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Adult safeguarding in Australia after the Disability Royal Commission
In: Research and practice in intellectual and developmental disabilities: RAPIDD, S. 1-10
ISSN: 2329-7026
Settling on a national Indigenous Australian 'voice'
In: Australian journal of public administration, Band 80, Heft 2, S. 361-373
ISSN: 1467-8500
AbstractThis article argues that the call for establishment of a national Indigenous 'voice' ought to be seen by the Australian government in historical context, primarily as a call for remediation for historical injustices, not just as an opportunity for improvement in the lives and governance of Indigenous Australians. Viewed this way, the call carries with it an imperative for government both to recognise the moral weight underpinning it and to be active in seeking to settle the matter, either by agreeing to the reform proposal or otherwise by negotiating an acceptable outcome. The article closes by considering possible ways in which settlement might occur.
"The Abuse of Older Australians (Elder Abuse)": Reform Activity and Imperatives
In: Australian social work: journal of the AASW, Band 73, Heft 3, S. 381-389
ISSN: 1447-0748
The future of adult safeguarding in Australia
In: Australian journal of social issues: AJSI, Band 54, Heft 4, S. 360-370
ISSN: 1839-4655
AbstractSignificant reforms to Australia's adult safeguarding laws and practices are in the process of occurring in the context of increasingly market‐oriented social care provision and rising human rights consciousness. Recent safeguarding developments have included federal regulatory reforms concerning disability and aged care service provision, together with significant reform activity stemming from a national inquiry into elder abuse. Despite this national activity, adult safeguarding continues largely to be an arena of state and territory responsibility. This article examines recent reform developments and asks how safeguarding laws and practices can be reformed to take account of increased federal involvement in social care regulation and the more market‐oriented ways in which social care is being provided. The article argues that while state and territory safeguarding laws and practices are unlikely to become uniform, 10 principles ought to guide continued adult safeguarding reform. These principles seek to balance respect for the autonomy of individuals with society's obligation to support those in need.
Commentary by John Chesterman on "The Arguments against Camera and Closed-circuit Television Surveillance in the Homes of People with Disabilities to Protect from Abuse and Neglect" (Hayward, 2016)
In: Research and practice in intellectual and developmental disabilities: RAPIDD, S. 1-4
ISSN: 2329-7026
Taking Control: Putting Older People at the Centre of Elder Abuse Response Strategies
In: Australian social work: journal of the AASW, Band 69, Heft 1, S. 115-124
ISSN: 1447-0748
Modernising Adult Protection in an Age of Choice
In: Australian journal of public administration, Band 73, Heft 4, S. 517-524
ISSN: 1467-8500
This article examines the effect that two important legal and social policy developments are having on adult protection laws and practices in Australia. The first concerns the increasing reach of human rights norms, which encourage minimal reliance to be placed on substitute decision‐making arrangements, such as adult guardianship, in favour of providing greater support for people to make and implement their own decisions. The second concerns the consumer choice focus of current aged care and disability reforms in Australia. While both these developments will lead to improvements in the lives of many people, they also present regulatory challenges when it comes to protecting the well‐being of at‐risk adults, especially adults with significant cognitive impairments or with significant mental ill health. The article draws on work undertaken as part of a Churchill Fellowship and contains reform suggestions that seek to improve our protection of at‐risk adults in an era increasingly characterised by freedom of choice.
The Future of Adult Guardianship in Federal Australia
In: Australian social work: journal of the AASW, Band 66, Heft 1, S. 26-38
ISSN: 1447-0748
The Review of Victoria's Guardianship Legislation: State Policy Development in an Age of Human Rights
In: Australian journal of public administration: the journal of the Royal Institute of Public Administration Australia, Band 69, Heft 1, S. 61-66
ISSN: 0313-6647
The Review of Victoria's Guardianship Legislation: State Policy Development in an Age of Human Rights
In: Australian journal of public administration, Band 69, Heft 1, S. 61-65
ISSN: 1467-8500
This article considers the Victorian government's decision to review the state's guardianship legislation and notes the significant place international human rights developments are playing in that review. The article recognises the opportunities these developments present for reworking the guardianship legislation to increase the autonomy and decision‐making power of people with disabilities, but also considers the challenge these developments present to ensuring that society continues to protect its most vulnerable citizens.
National Policy‐Making in Indigenous Affairs: Blueprint for an Indigenous Review Council
In: Australian journal of public administration, Band 67, Heft 4, S. 419-429
ISSN: 1467-8500
This article examines the dearth of any representative Indigenous role in national Indigenous affairs policy‐making and suggests a remedy. After making the case for a specific Indigenous place in national policy‐making, the article considers the reasons for the failure of the Aboriginal and Torres Strait Islander Commission (ATSIC), the body that filled this brief for a decade and a half. The article then considers three possible ways of ensuring an Indigenous role in the policy‐making process: a replacement for ATSIC with specific policy powers; set seats for Indigenous representatives in federal parliament; and the creation of a new elected body whose role would be to review Indigenous affairs legislation. The article concludes that the latter proposal in particular is worth trialling as it would ensure a significant Indigenous voice in national policy‐making while learning from the mistakes that led to ATSIC's demise.
National Policy-Making in Indigenous Affairs: Blueprint for an Indigenous Review Council
In: Australian journal of public administration: the journal of the Royal Institute of Public Administration Australia, Band 67, Heft 4, S. 419-429
ISSN: 0313-6647