Heather Anne Douglas

Mothers, Domestic Violence, and Child Protection

This article explores the relationship between understandings of domestic violence and the child protection response drawing on material gathered in focus groups with workers who support mothers dealing with both domestic violence and child protection issues. The interviewees expressed concern that the dynamics of domestic violence are often misunderstood and inappropriately responded to by child protection workers.This article critically examines the interviewees’ concerns and concludes that to properly protect children, it is crucial that child protection workers have a clear understanding of the dynamics of and issues related to domestic violence.

The health impacts of khat: a qualitative study among Somali-Australians.

Objectives: To identify patterns of khat use among Somali‐Australians in Australia and to explore their views about the links between khat use and personal health.

Abortion law across Australia – A review of nine jurisdictions

This article reviews the current legal status of abortion in Australia and its implications. Australian abortion law has been a matter for the states since before Federation. In the years since Federation there have been significant reforms and changes in the abortion laws of some jurisdictions, although not all. Across Australia there are now nine sets of laws, state and Commonwealth, concerned with abortion. The test of a lawful abortion varies greatly across jurisdictions. In a number of states and territories, it is necessary to establish a serious risk to the physical or mental health of the woman if the pregnancy was to continue. In some cases, the certification of two doctors is required, particularly for abortions at later gestations. There are also physical restrictions on access, such as in South Australia and the Northern Territory where abortion must take place in a hospital. Only in the ACT has abortion been removed from the criminal law altogether. Variations in the law and restrictions arising from these are not consistent with the aims and provision of the universal, accessible health care system aspired to in Australia. There is an urgent need for overall reform and the introduction of uniformity to Australias abortion laws, including removal of abortion from the criminal law.

Outcome measurement in Australian rehabilitation environments

OBJECTIVE To determine the frequency and pattern of methods of outcome assessment used in Australian physical rehabilitation environments. DESIGN Postal survey. METHODS A questionnaire on service type, staffing, numbers of adults treated and outcome measures used for 7 conditions related to injury and road trauma as well as stroke and neuromuscular disorders was sent to 973 services providing adult physical rehabilitation treatment. RESULTS Questionnaires were completed by 440 service providers for a response rate of 45%, similar to that reported in a recent European survey reported in this journal. A small number of measures were reported as in use by most respondents, while a large number of measures were used by a few respondents. Measures of physical changes were used more frequently than those of generic well-being or quality of life. Ease of use and reporting to other professionals were cited as the most important reasons in selection of outcome measures. CONCLUSION This Australian-wide survey detected considerable heterogeneity in outcome measurement procedures used in rehabilitation environments. While the goal of measurement may vary between providers and differ between conditions, the results highlight opportunities for harmonization, bench-marking and measurement of health-related quality of life.

'Their Ultimate Absorption': Assimilation in 1930s Australia

This is a post-print of an article published in Journal of Australian Studies 2004 published by API Network and Curtin University of Technology. This version is reproduced with permission from API Network. http://www.api-network.com/scgi-bin/jas/jas.cgi

A consideration of the merits of specialised homicide offences and defences for battered women

In response to calls for reform, some jurisdictions have introduced specialised offences and defences for battered women who kill their abuser. In 2005, Victoria introduced the offence of ‘defensive homicide’. More recently, in 2010, Queensland introduced a defence titled ‘killing for preservation in an abusive domestic relationship’. If successful these approaches result in a conviction of defensive homicide and manslaughter respectively. While defensive homicide has been explored in a number of cases in Victoria; the Queensland defence has only been considered on a few occasions to date. This article reviews the underlying debates relating to these developments and then examines recent case law to consider the application of these two approaches and their effectiveness in light of what they were designed to achieve. The article concludes that the reforms may have resulted in some unintended consequences.

Legal responses to child protection, poverty and homelessness

Removal of children from the care of their parents is one of the most fundamental forms of intrusion the state may have in the lives of families. Those experiencing poverty are disproportionately targeted for intervention by child protection departments. This article reports on the results of two research studies that provide empirical evidence regarding the relationship between child protection and poverty. The links between child protection and poverty are well-documented. However, our research supports the view that existing knowledge is not being effectively translated into practice. Respondents to our research offered a number of practical suggestions as to how protective outcomes may be brought about for children living in poverty. In particular, their recommendations emphasise the importance of the provision of material assistance and support in building the capacity of families to adequately provide for, and protect, their children.

Making it legal: abortion providers' knowledge and use of abortion law in New South Wales and Queensland

To explore the knowledge of state abortion law of doctors providing abortion in New South Wales and Queensland, their attitudes towards this law, and their application of both knowledge and attitudes to their day‐to‐day practice of abortion.

Disability and Domestic Violence: Protecting Survivors' Human Rights

Survivors with disabilities experience domestic violence both more often and differently to those who do not have a disability. The presence of impairment substantially transforms the medical, psychological, environmental, economic, legal and political factors which contribute to the occurrence of violence. Survivors of domestic violence are often highly dependent on their abuser, fear disclosing abuse and lack economic independence, and these issues may be heightened for a person who also has a disability. Domestic violence is amplified by the existence of impairment when law enforcement and medical bodies construct the survivor and their relationship with the perpetrator through an oppressive disability model. Advances in theory and international disability human rights laws may provide new and powerful avenues to critique how law and practice in Australia responds to disability domestic violence. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is the first human rights convention to specifically protect survivors with disabilities from domestic violence. In this article, we use critical disability studies and the CRPD to identify limitations with Australias responses to disability domestic violence.

Continuing the Stolen Generations: Child Protection Interventions and Indigenous People

Indigenous Australian children are significantly over-represented in out of home care. Figures evidencing this over-representation continue to increase at a startling rate. Similar experiences have been identified among native peoples in Canada, the United States and New Zealand. Drawing on interviews with lawyers who work with Indigenous parents in child protection matters in Queensland, Australia, this article examines how historical factors, discriminatory approaches and legal structures and processes contribute to the high rates of removal and, we argue, to the perpetuation of the stolen generations.