Alternative Law Journal最新文献

{"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":null,"pages":null},"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}

{"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":null,"pages":null},"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}

{"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":null,"pages":null},"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}

{"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":null,"pages":null},"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}

{"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":null,"pages":null},"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}

{"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":null,"pages":null},"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}

{"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":null,"pages":null},"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}

{"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":null,"pages":null},"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}

{"title":"Individual communications: Can they provide effective redress for human rights violations?","authors":"Bill Swannie","doi":"10.1177/1037969x231199504","DOIUrl":"https://doi.org/10.1177/1037969x231199504","url":null,"abstract":"The International Covenant on Civil and Political Rights (ICCPR), together with its Optional Protocol, enables individuals to allege a violation of their rights by submitting a ‘communication’ to a committee of independent experts nominated to monitor compliance with the ICCPR. This procedure may result in a finding that the State Party has violated the ICCPR, and consequent changes to law and policy which can benefit individuals and groups. However, the procedure has serious flaws, including long delays in making findings, and difficulties concerning enforcement.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47852002","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}

{"title":"Law & Culture","authors":"Hamish McLachlan, Neil Williams","doi":"10.1177/1037969X231197852","DOIUrl":"https://doi.org/10.1177/1037969X231197852","url":null,"abstract":"I do not think of myself as a cynical person, but I have lost count of the number of times I have told my students that Australian law does not adequately protect human rights. Unlike every other democratic nation in the world, Australia does not possess a national human rights Act or constitutional Bill of Rights. Nevertheless, while this may be a disappointment to me andmany other Australians, it is not the whole story. As Lucy Geddes and Hamish McLachlan, two practising human rights lawyers, ably demonstrate, the inhospitable climate of human rights protection in Australian law has not prevented important green shoots. In 50 Human Rights Cases that Changed Australia, Geddes and McLachlan identify, extract, and summarise some of the most significant human rights cases in Australia. Their outline and analysis are clear and simple to follow. The breadth of cases and areas of law covered is comprehensive, including (among others) decisions on the rights of First Nations peoples, women, children, asylum seekers, prisoners, and democracy more broadly. Although largely focused on civil and political rights, Geddes and McLachlan do include two cases on the right to a clean, healthy and sustainable environment. As the authors note, the increasing manifestation of climate change impacts means that this area of law is ripe for further attention. The book joins a growing series of student-focused titles from Federation Press, like Leading Cases in Australian Law and Leading Cases in Contract Law, which provide short and sharp summaries of key decisions with some accompanying analysis. While aimed at law students, these books offer much to legal professionals. I must admit (with some embarrassment) that several of the human rights cases that ‘changed Australia’, collected by Geddes and McLachlan, had faded from my memory (or perhaps had passed me by in the first place). It was pleasing to be reacquainted with them and reminded of the capacity of Australian law to realise positive outcomes for individuals and communities. Even so, it is striking that many of the cases considered do not engage with or consider international human rights law or, indeed, the human rights that do exist within Australian law. The barren nature of rights protection in this country has required litigants seeking a remedy to dress their claims in a different outfit, such as administrative law or the common law. The cases collected in this book reveal that this strategy can and does work. However, it is not sufficient for systemic and widespread protection.While common law principles, such as the principle of legality, play an important role in rights protection, they can only stretch so far. Clear statutory language can displace and abrogate common law rights and patch up pyrrhic administrative law victories. Several of the cases identified in the book reveal this tension. John Koowarta may have secured a groundbreaking win against the Bjelke-Petersen government in 1982, but it too","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44344486","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}