Alternative Law Journal

Abstracts, December 1997

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Volume 22 No 6 December 1997

Theme:

Passing the Buck

Articles:

Briefs

Travelling Brief

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Making Money

The Crown Casino in Melbourne has become the symbol of a cultural shift in Victoria, which is 'On the move' to being run like a business, its constituents the consumers. The government, a staunch promoter and supporter of the casino, and increasingly reliant on gambling revenue, has stepped back from taking responsibility for the adverse impacts on the community of gambling. Accountability and the government role of casino regulation also appear to have taken a back seat.

Who's holding the aces? Compulsive gambling and crime

The authors, noting that the gambling industry is one of the fastest growing sectors of the Australian economy, review the American research on links between gambling and crime and on the other social effects of compulsive gambling including domestic violence and suicide. The authors argue that because the research establishes a clear link Australian research is desirable -- but given the increasing dependence on gambling revenue, unlikely to be government sponsored.

Democracy and consuming interests: have Victorian households lost any real control over the price and quality of their electricity supply?

The sell-off of parts of the Victorian electricity industry is used in this article as a case study of how privatisation has seen democracy and the democratic rights of citizens being replaced by a conception of the community as consumers with more limited consumer rights. Research on the industry 'reforms' is reviewed, and does not support government claims that the industry is 'fully competitive' and has achieved expected efficiencies. The author argues that the pricing structure, in its distinction between domestic and large commercial users, has meant that households have 'gone guarantor' for privatisation.

Compensating the 'stolen generation'

The Commonwealth Government's refusal, following the release of the 'Bringing them Home' Report, to compensate the 'stolen generation' is considered against a background of the legal, moral and ethical arguments for compensation. The author makes comparisons with victims of crime compensation schemes and advances the argument for compensation through the victimology discipline. An administrative tribunal scheme is considered and advocated as the most appropriate method of implementation.

Back to the future: 25 years of Fitzroy Legal Service

In the year of the 25th anniversary of the Fitzroy Legal Service, the authors retrace the history of FLS, the social context which created it, and the Service's impact on the legal industry and on promoting social justice in the community. FLS workers and community leaders give their views on the role of the Service and the authors consider the challenges facing FLS if it is to be effective in the future. Arna Delle Vergini, gives the perspective of a volunteer at the Service, focuses on FLS's commitment to community participation and considers the effect of current efforts to reach the community in new ways.

Prison officers and the use of violence

In this article, the author, a lawyer and former prison officer at Pentridge, writes about the moral, violent order that prison officers create within a prison. Violence by prison officers, which occurs on a scale greater than is ever acknowledged publicly, is part of prison officers enforcing a moral code which is part of reinforcing the ideology of every prison that security and good order must be preserved. The author argues that that an ethical counter-culture needs to be developed within prisons to reduce the dehumanising processes which affect prison officers' decision making.

Same-sex relationships and the law

The Victorian Equal Opportunity Commission (EOC) released a discussion paper in 1997 focusing on same-sex relationships and the law; in particular the failure of the law to recognise same-sex relationships in almost all situations. This article analyses the four options proposed by the EOC to effect legal recognition of same-sex relationships: defacto recognition; piecemeal reform of all discriminatory legislation; a relationship register; and marriage. The author's suggested solution is a combination of defacto recognition and registration which, she contends, will avoid the under-inclusive features of both those systems.

Debating Wik

Jennifer Clarke's article critiques a recent addition to the spate of commentaries confirming the controversies raised by the High Court's Wik decision, The Wik Case: Issues and Implications (ed. Graham Hiley QC, Butterworths, 1997). She points out that the value of the book is limited due to a seemingly random selection of contributors, most of whom were involved in the litigation. Whilst the quality of the contributions is uneven, various writers raise interesting issues relating to the Wik decision and the doctrine of tenure, why pastoralists have panicked in view of the decision, how the mining industry has been affected by the 'right to negotiate' and the 'fast and loose' use of history by the judges in the decision. The article is also very useful in highlighting several problematic areas of the decision which have been raised by the contributors and not adequately discussed.

Briefs

Compensation: A new victim rhetoric in Victoria

Recent reforms to Victoria's criminal injuries compensation legislation mean that victims of crime will not be compensated for the pain and suffering resulting from criminal conduct. The author looks at the new scheme and considers the impact of the changes on the process of recovery for victims of crime.

International law: Confronting crimes against humanity

Former Filipino 'comfort women', after unsuccessfully seeking adequate compensation from the Japanese government, for their sexual enslavement by Japanese soldiers during World War II, have now sued the government in a Japanese court. The author considers the international legal aspects of the issue.

AND a Travelling Brief from New York City. Miranda Stewart reports on Mayor Giuliani's new 'zero tolerance' New York, and responses to its effect on NYC night life. She also reviews the consequences of a decision of the Fifth Circuit Court of Appeals which has declared a Law School affirmative action admission policy (based on race) unconstitutional -- a new threat to racial diversity in the legal profession?

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This page was prepared by members of the Alt LJ Committee.
Last updated: 02 June 1998
URL: http://www.austlii.edu.au/au/other/altlj/
Comments or suggestions on the pages to Liz.Boulton@law.monash.edu.au
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