Dominique Allen
Biographic Data
| ID | 4171374 |
|---|---|
| NAME | Dominique Allen |
| GIVEN NAMES | Dominique |
| FAMILY NAME | Allen |
| SIGNATURE | ALLEN D |
| AFFILIATIONS | Monash University |
| ORCID | 0000-0003-3974-0850 |
| VERIFIED | Yes |
| TOTAL WORKS | 22 |
| TOTAL CITATIONS | 2 |
| AUTHOR COUNT | 22 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2009 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 1 |
Introduction to the special issue
In 1977, Victoria enacted anti-discrimination legislation, becoming one of the first jurisdictions in Australia to do so. For the first time, discrimination was prohibited in the workplace, in educ
Bearers of rights, not just babies: Pondering pregnancy as an impairment to explore pathways to equality
This article takes a novel approach of conceptualising pregnancy as an impairment in order to reconsider how the law responds to pregnant workers. We argue that this understanding may lead to developing more appropriate workplace responses to accommodate the changing body during pregnancy, as well as help to challenge the stigma associated with impairments
Twenty Years of Human Rights Protection in the Australian Capital Territory: What Have We Learned
In 2004, the Australian Capital Territory (‘ACT’) became the first Australian jurisdiction to enact human rights legislation. Victoria and Queensland have followed since, and the Australian Human Rights Commission recently renewed the call for federal human rights protection. Legislative developments in one jurisdiction can lead to reforms in others. As such, there is much we can learn from the ACT’s experience. This article investigates the impa…
The barriers to pursuing workplace equality for women
Sex discrimination has been prohibited in the workplace for over 40 years. Yet even though sex discrimination persists, very few claims reach the courts each year. This Brief reports on the findings from a small interview study with Victorian lawyers which sought to identify the barriers that women face when contemplating whether to pursue a legal claim for sex discrimination at work
A Case for Recognising Non-discrimination as a Fundamental Right at Common Law
This article seeks to make a case that the common law of Australia should now recognise non-discrimination as a fundamental right. To do so, we argue, would equip future generations of Australian judges with a normative and doctrinal tool that would commit the common law to take seriously – so far as institutionally and interpretively possible – the challenges of discrimination in the content and application of law. A conception of non-discrimina…
Unsecured lending and the indigenous economy in Australia and South Africa
Consumer credit is closely regulated in both Australia and South Africa. Nevertheless, unsecured lending often results in financial hardship in low‐income communities. One aspect of this picture is the impact of the consumer debt burden on the Indigenous economy, which is disproportionately affected by poverty in both countries. Here we juxtapose the comparative regulatory regimes and then contextualize the law using an inter‐disciplinary account…
Major court and tribunal decisions in Australia in 2019
This annual survey of significant court and tribunal decisions in Australia in 2019 covers employer efforts to restrain employee communication outside the workplace through codes of conduct and the use of biometric technology in the workplace. It also considers the rise of class actions in employment law and the strategic use by large employers of consumer and intellectual property laws against trade unions in the context of industrial disputes
Thou shalt not discriminate: Moving from a negative prohibition to a positive obligation on business to tackle discrimination
In Australia, businesses—which are variously employers, educational institutions, and service providers—are prohibited from discriminating against their employees, students, and customers. If they do so, the individual can make a claim and receive redress. Various problems and limitations have been identified with this approach to addressing discrimination and inequality. Most relevantly, it is privatised, relies on the individual for enforcement…
Using Public Interest Litigation to Achieve Systemic Change for People with a Disability
For over 40 years the suite of federal, state and territory anti-discrimination laws have served as Australia’s primary human rights documents. These laws prohibit employers, educational institutio
A reflection on The Liberal Promise on its 30th birthday
In her critique of anti-discrimination law, 'The Liberal Promise', Professor Margaret Thornton argued that the law could have a limited impact on social change partly due to the privatised way in which discrimination claims are resolved. This Brief explores the influence of Thornton's work and suggests that, 30 years on, her claims still ring true
Using empirical research to advance workplace equality law scholarship: Benefits, pitfalls and challenges
Legal scholars are increasingly attuned to the substantial benefits that can be derived from empirical and socio-legal scholarship. While drawing on the knowledge of legal insiders – such as legal practitioners, judges or academics – to critique and evaluate the effectiveness of law and legal reform is an established means of empirically evaluating legal impact, this approach can be particularly problematic in relation to empirical equality resea…
Adverse Effects: Can the Fair Work Act Address Workplace Discrimination for Employees with a Disability
The enactment of the Fair Work Act 2009 (Cth) (‘FWA’) gave employees a new mechanism for addressing workplace discrimination in addition to traditional anti-discrimination law. Section 351 of the FWA prohibits employers from taking adverse action against employees on a range of grounds including disability. This article evaluates whether section 351 can effectively address disability discrimination in the workplace. It argues that section 351 off…
Wielding the big stick: Lessons for enforcing anti-discrimination law from the Fair Work Ombudsman
Anti-discrimination law is enforced by a person who has experienced discrimination by lodging a complaint at a statutory equal opportunity agency. The agency is responsible for receiving and resolving discrimination complaints and educating the community; it does not play a role in enforcing the law. The agency relies on ‘carrots’ to encourage voluntary compliance, but it does not wield any ‘sticks’. This is not the case in other areas of law, su…
In defence of settlement: Resolving discrimination complaints by agreement
Alternative dispute resolution (ADR) has become an entrenched feature of Australia’s anti-discrimination law, so much so that the vast majority of discrimination complaints are settled. There are many reasons to be against settlement but with reference to a study of the outcomes negotiated in discrimination complaints settled in Queensland, this article shows that there are valid reasons to be in favour of settlement, particularly when it results…
Consolidate, Eradicate or Vacillate
Dominique Allen looks to the uncertain future of the Human Rights and Anti-Discrimination Bill
Whose Fault is it: Asking the Right Question to Address Discrimination
Is it possible to discriminate without knowing? Can we make distinctions without discriminating? Who is harmed by discrimination? For law to address discrimination, a clear conception of the problem needs to be developed so that the most appropriate regulatory response can be designed. In this article we compare Australian anti-discrimination laws with equivalent laws in the United Kingdom ('UK') and Canada to illuminate the concept of discrimina…
Equal Opportunity: Unfinished Business
Those of us researching and practising in antidiscrimination law in Victoria greatly anticipated the commencement of the Equal Opportunity Act 2010 (Vic) on 1 August 2011. The new Act is the result of two simultaneous public consultations and introduces innovative methods for addressing discrimination into the Australian legal system. Anticipation deflated somewhat in June 2011, when the newly elected Baillieu government amended the Act before Vi…
Law and Rights: Global Perspectives on Constitutionalism and Governance Edited by Penelope E Andrews and Susan Bazilli
(2010). Law and Rights: Global Perspectives on Constitutionalism and Governance Edited by Penelope E Andrews and Susan Bazilli. Australian Journal of Human Rights: Vol. 15, No. 2, pp. 151-154
Voices in the Human Rights Dialogue: The Individual Victim and the Australian Human Rights Commission
Framework for human rights protection in Australia - report of the National Human Rights Consultation Committee - the role of resolution of human rights complaints in the enforcement of human rights - use of alternative dispute resolution (ADR) - current role of the Australian Human Rights Commission (AHRC) - future role as an advocator and crusader for victims of human rights abuses - need for recognition and protection of the special status of …
Dealing with Employment Discrimination
Experiences with the process of lodging a discrimination complaint with the Australian Human Rights Commission - issues surrounding confidentiality clauses in dispute settlement agreements
Behind the Conciliation Doors: Settling Discrimination Complaints in Victoria
The vast majority of discrimination complaints do not reach a substantive hearing. Most are resolved through alternative dispute resolution (ADR), or withdrawn or settled prior to hearing; however, there is little publicly available information on the outcomes the parties negotiate prior to hearing. This article presents a study of settling discrimination complaints in Victoria based on interviews conducted with participants in that process. It e…
Against Settlement? Owen Fiss, ADR and Australian Discrimination Law
In his celebrated article, Against Settlement, Owen Fiss objected to settlement for, among other things, securing the peace while not necessarily delivering justice and denying the court the opportunity to interpret the law. Fiss sees settlement as a technique for streamlining court dockets, the civil equivalent of plea bargaining. This article explores Fiss's criticisms through the lens of resolving discrimination complaints in Australia. It arg…
The barriers to pursuing workplace equality for women
Sex discrimination has been prohibited in the workplace for over 40 years. Yet even though sex discrimination persists, very few claims reach the courts each year. This Brief reports on the findings from a small interview study with Victorian lawyers which sought to identify the barriers that women face when contemplating whether to pursue a legal claim for sex discrimination at work
Voices in the Human Rights Dialogue: The Individual Victim and the Australian Human Rights Commission
Framework for human rights protection in Australia - report of the National Human Rights Consultation Committee - the role of resolution of human rights complaints in the enforcement of human rights - use of alternative dispute resolution (ADR) - current role of the Australian Human Rights Commission (AHRC) - future role as an advocator and crusader for victims of human rights abuses - need for recognition and protection of the special status of …
Behind the Conciliation Doors: Settling Discrimination Complaints in Victoria
The vast majority of discrimination complaints do not reach a substantive hearing. Most are resolved through alternative dispute resolution (ADR), or withdrawn or settled prior to hearing; however, there is little publicly available information on the outcomes the parties negotiate prior to hearing. This article presents a study of settling discrimination complaints in Victoria based on interviews conducted with participants in that process. It e…
Against Settlement? Owen Fiss, ADR and Australian Discrimination Law
In his celebrated article, Against Settlement, Owen Fiss objected to settlement for, among other things, securing the peace while not necessarily delivering justice and denying the court the opportunity to interpret the law. Fiss sees settlement as a technique for streamlining court dockets, the civil equivalent of plea bargaining. This article explores Fiss's criticisms through the lens of resolving discrimination complaints in Australia. It arg…
Law and Rights: Global Perspectives on Constitutionalism and Governance Edited by Penelope E Andrews and Susan Bazilli
(2010). Law and Rights: Global Perspectives on Constitutionalism and Governance Edited by Penelope E Andrews and Susan Bazilli. Australian Journal of Human Rights: Vol. 15, No. 2, pp. 151-154
Voices in the Human Rights Dialogue: The Individual Victim and the Australian Human Rights Commission
Framework for human rights protection in Australia - report of the National Human Rights Consultation Committee - the role of resolution of human rights complaints in the enforcement of human rights - use of alternative dispute resolution (ADR) - current role of the Australian Human Rights Commission (AHRC) - future role as an advocator and crusader for victims of human rights abuses - need for recognition and protection of the special status of …
Dealing with Employment Discrimination
Experiences with the process of lodging a discrimination complaint with the Australian Human Rights Commission - issues surrounding confidentiality clauses in dispute settlement agreements
Equal Opportunity: Unfinished Business
Those of us researching and practising in antidiscrimination law in Victoria greatly anticipated the commencement of the Equal Opportunity Act 2010 (Vic) on 1 August 2011. The new Act is the result of two simultaneous public consultations and introduces innovative methods for addressing discrimination into the Australian legal system. Anticipation deflated somewhat in June 2011, when the newly elected Baillieu government amended the Act before Vi…
Whose Fault is it: Asking the Right Question to Address Discrimination
Is it possible to discriminate without knowing? Can we make distinctions without discriminating? Who is harmed by discrimination? For law to address discrimination, a clear conception of the problem needs to be developed so that the most appropriate regulatory response can be designed. In this article we compare Australian anti-discrimination laws with equivalent laws in the United Kingdom ('UK') and Canada to illuminate the concept of discrimina…
Consolidate, Eradicate or Vacillate
Dominique Allen looks to the uncertain future of the Human Rights and Anti-Discrimination Bill
In defence of settlement: Resolving discrimination complaints by agreement
Alternative dispute resolution (ADR) has become an entrenched feature of Australia’s anti-discrimination law, so much so that the vast majority of discrimination complaints are settled. There are many reasons to be against settlement but with reference to a study of the outcomes negotiated in discrimination complaints settled in Queensland, this article shows that there are valid reasons to be in favour of settlement, particularly when it results…
Wielding the big stick: Lessons for enforcing anti-discrimination law from the Fair Work Ombudsman
Anti-discrimination law is enforced by a person who has experienced discrimination by lodging a complaint at a statutory equal opportunity agency. The agency is responsible for receiving and resolving discrimination complaints and educating the community; it does not play a role in enforcing the law. The agency relies on ‘carrots’ to encourage voluntary compliance, but it does not wield any ‘sticks’. This is not the case in other areas of law, su…
Using empirical research to advance workplace equality law scholarship: Benefits, pitfalls and challenges
Legal scholars are increasingly attuned to the substantial benefits that can be derived from empirical and socio-legal scholarship. While drawing on the knowledge of legal insiders – such as legal practitioners, judges or academics – to critique and evaluate the effectiveness of law and legal reform is an established means of empirically evaluating legal impact, this approach can be particularly problematic in relation to empirical equality resea…
Adverse Effects: Can the Fair Work Act Address Workplace Discrimination for Employees with a Disability
The enactment of the Fair Work Act 2009 (Cth) (‘FWA’) gave employees a new mechanism for addressing workplace discrimination in addition to traditional anti-discrimination law. Section 351 of the FWA prohibits employers from taking adverse action against employees on a range of grounds including disability. This article evaluates whether section 351 can effectively address disability discrimination in the workplace. It argues that section 351 off…
Major court and tribunal decisions in Australia in 2019
This annual survey of significant court and tribunal decisions in Australia in 2019 covers employer efforts to restrain employee communication outside the workplace through codes of conduct and the use of biometric technology in the workplace. It also considers the rise of class actions in employment law and the strategic use by large employers of consumer and intellectual property laws against trade unions in the context of industrial disputes
Thou shalt not discriminate: Moving from a negative prohibition to a positive obligation on business to tackle discrimination
In Australia, businesses—which are variously employers, educational institutions, and service providers—are prohibited from discriminating against their employees, students, and customers. If they do so, the individual can make a claim and receive redress. Various problems and limitations have been identified with this approach to addressing discrimination and inequality. Most relevantly, it is privatised, relies on the individual for enforcement…
Using Public Interest Litigation to Achieve Systemic Change for People with a Disability
For over 40 years the suite of federal, state and territory anti-discrimination laws have served as Australia’s primary human rights documents. These laws prohibit employers, educational institutio
A reflection on The Liberal Promise on its 30th birthday
In her critique of anti-discrimination law, 'The Liberal Promise', Professor Margaret Thornton argued that the law could have a limited impact on social change partly due to the privatised way in which discrimination claims are resolved. This Brief explores the influence of Thornton's work and suggests that, 30 years on, her claims still ring true
Unsecured lending and the indigenous economy in Australia and South Africa
Consumer credit is closely regulated in both Australia and South Africa. Nevertheless, unsecured lending often results in financial hardship in low‐income communities. One aspect of this picture is the impact of the consumer debt burden on the Indigenous economy, which is disproportionately affected by poverty in both countries. Here we juxtapose the comparative regulatory regimes and then contextualize the law using an inter‐disciplinary account…
The barriers to pursuing workplace equality for women
Sex discrimination has been prohibited in the workplace for over 40 years. Yet even though sex discrimination persists, very few claims reach the courts each year. This Brief reports on the findings from a small interview study with Victorian lawyers which sought to identify the barriers that women face when contemplating whether to pursue a legal claim for sex discrimination at work
A Case for Recognising Non-discrimination as a Fundamental Right at Common Law
This article seeks to make a case that the common law of Australia should now recognise non-discrimination as a fundamental right. To do so, we argue, would equip future generations of Australian judges with a normative and doctrinal tool that would commit the common law to take seriously – so far as institutionally and interpretively possible – the challenges of discrimination in the content and application of law. A conception of non-discrimina…
Bearers of rights, not just babies: Pondering pregnancy as an impairment to explore pathways to equality
This article takes a novel approach of conceptualising pregnancy as an impairment in order to reconsider how the law responds to pregnant workers. We argue that this understanding may lead to developing more appropriate workplace responses to accommodate the changing body during pregnancy, as well as help to challenge the stigma associated with impairments
Twenty Years of Human Rights Protection in the Australian Capital Territory: What Have We Learned
In 2004, the Australian Capital Territory (‘ACT’) became the first Australian jurisdiction to enact human rights legislation. Victoria and Queensland have followed since, and the Australian Human Rights Commission recently renewed the call for federal human rights protection. Legislative developments in one jurisdiction can lead to reforms in others. As such, there is much we can learn from the ACT’s experience. This article investigates the impa…
Introduction to the special issue
In 1977, Victoria enacted anti-discrimination legislation, becoming one of the first jurisdictions in Australia to do so. For the first time, discrimination was prohibited in the workplace, in educ
Political science (20 works) · Law (16 works) · Law (15 works) · Discrimination and Equality Law (12 works) · Sociology (12 works) · Business (9 works) · Law and economics (9 works) · Economics (6 works) · Engineering (6 works) · Legal Issues in South Africa (6 works)