Pub Date : 2023-10-27DOI: 10.1177/1037969x231211088
{"title":"Girlie says Yes means Yes and No still means No","authors":"","doi":"10.1177/1037969x231211088","DOIUrl":"https://doi.org/10.1177/1037969x231211088","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136311717","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-26DOI: 10.1177/1037969x231211414
{"title":"Law & Culture","authors":"","doi":"10.1177/1037969x231211414","DOIUrl":"https://doi.org/10.1177/1037969x231211414","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135013502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-26DOI: 10.1177/1037969x231207158
Patricia Carlisle
There is a legislative lacuna in South Australian laws governing patients who present to hospitals with a medically impaired decision-making capacity where restrictive practices are warranted to facilitate assessment, treatment or mitigate the risk of harm. In this article, the author employs Charmaz’s constructivist grounded theory methodology to analyse how clinicians navigated this gap. A proposal is made to develop legal reforms balancing clinician duties with patients’ human rights, through standardised legislative frameworks with accessible avenues for redress for vulnerable patients.
{"title":"Restrictive practices and patients with impaired decision-making: Balancing duties and rights","authors":"Patricia Carlisle","doi":"10.1177/1037969x231207158","DOIUrl":"https://doi.org/10.1177/1037969x231207158","url":null,"abstract":"There is a legislative lacuna in South Australian laws governing patients who present to hospitals with a medically impaired decision-making capacity where restrictive practices are warranted to facilitate assessment, treatment or mitigate the risk of harm. In this article, the author employs Charmaz’s constructivist grounded theory methodology to analyse how clinicians navigated this gap. A proposal is made to develop legal reforms balancing clinician duties with patients’ human rights, through standardised legislative frameworks with accessible avenues for redress for vulnerable patients.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135013512","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-26DOI: 10.1177/1037969x231209125
Laetitia-Ann Greeff
Recently, the New South Wales Attorney General indicated that section 61AA of the Crimes Act 1900 (NSW) is working as intended by meeting its policy objectives and, therefore, parental corporal punishment will remain legal even in the face of ongoing advocacy for its repeal. This Brief argues that society has moved on and that corporal punishment and the defence of lawful correction do not enjoy the same level of support that they did more than two decades ago when the criminal law was amended to include s 61AA, and it is time to repeal this provision.
{"title":"The relevance of lawful correction in contemporary Australia: A reply to the NSW Attorney General","authors":"Laetitia-Ann Greeff","doi":"10.1177/1037969x231209125","DOIUrl":"https://doi.org/10.1177/1037969x231209125","url":null,"abstract":"Recently, the New South Wales Attorney General indicated that section 61AA of the Crimes Act 1900 (NSW) is working as intended by meeting its policy objectives and, therefore, parental corporal punishment will remain legal even in the face of ongoing advocacy for its repeal. This Brief argues that society has moved on and that corporal punishment and the defence of lawful correction do not enjoy the same level of support that they did more than two decades ago when the criminal law was amended to include s 61AA, and it is time to repeal this provision.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136382190","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-26DOI: 10.1177/1037969x231210912
{"title":"The right to life? How a human rights lens might prevent deaths in custody","authors":"","doi":"10.1177/1037969x231210912","DOIUrl":"https://doi.org/10.1177/1037969x231210912","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"41 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135016599","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-18DOI: 10.1177/1037969x231208037
Bruce Chen, Anita Mackay
The 2023 coronial inquest findings into the death of Aboriginal woman, Ms Veronica Nelson, in a Victorian prison represents a high-water mark for the relevance and application of the Victorian Charter of Human Rights and Responsibilities Act 2006 to inquests into deaths in custody. The reliance on the Victorian Charter in the inquest was particularly significant because of the detailed findings and recommendations, directed at a wide variety of criminal justice system agencies, intended to prevent future deaths in custody. The outcome of the inquest clearly demonstrates that Human Rights Acts can enhance the preventive function of coroners in Australia.
{"title":"The Nelson inquest: Relevance of the <i>Victorian Charter</i> to the coronial function of preventing deaths in custody","authors":"Bruce Chen, Anita Mackay","doi":"10.1177/1037969x231208037","DOIUrl":"https://doi.org/10.1177/1037969x231208037","url":null,"abstract":"The 2023 coronial inquest findings into the death of Aboriginal woman, Ms Veronica Nelson, in a Victorian prison represents a high-water mark for the relevance and application of the Victorian Charter of Human Rights and Responsibilities Act 2006 to inquests into deaths in custody. The reliance on the Victorian Charter in the inquest was particularly significant because of the detailed findings and recommendations, directed at a wide variety of criminal justice system agencies, intended to prevent future deaths in custody. The outcome of the inquest clearly demonstrates that Human Rights Acts can enhance the preventive function of coroners in Australia.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"349 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135884876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-09DOI: 10.1177/1037969x231205912
Sagi Peari
The combination of environmental, social and corporate governance (‘ESG’) factors has an important place in business today. These factors require businesses, among other things, to protect workers, incorporate environmental considerations, ensure consumer safety, increase health benefits for employees and perhaps reduce executive bonuses to help avoid layoffs. The ESG considerations have become relevant to business models, services and products of businesses and have become inherent in investment analysis and investment decisions. Corporate boards should take them on board in their decision-making process.
{"title":"The combination of environmental, social and corporate governance factors has an important place in business today","authors":"Sagi Peari","doi":"10.1177/1037969x231205912","DOIUrl":"https://doi.org/10.1177/1037969x231205912","url":null,"abstract":"The combination of environmental, social and corporate governance (‘ESG’) factors has an important place in business today. These factors require businesses, among other things, to protect workers, incorporate environmental considerations, ensure consumer safety, increase health benefits for employees and perhaps reduce executive bonuses to help avoid layoffs. The ESG considerations have become relevant to business models, services and products of businesses and have become inherent in investment analysis and investment decisions. Corporate boards should take them on board in their decision-making process.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135095929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-09DOI: 10.1177/1037969x231206831
Graeme Innes, Natalie Wade
This article pays respect to the role of the Disability Discrimination Act (DDA) in revolutionising the rights of people with disabilities in Australia but makes the case for law reform of this landmark legislation. In analysing the successes and failures of the DDA, we provide a clear roadmap to reform the DDA toward a modern realisation of disability rights in Australia.
{"title":"The case for change: Reviewing the <i>Disability Discrimination Act</i>","authors":"Graeme Innes, Natalie Wade","doi":"10.1177/1037969x231206831","DOIUrl":"https://doi.org/10.1177/1037969x231206831","url":null,"abstract":"This article pays respect to the role of the Disability Discrimination Act (DDA) in revolutionising the rights of people with disabilities in Australia but makes the case for law reform of this landmark legislation. In analysing the successes and failures of the DDA, we provide a clear roadmap to reform the DDA toward a modern realisation of disability rights in Australia.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135095150","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-29DOI: 10.1177/1037969x231205769
Jake Blight
Modern mobile phones bear no resemblance to rotary-dial phones of the 1960s. The volume and nature of data extracted from intercepting a ‘telecommunications service’ in today’s online world is fundamentally different to ‘wire-tapping’ a phone conversation. Yet the statutory threshold for ASIO to intercept a telecommunications service has not changed since 1960. There is no statutory requirement to consider privacy or proportionality when issuing ASIO a warrant. The situation is similar for access to telecommunications data (metadata), once just a list of numbers dialled but now a rich source of personal information. This article argues that it is time for the law to change.
{"title":"ASIO telecommunications interception and data access powers","authors":"Jake Blight","doi":"10.1177/1037969x231205769","DOIUrl":"https://doi.org/10.1177/1037969x231205769","url":null,"abstract":"Modern mobile phones bear no resemblance to rotary-dial phones of the 1960s. The volume and nature of data extracted from intercepting a ‘telecommunications service’ in today’s online world is fundamentally different to ‘wire-tapping’ a phone conversation. Yet the statutory threshold for ASIO to intercept a telecommunications service has not changed since 1960. There is no statutory requirement to consider privacy or proportionality when issuing ASIO a warrant. The situation is similar for access to telecommunications data (metadata), once just a list of numbers dialled but now a rich source of personal information. This article argues that it is time for the law to change.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135198968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-20DOI: 10.1177/1037969x231201428
Georgina Dimopoulos
This article examines how the Australian family courts have considered parental gender affirmation when determining the best interests of children in post-separation parenting disputes under Part VII of the Family Law Act 1975 (Cth). It analyses three features of the jurisprudence which arguably challenge the acceptance of transgender and gender diverse (‘TGD’) families in Australian family law: the potential risk of harm to children, and the impacts on parenting capacity, from a parent affirming their gender; emphasis upon the uniqueness of parental gender affirmation as a childhood experience, with attendant risks to children from ‘public’ exposure; and the importance of language to the social affirmation of gender and for representing the perspectives and experiences of TGD parents and their children. The author argues that as more post-separation parenting disputes involving parental gender affirmation come before the Australian family courts, they will contribute to making TGD families more ‘visible’ in law, thereby promoting greater understanding of a family form that may still be labelled ‘ambiguous’, ‘novel’ or lacking an ‘established social or legal script’.
{"title":"Parental gender affirmation and children’s best interests in Australian family law","authors":"Georgina Dimopoulos","doi":"10.1177/1037969x231201428","DOIUrl":"https://doi.org/10.1177/1037969x231201428","url":null,"abstract":"This article examines how the Australian family courts have considered parental gender affirmation when determining the best interests of children in post-separation parenting disputes under Part VII of the Family Law Act 1975 (Cth). It analyses three features of the jurisprudence which arguably challenge the acceptance of transgender and gender diverse (‘TGD’) families in Australian family law: the potential risk of harm to children, and the impacts on parenting capacity, from a parent affirming their gender; emphasis upon the uniqueness of parental gender affirmation as a childhood experience, with attendant risks to children from ‘public’ exposure; and the importance of language to the social affirmation of gender and for representing the perspectives and experiences of TGD parents and their children. The author argues that as more post-separation parenting disputes involving parental gender affirmation come before the Australian family courts, they will contribute to making TGD families more ‘visible’ in law, thereby promoting greater understanding of a family form that may still be labelled ‘ambiguous’, ‘novel’ or lacking an ‘established social or legal script’.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136308529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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