Bruce Chen
Biographic Data
| ID | 4171480 |
|---|---|
| NAME | Bruce Chen |
| GIVEN NAMES | Bruce |
| FAMILY NAME | Chen |
| SIGNATURE | CHEN B |
| AFFILIATIONS | Deakin University |
| ORCID | 0000-0002-9200-3414 |
| VERIFIED | Yes |
| TOTAL WORKS | 8 |
| TOTAL CITATIONS | 1 |
| WORKS AS AUTHOR | 8 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2011 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 1 |
Acts, Decisions And Conduct Obligations
A ‘dialogue model’ of a bill of human rights has been enacted under Australian Human Rights Acts in the Australian Capital Territory, Victoria and Queensland. This model includes obligations imposed on public authorities or public entities to act compatibly with human rights (substantive obligation) and to give proper consideration to relevant human rights (procedural obligation). Reviews of compliance with these ‘conduct obligations’ have proven…
If at First You Don’t Succeed… A Critique of the Australian Human Rights Act Proposal and the Inquiry into Australia’s Human Rights Framework
Australia, being rather an outlier, does not have a national Bill of Rights. The Australian Human Rights Commission (‘AHRC’) has recently sought to reinvigorate the issue, recommending the enactment of an Australian Human Rights Act. Its proposed model went before the Commonwealth Parliamentary Joint Committee on Human Rights, as part of the Inquiry into Australia’s Human Rights Framework. This article considers the need and support for an Austra…
The Nelson inquest
The 2023 coronial inquest findings into the death of Aboriginal woman, Ms Veronica Nelson, in a Victorian prison represents a high-water mark for the relevance and application of the Victorian Charter of Human Rights and Responsibilities Act 2006 to inquests into deaths in custody. The reliance on the Victorian Charter in the inquest was particularly significant because of the detailed findings and recommendations, directed at a wide variety of c…
The Covid-19 border closure to India
In late April 2021, the Commonwealth government determined to prohibit overseas travellers who had been in India from returning to Australia, subjecting them to heavy penalties for breach. This measure was controversial and unprecedented in Australia’s response to COVID-19, drawing sharp criticism for breaching human rights. This article analyses the human rights issues arising under the Health Minister’s determination, and the ensuing Federal Co…
The regulation of hair
Our hair is personal to us—as individuals we have different hair lengths, styles, colours and facial hair. However, our hair is regulated in various contexts, including in schools and workplaces. In recent times, how we wear our hair is increasingly being seen as a social justice issue. This current perspective discusses case studies to, firstly, illustrate how and why hair can be important to identity; secondly, identify the various sources of l…
The Human Rights Act 2019 (Qld)
The Human Rights Act 2019 (Qld) is modelled on Victoria’s dialogue model for human rights protection, the Charter of Human Rights and Responsibilities Act 2006 (Vic). This article provides a Victorian perspective on the operative provisions of Queensland’s Human Rights Act, particularly those which bind public entities, courts and tribunals when applying legislation (sections 13, 48, 58 and 59). The potential impacts of amendments by the Act to t…
The French Court and the Principle of Legality
With the recent retirement of Robert French as Chief Justice of the High Court of Australia, this article provides a retrospective on the French Court’s treatment of the principle of legality. The principle of legality is a common law interpretive principle most commonly associated with the presumption that Parliament does not intend to interfere with fundamental common law rights, freedoms and immunities. This article demonstrates that the princ…
Recognition of the Human Right to Water
Unlike the right to food and housing, the right to water was not expressly acknowledged in the Universal Declaration of Human Rights ('UDHR') or the subsequent International Covenant on Economic, Social and Cultural Rights ('ICESCR'). This omission generated debate about whether a human right to water exists at international law
The regulation of hair
Our hair is personal to us—as individuals we have different hair lengths, styles, colours and facial hair. However, our hair is regulated in various contexts, including in schools and workplaces. In recent times, how we wear our hair is increasingly being seen as a social justice issue. This current perspective discusses case studies to, firstly, illustrate how and why hair can be important to identity; secondly, identify the various sources of l…
Recognition of the Human Right to Water
Unlike the right to food and housing, the right to water was not expressly acknowledged in the Universal Declaration of Human Rights ('UDHR') or the subsequent International Covenant on Economic, Social and Cultural Rights ('ICESCR'). This omission generated debate about whether a human right to water exists at international law
The French Court and the Principle of Legality
With the recent retirement of Robert French as Chief Justice of the High Court of Australia, this article provides a retrospective on the French Court’s treatment of the principle of legality. The principle of legality is a common law interpretive principle most commonly associated with the presumption that Parliament does not intend to interfere with fundamental common law rights, freedoms and immunities. This article demonstrates that the princ…
The regulation of hair
Our hair is personal to us—as individuals we have different hair lengths, styles, colours and facial hair. However, our hair is regulated in various contexts, including in schools and workplaces. In recent times, how we wear our hair is increasingly being seen as a social justice issue. This current perspective discusses case studies to, firstly, illustrate how and why hair can be important to identity; secondly, identify the various sources of l…
The Human Rights Act 2019 (Qld)
The Human Rights Act 2019 (Qld) is modelled on Victoria’s dialogue model for human rights protection, the Charter of Human Rights and Responsibilities Act 2006 (Vic). This article provides a Victorian perspective on the operative provisions of Queensland’s Human Rights Act, particularly those which bind public entities, courts and tribunals when applying legislation (sections 13, 48, 58 and 59). The potential impacts of amendments by the Act to t…
The Covid-19 border closure to India
In late April 2021, the Commonwealth government determined to prohibit overseas travellers who had been in India from returning to Australia, subjecting them to heavy penalties for breach. This measure was controversial and unprecedented in Australia’s response to COVID-19, drawing sharp criticism for breaching human rights. This article analyses the human rights issues arising under the Health Minister’s determination, and the ensuing Federal Co…
The Nelson inquest
The 2023 coronial inquest findings into the death of Aboriginal woman, Ms Veronica Nelson, in a Victorian prison represents a high-water mark for the relevance and application of the Victorian Charter of Human Rights and Responsibilities Act 2006 to inquests into deaths in custody. The reliance on the Victorian Charter in the inquest was particularly significant because of the detailed findings and recommendations, directed at a wide variety of c…
If at First You Don’t Succeed… A Critique of the Australian Human Rights Act Proposal and the Inquiry into Australia’s Human Rights Framework
Australia, being rather an outlier, does not have a national Bill of Rights. The Australian Human Rights Commission (‘AHRC’) has recently sought to reinvigorate the issue, recommending the enactment of an Australian Human Rights Act. Its proposed model went before the Commonwealth Parliamentary Joint Committee on Human Rights, as part of the Inquiry into Australia’s Human Rights Framework. This article considers the need and support for an Austra…
Acts, Decisions And Conduct Obligations
A ‘dialogue model’ of a bill of human rights has been enacted under Australian Human Rights Acts in the Australian Capital Territory, Victoria and Queensland. This model includes obligations imposed on public authorities or public entities to act compatibly with human rights (substantive obligation) and to give proper consideration to relevant human rights (procedural obligation). Reviews of compliance with these ‘conduct obligations’ have proven…
Human rights (7 works) · Law (7 works) · Political science (7 works) · Law (6 works) · Publishing (4 works) · Sociology (4 works) · Economic Justice (3 works) · International human rights law (3 works) · Legal principles and applications (3 works) · Project commissioning (3 works)