Melbourne Law School - Research Publications

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    Inhospitable workplaces? International students and paid work in food services:
    Campbell, I ; Boese, M ; Tham, JC (Wiley, 2016-10-01)
    Abstract Most international students in Australia take up paid work during their studies, generally as part‐time employees in low‐wage, low‐skill labour markets. Though little is known about the detail of their work experiences, scattered reports suggest that wages and working conditions are often poor and pose significant issues of social justice. This article examines the characteristics of jobs held by one group of international students, drawing on in‐depth qualitative interviews that form part of a case study of Melbourne's café, restaurant and takeaway food services sector. The evidence indicates that precariousness in employment is widespread in this sector and that it centres on underpayment and non‐payment of wages, in breach of labour regulation. The article suggests that such illegal employer practices are facilitated by use of undeclared casual work. Underpayments are most severe in what are typically regarded as ethnic cafes and restaurants, which concentrate on employment of international students, but they are also widespread in mainstream cafes and restaurants, where international students share precarious work conditions with other workers. The findings underline the case for more concerted research and new policy initiatives.
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    Political Finance Regulation and Reform in New South Wales: Towards a Fairer System?
    Nwokora, Z ; Anderson, M ; Tham, J-C ; Gauja, A ; Mills, S ; Miragliotta, N (WILEY, 2019-03)
    In recent years the regulation of political finance in Australia has moved from systems of laissez‐faire to systems of enhanced regulation, which aim to curb the scale and influence of donations. This article examines political finance regulation in New South Wales — the jurisdiction that has seen the most significant transformation of its regulatory setup — to assess whether and how the new regulations have affected donations to political parties in the state. We find, based on analysis of the pattern of donations before and after the reforms, that the regulations have made the financing system fairer and thus improved the quality of democracy in the state.
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    Less Money, Fewer Donations: The Impact of New South Wales Political Finance Laws on Private Funding of Political Parties
    Anderson, M ; Tham, J-C ; Nwokora, Z ; Gauja, A ; Mills, S ; Miragliotta, N (WILEY, 2018-12)
    Abstract The role of money in politics has been a concern internationally with strong calls for stricter regulation of such funds. In Australia, this has resulted in a shift from laissez‐faire to increased regulation. Yet, there has been little research into the impact of this shift. To address this gap, this article examines the impact of four New South Wales political finance laws enacted from 2008 to 2012, which reflect the emergent regulatory approach. Focusing on the total number and value of political donations made to New South Wales political parties, it assesses the effects of the four Acts individually, as well as their overall impact, to test the assumption of legal effectiveness. It finds strong support for two key expectations resulting from the assumption: first, the raft of legislation will reduce the total number and value of political donations to the parties and second, that the 2010 legislation, which imposed caps on political donations and election spending, and substantially increased public funding, would be the most significant of the four Acts in terms of impact due to its scope and depth.
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    Limitations of a charter of rights in the age of counter-terrorism
    Tham, J-C ; Ewing, KD (MELBOURNE UNIV LAW REVIEW ASSOC, 2007)
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