ORCID Profile
0000-0003-3974-0850
Current Organisation
Monash University - Caulfield Campus
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Law | Legal Institutions (incl. Courts and Justice Systems) | Access to Justice | Human Rights Law
Publisher: SAGE Publications
Date: 20-04-2018
Abstract: This annual survey of significant court and tribunal decisions in Australia in 2017 covers changes to the award safety net implemented through the 4-yearly review, including in relation to penalty rates and casual employment. It outlines developments in collective bargaining, focusing on agreement-making, protected industrial action, the good faith bargaining provisions and the rise in successful applications by employers for termination of agreements. A Queensland decision considering community pickets and the interaction between state peaceful assembly legislation and the Fair Work Act is also noted. Decisions on workplace discrimination show that the courts are still grappling with Fair Work Act provisions in this area, and taking ergent approaches. The survey also discusses a successful accessorial liability action taken by the Fair Work Ombudsman, which is significant for both internal and external business advisors.
Publisher: SAGE Publications
Date: 05-2019
Abstract: The year 2018 saw significant tribunal and court decisions concerning the definition of ‘casual’ for the purposes of the National Employment Standards, the obligations of labour hire employers, and the employment status of food delivery drivers in the gig economy. This review also covers a number of significant changes to awards made by the Fair Work Commission as part of its 4-yearly award review a Full Federal Court decision about the extent to which a small group of employees genuinely agreed to approve an enterprise agreement. An unusual tribunal decision about an employee who was assumed to have a disability is noted. Finally, the review considers several significant judicial decisions on accessorial liability and penalites under the Fair Work Act.
Publisher: La Trobe University
Date: 09-09-2021
DOI: 10.26826/LAW-IN-CONTEXT.V37I2.165
Abstract: 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 erse 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.
Publisher: La Trobe University
Date: 31-08-2021
DOI: 10.26826/LAW-IN-CONTEXT.V37I2.152
Abstract: Although we live in an era in which government and private organisations collect large amounts of data, this has not filtered through to anti-discrimination and equality law in Australia. Government and its agencies have little incentive to collect information, nor does business. Neither group bears any obligation to tackle discrimination if they detect it. Yet the self-regulating enforcement model used in equality law is premised on the idea that information will be available to aid voluntary compliance. This article examines the nature of the data organisations that are currently required to collect and identify significant information gaps. It argues that it is not enough to simply fill those gaps with information increased data collection needs to be accompanied by the obligation to address inequality if that is what the data reveals.
Publisher: SAGE Publications
Date: 26-03-2020
Abstract: This annual survey of significant court and tribunal decisions in Australia in 2019 covers employer efforts to restrain employee communication outside the workplace through codes of conduct and the use of biometric technology in the workplace. It also considers the rise of class actions in employment law and the strategic use by large employers of consumer and intellectual property laws against trade unions in the context of industrial disputes.
Publisher: Informa UK Limited
Date: 2009
Publisher: SAGE Publications
Date: 29-10-2023
Publisher: Cambridge University Press
Date: 26-05-2016
Publisher: SAGE Publications
Date: 06-08-2020
Abstract: In her critique of anti-discrimination law, 'The Liberal Promise', Professor Margaret Thornton argued that the law could have a limited impact on social change partly due to the privatised way in which discrimination claims are resolved. This Brief explores the influence of Thornton's work and suggests that, 30 years on, her claims still ring true.
Publisher: SAGE Publications
Date: 06-2013
Publisher: National Institute for Health and Care Research
Date: 04-2021
DOI: 10.3310/EME08050
Abstract: Tuberculosis (TB) is a devastating disease for which new diagnostic tests are desperately needed. To validate promising new technologies [namely whole-blood transcriptomics, proteomics, flow cytometry and quantitative reverse transcription-polymerase chain reaction (qRT-PCR)] and existing signatures for the detection of active TB in s les obtained from in iduals with suspected active TB. Four substudies, each of which used s les from the biobank collected as part of the interferon gamma release assay (IGRA) in the Diagnostic Evaluation of Active TB study, which was a prospective cohort of patients recruited with suspected TB. Secondary care. Adults aged ≥ 16 years presenting as inpatients or outpatients at 12 NHS hospital trusts in London, Slough, Oxford, Leicester and Birmingham, with suspected active TB. New tests using genome-wide gene expression microarray (transcriptomics), surface-enhanced laser desorption ionisation time-of-flight mass spectrometry/liquid chromatography–mass spectrometry (proteomics), flow cytometry or qRT-PCR. Area under the curve (AUC), sensitivity and specificity were calculated to determine diagnostic accuracy. Positive and negative predictive values were calculated in some cases. A decision tree model was developed to calculate the incremental costs and quality-adjusted life-years of changing from current practice to using the novels tests. The project, and four substudies that assessed the previously published signatures, measured each of the new technologies and performed a health economic analysis in which the best-performing tests were evaluated for cost-effectiveness. The diagnostic accuracy of the transcriptomic tests ranged from an AUC of 0.81 to 0.84 for detecting all TB in our cohort. The performance for detecting culture-confirmed TB or pulmonary TB was better than for highly probable TB or extrapulmonary tuberculosis (EPTB), but was not high enough to be clinically useful. None of the previously described serum proteomic signatures for active TB provided good diagnostic accuracy, nor did the candidate rule-out tests. Four out of six previously described cellular immune signatures provided a reasonable level of diagnostic accuracy (AUC = 0.78–0.92) for discriminating all TB from those with other disease and latent TB infection in human immunodeficiency virus-negative TB suspects. Two of these assays may be useful in the IGRA-positive population and can provide high positive predictive value. None of the new tests for TB can be considered cost-effective. The diagnostic performance of new tests among the HIV-positive population was either underpowered or not sufficiently achieved in each substudy. Overall, the diagnostic performance of all previously identified ‘signatures’ of TB was lower than previously reported. This probably reflects the nature of the cohort we used, which includes the harder to diagnose groups, such as culture-unconfirmed TB or EPTB, which were under-represented in previous cohorts. We are yet to achieve our secondary objective of deriving novel signatures of TB using our data sets. This was beyond the scope of this report. We recommend that future studies using these technologies target specific subtypes of TB, specifically those groups for which new diagnostic tests are required. This project was funded by the Efficacy and Mechanism Evaluation (EME) programme, a MRC and NIHR partnership.
Publisher: SAGE Publications
Date: 27-08-2014
Abstract: Alternative dispute resolution (ADR) has become an entrenched feature of Australia’s anti-discrimination law, so much so that the vast majority of discrimination complaints are settled. There are many reasons to be against settlement but with reference to a study of the outcomes negotiated in discrimination complaints settled in Queensland, this article shows that there are valid reasons to be in favour of settlement, particularly when it results in systemic remedies which would not be obtained otherwise. The article concludes by presenting modifications to the existing complaint resolution system which would retain ADR while ensuring that the wider, systemic aspects of a discrimination claim are also addressed by introducing an institution with the power to enforce the law.
Publisher: Informa UK Limited
Date: 11-2015
Publisher: SAGE Publications
Date: 09-2010
Publisher: Informa UK Limited
Date: 03-07-2018
Start Date: 2023
End Date: 12-2025
Amount: $226,583.00
Funder: Australian Research Council
View Funded Activity