This article explores the viability for the executive power to authorise the use of the Australian Defence Force (ADF) domestically, through the lens of military intervention in industrial action. It has become practice, when discussing... more
This article explores the viability for the executive power to authorise the use of the Australian Defence Force (ADF) domestically, through the lens of military intervention in industrial action. It has become practice, when discussing the executive power, to delineate between breadth and depth-the latter of which is somewhat controversial. The article first looks at possible courses of action that can be taken under the Defence Act 1903 (Cth), before highlighting the apparent gap where the ADF is placed in domestic situations that might require coercion or force, but the situation does not meet the "domestic violence" threshold required under Pt IIIAAA. It then discusses the non-statutory executive power-namely, the internal security prerogative and the implied nationhood power. The article concludes by advocating for statutory empowerment and protection for ADF members.
To increase efficiencies, clothing retailers often outsource the manufacturing of products to traders. Traders pass on these time and cost pressures to outworkers who reportedly work in poor and unsafe working conditions. This article... more
To increase efficiencies, clothing retailers often outsource the manufacturing of products to traders. Traders pass on these time and cost pressures to outworkers who reportedly work in poor and unsafe working conditions. This article analyses whether existing occupational health and safety laws require retailers to take steps to manage outworkers’ labour conditions. First, the article considers how deemed employment laws which require traders to manage outworkers’ workplace safety may be able to be extended up supply chains to impose duties over retailers. Secondly, the article examines how employers’ OHS duties for non-employees may create OHS duties for retailers to ensure outworkers’ safety. It appears that imposing OHS duties across several corporate relationships and across geographical locations may diminish the capacity of retailers to manage outworkers. Thirdly, the article demonstrates how OHS duties only require parties to take all reasonably practicable steps to ensure s...
