Bill John
Victoria University Australia, College of law and Justice, Faculty Member
Research Interests:
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Review(s) of: West of Memphis, Directed by Amy Berg, starring, Jessie Misskelley, Damien Echols and Jason Baldwin, Universal Sony, 2012, 147 mins, DVD $19.99.
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INTRODUCTION This paper approaches the issue of national identity in terms of a felt recognition of belonging and of desire to identify with a place in this instance, Australia. Drawing on the Sydney Olympic Opening Ceremony's... more
INTRODUCTION This paper approaches the issue of national identity in terms of a felt recognition of belonging and of desire to identify with a place in this instance, Australia. Drawing on the Sydney Olympic Opening Ceremony's representations of national identity, we argue that a new sense of the legitimacy of diverse ‘nationalisms’ and of ethnicities of both ‘origin’ and ‘destination’ (Castan 1994) is replacing the traditional, hegemonic version of what it means to be Australian.
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Research Interests:
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Review(s) of: West of Memphis, Directed by Amy Berg, starring, Jessie Misskelley, Damien Echols and Jason Baldwin, Universal Sony, 2012, 147 mins, DVD $19.99.
Research Interests:
Research Interests:
Research Interests:
Research Interests:
INTRODUCTION This paper approaches the issue of national identity in terms of a felt recognition of belonging and of desire to identify with a place in this instance, Australia. Drawing on the Sydney Olympic Opening Ceremony's... more
INTRODUCTION This paper approaches the issue of national identity in terms of a felt recognition of belonging and of desire to identify with a place in this instance, Australia. Drawing on the Sydney Olympic Opening Ceremony's representations of national identity, we argue that a new sense of the legitimacy of diverse ‘nationalisms’ and of ethnicities of both ‘origin’ and ‘destination’ (Castan 1994) is replacing the traditional, hegemonic version of what it means to be Australian.
Research Interests:
This thesis examines the nature and purpose of the racial vilification laws in the Racial Discrimination Act 1975 (Cth) (RDA). Commonly, vilification laws seek to maintain public order and serve broad public purposes. However, the RDA... more
This thesis examines the nature and purpose of the racial vilification laws in the Racial Discrimination Act 1975 (Cth) (RDA). Commonly, vilification laws seek to maintain public order and serve broad public purposes. However, the RDA provisions are distinct in that they seek to protect the interests of members of groups targeted by vilification. Specifically, they seek to protect personal dignity and autonomy. This has significant implications, in terms of the political legitimacy of the provisions, how they should be interpreted by courts, and what forms of redress should be available for victims of vilification
Research Interests:
This thesis examines the nature and purpose of the racial vilification laws in the Racial Discrimination Act 1975 (Cth) (RDA). Commonly, vilification laws seek to maintain public order and serve broad public purposes. However, the RDA... more
This thesis examines the nature and purpose of the racial vilification laws in the Racial Discrimination Act 1975 (Cth) (RDA). Commonly, vilification laws seek to maintain public order and serve broad public purposes. However, the RDA provisions are distinct in that they seek to protect the interests of members of groups targeted by vilification. Specifically, they seek to protect personal dignity and autonomy. This has significant implications, in terms of the political legitimacy of the provisions, how they should be interpreted by courts, and what forms of redress should be available for victims of vilification
Research Interests:
This article examines two versions of the argument that speaking back is an appropriate response by the state to instances of vilification, or hate speech. It finds that civil anti-vilification laws are preferable to counterspeech... more
This article examines two versions of the argument that speaking back is an appropriate response by the state to instances of vilification, or hate speech. It finds that civil anti-vilification laws are preferable to counterspeech responses for two reasons. First, these laws enable victims of vilification to seek legal redress for the wrong committed against them. Second, civil laws provide public assurance that all members of society are entitled to be treated with dignity in public discourse.
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This article examines whether racially derogatory cartoons are capable of infringing Part IIA of the Racial Discrimination Act 1975 (Cth). In particular, it examines the exemption of ‘artistic work’ in section 18D, which depends on the... more
This article examines whether racially derogatory cartoons are capable of infringing Part IIA of the Racial Discrimination Act 1975 (Cth). In particular, it examines the exemption of ‘artistic work’ in section 18D, which depends on the artistic work being published ‘reasonably’. Courts have struggled to apply the concept of ‘reasonableness’ to cartoons, noting that cartoons are exaggerated by their nature and that they often convey political messages.
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On 25 December 1991 Tasmanian citizen Nicholas Toonen ('Toonen') lodged a complaint with the United Nations Human Rights Committee ('HRC') regarding Tasmanian laws penalising sexual conduct between men. This was the first... more
On 25 December 1991 Tasmanian citizen Nicholas Toonen ('Toonen') lodged a complaint with the United Nations Human Rights Committee ('HRC') regarding Tasmanian laws penalising sexual conduct between men. This was the first time an Australian citizen had formally alleged a violation by Australia of the rights contained in the International Covenant on Civil and Political Rights ('ICCPR'). Ultimately, the HRC declared the laws to be in violation of the right to privacy and, following the decision, Tasmania repealed the offending laws.
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People living in public housing who are not named on the tenancy agreement can be summarily evicted when the tenancy agreement comes to an end, for example by the death of the tenant. The Residential Tenancies Act 1997 (Vic) allows such... more
People living in public housing who are not named on the tenancy agreement can be summarily evicted when the tenancy agreement comes to an end, for example by the death of the tenant. The Residential Tenancies Act 1997 (Vic) allows such people to apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that they be made a tenant at the premises. However VCAT has consistently refused such applications, giving much weight to the ‘orderly administration’ of the public housing waiting list, rather than the human rights of the person being evicted from their home. The enactment of the Charter of Human Rights and Responsibilities Act 2006 (Vic), which includes the right to home and the right to protection of the family unit, has forced VCAT to consider the human rights involved in applications for creation of a tenancy agreement.