguishing how much time one has discretionary control over, net of the amount it is necessary to spend in certain ways given one's circumstances. To draw out the distributive-justice implications of these calculations, I contrast the most-to-least privileged, in terms of discretionary time: a person in a dual-earner couple with no children, versus a lone mother. The magnitude of the gap between the discretionary time enjoyed by the best and worst is a measure of temporal injustice. That gap is substantially larger in some countries (such as the US and Australia) than in others (such as Finland and Sweden). Conventional welfare-state interventions – tax and transfer systems, support for child care – contribute pretty similarly to reducing that particular gap across all the countries examined. Differing practices surrounding the dissolution of marriages with children potentially makes a much bigger difference. Differing labour-market policies might make a similarly large difference yet again.

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Ripoll González, Laura, and Fred Gale. "Place Branding as Participatory Governance? An Interdisciplinary Case Study of Tasmania, Australia." SAGE Open 10, no. 2 (April 2020): 215824402092336. http://dx.doi.org/10.1177/2158244020923368.

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Research in both public administration and place development has identified a need to develop more participatory approaches to governing cities and regions. Scholars have identified place branding as one of several potential policy instruments to enable more participatory place development. Recently, academics working in diverse disciplines, including political studies, public administration, and regional development have suggested that an alternative, bottom-up, more participatory approach to place branding could be employed. Such an interdisciplinary approach would use iterative communication exchanges within a network of diverse stakeholders including residents to better foster stakeholder participation, contribute to sustainable development, and deliver substantive social justice and increased citizen satisfaction. Building on this research and using an exploratory, qualitative, case-study methodology, our aim was to observe and analyze such interactions and communicative exchanges in practice. Drawing on the experience of the Australian state of Tasmania, we studied stakeholder reactions to the participatory place branding approach. We found that although participants were initially skeptical and identified many barriers to implementing participatory place branding, they simultaneously became excited by its possibilities and able to identify how many of the barriers could be transcended.

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Humphrys, Elizabeth. "Global Justice Organising in Australia: Crisis and Realignment after 9/11." Globalizations 10, no. 3 (June 2013): 451–64. http://dx.doi.org/10.1080/14747731.2013.787772.

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Rogers, Owen. "‘I beg to differ’: Are our courts too agreeable?" South African Law Journal 139, no. 2 (2022): 300–339. http://dx.doi.org/10.47348/salj/v139/i2a4.

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If dissenting judgments perform a valuable function in the administration of justice, too little dissent may indicate that the administration of justice is not reaping the benefits of dissent. South Africa belongs to the common-law tradition, which has always allowed dissenting judgments. The civil-law system traditionally did not, and this is still the position in many countries. In the modern era, considerations of transparency and accountability favour the disclosure and publication of dissenting judgments. Although they can play a role in the development of the law, their most valuable function is to improve the quality of judicial output by requiring majority judgments to confront the dissenting judgments’ reasoning. Factors which may affect the extent of dissent in appellate courts include case complexity and control over rolls; panel sizes; judicial diversity, personality and turnover; court leadership; research resources; modes of judicial interaction; and protocols on the timeliness of judgments. Data on dissent in South Africa’s Constitutional Court, Supreme Court of Appeal and Labour Appeal Court, as well as in the United Kingdom, Australia, Canada and the United States, suggest that there is less dissent in our intermediate appellate courts than might be expected. Changes in work procedures could yield a healthier pattern.

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Hogg, Russell. "‘Only a pawn in their game’: crime, risk and politics in the case of Robert Fardon." International Journal for Crime, Justice and Social Democracy 3, no. 3 (December 1, 2014): 55–72. http://dx.doi.org/10.5204/ijcjsd.v3i3.152.

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In 2003 Robert Fardon was the first prisoner to be detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the first of the new generation preventive detention laws enacted in Australia and directed at keeping sex offenders in prison or under supervision beyond the expiry of their sentences where a court decides, on the basis of psychiatric assessments, that unconditional release would create an unacceptable risk to the community. A careful examination of Fardon’s case shows the extent to which the administration of the regime was from the outset governed by politics and political calculation rather than the logic of risk management and community protection. In 2003 Robert Fardon was the first person detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (hereafter DPSOA), a newly enacted Queensland law aimed at the preventive detention of sex offenders. It was the first of a new generation of such laws introduced in Australia, now also in force in NSW, Western Australia and Victoria. The laws have been widely criticized by lawyers, academics and others (Keyzer and McSherry 2009; Edgely 2007). In this article I want to focus on the details of how the Queensland law was administered in Fardon’s case, he being perhaps the most well-known prisoner detained under such laws and certainly the longest held. It will show, I hope, that seemingly abstract rule of law principles invoked by other critics are not simply abstract: they afford a crucial practical safeguard against the corruption of criminal justice in which the ends both of community protection and of justice give way to opportunistic exploitation of ‘the mythic resonance of crime and punishment for electoral purposes’ (Scheingold 1998: 888).

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Mulyono, Mulyono, Manotar Tampubolon, and Serirama Butarbutar. "Perbandingan Penyelesaian Keberatan dan Banding Pajak di Amerika Serikat, Australia dan Indonesia." Jurnal Syntax Admiration 5, no. 7 (July 16, 2024): 2825–40. http://dx.doi.org/10.46799/jsa.v5i7.1215.

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The research was conducted using normative legal research methods, which were carried out through literature research and literature studies and the approach used in conducting this research was a statutory approach and a conceptual approach, to elements in the tax law system. The research found that the position of the Fiscus in Indonesia which has absolute power in determining the amount of tax and decisions on taxpayer objections according to Law Number 28 of 2007 does not provide fair legal certainty and does not reflect the principle of equal legal position as stipulated in Article 27 paragraph (1) of the 1945 Constitution, because of the risk of tax penalties of 30% to 100% due to defeat in objections and appeals. Unlike the United States, which has three tax courts with FOI principles, and Australia, which provides neutral mediation through the ATO and internal and external settlement channels, Indonesia needs to improve fiscal justice by fulfilling taxpayers' rights such as the rights to information, guidance, hearing, appeal, certainty, privacy, and confidentiality. The principles of fairness, effectiveness, and ease of administration are important to increase tax capacity and ensure taxpayers can carry out their obligations properly.

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Vilchyk, Tetyana. "DUTIES OF A LAWYER TO A COURT AND TO A CLIENT." Russian Law Journal 6, no. 4 (November 1, 2018): 62–99. http://dx.doi.org/10.17589/2309-8678-2018-6-4-62-99.

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The article provides a comparison of legislation of the United States, Australia, the EU and Ukraine regulating the legal status of a lawyer in the administration of justice mechanism, as well as an analysis the correlation of his duties to the court and to the client. The author recommends that a lawyer not act in a manner that best serves the interests of the client since this will put the course of justice and public confidence in the profession in a vulnerable position; attorneys have to inform clients that their duty to the court is of paramount importance. In case of improper performance of their professional duties, lawyers should be brought not only to corporate liability (disciplinary liability, which is established by the legislation of Ukraine), but also to the civil law (property) liability that is proposed to be established. It is necessary for Ukraine to introduce insurance institution against a lawyer’s property liability as a means of minimizing the negative consequences for a lawyer, assuming such liability results from an error and such lawyer is obliged to compensate the harm caused to the client.

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Broadhurst, Roderic, Ross Maller, Max Maller, and Brigitte Bouhours. "The recidivism of homicide offenders in Western Australia." Australian & New Zealand Journal of Criminology 51, no. 3 (July 27, 2017): 395–411. http://dx.doi.org/10.1177/0004865817722393.

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Popular perceptions about the recidivism of homicide offenders are contradictory, varying from one extreme – that such offenders rarely commit further violent offences – to the opposite, where it is thought that they remain at a high risk of serious reoffending. The present study draws on the records of 1088 persons arrested in Western Australia over the period 1984–2005 for domestic murders and other types of homicides (robbery and sexual murder), including attempted murder, conspiracy to murder, manslaughter (unintentional homicide) and driving causing death. Our database provides up to 22 years follow-up time (for those arrested in 1984) and accounts critically for the first and any subsequent arrests, if they occur. Of the 1088 persons, only 3 were subsequently arrested and charged with a homicide offence event in the follow-up period. Among those arrested for a murder and subsequently released, we estimate a probability of 0.66 (accounting for censoring) of being rearrested for another offence of any type. The corresponding probabilities for those originally arrested for manslaughter or for driving causing death were equal, at 0.43. A dynamic analysis of the longitudinal data by survival analysis techniques is used to reliably estimate these probabilities. Having a prior record increased the risk of re-arrest; for example male non-Aboriginals arrested for murder with at least one prior arrest have an estimated probability of 0.72 of being rearrested for another offence of any type. Their estimated probability of being rearrested for another serious offence was 0.33. These findings should be of interest to courts and correctional agencies in assessing risk at various stages of the administration of criminal justice.

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Cook, Kay, Lisa Given, Georgia Keam, and Lisa Young. "Technological opportunities for procedural justice in welfare administration: A review of available apps." Critical Social Policy 40, no. 4 (July 9, 2019): 627–48. http://dx.doi.org/10.1177/0261018319860498.

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Welfare agencies are increasingly turning to technology to facilitate information-sharing and communication with users. However, while the administrative, governmental and material effects of technological advances have been examined, research has yet to explore how welfare users could make use of technology for their benefit. In this article, we examine the extent to which available technologies allow Australian separated mothers to assemble and provide data to government agencies in order to pursue procedural, and therefore substantive, justice in child support and welfare contexts. We find that no currently available apps provide separated mothers with technological affordances suited to this purpose. As a result, we find that existing child support and welfare data practices reinforce the social hierarchies that exist post-separation, whereby low-income single mothers are financially and socially disadvantaged, while welfare administrators and non-compliant ex-partners accrue savings and discretionary benefits as a result of existing bureaucratic data gaps and omissions.

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Flower, Rebecca, Defne Demir, John McWilliams, and Dianne Johnson. "Perceptions of fairness in the psychological contracts of allied health professionals." Asia-Pacific Journal of Business Administration 7, no. 2 (June 1, 2015): 106–16. http://dx.doi.org/10.1108/apjba-03-2015-0022.

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Purpose – The purpose of this paper is to investigate the relationships between components of the psychological contract, organisational justice, and negative affectivity (NA), with key employee outcomes (i.e. organisational commitment, job satisfaction, depression, and psychological distress) among allied health professionals. Design/methodology/approach – In total, 134 (response rate of 46 per cent) Australian allied health professional completed a questionnaire. Findings – Multiple regressions revealed that higher NA was associated with lower organisational commitment, lower job satisfaction, and higher levels of depression. The psychological contract variable, breach, was associated with depression. Informational justice was associated with organisational commitment. Distributive justice was associated with job satisfaction. Research limitations/implications – This research is limited by its cross-sectional design and that the data were self-reported. The results obtained suggest the potential utility of collecting longitudinal data to replicate and extend the results. Practical implications – While NA may be beyond management control, it may be ameliorated by attention to improving communication of management decisions and by sensitivity to the elements implicit in psychological contracts. The negative consequences of contract breach may be offset by informational and distributive justice. Originality/value – This study is one of the first to examine multiple measures of the psychological contract in addition to organisational justice and NA. Further, this study adds to the literature for allied health professionals, where little is known about factors contributing to their turnover.

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Siboy, Ahmad, Sholahuddin Al-Fatih, Devi Triasari, and Hilaire Tegnan. "Legal Social Justice in Appointment Non-Definitive Regional Heads toward Welfare State." BESTUUR 11, no. 1 (August) (May 3, 2023): 144. http://dx.doi.org/10.20961/bestuur.v11i1.71055.

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<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">The process of resolving administrative violations in the appointment of non-definitive regional heads that have not been regulated can threaten democratic values. Likewise, there has not been a judicial institution that has been given special authority to try it. This study aims to provide a regulatory model or settlement of administrative violations in the appointment of non-definitive regional heads in the welfare state. This study is a normative legal research that uses legal theory to settle administrative violations, legal protection, the welfare state, and Pancasila democracy. The study results show that the judicial mechanism for appointing non-definitive regional heads has a specificity that cannot be resolved through general State Administrative dispute resolution. In the USA, election disputes were resolved through the courts, whereas, in Australia, the Electoral Management Bodies determine the mayoral elections dispute. A design that can be chosen for the judicial process for appointing a non-definitive regional head is proposed, namely by granting authority to <em>Bawaslu</em> to resolve administrative violations through the Special Court mechanism. The granting of judicial authority can fulfill the basic principles of fast, open, and constitutional non-definitive regional head appointment dispute resolution.</p></td></tr></tbody></table></div>

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Thompson, A. G., and V. W. C. Lok. "OFFSHORE PETROLEUM EXPLORATION IN AUSTRALIA ACREAGE BIDDING SYSTEMS: WORK BIDDING OR CASH BIDDING?" APPEA Journal 43, no. 1 (2003): 677. http://dx.doi.org/10.1071/aj02039.

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The design and efficiency of offshore petroleum acreage bidding systems bear directly on the risk and cost for participants investing in exploration and development projects offshore Australia.Companies, financiers and investors who are interested in investing in petroleum exploration and development activities will find a mixed regime of State and Federal legislation governs such activities in Australia.While the concept of the work program bidding system appears to be sound, the administration of it by the Joint Authorities and Designated Authorities and delegated officers potentially creates many uncertainties for permittees.The approval process is generally a costly and time consuming one under the work program bidding system and its administrative cost diverts funds that otherwise may have been directed to exploration activities.Work program permits are also susceptible to uncertainty and dispute as to whether or not the required work program has been met. Issues of proper or improper exercise of discretionary powers can arise, particularly when wide statutory discretionary powers are in practice circumscribed by Administrative Guidelines.The existence of statutory and administrative discretion requires, in the interests of natural justice, that there be appropriate avenues of appeal for aggrieved permittees. All of the foregoing regulation and cost is removed with cash bid permits. Cash bid permits not only reduce costs for Government but also for industry.The authors are of the view that offering permits by way of the cash bidding system should be reintroduced, with modifications to ensure its efficiency.

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Christopher, Vicki, Michelle Turner, and Nicole C. Green. "Educator Perceptions of Early Learning Environments as Places for Privileging Social Justice in Rural and Remote Communities." Education Sciences 12, no. 1 (January 10, 2022): 40. http://dx.doi.org/10.3390/educsci12010040.

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Early childhood education and care (ECEC) in Australia has long been associated with the concept of social justice, however, a clear understanding of what it looks like across diverse services and communities is not available. This article reports the process of inquiry, as well as the outcomes, of a small-scale study designed to uncover the perceptions of ECEC educators working in rural and remote communities in the state of Queensland. Data were collected through individual semi-structured interviews with five educators from rural and remote settings identified as areas experiencing significant growth in population diversity. An initial thematic analysis of the data revealed three key themes. A secondary analysis using a place and space conceptual framework uncovered deeper, more sophisticated meanings of the educator experience of social justice. The research is important in bringing pedagogical conversations to the forefront regarding ECEC educator perceptions of their role in creating a socially just learning environment. In addition to identifying future research possibilities, implications from the findings indicate opportunities for re-examining and rethinking initial teacher education and ongoing professional learning.

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Millar, Jane, and Peter Whiteford. "Timing it right or timing it wrong: how should income-tested benefits deal with changes in circumstances? : Winner ‐ 2019 Best Paper Prize of the Foundation for International Studies on Social Security (FISS) sponsored by the Journal of Poverty and Social Justice." Journal of Poverty and Social Justice 28, no. 1 (February 1, 2020): 3–20. http://dx.doi.org/10.1332/175982719x15723525915871.

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This article examines the challenges in designing income-tested benefits for people of working age. This is particularly difficult in the context of changing patterns of work and volatility in earnings and income. Matching benefits to needs requires timely assessment and payment. We compare the treatment of timing issues in the working-age welfare systems of the United Kingdom and Australia. The article discusses how these different but similar systems deal with the timing of income receipt and benefit adjustment, problems of overpayment and debt, and draws out some lessons for the design of income-tested provisions.

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Bessant, Judith, and Rob Watts. "Public Administration, Habermas and the Crisis of Legitimacy in the Youth Justice System: An Australian Case Study." Administrative Theory & Praxis 42, no. 4 (October 17, 2019): 483–500. http://dx.doi.org/10.1080/10841806.2019.1678352.

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Nalyvaiko, Larysa, Vasyl Ilkov, Iryna Verba, Olha Kulinich, and Oleksandr Korovaiko. "Specific features of the legal regulation of prosecution for contempt of court: judicial rules established in different countries." Cuestiones Políticas 40, no. 74 (October 25, 2022): 393–409. http://dx.doi.org/10.46398/cuestpol.4074.21.

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The purpose of the article is to reveal the specific features of prosecution for contempt of court in different countries. The methodological basis of this research is a set of general scientific methods (dialectics, abstraction, generalization, analysis, modelling) and special methods of scientific cognition (comparative and legal method, etc.). The existing types of responsibility and penalties for committing contempt of court in different countries of the world have been characterized. The authors have carried out the analysis of the experience of legal liability for manifestation of contempt of court rules established in the United States, Canada, France, Australia, Belgium, Poland, Great Britain, New Zealand, Ireland and India, which allowed to highlight the positive provisions for improvement of legislation in this area. It has been concluded that the purpose of establishing the aforementioned responsibility is to guarantee the administration of justice and the rule of law, maintain and strengthen public confidence in the judicial system, safeguarding the continuity of the judicial process. Based on the analysis of regulatory legal acts and the jurisprudence of several countries in the world, the authors have made the classification by categories of actions that qualify as contempt.

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Krichauff, Skye. "The murder of Melaityappa and how Judge Mann succeeded in making ‘the administration of justice palatable’ to South Australian colonists in 1849." Aboriginal History Journal 41 (December 20, 2017): 23–45. http://dx.doi.org/10.22459/ah.41.2017.02.

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Hambleton, Robin. "Place-based collaboration: Leadership for a changing world." Administration 63, no. 3 (December 1, 2015): 5–25. http://dx.doi.org/10.1515/admin-2015-0018.

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Abstract Placeless power, meaning the exercise of power by decision-makers who are unconcerned about the impact of their decisions on communities living in particular places, has grown significantly in the last thirty years. A consequence is that societies are becoming more unequal. Even in the wealthy global cities modern capitalism is increasing inequality at a formidable rate. In a new book the author provides an international, comparative analysis of the efforts being made by place-based leaders to create inclusive, sustainable cities. This article draws on the evidence presented in the book to suggest that place-based leaders can play a significant role in advancing social justice, promoting care for the environment and bolstering community empowerment. An opening section introduces the idea of place-based power, providing a context for the subsequent discussion. A second section sets out a new way of conceptualising the roles of place-based leaders in any given context, a framework described as the New Civic Leadership. This distinguishes five different realms of civic leadership. The third section provides an example of place-based leadership in action. It outlines the way local leadership has brought about a remarkable transformation of the central area of Melbourne, Australia. A final section presents a comparative discussion of three themes relating to place-based leadership and local collaboration: (i) the changing possibilities for place-based leadership in our rapidly globalising world, (ii) the need for outward-facing local government leadership given the changing nature of public policy challenges and (iii) the role of place-based leadership in bringing about radical public innovation.

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Boyd, William, and Diane Newton. "Times of Change, Times of Turbulence." International Journal of Cyber Ethics in Education 1, no. 3 (July 2011): 1–11. http://dx.doi.org/10.4018/ijcee.2011070101.

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Rapid changes in academic work environments raise ethical dilemmas in supporting students, implementing policies, and developing professional practice. New teaching technologies require academics to consider community aspects of learning and teaching and impacts on student learning in networked environments. This paper critically reflects on recent experience at a small Australian regional university adapting teaching- notably through on-line environments- to respond to student learning need diversity. Applying Shapiro’s use of the ethics of care, critique, justice and the profession to examine ethical dilemmas associated with increasingly networked and on-line learning, the authors propose that an ethics of community will assist finding practical solutions to ethical dilemmas in curriculum development and delivery. This approach shifts from the individual as moral agent to ethical practice as communal processes. Considering community practices and processes can frame and critique learning and teaching approaches, policies and administration to assist students and staff develop ethical scholarship and professionalism.

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Alatise, Taofeeq Nasir. "JURISDICTIONAL PROBLEM IN ENVIRONMENTAL LITIGATION IN NIGERIA: LESSONS FROM NEW SOUTH WALES." IIUM Law Journal 30, no. 1 (July 7, 2022): 75–103. http://dx.doi.org/10.31436/iiumlj.v30i1.553.

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An increase in industrial activities, especially in the oil and gas sector in Nigeria comes with the attendant rise in environmental abuses by multinational companies. Income from oil exploration is the major source of revenue for the Nigerian government. However, over the years, the activities of major oil companies in the oil-rich Niger Delta region have caused and continue to cause monumental damage to the local communities and indeed, the environment. Efforts by successive administrations to address this issue have yielded few results. This development means that victims of environmental abuse and indeed environmental activists have only the court to approach for any remedy. In Nigeria, it is only the Federal High Court that has exclusive jurisdiction to entertain any dispute arising from mines and minerals, including oil and gas exploration. Apart from the significant delay occasioned by congestion of cases, the composition of the Federal High Court has no regard for expert personnel in environmental science who are capable of giving informed decisions that would improve access to environmental justice. This article examines the jurisdiction of the Federal High Court in relation to environmental matters and argues that the court as presently constituted is not better placed to ensure access to environmental justice. This article employs doctrinal legal research methodology and content analysis of both primary and secondary legal sources relating to the practice of the Federal High Court of Nigeria, and Land and Environment Court of New South Wales of Australia. The article argues in favour of establishing a specialised environmental court in Nigeria as a superior court with a comprehensive jurisdiction to dispose of environmental-related matters.

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Adam, Helen. "When Authenticity Goes Missing: How Monocultural Children’s Literature Is Silencing the Voices and Contributing to Invisibility of Children from Minority Backgrounds." Education Sciences 11, no. 1 (January 15, 2021): 32. http://dx.doi.org/10.3390/educsci11010032.

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The importance of recognising, valuing and respecting a child’s family, culture, language and values is central to socially just education and is increasingly articulated in educational policy worldwide. Inclusive children’s literature can support children’s human rights and contribute to equitable and socially just outcomes for all children. However, evidence suggests many educational settings provide monocultural book collections which are counterproductive to principles of diversity and social justice. Further, that educators’ understandings and beliefs about diversity can contribute to inequitable provision and use of diverse books and to inequitable outcomes of book sharing for many children. This paper reports on a larger study investigating factors and relationships influencing the use of children’s literature to support principles of cultural diversity in the kindergarten rooms of long day care centres. The study was conducted within an ontological perspective of constructivism and an epistemological perspective of interpretivism informed by sociocultural theory. A mixed methods approach was adopted, and convergent design was employed interpret significant relationships and their meanings. Twenty-four educators and 110 children from four long day care centres in Western Australia participated. Data were collected through semi-structured interviews, video-based observations, field notes, document analysis and a book audit. This study firstly identified that current book collections in kindergarten rooms of long day care centres promote mono-cultural viewpoints and ‘othering’ of minority groups through limited access to books portraying inclusive and authentic cultural diversity. Secondly, that educators had limited understandings of the role of literature in acknowledging and valuing diversity and rarely used it to promote principles of diversity, resulting in a practice of “othering” those from minority group backgrounds. The key challenges which emerged from the study concerned beliefs, understanding and confidence of educators about diversity and inclusion, and the impact of these on their approaches to promoting principles of diversity through the use of children’s books. This research contributes to discussion on the value of children’s literature in achieving international principles of diversity. These findings have important social justice implications. The outcomes of this study have implications for educators, policy makers, early childhood organisations and those providing higher education and training for early childhood educators.

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Dzvinchuk, Dmytro, Mariana Orliv, Brigita Janiunaite, and Victor Petrenko. "Creating innovative design labs for the public sector: A case for institutional capacity building in the regions of Ukraine." Problems and Perspectives in Management 19, no. 2 (June 21, 2021): 320–32. http://dx.doi.org/10.21511/ppm.19(2).2021.26.

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Innovative design labs were created by public authorities of the USA, Australia, Singapore, Finland, Canada, the UK, Switzerland, Denmark, China, and other countries to accelerate changes and develop modern public service. This paper provides further insight to establishing external innovation accelerators for strengthening capacity of public institutions. The study aims to define the development opportunities for innovative design labs for the public sector in Ukraine’s regions by the case of the Laboratory of Intellectual Development for Empowering Regions (LIDER). The study was conducted at two stages: (1) exploring the features of innovation implementation in the public sector and outlining the main problems of innovation capacity of public institutions; (2) defining the development opportunities for the LIDER via SWOT-analysis. To substantiate the study results, the correlation analysis between autocratic, bureaucratic, competitive, self-protective, and participative leadership behaviors of CEOs and innovation index based on data from 18 countries was performed, as well as a survey of 195 public servants of the Ministry of Justice of Ukraine and an interview of 9 experts were conducted. The following key development opportunities for the LIDER were detected: promoting the introduction of incremental innovations in public institutions by using design thinking methodology; assisting the development of pro-innovative culture and participative leadership via individual-centric and system-oriented approaches; developing effective tools for performance management and supporting public institutions in project activity; organizing the competitions for regional innovative projects; assisting in creation of radically human systems in public institutions. AcknowledgmentThe paper was prepared within the framework of the joint Ukrainian-Lithuanian R&amp;D project “Competence Development of Lithuanian and Ukrainian Public Sector Employees Using Design-Thinking Methodology”.The project has received funding from the Research Council of Lithuania (LMTLT, agreement № S-LU-20-5) and the Ministry of Education and Science of Ukraine (agreement № М/31-2020).

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Hawkins, Gordon, Peter Sallmann, and John Willis. "Criminal Justice in Australia." American Journal of Comparative Law 35, no. 2 (1987): 413. http://dx.doi.org/10.2307/840399.

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Wood, William R. "Justice Reinvestment in Australia." Victims & Offenders 9, no. 1 (January 2, 2014): 100–119. http://dx.doi.org/10.1080/15564886.2013.860935.

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Solla, Julia. "Justice under Administration." American Journal of Legal History 59, no. 2 (April 26, 2019): 232–56. http://dx.doi.org/10.1093/ajlh/njz002.

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Castles, Margaret. "Expanding Justice Access in Australia." Alternative Law Journal 41, no. 2 (June 2016): 115–17. http://dx.doi.org/10.1177/1037969x1604100210.

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Toussaint, Sandy. "ABORIGINAL AUSTRALIA AND NATURAL JUSTICE." Australian Journal of Social Issues 28, no. 4 (November 1993): 308–15. http://dx.doi.org/10.1002/j.1839-4655.1993.tb00931.x.

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Brickhill, Jason, Hugh Corder, Dennis Davis, and Gilbert Marcus. "The Administration of Justice." Yearbook of South African Law 1 (2020): 1057–125. http://dx.doi.org/10.47348/ysal/v1/i1a22.

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Tomlinson, Joe. "Justice in Automated Administration." Oxford Journal of Legal Studies 40, no. 4 (2020): 708–36. http://dx.doi.org/10.1093/ojls/gqaa025.

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Abstract— Public administration has, for some time now, been undergoing a digital transformation. Part of this change is the replacement of human public officials with automated decision-making systems. Beyond its immediate social and political significance, the EU Settlement Scheme—the mechanism established to allow EU citizens to remain resident in the UK after Brexit—represents the coming of age of a new template for automated administration. Understood in its context, this template raises foundational questions about the nature of administrative justice in the emerging digital state. This template, while it has various potential advantages, is essentially half-baked, contains significant risks without sufficient safeguards and requires revision before its suggested wider future application becomes a reality. Amendments to the template ought to be framed by reference to the precautionary principle, as this would continue to make for efficient implementation of policy while better protecting individuals in this experimental phase of automated administration.

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Brickhill, Jason, Hugh Corder, Dennis Davis, and Gilbert Marcus. "The Administration of Justice." Yearbook of South African Law 1 (2020): 1057–125. http://dx.doi.org/10.47348/ysal/v1/i1a22.

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Euy-Young, Lim. "Public Administration and Justice." Korean Public Administration Review 50, no. 4 (December 31, 2016): 63. http://dx.doi.org/10.18333/kpar.50.4.63.

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Noone, Mary Anne. "Access to Justice Research in Australia." Alternative Law Journal 31, no. 1 (March 2006): 30–35. http://dx.doi.org/10.1177/1037969x0603100107.

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Mestre, Jean-Louis. "Administration, justice et droit administratif." Annales historiques de la Révolution française 328, no. 1 (2002): 61–75. http://dx.doi.org/10.3406/ahrf.2002.2580.

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Mestre, Jean-Louis. "Administration, justice et droit administratif." Annales historiques de la Révolution française, no. 328 (June 1, 2002): 61–75. http://dx.doi.org/10.4000/ahrf.608.

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Prasad, R. N. "Administration of Justice in Mizoram." Indian Journal of Public Administration 37, no. 1 (January 1991): 111–23. http://dx.doi.org/10.1177/0019556119910109.

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Jos, Philip H., and Samuel M. Hines. "Care, Justice, and Public Administration." Administration & Society 25, no. 3 (November 1993): 373–92. http://dx.doi.org/10.1177/009539979302500306.

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Bates, Richard. "Educational administration and social justice." Education, Citizenship and Social Justice 1, no. 2 (July 2006): 141–56. http://dx.doi.org/10.1177/1746197906064676.

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Tan Sri Dato' Abdul Hamid Omar, Y. A. A. "Administration of Justice in Malaysia." Denning Law Journal 2, no. 1 (October 30, 2012): 1–22. http://dx.doi.org/10.5750/dlj.v2i1.156.

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Cooper, H. H. A. "Securing the Administration of Justice." Journal of Security Education 1, no. 4 (October 20, 2006): 1–26. http://dx.doi.org/10.1300/j460v01n04_01.

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Mathur, B. C. "Administration of Justice: Administrative Tribunals and Criminal Justice System." Indian Journal of Public Administration 45, no. 3 (July 1999): 501–7. http://dx.doi.org/10.1177/0019556119990320.

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Ogunmodede, Omotan Olusola. "Procedures for Admitting Confessional Statements under the Evidence Act, 2011, Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws of Various States: Inconsistent or Complimentary?" ABUAD Law Journal 8, no. 1 (June 30, 2020): 122–38. http://dx.doi.org/10.53982/alj.2020.0801.08-j.

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Confessional statements are very vital in Nigeria’s administration of criminal justice as many convictions are based on confessional statements. The major laws regulating the admissibility of confessional statements in Nigeria are Evidence Act 2011, Administration of Criminal Justice Act 2015 and Administration of Criminal Justice Laws of various States. The provisions of these laws seem to be inconsistent and create confusion on the admissibility of confessional statements. This paper defines and examines confessional statements under the Evidence Act 2011, the Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws of Various States. The paper examines various court decisions on the “conflicts” between the Evidence Act 2011, the Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws. The paper finds that the Evidence Act solely determines the admissibility of confessional statements while the Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws in conjunction with other evidence determines the weight to be attached to a confessional statement. The paper concludes that the Evidence Act and Administration of Criminal Justice Act 2015/ the Administration of Criminal Justice Law are therefore complementary rather than inconsistent.

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Waza, Aarif Mohd, and Ekambaker P.K. "Analysis of the Impact of Justice Theory in Public Administration." International Journal of Integrative Research 2, no. 2 (March 2, 2024): 145–56. http://dx.doi.org/10.59890/ijir.v2i2.1363.

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Justice is a fundamental principle that guides the actions and decisions of government agencies and official. In terms of public administration justice refers to “ the fair and equitable treatment of all individuals and groups within the context of governing institutions and operations”. The development of justice in public administration has evolved over a period of time through various philosophers and public movements. The importance of justice in administrative decision making is very important for good governance. This research paper focuses on the historical development of justice in public administration and its importance in policy making and policy implementation to enhance good governance. This research paper deals with different dimensions of justice in public administration like social justice, environmental justice, access to justice, distributive and redistributive justice etc. The importance of key principles like fairness, equity and impartiality in justice theory of public administration are also mentioned in this research paper. What are the challenges while upholding justice in public administration and the relationship between justice in public administration and good governance is also mentioned in this research paper

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Perkins, Charles. "ABORIGINAL AUSTRALIA AND PUBLIC ADMINISTRATION." Australian Journal of Public Administration 51, no. 2 (June 1992): 223–33. http://dx.doi.org/10.1111/j.1467-8500.1992.tb00241.x.

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MacGregor, David. "Bringing War Criminals to Justice in Australia." Alternative Law Journal 32, no. 3 (September 2007): 154–59. http://dx.doi.org/10.1177/1037969x0703200306.

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Burmester, Henry. "Australia and the International Court of Justice." Australian Year Book of International Law Online 17, no. 1 (1997): 19–37. http://dx.doi.org/10.1163/26660229-017-01-900000004.

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Lambert, Robert, and Michael Gillan. "Justice, Rationalism and Factory Closures in Australia." Labour & Industry: a journal of the social and economic relations of work 16, no. 1 (January 2005): 23–41. http://dx.doi.org/10.1080/10301763.2005.10722029.

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Guimaraes, Tomas Aquino, Adalmir Oliveira Gomes, and Edson Ronaldo Guarido Filho. "Administration of justice: an emerging research field." RAUSP Management Journal 53, no. 3 (July 9, 2018): 476–82. http://dx.doi.org/10.1108/rausp-04-2018-010.

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Purpose The purpose of this paper is to discuss the concept of Administration of Justice as a research field and set out an agenda for future studies that could promote the production of scientific knowledge in this area. Design/methodology/approach This paper explores the idiosyncratic features, dimensions of analysis upon the Administration of Justice, states a research agenda and discusses the main challenges on this theme. This paper conceptualizes Administration of Justice as a research field and discusses related phenomena from institutional and economic perspectives on innovation, performance, governance and legitimacy. Findings As a research field, Administration of Justice is defined as a set of theoretical concepts, research methods and techniques, aiming to investigate the management processes associated with the use and articulation of resources, knowledge and institutions, at different levels of the justice system, and their influence on the provision of justice in a given social context. As social phenomena, four levels of analysis are proper to investigate the justice system: societal, inter-organizational, organizational and operational. Innovation, performance, governance and legitimacy are central themes of the Administration of Justice and present various gaps and research opportunities. Research limitations/implications The main implications is the proposal of an agenda for future studies on the Administration of Justice field, which is an important step in raising awareness of the issue. Originality/value Administration of Justice encompasses a growing interest among academics, justice practitioners and public managers regarding managerial and political practices carried out in the justice system. Although relevant, this subject has been scarcely studied by the management community. This paper invites community to adopt an organizational and institutional perspective to Administration of Justice, setting an agenda for future research.

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Journal articles on the topic 'Justice, Administration of Australia'

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