Privacy and individuals\u27 ability to remain anonymous are important protections against persecu... more Privacy and individuals\u27 ability to remain anonymous are important protections against persecution, bullying, intimidation and retaliation. These can be perpetrated by other people, private businesses and, perhaps most seriously, the state and its police and intelligence agencies
This article examines the treatment of Dr Mohamed Haneef, an Indian doctor arrested under Austral... more This article examines the treatment of Dr Mohamed Haneef, an Indian doctor arrested under Australia‟s anti-terrorism legislation in July 2007 as Australian authorities including the Australian Federal Police, Commonwealth Director of Public Prosecutions, Australian Security Intelligence Organisation, (wrongfully) believed that he was linked to the terrorist attack at Glasgow airport in June 2007. The actions and responses of these two agencies, and the subsequent judicial inquiry are reviewed in the light of the media‟s role and press coverage as the case unfolded
This article examines the treatment of Dr Mohamed Haneef, an Indian doctor arrested under Austral... more This article examines the treatment of Dr Mohamed Haneef, an Indian doctor arrested under Australia‟s anti-terrorism legislation in July 2007 as Australian authorities including the Australian Federal Police, Commonwealth Director of Public Prosecutions, Australian Security Intelligence Organisation, (wrongfully) believed that he was linked to the terrorist attack at Glasgow airport in June 2007. The actions and responses of these two agencies, and the subsequent judicial inquiry are reviewed in the light of the media‟s role and press coverage as the case unfolded
This article considers whether in the „war against terrorism‟ national security is eroded or stre... more This article considers whether in the „war against terrorism‟ national security is eroded or strengthened by weakening or removing the human rights of the individuals who constitute the polity. It starts with the view that national security is, at its most fundamental, founded upon the security and liberty of the person from criminal and violent acts, including terrorist attacks. Such attacks, and the individuals and groups who perpetrate them, constitute a grave threat to the peace and security of nations the world over and thus endanger the security and liberty of the individuals who make up their populations. Governments are therefore compelled to use the machinery of the state to protect the nation and the individual from these attacks. However, the paper is based on another, equally important, assumption. This is that the defence of national security requires individuals to be protected from the arbitrary exercise of state power even in situations where the state claims to be a...
This brief paper considers the political and social implications of the manner in which Australia... more This brief paper considers the political and social implications of the manner in which Australia has prosecuted the so-called 'war on terror'. It does this by investigating relevant aspects of Australia's antiterrorism legislation and the performance of Australian security and law enforcement agencies, namely, the Australian Security and Intelligence Organisation (ASIO) and the Australian Federal Police (AFP). Focusing on the Haneef and Ul-Haque cases, the paper will consider how the political climate created by the former Federal Government's legislative approach to the war on terror has influenced the performance of these organisations. By focusing on these two cases, the paper will demonstrate how racial, ethnic and religious stereotyping have informed and shaped Australia's conduct of the war on terror. It will investigate the real potential for social division, and heightened national insecurity, that flows from the use and propagation of these stereotypes. The paper will also highlight the unfairness and prejudice that are inherent to racial and religious stereotyping. Finally, the paper will consider whether the Rudd Labor Government's approach thus far to the war on terror differs in any significant measure from that of its predecessor and evaluate the prospects for real, progressive change.
This paper considers whether in the ‘war against terrorism ’ national security is eroded or stren... more This paper considers whether in the ‘war against terrorism ’ national security is eroded or strengthened by weakening or removing the human rights of the individuals who constitute the polity. It starts with the view that national security is, at its most fundamental, founded upon the security and liberty of the person from criminal and violent acts, including terrorist attacks. Such attacks, and the individuals and groups who perpetrate them, constitute a grave threat to the peace and security of nations the world over and thus endanger the security and liberty of the individuals who make up their populations. Governments are therefore compelled to use the machinery of the state to protect the nation and the individual from these attacks. However, the paper is based on another, equally important, assumption. This is that the defence of national security requires individuals to be protected from the arbitrary exercise of state power even in situations where the state claims to be ac...
This paper will consider the manner in which Australia’s counter-terrorism strategy has been oper... more This paper will consider the manner in which Australia’s counter-terrorism strategy has been operationalised, highlighting the implications of its strategy for access to justice. Access to justice, encompassing the ability of individuals, including persons suspected of terrorism offences and non-suspects, effectively to exercise their human and legal rights, can be an important curb on state power. But, in another equally important sense, providing individuals with access to justice also protects national security by helping to ensure that the law enforcement and security agencies focus their efforts on genuine terror suspects rather than wasting their resources on investigating and prosecuting genuine non-suspects. Accordingly, access to justice in the context of counter-terrorism, and more broadly, involves such things as suspects ’ (and, non-suspects’) enforceable rights: to be represented by competent, independent and affordable legal counsel (thus including the availability of ...
Public interest litigation: making the case in Australia Litigation is widely and appropriately r... more Public interest litigation: making the case in Australia Litigation is widely and appropriately recognised as an important component of the public interest advocacy 'toolkit'. Yet, little attention has been paid in Australian research and scholarship to an important question: under what circumstances is public interest litigation (PIL) an effective way to bring about progressive social change? Informed by a review of the international literature on PIL, the authors of this article argue for the importance of drawing on Australia's rich history with PIL to develop a solid empirical evidence base which can inform future decision about the strategic employment of PIL in campaigns to address the concerns and needs of disadvantaged and marginalised sections of Australian society.
This paper will consider the implications of the Australian Government's recent national security... more This paper will consider the implications of the Australian Government's recent national security and antiterrorism legislation for its relations with Australian citizens and with third sector organisations, like those comprising the community legal sector, that seek to promote and defend citizens' civil, political and social rights. The series of bills enacted by the Australian Parliament since September 11 2001, the culmination of which has been the Anti-Terrorism (No. 2) 2005 Bill, removes many of the freedoms and rights that Australians have for many years been able to take for granted. The 2005 Bill's detention and control orders, for example, degrade the importance of the role of formal trials and the production of credible evidence by the prosecution in the administration of justice in Australia. It also includes a newly-defined crime of sedition that empowers the Australian Government and the national security authorities to invoke the sedition provisions when they merely suspect a person of seditious intent to use or threaten the use of force. The 2005 Bill, and the many other national security and anti-terrorism acts, has placed a great burden of responsibility on third sector organisations which seek through their activities to enhance the inclusiveness and cohesiveness of the Australian community. They will increasingly be called upon, particularly by 'suspect' groups and individuals, to ameliorate the harmful social and psychological effects of intimidation, victimisation and persecution perpetrated by the authorities in the name of protecting Australia's national security. At the same time, these organisations will have to deal with a society turned against itself in which differences of language, ethnicity and religion have become a frontier separating the included and protected from the excluded and feared. This paper will consider the impact of these trends and developments on third sector organisations committed to fostering a more tolerant, inclusive and cohesive Australian society. It will focus in particular on the likely implications of the national security legislation for the community legal sector. The sector is characterised by its commitment to the objective of improving access to justice and ensuring equality before the law for all Australian citizens and residents. It thus plays an important but largely unheralded role in protecting Australia's genuine national security from the potentially corrosive effects of the Government's national security and anti-terrorism legislation.
This paper will consider the manner in which Australia’s counter-terrorism strategy has been oper... more This paper will consider the manner in which Australia’s counter-terrorism strategy has been operationalised, highlighting the implications of its strategy for access to justice. Access to justice, encompassing the ability of individuals, including persons suspected of terrorism offences and non-suspects, effectively to exercise their human and legal rights, can be an important curb on state power. But, in another equally important sense, providing individuals with access to justice also protects national security by helping to ensure that the law enforcement and security agencies focus their efforts on genuine terror suspects rather than wasting their resources on investigating and prosecuting genuine non-suspects. Accordingly, access to justice in the context of counter-terrorism, and more broadly, involves such things as suspects’ (and, non-suspects’) enforceable rights: to be represented by competent, independent and affordable legal counsel (thus including the availability of a...
Privacy and individuals' ability to remain anonymous are important protections against persec... more Privacy and individuals' ability to remain anonymous are important protections against persecution, bullying, intimidation and retaliation. These can be perpetrated by other people, private businesses and, perhaps most seriously, the state and its police and intelligence agencies.
This paper reviews the scientific literature on needs assessment of individuals living in the com... more This paper reviews the scientific literature on needs assessment of individuals living in the community. Providing an overview of the field with a focus on capturing useful information for planning health interventions in the community, this paper will highlight: • The current policy context that underpins the importance of needs assessment in health care; • Key papers and basic theoretical concepts that can guide a coherent approach to community care needs assessment, including Bradshaw, 1972 and Stevens & Gabbay, 1991; • The development of semi-structured interviews in mental health as a focus for designing new tools with the Camberwell Assessment of Need (CAN) being the most well known; • How to deal with the organisational issues involved with the assessment of unmet need in the community; • The current evidence base for developing a national approach to needs assessment; • And a brief look at the latest self-reported needs assessment instruments.
This paper will investigate the effects of performance contracts on the governance of third secto... more This paper will investigate the effects of performance contracts on the governance of third sector organisations to which governments have outsourced responsibility for delivery of important human and welfare services. As governments have retreated from direct delivery of such services under the impetus of the New Public Management (NPM) reform agenda, they increasingly have had to rely on third sector organisations to play the role of service providers. From a public administration point of view, dominance of the purchaser/ provider funding and regulatory model has been one of the most significant results. Under this model, performance contracts or so-called ‘service agreements’ are used to manage the relationship between the government as purchaser of services and the service provider organisations. These contracts or agreements subject provider organisations to a strict funding, governance and accountability regime. The danger for many third sector organisations is that in strivi...
Privacy and individuals\u27 ability to remain anonymous are important protections against persecu... more Privacy and individuals\u27 ability to remain anonymous are important protections against persecution, bullying, intimidation and retaliation. These can be perpetrated by other people, private businesses and, perhaps most seriously, the state and its police and intelligence agencies
This article examines the treatment of Dr Mohamed Haneef, an Indian doctor arrested under Austral... more This article examines the treatment of Dr Mohamed Haneef, an Indian doctor arrested under Australia‟s anti-terrorism legislation in July 2007 as Australian authorities including the Australian Federal Police, Commonwealth Director of Public Prosecutions, Australian Security Intelligence Organisation, (wrongfully) believed that he was linked to the terrorist attack at Glasgow airport in June 2007. The actions and responses of these two agencies, and the subsequent judicial inquiry are reviewed in the light of the media‟s role and press coverage as the case unfolded
This article examines the treatment of Dr Mohamed Haneef, an Indian doctor arrested under Austral... more This article examines the treatment of Dr Mohamed Haneef, an Indian doctor arrested under Australia‟s anti-terrorism legislation in July 2007 as Australian authorities including the Australian Federal Police, Commonwealth Director of Public Prosecutions, Australian Security Intelligence Organisation, (wrongfully) believed that he was linked to the terrorist attack at Glasgow airport in June 2007. The actions and responses of these two agencies, and the subsequent judicial inquiry are reviewed in the light of the media‟s role and press coverage as the case unfolded
This article considers whether in the „war against terrorism‟ national security is eroded or stre... more This article considers whether in the „war against terrorism‟ national security is eroded or strengthened by weakening or removing the human rights of the individuals who constitute the polity. It starts with the view that national security is, at its most fundamental, founded upon the security and liberty of the person from criminal and violent acts, including terrorist attacks. Such attacks, and the individuals and groups who perpetrate them, constitute a grave threat to the peace and security of nations the world over and thus endanger the security and liberty of the individuals who make up their populations. Governments are therefore compelled to use the machinery of the state to protect the nation and the individual from these attacks. However, the paper is based on another, equally important, assumption. This is that the defence of national security requires individuals to be protected from the arbitrary exercise of state power even in situations where the state claims to be a...
This brief paper considers the political and social implications of the manner in which Australia... more This brief paper considers the political and social implications of the manner in which Australia has prosecuted the so-called 'war on terror'. It does this by investigating relevant aspects of Australia's antiterrorism legislation and the performance of Australian security and law enforcement agencies, namely, the Australian Security and Intelligence Organisation (ASIO) and the Australian Federal Police (AFP). Focusing on the Haneef and Ul-Haque cases, the paper will consider how the political climate created by the former Federal Government's legislative approach to the war on terror has influenced the performance of these organisations. By focusing on these two cases, the paper will demonstrate how racial, ethnic and religious stereotyping have informed and shaped Australia's conduct of the war on terror. It will investigate the real potential for social division, and heightened national insecurity, that flows from the use and propagation of these stereotypes. The paper will also highlight the unfairness and prejudice that are inherent to racial and religious stereotyping. Finally, the paper will consider whether the Rudd Labor Government's approach thus far to the war on terror differs in any significant measure from that of its predecessor and evaluate the prospects for real, progressive change.
This paper considers whether in the ‘war against terrorism ’ national security is eroded or stren... more This paper considers whether in the ‘war against terrorism ’ national security is eroded or strengthened by weakening or removing the human rights of the individuals who constitute the polity. It starts with the view that national security is, at its most fundamental, founded upon the security and liberty of the person from criminal and violent acts, including terrorist attacks. Such attacks, and the individuals and groups who perpetrate them, constitute a grave threat to the peace and security of nations the world over and thus endanger the security and liberty of the individuals who make up their populations. Governments are therefore compelled to use the machinery of the state to protect the nation and the individual from these attacks. However, the paper is based on another, equally important, assumption. This is that the defence of national security requires individuals to be protected from the arbitrary exercise of state power even in situations where the state claims to be ac...
This paper will consider the manner in which Australia’s counter-terrorism strategy has been oper... more This paper will consider the manner in which Australia’s counter-terrorism strategy has been operationalised, highlighting the implications of its strategy for access to justice. Access to justice, encompassing the ability of individuals, including persons suspected of terrorism offences and non-suspects, effectively to exercise their human and legal rights, can be an important curb on state power. But, in another equally important sense, providing individuals with access to justice also protects national security by helping to ensure that the law enforcement and security agencies focus their efforts on genuine terror suspects rather than wasting their resources on investigating and prosecuting genuine non-suspects. Accordingly, access to justice in the context of counter-terrorism, and more broadly, involves such things as suspects ’ (and, non-suspects’) enforceable rights: to be represented by competent, independent and affordable legal counsel (thus including the availability of ...
Public interest litigation: making the case in Australia Litigation is widely and appropriately r... more Public interest litigation: making the case in Australia Litigation is widely and appropriately recognised as an important component of the public interest advocacy 'toolkit'. Yet, little attention has been paid in Australian research and scholarship to an important question: under what circumstances is public interest litigation (PIL) an effective way to bring about progressive social change? Informed by a review of the international literature on PIL, the authors of this article argue for the importance of drawing on Australia's rich history with PIL to develop a solid empirical evidence base which can inform future decision about the strategic employment of PIL in campaigns to address the concerns and needs of disadvantaged and marginalised sections of Australian society.
This paper will consider the implications of the Australian Government's recent national security... more This paper will consider the implications of the Australian Government's recent national security and antiterrorism legislation for its relations with Australian citizens and with third sector organisations, like those comprising the community legal sector, that seek to promote and defend citizens' civil, political and social rights. The series of bills enacted by the Australian Parliament since September 11 2001, the culmination of which has been the Anti-Terrorism (No. 2) 2005 Bill, removes many of the freedoms and rights that Australians have for many years been able to take for granted. The 2005 Bill's detention and control orders, for example, degrade the importance of the role of formal trials and the production of credible evidence by the prosecution in the administration of justice in Australia. It also includes a newly-defined crime of sedition that empowers the Australian Government and the national security authorities to invoke the sedition provisions when they merely suspect a person of seditious intent to use or threaten the use of force. The 2005 Bill, and the many other national security and anti-terrorism acts, has placed a great burden of responsibility on third sector organisations which seek through their activities to enhance the inclusiveness and cohesiveness of the Australian community. They will increasingly be called upon, particularly by 'suspect' groups and individuals, to ameliorate the harmful social and psychological effects of intimidation, victimisation and persecution perpetrated by the authorities in the name of protecting Australia's national security. At the same time, these organisations will have to deal with a society turned against itself in which differences of language, ethnicity and religion have become a frontier separating the included and protected from the excluded and feared. This paper will consider the impact of these trends and developments on third sector organisations committed to fostering a more tolerant, inclusive and cohesive Australian society. It will focus in particular on the likely implications of the national security legislation for the community legal sector. The sector is characterised by its commitment to the objective of improving access to justice and ensuring equality before the law for all Australian citizens and residents. It thus plays an important but largely unheralded role in protecting Australia's genuine national security from the potentially corrosive effects of the Government's national security and anti-terrorism legislation.
This paper will consider the manner in which Australia’s counter-terrorism strategy has been oper... more This paper will consider the manner in which Australia’s counter-terrorism strategy has been operationalised, highlighting the implications of its strategy for access to justice. Access to justice, encompassing the ability of individuals, including persons suspected of terrorism offences and non-suspects, effectively to exercise their human and legal rights, can be an important curb on state power. But, in another equally important sense, providing individuals with access to justice also protects national security by helping to ensure that the law enforcement and security agencies focus their efforts on genuine terror suspects rather than wasting their resources on investigating and prosecuting genuine non-suspects. Accordingly, access to justice in the context of counter-terrorism, and more broadly, involves such things as suspects’ (and, non-suspects’) enforceable rights: to be represented by competent, independent and affordable legal counsel (thus including the availability of a...
Privacy and individuals' ability to remain anonymous are important protections against persec... more Privacy and individuals' ability to remain anonymous are important protections against persecution, bullying, intimidation and retaliation. These can be perpetrated by other people, private businesses and, perhaps most seriously, the state and its police and intelligence agencies.
This paper reviews the scientific literature on needs assessment of individuals living in the com... more This paper reviews the scientific literature on needs assessment of individuals living in the community. Providing an overview of the field with a focus on capturing useful information for planning health interventions in the community, this paper will highlight: • The current policy context that underpins the importance of needs assessment in health care; • Key papers and basic theoretical concepts that can guide a coherent approach to community care needs assessment, including Bradshaw, 1972 and Stevens & Gabbay, 1991; • The development of semi-structured interviews in mental health as a focus for designing new tools with the Camberwell Assessment of Need (CAN) being the most well known; • How to deal with the organisational issues involved with the assessment of unmet need in the community; • The current evidence base for developing a national approach to needs assessment; • And a brief look at the latest self-reported needs assessment instruments.
This paper will investigate the effects of performance contracts on the governance of third secto... more This paper will investigate the effects of performance contracts on the governance of third sector organisations to which governments have outsourced responsibility for delivery of important human and welfare services. As governments have retreated from direct delivery of such services under the impetus of the New Public Management (NPM) reform agenda, they increasingly have had to rely on third sector organisations to play the role of service providers. From a public administration point of view, dominance of the purchaser/ provider funding and regulatory model has been one of the most significant results. Under this model, performance contracts or so-called ‘service agreements’ are used to manage the relationship between the government as purchaser of services and the service provider organisations. These contracts or agreements subject provider organisations to a strict funding, governance and accountability regime. The danger for many third sector organisations is that in strivi...
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Papers by Mark Rix