Month: July 2019

Upp, Phyllis; Wright, Sheila B; Yett, May The Human Rights Commission has noted that, on International Women’s Day 2019, 57 countries signed a United Nations Statement calling for access to safe abortions, comprehensive sexuality education and equitable sexual reproductive health. Australia was elected to the UN Human Rights Council in October 2017 but, despite assurances…

Thompson, Keith This article summarises Professor Martin Krygier’s work on the rule of law and his view that arbitrariness is its core and is under-theorised. From ancient philosophy, the author suggests that our rule of law settlement feels tentative because arbitrariness is a human characteristic that cannot be completely fixed with institutional checks and balances….

Bourova, Evgenia; Ramsay, Ian; Ali, Paul Legal protections are in place to allow Australians in financial hardship to avoid negative credit ratings and bankruptcy by negotiating alternative payment arrangements with creditors. This article draws upon focus groups with consumer advocates to investigate whether these protections are meeting the needs of recent migrants from a non-Englishspeaking…

Rahim, Mia M The relative benefits and risks of nanomedicine have led to global indecisiveness regarding a suitable approach for regulation of this industry, and Australia is no exception. This article proposes a meta-regulation approach for regulating nanomedicine in Australia, demonstrating how this approach enables companies to surpass their compliance requirements and improve stakeholders’ capacity…

Poberezny-Lynch, Thomas This article considers whether, in light of medical advances in the treatment of human immunodeficiency virus, the intentional or reckless transmission of human immunodeficiency virus should constitute grievous bodily harm in New South Wales law. The author argues that as a result of the major medical advances in the treatment of human immunodeficiency…

Walker, Hannah; Easteal, Patricia; Ballard, Allison; Blake, Karen In this article, we build on existing research into sexual harassment in a retail environment by adding the perspectives of managers/employers and lawyers to describe the major social and legal variables that impede disclosure and legal remedies in customer-perpetrated sexual harassment. We identify that, if tested, employers…

Gibbon, Helen; Steel, Alex What should be learnt in law school is currently a debated topic. One aspect of this debate is whether what is taught in the core subjects is necessary or taught to the right level. In this article, we examine one such core subject: criminal law. The aim is to provide baseline…

Richardson, Liz Mental health courts have been established in four Australian jurisdictions to provide a targeted response to people with mental illness and cognitive impairments coming through the courts. This article provides an up-to-date overview of Australian mental health courts, discusses the evidence base underpinning them and identifies three important emerging directions for their future…

Crowe, Jonathan; Field, Rachael; Toohey, Lisa; Partridge, Helen; McAllister, Lynn We are living in the age of online information. Knowledge and information are increasingly accessed through the internet, and the catch-cry ‘I’ll just Google that!’ now has a firm place in the vernacular. Founded in 1998, Google.com has had unprecedented success in changing the way…

Bielefeld, Shelley; Beaupert, Fleur The Cashless Debit Card (CDC) was triggered by a recommendation in the 2014 Forrest Review, ostensibly to address substance abuse and gambling issues. The CDC applies to a broad range of social security payments, defined as ‘trigger’ payments, including a Disability Support Pension (DSP). This article contends that people with disabilities…