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Pages: 88 - 88 Abstract: Alternative Law Journal, Volume 47, Issue 2, Page 88-88, June 2022.
Citation: Alternative Law Journal PubDate: 2022-06-03T01:45:50Z DOI: 10.1177/1037969X221106514 Issue No:Vol. 47, No. 2 (2022)
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Authors:Kayleen Manwaring, Matthew Kearnes, Bronwen Morgan, Paul Munro, Roberta Pala, Shanil Samarakoon Abstract: Alternative Law Journal, Ahead of Print. This article examines the recommendations of the recent Productivity Commission Inquiry regarding the right to repair through the lens of social issues surrounding the right to repair movement. It describes the right to repair movement in Australia and globally and examines which repair practices are considered important by the Commission, and the limitations of the Commission’s preoccupation with existing repair markets. It also discusses changing notions of ownership and their effects on repair practices. Citation: Alternative Law Journal PubDate: 2022-06-23T08:38:59Z DOI: 10.1177/1037969X221108557
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Abstract: Alternative Law Journal, Ahead of Print.
Citation: Alternative Law Journal PubDate: 2022-06-23T08:36:25Z DOI: 10.1177/1037969X221110429
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Authors:Mark A W Deng Abstract: Alternative Law Journal, Ahead of Print. In this article, I discuss some of the problems associated with bride-price, practised by the Dinka people. I argue that bride-price makes women objects of sale and purchase, then discuss the rise in bride-price and how this may also result in mistreatment of women, eg, it may lead to domestic violence. I then examine the status of the bride-price under Australian law, find that it is not illegal and argue for its criminalisation in view of Australia’s commitment to gender equality and human rights, and public policy. Citation: Alternative Law Journal PubDate: 2022-06-21T12:20:27Z DOI: 10.1177/1037969X221108473
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Authors:Ciprian N Radavoi, Wellett Potter Abstract: Alternative Law Journal, Ahead of Print. Hailed as a ‘green’ solution for decongesting traffic, electric scooters are invading the footpath in numerous cities in Australia. This article argues that legislative and local administrative action taken regarding the use of e-scooters in a space traditionally occupied by pedestrians and slow mobility devices should better balance the rights and interests at stake. Citation: Alternative Law Journal PubDate: 2022-06-17T10:04:49Z DOI: 10.1177/1037969X221108806
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Authors:Tegan Evans Abstract: Alternative Law Journal, Ahead of Print. This Brief describes the current requirements to access Youth Allowance, the federal income support payment for fulltime students and apprentices. The author discusses the ‘independence’ test and its application to young people aged 21 or younger. She explores the inaccessibility of this payment for estranged or victimised youth, particularly for the LGBTQIA+ community, due to the disproportionate power it places in the hands of parents of adult children. Citation: Alternative Law Journal PubDate: 2022-05-31T12:25:04Z DOI: 10.1177/1037969X221105553
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Authors:Susan Bird, Upamali Amarakoon, Xiaoyan Liang, David Pearson Abstract: Alternative Law Journal, Ahead of Print. Food waste is a global problem, with significant environmental, social and economic implications. A concerted effort that engages all world governments would be an optimal approach to address food waste. While there has been some international agreement, strategies on how to reduce food waste remain the purview of national, state and local governments. In this article, we explore the Australian government’s commitment to fighting food waste, and strategies to realise its vision to halve food waste by 2030. Arguing that voluntary action may not be sufficient to reach this goal, we highlight the role that law can play in fighting food waste. Citation: Alternative Law Journal PubDate: 2022-05-26T01:04:47Z DOI: 10.1177/1037969X221098483
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Authors:Amanda Clarke Abstract: Alternative Law Journal, Ahead of Print. Neither ‘violent conduct’ nor ‘charged’ are defined in the founding New South Wales (NSW) drug court legislation in relation to the definition of an ‘offence involving violent conduct’ as defined in s 5(2)(b) of the Drug Court Act 1998. Accordingly, the court has relied upon the case law interpretation which has triggered much debate in NSW. The fundamental point of debate is whether the concept relates to the ‘elements’ of the offence or the alleged physical ‘conduct’ of the referral to the Drug Court program. This article aims to identify and outline the lack of clarity that has arisen from this legislation. It is argued that the eligibility exclusion outlined in s 5(2)(b) should be reviewed for possible statutory amendment to target the most appropriate offenders and maintain the success of the Drug Court. Citation: Alternative Law Journal PubDate: 2022-05-14T08:23:44Z DOI: 10.1177/1037969X221097189
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Authors:Kishaya Delaney, Amy Maguire Abstract: Alternative Law Journal, Ahead of Print. The United Nations 2030 Agenda for Sustainable Development offers countries an opportunity to align domestic law and policy through its framework of international Sustainable Development Goals (SDGs), in an effort to transform the global community. The success of the SDGs rests on their domestic implementation, which can be judged by measurement against targets. This article demonstrates the variable effects of mixed domestic approaches to implementation, through a comparison between Australia and Sweden. Noting the impact of the COVID-19 pandemic and accompanying renewed importance of the SDGs, this article asserts that an integrated multilateral approach to implementing the SDGs (such as Sweden’s) and stronger domestic implementation will be key to recovering the losses sustained during the pandemic and meeting the goals outlined in the 2030 Agenda (in Australia and in other countries). Citation: Alternative Law Journal PubDate: 2022-04-29T09:29:23Z DOI: 10.1177/1037969X221095562
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Authors:Stacey McMillan, Holly Lawson, Kath McFarlane Abstract: Alternative Law Journal, Ahead of Print. Young Australians exiting Out-of-Home Care (OOHC) face some of the most challenging access to justice issues due to experiences of trauma, increased interactions with the justice system, distrust of government services, high rates of socioeconomic disadvantage and a lack of accessible support services. This article outlines the experience of the Mid North Coast Legal Centre (MNCLC) which, through the LevelUP Project, aimed to bridge this access to justice gap with a shake-up of the traditional legal services model. Through this experience, MNCLC offers some suggestions for legal centres seeking to improve access to justice for this disadvantaged group. Citation: Alternative Law Journal PubDate: 2022-04-22T12:59:27Z DOI: 10.1177/1037969X221088071
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Abstract: Alternative Law Journal, Ahead of Print.
Citation: Alternative Law Journal PubDate: 2022-03-11T12:29:13Z DOI: 10.1177/1037969X221082814
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Authors:Nicole Rogers, Michelle Maloney Abstract: Alternative Law Journal, Ahead of Print. We introduce here a new critical judgments project: the Anthropocene Judgments project. The project is intended to be an interdisciplinary, collaborative, visionary initiative, a collective effort on the part of legal scholars, writers of speculative fiction, literary scholars and climate scientists to anticipate what may lie ahead. Participants will engage in futuristic modelling and write judgments of, and for, the future – constructing innovative pathways of legal reasoning to address the novel, socio-legal and environmental challenges of the Anthropocene. In this article, we develop our ideas for the project, canvass possible directions for future judgment writing and explain the importance of this ambitious endeavour. Citation: Alternative Law Journal PubDate: 2022-01-27T06:33:01Z DOI: 10.1177/1037969X211062306
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First page: 89 Abstract: Alternative Law Journal, Ahead of Print.
Citation: Alternative Law Journal PubDate: 2022-05-23T07:44:39Z DOI: 10.1177/1037969X221103363
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Authors:Alana Moretti First page: 95 Abstract: Alternative Law Journal, Ahead of Print. This article examines sexual harassment as it affects the legal profession, weighing up the efficacy of the legislative provisions in Australia in the Sex Discrimination Act 1984 (Cth) (SDA). The article considers the recommendations for reform made by various reviews in recent years and the 2021 amendments to sexual harassment provisions. Following consideration of the alternate legislative drafting options and analysis of the approach taken in New Zealand, this article concludes that to address the systemic sexual harassment culture in the legal profession, change needs to go beyond the scope anticipated in current legislative amendments. Citation: Alternative Law Journal PubDate: 2022-02-23T09:37:27Z DOI: 10.1177/1037969X211068915
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Authors:Miranda G Stewart First page: 101 Abstract: Alternative Law Journal, Ahead of Print. This article examines one of the recommendations made by the Australian Human Rights Commission’s Respect@Work Report – to amend the Sex Discrimination Act 1984 (Cth) – to implement a positive duty on employers to prevent sexual harassment at work. This article argues that such a duty would not only improve the Act’s effectiveness but could minimise the pervasive problem of sexual harassment in the Australian workforce and achieve a more meaningful state of gender equality. Citation: Alternative Law Journal PubDate: 2022-04-30T07:27:34Z DOI: 10.1177/1037969X221095616
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Authors:Georgia Crocker First page: 107 Abstract: Alternative Law Journal, Ahead of Print. This article examines the impacts of giving pre-recorded evidence on complainants in family violence matters in the Australian Capital Territory (ACT). The use of pre-recorded evidence in the ACT was enabled in 2015 by the Crimes (Domestic and Family Violence) Legislation Amendment Act, which aimed to protect family violence complainants from being further traumatised by this element of the criminal justice process. The author examines this legislation in light of the effects of trauma on short-term memory and concludes the requirement that pre-recorded evidence be given ‘as soon as practicable’ after a family violence incident may be doing complainants more harm than good. Citation: Alternative Law Journal PubDate: 2022-05-10T02:28:57Z DOI: 10.1177/1037969X221097461
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Authors:Katherine Jefferies First page: 112 Abstract: Alternative Law Journal, Ahead of Print. This article considers the legality of employers mandating the COVID-19 vaccination in Australia. A current and pertinent topic of debate, the author explores the multiple avenues an employer may have in order to make the COVID-19 vaccine compulsory and makes comparison to other regularly accepted vaccinations such as the influenza immunisation. Citation: Alternative Law Journal PubDate: 2022-04-30T07:44:19Z DOI: 10.1177/1037969X221095309
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Authors:Rachel Hews, Judith McNamara, Zoe Nay First page: 118 Abstract: Alternative Law Journal, Ahead of Print. The rapidly evolving legal landscape is changing the nature of law and increasing the need for lawyers to acquire new skills and capabilities suited to the future of legal work. Australia’s first dedicated design thinking unit in undergraduate law – Queensland University of Technology’s (QUTs) Law and Design Thinking – teaches students to respond to legal challenges in innovative and creative ways. Three years on, this unit provides a valuable case study that establishes design thinking as an essential addition to traditional legal curricula and one that will ensure graduates are equipped for the future of work. Citation: Alternative Law Journal PubDate: 2022-02-01T09:16:54Z DOI: 10.1177/1037969X211065189
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Authors:Sarah Kendall First page: 124 Abstract: Alternative Law Journal, Ahead of Print. This article considers the impact of Australia’s foreign interference laws on press freedom. It finds that the laws have the potential to criminalise legitimate, good faith journalism, without providing adequate protections for journalists and sources. It makes several recommendations for law reform so that national security is protected without unduly undermining freedom of the press. Citation: Alternative Law Journal PubDate: 2022-04-29T09:34:31Z DOI: 10.1177/1037969X221095915
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Authors:Michael Head First page: 130 Abstract: Alternative Law Journal, Ahead of Print. In recent decades, membership of established parties in parliamentary democracies such as Australia has been in marked decline. This has been accompanied by the regulation of political parties, featuring membership tests for the registration of non-parliamentary parties. This article raises questions about both the legality and democratic credentials of the ‘membership testing process’ applied by the Australian Electoral Commission (AEC). Citation: Alternative Law Journal PubDate: 2022-02-01T04:02:01Z DOI: 10.1177/1037969X211072328
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Authors:Stephen Gray First page: 137 Abstract: Alternative Law Journal, Ahead of Print. This article considers the High Court decision of November 2021 concerning the immunity from criminal prosecution for police contained in the Northern Territory’s Police Administration Act. It then discusses the idiosyncratic way the immunity came into being, and the question of whether it was introduced by accident or design. Thirdly, it considers the desirability of including immunities of this sort in police powers legislation, arguing that criminal immunities of this type have no place in legislation governing the powers and functions of police. Citation: Alternative Law Journal PubDate: 2022-04-30T07:37:57Z DOI: 10.1177/1037969X221092497
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Authors:Fiona McGaughey, Rebecca Faugno, Elise Bant, Holly Cullen First page: 143 Abstract: Alternative Law Journal, Ahead of Print. Public procurement presents opportunities for improved human rights protection, specifically requiring that suppliers of government goods and services respect human rights. We discuss two recent developments: the introduction of the Modern Slavery Act 2018 (Cth) (MSA) which applies to businesses and Commonwealth entities and particularly, recent moves by the Western Australian government to introduce a procurement debarment regime as part of the Procurement Act 2020 (WA). Noting that these are positive developments, we nonetheless identify ways to strengthen both the MSA and the debarment regime. Citation: Alternative Law Journal PubDate: 2022-05-22T02:26:59Z DOI: 10.1177/1037969X221083832
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Authors:Yvette Maker First page: 150 Abstract: Alternative Law Journal, Ahead of Print. This article discusses the recommendations of the Royal Commission into Victoria’s Mental Health System relating to the reduction and elimination of the use of seclusion and restraint. The author focuses on the implications of these recommendations for women. She argues that the Royal Commission’s proposals stand to benefit all mental health consumers but did not address the full range of gender-specific experiences and needs of women. The Andrews government has committed to implementing the Royal Commission’s recommendations, and the author identifies a range of issues that must be attended to in order to ensure these matters are dealt with. Citation: Alternative Law Journal PubDate: 2022-03-29T11:53:03Z DOI: 10.1177/1037969X211072337
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First page: 157 Abstract: Alternative Law Journal, Ahead of Print.
Citation: Alternative Law Journal PubDate: 2022-05-18T06:23:27Z DOI: 10.1177/1037969X221102823
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First page: 158 Abstract: Alternative Law Journal, Ahead of Print.
Citation: Alternative Law Journal PubDate: 2022-05-17T06:25:07Z DOI: 10.1177/1037969X221102824
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First page: 159 Abstract: Alternative Law Journal, Ahead of Print.
Citation: Alternative Law Journal PubDate: 2022-05-19T02:34:45Z DOI: 10.1177/1037969X221102241
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