Isabel Karpin

Terry Carney

Belinda Bennett

This book argues that the foundational terms and concepts, which form the basic building blocks of dialogue about health, are now in flux. While the forces in play differ, and the pace of change is varied, there is now a brave new world of health which characterises policy debate about health (and illness or disability). This permeates even the more narrow technical issues within clinical medicine, the law and medical science. This construction and reconstruction of health has important implications for the development of law and policy.

Brave New World of Health

This book explores the legal meaning of the radical new laws which have transformed the social security system in the last decade.It analyses legislation and case law and lays out the legal principles and concepts, which underpin the sweeping reforms, culminating in the 'welfare reform' package announced in the 2005 Budget. It also explores the policy foundations of these reforms and key administrative changes, such as the creation of a privatised 'job network' and of Centrelink as a 'payment agency' .This book also explores the tension between traditional 'protective' functions of social security and the contemporary focus on 'activation', reciprocity and 'capacity-building', and the extent to which social changes have altered the form of Australian welfare. It reviews the history and transformation of the welfare state, the ideas about the nature of poverty and need, and the policy choices to be made.Detailed case studies are made of the law and policy affecting key groups such as the unemployed, people with illness or disability, and sole parents, as well as the administration and review rights of welfare recipients, and the workings of income and means tests.

Social Security Law and Policy

David Tait

During the 1980s, Australia remade its 'adult guardianship' laws that governed people unable to manage their own affairs or property. The reforms embraced UN principles and took a common pattern with reformist North American and European countries - with one key exception. The rest of the world chose courts to administer the laws; Australia created specialist multi-disciplinary tribunals. This book compares the work of guardianship tribunals and courts and argues forcefully that Australia's adult guardianship experiment in popular justice is a success. Carney and Tait present work on the Australian tribunals in NSW and Victoria and compare them with overseas studies on courts (and the Family Court of Australia). On every measure tribunals outperform courts. They are more inclusive. They pay more attention to social context and functioning, and are better at incorporating the affected person into the hearing, striking an 'alliance' with them. Courts, by contrast, favour alliances with families and the medical profession. Even in areas where courts might be expected to perform better, they are less successful than the tribunals, collecting and testing evidence and avoiding unnecessary intervention.

Terry Carney

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