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This short paper is concerned, first, to examine the significance in a particular case of statistical evidence; secondly, to examine what it means to prove a fact on ‘the balance of probabilities’; and finally to examine the significance of relying on statistical evidence to establish an accused person’s age in the context of s 236B of the Migration Act 1958 (Cth).

An age of uncertainty Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children Appendix 6: Responses to Inquiry report – Attorney-General’s Department, Australian Federal Police and Commonwealth Director of Public Prosecutions (See PDF documents available for download from http://www.humanrights.gov.au/ageassessment/report/responses.html…

An age of uncertainty Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children Appendix 7: Acknowledgements President Catherine Branson QC Inquiry team Kate Temby, Danielle Noble, Freyana Irani, Vanessa Lesnie, Susan Newell, Amy Rogers Legal Graeme Edgerton, Michelle Lindley Communications Louise McDermott, Leon Wild Information…

This report is about two distinct subject matters. The first of these is the welcome move by the Australian Government to transfer increasing numbers of asylum seekers, refugees and stateless persons into community arrangements. The second is the situation of people who remain in immigration detention facilities with little or no prospect of being released.[1]

Recommendation 2: The need to detain should be assessed on a case-by-case basis taking into consideration individual circumstances. That assessment should be conducted when a person is taken into immigration detention or as soon as possible thereafter. A person should only be held in a closed immigration detention facility if they are individually assessed as posing an unacceptable risk to the…

Community arrangements for asylum seekers, refugees and stateless persons Observations from visits conducted by the ºÚÁÏÇ鱨վ from December 2011 to May 2012 Back to Contents 1 Summary 2 Recommendations 3 Introduction 4 Australia’s mandatory detention and excision regime 5 Community arrangements for asylum seekers, refugees and stateless persons 6 Some barriers to use…

Community arrangements for asylum seekers, refugees and stateless persons Observations from visits conducted by the ºÚÁÏÇ鱨վ from December 2011 to May 2012 Back to Contents 1 Summary 2 Recommendations 3 Introduction 4 Australia’s mandatory detention and excision regime 4.1 The origins and impact of mandatory immigration detention and excision 4.2 Recent developments…

There are a host of benefits associated with community arrangements for asylum seekers, refugees and stateless persons. Community arrangements are more closely aligned with international human rights law and standards than models of indefinite closed immigration detention. They also provide for far more humane treatment of people seeking protection.

Community arrangements for asylum seekers, refugees and stateless persons Observations from visits conducted by the ºÚÁÏÇ鱨վ from December 2011 to May 2012 Back to Contents 1 Summary 2 Recommendations 3 Introduction 4 Australia’s mandatory detention and excision regime 5 Community arrangements for asylum seekers, refugees and stateless persons 6 Some barriers to use…

Community arrangements for asylum seekers, refugees and stateless persons Observations from visits conducted by the ºÚÁÏÇ鱨վ from December 2011 to May 2012 Back to Contents 1 Summary 2 Recommendations 3 Introduction 4 Australia’s mandatory detention and excision regime 5 Community arrangements for asylum seekers, refugees and stateless persons 6 Some barriers to use…

Encourage. Support. Act! Bystander Approaches to Sexual Harassment in the Workplace Back to Contents Foreword Executive summary Introduction Part 1: Sexual harassment: an overview Part 2: Sexual harassment from the perspective of bystanders Part 3: The motivations and actions of bystanders: theoretical perspectives on bystander intervention Part 4: Bystander interventions in violence…

Sexual harassment in the workplace is a persistent and pervasive problem in Australia and elsewhere, demanding new and creative responses.[1] One significant area that may inform prevention and response strategies is the area of ‘bystander approaches’. In examining the potential for bystander approaches to prevent and respond to workplace sexual harassment, this paper draws upon a…

Workplace sexual harassment is a persistent and pervasive problem in Australia and elsewhere, demanding new and creative responses. One promising area which may inform prevention and response strategies is bystander approaches.

Models which account for the circumstances under which different bystander responses occur have been evolving since the 1970s, especially in the fields of criminology and social psychology. The notion of bystanders originated with the study of an event in New York where a young woman, Kitty Genovese, was raped and stabbed to death over a period of half an hour. During the attack, 38 witnesses…

Bystanders have received growing attention as a potential means of violence prevention. Amongst efforts oriented towards the primary prevention of domestic and family violence, sexual violence and other forms of interpersonal violence, mobilising bystanders to prevent and respond to violence or to the situations and factors which increase the risk of violence taking place (‘bystander…

Specifically, the paper has integrated studies on sexual harassment with a range of theoretical and empirical research on bystander approaches as they apply in the context of workplace bullying, racial harassment, whistle blowing, violence in intimate relationships, workplace justice frameworks and employee voice.

Paula McDonald is an Associate Professor in the School of Management at the Queensland University of Technology. Her research addresses a number of areas relevant to social justice issues at work, including sexual harassment and other forms of gender-based discrimination, the early work experiences of young people and work-life boundaries. Paula has published several studies in the area of…