Law and Poverty in Australia


Book Description

Report on law in Australia affecting the legal status of the aboriginal indigenous peoples and other poverty-stricken of socially disadvantaged individuals - comments on availability of legal aid for the poor, examines the legal situation of the poor with regard to tenancy, consumer credit and indebtedness, social security, criminal law and court procedures affecting children, etc., and includes recommendations. References.




Thinking about Poverty


Book Description

Thinking about Poverty provides a critical understanding of poverty in the global context: how global structures affect people in Australia and the way policy-makers respond. In the midst of waning public interest, the book fills an important gap in the current public discourse on poverty and covers:the extent of poverty and unprecedented wealth and income inequality across the world, including Australia;why neoliberalism remains at the heart of mainstream global discourse and continues to shape public policy;how a deregulated and speculative global economy creates massive private and public debt, undermining the real economy, employment and wage growth;why neoliberalism still influences national governments to implement further privatisation, deregulation and other neoliberal policies which implement corporate tax cuts, and re-distribution of wealth and income upwards, while at the same time reducing welfare provisions that exacerbate poverty, social disadvantage and inequality;the pivotal role and importance of the welfare state to alleviate some of the excesses of neoliberal capitalism;individualised and structural theories that try to explain the existence of poverty;mainstream and alternative poverty definitions which are not based solely on economic measurements; andthe impact of public policy on various groups, including Aboriginal people, the unemployed, the mentally ill, older Australians, people with disabilities, women and families.Thinking about Poverty argues that the quality of any society must be judged by its values and norms; that without a just and decent moral code, humanity is unlikely to be able to survive the social, economic and political challenges ahead. Having large numbers living in deprived conditions, while a few live in extraordinary luxury is clearly not just - nor is it morally defensible. The book therefore concludes that political leaders are liable to lose the legitimacy to govern if they continue the current course of governing for a chosen few rather than for the overall common good.Not just a critique, Thinking about Poverty puts forward a range of policy strategies and alternative economic thinking. With contributions from academics and practitioners, the book makes a contemporary and accessible contribution to discourse about poverty in Australia.Contributors: Robert Bland, Andreas Cebulla, Benno Engels, Sue Green, Paul Harris, Ilan Katz, Helen Kimberley, Sonia Martin, Ruth Phillips, Eric Porter, David Rose, Klaus Serr, Karen Soldatic, Ben Spies-Butcher, Frank Stilwell and David Sykes.




Law and Poverty in Australia


Book Description

The publication of the Poverty Commission's Law and Poverty in Australia Report (the Sackville Report) in 1975 was a landmark event in the history of Australian law reform. Since that time, and as Australia has become a more unequal society, there has been no systematic overview of the inter-relation between law and poverty in Australia. This book attempts to fill the gap by bringing together a range of experts from civil society, the legal profession and academe, including the disciplines of law, social science and criminology.The book provides an inventory of progress made over the past four decades with regard to the many proposals contained in the original Law and Poverty Report. The overall conclusion is that the scorecard is uneven. Substantial implementation of the reforms has occurred in many areas, such as consumer and tenancy law. Despite initial progress in other areas, such as tax law, legal aid and social security, there has been deterioration. It also highlights some important aspects of poverty and law not contained in the original Report: the intersection of the experiences of LGBTI people, poverty and law; the international dimension of law and poverty in light of globalisation; and the critical importance of tax rules in relation to poverty. The book concludes by identifying critical areas for reform to address the legal problems that poor people confront. They include: cuts to legal aid and community legal centre funding; security of tenure for residential tenants; redistribution of the tax burden; regulation of the power of government agencies, such as social security and the police; and greater security in the sphere of employment law.In the media...Justice Ronald Sackville, Vicki Sentas, Professor Brendan Edgeworth and Scarlet Wilcock on ABC Radio National, Law Report with Damien Carrick_16 May 2017 Listen to interview...Law and Poverty in Australia: 40 years after the Poverty Commission, Inside UNSW Law, Issue 3, 2017_19 May 2017 Read article...




Poverty Alleviation and Environmental Law


Book Description

'The alleviation of poverty and the protection of the environment are both critical challenges for the vindication of basic human rights for all of humankind. This relationship is however not necessarily an easy one. While there is an inextricable link between poverty and the degradation of the environment, a sophisticated analysis of a problem needs to deal with those cases where the need to increase economic opportunity for poor communities may appear to conflict with fragile ecosystems or the preservation of traditional practices. This collection provides the most sustained engagement with these problems. Drawing on the expertise of a range of distinguished authors, this book presents the reader with an integrated global engagement with these problems. In doing so, it represents a landmark effort towards the creation of a coherent literature to deal with one of humankind's most pressing challenges.' – Dennis Davis, Judge of the High Court, South Africa 'The complex, uneven and challenging relationships between poverty alleviation and environmental regulation are impossible to trace in a single book but this collection brings a carefully selected set of policy-relevant, context-responsive, practical legal analyses to bear in a fresh examination of the present and future challenges involved. This is a timely contribution in the search for regulatory responses that alleviate rather than exacerbate the myriad forms of adaptation apartheid now so painfully evident in the relationship between poverty, injustice and environmental degradation.' – Anna Grear, University of Waikato, New Zealand 'The subject of poverty cannot be ignored by environmentalists as the poor are the most affected by the diverse impacts of environmental degradation and climate change such as on water, natural resources and cultural heritage sites. In addition, slum dwellings exacerbate the plight of the poor. The book is a collection of diverse topics by renowned environmental legal experts which deal with the relationship between the alleviation of poverty and the protection of the environment. Each writer addresses the challenges raised in various issues and recommends solutions which range from linking with human rights, the need for public participation, the role of environmental courts and other mechanisms.' – Koh Kheng-Lian, National University of Singapore This timely book explores the complex relationship between the alleviation of poverty and the protection of the environment. There is every reason to believe that these issues are in many ways interdependent. However this book demonstrates that there are situations where alleviation of poverty and the protection of the environment appear to be in a fraught relationship. The contributing authors illustrate that the role played by law in this relationship, whether at the international or national level, will vary depending on the situation and will be more successful at pursuing environmental justice in some cases than in others. This interdisciplinary study will appeal to academics and students in environmental law and other environmental disciplines, environmental policymakers and NGOs interested in issues of poverty, environment and indigenous peoples.




Legal Australia-wide Survey


Book Description

"The Legal Australia-Wide Survey (LAW Survey) provides the first comprehensive quantitative assessment across Australia of an extensive range of legal needs on a representative sample of the population. It examines the nature of legal problems, the pathways to their resolution, and the demographic groups that struggle with the weight of their legal problems." -- Law and Justice Foundation of N.S.W. website.




Reshaping Legal Assistance Services


Book Description

This report draws on more than a decade of empirical research evidence - together with current experience of service providers - to inform the design and delivery of efficient and effective legal assistance services.







No Child. . . . .


Book Description




By the People, for the People?


Book Description

This study is part of a research program undertaken by the Law and Justice Foundation of New South Wales concerning the access to justice and legal needs of disadvantaged people in New South Wales. The specific aims were to investigate: (1) how law reform in New South Wales occurs; (2) what opportunities and constraints there are for public participation in law reform, directly and through representative bodies; (3) what particular constraints there are for the participation of disadvantaged people in law reform and; (4) the implications of these findings for law reform in New South Wales. Particular attention is paid throughout the report to the participation needs of disadvantaged people and civil society organisations (CSOs).




Poverty and the International Economic Legal System


Book Description

With a focus on how trade, foreign investment, commercial arbitration and financial regulation rules affect impoverished individuals, Poverty and the International Economic Legal System examines the relationship between the legal rules of the international economic law system and states' obligations to reduce poverty. The contributors include leading practitioners, practice-oriented scholars and legal theorists, who discuss the human aspects of global economic activity without resorting to either overly dogmatic human rights approaches or technocratic economic views. The essays extend beyond development discussions by encouraging further efforts to study, improve and develop legal mechanisms for the benefit of the world's poor and challenging traditionally de-personified legal areas to engage with their real-world impacts.