Melbourne Law School - Research Publications

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    Exploring separated fathers' understandings and experiences of 'home' and homemaking
    Campo, M ; Fehlberg, B ; Natalier, K ; Smyth, BM (ROUTLEDGE JOURNALS, TAYLOR & FRANCIS LTD, 2021-07-03)
    This paper considers fathers’ understandings and experiences of home after relationship separation–an issue that has received little research attention to date–through interviews with four separated fathers conducted as part of a larger qualitative study. Key themes to emerge were: the significance attached by participant fathers to home and homemaking through their focus on everyday interactions; the concern that their home might be viewed by children as secondary; and a sense of the vulnerability and transience of home arising from their children’s presence and absence. Viewed overall, the fathers in this study conveyed their determination to offer their children a loving, stable, and secure home life as a fundamental dimension of their commitment to post-separation fathering while also describing key challenges they experienced in doing so.
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    The meaning of home for children and parents after parental separation: Recent insights from a qualitative study
    Fehlberg, B ; Campo, M ; Smyth, B ; Natalier, K (LexisNexis Australia, 2021)
    In this article, we draw on our recent study on the meaning of home for children and young people in separated families to offer some insights of relevance to Australian post-separation parenting law and practice. We identify the centrality of relationships, safety, and economic resources in shaping home. Our project findings convey the importance of listening to what children and young people — and their parents — say about home and homemaking after parental separation as a way of shedding light on what is most needed to support their adjustment and encouraging greater child focus when parenting arrangements are made.
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    Internal audit stigma impairs internal audit outcomes
    Eulerich, M ; Kremin, J ; Saunders, KK ; Wood, DA (Virtus Interpress, 2021)
    Prior research finds that the internal audit function (IAF) plays a critical role in organizations, yet there is still a stigma toward the profession. We examine how this stigma affects internal audit outcomes, using three different data sources: survey results from parts of Europe (113 observations) and the United States (124 observations) for the year 2017 and an experiment (65 observations) in 2018. We find that when internal auditors in parts of Europe and the U.S. believe there is a negative stigma about internal auditing, they report negative work outcomes, including less ability to add value, less influence in the organization, more resistance to implementing their recommendations, and more pressure to change audit findings. Our experimental results confirm the survey findings and provide further evidence that negative stigma causes participants to perceive less value in internal audit reports and that internal audit recommendations are less influential in decision-making. Taken together, the results suggest that negative perceptions of internal audit have a significant impact on the profession
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    From Fair Dealing to User-Generated Content: Legal La La Land in Hong Kong
    Lee, A ; Clift, B ; Balganesh, S ; Ng-Loy, WL ; Sun, H (Cambridge University Press, 2021)
    In March 2016, the Hong Kong government abandoned its latest attempt to reform copyright law for the digital era. Notwithstanding strong support from the business sector, opposition to the Copyright (Amendment) Bill 2014 had become a crusade for civil rights activists and Internet user interest groups, who protested it online and outside the legislature, and also for prodemocracy lawmakers, who filibustered tirelessly until the bill’s demise. Had the bill become law, copyright users would have gained new fair dealing exceptions covering parody, satire, caricature, pastiche, comments on current events, and quotation – provisions and protections they had requested when the predecessor Copyright (Amendment) Bill 2011 was rejected – along with greater clarity on various technology-related matters. Instead, Hong Kong retains a limited and dated range of exceptions in the areas of education, journalism, and public administration.
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    COVID-19 and the Australian labour market: how did older Australians fare during 2020?
    Fry, J ; Temple, J ; McDonald, P ; Blackham, A (Australian Population Studies, 2021)
    Background   In analysing the effects of the COVID-19 pandemic on the labour market, attention has focussed on younger people, leaving a research gap when it comes to outcomes for older Australians aged 50 years or over, in terms of employment, unemployment, underemployment and hours worked. Aims   To describe levels of labour force participation, unemployment, underemployment, and hours worked by older workers and job seekers during 2020. Data and methods   Using Australian Bureau of Statistics data, we perform descriptive analyses of variations in labour market outcomes by geographic areas, public and private sector employment, industry of employment and demographic characteristics. Results   Older employment fell in April but recovered by December. As the full-time share initially increased, average hours worked decreased due to reductions in hours offered to workers, increasing the underemployment rate. There was little recovery of employment in metropolitan Melbourne due to prolonged lockdown conditions. Of the largest industries, retail trade and manufacturing were worst affected.
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    Surveillance punitivism: Colonialism, racism, and state terrorism in Spain
    Jiménez, A ; Cancelav, E (Queen's University Library, 2021-09-22)
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    A systematic global stocktake of evidence on human adaptation to climate change
    Berrang-Ford, L ; Siders, AR ; Lesnikowski, A ; Fischer, AP ; Callaghan, MW ; Haddaway, NR ; Mach, KJ ; Araos, M ; Shah, MAR ; Wannewitz, M ; Doshi, D ; Leiter, T ; Matavel, C ; Musah-Surugu, JI ; Wong-Parodi, G ; Antwi-Agyei, P ; Ajibade, I ; Chauhan, N ; Kakenmaster, W ; Grady, C ; Chalastani, V ; Jagannathan, K ; Galappaththi, EK ; Sitati, A ; Scarpa, G ; Totin, E ; Davis, K ; Hamilton, NC ; Kirchhoff, CJ ; Kumar, P ; Pentz, B ; Simpson, NP ; Theokritoff, E ; Deryng, D ; Reckien, D ; Zavaleta-Cortijo, C ; Ulibarri, N ; Segnon, AC ; Khavhagali, V ; Shang, Y ; Zvobgo, L ; Zommers, Z ; Xu, J ; Williams, PA ; Canosa, IV ; van Maanen, N ; van Bavel, B ; van Aalst, M ; Turek-Hankins, LL ; Trivedi, H ; Trisos, CH ; Thomas, A ; Thakur, S ; Templeman, S ; Stringer, LC ; Sotnik, G ; Sjostrom, KD ; Singh, C ; Sina, MZ ; Shukla, R ; Sardans, J ; Salubi, EA ; Chalkasra, LSS ; Ruiz-Diaz, R ; Richards, C ; Pokharel, P ; Petzold, J ; Penuelas, J ; Avila, JP ; Murillo, JBP ; Ouni, S ; Niemann, J ; Nielsen, M ; New, M ; Schwerdtle, PN ; Alverio, GN ; Mullin, CA ; Mullenite, J ; Mosurska, A ; Morecroft, MD ; Minx, JC ; Maskell, G ; Nunbogu, AM ; Magnan, AK ; Lwasa, S ; Lukas-Sithole, M ; Lissner, T ; Lilford, O ; Koller, SF ; Jurjonas, M ; Joe, ET ; Huynh, LTM ; Hill, A ; Hernandez, RR ; Hegde, G ; Hawxwell, T ; Harper, S ; Harden, A ; Haasnoot, M ; Gilmore, EA ; Gichuki, L ; Gatt, A ; Garschagen, M ; Ford, JD ; Forbes, A ; Farrell, AD ; Enquist, CAF ; Elliott, S ; Duncan, E ; de Perez, EC ; Coggins, S ; Chen, T ; Campbell, D ; Browne, KE ; Bowen, KJ ; Biesbroek, R ; Bhatt, ID ; Kerr, RB ; Barr, SL ; Baker, E ; Austin, SE ; Arotoma-Rojas, I ; Anderson, C ; Ajaz, W ; Agrawal, T ; Abu, TZ (NATURE PORTFOLIO, 2021-10-28)
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    Coal transitions-part 1: a systematic map and review of case study learnings from regional, national, and local coal phase-out experiences
    Diluiso, F ; Walk, P ; Manych, N ; Cerutti, N ; Chipiga, V ; Workman, A ; Ayas, C ; Cui, RY ; Cui, D ; Song, K ; Banisch, LA ; Moretti, N ; Callaghan, MW ; Clarke, L ; Creutzig, F ; Hilaire, J ; Jotzo, F ; Kalkuhl, M ; Lamb, WF ; Loeschel, A ; Mueller-Hansen, F ; Nemet, GF ; Oei, P-Y ; Sovacool, BK ; Steckel, JC ; Thomas, S ; Wiseman, J ; Minx, JC (IOP Publishing Ltd, 2021-11-01)
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    Guarantor Institutions
    Khaitan, T (Cambridge University Press, 2021)
    The last few decades have seen a proliferation of constitutional institutions, especially in the Global South, that do not neatly fit within any of three traditional branches of the state. These supposedly 'fourth branch' institutions may include electoral commissions, human rights commissions, central banks, probity bodies such as anti-corruption watchdogs, knowledge institutions such as statistics bureaus and census boards, information commissioners, auditors general, attorneys general and so on. In this paper, I will argue that some of these new institutions are best understood as "guarantor institutions". I will show that in a given political context, a guarantor institution is a tailor-made constitutional institution, vested with material as well as expressive capacities, whose function is to provide a credible and enduring guarantee to a specific non-self-enforcing constitutional norm (or any aspect thereof). Section I explains why polities need credible and enduring guarantees for specific norms, and claims that the expertise, independence, and accountability of guarantor institutions are likely to be key ingredients that determine their effectiveness in serving that purpose. It also argues that constitutional entrenchment of the guarantor institution is entailed in the independence requirement. Section II shows that in order to credibly and enduringly guarantee a norm, certain primary and secondary duties need to be discharged by relevant actors in relation to the norm's content as well as its impact. It further argues that while some of these duties may be performed by institutions that possess expressive capacity alone (roughly, the capacity to speak, express, communicate), others require material capacity (i.e. the physical capacity to effect material changes in the world). Guarantor institutions, unlike integrity institutions, can shoulder primary as well as secondary duties. Furthermore, they are typically vested with expressive as well as material capacities, which is key to their classification-defying hybridity. Section III argues that guarantor institutions are constitutionalised in two respects: the norm they seek to guarantee is constitutional, and the institution itself has constitutional status. What matters for a norm or institution to be constitutional is that it is entrenched, i.e. protected from change from the ordinary political and legal processes of the polity to some extent. It is their doubly constitutional character that distinguishes guarantor institutions from ordinary regulators. Section IV explains how some constitutional norms are non-self-enforcing, in the sense that powerful actors are likely to have the will as well as the capacity to frustrate or erase them. It also shows that the three traditional branches, whether acting severally or jointly, cannot provide a credible and enduring guarantee to all non-self-enforcing constitutional norms. Hence the need for constitutional guarantor institutions. Section V highlights that guarantor institutions are typically tailor-made to guarantee specific constitutional norms. Their specificity has important consequences for their internal design and their mode of functioning, which distinguish them from key institutions in the three traditional generalist branches. Section VI concludes. Attention to guarantor institutions by constitutional scholars may help the discipline escape its blinkered worldview, which sees judicial review as the only game in constitution-town.
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    GUEST EDITORIAL Introduction to the Special Issue Using Transparency to Achieve Equality
    Allen, D ; Blackham, A (La Trobe University, 2021-09-09)
    This Guest Editorial introduces a Special Issue of Law in Context which considers how the collection of large-scale data by government entities and organisations might advance the equality agenda across diverse areas of public life, and how best to manage the risks of this emerging strategy. Drawing on interdisciplinary perspectives and the insights of policymakers, the articles and comments listed below seek to develop new principles to guide government and organisational activity in this novel endeavour.