Terry Carney
Biographic Data
| ID | 3761658 |
|---|---|
| NAME | Terry Carney |
| GIVEN NAMES | Terry |
| FAMILY NAME | Carney |
| SIGNATURE | CARNEY T |
| AFFILIATIONS | The University of Sydney |
| ORCID | 0000-0002-3612-5986 |
| VERIFIED | Yes |
| TOTAL WORKS | 38 |
| TOTAL CITATIONS | 90 |
| AUTHOR COUNT | 37 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 1972 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 6 |
Are We Regulating the Right Digital Systems? Testing Emerging Artificial Intelligence Frameworks against Real-World Public Sector Systems
This article critically examines the sufficiency of legal frameworks governing artificial intelligence (‘AI’) and automated decision-making (‘ADM’) systems in the public sector through doctrinal and empirical analysis, using data from 163 ADM systems in New South Wales (‘NSW’) government agencies. Considering the regulatory frameworks created by the European Union’s (‘EU’) AI Act and the NSW AI Assessment Framework (‘AIAF’), the article reveals t…
Delivering decision making support to people with cognitive disability—What more has been learned from pilot programmes in Australia and internationally from 2016 to 2021
Article 12 of the United Nations Convention on the Rights of Persons with Disabilities has been instrumental in driving the development of the concept and practice of supported decision making. An important feature has been the development of “supported decision making pilots.” This paper identifies, describes and analyses pilot programmes providing support for decision making for people with cognitive disabilities in Australia and internationall…
Decoding the algorithmic operations of Australia's National Disability Insurance Scheme
In recent years, Australia has embarked on a digital transformation of its social services, with the primary goal of creating user‐centric services that are more attentive to the needs of citizens. This article examines operational and technological changes within Australia's National Disability Insurance Scheme (NDIS) as a result of this comprehensive government digital transformation strategy. It discusses the effectiveness of these changes in …
The temporalities of supported decision-making by people with cognitive disability
In many societies, people with cognitive disability have been pre- sumed to lack reasoned decision-making capacity. Consequently, substituted decision-making laws and practices have traditionally authorised some people such as parents, guardians or medical professionals, to make decisions on their behalf. Several countries are now moving towards an alternative supported decision-making paradigm whereby people with different cognitive abilities ar…
Paternalism to empowerment
This article reports findings from the first set of qualitative data from a study aimed to further understand practices of decision support for people with cognitive disabilities and assess the impact of training supporters in an evidence-based practice framework. It poses questions about whether, using the Convention on the Rights of Persons with Disabilities (CRPD) as the benchmark, it is possible to identify purchase points for assessing the d…
Realising ‘will, preferences and rights’
‘Will, preferences and rights’ is the new guiding principle for all support for or exercise of decision-making under the Convention on Rights of Persons with Disabilities, but its meaning is disputed and practice implications are poorly understood. This article explores key debates across disciplines and draws on grounded theory fieldwork findings to bring greater clarity to the principle within law, policy and practice settings. It is argued tha…
Automation in social security
This paper reviews illustrative aspects of the introduction of artificial intelligence into Australian social security's (Centrelink) original decision making and merits review. The review highlights the complexity and nuanced character of evaluating greater reliance on artifical intellignce over human decision‐making systems. It argues that technological change is inevitable, and is not necessarily either an unadulterated boon or bane, but calls…
Robo-debt illegality
This article asks how rule of law institutions failed to ‘bell the cat’ on the illegality of Centrelink's robo-debt programme and its unethical character. It identifies serious structural deficiencies in the design of accountability and remedial avenues at seven different levels. It argues for adherence to Administrative Review Council guidelines on machine learning, Parliamentary accounting of Ombudsman and Audit agencies on rule of law foundati…
Health complaints and practitioner regulation
This article reviews the objectives pursued by health complaints entities (HCEs), how they mesh with bodies concerned with the regulation of health practitioners, and how these functions map against those of administrative review and theories of consumer accountability. We show that HCEs pursue multiple and diverse objectives shared by ‘hybrid’ institutions dealing with complex ‘polycentric’ disputes or dynamic circumstances, constituting one par…
National Registration of Health Practitioners
When the National Registration and Accreditation Scheme (NRAS) for health practitioners commenced in Australia in 2010, all jurisdictions joined the scheme for the registration and accreditation of health practitioners, but NSW retained its existing co‐regulatory complaint‐handling system. We sought to compare the new National notifications and the NSW complaints handling processes, as NSW has an independent investigative and prosecutory body to …
Delivering decision making support to people with cognitive disability — What has been learned from pilot programs in Australia from 2010 to 2015
The UNCRPD has generated debate about supported decision making as a way to better enable people with cognitive disability to participate in decision making. In Australia, between 2010–2015, a series of projects have piloted various models of delivering decision making support. A critical review was conducted on the program documents and evaluations of these pilot projects. The pilots were small scale, conducted by both statutory and non‐statutor…
Searching for workable alternatives to guardianship for vulnerable populations
Framing Pandemic Management
Management of a pandemic engages multiple sites where previously settled or uncontroversial understandings may be transformed by global and domestic forces. This article examines the iconography of social distancing implicated in the discourses of ‘quarantine’ and ‘risk control’ in public health, and the tension between scientific and popular media readings of the contours of acceptable public health models for managing particular pandemics. The …
A regional disability tribunal for Asia and the Pacific
This article reviews approaches to the needs of disabled people in Asia and the Pacific, the only part of the world currently lacking regional human rights machinery. The article examines some of the social policy choices involved in prioritising different possible approaches to meeting the needs of disabled people in the region, with a focus on a proposed regional disability rights tribunal (DR-TAP). It is argued that this is not the top priorit…
Social security law
This paper reflects on aspects of the meaning of new social security as ‘conditional welfare’ (such as welfare quarantining) and its implications for client rights, advocacy and public policy accountability. The paper considers the rising reliance on conditional welfare and related measures such as ‘linked‘, localised or place‐based welfare, and the increasing complexity of welfare discretions. The paper essentially makes the argument that it is …
The Rudd Government's Employment Services Agenda
Perhaps the most potent symbol of the Howard government's faith in New Public Management (NPM) was the Job Network. Interrogating the Rudd government's replacement package, this article assesses whether the recent restructuring of employment services constitutes a post‐NPM environment. It is argued that there are major post‐NPM elements, seen most clearly in: the softening of jobseeker sanctions; greater deliberation on policy direction and resul…
Culture, Community Or Rights
Mental health tribunals
This article assesses features of mental heath legislation relating to compulsory treatment and mental health tribunal processes against domestic 'Charters' of rights recently enacted in Victoria and the Australian Capital Territory. It is argued that genuinely interdisciplinary, multi-member mental health tribunals are vital to the quality of decision-making, and mental health tribunals should be funded to enable them to spend adequate time asse…
Reforming Social Security
Over the last decade, Australian social security for people of workforce age has incorporated, in an unduly purist form, neoliberal concepts of contested markets for labour market services, individualisation of responsibility/risk for remaining on welfare, a 'job first' approach to exiting from welfare, and the combined pressure of deregulation of the labour market and welfare sanctions for breach of 'mutual obligations' to pressure people to ret…
Comparativism, the labour–social policy nexus and intra-national analysis
Analyses of the labour-social policy nexus are predominantly cross-national and regional in approach. Comparisons of individual policy domains within nations are less common. This paper is an intra-national comparative analysis of jobseekers and workers with family responsibilities in Australia, focusing on the relationship between labour law and social security law in each domain. The comparison demonstrates that cross-national comparativism can…
Complex Needs at the Boundaries of Mental Health, Justice and Welfare
In the 19th century, addictions and mental health were managed in institutional 'retreats', with admission lightly governed by legislation until civil commitment laws developed, which separated management of addiction and mental health. At the beginning of the 21st century, some jurisdictions are re-visiting debates about how best to handle co-morbid or complex needs - whether as a criminal justice, civil, or service-coordination issue - and how …
Neoliberal welfare reform and ‘rights’ compliance under Australian social security law
Recent neoliberal reforms to Australian social security and labour law privilege individual industrial bargaining and adopt a 'job-first' policy for welfare recipients, which exposes them to greater market pressures. This builds on earlier Howard conservative government reforms such as the privatisation of job matching services, insistence on mutual obligation and workfare expectations of the social security clients, and intensification of loss o…
The ethics of medical involvement in capital punishment
Disability and social security
(2003). Disability and social security: compatible or not? Australian Journal of Human Rights: Vol. 9, Symposium: ‘The rights of strangers’, pp. 139-172
Mutuality, Mead & McClure
Mutual obligation recognises the interdependence of individuals, communities and broader social groupings. All members of society — government, business, community organisations, families and individuals — have obligations to each other (McClure Report, 2000a: 51)
Robo-debt illegality
This article asks how rule of law institutions failed to ‘bell the cat’ on the illegality of Centrelink's robo-debt programme and its unethical character. It identifies serious structural deficiencies in the design of accountability and remedial avenues at seven different levels. It argues for adherence to Administrative Review Council guidelines on machine learning, Parliamentary accounting of Ombudsman and Audit agencies on rule of law foundati…
Contractualism, managerialism and welfare
English This article aims to assess critically the use of contractualist and managerialist ideas in social policy by focusing on the Australian experience with employment services. The primary conclusion is that policy based on contractualism and managerialism results in an alarming increase in the vulnerability of beneficiaries’ rights. This vulnerability stems from various factors - the most important being the necessary delegalisation of welfa…
Automation in social security
This paper reviews illustrative aspects of the introduction of artificial intelligence into Australian social security's (Centrelink) original decision making and merits review. The review highlights the complexity and nuanced character of evaluating greater reliance on artifical intellignce over human decision‐making systems. It argues that technological change is inevitable, and is not necessarily either an unadulterated boon or bane, but calls…
The temporalities of supported decision-making by people with cognitive disability
In many societies, people with cognitive disability have been pre- sumed to lack reasoned decision-making capacity. Consequently, substituted decision-making laws and practices have traditionally authorised some people such as parents, guardians or medical professionals, to make decisions on their behalf. Several countries are now moving towards an alternative supported decision-making paradigm whereby people with different cognitive abilities ar…
Paternalism to empowerment
This article reports findings from the first set of qualitative data from a study aimed to further understand practices of decision support for people with cognitive disabilities and assess the impact of training supporters in an evidence-based practice framework. It poses questions about whether, using the Convention on the Rights of Persons with Disabilities (CRPD) as the benchmark, it is possible to identify purchase points for assessing the d…
The Rudd Government's Employment Services Agenda
Perhaps the most potent symbol of the Howard government's faith in New Public Management (NPM) was the Job Network. Interrogating the Rudd government's replacement package, this article assesses whether the recent restructuring of employment services constitutes a post‐NPM environment. It is argued that there are major post‐NPM elements, seen most clearly in: the softening of jobseeker sanctions; greater deliberation on policy direction and resul…
Decoding the algorithmic operations of Australia's National Disability Insurance Scheme
In recent years, Australia has embarked on a digital transformation of its social services, with the primary goal of creating user‐centric services that are more attentive to the needs of citizens. This article examines operational and technological changes within Australia's National Disability Insurance Scheme (NDIS) as a result of this comprehensive government digital transformation strategy. It discusses the effectiveness of these changes in …
Framing Pandemic Management
Management of a pandemic engages multiple sites where previously settled or uncontroversial understandings may be transformed by global and domestic forces. This article examines the iconography of social distancing implicated in the discourses of ‘quarantine’ and ‘risk control’ in public health, and the tension between scientific and popular media readings of the contours of acceptable public health models for managing particular pandemics. The …
Mutuality, Mead & McClure
Mutual obligation recognises the interdependence of individuals, communities and broader social groupings. All members of society — government, business, community organisations, families and individuals — have obligations to each other (McClure Report, 2000a: 51)
Delivering decision making support to people with cognitive disability — What has been learned from pilot programs in Australia from 2010 to 2015
The UNCRPD has generated debate about supported decision making as a way to better enable people with cognitive disability to participate in decision making. In Australia, between 2010–2015, a series of projects have piloted various models of delivering decision making support. A critical review was conducted on the program documents and evaluations of these pilot projects. The pilots were small scale, conducted by both statutory and non‐statutor…
Social security law
This paper reflects on aspects of the meaning of new social security as ‘conditional welfare’ (such as welfare quarantining) and its implications for client rights, advocacy and public policy accountability. The paper considers the rising reliance on conditional welfare and related measures such as ‘linked‘, localised or place‐based welfare, and the increasing complexity of welfare discretions. The paper essentially makes the argument that it is …
Neoliberal welfare reform and ‘rights’ compliance under Australian social security law
Recent neoliberal reforms to Australian social security and labour law privilege individual industrial bargaining and adopt a 'job-first' policy for welfare recipients, which exposes them to greater market pressures. This builds on earlier Howard conservative government reforms such as the privatisation of job matching services, insistence on mutual obligation and workfare expectations of the social security clients, and intensification of loss o…
Disability and social security
(2003). Disability and social security: compatible or not? Australian Journal of Human Rights: Vol. 9, Symposium: ‘The rights of strangers’, pp. 139-172
Delivering decision making support to people with cognitive disability—What more has been learned from pilot programmes in Australia and internationally from 2016 to 2021
Article 12 of the United Nations Convention on the Rights of Persons with Disabilities has been instrumental in driving the development of the concept and practice of supported decision making. An important feature has been the development of “supported decision making pilots.” This paper identifies, describes and analyses pilot programmes providing support for decision making for people with cognitive disabilities in Australia and internationall…
The Social Security Act
This paper takes the opportunity of the Social Security Review to reflect on the meaning of social security reform. It argues that traditional conceptions of the welfare state are unduly narrow and atomistic, concentrating on vesting individuals with social security rights similar to private law notions of contract or properly, and the securing of those rights from depredations by the state. In contrast it contends that social security properly r…
Assets Testing
Australia's assets test on pensions is designed to advance a needs policy without trenching unduly on other values. This article explores the policy tension stemming from the different perspectives of economists, lawyers and welfare workers. It is contended that the policy balance is out of kilter, and that welfare objectives have been down‐graded. This is said to be due to an over‐reliance, in the framing and administration of the test, on manip…
Social Welfare
It is contended that social welfare legislation is principally concerned with the allocation of resources of income, wealth, position and power. Australian legislation providing welfare services and benefits for children is assessed from this perspective. It is argued that the present legislation providing income support payments for young people accords excessive weight to the promotion of economic interests of the community such as the work eth…
Warehouses or Welfare
Skid row alcoholic offenders and the various legislative responses to this social problem are examined. Recent United States case law is discussed in the context of sociological explanations of societal intervention against this group. The validity of the medical model of alcoholism as a basis for planning social policy in respect of alcoholic offenders is questioned. Traditional justifications for civil commitment programmes are rejected as an i…
Social Welfare
It is contended that social welfare legislation is principally concerned with the allocation of resources of income, wealth, position and power. Australian legislation providing welfare services and benefits for children is assessed from this perspective. It is argued that the present legislation providing income support payments for young people accords excessive weight to the promotion of economic interests of the community such as the work eth…
Assets Testing
Australia's assets test on pensions is designed to advance a needs policy without trenching unduly on other values. This article explores the policy tension stemming from the different perspectives of economists, lawyers and welfare workers. It is contended that the policy balance is out of kilter, and that welfare objectives have been down‐graded. This is said to be due to an over‐reliance, in the framing and administration of the test, on manip…
The Limits and the Social Legacy of Guardianship in Australia
Guardianship laws either for intellectually disadvantaged people alone, or for anyone with diminished functional capacity (such as victims of brain trauma), are now popular in Australia (other than in Western Australia and the Australian Capital Territory) and New Zealand. These laws are based on North American experience, particularly that of the Dependent Adults Act 1976 (Alberta). The common thread is that it permits a guardian to be appointed…
The Social Security Act
This paper takes the opportunity of the Social Security Review to reflect on the meaning of social security reform. It argues that traditional conceptions of the welfare state are unduly narrow and atomistic, concentrating on vesting individuals with social security rights similar to private law notions of contract or properly, and the securing of those rights from depredations by the state. In contrast it contends that social security properly r…
Narcotic Offences by F Rinaldi and P Gillies/ Drug Law in New South Wales by P Zahra and R Arden
Narcotic Offences by F Rinaldi and P Gillies/Drug Law in New South Wales by P Zahra and R Arden." Current Issues in Criminal Justice, 3(1), p. 157
Reconciling the Irreconcilable’
‘RECONCILING THE IRRECONCILABLE’?: A RIGHTS OF INTERESTS BASED APPROACH TO UNCONTROLLABILITY? A COMMENT ON SEYMOUR Get access TERRY CARNEY TERRY CARNEY *Terry Carney, Faculty of Law, University of Sydney173–175 Philip Street, Sydney NSW 2000 Australia Search for other works by this author on: Oxford Academic Google Scholar International Journal of Law, Policy and the Family, Volume 6, Issue 1, April 1992, Pages 119–125, https://doi.org/10.1093/la…
Contemporary Issues in Cannabis Policy
Confronting Drug Policy
Confronting Drug Policy: Illicit Drugs in a Free Society." Current Issues in Criminal Justice, 6(3), pp. 408–409
Too Much Access
Guardianship bodies appoint substitute decision makers for adults who cannot make their own decisions, and have a current ‘need’ which cannot be met by less restrictive options. These bodies are cheap, accessible and user‐friendly, leading to large numbers of applications. Less restrictive options to guardians and managers include identifying a person to provide substitute medical consent, service planning mechanisms, advocacy and informal arrang…
Judging the Competence of Older People
Only a minority of adults of all age groups experience difficulty with their finances and affairs, due to the combined effect of their diminished competence and their social circumstances in placing them at risk, from themselves, or from family, friends or others (well-meaning or otherwise). If unable to manage independently or with informal assistance, formal intervention (guardianship) may be required. Neither the traditional formality of court…
Globalisation and guardianship
Contractualism, managerialism and welfare
English This article aims to assess critically the use of contractualist and managerialist ideas in social policy by focusing on the Australian experience with employment services. The primary conclusion is that policy based on contractualism and managerialism results in an alarming increase in the vulnerability of beneficiaries’ rights. This vulnerability stems from various factors - the most important being the necessary delegalisation of welfa…
Mutuality, Mead & McClure
Mutual obligation recognises the interdependence of individuals, communities and broader social groupings. All members of society — government, business, community organisations, families and individuals — have obligations to each other (McClure Report, 2000a: 51)
Disability and social security
(2003). Disability and social security: compatible or not? Australian Journal of Human Rights: Vol. 9, Symposium: ‘The rights of strangers’, pp. 139-172
The ethics of medical involvement in capital punishment
Complex Needs at the Boundaries of Mental Health, Justice and Welfare
In the 19th century, addictions and mental health were managed in institutional 'retreats', with admission lightly governed by legislation until civil commitment laws developed, which separated management of addiction and mental health. At the beginning of the 21st century, some jurisdictions are re-visiting debates about how best to handle co-morbid or complex needs - whether as a criminal justice, civil, or service-coordination issue - and how …
Neoliberal welfare reform and ‘rights’ compliance under Australian social security law
Recent neoliberal reforms to Australian social security and labour law privilege individual industrial bargaining and adopt a 'job-first' policy for welfare recipients, which exposes them to greater market pressures. This builds on earlier Howard conservative government reforms such as the privatisation of job matching services, insistence on mutual obligation and workfare expectations of the social security clients, and intensification of loss o…
Reforming Social Security
Over the last decade, Australian social security for people of workforce age has incorporated, in an unduly purist form, neoliberal concepts of contested markets for labour market services, individualisation of responsibility/risk for remaining on welfare, a 'job first' approach to exiting from welfare, and the combined pressure of deregulation of the labour market and welfare sanctions for breach of 'mutual obligations' to pressure people to ret…
Comparativism, the labour–social policy nexus and intra-national analysis
Analyses of the labour-social policy nexus are predominantly cross-national and regional in approach. Comparisons of individual policy domains within nations are less common. This paper is an intra-national comparative analysis of jobseekers and workers with family responsibilities in Australia, focusing on the relationship between labour law and social security law in each domain. The comparison demonstrates that cross-national comparativism can…
Culture, Community Or Rights
Mental health tribunals
This article assesses features of mental heath legislation relating to compulsory treatment and mental health tribunal processes against domestic 'Charters' of rights recently enacted in Victoria and the Australian Capital Territory. It is argued that genuinely interdisciplinary, multi-member mental health tribunals are vital to the quality of decision-making, and mental health tribunals should be funded to enable them to spend adequate time asse…
The Rudd Government's Employment Services Agenda
Perhaps the most potent symbol of the Howard government's faith in New Public Management (NPM) was the Job Network. Interrogating the Rudd government's replacement package, this article assesses whether the recent restructuring of employment services constitutes a post‐NPM environment. It is argued that there are major post‐NPM elements, seen most clearly in: the softening of jobseeker sanctions; greater deliberation on policy direction and resul…
A regional disability tribunal for Asia and the Pacific
This article reviews approaches to the needs of disabled people in Asia and the Pacific, the only part of the world currently lacking regional human rights machinery. The article examines some of the social policy choices involved in prioritising different possible approaches to meeting the needs of disabled people in the region, with a focus on a proposed regional disability rights tribunal (DR-TAP). It is argued that this is not the top priorit…
Social security law
This paper reflects on aspects of the meaning of new social security as ‘conditional welfare’ (such as welfare quarantining) and its implications for client rights, advocacy and public policy accountability. The paper considers the rising reliance on conditional welfare and related measures such as ‘linked‘, localised or place‐based welfare, and the increasing complexity of welfare discretions. The paper essentially makes the argument that it is …
Political science (36 works) · Law (33 works) · Law (27 works) · Sociology (23 works) · Psychology (13 works) · Project commissioning (12 works) · Publishing (12 works) · Public relations (11 works) · Business (10 works) · Economics (10 works)