Pub Date : 2023-05-17DOI: 10.1177/1037969X231174672
Allison Ballard, Doris Bozin
There is a need to determine the contemporary financial costs of workplace violence to the Australian economy. Since 2001, this intractable and typically gendered workplace problem has been viewed through a mythical lens which suggests it costs Australia between $6–36 billion every year. For over two decades, this estimate has been touted as an immutable source of truth. Accurate and realistic costings could support better policy and regulatory approaches to the prevention and effective management of workplace violence while also protecting those vulnerable members of our community who are most at risk of ongoing harm on account of workplace violence.
{"title":"The true (financial) costs of workplace violence in Australia","authors":"Allison Ballard, Doris Bozin","doi":"10.1177/1037969X231174672","DOIUrl":"https://doi.org/10.1177/1037969X231174672","url":null,"abstract":"There is a need to determine the contemporary financial costs of workplace violence to the Australian economy. Since 2001, this intractable and typically gendered workplace problem has been viewed through a mythical lens which suggests it costs Australia between $6–36 billion every year. For over two decades, this estimate has been touted as an immutable source of truth. Accurate and realistic costings could support better policy and regulatory approaches to the prevention and effective management of workplace violence while also protecting those vulnerable members of our community who are most at risk of ongoing harm on account of workplace violence.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"191 - 196"},"PeriodicalIF":0.7,"publicationDate":"2023-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42674842","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 : 2023-05-15DOI: 10.1177/1037969X231175181
Catherine Zhou
This article considers the role of dignity in the context of procedural fairness and the threshold of materiality. The author argues that dignity and indignation operate as social contingencies with expressive and constitutive consequences. The author particularly analyses the use of dignity as a justification for procedural fairness, and the ways in which a socio-political concept of dignity facilitates contestation of the law. Finally, the author explains how the threshold of materiality has conversely diminished such contestation by diminishing indignation.
{"title":"Injustice and indignity in the threshold of materiality","authors":"Catherine Zhou","doi":"10.1177/1037969X231175181","DOIUrl":"https://doi.org/10.1177/1037969X231175181","url":null,"abstract":"This article considers the role of dignity in the context of procedural fairness and the threshold of materiality. The author argues that dignity and indignation operate as social contingencies with expressive and constitutive consequences. The author particularly analyses the use of dignity as a justification for procedural fairness, and the ways in which a socio-political concept of dignity facilitates contestation of the law. Finally, the author explains how the threshold of materiality has conversely diminished such contestation by diminishing indignation.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"210 - 215"},"PeriodicalIF":0.7,"publicationDate":"2023-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41505227","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 : 2023-05-04DOI: 10.1177/1037969X231171160
Damien Linnane, D. McNamara, Lisa Toohey
This article makes the case for the provision of Medicare universally to all Australians, specifically to those who are currently incarcerated. As the article explains through its focus on mental health, the exclusion of Medicare from prisons was not part of the original design of the Australian health care system, and its ongoing absence has had dramatic impacts on the human rights and health of those in the criminal justice system.
{"title":"Ensuring universal access: The case for Medicare in prison","authors":"Damien Linnane, D. McNamara, Lisa Toohey","doi":"10.1177/1037969X231171160","DOIUrl":"https://doi.org/10.1177/1037969X231171160","url":null,"abstract":"This article makes the case for the provision of Medicare universally to all Australians, specifically to those who are currently incarcerated. As the article explains through its focus on mental health, the exclusion of Medicare from prisons was not part of the original design of the Australian health care system, and its ongoing absence has had dramatic impacts on the human rights and health of those in the criminal justice system.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"102 - 109"},"PeriodicalIF":0.7,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42137573","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 : 2023-05-04DOI: 10.1177/1037969X231172533
Pascale Chifflet, Meribah Rose
The first re-trial under the second or subsequent appeal provisions introduced into the Criminal Procedure Act 2009 (Vic) has recently concluded, resulting in the acquittal of Jason Roberts for the 1998 murders of two Victoria Police officers. This article traces the various stages in Roberts’ efforts to have his conviction overturned, raising questions about the efficacy of the different mechanisms available for redressing miscarriages of justice. Ultimately, while the second or subsequent appeal process can be considered a success for Roberts, significant barriers remain for other wrongfully convicted persons whose circumstances do not receive the attention of a powerful commission of inquiry such as IBAC.
{"title":"The Jason Roberts case: A second or subsequent appeal process to correct miscarriages of justice?","authors":"Pascale Chifflet, Meribah Rose","doi":"10.1177/1037969X231172533","DOIUrl":"https://doi.org/10.1177/1037969X231172533","url":null,"abstract":"The first re-trial under the second or subsequent appeal provisions introduced into the Criminal Procedure Act 2009 (Vic) has recently concluded, resulting in the acquittal of Jason Roberts for the 1998 murders of two Victoria Police officers. This article traces the various stages in Roberts’ efforts to have his conviction overturned, raising questions about the efficacy of the different mechanisms available for redressing miscarriages of justice. Ultimately, while the second or subsequent appeal process can be considered a success for Roberts, significant barriers remain for other wrongfully convicted persons whose circumstances do not receive the attention of a powerful commission of inquiry such as IBAC.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"110 - 115"},"PeriodicalIF":0.7,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49207418","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 : 2023-05-04DOI: 10.1177/1037969x231172561
S. Toussaint
{"title":"Hidden, not forgotten: First Nations voices over time from Western Australia to the Referendum","authors":"S. Toussaint","doi":"10.1177/1037969x231172561","DOIUrl":"https://doi.org/10.1177/1037969x231172561","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"153 - 154"},"PeriodicalIF":0.7,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44393435","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 : 2023-04-25DOI: 10.1177/1037969x231171968
{"title":"‘Sit down Girlie!’: Girlie does her block!","authors":"","doi":"10.1177/1037969x231171968","DOIUrl":"https://doi.org/10.1177/1037969x231171968","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"149 - 149"},"PeriodicalIF":0.7,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45813898","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 : 2023-04-17DOI: 10.1177/1037969X231163602
M. Nehme
The Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) is not currently equipped to empower Indigenous Australians to set up their for-profit businesses under its regime due to its rigidity and interventionist approach. This article argues the need for a change. A proposal is put forward to allow for the creation of a new type of corporation under the existing legislative framework for Indigenous entrepreneurs to run their for-profit businesses in a culturally appropriate way.
{"title":"Aboriginal and Torres Strait Islander corporations: Time for a rethink?","authors":"M. Nehme","doi":"10.1177/1037969X231163602","DOIUrl":"https://doi.org/10.1177/1037969X231163602","url":null,"abstract":"The Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) is not currently equipped to empower Indigenous Australians to set up their for-profit businesses under its regime due to its rigidity and interventionist approach. This article argues the need for a change. A proposal is put forward to allow for the creation of a new type of corporation under the existing legislative framework for Indigenous entrepreneurs to run their for-profit businesses in a culturally appropriate way.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"127 - 132"},"PeriodicalIF":0.7,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44751249","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 : 2023-04-16DOI: 10.1177/1037969x231171461
{"title":"Legal Studies: First Nations Voice: What should it talk about, and who should listen?","authors":"","doi":"10.1177/1037969x231171461","DOIUrl":"https://doi.org/10.1177/1037969x231171461","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"148 - 148"},"PeriodicalIF":0.7,"publicationDate":"2023-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47092397","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 : 2023-04-14DOI: 10.1177/1037969X231170419
Lorne Neudorf
This article explores the role of a proposed Indigenous Voice in relation to Australia's largest source of new law: delegated legislation. It argues that in order for the Voice to have a meaningful role in the federal lawmaking process and fulfil its purpose, it must engage closely with the delegated lawmaking process. In particular, Parliament should provide the Voice with robust consultation and scrutiny functions for relevant delegated legislation, including the power to recommend its disallowance to both Houses of the Parliament.
{"title":"The role of a First Nations Voice for delegated legislation","authors":"Lorne Neudorf","doi":"10.1177/1037969X231170419","DOIUrl":"https://doi.org/10.1177/1037969X231170419","url":null,"abstract":"This article explores the role of a proposed Indigenous Voice in relation to Australia's largest source of new law: delegated legislation. It argues that in order for the Voice to have a meaningful role in the federal lawmaking process and fulfil its purpose, it must engage closely with the delegated lawmaking process. In particular, Parliament should provide the Voice with robust consultation and scrutiny functions for relevant delegated legislation, including the power to recommend its disallowance to both Houses of the Parliament.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"84 - 89"},"PeriodicalIF":0.7,"publicationDate":"2023-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49057350","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 : 2023-04-11DOI: 10.1177/1037969x231157811
A. Mackay
This article considers the multitude of inquiries and investigations into the treatment of children in youth detention in Australia over the past five years (2017–2022) as well as examples of practices that constitute torture and other cruel, inhuman or degrading treatment under international law (in particular, solitary confinement, use of restraints and force and strip searching). It explores how Australia might move beyond reacting to such treatment to preventing it because of the international and national monitoring and oversight mechanisms introduced by the Optional Protocol to the Convention Against Torture (OPCAT).
{"title":"Preventing torture and other cruel, inhuman or degrading treatment of children in detention in Australia","authors":"A. Mackay","doi":"10.1177/1037969x231157811","DOIUrl":"https://doi.org/10.1177/1037969x231157811","url":null,"abstract":"This article considers the multitude of inquiries and investigations into the treatment of children in youth detention in Australia over the past five years (2017–2022) as well as examples of practices that constitute torture and other cruel, inhuman or degrading treatment under international law (in particular, solitary confinement, use of restraints and force and strip searching). It explores how Australia might move beyond reacting to such treatment to preventing it because of the international and national monitoring and oversight mechanisms introduced by the Optional Protocol to the Convention Against Torture (OPCAT).","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"90 - 96"},"PeriodicalIF":0.7,"publicationDate":"2023-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44000358","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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