Melbourne Law School - Research Publications
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Frustratingly Unclear? The Interplay Between Common Law, Statute and the ACL in Assessing Consumer Rights in a Time of Crisis
(Thomson Reuters, 2020)
The spread of COVID-19 and subsequent government regulation have substantially impacted service-providing industries. State and federal regulations concerning social gatherings and travel have, in many instances, rendered performance of contracts illegal, economically unworkable or futile. This article considers the remedies available to consumers for service contracts affected by the COVID-19 crisis, with a particular focus on the response of the airlines, and the commonly offered option of credit vouchers. In these unprecedented circumstances, it examines the complex interaction of contract law, including the doctrine of frustration and accompanying statutory incursions on remedy, and consumer rights under the Australian Consumer Law. The article calls for a consistent approach by service providers and the Australian Competition and Consumer Commission that gives consumers a consistent and fair remedy, without the need to resort to the labyrinthine interplay of common law and statute.
The accountability of members of Australia's federal parliament for misconduct
(Informa UK Limited, 2013-09-01)
Does removing default retirement ages benefit individuals? A comparative empirical case study of the university sector
(SAGE Publications, 2021)
In 2011, the UK government abolished the national default retirement age. While this could support extended working lives and promote individual choice, it could also be a neoliberal ‘ploy’ to individualise the risks of old age. The question, then, is what impact does the removal of mandatory retirement have in practice: does it help to promote individual choice and autonomy? Or does it simply lead to work intensification and the individualisation of the risks of demographic change? Or both, perhaps simultaneously?
Drawing on original qualitative and quantitative empirical data from UK and USA universities, this article considers the impact of removing mandatory retirement ages on individual workers in higher education. It argues that legal reform may have promoted or encouraged work intensification in universities, including through an increased focus and use of performance management. Thus, in practice, the consequences of removing retirement ages for individuals are mixed.
The challenge of regulating doping and non-doping 'performance-enhancing strategies' in elite sports
(Springer, 2021)
From the use of polyurethane swimsuits to carbon fibre-plated shoes for road racing, the term ‘techno-doping’ has been commonly used in categorising the use of technology as ‘strategies’ for performance enhancement in sports. There are various types of ‘strategies’ which are regularly (and increasingly) used by athletes to enhance their performance, especially in elite sports, such as the use of actual substances, methods of administering substances, and other modes of ‘strategies’ which have the effect of enhancing the performance of the athletes.
However, it is curious that at present, only few ‘Performance-Enhancing Strategies’ (‘PESs’) are regulated, such as the use of Performance-Enhancing Drugs and methods (‘PEDs’) under the World Anti-Doping Agency (‘WADA’) Code. There are other PESs which are wholly unregulated, such as the use of nutrition and haematology, environmental factors, physiology testing opportunities, and sports equipment and technology [hereinafter known as Non-Doping Performance-Enhancing Strategies (‘NDPESs’)]. This paper discusses the unequal treatment between the regulation of PEDs and NDPESs in elite sports, and will conclude that steps ought to be taken in order to harmonise the treatment and regulation of all PESs in elite sports.
Investigation and Legal Report on Players’ Health and Safety (Lightning Events)
(Professional Footballers Australia, 2019-10-04)
The objective of the Professional Footballers Australia Investigation and Legal Report on Players’ Health and Safety (Lightning Events) (this “Report”) is three-fold: (1) To understand the current legal and policy framework on players’ health and safety for lightning events; (2) To recognise the issues and gaps in the current legal and policy framework on players’ health and safety for lightning events at the international and regional level; (3) To propose recommendations to effect positive changes to safeguard the players’ health and safety for lightning events.
To what extent does the Paralympic Games promote the integration of disabled persons into society?
(Springer, 2020-02-27)
Every four years, the Paralympic Games (both the Summer and Winter editions) showcase the sporting performances of disabled persons. The Paralympic Movement has strived to promote the inclusion of disabled persons into society through sports, but the endeavours of the Paralympic Games are limited due to various features of the said Games, from the limitations of disability classification at the Paralympic Games, the increasing prominence of technology in disability sports, to the inapt media portrayal and ‘supercrip’ campaigning at the Paralympic Games. The Paralympic Games, as a separate sporting event from the Olympic Games, also exacerbate and reinforce the medical perception of disabilities in society.
This paper discusses the extent to which the Paralympic Games has promoted the inclusion of disabled persons into society through sports, in light of the human rights framework found in the Convention of the Rights of Persons with Disabilities and other core international human rights treaties. This paper will conclude that while the Paralympic Games is limited in its endeavours, the said Games does promote sports for disabled persons as an ideal and an endeavour as an elite sport for disabled person, as part of the Paralympic Movement, as well as espouse the enjoyment of fundamental rights and freedom for disabled persons in society. This paper will also proffer recommendations which can be embarked upon to promote better inclusion of disabled persons into society through the Paralympic Games.
Sham arrangements and the use of labour hire in the building and construction industry: Discussion paper prepared by the Australian Building and Construction Commissioner
(The Centre for Employment and Labour Relations Law, Melbourne Law School, 2011)
Submission by the Centre for Employment and Labour Relations Law to the Australian Building and Construction Commission Inquiry into Sham Contracting
Submission by the Centre for Employment and Labour Relations Law to the Independent Inquiry into Insecure Work in Australia
(The Centre for Employment and Labour Relations Law, Melbourne Law School, 2012)
Submission by the Centre for Employment and Labour Relations Law to the Independent Inquiry into Insecure Work in Australia
Submission to the Fair Work Act Review
(Centre for Employment and Labour Relations Law, Melbourne Law School, 2012)
Response to the Draft Report of the Productivity Commission: Submission to the Productivity Commission Inquiry into the Workplace Relations Framework
(The Centre for Employment and Labour Relations Law, Melbourne Law School, 2015)
Response to the Draft Report of the Productivity Commission Inquiry into the Workplace Relations Framework
Senate Inquiry: The Impact of Australia’s Temporary Work Visa Programs on the Australian Labour Market and on the Temporary Work Visa Holders
(The Centre for Employment and Labour Relations Law, Melbourne Law School, 2015)
Submission to the Senate Inquiry into the Impact of Australia’s Temporary Work Visa Programs on the Australian Labour Market and on the Temporary Work Visa Holders
Submission to the Victorian Inquiry into the Labour Hire Industry and Insecure Work
(The Centre for Employment and Labour Relations Law, Melbourne Law School, 2015)
Submission to the Victorian Inquiry into the Labour Hire Industry and Insecure Work