A Unique Power to Punish: An Examination of the Operation, Scrutiny, and Attendant Risks of Licensee Barring Provisions in Victoria, Australia

2020 ◽  
pp. 088740342091119
Author(s):  
Clare Farmer
Keyword(s):  
Procedural Justice ◽  
Due Process ◽  
Behavioral Issues ◽  
Parliamentary Debates ◽  
Actual Operation ◽  
Robust Process ◽  
Unique Power ◽  
Ordinary Citizens

Across Australia, patron banning measures address alcohol-related behavioral issues in entertainment districts. This article compares the legislative framing of Victoria’s licensee barring order policy with the experiences of recipients. The rationale and operational expectations for licensee barring are examined in relation to key themes which emerged during parliamentary debates of the legislation, and contrasted with the reported experiences of recipients. The findings point to a disconnect between the expected and actual operation of licensee barring, an absence of oversight, and a tangible risk of misuse. Barring orders extend to ordinary citizens a unique police-enforceable power to punish, yet licensees currently act without scrutiny or accountability. A review of barring policy is recommended to ensure a robust process for effective monitoring, meaningful consequences for the misuse of barring powers, and deeper consideration of the attendant risks to due process and procedural justice of the civilianisation of punishment.

Procedural Due Process and Procedural Justice in the Workplace: A Comparison and Analysis

2003 ◽  
Vol 32 (2) ◽  
pp. 181-195 ◽  
Author(s):  
Richard A. Posthuma
Keyword(s):  
Procedural Justice ◽  
Personnel Management ◽  
Due Process ◽  
Legal Concept ◽  
Psychological Concept ◽  
Procedural Due Process ◽  
Comparison And Analysis

This article compares and contrasts a legal concept known as procedural due process with a psychological concept known as procedural justice. The two concepts are defined and distinguished. Then the similarities between the two concepts are demonstrated by showing how they share similar dimensions and underlying rationale. It is suggested that dimensions of procedural due process may be useful to understand the dimensions of procedural justice. In addition, the procedural due process “balancing test” is adapted and applied to the concept of procedural justice in workplace settings. Applications to personnel management are illustrated.

Due Process Model of Procedural Justice in Performance Appraisal: Promotion versus Termination Scenarios

2006 ◽  
Vol 99 (3) ◽  
pp. 819-832 ◽  
Author(s):  
Heloneida C. Kataoka ◽  
Nina D. Cole ◽  
Douglas A. Flint
Keyword(s):  
Procedural Justice ◽  
Performance Appraisal ◽  
Process Model ◽  
Due Process

Due Process in Performance Appraisal: A Quasi-Experiment in Procedural Justice

1995 ◽  
Vol 40 (3) ◽  
pp. 495 ◽  
Author(s):  
M. Susan Taylor ◽  
Kay B. Tracy ◽  
Monika K. Renard ◽  
J. Kline Harrison ◽  
Stephen J. Carroll
Keyword(s):  
Procedural Justice ◽  
Performance Appraisal ◽  
Due Process ◽  
Quasi Experiment

THE IDEA OF PROCEDURAL JUSTICE BEFORE THE PENSION AUTHORITY

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 549-561
Author(s):  
Katarzyna Szlachta-Kisiel
Keyword(s):  
Procedural Justice ◽  
Rule Of Law ◽  
Social Life ◽  
Social Insurance ◽  
Due Process ◽  
Participatory Management ◽  
Constitutional Principle ◽  
Procedural Due Process ◽  
Democratic Rule ◽  
Error Risk

The concept of justice, crystallizing over the centuries, is very important in creation of material law and shaping the procedures necessary for their implementation. The importance of ideas and principles of procedural justice for social insurance is essential not only because of the demand of law itself. Procedural justice is also important, because it influences the society. Analysis of the procedure before the pension authority on application for pension or retirement through the prism of the constitutional principle of the rule of law, concept of procedural justice and principle procedural due process indicates that justice is indispensable to realize the principle of the democratic rule of law. Robert S. Summers, recognizing other values of the process, taken from social life, sees the necessity to apply them not so much to the procedure as a means to achieve a specific goal, but to the procedure itself. In this context the procedure before the pension authority should be seen through the prism of the error risk, good result of the procedure, procedure evaluation and participatory management.

scholarly journals ADR processes: Connections between purpose, values, ethics and justice

2018 ◽  
Vol 35 (1) ◽  
Author(s):  
Lola Akin Ojelabi ◽  
Mary Anne Noone
Keyword(s):  
Procedural Justice ◽  
Empirical Research ◽  
Access To Justice ◽  
The Relationship ◽  
Ordinary Citizens ◽  
Ethical Responsibilities

ADR processes are now used extensively in Australia to resolve disputes in courts and tribunals. In addition, government departments see ADR as an important tool in improving access to justice for ordinary citizens. However, what justice means in different ADR contexts may differ. One possible explanation for the divergence of views on justice and ethics in ADR practice is the fact that practitioners come from different professional backgrounds and disciplines and also use a range of processes. Also, while some processes have clearly stated normative purposes under enabling legislation and Charters, others do not. There are also industryscheme ADR processes with normative purposes beyond individual disputes. Drawing from empirical research, this paper begins to explore the relationship between process purpose, underlying values and ethical responsibilities that arise for a range of ADR practitioners working in different fields and the potential of those processes to promote substantive and procedural justice.

“Deserve1093-4537S got [everything] to do with it”: Unforgiven, revenge, and the revival of the western

2017 ◽  
Vol 17 (2) ◽  
pp. 217-235 ◽  
Author(s):  
Justin A. Joyce
Keyword(s):  
Procedural Justice ◽  
Public Administration ◽  
19Th Century ◽  
Due Process ◽  
The Public ◽  
The Law ◽  
The Way

This essay weds conceptions of justice within Public Administration to the theme of revenge in the Hollywood Western, arguing that the revival of the genre in the 1990s reflects changes in the public conception of due process and equality before the law. The Western genre’s evolution is illustrative of the way definitions of justice are socially, contextually specific. Unforgiven illustrates this shift because the violence in the film symbolizes the vengeance culture so anathema to American notions of procedural justice and explores shifting conceptions of justice through a 19th century allegory of injustice, the heart of which is the treatment of a person as property. This fantasy of the violent resolution of conflict is examined against Public Administration's insistence upon resolving competing conceptions of the good through peaceful, deliberative modalities.

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