Institutional Abuse of Children: Legal Remedies and Redress in Australia, 2nd Edition

Institutional Abuse of Children: Legal Remedies and Redress in Australia, 2nd Edition

Author: B Madden; B Madden; T Cockburn

Publisher:

Published: 2023-05

Total Pages: 0

ISBN-13: 9780409355659

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Institutional abuse of children: Legal remedies and redress in Australia, 2nd edition examines the current compensation framework and the unique National Redress Scheme for historic child sexual abuse, which aims to be less formal and to involve less trauma for survivors. This new edition is timely. The legal framework has continued to develop at a rapid pace and additional legislation has been enacted across Australia. Features * Analyses the rapidly developing legal framework governing claims for compensation and redress arising out of sexual abuse of children in institutional settings in Australia * Examines the relationship between the National Redress Scheme and civil claims * Provides a practical understanding of how to work through the intersecting laws and redress systems to best advise clients Related Titles * Young, Kenny & Monahan (editors), Children and the law in Australia, 2016


Institutional Abuse of Children

Institutional Abuse of Children

Author: Bill Madden

Publisher:

Published: 2019

Total Pages: 203

ISBN-13: 9780409350616

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Institutional abuse of children: Legal remedies and redress in Australia examines the recently amended 'common law' framework. These reforms include removal of limitation periods, reversal of the onus of proof, extending vicarious liability to persons akin to employees, requiring institutions to identify a proper defendant when necessary, and permitting some earlier settlements and judgements to be revisited. The unique fixed term National Redress Scheme for historic child sexual abuse in institutional settings is also examined, in the context of the underlying policy to offer an alternate redress pathway which aims to be more flexible, less formal, faster, cheaper, and involving less trauma and conflict for survivors. As the first detailed analysis of the new legal framework relating to compensation and redress for child sexual abuse in Australia, this book makes an original contribution to knowledge and understanding of the law in this complex area, which continues to develop at a rapid pace as additional legislation is enacted across Australia and as the courts begin to construe these new legislative provisions. Features ¿ Analyses the new legal framework governing claims for compensation and redress arising out of sexual abuse of children in institutional settings in Australia ¿ Examines the relationship between the National Redress Scheme and civil claims ¿ Provides a practical understanding of how to work through the intersecting laws and redress systems to best advise clients


Image-based Sexual Abuse

Image-based Sexual Abuse

Author: Nicola Henry

Publisher: Routledge

Published: 2020-06-11

Total Pages: 206

ISBN-13: 1351135139

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This book investigates the causes and consequences of image-based sexual abuse in a digital era. Image-based sexual abuse refers to the taking or sharing of nude or sexual photographs or videos of another person without their consent. It includes a diversity of behaviours beyond that of "revenge porn", such as the secret trading of nude or sexual images online; "upskirting", "downblousing" and other "creepshots"; blackmail or "sextortion" scams; the use of artificial intelligence to construct "deepfake" pornographic videos; threats to distribute photographs and videos without consent; and the taking or sharing of sexual assault imagery. This book investigates the pervasiveness and experiences of these harms, as well as the raft of legal and non-legal measures that have been introduced to better respond to and prevent image-based sexual abuse. The book draws on groundbreaking empirical research, including surveys in three countries with over 6,000 respondents and over 100 victim-survivor and stakeholder interviews. Guided by theoretical frameworks from gender studies, sociology, criminology, law and psychology, the authors argue that image-based sexual abuse is more commonly perpetrated by men than women, and that perpetration is higher among some groups, including younger and sexuality minority men. Although the motivations of perpetrators vary, a dominant theme to emerge was that of power and control. The gendered nature of the abuse means that it is best understood as a "continuum of sexual violence" because victim-survivors often experience it as part of a broader pattern of gendered harassment, violence and abuse. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, law and psychology. Image-based Sexual Abuse is also an essential resource for activists, legal and policy practitioners, technology companies and victim-survivors seeking to understand the deeply complex nature of intimate-image sharing in a digital era.


Australian Medical Liability

Australian Medical Liability

Author: Bill Madden

Publisher:

Published: 2013

Total Pages: 373

ISBN-13: 9780409333282

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Australian Medical Liability is a comprehensive handbook focusing on medical liability in the context of the civil liability legislation across Australia. This thoroughly revised second edition provides a detailed and in depth commentary on the elements of medical liability caselaw and legislation.


Freedom of Speech in the Western World

Freedom of Speech in the Western World

Author: Anthony Gray

Publisher: Rowman & Littlefield

Published: 2019-10-04

Total Pages: 307

ISBN-13: 1498581994

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The United States Bill of Rights was groundbreaking in providing constitutional recognition to freedom of speech. In the past century the Supreme Court has decided hundreds of cases concerning free speech, providing an established system of jurisprudence to analyze free speech cases. This book explains the development in the US case law and compares it to developments in similar jurisdictions such as Canada, Australia, and the United Kingdom, and Europe. Anthony Gray critiques the jurisprudence of each nation studied, while noting some important similarities and differences in terms of how free speech is protected in the Western world, what causes these differences, what one system might learn from others, and whether convergence in approach can be expected.


The Causes and Context of Sexual Abuse of Minors by Catholic Priests in the United States, 1950-2010

The Causes and Context of Sexual Abuse of Minors by Catholic Priests in the United States, 1950-2010

Author: Karen J. Terry

Publisher: U.S. Conference of Catholic Bishops

Published: 2011

Total Pages: 143

ISBN-13: 9781601372017

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This report outlines the results of an empirically based study of the causes and context of the phenomenon of sexual abuse of minors by Catholic priests in the United States between 1950 and 2010. It is the second of two studies produced by researchers at John Jay College of Criminal Justice about sexual abuse by Catholic priests. ... This second study (the Causes and Context study) sought to understand why the sexual abuse of minors by Catholic priests occurred as it did by integrating research from sociocultural, psychological, situational, and organizational perspectives.


Health Care and the Law

Health Care and the Law

Author: Rebecca Keenan

Publisher: Thomson Brookers

Published: 2010-01-01

Total Pages: 569

ISBN-13: 9780864726858

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Health Care and the Law 4th Edition is recognised as one of the leading texts setting out the basic principles of health care law in New Zealand. This book is an easy-to- understand, practical and uncomplicated account of health care law, making it an essential text for health practitioners, lawyers and students. Since 2004 when the 3rd edition of this book was published, there have been a number of legislative changes in the area of health law. This edition keeps you current with these changes, with updates made to all chapters. The inclusion of relevant case law also provides readers a greater understanding of the practicalities of the law, how it has been applied and how it may relate to them.


Implementation Handbook for the Convention on the Rights of the Child

Implementation Handbook for the Convention on the Rights of the Child

Author: Rachel Hodgkin

Publisher: United Nations Publications

Published: 2007

Total Pages: 787

ISBN-13: 9789280641837

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"The Handbook aims to be a practical tool for implementation, explaining and illustrating the implications of each article of the Convention on the Rights of the Child and of the two Optional Protocols adopted in 2000 as well as their interconnections."--P. xvii.


The National Disability Insurance Scheme Handbook

The National Disability Insurance Scheme Handbook

Author: Bill Madden

Publisher:

Published: 2013

Total Pages: 319

ISBN-13: 9780409336818

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The National Disability Insurance Scheme Handbook written by Bill Madden, Janine McIlwraith and Ruanne Brell examines the NDIS from the viewpoint of a person seeking to access the NDIS and those advising or assisting them. The three key criteria are examined, along with the powers of the NDIS Chief Executive Officer and the scop.


C. Henry Kempe: A 50 Year Legacy to the Field of Child Abuse and Neglect

C. Henry Kempe: A 50 Year Legacy to the Field of Child Abuse and Neglect

Author: Richard D. Krugman

Publisher: Springer Science & Business Media

Published: 2012-07-13

Total Pages: 275

ISBN-13: 9400740840

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The book series, “Child Maltreatment: Contemporary Issues in Research and Policy.” will consist of a state of the art handbook (to be revised every five years) and two to three volumes per year. The first volume in this series is a legacy to C. Henry Kempe. This is a timely publication because 2012 marks 50 years after the appearance of the foundational article by C. Henry Kempe and his colleagues, “The Battered-Child Syndrome.” This volume capitalizes on this 50 year anniversary to stand back and assess the field from the perspective that Dr. Kempe’s early contributions and ideas are still being played out in practice and policy today. The volume will be released at the next ISPCAN meeting, also in 2012.