the federation press health, social work and …practitioners seeking to understand the legal...

IN THE SHADOW of the LAWThe Legal Context of Social Work PracticePhillip Swain and Simon Rice - EditorsThis third edition sees over 30 academics and practitioners examining a wide range of practice settings and user populations where social work practice and law interact. In addition to a comprehensive revision, it includes new chapters on domestic violence, working with interpreters, social work and sexuality, housing rights, adoption and post adoption practice, family law, and social work and Indigenous Australians. It begins with foundational chapters considering the place and influence of Aboriginality, of language and culture, and of ethics. These are followed by sections considering the legal context and its influence, and social work practice with particular sections of the community. The latter chapters examine such areas of practice as domestic violence, child sexual assault, juvenile justice, the elderly and persons with a disability. The fourth section discusses work in specific jurisdictions including family law, social security, housing and homelessness, the criminal justice system, refugee review processes, and psychiatric care. In the final section of the book, the different perspectives of lawyer and social worker, and their areas of common interest and commitments, and drawn together.

2009 • ISBN 978 1 86287 718 4 • PB • 350pp • rrp $59.95 Direct Price $55.00

DOMESTIC VIOLENCE - WORKING with MENResearch, Practice Experiences and Integrated Responses Andrew Day, Donna Chung, Donna Justo - EditorsSurveys suggest that around one third of all adult women will at some point in their life experience abuse perpetrated by an intimate male partner. In recent years a number of “integrated responses” to domestic violence have been developed. These can be understood as coordinated, appropriate, consistent responses aimed at enhancing victim safety, reducing secondary victimisation and holding abusers accountable for their violence.In this book contributions come from those working with victims of domestic violence, from within the criminal justice system and integrated response programs. They describe and discuss the provision of programs and services that are designed to reduce the risk of domestic violence amongst known perpetrators. Outcome data is reported and theoretical and clinical issues relevant to program delivery are discussed in detail.Domestic Violence – Working With Men provides a timely resource in the development of programs and services that are successful in reducing the risk of known perpetrators committing further acts of violence towards women.

2009 • ISBN 978 1 86287 728 3 • PB • c. 320pp rrp c. $59.95 Direct Price c. $55.00

ALLIED HEALTH PROFESSIONALS and the LAWRosemary Kennedy - EditorThis book targets a wide range of allied health professions including occupational therapy, podiatry, Chinese medicine, complementary medicine, nuclear medicine, speech pathology, radiography, physiotherapy, psychology, osteopathy, chiropractic care and optometry. The authors explain the legal context in which these professions function, the various forms of legal regulation which apply to them, their legal liabilities, and legal imperatives which bear upon their practice. Also included is commentary on the limits and ambiguities of law in relation to allied health activity, the interaction between law and professional ethics, and some significant legal challenges in normal professional life. Allied Health Professionals and the Law expands the legal knowledge of allied health readers whether they are practitioners seeking to understand the legal aspects of their work or researchers engaged in analysis of professional matters which have legal dimensions and implications.

2008 • ISBN 978 1 86287 708 5 • PB • 272pprrp $59.95 Direct Price $55.00

3RD EDITION

THE FEDERATION PRESS

FORTHCOMING

2009

Health, Social Work and Medical Ethics Titles

FORTHCOMING

2009

SERIAL SURVIVORSWomen’s narratives of surviving rapeJan JordanThis book tells the story of 15 women all of whom survived a sexual assault by the same serial rapist. It is based on extensive interviews with the 15 women. These illustrate how each stage of the process following the attack became an exercise in survival – surviving the assault, managing police interviewing, surviving and coping with going to court, surviving all the many impacts on their lives, and also managing how those close to them were affected.The picture that emerges demonstrates that surviving rape is not a one-off event but a continual process. The different procedures and aspects each pose their own challenges as the victims/survivors manage the various and on going intrusions and encounters that follow in the aftermath of rape.

2008 • ISBN 978 1 86287 679 8 • PB • 246pprrp $39.95 Direct Price $35.00

SOCIAL WORK with INDIGENOUS COMMUNITIESLinda BriskmanGood social work practice is marked by a recognition of the strengths of communities and an understanding of how to acknowledge and facilitate these. This book shows social workers how they can develop their knowledge and skills in this area and how they can excel in their work with Indigenous communities.Linda Briskman covers the issues that Indigenous communities face, with specific chapters devoted to the areas of children, youth, family violence, health, and criminal justice. Case studies are supported by literature and research to provide practitioners and students with a good understanding of the circumstances they will be presented with when working with Indigenous communities.


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PATENT LAW and BIOLOGICAL INVENTIONSMatthew Rimmer - Special EditorThis book considers the patentability of a wide range of biological inventions - micro-organisms, plants and flowers, transgenic animals, genes, express sequence tags and research tools, as well as genetic diagnostic tests and pharmaceutical drugs.It includes the spectacular English case of Donna MacLean, poet and part-time casino waitress, who sought to patent herself. She had, she explained, satisfied the usual criteria: she was novel, inventive and useful, and had many industrial applications.The book discusses the approaches in a wide range of countries – America, Canada, the European Union including member states, such as the Netherlands, and peripheral states, like Iceland. There is also a focus on Australian developments – especially in the wake of parallel policy inquiries into gene patents and access to genetic resources.


DISPUTES and DILEMMASin HEALTH LAWIan Freckelton and Kerry Petersen - Editors

“This comprehensive text covers wide ranging issues involving medicine and law. … [It] is an excellent overall review of most of the issues in health law. It would be of interest to anyone with a particular interest in medico-legal matters.”

(RANZCO News, September 2006)

The primary focus is on controversial and cutting-edge issues such as those raised by new technologies, changing legislation and altering community expectations; by new regulatory processes for medicine and all of the health professions; by the fundamental changes to civil liability for medical negligence; by the fierce debate over the role of coroners.The book also covers questions on property in human tissue and on the ethical and legal aspects of the genetics revolution; provides a modern take on “old” issues such as reproductive law; takes account of changes relating to expert evidence; and discusses how difficult cases in relation to psychiatric injury and wrongful life are pushing compensability to its edges.

2006 • ISBN 978 1 86287 553 1 • PB • 750pp rrp $125.00 Direct Price $115.00

SOCIAL SECURITY LAWand POLICYTerry CarneyCarney provides explanation, analysis and context for the modern transformation of the Australian social security system, in particular the legal implications. He reviews the history and transformation of the welfare state, ideas about the nature of poverty, and the policy changes that need to be made. Detailed case studies examine current welfare issues and consider the changes affecting key groups including:

• the requirements to‘actively seekwork’andcomplete‘activitytests’

• the expectation for sole parents, and the ill and thedisabled to join the workforce

• thegreyareabetweenworkandretirement• theuseofthetaxationsystemtogovernaccesstofamily

payments for children, and• theworkingsofincomeandmeanstests.


REGULATINGHEALTHPRACTITIONERSIan Freckelton – Special Editor Expert contributors from Australia and overseas explore health practitioner regulation from legal and social policy perspectives. Complementary and conflicting regulation systems such as national regulation models, peer review, professional codes and standards, as well as case studies of regulation’sfailures,areall subjected to critical review. While the focus is on Australia, the chapters include analysis of regulation in our near neighbours, Indonesia and New Zealand.


DOMESTIC VIOLENCE in AUSTRALIAThe legal responseRenata AlexanderThis book examines the different, and in some cases quite disparate, legal responses to domestic violence. It considers criminal law responses and the role, powers and culture of the police as well as the injunctions and restraining orders available under the Family Law Act. State and Territory remedies that are of general usage and not specifically in relation to domestic violence are detailed, including the peace complaint, injunctions and, most importantly, compensation for injuries incurred or property damage sustained. Finally the various protective orders available in each State and Territory are examined. The different requirements and procedures for obtaining these orders as well as the different effects and consequences for breaches are covered.


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ETHICS and LAWfor the HEALTHPROFESSIONS3RD EDITIONIan Kerridge, Michael Lowe and Cameron StewartThis new 3rd edition is fully revised and with all ethics and law topics updated to reflect recent developments. It includes new chapters dealing specifically with children, health care and the environment, and infectious diseases, public health, and ethics and chronic disease. All law sections have been extensively re-visited by Dr Cameron Stewart.

2008 • ISBN 978 1 86287 730 6 • PB • c.700pp rrp $59.95 Direct Price $55.00

Health, Social Work, Medical Ethics • Health, Social Work, Medical Ethics • Health, Social Work, Medical Ethics

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EMERGENCY LAWMichael EburnThis highly praised book (Fire Australia said it should be obligatory reading for emergency readers) provides a clear, concise, contemporary account of the law that applies in a civil emergency and to emergency services.Contents: Legal principles; First aid/prehospital care; Fire fighting and rescue; Ambulance, fire and emergency services; Disaster planning and response: the role of the Commonwealth; Liability of emergency services; Driving emergency vehicles; Compensation for rescuers; Ready reference powers of emergency officers

“It’s a delight to read… straightforward, easy tofollow, and much helped by the use of examples to which readers can readily relate.”

Law Society (NSW) Journal

“I recommend that you read‘Emergency Law’. It isan easy yet comprehensive read and summarises the obligations, powers, and legal groundings for these, for volunteers in a straightforward manner”

Connexion (Volunteer Australia)


ANGER and INDIGENOUS MENUnderstanding and responding to violent behaviourAndrew Day, Martin Nakata and Kevin Howells - EditorsThis book focuses on the development of culturally appropriate and effective programs for reducing anger-related violence perpetrated by Indigenous men. It places cultural context at the heart of any intervention, broadening the focus from problematic behaviour to a more holistic notion of well-being.Part 1 explores Indigenous perspectives on anger and violence, on both sociological and psychological levels and provides contexts for understanding an individual’s anger. Part 2outlines methodologies and processes for collecting meaningful data. Part 3 presents ideas for developing and delivering anger management programs:•Howtoadaptexistingprogramsinculturallyappropriateways•Specificneedsofthestaffdeliveringtheprograms•Apedagogicalframeworkandsamplesessionplans,and •Futuredirectionsforprogramdevelopmentandevaluation.The contributors include psychologists, counsellors, educationalists and academics from both Indigenous and non-Indigenous backgrounds.


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2ND EDITION

NEW

BRAVE NEW WORLD of HEALTHBelinda Bennett, Terry Carney and Isabel Karpin - EditorsThe meaning of “health” was once thought fixed with self-evident foundational terms and concepts. This book argues for instability. It shows established dialogues being replaced by a “brave new world” which characterises policy debate about health (and illness or disability).The book draws on international experts to explore both macro-level forces of change, such as globalisation, and more localised impacts through detailed case studies: pharmaceuticals, preimplantation genetic diagnosis, body modification, abortion, anorexia and post-traumatic stress disorder.It is an important contribution to our understanding of the ways in which concepts of health, disability and illness are shaped and understood by courts, institutions, regulatory authorities, international bodies, the public and individuals. Contributors: Lee Ann Basser, Belinda Bennett, Charles Boak, Terry Carney, Raymond De Vries, Thomas Faunce, Ian Freckelton, David Healy, Miriam Ingvarson, Susannah Jefferys, Kelly Johnston, Isabel Karpin, Trudo Lemmens, Roxanne Mykitiuk, Jeff Nisker, Margaret Otlowski, Patricia Peppin, Wendy Rogers, Kristin Savelle, David Tait, Estair Van Wagner


RESTORING SAFE SCHOOL COMMUNITIESA whole school response to bullying, violence and alienationBrenda MorrisonMorrison puts forward responsive and restorative practices to counter problems of bullying and violence in schools and to build safer school communities. She introduces a whole school approach which can involve students, teachers, parents and others in the wider school community. She explains the thinking behind the suggested responses and shows how they can be implemented.

“Brenda Morrison shows that bullying, violence and alienation are connected to many other problems such as youth suicide and crime [Her evidence] suggests bullying and violence is preventable. The contribution [her book makes] occurs both at the level of how to better meet the individual needs of students and how to transform institutions to accomplish this. It is path-breaking …”

Professor John Braithwaite, ANU


CANNABIS on the BRAINPaul F SmithProfessor Paul Smith relies on modern scientific information from pharmacology and medicine to analyse the case for reform of the cannabis laws. His accessible book, evidence-based but written with a minimum of jargon covers: How does cannabis work? What effect does it have on the brain? What ill-effects are associated with its use? Is there convincing evidence supporting its use as a medicine? Should it be decriminalised?

Dunmore Press (NZ) • 2002 • ISBN 978 0 86469 418 8 • PB • 228pp • rrp $34.95 Direct Price $30.00

CLUBS and NON-PROFITS: KEEPING the BOOKSA simple manual on accounts and taxNick Renton AMThis jargon-free book uses non-technical language to analyse the financial responsibilities of honorary treasurers and governing committees. It sets out their accounting needs, both during the year and for the annual report. It assumes no formal knowledge of accountancy or taxation and includes specimen financial statements with worked examples and a detailed glossary.All essential aspects of keeping accounts, financial reporting, taxation and relevant management and membership issues are covered, including:• Organisation structure, financial accountability, granting and revoking spendingauthorities•Bookkeeping,budgetsandfinancialstatements•Incometax,GSTandcapitalgaintaxconsiderations • Membership records,privacyand renewals • Fundraisinganddonations • Insuranceandemployment issues •Useofspreadsheets,computersandtheInternet.


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THINKING ABOUT POVERTY Klaus Serr - EditorA contemporary and accessible examination of poverty in Australia, bridging the three key areas of theory, policy and practice. Topics covered include:• Theeffectsofneo-liberalpoliciesonfamiliesandtheunemployed• TheindividualisticmodelsonwhichAustraliangovernmentpoliciesarelargelybased• Alternativeeconomicthinking• Thefailuretoaddressthestructuralcausesofpoverty• Definitionsofpovertyandanti-povertystrategies• Thereasonswhywomenarethemainvictims

of poverty• ThedisadvantagedsituationofAboriginalpeople• Theconnectionsbetweenpovertyandmentalillness• Thesocialpolicydebatesregardingpeoplewith

a disabilityContributors: Robert Bland, Karen Crinall, Gavin Dufty, Benno Engels, Sue Green, Ruth Phillips, Eric Porter, Margot Rawsthorne, David Rose, Klaus Serr, Frank Stilwell, David Sykes, Jennie Trezise and Ruth Webber.


A FATAL CONJUNCTIONTwo laws, two culturesJoan KimmWhy do Aboriginal women experience such high levels of violence in their own communities? This considered and carefully researched book discusses the extent and nature of the violence, its underlying causes, current policies that deal with it, and changes that might improve these policies. It covers:• the devastating legacy of European colonialism onIndigenous culture • modern anthropological evidence about patriarchy and violencein traditionalAboriginal societies • beliefs held byAboriginals, particularlymen, abouttheirculturalheritage•theimpactofculturalheritageuponmodernIndigenoussociety•shifting judicial attitudes to sentencing Aboriginal men for violence to Aboriginal women. Kimm shows how this multi-faceted environment, particularly the interaction of two patriarchal laws, has very real and destructive effects on Aboriginal women. She argues powerfully that their lives will be safer if the emphasis of law, policy and practice shifts from IndigenousRightstoWomen’sRights.


SOCIAL WORK and HUMAN SERVICESBEST PRACTICE Wing Hong Chui and Jill Wilson - EditorsSocial Work and Human Services Best Practice “is a practical guide for social work, human services and welfare students and practitioners”(Civil Liberty, September 2006). Clearly organised and user-friendly,it gives comprehensive consideration to the practical, theoretical, legal and political aspects of working in ten key areas of practice: child protection, young offenders, adult offenders, mental health, disability, healthcare, ageing, working in rural and remote communities, Indigenous Australians, and migrants and refugees.


SOCIAL CARE PRACTICE inRURAL COMMUNITIESBrian Cheers, Ros Darracott and Bob LonneThe authors have more than 40 years’ experience as ruralsocial workers. Their book emphasises proper planning, evidence-based policy and the potential influence of social work practitioners. They give specific attention to Indigenous communities and provide case studies of social care programs in action.Part 1 explains the processes for developing, implementing and evaluating social policies, including achieving impact through networking, formal community consultations and lobbying. Part2looksattypesofsocialcareandthechallengeseachpresent.Thosecoveredinclude:• Community-embedded, where practitioners view themselves as part of the community • Specialised,wherethefocusisonaparticulartargetgroupormethodology•Statutory, wheretheprovisionofsocialcarecomeswithlegislativeresponsibility•Visiting, where the practitioner provides services on a visiting basis This is an invaluable book for practitioners and students of social work, nursing, education, psychology, community development, and social policy, as well as those who care for the social needs of rural communities on a voluntary basis.


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UNDERSTANDING ETHICSNoel PrestonUnderstanding Ethics, now in its 3rd edition, introduces the frameworks of moral philosophy to analyse perennial human dilemmas and contemporary moral issues. Issues covered are: •Bioethicalissues:Stellcemresearch,cloningandgeneticpatents · Genetically modified cropping · Biodiversity · Impact on developing countries • Education and theworkplace: Teachers and schools · Disciplinary processes •Globalthemes:Ethicsofpopulationandpoverty·Globalgovernanceandglobalcitizenship•War,TerrorismandViolence:CapitalPunishment·Warincluding“Justwartheory”·Terrorismandtorture•Environment:EarthCharterandecojustice·Animalrights·Globalwarmingandenergypolicy•Sexuality:Samesexmarriageand human rights.



THE BANKRUPTCY HANDBOOKBetty Weule, Wayne Warburton and Richard BradingThe Bankruptcy Handbook provides a short, clear overview of the legal and financial processes, and of the implications for people facing bankruptcy. It provides practical assistance in plain, accessible language and it recognises the importance of emotional issues.It includes:• casestudiesfordifferentbankruptcyscenarios• an overview of the relationship between bankruptcy

and family law • discussionoftaxationandsuperannuation• information about the sequestration order and key

bankruptcy processes• theprosandconsofalternativestobankruptcysuchasdebtagreementsandpersonal

insolvency agreementsIt also includes practical resources such as the ITSA Statement of Affairs (and a guide to filling it out); an Australia-wide contact list; the web addresses for various resources, including ITSA forms, and a glossary.


NEW EDITION

3RD EDITION2ND EDITION


THE IMMIGRATION KITSuhad Kamand, Rowena Irish, Peter Bollard, Kerry Murphy and Mark WebsterThis comprehensive step-by-step plain language guide to Australia’s immigration lawsbrings together Australia’slegislation, departmental policy and relevant case law. It is the standard reference work and has received extraordinary acclaim over many editions:

“a superb reference source ... simple but comprehensive (Victorian Bar News);

an excellent resource, a “must have” (SA Law Society Bulletin);

the book that is most easy to understand and most user-friendly (Independent Daily);

a great book to refer to (Ethos);

I recommend the Kit to every practitioner (Lithuanian Papers)


MENTAL CAPACITYPowers of Attorney and Advance Health DirectivesBerna Collier, Chris Coyne and Karen Sullivan When is a person in a fit state to execute an enduring power of attorney or an advance health directive? The complex mix of medical, legal and ethical issues continue to provide difficult, practical issues for individuals, their professional advisers, their families, and the courts and tribunals. This cross-disciplinary book analyses the law and the medical and psychological perspectives and includes case studies to highlight problems and suggest ways of resolution.

Mental Capacity: • ProvidesanoverviewoftheframeworkoflawwithinAustralia• Focusesonthelawasitcurrentlystandsinrelationtoassessingmentalcapacity,includingaconsiderationofthe

interaction between legal and medical standards • Analysestheimportanceanddifficultiesofdefiningandjudgingcapacityinthemedicalcontext• Examinesbestpracticeinrelationtohealth-basedcompetencyassessments•Looksattheroleoftheneuropsychologistindeterminingtheextentandcharacteristicsofcognitiveimpairment.

2005 • ISBN 978 1 86287 426 8 • HB • 192pp • rrp $60.00 Direct Price $55.00

INTERNATIONAL TRENDS in MENTALHEALTH LAWSBernadette McSherry – EditorEnsuring that mental health laws protect human rights in both theory and practice is an ongoing challenge. This book explores the effect that the new UN Convention on the Rights of Persons with Disabilities and other international trends in human rights may have on domestic mental health laws.The topics covered include the criteria for civil commitment of individuals with serious mental illnesses, legal capacity and supported decision-making, advance directives, advocacy, community treatment orders and the importance of the integrity of the person in decisions to detain individuals for treatment.


TENANTS’ RIGHTS MANUALA practical guide to renting in NSWPhillipa Bellemore and The Tenants’ Union of NSWWho pays for what repairs? When does a rent increase become unfair? When can a tenant be evicted? What are the proper procedures? Where can tenants go when they have a problem? The Tenants’ Rights Manual has the answers to these and many other questions.It is a must for people who assist in any aspect of tenancy matters. Practical and easy to use, it clearly explains what rights tenants have, and shows how problems and disputes can be solved before they become major hassles. This new edition has been completely revised and updated and includes 32 sample letters that get results.


PROMISES PROMISESDisability and terms of inclusionMike Clear - EditorHow effective has been the drive to ensure a full and equal citizenship for disabled people in Australia. Mike Clear focuses on NSW in the period from the 1970s. He brings together research, analysis and the insights of disabled writers in a detailed and critical study, structured around three parts: • personaldialoguesthatprovidesensitiveinsightsintopersonalexperiencesand

the nature of a disabling society • chaptersdescribingandcriticallyappraisingthepolicyandlegislativelandscape,and• fourcriticalperspectivesonkeyrelevantsocialissues:access,telecommunications,culturalrepresentationandthe

politics of care.


RESTORING HUMANE VALUES to MEDICINEA Miles Little ReaderIan Kerridge, Christopher Jordens and Emma-Jane Sayers — EditorsAustralian surgeon, poet, philosopher and humanist, Miles Little is one of the most original and engaging voices in contemporary medical ethics and philosophy. Does reading poetry make you a better clinician? Can euthanasia be understood in terms of the meaning of a life? What is the moral and existential significance of life-threatening experiences?ThiscollectionofLittle’swritingswaschosenbyhisreaders,whocontributeashortcommentonpaperoftheirchoice.Thecommentatorsinclude:MurrayBail,RobinDownie, Nancy Dubler, Stan Goulston, Jill Gordon, Paul Komesaroff, Steven Leeder, Paul McNeill, Gavin Mooney and Bernadette Tobin.

Desert Pea Press • 2003 • ISBN 978 1 87686 108 7 • PB • 320pp • rrp $39.95 Direct Price $36.50

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3RD EDITION

8TH EDITION


PUBLIC HEALTH LAW and REGULATIONChristopher ReynoldsPublic Health Law and Regulation explains the legal and regulatory regimes established to achieve public health objectives, providing detailed analysis in the areas of sanitation, food, drugs and communicable disease. It also explains and analyses key approaches and issues, such as: • Acoherent“riskbased”approachtopublichealthlaw• Thelegalinterfacebetweenprotectingtheenvironmentandprotectinghumanhealth• Theroleofregulationinobtainingcompliance• Theapplicationofa“publichealthapproach”tolegislation• Responsestoemergingpublichealththreats,particularlynon-communicablediseasescausedby21st-centurylifestyles

Its key focus is an evaluation of the ways the law and regulation can support best practice in public health and discussion of issues with the potential for future catastrophe, including new and incurable epidemics and deliberate infection through bioterrorism.


2ND EDITION


2ND EDITION

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THE BOOK OF THE BOARDEffective Governance for Non-Profit OrganisationsDavid FishelThis 2nd edition of this ‘bible’ for boards and boardmembers of non-profit organisations has been extensively revised and updated to include a new Checklists section; 8 new interviews; a new chapter on alliances and mergers; and 8 new Resources, including governance charters, running a planning retreat, CEO appraisal and committee structures; and new charts and diagrams.

Review of previous edition“Fishel’sbookshouldbestandard issue forallBoards in thenot-for-profit sectorand the set text for any new recruits being inducted into membership.”

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