Termination and unfair dismissal

Termination and unfair dismissal is a pdf from DoCEP which deals with unfair dismissal cases in Australia. What is important is the Federal governments Workchoices legislation excludes many businesses from regulation under this Act; however Unlawful dismissal is covered across the whole of Australia. Unlawful dismissal is what I will be the focus of my next essay; although not from a legal perspective.

Victorian government fails to stop sacked teacher's legal challenge

This article highlights the dismissal of a Victorian school teacher. The teacher was sacked on various grounds but additional charges were brought against her when she spoke out publicly against the allegations in breach of provisions in her contract. Effectively teachers are gagged from commenting publicly about matters of departmental policy.

Free Speech and the Constitution

Free Speech and the Constitution: "The Australian Constitution does not have any express provision relating to freedom of speech. In theory, therefore, the Commonwealth Parliament may restrict or censor speech through censorship legislation or other laws, as long as they are otherwise within constitutional power."

This is a handy article. It points out that, whilst we are signatories to the UN Declaration of Human Rights, we have no act of parliament that makes this declaration enforceable. Interesting!

Various proponents have suggested a Bill of Rights, however this is problematic. Governements have taken the easier option to introduce various legislation that addresses the issue of free speech, particularly in relation to election advertising and the press. It is considered that Australia has 'implied' free speech.

Australia is the only "like-minded" country not to have a Bill of Rights. Again, interesting.

Promise and problems of e-democracy

Not the most exciting read but a handy resource for how e-democracy could play out. Makes the point that ICT is just part of the solution and considers the need to incorporate with off-line efforts.

35176328.pdf (application/pdf Object)

Principles for ICT-enabled citizen engagement

Exciting stuff here from the Federal government setting out the principles for a new breed of democracy.

It's all very 'government' speak, but it makes sense. Respect, openness and fairness are key components of the eight steps proposed.

Principles.pdf (application/pdf Object)