Academic literature on the topic 'Paternalism Australia'
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Journal articles on the topic "Paternalism Australia"
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Davis, Jenny. "Stigma, separation, sorrow: leprosy in Australia." Microbiology Australia 41, no. 4 (2020): 187. http://dx.doi.org/10.1071/ma20051.
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Leprosy (Hansen’s disease) was introduced to Australia in the mid-1800s and its story reflects the attitudes of the 19th and 20th centuries, with treatment including segregation, paternalism, and racism. The approaches taken within the Australian states were similar and based on isolating people affected by leprosy, as both a measure to assist the patient but, more importantly, to protect the European society. The most devastating effects of this introduced disease and these approaches were on Indigenous Australians. With the advent of effective antimicrobials, isolation practices were slowly replaced with community-based treatment. However, the term ‘leper’ still evokes negative images in Australian society today.
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Dee, Mike. "Welfare Surveillance, Income Management and New Paternalism in Australia." Surveillance & Society 11, no. 3 (December 1, 2013): 272–86. http://dx.doi.org/10.24908/ss.v11i3.4540.
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This article discusses the situation of income support claimants in Australia, constructed as faulty citizens and flawed welfare subjects. Many are on the receiving end of complex, multi-layered forms of surveillance aimed at securing socially responsible and compliant behaviours. In Australia, as in other Western countries, neoliberal economic regimes with their harsh and often repressive treatment of welfare recipients operate in tandem with a burgeoning and costly arsenal of CCTV and other surveillance and governance assemblages. Through a program of ‘Income Management’, initially targeting (mainly) Indigenous welfare recipients in Australia’s Northern Territory, the BasicsCard (administered by Centrelink, on behalf of the Australian Federal Government’s Department of Human Services) is one example of this welfare surveillance. The scheme operates by ‘quarantining’ a percentage of a claimant’s welfare entitlements to be spent by way of the BasicsCard on ‘approved’ items only. The BasicsCard scheme raises significant questions about whether it is possible to encourage people to take responsibility for themselves if they no longer have real control over the most important aspects of their lives. Some Indigenous communities have resisted the BasicsCard, criticising it because the imposition of income management leads to a loss of trust, dignity, and individual agency. Further, income management of individuals by the welfare state contradicts the purported aim that they become less ‘welfare dependent’ and more ‘self-reliant’. In highlighting issues around compulsory income management this paper makes a contribution to the largely under discussed area of income management and the growth of welfare surveillance, with its propensity for function creep, garnering large volumes of data on users approved (and declined) purchasing decisions, complete with dates, amounts, times and locations.
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Ellinghaus, Katherine. "The Moment of Release." Pacific Historical Review 87, no. 1 (2018): 128–49. http://dx.doi.org/10.1525/phr.2018.87.1.128.
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During the twentieth century some Australian states and the U.S. federal government enacted comparable policies that demonstrate how the discourse of protection continued to survive in an era when settler nations were focussed on “assimilating” Indigenous populations. The Australian policy of exemption and the U.S. policy of competency did not represent a true change in direction from past policies of protection. In contrast to the nineteenth century, though, these twentieth-century policies offered protection to only a deserving few. Drawing on records of exemption and competency from New South Wales and Oklahoma in the 1940s and 1950s, this article shows how the policies of exemption and competency ostensibly gave the opportunity for some individuals to prove that they no longer needed the paternalism of colonial governments. They were judged using very different local criteria. In Australia, applicants were mostly judged on whether they engaged in “respectable” use of alcohol; in the United States, applicants were assessed on whether they had “business sense.”
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O'Brien, Anne. "Creating the Aboriginal Pauper: Missionary Ideas in Early 19th Century Australia." Social Sciences and Missions 21, no. 1 (2008): 6–30. http://dx.doi.org/10.1163/187489408x308019.
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AbstractThis article examines the relationship between nineteenth century English poor law discourse and missionary work in colonial Australia. The text analyses key sites of Christian missionary philanthropy in New South Wales (NSW) and Victoria in the period 1813-1849. It looks at changes in the ethos of one benevolent institution set up for poor whites, the Benevolent Society of New South Wales. Activated by Christian paternalism at its foundation in 1813 the ethos of this institution became dominated by the language of moral reform by the 1830s. The article also examines the first institution established for Indigenous people, the Native Institution at Parramatta, NSW, founded in 1814. Its aims and character will be compared and contrasted with those of the Female and Male Orphan schools for white children. The text considers also how Christian philanthropic visions for the improvement of Indigenous people were affected by factors such as accelerating pastoral expansion, loss of Indigenous food sources and retaliatory violence. Cet article examine la relation entre le discours relatif aux lois sur les pauvres au 19e siècle en Angleterre et le travail missionnaire en Australie coloniale, en se penchant sur les sites clés de la philanthropie chrétienne dans le New South Wales et Victoria durant les années 1813 à 1849. Ainsi, le texte analyse les transformations de l'éthos d'une institution bénévole créée pour s'occuper des pauvres blancs, la Société Bénévole de New South Wales. Alors qu'il était un produit du paternalisme chrétien à sa fondation en 1813, l'ethos de l'institution fut marqué par le langage de la réforme morale vers les années 1830. Le regard se porte également sur la première institution pour les peuples indigènes, la Native Institution at Parramatta, fondée en 1814. Ses buts et son caractère sont comparés et contrastés avec ceux des orphelinats pour filles et garçons blancs. Le texte considère enfin comment les vues philanthropiques chrétiennes pour l'amélioration des peuples indigènes ont été affectées par des facteurs tels que l'expansion pastorale croissante, la perte de nourriture indigène et la violence de représailles.
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Leader-Elliott, Ian D. "Prohibitions Against Heroin Use: Can They Be Justified?" Australian & New Zealand Journal of Criminology 19, no. 4 (December 1986): 225–50. http://dx.doi.org/10.1177/000486588601900404.
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Legislative responses to the drug problem in Australia have been predominantly penal in character. In the case of heroin, a drug which has assumed a mythic or totemic status among the illicit drugs, the calculated effect of criminal prohibitions has been to worsen the plight of the individual user. Few, if any, attempts have been made in this country to present a rational and principled justification for our current practices. The article presents an analysis of the operation of existing laws as they affect the heroin problem. The question whether these effects can be justified as an example of state paternalism is then discussed. It is argued that existing laws are unprincipled, indefensible and that our primary reliance on the mechanisms of the criminal law has been misplaced.
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Smith, Malcolm K., and Tracey Carver. "Montgomery, informed consent and causation of harm: lessons from Australia or a uniquely English approach to patient autonomy?" Journal of Medical Ethics 44, no. 6 (March 23, 2018): 384–88. http://dx.doi.org/10.1136/medethics-2017-104273.
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The UK Supreme Court in Montgomery v Lanarkshire Health Board adopts an approach to information disclosure in connection with clinical treatment that moves away from medical paternalism towards a more patient-centred approach. In doing so, it reinforces the protection afforded to informed consent and autonomous patient decision making under the law of negligence. However, some commentators have expressed a concern that the widening of the healthcare providers’ duty of disclosure may provide impetus, in future cases, for courts to adopt a more rigorous approach to the application of causation principles. The aim would be to limit liability but, in turn, it would also limit autonomy protection. Such a restrictive approach has recently been adopted in Australia as a result of the High Court decision in Wallace v Kam. This paper considers whether such an approach is likely under English negligence law and discusses case law from both jurisdictions in order to provide a point of comparison from which to scope the post-Montgomery future.
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Mendes, Philip. "Top-down Paternalism Versus Bottom-up Community Development: A Case Study of Compulsory Income Management Programmes in Australia." International Journal of Community and Social Development 1, no. 1 (January 31, 2019): 42–57. http://dx.doi.org/10.1177/2516602618816485.
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The compulsory income management or welfare quarantining programmes introduced by Australian governments over the past 11 years have provoked major public contention. One key source of conflict has been around whether these programmes have been introduced via co-design processes enabling the consent of local communities, or alternatively whether they are merely top-down programmes imposed with minimum consultation on specific geographical sites. This article argues that most consultation processes have been limited and tokenistic, and rarely included actual income management participants. An alternative bottom-up community development process is proposed based on the principles such as social inclusion, participation and empowerment.
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McCormack, D. J., A. Gulati, and J. Mangwani. "Informed consent." Bone & Joint Journal 100-B, no. 6 (June 2018): 687–92. http://dx.doi.org/10.1302/0301-620x.100b6.bjj-2017-1542.r1.
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Our aim in this paper was to investigate the guidelines and laws governing informed consent in the English-speaking world. We noted a recent divergence from medical paternalism within the United Kingdom, highlighted by the Montgomery v Lanarkshire Health Board ruling of 2015. We investigated the situation in the United Kingdom, Australia, New Zealand, Canada, and the United States of America. We read the national guidance regarding obtaining consent for surgical intervention for each country. We used the references from this guidance to identify the laws that helped inform the guidance, and reviewed the court documents for each case. There has been a trend towards a more patient-focused approach in consent in each country. Surgeons should be aware of the guidance and legal cases so that they can inform patients fully, and prevent legal problems if outdated practices are followed. Cite this article: Bone Joint J 2018;100-B:687–92.
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Davis, Rebecca, Cheryl Monturo, Maria O'Reilly, and Diana Sturdevant. "The Ethical Dilemma of Safety Versus Self-Determination in Long-Term Care Community Residents During COVID-19." Innovation in Aging 5, Supplement_1 (December 1, 2021): 158. http://dx.doi.org/10.1093/geroni/igab046.607.
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Abstract The pandemic profoundly affected the care of older adults in long term care communities (LTCC) across the world. More than one third of pandemic deaths were linked to nursing homes. Most nations and states had strict guidelines on visitation, with many, especially in the United States, totally prohibiting visitation for over an entire year. Well-intentioned measures to protect through isolation caused a profound ethical tension between safety and self-determination. The aim of the project was to examine this dilemma using a case study and the Madison Collaborative Ethical Reasoning in Action Framework. Eight key questions of fairness, outcomes, rights, responsibilities, character, liberty, empathy, and authority were applied in the context of federal and state mandates in the US and Australia. Results highlighted issues of ageism, paternalism vs empathy, regulatory vs family authority, a focus on short-term outcomes while forfeiting long-term outcomes, community responsibilities to the resident trumped individual resident rights, the potential loss of community character in lieu of basic care provision, a loss of personal freedoms, and the emphasis of physical well-being over holistic well-being. The results of this analysis can inform future policy and provide lessons learned for the future.
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Stilwell, Christine. "Information as currency, democracy, and public libraries." Library Management 39, no. 5 (June 11, 2018): 295–306. http://dx.doi.org/10.1108/lm-08-2017-0078.
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Purpose The purpose of this paper is to endorse the notion that information is the currency of democracy and explore the question of the public library’s role in promoting democracy through the provision of access to information. Design/methodology/approach A review of the literature and a case study are used. Findings From the early days of the public library, there has been a certain democratic paternalism in librarians’ views on public libraries, and ambivalence about the extent to which these libraries have provided information to the whole population. Despite this finding, the paper explores the public library’s role in providing information; the currency of information. Public libraries can contribute to the renewal of a democratic public sphere by providing free and ready access to knowledge and information, as well as safe and trusted social spaces for the exchange of ideas, creativity, and decision making. Originality/value The paper examines material from the dawn of the public library to current concerns about the role of these libraries in providing access to information, in revitalising citizenship and fostering democracy. It draws on the well-known example of the birth of democracy in South Africa and on discussions of public library neutrality and activism in contemporary France, describing limits on the achievements of libraries in these countries in the context of some current, promising examples from the USA, Britain, Denmark, and Australia.
Dissertations / Theses on the topic "Paternalism Australia"
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au, cgraydon@murdoch edu, and Clare Marie Graydon. "Protection or paternalism: A critical evaluation of Australian legislation relating to sexual acts involving persons with intellectual disability." Murdoch University, 2009. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20090610.84938.
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As a result of the development and recognition of human rights and of the principle of normalisation, in recent decades sweeping changes have occurred in the living conditions of many people with intellectual disability.
The United Nations Declaration on the Rights of Mentally Retarded Persons (1971)contains statements to the effect that, as far as possible, the lives of disabled persons should resemble those of their non-disabled peers, and this presumably extends to sexual expression. However, the words as far as possible imply that in some circumstances, limitations on a right may be justifiable. One such circumstance is where a competing right exists, for example, the right to sexual expression has to be balanced against a right to protection. Under some conditions, the provision of protective measures may fall to the criminal justice system, which may be used to afford protection to persons with intellectual disability. Australian jurisdictions have used three different approaches in current legislation: to set a minimum standard of sexual knowledge that must be present before the person is deemed capable of consent to sexual activities; to prohibit sexual relations with persons holding power or authority over the person; and to proscribe all sexual exploitation. This thesis contains proposals for reforms to each category of legislative provisions. First, it is suggested that the standard of knowledge required to support consent should more closely resemble the knowledge required for informed consent to medical procedures. Second, restrictions on sexual activity with persons with intellectual disability based on employment status should be relaxed where the role of the staff member does not confer power to coerce people with intellectual disability. Third, with regard to the prosecution of offences against incapable persons with mental impairment, it is proposed that the charge should be sex without consent. On the other hand, it is argued that prosecution under criminal law is inappropriate where a vulnerable but capable person is deemed to have been exploited. The thesis contains a number of further recommendations for the reform of anomalies which exist between the general law of sexual offences and those committed specifically against persons with mental impairment. It is suggested that marriage be abolished as a defence to sexual acts with an incapable person and that offences against persons with mental impairment carry equivalent penalties to general sexual offences. On the basis of literature reviewed in this thesis, two additional proposals have been made. First, that education in the sexual rights of persons with intellectual impairment should be given to carers so that they do not unduly inhibit the development of sexual relationships by that person. The second proposal is that reform should be accompanied by the provision of repeated, appropriate, detailed and specific sex education of all persons with intellectual impairment and that this education should be based on needs identified in the aforementioned research. The tentative outcome of proposals contained in this thesis is that persons capable of consent would enjoy enhanced freedom to exercise their right to sexual expression, and those incapable of consent would be afforded more certain protection.
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Graydon, Clare. "Protection or paternalism? : a critical evaluation of Australian legislation relating to sexual acts involving persons with intellectual disability /." Murdoch University Digital Theses Program, 2007. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20090610.84938.
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Graydon, Clare Marie. "Protection or paternalism: A critical evaluation of Australian legislation relating to sexual acts involving persons with intellectual disability." Thesis, Graydon, Clare Marie (2009) Protection or paternalism: A critical evaluation of Australian legislation relating to sexual acts involving persons with intellectual disability. PhD thesis, Murdoch University, 2009. https://researchrepository.murdoch.edu.au/id/eprint/705/.
Full textAbstract:
As a result of the development and recognition of human rights and of the principle of normalisation, in recent decades sweeping changes have occurred in the living conditions of many people with intellectual disability.
The United Nations Declaration on the Rights of Mentally Retarded Persons (1971)contains statements to the effect that, as far as possible, the lives of disabled persons should resemble those of their non-disabled peers, and this presumably extends to sexual expression. However, the words “as far as possible” imply that in some circumstances, limitations on a right may be justifiable. One such circumstance is where a competing right exists, for example, the right to sexual expression has to be balanced against a right to protection. Under some conditions, the provision of protective measures may fall to the criminal justice system, which may be used to afford protection to persons with intellectual disability. Australian jurisdictions have used three different approaches in current legislation: to set a minimum standard of sexual knowledge that must be present before the person is deemed capable of consent to sexual activities; to prohibit sexual relations with persons holding power or authority over the person; and to proscribe all sexual exploitation. This thesis contains proposals for reforms to each category of legislative provisions. First, it is suggested that the standard of knowledge required to support consent should more closely resemble the knowledge required for informed consent to medical procedures. Second, restrictions on sexual activity with persons with intellectual disability based on employment status should be relaxed where the role of the staff member does not confer power to coerce people with intellectual disability. Third, with regard to the prosecution of offences against incapable persons with mental impairment, it is proposed that the charge should be sex without consent. On the other hand, it is argued that prosecution under criminal law is inappropriate where a vulnerable but capable person is deemed to have been exploited. The thesis contains a number of further recommendations for the reform of anomalies which exist between the general law of sexual offences and those committed specifically against persons with mental impairment. It is suggested that marriage be abolished as a defence to sexual acts with an incapable person and that offences against persons with mental impairment carry equivalent penalties to general sexual offences. On the basis of literature reviewed in this thesis, two additional proposals have been made. First, that education in the sexual rights of persons with intellectual impairment should be given to carers so that they do not unduly inhibit the development of sexual relationships by that person. The second proposal is that reform should be accompanied by the provision of repeated, appropriate, detailed and specific sex education of all persons with intellectual impairment and that this education should be based on needs identified in the aforementioned research. The tentative outcome of proposals contained in this thesis is that persons capable of consent would enjoy enhanced freedom to exercise their right to sexual expression, and those incapable of consent would be afforded more certain protection.
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Graydon, Clare Marie. "Protection or paternalism: A critical evaluation of Australian legislation relating to sexual acts involving persons with intellectual disability." Graydon, Clare Marie (2009) Protection or paternalism: A critical evaluation of Australian legislation relating to sexual acts involving persons with intellectual disability. PhD thesis, Murdoch University, 2009. http://researchrepository.murdoch.edu.au/705/.
Full textAbstract:
As a result of the development and recognition of human rights and of the principle of normalisation, in recent decades sweeping changes have occurred in the living conditions of many people with intellectual disability.
The United Nations Declaration on the Rights of Mentally Retarded Persons (1971)contains statements to the effect that, as far as possible, the lives of disabled persons should resemble those of their non-disabled peers, and this presumably extends to sexual expression. However, the words “as far as possible” imply that in some circumstances, limitations on a right may be justifiable. One such circumstance is where a competing right exists, for example, the right to sexual expression has to be balanced against a right to protection. Under some conditions, the provision of protective measures may fall to the criminal justice system, which may be used to afford protection to persons with intellectual disability. Australian jurisdictions have used three different approaches in current legislation: to set a minimum standard of sexual knowledge that must be present before the person is deemed capable of consent to sexual activities; to prohibit sexual relations with persons holding power or authority over the person; and to proscribe all sexual exploitation. This thesis contains proposals for reforms to each category of legislative provisions. First, it is suggested that the standard of knowledge required to support consent should more closely resemble the knowledge required for informed consent to medical procedures. Second, restrictions on sexual activity with persons with intellectual disability based on employment status should be relaxed where the role of the staff member does not confer power to coerce people with intellectual disability. Third, with regard to the prosecution of offences against incapable persons with mental impairment, it is proposed that the charge should be sex without consent. On the other hand, it is argued that prosecution under criminal law is inappropriate where a vulnerable but capable person is deemed to have been exploited. The thesis contains a number of further recommendations for the reform of anomalies which exist between the general law of sexual offences and those committed specifically against persons with mental impairment. It is suggested that marriage be abolished as a defence to sexual acts with an incapable person and that offences against persons with mental impairment carry equivalent penalties to general sexual offences. On the basis of literature reviewed in this thesis, two additional proposals have been made. First, that education in the sexual rights of persons with intellectual impairment should be given to carers so that they do not unduly inhibit the development of sexual relationships by that person. The second proposal is that reform should be accompanied by the provision of repeated, appropriate, detailed and specific sex education of all persons with intellectual impairment and that this education should be based on needs identified in the aforementioned research. The tentative outcome of proposals contained in this thesis is that persons capable of consent would enjoy enhanced freedom to exercise their right to sexual expression, and those incapable of consent would be afforded more certain protection.
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Münch-Heubner, Peter L. [Verfasser]. "Sanfter Paternalismus : Entstehung, Geschichte und Gegenwart des Sozial- und Interventionsstaates in Australien / Peter L. Münch-Heubner." Frankfurt a.M. : Peter Lang GmbH, Internationaler Verlag der Wissenschaften, 2017. http://d-nb.info/1133461670/34.
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"Paternalism and identity : the role of personal labour organization in the formation of group identity among the Metis in the Rupertsland fur trade and the Aboriginal people in the northern Australian cattle industry." Thesis, 1999. http://hdl.handle.net/10388/etd-01022007-141357.
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The question of the origins of a Metis identity in Canada is one that has been contemplated by several scholars. These scholars have taken various approaches to the question, many focusing solely on the social and political aspects of Metis history. While such approaches can be useful, they ignore the crucial influence of the economic and labour relations of the Rupertsland fur trade in the development and expression of a distinct Metis identity in western Canada. The unique economic and labour relations of the Rupertsland fur trade, identified by H. Clare Pentland as personal labour relationships, allowed a cohesiveness and inter-connectedness to develop between the Aboriginal labourers and their European employers which emphasized the interdependencies inherent in the industry. However, while personal labour relations were an important catalyst for the development and expression of a distinct Metis identity, it is too simplistic to suggest that it was these relations alone that encouraged such a phenomenon. The northern Australian cattle industry utilized similar economic and labour relations and yet a distinct mixed descent identity did not develop in Australia. Therefore, the external influences in the industry must also be examined. The four most important external influences that encouraged the development of a Metis identity in Canada and discouraged a similar event in Australia were: the needs of the colonial employers in regards to land tenure; the economic opportunities available to the people of mixed descent; the educational opportunities available to the people of mixed descent; and, the time depth of contact in both industries. These four external influences combined with the use of personal labour organization in the Rupertsland fur trade encouraged the development and expression of a distinct Metis identity in Canada.
Books on the topic "Paternalism Australia"
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Ravenhill, John. From paternalism to partnership: Australia's relations with ASEAN (Working paper). Research School of Pacific Studies, Australian National University, 1997.
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Howard-Wagner, Deirdre. The Neoliberal State, Recognition and Indigenous Rights: New paternalism to new imaginings. ANU Press, 2018.
Find full textBook chapters on the topic "Paternalism Australia"
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Page, Alexander. "Fragile positions in the new paternalism: Indigenous community organisations during the ‘Advancement’ era in Australia." In The Neoliberal State, Recognition and Indigenous Rights, 185–200. ANU Press, 2018. http://dx.doi.org/10.22459/caepr40.07.2018.10.
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"From paternalism to partnership: the Good Neighbour Agreement and the Argyle Diamond Mine Indigenous Land Use Agreement in Western Australia." In Community Futures, Legal Architecture, 245–64. Routledge, 2012. http://dx.doi.org/10.4324/9780203123119-22.
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Howard-Wagner, Deirdre, Maria Bargh, and Isabel Altamirano-Jiménez. "From new paternalism to new imaginings of possibilities in Australia, Canada and Aotearoa/New Zealand: Indigenous rights and recognition and the state in the neoliberal age." In The Neoliberal State, Recognition and Indigenous Rights, 1–39. ANU Press, 2018. http://dx.doi.org/10.22459/caepr40.07.2018.01.
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