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Abstract from

Redesigning the Northern Territory Emergency Response Social Welfare Reform and Non-Discrimination

Peter Billings (LLB (Hons), PhD (Soton)) is a Senior Lecturer in Law at the TC Beirne School of Law and a Fellow of the University of Queensland’s Centre for Public, International and Comparative Law.

Dr Anthony E Cassimatis (BA, LLB (Hons) (Qld), LLM (Cantab), PhD (Qld)) is a Senior Lecturer at the TC Beirne School of Law and is a Fellow of the University of Queensland’s Centre for Public, International and Comparative Law.

This article focuses on the Commonwealth’s ‘needs-based’ approach to welfare reform: first, by analysing the progressive application and justification for income management, and the new legal framework for administering social welfare with reference to Australia’s international law obligations; and, secondly, by critically examining Australia’s legal obligations relating to the proscription of racial discrimination and whether income management is now consistent with those obligations. Additionally, the article addresses the contentious issues arising in respect of the meaning and application of ‘special measures’ – an issue that may become the subject of litigation given that many aspects of the revised intervention (and Cape York welfare reforms) are so characterised.

(2009) 27(2) Law in Context 58

   
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