Laura Grenfell
Biographic Data
| ID | 3493589 |
|---|---|
| NAME | Laura Grenfell |
| GIVEN NAMES | Laura |
| FAMILY NAME | Grenfell |
| SIGNATURE | GRENFELL L |
| AFFILIATIONS | The University of Adelaide |
| ORCID | 0000-0001-6172-6719 |
| VERIFIED | Yes |
| TOTAL WORKS | 12 |
| TOTAL CITATIONS | 19 |
| WORKS AS AUTHOR | 12 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2004 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
Delimiting Detention
The detention of persons in residential care in Australia has received little recognition. Given also the absence of human rights frameworks in most Australian jurisdictions, it has been argued that Australian governments resist the idea of deprivation of liberty in social care settings. However, the South Australian case of Public Advocate v C, B (‘Public Advocate Case’) may signal a turning point. This article analyses developments in South Aus…
A human right to daily access to fresh air beyond prisons in Australia
This article considers the international standard of daily access to fresh air, set out by the Mandela Rules/UN Minimum Rules for the Treatment of Prisoners, and whether it applies beyond prisons in Australia. This standard is part of the obligation to treat all those deprived of their liberty humanely, which is set out in Article 10 of the International Covenant for Civil and Political Rights. The article reveals the extent to which this standar…
A New Aged Care Act for Australia? Examining the Royal Commission’s Proposal for Human Rights Inclusive Legislation
The Royal Commission into Aged Care Quality and Safety (‘RCAC’) revealed that abuse and neglect are widespread in residential aged care facilities (‘RACF’). In 2021, the RCAC’s Final Report recommended that a new Aged Care Act be enacted to replace the Aged Care Act 1997 (Cth), and the new Act explicitly protect the rights of RACF residents. The recommendation included five uniquely formulated rights to be protected, drawing on international huma…
Are we Opcat ready? So far, bare bones
After ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in December 2017, Australia has had four years to prepare its National Preventive Mechanisms. Noting the deadline of January 2022, this article surveys the OPCAT-readiness of Australian jurisdictions. OPCAT aims to prevent ill-treatment in closed environments where people are deprived of their liberty throu…
A call for regulatory reform to make work experience accessible rather than an obstacle
It is widely recognised that a lack of work experience can impede university students seeking graduate employment and that many tertiary students face significant barriers in securing work experience. Drawing on existing research, this article analyses these barriers, and considers the consequences of this inequity for affected individuals as well as for broader Australian society and the economy. The article proposes various ‘do-able’ reforms to…
Aged care, detention and Opcat
Australian parliaments and courts have recognised that aged care facilities with closed units can be places of (civil) detention where patients/consumers are deprived of their liberty. Current monitoring of these places of detention is substandard and inadequate, as evidenced by the multiple federal and state inquiries into South Australia’s Oakden Older Persons Mental Health Service. The monitoring of closed aged care facilities needs urgent str…
Internship courses for all? Supporting students undertaking unpaid university-run legal internships
This article reflects on internship courses offered by Australian law schools. It focuses on the barriers faced by students in gaining and undertaking legal internships. In regard to overcoming the financial barriers, it recommends a government student-loan scheme to support students undertaking internships within Australia
The Role of Committees in Rights Protection in Federal and State Parliaments in Australia
This article offers a snapshot of how Australian parliamentary committees scrutinise Bills for their rights-compliance in circumstances where the political stakes are high and the rights impacts strong. It tests the assumption that parliamentary models of rights protection are inherently flawed when it comes to Bills directed at electorally unpopular groups such as bikies and terrorists by analysing how parliamentary committees have scrutinised r…
Realising Rights in Timor-Leste
Timor-Leste is a nascent democratic country with a rights-rich Constitution. After more than a decade it is unclear whether vulnerable sections of Timorese society can access the courts to ensure the realisation and protection of their constitutional rights. This paper examines the design and practice of Timor-Leste’s Constitution and its new legal system in light of the Epp-Wilson debate regarding the necessary conditions for access to justiciab…
Promoting the rule of law in Timor-Leste
The international community is eagerly promoting the concept of the rule of law in post-conflict states such as Timor-Leste in the belief that it will lead to political and social stability. To attract international legitimacy, Timorese leaders are also keen to be seen to be invoking the rule of law although the manner in which they understand and use the concept often diverges from dominant Western understandings. The concept of the rule of law …
Legal Pluralism and the Rule of Law in Timor Leste
Many transitional countries face the problem of establishing the rule of law in a weak justice sector where a gulf separates local legal norms from national, constitutional norms that are drawn largely from the international sphere. As a case study of East Timor this article challenges simplistic positivist notions about the normative hierarchy of laws within a constitutionally bounded polity. It argues that in transitional countries such as East…
Conference Reports
Legal Pluralism and the Rule of Law in Timor Leste
Many transitional countries face the problem of establishing the rule of law in a weak justice sector where a gulf separates local legal norms from national, constitutional norms that are drawn largely from the international sphere. As a case study of East Timor this article challenges simplistic positivist notions about the normative hierarchy of laws within a constitutionally bounded polity. It argues that in transitional countries such as East…
Promoting the rule of law in Timor-Leste
The international community is eagerly promoting the concept of the rule of law in post-conflict states such as Timor-Leste in the belief that it will lead to political and social stability. To attract international legitimacy, Timorese leaders are also keen to be seen to be invoking the rule of law although the manner in which they understand and use the concept often diverges from dominant Western understandings. The concept of the rule of law …
Realising Rights in Timor-Leste
Timor-Leste is a nascent democratic country with a rights-rich Constitution. After more than a decade it is unclear whether vulnerable sections of Timorese society can access the courts to ensure the realisation and protection of their constitutional rights. This paper examines the design and practice of Timor-Leste’s Constitution and its new legal system in light of the Epp-Wilson debate regarding the necessary conditions for access to justiciab…
A New Aged Care Act for Australia? Examining the Royal Commission’s Proposal for Human Rights Inclusive Legislation
The Royal Commission into Aged Care Quality and Safety (‘RCAC’) revealed that abuse and neglect are widespread in residential aged care facilities (‘RACF’). In 2021, the RCAC’s Final Report recommended that a new Aged Care Act be enacted to replace the Aged Care Act 1997 (Cth), and the new Act explicitly protect the rights of RACF residents. The recommendation included five uniquely formulated rights to be protected, drawing on international huma…
A call for regulatory reform to make work experience accessible rather than an obstacle
It is widely recognised that a lack of work experience can impede university students seeking graduate employment and that many tertiary students face significant barriers in securing work experience. Drawing on existing research, this article analyses these barriers, and considers the consequences of this inequity for affected individuals as well as for broader Australian society and the economy. The article proposes various ‘do-able’ reforms to…
Aged care, detention and Opcat
Australian parliaments and courts have recognised that aged care facilities with closed units can be places of (civil) detention where patients/consumers are deprived of their liberty. Current monitoring of these places of detention is substandard and inadequate, as evidenced by the multiple federal and state inquiries into South Australia’s Oakden Older Persons Mental Health Service. The monitoring of closed aged care facilities needs urgent str…
The Role of Committees in Rights Protection in Federal and State Parliaments in Australia
This article offers a snapshot of how Australian parliamentary committees scrutinise Bills for their rights-compliance in circumstances where the political stakes are high and the rights impacts strong. It tests the assumption that parliamentary models of rights protection are inherently flawed when it comes to Bills directed at electorally unpopular groups such as bikies and terrorists by analysing how parliamentary committees have scrutinised r…
Conference Reports
Legal Pluralism and the Rule of Law in Timor Leste
Many transitional countries face the problem of establishing the rule of law in a weak justice sector where a gulf separates local legal norms from national, constitutional norms that are drawn largely from the international sphere. As a case study of East Timor this article challenges simplistic positivist notions about the normative hierarchy of laws within a constitutionally bounded polity. It argues that in transitional countries such as East…
Promoting the rule of law in Timor-Leste
The international community is eagerly promoting the concept of the rule of law in post-conflict states such as Timor-Leste in the belief that it will lead to political and social stability. To attract international legitimacy, Timorese leaders are also keen to be seen to be invoking the rule of law although the manner in which they understand and use the concept often diverges from dominant Western understandings. The concept of the rule of law …
Realising Rights in Timor-Leste
Timor-Leste is a nascent democratic country with a rights-rich Constitution. After more than a decade it is unclear whether vulnerable sections of Timorese society can access the courts to ensure the realisation and protection of their constitutional rights. This paper examines the design and practice of Timor-Leste’s Constitution and its new legal system in light of the Epp-Wilson debate regarding the necessary conditions for access to justiciab…
The Role of Committees in Rights Protection in Federal and State Parliaments in Australia
This article offers a snapshot of how Australian parliamentary committees scrutinise Bills for their rights-compliance in circumstances where the political stakes are high and the rights impacts strong. It tests the assumption that parliamentary models of rights protection are inherently flawed when it comes to Bills directed at electorally unpopular groups such as bikies and terrorists by analysing how parliamentary committees have scrutinised r…
Aged care, detention and Opcat
Australian parliaments and courts have recognised that aged care facilities with closed units can be places of (civil) detention where patients/consumers are deprived of their liberty. Current monitoring of these places of detention is substandard and inadequate, as evidenced by the multiple federal and state inquiries into South Australia’s Oakden Older Persons Mental Health Service. The monitoring of closed aged care facilities needs urgent str…
Internship courses for all? Supporting students undertaking unpaid university-run legal internships
This article reflects on internship courses offered by Australian law schools. It focuses on the barriers faced by students in gaining and undertaking legal internships. In regard to overcoming the financial barriers, it recommends a government student-loan scheme to support students undertaking internships within Australia
Are we Opcat ready? So far, bare bones
After ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in December 2017, Australia has had four years to prepare its National Preventive Mechanisms. Noting the deadline of January 2022, this article surveys the OPCAT-readiness of Australian jurisdictions. OPCAT aims to prevent ill-treatment in closed environments where people are deprived of their liberty throu…
A call for regulatory reform to make work experience accessible rather than an obstacle
It is widely recognised that a lack of work experience can impede university students seeking graduate employment and that many tertiary students face significant barriers in securing work experience. Drawing on existing research, this article analyses these barriers, and considers the consequences of this inequity for affected individuals as well as for broader Australian society and the economy. The article proposes various ‘do-able’ reforms to…
A human right to daily access to fresh air beyond prisons in Australia
This article considers the international standard of daily access to fresh air, set out by the Mandela Rules/UN Minimum Rules for the Treatment of Prisoners, and whether it applies beyond prisons in Australia. This standard is part of the obligation to treat all those deprived of their liberty humanely, which is set out in Article 10 of the International Covenant for Civil and Political Rights. The article reveals the extent to which this standar…
A New Aged Care Act for Australia? Examining the Royal Commission’s Proposal for Human Rights Inclusive Legislation
The Royal Commission into Aged Care Quality and Safety (‘RCAC’) revealed that abuse and neglect are widespread in residential aged care facilities (‘RACF’). In 2021, the RCAC’s Final Report recommended that a new Aged Care Act be enacted to replace the Aged Care Act 1997 (Cth), and the new Act explicitly protect the rights of RACF residents. The recommendation included five uniquely formulated rights to be protected, drawing on international huma…
Delimiting Detention
The detention of persons in residential care in Australia has received little recognition. Given also the absence of human rights frameworks in most Australian jurisdictions, it has been argued that Australian governments resist the idea of deprivation of liberty in social care settings. However, the South Australian case of Public Advocate v C, B (‘Public Advocate Case’) may signal a turning point. This article analyses developments in South Aus…
Political science (11 works) · Law (9 works) · Law (8 works) · Human rights (6 works) · Sociology (6 works) · Politics (5 works) · Business (4 works) · Economics (3 works) · Government (linguistics (3 works) · International Law and Human Rights (3 works)