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Children's competitive sport in Australia poses barriers for children with disabilities. Sporting structures generally do not provide opportunities for children with disabilities to compete in a manner that is meaningful and fair to them, and generally not with the mainstream competitions. Such treatment may be discriminatory, either wrongfully or unlawfully so. Using Australia's Little Athletics as a case study, this paper uses systems thinking to holistically map the influences on a child with disability's experiences in a sporting contest, to identify how the socially constructed environment affects structures and rules and how the law might shape those. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this paper is to present the results of a scoping review on the implementation of Article12 in health care. The scoping review will provide a summary and overview of the key concepts and published literature on this topic internationally. Article 12 of the United Nations Convention on the Rights of the Child (1989) states that children have a right to express their views, to have them heard and for their views to be given due weight in all matters that affect them. Despite increased calls for Article 12 to be given attention in health care, there is little evidence to suggest this has been well implemented and embedded in Australian health-care delivery. The scoping review was undertaken to provide a summary and overview of the key concepts and published literature on this topic internationally. Design/methodology/approach: A five-step methodological framework described by Arksey and O'Malley (2005) was used to undertake the scoping review. Preferred Reporting Items for Systematic Reviews and Meta-Analysis was used as a guideline for undertaking the study selection. Findings: Children are still not routinely involved in health-care decision-making, are frequently left out of service planning and evaluation and the perception that they lack the capability to make rational decisions persists. Originality/value: While there has been a focus on research that investigates children's participation in health-care decision-making in recent years, there is little that directs attention specifically to the implementation of Article 12, particularly in Australian health care. Recommendations are made for further research in these areas. [ABSTRACT FROM AUTHOR]

The Australian 2019 Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act requires online intermediaries, including social media services and digital platform providers, to take steps to remove abhorrent violent material that is accessible in Australia. While the Act represents a significant landmark in internet governance, it is questionable whether it appropriately aligns the need to remove violent material with the need to support legitimate socially-beneficial online speech. In this context, this paper critically analyzes the operation of the Act, considering whether and to what extent compliance with the Act may lead to the over-removal of socially-beneficial and lawful speech on social media. Beyond Australian law, this paper considers the broader discourse of international law in this important and evolving area of law. [ABSTRACT FROM AUTHOR]

Healthy ageing refers to the development and maintenance of the functional ability of ageing individuals. Aged care nurses provide nursing care to elderly individuals and usually work in aged care residential facilities, nursing homes, home care services, and/or hospital departments. The registered nurse working in the aged care sector has several important roles. Key roles cover both therapeutic and preventative paradigms, as discussed in this paper. The aged care nurse is also "tasked with" holistic patient-centred care and the promotion of healthy ageing via advocacy and sociocultural roles. This paper examined, described, and analysed the multifaceted role of an aged care nurse from an Australian perspective. We conducted meticulous searches using PubMed, Google Scholar, government guidelines, authoritative body regulations, quality control guidelines, and government portals pertaining to aged care nursing in Australia. This paper relied upon the information garnered from publications, reports, and guidelines resulting from these searches and analyses. Multiple aspects of healthy ageing and holistic aged care nursing are discussed. The key roles of the aged care nurse are enumerated next, in accordance with the code of conduct from the Nursing and Midwifery Board of Australia (NMBA). The NMBA promotes evidence-based, culturally sensitive, consultative, holistic aged care clinical practice that includes input from care recipients, their decision makers, and/or their health care providers. The difficult issue of loneliness is discussed with strategies to ameliorate aspects of this. Good social networks, community interactions, meaningful friendships, and participation in personalised spiritual/religious practices improve the quality of aged care. The key topic of elder abuse and its forms are discussed apropos of aged care nursing. Healthy ageing is promoted by identifying and reporting elder abuse at the earliest. Current Australian law and recent federal legislation changes pertaining to aged care nursing are discussed next. As a result of these legislation changes, several new quality control imperatives (for aged care organisations/facilities) under the Aged Care Quality and Safety Commission (ACQSC) have been implemented. Residential and flexible aged care providers should now have robust ongoing documentation and a well-developed behaviour support plan (BSP) for each care recipient who currently requires or may require restrictive practices, which must be reported under the new serious incident reporting scheme (SIRS). Various strategies to promote healthy ageing and approaches to communicate effectively with aged care recipients are also discussed. Healthy ageing is promoted when age care recipients are empowered with making their own autonomous choices in "major and minor" aspects of life. Finally, approaches to optimise quality aged care nursing care are discussed. The Roper–Logan–Tierney model is one of the models used to assess and optimise nursing care. This is premised on the capability of an ageing individual to accomplish 12 basic activities of daily living. [ABSTRACT FROM AUTHOR]

The registered nurse has crucial preventative, therapeutic, sociocultural, and advocacy roles in promoting quality holistic patient-centred palliative care. This paper examines, describes, and analyses this multifaceted role from an antipodean perspective. We conducted systematic searches using PubMed, Google Scholar, government guidelines, authoritative body regulations, quality control guidelines, and government portals pertaining to palliative care nursing in Australia. This paper relies upon the information garnered from publications, reports, and guidelines resulting from these searches and analyses. The fundamental principles and guiding values of palliative care (and nursing) and the raison d'etre for palliative care as a discipline are underscored and expanded on. Australian Clinical Practice Guidelines (CPGs) pertaining to palliative end-of-life (EOL) nursing care and associated services are discussed. The relevant NMBA nursing standards that RNs need to have to administer opioids/narcotics in palliative care are summarised. The identification of patients who need EOL care, holistic person-centred care planning for them, and consultative multidisciplinary palliative clinical decision making are discussed in the palliative care context. Several components of advance care planning apropos health deterioration and conflicts are discussed. Several aspects of EOL care, especially palliative nursing care, are analysed using research evidence, established nursing and palliative care standards, and the Australian EOL CPGs. [ABSTRACT FROM AUTHOR]

Objective: Governments use vaccination mandates, of different degrees of coerciveness, to encourage or require childhood vaccination. We elicited the views of well‐informed community members on the public acceptability of using childhood vaccination mandates in Australia. Methods: Four community juries were conducted in Canberra, Launceston, Cairns and Melbourne, Australia between 2021 and 2022. We recruited 51 participants from diverse backgrounds, genders and ages through random digit dialling and social media. Two juries were held in metropolitan areas, and two in regional/rural settings. Outcome measures included jury verdicts and reasons in response to structured questions. Results: All juries were concerned about collective protection and individual rights but prioritised the former over the latter. A majority in all juries supported mandates but juries disagreed with respect to the appropriate mandate types. All juries endorsed using the least restrictive or coercive means to encourage vaccination (providing incentives or education, e.g.) before imposing penalties such as financial losses and school exclusions. The overriding view was that it is fairer to place a direct burden on parents rather than children and that mandates should be designed to avoid inequitable impacts on less advantaged groups in society. Many jurors found conscientious objection acceptable as a controlled option for resolute refusers, provided that overall vaccination coverage remains high. Conclusion: This paper gives policymakers access to the reasons that Australians have for supporting or opposing different mandates under conditions of high knowledge, understanding and deliberation regarding policy options. Sustaining high rates of vaccination requires high levels of co‐operation between governments, public health actors and the public. Our findings highlight the importance of considering public values in the design and implementation of vaccination mandates. Patient and Public Involvement: We sought input from individuals who did and did not vaccinate during the study design. The views and perspectives of nonvaccinating parents were presented in the evidence to juries. We deliberately excluded nonvaccinating individuals from participating, as the divisive and often hostile nature of the topic, and their minority status, made it difficult to ensure they would feel safe as members of the jury without overrepresenting their perspective in the sample. Two related projects engaged directly with these parents. [ABSTRACT FROM AUTHOR]

Academic scholarship analyses how citizenship law reforms such as longer residency requirements and tougher language tests reinforce culturally exclusionary national narratives. Citizenship ceremonies however, have largely escaped scholarly attention. Drawing on Australia as a case study, this article addresses that gap. After examining how Australian citizenship is performed at ceremonies, this article argues that although the government states that citizenship ceremonies should welcome new citizens, deep suspicions about the cultural diversity of migrants are also conveyed. This paper contributes to an understanding of how citizenship ceremonies reinforce culturally exclusionary national narratives, even where the legal criteria for acquiring citizenship status is non-discriminatory. This paper also illustrates how citizenship ceremonies are important sites for the construction and communication of legal identities. [ABSTRACT FROM AUTHOR]

The Australian and Indian legal systems share much in common given their shared colonial history. However, despite the similarities, both jurisdictions have adopted vastly different approaches in protecting their people under the auspices of constitutional guarantees and the protection of fundamental human rights. This paper will discuss how each jurisdiction protects the fundamental human rights and basic freedoms under their respective constitutions and whether these protections are adequate. The few constitutional guarantees that exist in Australia will be contrasted to the robust fundamental rights enshrined in the Indian constitution. It will be concluded that India sets a stronger example than Australia when it comes to constitutional rights and guarantees for three main reasons; first, the different vision of the constitutional framers of India and Australia; second, India's Constitution is easier to amend and therefore better placed to evolve and reflect changing societal norms; and finally, the divergent approaches of the Judiciary illustrate the broader interpretation of the scope of constitutional rights by the Indian judiciary. India and Australia can learn much from each other and the ways in which each country protects fundamental rights and basic freedoms are no exception to this. [ABSTRACT FROM AUTHOR]

Transition from secondary school to postschool life, education, and employment can be difficult for young people who are deaf or hard of hearing (DHH). This population's postschool outcomes, particularly in employment, continue to lag behind those of the general population. The transition education, planning, and practices that these students experience while at secondary school are important to their achievement of optimal postschool outcomes. This paper reviews recent literature relating to the postschool transition of young people who are DHH, including studies that have investigated specific transition practices and student characteristics and their associations with positive postschool outcomes. Taking into consideration evidence-based best practices for students with disability in general and students who are DHH in particular, the authors propose a model of targeted transition planning and practice for adolescents who are DHH. [ABSTRACT FROM AUTHOR]

Introduction: The disclosure of information that identifies deceased organ donors and/or organ transplant recipients by organ donation agencies and transplant centres is regulated in Australia by state and territory legislation, yet a significant number of donor family members and transplant recipients independently establish contact with each other. Aim: To describe and synthesize Australian laws and guidelines on the disclosure of identifying information. Method: Legislation and guidelines relevant to organ donation and transplantation were obtained following a search of government and DonateLife network websites. Information about the regulation of identity disclosure was extracted and synthesised using a process guided by Walt and Gilson's (1994) policy analysis framework. Findings: Nineteen documents were examined. Six guidelines refer to and were consistent with current legislation. Four documents did not address identity disclosure. All jurisdictions prohibit healthcare professionals from disclosing identifying information. In three states, the prohibition extends to all members of the public including donor family members and transplant recipients. Conclusion: Restrictions on identity disclosure have implications for public promotion of donation and transplantation where sharing of stories and images of organ donors and transplant recipients is common. Further research is required to understand the perspective of donor family members, transplant recipients, and healthcare professionals impacted by the current laws. [ABSTRACT FROM AUTHOR]

To meet global restoration targets, action is needed at a large scale, and at a high level of ambition. Coastal and marine restoration may be hindered by an array of factors, including governance: in particular, the cost and time associated with obtaining permits. We interviewed a small group of restoration practitioners in Australia to further explore this permitting issue. Our study revealed a deeper problem, with the legal permitting process driving outcomes. Some proponents are turning away from the sites with the highest restoration potential, and instead choosing sites based on the ease of obtaining permits. We also found that the permitting process is only one part of the problem, and progress is also being hampered by onerous post‐approval conditions, including ongoing liability for restorative interventions. Finally, the permitting process stifles innovation and creativity as outcomes are locked‐in at the permit stage. We conclude by highlighting the urgent need to reform legal permitting processes for restoration, as current practice may put the achievement of global restoration targets at risk. It is anticipated that these findings will be of interest to restoration practitioners navigating this space, as well as policymakers. [ABSTRACT FROM AUTHOR]

As COVID-19 and its variants spread across Australia at differing paces and intensity, the country's response to the risk of infection and contagion revealed an intensification of bordering practices as a form of risk mitigation with disparate impacts on different segments of the Australian community. Australia's international border was closed for both inbound and outbound travel, with few exceptions, while states and territories, Indigenous communities, and local government areas were subject to a patchwork of varying restrictions. By focusing on borders at various levels, our research traces how the logics of medico-legal bordering have filtered down from the international to the intra-national, and indeed, into hyper-local spaces. This is not just apparent in the COVID-19 moment but in previous pandemics of 1918 to 1919 influenza and smallpox, in which practices of quarantine and lockdowns were both unevenly distributed and implemented on multiple scales of social organization. An interdisciplinary approach between history and law reveals that human movement during pandemic times in Australia has been regulated in a manner that sees mobility as a risk to public health capable of mitigation through the strict enforcement of borders as a technology of both confinement and exclusion. [ABSTRACT FROM AUTHOR]

Coroners' inquests in Australia and New Zealand are no longer formally part of the criminal justice process. However, they can take place after the resolution of criminal charges and, although coroners' findings cannot be expressed in terms of persons' criminality, inquests can also result in referrals to prosecuting authorities. In addition, referrals to professionals' disciplinary regulators can be made by coroners. The potential for such adverse outcomes for the individuals affected makes it essential for those representing parties or witnesses at coronial hearings to consider carefully the forensic strategies that they deploy and, in particular, the advice that they provide, including in relation to claims to the privilege against self-incrimination. By reason of the partial abolition of the doctrine of autrefois acquit in a number of Australian jurisdictions, the potential for new and compelling evidence to emerge during an inquest takes on additional significance for persons who have been found not guilty of offences such as a murder at a previous trial. [ABSTRACT FROM AUTHOR]

Prenatal substance use, specifically opioid and excessive alcohol use, can cause significant adverse effects for the unborn foetus in both the short‐and long‐term. Responses by state social systems occur on a spectrum of prevention and early intervention to support mothers. Some but not all states include reporting duties, so that professionals made aware of the situation may alert agencies that can intervene to provide appropriate support. This article will review legal duties to report maternal substance use during pregnancy in the US and Australia. We identify variations in these laws regarding who is required to report, what circumstances must be reported and what indicates child abuse or neglect. Inconsistencies in laws raise questions about the nature of different approaches, and how reforms might be made to improve provision of support. Informed by the medical literature, the contemporary context and federal policy in the US, we make recommendations for reform, and for the appropriate response to such reports. [ABSTRACT FROM AUTHOR]

The emergence of SARS-CoV-2 and the subsequent COVID-19 pandemic has resulted in significant global impact. However, COVID-19 is just one of several high-impact infectious diseases that emerged from wildlife and are linked to the human relationship with nature. The rate of emergence of new zoonoses (diseases of animal origin) is increasing, driven by human-induced environmental changes that threaten biodiversity on a global scale. This increase is directly linked to environmental drivers including biodiversity loss, climate change and unsustainable resource extraction. Australia is a biodiversity hotspot and is subject to sustained and significant environmental change, increasing the risk of it being a location for pandemic origin. Moreover, the global integration of markets means that consumption trends in Australia contributes to the risk of disease spill-over in our regional neighbours in Asia-Pacific, and beyond. Despite the clear causal link between anthropogenic pressures on the environment and increasing pandemic risks, Australia's response to the COVID-19 pandemic, like most of the world, has centred largely on public health strategies, with a clear focus on reactive management. Yet, the span of expertise and evidence relevant to the governance of pandemic risk management is much wider than public health and epidemiology. It involves animal/wildlife health, biosecurity, conservation sciences, social sciences, behavioural psychology, law, policy and economic analyses to name just a few.The authors are a team of multidisciplinary practitioners and researchers who have worked together to analyse, synthesise, and harmonise the links between pandemic risk management approaches and issues in different disciplines to provide a holistic overview of current practice, and conclude the need for reform in Australia. We discuss the adoption of a comprehensive and interdisciplinary 'One Health' approach to pandemic risk management in Australia. A key goal of the One Health approach is to be proactive in countering threats of emerging infectious diseases and zoonoses through a recognition of the interdependence between human, animal, and environmental health. Developing ways to implement a One Health approach to pandemic prevention would not only reduce the risk of future pandemics emerging in or entering Australia, but also provide a model for prevention strategies around the world. [ABSTRACT FROM AUTHOR]

This article focuses on the interests of older Australians during the COVID-19 pandemic. It analyses aspects of Australian law by considering the implications of the pandemic for older Australians in order to evaluate the adequacy of existing laws in meeting their needs. We begin by analysing two important challenges. First, although we focus on the interests of older Australians, defining what is meant by 'older' can be challenging. Second, although we adopt a rights-based approach to our analysis, we recognise that there is no convention on the rights of older persons that clearly articulates the rights of older persons. In the remaining parts of the article, we examine different areas of law (antidiscrimination laws, responses to social isolation, and participation in medical research of individuals where capacity has been lost or is diminishing) as examples through which to analyse the impact of the pandemic on older Australians and to provide insights into the adequacy of current Australian laws. [ABSTRACT FROM AUTHOR]

The concern for the welfare of persons living with disabilities is not a new ethical or moral consideration for our society. Microboards are a relatively new development in Australia and operate to enhance supported decision-making through placing a supportive network of interested persons around an individual with impaired decision-making capacity to assist their realisation of wishes and support their needs. This article critically examines South Australia's laws which provide for disability support frameworks and argues that the current laws do not reflect best practice. The article considers whether microboards offer a potential solution to the many practical issues faced by persons living with disabilities. The potential legal, policy and practical issues associated with the use of microboards are identified and a number of recommendations for legal reform are proposed. With these reform measures implemented, a strong case is made that microboards can offer persons living with disabilities a significant increase in their quality of life and autonomy whilst simultaneously strengthening local communities and reducing government responsibility. [ABSTRACT FROM AUTHOR]

Common fund orders ('CFOs') have had a significant effect on Australian third-partyfunded class actions by requiring all class members to make a contribution to the third-party litigation funder's fee in the event of a successful outcome. This altered past practice whereby only class members who had contracted with the litigation funder would be liable for such a contribution. However, in a 5:2 decision in BMW Australia Ltd v Brewster (2019) 94 ALJR 51 ('Brewster'), the High Court cast doubt on CFOs, determining that neither s 33ZF of the Federal Court of Australia Act 1976 (Cth) nor s 183 of Civil Procedure Act 2005 (NSW) provided a legal basis for making CFOs at the outset of proceedings so as to secure litigation funding support. In late 2020, the Commonwealth Parliamentary Joint Committee on Corporations and Financial Services recommended that legislation be enacted to 'address uncertainty' arising from Brewster in a manner that would enable CFOs to be made at settlement or judgment. In this article, the authors canvass normative arguments as to the merits of CFOs and compare the alternative practice of making funding equalisation orders. They also consider the related issue of courts setting overall funding commissions. Given the possibility of legislative intervention, they also review arguments as to the potential constitutional validity of CFOs, a matter that was raised, but received very limited treatment from, the High Court in Brewster. [ABSTRACT FROM AUTHOR]

Background: For a patient's legal right to make end-of-life treatment decisions to be respected, health care practitioners, patients and their substitute decision-makers must know what rights exist and how to assert them (or support others to assert them). Yet very little is known about what enhances or obstructs the operationalization of legal rights from the perspective of patients, family members and substitute decision-makers. Aim: To explore barriers and facilitators to the operationalization of rights in end-of-life decision-making from the perspectives of terminally-ill patients and family members and substitute decision-makers of terminally ill patients in Australia. Design: Semi-structured interviews (face to face and telephone) with patients, family or substitute decision-makers experienced in end-of-life decision-making completed between November 2016 and October 2017. A thematic content analysis of interview transcripts. Setting/participants: Purposive sampling across three Australian states provided 16 terminally-ill patients and 33 family and/or substitute decision-makers. Results: Barriers and facilitators emerged across three overlapping domains: systemic factors; individual factors, influenced by personal characteristics and decision-making approach; and communication and information. Health care practitioners play a key role in either supporting or excluding patients, family and substitute decision-makers in decision-making. Conclusion: In addition to enhancing legal literacy of community members and health practitioners about end-of-life decision-making, support such as open communication, advocacy and help with engaging with advanced care planning is needed to facilitate people operationalizing their legal rights, powers and duties. Palliative care and other support services should be more widely available to people both within and outside health systems. [ABSTRACT FROM AUTHOR]

Social workers and anthropologists encounter different representations of mediation as a professional practice: On the one hand, Social Work is grounded in mediation as expert knowledge that helps others to resolve interpersonal disputes. For example, mediation as Alternative Dispute Resolution (ADR) can enable court cases to resolve without formal trials. On the other hand, Anthropology is grounded in mediation as a research field site and by past intervention experience of anthropologists. As mediation professionalized and became mandated across public institutions, anthropologists became strong ADR critics. Academic debate between mediation proponents and critics ended as critics abandoned research in the 1990s and 2000s. My initial research goal was to pick up from past empirical study. Research was conducted in Australia, Ghana, and the United States in two areas of mediation practice; resolving parenting disputes between adults who are separating or not married, and "elder mediation" cases involving older adults. Initial findings reified past debate through data that supported proponents and critics. Further insight was gained through return to fieldwork using an expanded, ethnographic case study design. This article provides a journey through a seemingly intractable divide that was ultimately resolved through prolonged time in fieldwork focused on understanding client perspectives. I show how social work and anthropology scholars of professional mediation have been positioned on opposite sides of an expert knowledge/fieldwork research boundary. This boundary can be made productive through open exchange about mediation as a practice that evolves through an interplay of expert knowledge, intervention practice, and client engagement. [ABSTRACT FROM AUTHOR]