Adjudicating reasonable and necessary funded supports in the National Disability Insurance Scheme: A critical review of the values and priorities indicated in the decisions of the Administrative Appeals Tribunal

Beyond the initial euphoria of the National Disability Insurance Scheme (NDIS), tough choices will be needed for sustainability. Although the spirit of the NDIS is to deliver choice and control, the Australian government's objective is to ensure that rights and aspirations are proportionate to expectations of best practice, aptness of mainstream services and cost effectiveness. The position in this paper is that this test of ‘reasonable and necessary’ when determining funded supports, raises value dilemmas for government and citizens. The objective is to demonstrate this through a critical scrutiny of the reviews and decisions regarding reasonable and necessary funded supports of the Administrative Appeals Tribunal (AAT). In this paper, a synthesis and critique of 35 appeals to the AAT and one Federal Court Appeal are used to make explicit the decisional ambiguities and contestations in the scheme and the values and priorities that are currently dominant in the allocation of reasonable and necessary support. This in turn is used as a basis for a discussion about the operation of rights in the scheme and what counts as legitimate support. The benefit is for scheme transparency and fairness but also broader debate about core principles and values to inform decisions about scarce resources in society.     

‘I live off this land:’ Tahltan women and activism in northern British Columbia

Tahltan territory of northern British Columbia has been flooded with some of the largest industrial extractive projects in the world. One critical point of conflict is centered on how Canada legislates and regulates access to lands without regard to Indigenous sovereignty. This article illustrates the centrality of gender to such struggles. It argues that historic forms of dispossession paved the way for these contemporary threats to Indigenous territories. It offers a case study on how an aspect of colonial policy—the trapline registration system established in early twentieth-century Canada—prioritized white trappers and registered Indian traplines in ways that were at odds with Tahltan matriarchal systems of governance and land management. Despite colonial attempts to undermine the Tahltan’s relationship to their land and to reorder it according to gender norms, Tahltan women have adamantly revitalized and exercised their matriarchal authority to fulfill their role as protectors of lands and water.     

(In)civility and online deliberation: readers’ reactions to race-related news stories

Reacting to an increase in gratuitous racist and sexist comments made by readers in response to online articles, media outlets in South Africa have begun closing down their comments sections, an action that has been repeated many times over across the globe. After a particularly abusive tirade against a young women who wrote an article about being black in Cape Town, Independent Media established an advisory panel in 2014 to investigate the nature of user-generated content (UGC) on their news site, Independent Online (IOL). One of the panel’s recommendations was that what is meant by “uncivil” discourse on online news sites be delineated more accurately and narrowly. Employing computer-mediated discourse analysis, we explore the nature of civility and incivility generated by readers of online news. We look at readers’ posts in response to race-based topics and uncover the complexities inherent in describing both (in)civility and deliberative discourse precisely. Our sample is drawn from the South African newspaper Mail & Guardian Online, one of the few national media establishments that permitted user comments during our data collection phase.