Co-design or top-down welfare conditionality? An analysis of the impact of Aboriginal and Torres Strait Islander submissions to six parliamentary inquiries into the Cashless Debit Card

The former Coalition Commonwealth Government consistently asserted that representative Aboriginal and Torres Strait Islander (hereafter Indigenous) organisations supported the introduction of the Cashless Debit Card (CDC) in multiple trial sites. Consequently, they depicted the CDC policy as an alleged exemplar of a co-designed policy model based on partnership with Indigenous community groups. This article examines the validity of this argument by analysing the views expressed by Indigenous organisations via written and oral submissions to the six parliamentary inquiries into the CDC from 2015 to 2020. Our findings suggest that with the exception of the first inquiry, most Indigenous submissions opposed the introduction or the expansion of the CDC. Yet, these critical views received only limited acknowledgement in the inquiry reports, and seem to have little or no impact on government policy concerning the CDC. It appears that the CDC policy is more accurately identified as a top-down policy imposed by government on local Aboriginal communities which, with some exceptions, neither requested nor consented to the policy.     

Legal Outcomes of Suspected Maltreatment Cases Evaluated by a Child Abuse Pediatrician as Part of a Multidisciplinary Team Investigation

Child abuse pediatricians often carry the stigma that their sole role is to diagnose maltreatment. In reality, child abuse pediatricians use their clinical experience and current evidence-based medicine to make the best medical diagnoses for the children they evaluate. To better understand the legal conclusion of suspected maltreatment cases with medical examinations, this study sought to: (i) evaluate the percentage of children seen for suspected maltreatment that led to a clinical diagnosis of maltreatment, (ii) determine the number and type of criminal charges associated, and (iii) analyze the legal outcomes of cases as they proceeded through the judicial system. This study retrospectively reviewed the legal outcomes of 1698 children medically evaluated in 2013–2014 as part of an investigation by a multidisciplinary team at a children’s advocacy center in a mid-sized city in Oklahoma. Data were collected from electronic medical records, the district attorney’s office, and a public court docket. Of the original cohort, 477 (28.09%) children yielded a medical diagnosis of at least one type of maltreatment. Further analysis yielded 115 unique court cases involving 138 defendants and 151 children. A total of 286 charges were filed resulting in 190 convictions. While maltreatment allegations yield a high number of children that must be evaluated, a comprehensive medical evaluation helps determine which cases do not have sufficient medical findings for a diagnosis of maltreatment. The findings in this study indicate that a majority of suspected maltreatment cases seen by child abuse pediatricians did not result in criminal court outcomes.     

The Use of Discretion in a Rule-Bound Service: Housing Benefit Administration and the Introduction of Discretionary Housing Payments in Great Britain

This paper is concerned with how administrators in the Housing Benefit (HB) service in Great Britain have reacted to the discretionary powers given to local authorities as a result of the introduction of Discretionary Housing Payments (DHPs). DHPs can be awarded to HB claimants deemed to require additional assistance with their housing costs. The paper first argues that the HB service can be categorized as 'rule-bound' before outlining the DHP regime and the nature of the discretion that it affords HB administrators. A brief review of the literature on discretionary decision making in public service organizations suggests four propositions in respect of DHP decision making. The paper then seeks to test these propositions. It concludes that in general HB administrators do not appear to have experienced the difficulties associated with discretionary decision making in rule-bound services that might have been expected on the basis of previous work in this field.     

A reponse to paramilitary policing in Northern Ireland

This essay arises from the experiences of a practitioner who has, until recently, managed a project offering services to those under threat from paramilitary organisations. This essay is divided into two sections. The first section offers an overview of the ideologies and practices of Loyalist and Republican paramilitaries regarding informal justice. The second section examines the problems of intervention with those under threat and the insights offered by an analysis of the project’s casework. NIACRO