Volume 21 No. 5, October 1996
Australia's current immigration law and policy appears to be non-discriminatory at first glance. Its effect, however, is gendered and mothers and children are often discriminated against and separated from their children. This article examines the difficulties faced by the 'unlawful mother' with an Australian citizen child and the plight of women refugees.
An analysis of the development of employment-based maternity rights in Australia. The author discusses the new Maternity Allowance, arguing that it does not constitute maternity pay for working women as required by a number of international instruments. The article examines the difficulties presented by the comparability framework of the anti-discrimination legislation for arguing for improved maternity rights.
Recent amendments to the Family Law Act 1975 change the basis for making orders allocating parental responsibilities. The new amendments are underpinned by the goals of shared parenting and private agreement. While these goals may seem laudable, the amendments fail to address the social and economic disadvantage faced by many women. In some cases, the amendments may exacerbate the disadvantaged position of some women.
Homework has emerged as a major feature of the global economy. The International Labour Office has documented home-based work in Australia, Europe, North and South America, New Zealand, Canada, Africa, Indonesia, India, the Philippines and many other Asian countries. The majority of homeworkers are women, who are often the main income earner for the family. In Australia, refugee and immigrant women from non-English speaking backgrounds make up the majority of home-based clothing workers. In this article, Annie Delaney, an outwork co-ordinator with the Textile Clothing and Footwear Union of Australia raises some of the dilemmas outworkers in Australia are facing in ensuring they are working under adequate working conditions and for reasonable wages. The article highlights the possible impact of the proposed Industrial Relations Bill on outworkers, and a number of other measures including: the Senate Committee Inquiry held in 1996; the code of ethics being introduced by employers; and the Fair Wear Campaign that is being undertaken by unions and community groups to highlight the issues outworkers face.
The article looks at the availability of part-time work and the terms and conditions on which it is offered. Looking at European as well as Australian case law, it canvasses whether the indirect discrimination provisions of sex discrimination law could be used more proactively to press for the sort of working conditions many women with caring responsibilities want.
W v G (1996) 20 Fam LR 49 is a landmark decision of the NSW Supreme Court which held a lesbian co-mother liable to pay child support for the children raised within a lesbian relationship. It is a remarkable decision in that it finds a legal relationship of parenthood, in a sense of parental responsibility to support, regardless of biology or statute. However, it is not an unequivocally positive decision for lesbian families. Effectively, lesbian families have the right to sue each other and thereby save the state money on child support, but not much else.
Superannuation has been touted as the means whereby the majority of Australians will be financially provided for in their retirement. However, discriminatory practices in the superannuation industry mean that women are significantly disadvantaged. This article considers the way in which these practices affect women's potential economic security and looks at some options for the redressing the inequities.
This paper analyses the issues of judicial administration and judicial independence, in the Children's Court jurisdiction in Victoria. The paper argues that children are 'on the bottom of the pile' when legal resources and the relative importance of this jurisdiction is considered. A fresh commitment to children, and to the resourcing and independence of the Court, by government and community alike, is called for if legislative and international obligations to children are to be met.
There are five Working Women's Centres now operating around Australia, which provide free information, advice and support to women on their employment rights. Focusing on the NSW Working Women's Centre, the author analyses data on the most common enquiries, and examines some typical cases relating to maternity leave.
An examination of the impact of European law on maternity rights in Britain.
This item examines the burning issue of capsicum spray, the new weapon
introduced in 1996 in Victoria to improve police safety. Capsicum spray
has been used by California law enforcement agencies since 1992. However,
the American Civil Liberties Union Report and some manufacturers argue
that the use of capsicum spray has played a role in a number of subsequent
deaths. The San Francisco District Attorney's Office banned the use of
capsicum spray the day before it became available to Victorian police.
The Victorian Police Department, however, still maintains that capsicum
spray is safe and necessary for police safety.
| 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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