Suchergebnisse

The forcible removal and detention on reserves of many of Australia's Indigenous people during much of the 20th century was pervasive and, according to Penny Pether, influenced her understandings of indefinite detention in other areas. She was interested in proliferating regimes of indefinite detention used as a technique to govern 'dangerous' populations. In this article, we examine how alcohol management schemes introduced in the 21st century in the Northern Territory, under the guise of welfare, continue the systemic confinement and control of Indigenous lives. The feared population has been reconstituted from one requiring protection as the remnants of a dying race, to one comprising vulnerable and criminogenic alcoholics who need to be detained for their own and others' safety, and so they can be treated. We trace the genealogy of laws enabling the civil commitment of inebriates and addicts to show that in the form taken in the Northern Territory, the law has been aimed at the control and containment of a perceived antisocial population, rather than their treatment. Rather than protecting vulnerable people, the regime relied on techniques of detention and coercive treatment that continued the colonial state's production of their Indigenous 'vulnerability'. We examine this through the lens of the findings of a coronial inquiry into the death of an Indigenous woman in 2014, while detained for treatment and the subsequent evaluation of the Northern Territory's Alcohol Mandatory Treatment Program.

Like other western legal systems, Australian law is based on notions of the rule of law, justice and equality. Legal formalistic ideology would have us believe that as long as the law as it appears 'on the books' is applied equally for all, justice will prevail. For Indigenous Australian people, formal equality means that their claims for land, compensation and the recognition of their culture must be assessed through the eyes of white judges in white courts. Even when those judges strive to apply the law equally, they will inevitably be applying Eurocentric beliefs and values. In two recent significant cases concerning Indigenous claims for their removal from their families as children, those beliefs and values have tended to invalidate not only the legal claims themselves, but also aspects of the Indigenous culture. This article argues that the formal application of legal principles to these claims by Australian courts and judges leads to the exclusion of Indigenous narratives, which ultimately can be construed as evidence of unconscious racism. Charles Lawrence's cultural meaning test is used to critique the reasoning of the judges in two leading Australian cases concerning the 'stolen generation' and to expose the unconscious racism that still exists in the Australian liberal legal system.

Violence is defined by the World Health Organisation as the intentional use of physical force or power, threatened or actual, which either results in or has a high likelihood of resulting in injury, death, or psychological harm. But while physical violence is seen as unacceptable, why is psychological violence still treated as a secondary concern? This timely book challenges the way harm and violence in the workplace have been conceptualised, translated into law and presented in organisational and management discourse. The authors argue that addressing psychological violence warrants a fresh approach that acknowledges the limits of current thinking and that centres on protecting the values of ethical practice and the people who contribute to organisations, productivity, and the community. Psychological Violence in the Workplace challenges the status quo and advocates a new approach for understanding and responding to the problem of victimisation at work. This book will be of interest to academics and practitioners in the fields of criminology, victimology, law, human resource management, and workplace health and safety.

The first comprehensive exploration of a major change in crime control which has seen responsibility no longer primarily with state agencies but shared between a wide range of organizations and individuals. Exactly how third party policing works, practical issues and ethical implications are all integrated with original research and theory

The practice of long-term immigration detention is a relatively recent aspect of Australian Government policy. There has been much debate about the wisdom of such policy, raising concerns regarding the health of detainees, the dereliction of human rights, and the legal robustness of such practice. Despite considerable interest, little detail is available describing who is being held and the reasons for their long-term detention. This paper addresses this noticeable gap through a systematic analysis of the Commonwealth Ombudsman's Immigration Reports over the period 2005 through 2009. From such reporting it has been possible to produce a demographic profile of people held in Australian detention and to develop a taxonomy of the reasons contributing to the ongoing containment.

The practice of long-term immigration detention is a relatively recent aspect of Australian Government policy. There has been much debate about the wisdom of such policy, raising concerns regarding the health of detainees, the dereliction of human rights, and the legal robustness of such practice. Despite considerable interest, little detail is available describing who is being held and the reasons for their long-term detention. This paper addresses this noticeable gap through a systematic analysis of the Commonwealth Ombudsman's Immigration Reports over the period 2005 through 2009. From such reporting it has been possible to produce a demographic profile of people held in Australian detention and to develop a taxonomy of the reasons contributing to the ongoing containment.

Violence in entertainment districts is a major problem across urban landscapes throughout the world. Research shows that licensed premises are the third most common location for homicides and serious assaults, accounting for one in ten fatal and nonfatal assaults. One class of interventions that aims to reduce violence in entertainment districts involves the use of civil remedies: a group of strategies that use civil or regulatory measures as legal "levers" to reduce problem behavior. One specific civil remedy used to reduce problematic behavior in entertainment districts involves manipulation of licensed premise trading hours. This article uses generalized linear models to analyze the impact of lockout legislation on recorded violent offences in two entertainment districts in the Australian state of Queensland. Our research shows that 3 a.m. lockout legislation led to a direct and significant reduction in the number of violent incidents inside licensed premises. Indeed, the lockouts cut the level of violent crime inside licensed premises by half. Despite these impressive results for the control of violence inside licensed premises, we found no evidence that the lockout had any impact on violence on streets and footpaths outside licensed premises that were the site for more than 80 percent of entertainment district violence. Overall, however, our analysis suggests that lockouts are an important mechanism that helps to control the level of violence inside licensed premises but that finely grained contextual responses to alcohol‐related problems are needed rather than one‐size‐fits‐all solutions.

AbstractIncreasingly, governments and police agencies require evidence of effectiveness and efficiency with respect to law enforcement policies. The existing "what works" literature, specifically on drug law enforcement, focuses mainly on the effectiveness question when making complex choices between drug policy alternatives, but fails when it comes to incorporating empirical evidence and the experience of key experts in the decision-making process. In addition, little attempt has been made to employ sophisticated techniques to assist in complex policy decision making with respect to funding competing policing policy alternatives. We use the methamphetamine problem in Australia to illustrate a way of evaluating, using multi-criteria analysis, alternative policy options for developing better drug policy.

The partnership approach consists of police establishing selective and strategic cooperation with organizations and individuals in order to address a public-safety issue. The particular police partnership developed in responding to the methamphetamine problem in Australia consists of police working with community pharmacists in order to reduce the supply of illicitly diverted pseudoephedrine, which is used in the manufacture of methamphetamine. A partnership developed by the Queensland branch of the Pharmacy Guild of Australia and the Queensland Police Service is called Project STOP. The main feature of Project STOP is a real-time, Web-based database for the recording of customer information relevant to the purchase or attempted purchase of pseudoephedrine-based products. This project has gone national under funding from the Federal Government, but with considerable variation among jurisdictions under jurisdictional regulations and legislation. This report concludes that Project STOP works best in an environment where recording and reporting pseudoephedrine sales is mandated by law and where the police agency provides strong and practical support for partnership policing practices. It is also important that consistency be achieved between State and Federal governments in the approach to the control of methamphetamine and the chemicals used in its manufacture. The transfer of good practice in this regard is currently restrained by the differing environments in which Project STOP is implemented. Action should be taken to standardize environments for implementing Project STOP based on shared evaluations of the implementation and operation of Project STOP in various jurisdictions ; Arts, Education and Law ; Full Text