In this paper, we argue that during recent periods of welfare state retrenchment, new immigrants generally have experienced greater levels of restriction on their social rights when compared with long-term migrants and citizens. However, the extent of new immigrants’ social rights (here social...

This chapter reviews the extent to which laws based on promotion of individual 'autonomy' (such as durable powers of attorney) conform with the lived lives and preferences of those for whom they are designed. It considers alternative conceptions of rights, including communitarian and social...

This paper examines the social security implications (and barriers to effective forward planning) posed by the means tests, gifting and private trusts/companies provisions governing payments made to people with cognitive or other severe disabilities, and their parental or other carers. It...

Anorexia nervosa is often chronic, with one of the highest death rates for psychological conditions. Law can compel treatment, but is rarely invoked, at least formally (though the strategic possibilities of orders confers internal authority within the clinical setting). Instead, 'control' (or...

Mental health jurisprudence traditionally was more concerned to protect negative or 'liberty' rights than to advance positive rights of access to needed mental health care and treatment. North American test case litigation contributed to advances in the quality of mental health and other...

OBJECTIVE: This paper addresses the question of the circumstances which lead clinicians to use legal coercion in the management of patients with severe anorexia nervosa, and explores similarities and differences between such formal coercion and other forms of 'strong persuasion' in patient...

This paper explores social equity, health planning, regulatory and ethical dilemmas in responding to a pandemic influenza (H5N1) outbreak, and the adequacy of protocols and standards such as the International Health Regulations (2005). The paper analyses the role of legal and ethical...

Honouring the requirement of the Convention on the Rights of Persons with Disabilities to introduce supported decision-making poses many challenges. Not least of those challenges is in writing laws and devising policies which facilitate access to formal and informal supports for large numbers of...

Perhaps the most potent symbol of the Howard Government’s faith in NPM was the Job Network. Interrogating the Rudd Government’s replacement package, this article assesses whether the recent restructuring of employment services constitutes a post-NPM environment. It is argued that there are...