Organizational change in Canadian public institutions: The implementations of GBA+ in DND/CAF

In 2016, the Department of National Defence (DND) and the Canadian Armed Forces (CAF) committed to the adoption of a Gender‐Based Analysis Plus (GBA+) toolkit across the forces. This article finds that the organizational culture of DND/CAF has helped them to adapt to this new policy approach, but that learning and transformation are not occurring. Based on DND/CAF documents, published internal DND/CAF studies, participant observation, interviews, surveys, and focus groups with DND/CAF staff, this article suggests that internal efforts to adjust to GBA+ continue to be challenging because of organizational culture.     

Justice in Medicare: recent changes to the public health care system

This article sets out and examines a number of changes proposed by the Commonwealth Government to the Australian Medicare system as part of the 2003-2004 and 2004-2005 federal budgets, and the 2004 federal election campaign. In assessing the suitability of these reforms, the idea of justice is discussed. Health, as a basic good, is argued to be a matter of distributional and rectificatory justice. A number of popular material principles of justice are also examined and shown to be unsuited as sole determinants of health care resource allocation decisions. In light of this, various problems with the reforms are identified and improvements suggested.     

The Symbiosis of Property and English Environmental Law – Property Rights in a Public Law Context

This article argues that environmental regimes entailing considerable administrative discretion are now serving to contextualise and partly to constitute property rights in English law. In particular, rights to use land are ‘democratised’ to varying degrees through the administration of environmental regulation, and are adapted to land‐use problems on an evolving basis. In return, property rights affect environmental regulation, through legal protections for property interests, although the nature of the discretion exercised within environmental regimes seems to determine the kind and extent of this symbiotic influence. As a result, environmental law challenges property scholars to reflect on the impact of administrative decision‐making on property rights, conceptually, doctrinally and in terms of its legitimacy. At the same time, environmental lawyers need to take seriously the nature and legal treatment of property rights in the application and analysis of modern environmental law.     

Time for a change: applying the good lives model of rehabilitation to a high-risk violent offender

In this article we operationalise the theoretical concepts of the Good Lives Model (GLM) of offender rehabilitation by providing a step-by-step framework for assessment, formulation, treatment planning, and monitoring with a high-risk violent offender residing in the community. The case study illustrates how the GLM can be applied to complement and enhance traditional Risk-Management interventions and shows how the GLM's clinical relevance extends from sex offending to broader offending typologies.     

Geophysics and the search of freshwater bodies: A review

Geophysics may assist scent dogs and divers in the search of water bodies for human and animal remains, contraband, weapons and explosives by surveying large areas rapidly and identifying targets or environmental hazards. The most commonly applied methods are described and evaluated for forensic searches. Seismic reflection or refraction and CHIRPS are useful for deep, open water bodies and identifying large targets, yet limited in streams and ponds. The use of ground penetrating radar (GPR) on water (WPR) is of limited use in deep waters (over 20 m) but is advantageous in the search for non-metallic targets in small ditches and ponds. Large metal or metal-bearing targets can be successfully imaged in deep waters by using towfish magnetometers: in shallow waters such a towfish cannot be used, so a non-metalliferous boat can carry a terrestrial magnetometer. Each device has its uses, depending on the target and location: unknown target make-up (e.g. a homicide victim with or without a metal object) may be best located using a range of methods (the multi-proxy approach), depending on water depth. Geophysics may not definitively find the target, but can provide areas for elimination and detailed search by dogs and divers, saving time and effort.     

Legislating Dangerously: Bad Samaritans,Good Society,and the Heroism Act 2015

The Social Action, Responsibility and Heroism Act 2015 is a troublesome statute. The Act requires that, when considering a claim brought against a defendant in negligence or for breach of statutory duty, the court must assess whether that party was ‘acting for the benefit of society or any of its members’ (section 2), or ‘demonstrated a predominantly responsible approach towards protecting the safety or interests of others’ (section 3), or was ‘acting heroically’ (section 4). However laudable the Coalition Government's attempts to foster a ‘Big Society’ might have been, this enactment was not the proper vehicle to achieve it. Some provisions merely repeat longstanding common law principles. Others may have been intended to amend the common law to encourage ‘good citizenship’, but fall well short of that aim. And some aspects of the Act's drafting have the (perhaps unintended) potential to sit uncomfortably with established common law negligence principles.     

Transnational policy influence and the politics of legitimation

Many domains of transnational policy are now governed through dynamic, multilevel governance processes, encompassing transnational, national, and subnational scales. In such settings, both membership of policy communities and distributions of authority within them become more fluid and openly contested—increasing the importance of the politics of legitimation as a basis for distributing influence over policy processes and outcomes. Drawing on insights from theories of organizational and institutional legitimation, this article theorizes three distinctive strategies of policy influence exercised by transnational actors in multilevel governance settings, through which strategic efforts to legitimize transnational actors and forums are deployed as means of transnational policy influence. The three strategies involve: transnational field building, localized network building, and role adaptation. The effects of these influencing strategies on policy processes and outcomes are illustrated with reference to the case of Indonesian land governance, in which highly dynamic, contested, and multiscalar governance processes lend our theorized strategies particular salience.     

“It’s Like Standing on a Beach,Holding Your Children’s Hands,and Having a Tsunami Just Coming Towards You”: Intimate Partner Violence and “Expert” Assessments in Australian Family Law

The ways in which postseparation parenting disputes are managed has undergone significant change in Australia since the Family Law Act (Cth) was first enacted in 1975. The best interests of children have always been paramount in children’s cases and over the last 20 years, this concept has been legislatively shaped to include ongoing beneficial post separation parental relationships and protection from harm. A critical piece of evidence to inform a Family Court’s decision making in such matters is a family report, which is an expert assessment compiled by a social science professional. The authors report findings from an Australian based qualitative study exploring the experiences of family report assessment practice from the perspective of victim mothers who have separated from men who perpetrate intimate partner violence. The authors conclude that reforms are necessary to improve the practice and procedure of family report writing in Australia. Such reforms should ensure that the lived experience of victims of intimate partner violence is validated, assessment processes have victim efficacy, and the outcomes of such reports do not put women and their children at ongoing risk of harm.