Protection In Australia Research Articles

Complementary Protection in Australia two Years on: An Emerging Human Rights Jurisprudence

Complementary Protection in Australia two Years on: An Emerging Human Rights Jurisprudence

Complementary Protection in Australia two Years on: An Emerging Human Rights Jurisprudence

Since 24 March 2012, asylum seekers whose claims are processed in Australia have been able to claim protection on broader grounds than those contained in the Refugee Convention. This is known as ‘complementary protection’. Complementary protection provides protection to those who face a real risk of arbitrary deprivation of life, the death penalty, torture, or cruel, inhuman or degrading treatment or punishment if removed from Australia. This article provides an in-depth analysis of complementary protection in its first two years of operation in Australia. It examines: (a) the kinds of factual scenarios giving rise to complementary protection; (b) case law developments in relation to the content of, and exceptions to, the complementary protection criteria; and (c) the extent to which Australia's approach reflects international practice.

The Path of Protection in Australia since Federation

This paper traces the path of protection in Australia from the time of federation. It outlines the main facts of the history of industry assistance through tariff assistance and through non-tariff measures. It then examines three developments relating to the measurement of levels of assistance and their economic effects – the development of the concepts of effective protection, computable general equilibrium modelling and the Trade Restrictiveness Index. With these concepts, it re-examines trends in industry assistance in the last 40 years and offers some concluding remarks.

Boys and CSA Prevention: Issues Surrounding Gender and Approaches for Prevention

Abstract: Freda Briggs (2007) a leader in the field of child protection in Australia continues to raise concerns about the vulnerability and victimisation of boys, which she believes is substantially under-recognised. She argues that boys have not been well supported by child sexual abuse (CSA) prevention programs with child protection curriculum not yet having been developed to meet the special needs of boys. She advocates for school-based child protection programs that address issues relevant to boys (Briggs, 2007). This paper responds to these concerns and explores some of the complexities inherent in issues associated with boys and CSA, including boys’ perceptions of abuse, their tendency to under-report the incidence of CSA and their perception that prevention programs are not relevant. The paper also considers some of the barriers to engaging boys in prevention programs effectively and proposes games-based CSA prevention as a contemporary means of delivering key messages that address the needs of both boys and girls.; ;

Child protection and out of home care: Policy, practice, and research connections Australia and New Zealand

This article provides an outline of the early development of care and protection in Australia and New Zealand as a backdrop to an overview of child protection systems and policies and the current child protection profile in both countries. Key issues that have become the focus of policy reform are canvassed and legislative and policy initiatives to promote child safety as well as strengthen families are elaborated. An overview of trends in relation to out of home care, including routes into care, care arrangements and permanency policies is provided. The article profiles selected research studies from Australia focusing on outcomes of care: stability of care, mental health and educational outcomes of looked after children, abuse in care, and routes out of care through reunification and aging out. Other issues treated are the overrepresentation of indigenous children in care systems in both countries and the challenges of maintaining cultural connections. The article concludes with a brief comparative analysis identifying similarities and differences in child welfare systems in both countries.

Reforming Strategic Environmental Assessment

In mid-2012, the Great Barrier Reef ('GBR') World Heritage Area ('WHA') was the subject of a reactive monitoring mission by the World Heritage Committee to consider the state of conservation. This has potential to result in an 'in danger' listing for the GBR WHA if measures including strategic environmental assessment ('SEA') - known in Australia as 'strategic assessment' but elsewhere globally as SEA - are not taken to ensure its protection. Although the Great Barrier Reef SEA has since commenced, the issue as to whether this will now make any difference, or indeed be sufficient to overcome the pressures from industry - in particular in the lead up to a federal election emphasising a deregulation agenda - must however be in considerable doubt. This article examines what SEA is and, as a significant contribution towards it, evaluates future prospects for environmental protection in Australia given a looming deregulation agenda likely after the 2013 federal election.

Australia in Antarctica: realising an ambition

From the mid-1880s, during the movement for Federation, colonial Australians identified Antarctica as a strategic part of Australia’s sphere of concern. Extending Australian control over the region due south of Australia appealed to the colonies and became a national ambition. Nascent Australian nationalism, the protection of Australia’s southern approaches and a determination to be part of the global quest to unlock Antarctic science underpinned the Australian quest for Antarctic territory, and fostered a national community of interest between government, science and the press. Australia’s determination to be the controlling authority over what Douglas Mawson called the Australian quadrant strained the Anglo-Australian relationship during the inter-war years, and paved the way for Australia’s entry into the field of international diplomacy. The literature relating to Australia’s interests and policies with respect to its northern borders is substantial, but little is known about Australia’s thinking with respect to its southern approaches. This paper seeks to address that imbalance by exploring the political and diplomatic dimensions that led to Australia becoming the largest Antarctic claimant state.

Training Social Workers to Effectively Manage Aggressive Parental Behaviour in Child Protection in Australia, the United States and the United Kingdom

Training Social Workers to Effectively Manage Aggressive Parental Behaviour in Child Protection in Australia, the United States and the United Kingdom

Book Reviews: Off Limits: A Parent's Guide to Keeping Kids Safe from Sexual Abuse, Smart Parenting for Safer Kids

Two important books on the topic of child sexual abuse prevention were recently published: Off Limits: A Parent’s Guide to Keeping Kids Safe from Sexual Abuse (Wurtele & Berkower, 2010) and Smart Parenting for Safer Kids (Briggs, 2010). The authors of both books are highly credentialed with long experience researching and writing about child sexual abuse prevention. Sandy Wurtele, PhD, is author of landmark child- and parent-focused sexual abuse prevention programs conducted in the USA over the past 30 years. She has published over 80 journal articles and book chapters on this topic. Her co-author, Feather Berkower, MSW, has been conducting workshops for adults on this topic for 25 years. Freda Briggs, PhD, has over 40 years’ experience in child protection in Australia and has also published numerous scholarly works on the topic. She was the inaugural recipient of the Australian Humanitarian Award in 1998, was Senior Australian of the Year in 2000, and was awarded an Order of Australia in 2005.

Are outcomes matching policy commitments in Australian marine conservation planning?

Abstract Marine protected areas (MPAs) are believed to be an effective means of preserving marine biodiversity. Hence, MPAs have become the cornerstone of many national and international strategies for decelerating the loss of marine biodiversity. Australia has made strong international commitments to increase its coverage of MPAs through the principles of systematic conservation planning and, in the last 10 years, has rapidly expanded its MPA coverage using these principles. This paper assesses Australia's progress in achieving a key principle of systematic conservation planning—representation—which states that MPAs will include the full range of marine ecosystems. Australia's progress in achieving representation is measured nationally and within seven extensive commonwealth marine regions: the Great Barrier Reef Marine Park (rezoned in 2004), the South East Marine Regional Plan (2007), and the South West, North West, North, Temperate East and Coral Sea proposed plans (2011). State marine waters (within 3 nautical miles of the coast) are not considered. Results illustrate that, if the proposed marine plans are followed verbatim, Australia will protect just over 36% of its marine jurisdiction in MPAs and over 13% in “no-take” marine reserves. However, except for MPAs in the Great Barrier Reef, and the proposal for the Coral Sea marine park, the existing and proposed MPAs are far from representative. Importantly, only a small portion of the highest protection occurs on the continental shelf where activities potentially harmful to marine biodiversity are concentrated. Despite having a strong and long-standing commitment to the principles of systematic conservation planning, Australia is not achieving the fundamental requirement of representation across most of its marine jurisdiction. We conclude that a failure to set quantitative targets is restricting the achievement of representative marine protection in Australia. Consequently, the 2004 rezoning of the Great Barrier Reef remains a model to emulate, not only in other countries, but in other parts of Australia's marine waters.

Irregular Maritime Migration and the Pacific Solution Mark II: Back to the Future for Refugee Law and Policy in Australia?

Following a rise in the number of irregular maritime arrivals seeking refugee protection in Australia, and two successful legal challenges to their refugee processing policies, the Labor Government has resuscitated notorious aspects of the ‘Pacific Solution’ as part of a ‘no advantage’ policy. This strategy seeks to deter ‘irregular’ asylum seekers by treating them no more favourably than refugees seeking protection from overseas awaiting entry to Australia through regular refugee/humanitarian channels. In furtherance of this ‘no advantage’ policy, extra-territorial processing on Nauru and Papua New Guinea has been re-introduced and ‘excision’ provisions are to be extended to mainland Australia placing the continent outside of its ‘migration zone’ and, therefore, asylum seekers beyond the regular laws and processes for protection seekers. This article analyses the seismic shifts in asylum seeker policy that have occurred in Australia over the recent past and the politics underpinning them.

Children's cyber-safety and protection in Australia: An analysis of community stakeholder views

Protecting children from the risks posed by negative influences in the online environment (that is, cyber-safety) is a growing concern within the Australian community. In this study, the views of 151 individuals and community stakeholder organizations, which represent the interests of children's cyber-safety in Australia, were analysed using content coding and analysis techniques. The analysis suggests that, given the accessibility of the online environment, stakeholders may need to exercise structured controls for child safety. In examining the major cyber threats and responses identified by the stakeholders, the study found that cyber-safety education and awareness programs are considered to represent the main effective and viable threat response. In addition, the research uncovered cyber bullying as a ‘whole of community’ problem that might be addressed through robust bullying prevention policies and programs, and improved resources and training for teachers, school principals and parents. The study notes that current policy directions for children's cyber-safety will need to flow through to every layer of the community.

Bunnies, Bilbies, and the Ethic of Ecological Remembrance

Bunnies, Bilbies, and the Ethic of Ecological Remembrance

The Evolution of Shareholder and Creditor Protection in Australia: An International Comparison

This study is part of a larger international investigation of the effects of a country's legal origins on the style of business regulation. We employ an innovative 'leximetric' methodology to numerically code the protective strength of Australian corporate law for both shareholder and creditor protection for the period 1970 to 2010. This leximetric methodology has been used in a prominent international debate concerning the development of legal rules and the effects of different styles of regulation on a range of economic outcomes - the legal origins debate. Drawing on similar data compiled by Armour, Deakin, Lele and Siems in five other countries (France, Germany, India, the UK and the US), we compare changes in the level of protection afforded to Australian shareholders and creditors with developments in other countries. Our analysis finds that in Australia there was a sustained upward trend in shareholder protection, but not in the case of creditor protection. Compared to the five other countries, the level of protection afforded to shareholders under Australian law was relatively high and this was also the case for the level of protection afforded to creditors.We also examine the extent of convergence and divergence in shareholder and creditor protection among the countries in the study. We find persistent divergence in shareholder protection, with the extent of divergence in 2005 similar to that in 1970. For creditor protection, we find increasing divergence among the countries over the period of study. Our findings are not supportive of legal origins theory.

Protection of Australia in the Cyber Age

Australia has developed sophisticated national security policies and physical security agencies to protect against current and future security threats associated with critical infrastructure protection and cyber warfare protection. In this paper, the authors examine some common security risks that face Australia and how government policies and strategies have been developed and changed over time, for example, the proposed Australian Homeland Security department. This paper discusses the different steps that Australia has undertaken in relation to developing national policies to deal with critical infrastructure protection.

The Value of Built Heritage: Community, Economy and Environment

Heritage protection in Australia was initiated by community groups such as the National Trust before the legislatures at each tier of government established the statutory controls now evident. Professional bodies in the built environment arena have also generated international guidelines in recent times with the adoption of standardised approaches to valuation and management practices for heritage property attesting to the acknowledgement of their special value and the recognition of characteristics common to diverse cultures.The objective of this paper is to review elements of our perceptions of heritage reflecting value which incorporate yet transcend the merely economic. It identifies the framework of heritage management in Australia and considers the many meanings of the relevant terminology. The traditional view is then extended to consider the potential environmental benefits of heritage conservation, contributing a contemporary commentary to some economic, social and professional concerns and reflects upon the challenges of the journey yet to come.

Research on stored product protection in Australia: a review of past, present and future directions.

Since its beginning, research into the protection of stored grain in Australia has been driven by market access, in particular, the need to provide insect free grain to overseas customers. Research began in 1917 when a bumper harvest coincided with disruption of shipping due the First World War and resulted in the unprecedented accumulation of wheat stocks, which were subject to catastrophic attack by ‘weevil plagues’. Initial experiments were of insect life cycles and reproductive rate. This was followed by trials of heat and mechanical disinfestation and fumigation, and preventative methods such as admixture or surface treatment with lime, sand or mineral dusts, and hermetic storage. These technologies continued to be developed into the 1950s along with aeration cooling. In addition, ground-breaking research on mathematical descriptions of grain beetle life tables was published. The admixture of malathion to bulk grain in the 1960s allowed, for the first time, the export of insect-free grain. However, in less than ten years, resistance in target pests had become so serious that alternatives were desperately required. In response, research began on the development of new grain protectants and alternatives such as controlled atmospheres, manipulation of grain temperature, new ways of using phosphine and the development of new fumigants. Since the mid-1990s, pest management has become dependent on use of phosphine and maintaining susceptibility to this chemical has become a priority. The greatest problem now facing the Australian grain industry is resistance to phosphine fumigant in target insect pests. Our current short-term priority is the control of phosphine resistance outbreaks, while our more strategic research is aimed at gaining a fundamental understanding of fumigant behaviour in grain storages, the movement and colonisation of grain by insect pests and the mechanisms of selection in insect populations – information that will underpin the development of long-term resistance management. Keywords : research industry collaboration, phosphine resistance, non-chemical technology, insect ecology, controlled atmosphere

Voices in the Human Rights Dialogue

Framework for human rights protection in Australia - report of the National Human Rights Consultation Committee - the role of resolution of human rights complaints in the enforcement of human rights - use of alternative dispute resolution (ADR) - current role of the Australian Human Rights Commission (AHRC) - future role as an advocator and crusader for victims of human rights abuses - need for recognition and protection of the special status of the AHRC.

Beyond the legalese and rhetoric: improving human rights protection in Australia

The National Human Rights Consultation recently conducted in Australia and culminating in the government's new Human Rights Framework engaged a remarkable number of Australians on the question of how to better protect human rights, short of modifying the Constitution. However, the debate was frequently dominated by polemical views (often waged among lawyers) in which rhetoric and legalese flourished. Pro-rights groups almost universally supported the adoption of a Human Rights Act based on the so-called dialogue model, represented in statutes adopted in the United Kingdom, Victoria and the Australian Capital Territory. This article examines that preferred model — as supported by the report of the Consultative Committee, but ultimately not adopted by government — within the context of the Australian constitutional framework. It concludes that, although it is capable of working well at the state and territory levels in Australia, the model (at least in its present form) sits uneasily within Australia's federal constitutional context. While charter proponents have been at pains to assert the constitutional validity of the dialogue model, validity alone is not the only concern; the legitimacy of the High Court is also potentially weakened through the conferral of a remedial power incompatible with the court's role in conducting judicial review. Consequently, calls for a dialogue model charter at the federal level, containing the declaration of incompatibility as its centerpiece, are rejected. Instead, two alternative reform options are presented: the first involving a variation of the preferred dialogue model; the other involving a suite of alternative reforms similar to, but more far-reaching than, those recommended by the Brennan Committee. With Australia's Human Rights Framework set to be reviewed in 2014 (Commonwealth of Australia 2010, 3), such proposals remain relevant to the ongoing discussion that is set to continue over the coming years.

Family Protection and Deportations or Removals

Abstract Deportations or removals of persons, who have spent a certain period in Australia have tremendous impacts and consequences on their lives and most likely on the ones of their families as well. Therefore it is worth assessing how significant family related aspects are taken in the administrative decision-making process concerning deportations or removals. The essay starts with a description of the domestic legal framework, to evaluate conditions under which such measures are legitimate. An overview on family protection in Australia presents the different sources of human rights together with its content and scope. More specifically the notion of family life for the assessment of the legality of deportations or removals is scrutinised by examining the compliance with international treaty obligations as well as the significance of citizenship. Finally, two relevant Directions (D) of the Minister for Immigration and Citizenship are assessed in the context of sufficient safeguards for family life.