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COVID-19 Vaccine Mandates: A Coercive but Justified Public Health Necessity COVID-19疫苗授权:强制性但合理的公共卫生必要性
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-07-01 DOI: 10.53637/kxul1406
Kay Wilson, Christopher Rudge
{"title":"COVID-19 Vaccine Mandates: A Coercive but Justified Public Health Necessity","authors":"Kay Wilson, Christopher Rudge","doi":"10.53637/kxul1406","DOIUrl":"https://doi.org/10.53637/kxul1406","url":null,"abstract":"In response to the COVID-19 pandemic, governments worldwide introduced vaccine mandates and ‘passports’, creating tension between individual liberties and public health. This article provides an overview of the history of vaccine mandates in Australia and the United Kingdom, before examining the COVID-19 period, when Australian states introduced various conditional mandates while the United Kingdom largely avoided doing so. This article considers several medico-legal and human rights arguments for and against the imposition of conditional mandates. Although this article concludes that vaccine coercion is both legally and morally justified, it acknowledges the right to refuse medical treatment, freedom of thought, conscience, and opinion, and the right to bodily integrity as important precepts deserving serious consideration. In many cases, alternatives to coercion are preferable. This article has ongoing relevance, both for COVID-19 (as new variants and treatments emerge) and beyond, including for the use of coercion in childhood vaccination and future pandemics.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44473614","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}
引用次数: 0
Indigenous Experience Reports: Addressing Silence and Deficit Discourse in Sentencing 本土经验报告:解决量刑中的沉默与缺失话语
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-07-01 DOI: 10.53637/kjat3372
A. Hopkins, T. Anthony, L. Bartels, Sinead Allen, Emma Henke
{"title":"Indigenous Experience Reports: Addressing Silence and Deficit Discourse in Sentencing","authors":"A. Hopkins, T. Anthony, L. Bartels, Sinead Allen, Emma Henke","doi":"10.53637/kjat3372","DOIUrl":"https://doi.org/10.53637/kjat3372","url":null,"abstract":"The hyper-incarceration of Indigenous Australians urges analysis of unconscious bias, the application of criminogenic risk assumptions, and structural impediments to consideration of Indigenous experience in sentencing. Disrupting deficit-based discourses requires new approaches to sentencing, in which First Nations voices are heard. This article examines all 149 sentences delivered in the Supreme Court of the Australian Capital Territory between 2009 and 2019, in which the defendant’s Indigenous status was identifiable. We consider the extent and nature of engagement with Indigenous experience, finding a prevailing silence and limited evidence of strengths-based approaches. We argue that listening to First Nations voices in sentencing can provide a counterpoint to deficit discourses and a holistic understanding of the individual and their background, including the ongoing relevance of colonisation in their lives. The use of Indigenous Experience Reports to enable this listening may also promote strengths-based considerations and challenge the efficacy of carceral options.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43805862","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}
引用次数: 0
Letting the Market Decide? The Rise – and Regulatory Risks – of the Australian Nanotechnology Industry 让市场决定?澳大利亚纳米技术产业的兴起和监管风险
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-07-01 DOI: 10.53637/eggy8437
Paris Jeffcoat, Cary di Lernia, Elizabeth New
{"title":"Letting the Market Decide? The Rise – and Regulatory Risks – of the Australian Nanotechnology Industry","authors":"Paris Jeffcoat, Cary di Lernia, Elizabeth New","doi":"10.53637/eggy8437","DOIUrl":"https://doi.org/10.53637/eggy8437","url":null,"abstract":"In 2022, the European Union moved to ban the use of titanium dioxide as a food additive after it had been on the market for over four decades, due to safety concerns related to the additive’s nanoparticulate nature. Marking a significant backflip in the international regulatory approach to consumer products containing nano-objects, the global shifting of regulatory gears following the decision has already begun to filter through to domestic policymaking, with regulator Food Standards Australia New Zealand forced to reconsider their regulatory approach to the additive, which remains largely permissive. In view of the evolving understanding that technologies and objects at the nanoscale present new risks to humans and the environment, it is argued that a more precautionary approach should be considered by Australian regulators to fill the significant gaps in existing regulatory frameworks and safeguard stakeholders.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44572736","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}
引用次数: 0
Reversing the ‘Quasi-tribunal’ Role of Human Research Ethics Committees: A Waiver of Consent Case Study 逆转人类研究伦理委员会的“准法庭”角色：放弃同意的案例研究
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-07-01 DOI: 10.53637/jnsp7349
Lisa Eckstein, M. Otlowski, M. Taylor, Rebekah E. McWhirter
{"title":"Reversing the ‘Quasi-tribunal’ Role of Human Research Ethics Committees: A Waiver of Consent Case Study","authors":"Lisa Eckstein, M. Otlowski, M. Taylor, Rebekah E. McWhirter","doi":"10.53637/jnsp7349","DOIUrl":"https://doi.org/10.53637/jnsp7349","url":null,"abstract":"This article traces the history of Human Research Ethics Committees (‘HRECs’) in Australia, noting their development from peer review bodies to a model more akin to quasi-tribunals. We illustrate this shift through the role of HRECs in authorising waivers of consent for health and medical research: a responsibility that is codified under federal and state privacy laws and national research ethics guidelines. Despite the increasingly rule-based nature of HREC decisions, the manner in which HRECs operate has barely changed from their peer review roots. In particular, very limited substantive oversight or appeals mechanisms apply to HREC decisions. Given the stakes involved in authorising – or refusing to authorise – waivers of consent, this may lead to a loss of trust in, and trustworthiness of, the Australian research enterprise. We suggest looking to the model in the United Kingdom and the Republic of Ireland, which delineates the ethical acceptability of a waiver of consent from its legal compliance.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43925154","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}
引用次数: 0
The Right to Disconnect in Australia: Creating Space for a New Term Implied by Law 澳大利亚的断开连接权：为法律隐含的新术语创造空间
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-07-01 DOI: 10.53637/hjmq5885
G. Golding
{"title":"The Right to Disconnect in Australia: Creating Space for a New Term Implied by Law","authors":"G. Golding","doi":"10.53637/hjmq5885","DOIUrl":"https://doi.org/10.53637/hjmq5885","url":null,"abstract":"A French labour law commenced in 2017 attempting to preserve a ‘right to disconnect’, requiring companies with 50 employees or more to negotiate policies about work-related communications with employees outside work. This legislation points to a universal problem, equally affecting Australian employees. The expectation to stay connected out-of-hours is making employees miserable, leading to burnout, poor performance, and high turnover. While a right to disconnect has not yet been widely recognised in Australia, this article explores the several forms it could take. Some employers have begun implementing equivalent changes to their workplace policies and enterprise agreements. The right could be formulated as an express contractual term. Modern awards and the National Employment Standards could be varied to include it. However, these options depend on direct intervention at the workplace level, or by Parliament. Instead, the common law could be instrumental in recognising it as a term implied by law.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49336817","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}
引用次数: 0
Evolving Conceptions of Legal Personhood: What might Recent Legal Developments Herald for Non-human Animals in Australia? 法律人格概念的演变：澳大利亚非人类动物的最新法律发展先驱是什么？
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-07-01 DOI: 10.53637/dktu6447
Jane Katzmann, Morgan Stonebridge, Paulien Christiaenssen
{"title":"Evolving Conceptions of Legal Personhood: What might Recent Legal Developments Herald for Non-human Animals in Australia?","authors":"Jane Katzmann, Morgan Stonebridge, Paulien Christiaenssen","doi":"10.53637/dktu6447","DOIUrl":"https://doi.org/10.53637/dktu6447","url":null,"abstract":"Legal personhood has traditionally been associated with human persons and their representatives, for example, corporations. Recent years, however, have seen the binary conception of legal personhood challenged and reconceived, and the circle of legal persons expanded in numerous jurisdictions. In particular, the utter failure of environmental laws to protect the environment has led to the recognition of nature bodies as legal persons. Within this context, this article considers whether these developments might lead to recognition of animals as legal persons in Australia. The parallel deficiencies of environmental and animal laws, together with the willingness of some Australian legislatures to entertain legal personhood for nature, may suggest that the concept of legal personhood for animals in Australia is not completely far-fetched.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48738565","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}
引用次数: 0
The Spectacle of Respectable Equality: Queer Discrimination in Australian Law Post Marriage Equality 体面平等的奇观:婚姻平等后澳大利亚法律中的同性恋歧视
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-07-01 DOI: 10.53637/nafg1780
Emma Genovese
{"title":"The Spectacle of Respectable Equality: Queer Discrimination in Australian Law Post Marriage Equality","authors":"Emma Genovese","doi":"10.53637/nafg1780","DOIUrl":"https://doi.org/10.53637/nafg1780","url":null,"abstract":"This article explores Australian legislation and policy since marriage equality to emphasise the pattern of prejudice that persists against the queer community through the theory of spectacles of ‘respectable equality’. Spectacles of respectable equality describe theatrical legislation or policy that is qualified by heterosexual privilege and produces a faux imitation of equality. In demonstrating that this pattern amounts to discrimination against the queer community, this article explores direct and indirect forms of discrimination. Direct discrimination is scrutinised through an assessment of blood donation policy and birth certificate legislation. Indirect discrimination is considered through an analysis of gender-neutral legislative drafting policies in the Victorian and Commonwealth jurisdictions, and Australian interpretative legislation. Ultimately, this article identifies examples of spectacles of respectable equality to demonstrate how discrimination against the queer community is not a disparate issue, but a connected pattern that must be broken.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44230393","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}
引用次数: 0
Intoxication Evidence in Rape Trials in the Country Court of Victoria: A Qualitative Study 维多利亚乡村法院强奸审判中的醉酒证据:一项定性研究
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-07-01 DOI: 10.53637/xzqj2471
Julia Quilter, Luke McNamara, Melissa Porter, Sarah Croskery-Hewitt
{"title":"Intoxication Evidence in Rape Trials in the Country Court of Victoria: A Qualitative Study","authors":"Julia Quilter, Luke McNamara, Melissa Porter, Sarah Croskery-Hewitt","doi":"10.53637/xzqj2471","DOIUrl":"https://doi.org/10.53637/xzqj2471","url":null,"abstract":"Although long associated with incidents of sexual violence, evidence of alcohol and/or other drug (‘AOD’) consumption and intoxication continues to present challenges for the enforcement of rape laws and justice for victim-survivors. This article reports on the findings of a transcript analysis of 33 Victorian rape trials involving evidence of complainant and/or defendant intoxication. Statutory provisions designed to break the culturally-assumed nexus between intoxication and consent were rarely relied upon by the prosecution. Complainant intoxication evidence was more likely to be engaged by the defence to challenge the Crown’s ability to prove the elements of rape, sometimes by invoking the intoxication/consent nexus, but more commonly by suggesting that the complainant’s account lacked veracity because their recall was tainted by intoxication. Trials could have benefited from expert evidence on AOD effects, including with respect to cognitive functions like consent formation and memory.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43266725","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}
引用次数: 0
Restoring Public Trust in Charities: Empirical Findings and Recommendations 重建公众对慈善机构的信任:实证研究结果与建议
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-07-01 DOI: 10.53637/awff1066
Rosemary Teele Langford, Malcolm Anderson
{"title":"Restoring Public Trust in Charities: Empirical Findings and Recommendations","authors":"Rosemary Teele Langford, Malcolm Anderson","doi":"10.53637/awff1066","DOIUrl":"https://doi.org/10.53637/awff1066","url":null,"abstract":"This article reports the results of an extensive survey of persons who govern Australian charities (known as ‘responsible persons’) in relation to governance duties and conflicts of interest. These results are significant in light of the complexity of the legal framework governing Australia’s charities sector and in light of the shortage of empirical research into the sector. The results, combined with comprehensive legal analysis, enable critical evaluation of the overall effectiveness of the governance and regulatory system of charities in Australia, in turn enabling recommendations to ameliorate the difficulties caused by complexity and to facilitate improved governance.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135568981","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}
引用次数: 0
To Catch a Killer Cousin: Investigative Genetic Genealogy as a Critical Extension of Familial Searching in Serious Crime Convictions in Australia 为了抓住一个杀人的表亲:调查基因谱系作为在澳大利亚严重犯罪定罪的家族搜索的重要延伸
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-07-01 DOI: 10.53637/cggn8586
Callum Vittali-Smith
{"title":"To Catch a Killer Cousin: Investigative Genetic Genealogy as a Critical Extension of Familial Searching in Serious Crime Convictions in Australia","authors":"Callum Vittali-Smith","doi":"10.53637/cggn8586","DOIUrl":"https://doi.org/10.53637/cggn8586","url":null,"abstract":"The ways in which DNA can be used to identify unknown offenders in criminal investigations is constantly evolving. This article takes a developmental approach, exploring the use of DNA profiling, familial searching, and investigative genetic genealogy (‘IGG’), and considers whether Australia could, and should, expand its application of DNA analysis to identify offenders. Part II examines DNA profiling and familial searching which is now the status quo in Australia. However, it is then argued that familial searching is flawed, presenting unique issues of privacy and consent, and producing substantial biases. Part III then posits IGG as an emerging solution to the limitations of familial searching. Its development in the United States is explored, before explaining how the limitations of familial searching can be directly redressed by IGG. The article concludes by calling for IGG to be implemented in Australia, and offering some initial recommendations on how this might best be achieved.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43636497","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}
引用次数: 0
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