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In Singh v Commonwealth (‘Singh’), the High Court was presented with the question whether a person born in Australia can be considered an ‘alien’ for the purpose of s 51(xix) of the Constitution (‘naturalization and aliens’). In a 5:2 decision the Court rejected the plaintiff's argument that birth in Australia necessarily accorded her the status of non-alien and thus a constitutional nationality which could not be displaced by legislative reliance on other heads of power. The decision is important, both for its elucidation of Parliament's scope to regulate Australian citizenship — the subject of a series of important cases over the last two decades involving strong dissents and two reversals in approach — and for its consideration of principles of constitutional interpretation.
While statelessness remains a global phenomenon, it is a global issue with an Asian epicentre. This chapter situates the book within the context and multi-disciplinary scholarship on statelessness in Asia by reviewing the causes, conditions and/or challenges of statelessness. It recognizes statelessness in this region as a phenomenon beyond forced migration and highlights the arbitrary and discriminatory use of state power in producing and sustaining statelessness. The chapter reviews the ‘state of statelessness’ in Asia, including applicable international, regional and national legal frameworks. It also maps some of the core themes that emerge from the contributors’ examination of the causes and conditions of statelessness in Asia. These include: the relationship between ethnic, religious, cultural and linguistic diversity and statelessness; the legacies of colonialism; contemporary politics surrounding nation-building, border regimes and mobilities; as well as intersecting vulnerabilities. The chapter concludes with some preliminary thoughts on frameworks of analysis and future research agendas, including challenges and prospects for reform.
This interdisciplinary collection, edited by leading scholars, provides the first book-length treatment of statelessness in the region in which most stateless persons reside. This book fills a critical gap in understanding statelessness in Asia, offering a unique interdisciplinary and comprehensive set of perspectives. This book brings case studies and expertise together to explore statelessness in Asia, itself a diverse region, and offers new insights as to what it means to be, de facto and de jure, stateless. In identifying key points of similarities and divergences across the region, as well as critical nodes for comparisons, this book aims to provide fresh frameworks for comparative research in this area.
Most of the Ross Sea has been designated a marine protected area (MPA), proposed ‘to protect ecosystem structure and function’. To assess effectiveness, the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) selected Adélie (Pygoscelis adeliae) and emperor (Aptenodytes forsteri) penguins, Weddell seals (Leptonychotes weddellii) and Antarctic toothfish (Dissostichus mawsoni) as ecosystem change ‘indicator species’. Stable for decades, penguin and seal populations increased during 1998–2018 to surpass historical levels, indicating that change in ecosystem structure and function is underway. We review historical impacts to population trends, decadal datasets of ocean climate and fishing pressure on toothfish. Statistical modelling for Adélie penguins and Weddell seals indicates that variability in climate factors and cumulative extraction of adult toothfish may explain these trends. These mesopredators, and adult toothfish, all prey heavily on Antarctic silverfish (Pleuragramma antarcticum). Toothfish removal may be altering intraguild predation dynamics, leading to competitive release of silverfish and contributing to penguin and seal population changes. Despite decades of ocean/weather change, increases in indicator species numbers around Ross Island only began once the toothfish fishery commenced. The rational-use, ecosystem-based viewpoint promoted by CCAMLR regarding toothfish management needs re-evaluation, including in the context of the Ross Sea Region MPA.
This article used text mining processes to map continuity and change in policy principles of the National Disability Insurance Scheme (NDIS) in Australia and reflect on the underlying agendas of reform. Specifically, this research aimed to: (1) examine the substantive content of the NDIS legislative, operational and reform documentation, (2) assess changes in objects, principles and issues over time, and (3) discuss the implications of these shifting logics and agendas. To achieve this, text mining approaches were applied to ten key NDIS documents from 2011 to 2019.
The findings included a low prevalence of ‘rights’-based terminology, sustained attention to Scheme ‘costs’ but limited latterly attention to ‘sustainability’, and increasing prominence of interpersonal (e.g., ‘family’, ‘community’) and decision-making terminology (e.g., ‘decision’, ‘review’). How these shifts have influenced subsequent proposed reforms is explored and ongoing dilemmas about designing policy that ensures rights and entitlements, while balancing cost, sustainability and consistency are identified.
This article reviews the design and delivery features of individualised budgets for disabled and older adults to understand the mechanisms for disaggregation and collaboration in the way support is organised and delivered. Individualised funding is often assumed to be a fragmenting force, breaking down mass provision into personalised and tailored support and stimulating diverse provider markets. However, disability campaigners and policy makers are keen that it also be an integrative force, to stimulate collaboration such that a person receives a ‘seamless’ service. The article brings out these tensions within the individualisation of funding and support for older and disabled people in the United Kingdom and Australia, and considers whether there is scope for reconciling these dual forces.
The marketisation of disability support driven by individualised funding brings new dilemmas for multi-agency collaboration, in particular how to provide personalised supports while remaining commercially viable. This article explores the challenges, risks and adaptations of organisations to navigate the tensions of personalisation and collaboration. Framed by street-level research and using the context of Australia’s National Disability Insurance Scheme (NDIS), this article draws on interviews with twenty-eight organisational managers. Multi-agency challenges are highlighted when several providers are delivering parts of a NDIS participant’s plan, blurring organisational responsibilities and accountabilities. Interviews also revealed the paradox of organisational disconnection and organisational dependence concerning quality support provision and described the collaborative responses organisations implement to ensure their sustainability. There is commitment among organisations to build a trusted ecosystem of providers, but this is largely discretionary and there is a need for further policy mechanisms to enable organisations to negotiate a way through multi-agency dilemmas.