The Canadian charter and the protection of international human rights

B.A., University of Alberta 1960; LL.B., University of Alberta 1961; LL.M., University of California at Berkeley 1963.     

ACCESS TO SERVICES: ETHNICITY IN AUSTRALIAN GOVERNMENT ADMINISTRATION

Abstract: This paper starts from an argument, developed by Jean Martin in 1978, which links recent ethnic differentiation of the activities and structures of our major institutions with an underlying social redefinition of migrants. It then extends Martin's analysis in the particular context of the service activities of one of the major line departments of Australian government — the Department of Social Security. It is argued that the accommodation of ethnic considerations within the daily activities of administration has occurred largely through the concept of "access to services". Using this concept, administrators have been able acceptably to define the problem of ethnic disadvantage and to develop programs which approach its solution. The formula has been applied to Aboriginal as well as migrant disadvantage and reasons for the similarity of approach are considered briefly. A range of recent initiatives which make reference to the migrant and Aboriginal clienteles of government are considered — in particular, DSS services, namely language services, migrant and Aboriginal public contact staffing, information services and advocacy/agency programs. All of these are seen within administration, as approaches to the "access" problem. The final section comments on the general characteristics of this "access" formula and on its success in both accommodating ethnic claims of disadvantage and reinforcing administrative commitments to universalism.     

Working positively with sexual offenders: maximizing the effectiveness of treatment

In this article, the authors draw on literatures outside sexual offending and make suggestions for working more positively and constructively with these offenders. Although the management of risk is a necessary feature of treatment, it needs to occur in conjunction with a strength-based approach. An exclusive focus on risk can lead to overly confrontational therapeutic encounters, a lack of rapport between offenders and clinicians, and fragmented and mechanistic treatment delivery. The authors suggest that the goals of sexual offender treatment should be the attainment of good lives, which is achieved by enhancing hope, increasing self-esteem, developing approach goals, and working collaboratively with the offenders. Examples are provided of how these targets may be met. When this is done within a therapeutic context where the treatment providers display empathy and warmth and are rewarding and directive, the authors suggest that treatment effects will be maximized.     

Expert Evidence,Judicial Reasoning,and the Family Courts Information Pilot

The Family Courts Information Pilot took a modest step towards open justice in Children Act cases by publishing 161 judgments of the County Courts and Family Proceedings Courts. Combining socio‐legal and philosophical analysis on lines inspired by the work of Habermas, this article examines the epistemology of expert testimony implicit in the judgments. What emerges is a form of reasoning based on ‘inference to the best explanation’: judges seek to show that the best explanation for experts saying what they do is that they have good reasons for their opinions. While this approach is not blindly deferential, it has serious limitations in cases where the only experts are local authority social workers and the guardian, and an awareness of these limitations is one reason for the courts' willingness to allow other experts to be instructed. The article also criticizes the analysis of the courts’ use of experts by the recent Family Justice Review.