Julie Debeljak

Monash University - Faculty of Law

Wellington Road

Clayton, Victoria 3800

Australia

  • Monash University - Faculty of Law

SCHOLARLY PAPERS

34

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11

Scholarly Papers (34)

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1.

The Human Rights Act 1998 (UK): The Preservation of Parliamentary Supremacy in the Context of Rights Protection

(2003) 9 Australian Journal for Human Rights 183-235
Number of pages: 44 Posted: 27 Mar 2013 Last Revised: 23 Apr 2013
Julie Debeljak
Monash University - Faculty of Law
Downloads 453 (123,464)

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human rights instruments, bills of rights, Human Rights Act 1998 (UK), parliamentary sovereignty, dialogue

2.

Balancing Rights in Democracy: The Problems with Limitations and Overrides of Rights under the Victorian Charter of Human Rights and Responsibilities Act 2006

Melbourne Univeristy Law Review, Vol. 32, p. 422, 2008, Monash University Faculty of Law Legal Studies Research Paper No. 2009-08
Number of pages: 49 Posted: 03 Nov 2009
Julie Debeljak
Monash University - Faculty of Law
Downloads 284 (206,402)
Citation 1

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Victorian Charter, Human Rights Act, Human Rights Legislation

3.

The Fragile Foundations of the Human Rights Landscape: Why Australia needs a Human Rights Instrument

in Paula Gerber and Melissa Castan (eds), Critical Perspectives on Human Rights Law in Australia: Volume 1 (Thomson Reuters, Australia, 2021) 39-78, Monash University Faculty of Law Legal Studies Research Paper Forthcoming
Number of pages: 44 Posted: 17 Nov 2021
Julie Debeljak
Monash University - Faculty of Law
Downloads 251 (233,633)
Citation 2

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Human Rights, Human Rights in Australia, Victorian Charter of Human Rights and Responsibilities, Comparative Bills of Rights, Dialogue Models of Human Rights Protection

4.

Parliamentary Sovereignty and Dialogue Under the Victorian Charter of Human Rights and Responsibilities: Drawing the Line between Judicial Interpretation and Judicial Law-Making

Monash University Law Review, Vol. 33, No. 1, 2007, Monash University Faculty of Law Legal Studies Research Paper No. 2007/01
Number of pages: 64 Posted: 03 Mar 2009 Last Revised: 15 Apr 2009
Julie Debeljak
Monash University - Faculty of Law
Downloads 219 (266,453)
Citation 1

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Charter of Human Rights and Responsibilities Act 2006 (Vic), Human Rights Act 1998 (UK), human rights, parliamentary sovereignty, bill of rights

5.

Trustees Power of Investment: The Impact of the Trustees and Trustee Companies (Amendment) Act (1995) Vic

(1997) 5 Current Commercial Law 99-118
Number of pages: 21 Posted: 27 Mar 2013 Last Revised: 30 Apr 2013
Julie Debeljak
Monash University - Faculty of Law
Downloads 213 (273,342)

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Trustees and Trustee Companies (Amendment) Act 1995 (Vic), Trustee Duties, Trustee Investment decisions, Trustee Standard of Care

6.

A New Aged Care Act for Australia? Examining the Royal Commission’s Proposal for Human Rights Inclusive Legislation

University of New South Wales Law Journal (2023) Vol. 46 (3) pp836-71
Number of pages: 36 Posted: 21 Nov 2022 Last Revised: 21 Oct 2023
Anita Mackay, Laura Grenfell and Julie Debeljak
La Trobe Law School, University of Adelaide and Monash University - Faculty of Law
Downloads 167 (340,339)

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Royal Commission into Aged Care Quality and Safety, Aged Care Act, Residential Aged Care Facilities, Human Rights, ICCPR, ICESCR, CEDAW, CAT, CRPD

7.

Human Rights Accountability and Redress for Systems of Ill treatment in Residential Aged-Care

Monash University Law Review (Forthcoming), Monash University Faculty of Law Legal Studies Research Paper No. 3795849
Number of pages: 56 Posted: 03 Mar 2021 Last Revised: 09 Aug 2022
Laura Grenfell, Anita Mackay and Julie Debeljak
University of Adelaide, La Trobe Law School and Monash University - Faculty of Law
Downloads 149 (374,441)

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human rights, aged care, OPCAT, COVID-19, Aged Care Quality and Safety Commission, Royal Commission into Aged Care Quality and Safety, coronial inquest

8.

The Rights of Prisoners Under the Victorian Charter: A Critical Analysis of the Jurisprudence on the Treatment of Prisoners and Conditions of Detention

University of New South Wales Law Journal, Vol. 38, No. 4, 2015, Monash University Faculty of Law Legal Studies Research Paper No. 2015/15
Number of pages: 54 Posted: 04 Dec 2015 Last Revised: 12 Jan 2016
Julie Debeljak
Monash University - Faculty of Law
Downloads 147 (378,615)
Citation 2

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Victorian Charter, prisoner's rights, human rights jurisprudence, rights consistent interpretation, proportionality analysis

9.

Of Parole and Public Emergencies: Why the Victorian Charter Override Provision Should be Repealed

University of New South Wales Law Journal, Vol. 45, No. 2, 2022, 1-47, Monash University Faculty of Law Legal Studies Research Paper Forthcoming
Number of pages: 47 Posted: 09 Aug 2021 Last Revised: 09 Aug 2022
Julie Debeljak
Monash University - Faculty of Law
Downloads 121 (440,206)
Citation 2

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Victorian Charter of Human Rights and Responsibilities, Override Provisions, Human Rights Instruments, Statutory Human Rights Instruments, Human Rights, Public Emergencies, Derogation Provisions

10.

Monitoring and Oversight of Human Rights in Closed Environments

Number of pages: 137 Posted: 27 Sep 2013 Last Revised: 19 Nov 2013
Bronwyn Naylor, Bronwyn Naylor, Inez Dussuyer, Julie Debeljak and Stuart Thomas
Monash University - Faculty of LawRMIT University - Graduate School of Business and Law, Victoria University, Monash University - Faculty of Law and Monash University
Downloads 106 (485,509)
Citation 2

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Human Rights, Detention, Prisons, Immigration, Forensic Mental Health, Disability, Monitoring, Ombudsman

11.

A Strategic Framework for Implementing Human Rights in Closed Environments

(2015) 41 Monash University Law Review 218, Monash University Faculty of Law Legal Studies Research Paper No. 2015/17
Number of pages: 53 Posted: 03 Dec 2015 Last Revised: 12 Jan 2016
Bronwyn Naylor, Bronwyn Naylor, Julie Debeljak and Anita Mackay
Monash University - Faculty of LawRMIT University - Graduate School of Business and Law, Monash University - Faculty of Law and La Trobe Law School
Downloads 92 (533,951)

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human rights, detention, regulation, detainees, prisons, immigration detention, culture change

12.

Who is Sovereign Now? The Momcilovic Court Hands Back Power Over Human Rights that Parliament Intended it to have

(2011) 22(1) Public Law Review 15-51
Number of pages: 38 Posted: 26 Mar 2013 Last Revised: 21 Feb 2015
Julie Debeljak
Monash University - Faculty of Law
Downloads 90 (541,395)

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Human Rights, Bills of Rights, Parliamentary Sovereignty, Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic)

13.

Diverse Australian Landscapes of Law Making and Human Rights

Julie Debeljak and Laura Grenfell (eds), Law Making and Human Rights: Executive and Parliamentary Scrutiny across Australian Jurisdictions (Thomson Reuters, 2020)
Number of pages: 32 Posted: 15 Sep 2020
Julie Debeljak and Laura Grenfell
Monash University - Faculty of Law and University of Adelaide
Downloads 88 (549,052)
Citation 2

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Human Rights, Human Rights Instruments, Charter of Rights, Bills of Rights, Human Rights Scrutiny, Executive and Parliamentary Scrutiny, Law Making and Scrutiny

14.

Rights Dialogue Where There Is Disagreement Under the Victorian Charter

Julie Debeljak and Laura Grenfell (eds), Law Making and Human Rights: Executive and Parliamentary Scrutiny across Australian Jurisdictions (Thomson Reuters, 2020) , Monash University Faculty of Law Legal Studies Research Paper No. 3665788
Number of pages: 60 Posted: 11 Sep 2020
Julie Debeljak
Monash University - Faculty of Law
Downloads 86 (556,949)
Citation 2

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Human Rights, Human Rights Instruments, Bill of Rights, Human Rights Dialogue, Victorian Charter of Human Rights and Responsibilities, Executive and Parliamentary Scrutiny

15.

Rights Protection Without Judicial Supremacy: A Review of the Canadian and British Models of Bills of Rights

(2002) 26 Melbourne University Law Review 285-324
Number of pages: 40 Posted: 26 Mar 2013
Julie Debeljak
Monash University - Faculty of Law
Downloads 82 (573,013)

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Bills of Rights, Human Rights Instruments, Australia, Canadian Charter, UK Human Rights Act

16.

Future Directions for Engaging with Human Rights in Law- Making

Downloads 80 (581,435)

Future Directions for Engaging with Human Rights in Law- Making

Julie Debeljak and Laura Grenfell (eds), Law Making and Human Rights: Executive and Parliamentary Scrutiny across Australian Jurisdictions (Thomson Reuters, 2020), Monash University Faculty of Law Legal Studies Research Paper No. 3665858
Number of pages: 35 Posted: 15 Sep 2020
Laura Grenfell and Julie Debeljak
University of Adelaide and Monash University - Faculty of Law
Downloads 49 (758,813)

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Human Rights, Human Rights Instruments, Charters of Rights, Bills of Rights, Human Rights Scrutiny, Executive and Parliamentary Scrutiny, Law-making and Scrutiny, Law-making and Human Rights

Future Directions for Engaging with Human Rights in Law Making

Grenfell and Debeljak, ‘Future Directions for Engaging with Human Rights in Law Making’ in Debeljak and Grenfell (eds) Law Making and Human Rights: Executive and Parliamentary Scrutiny across Australian Jurisdictions (2020 Thomson Reuters) p789-819, U. of Adelaide Law Research Paper No. 2020-127
Number of pages: 35 Posted: 27 Aug 2020
Laura Grenfell and Julie Debeljak
University of Adelaide and Monash University - Faculty of Law
Downloads 31 (901,515)

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Human Rights, Human Rights Instruments, Charters of Rights, Bills of Rights, Human Rights Scrutiny, Executive and Parliamentary Scrutiny, Law-making and Scrutiny, Law-making and Human Rights

17.

The Human Rights Act 2004 (ACT): A Significant, Yet Incomplete, Step Toward the Domestic Protection and Promotion of Human Rights

15 Public Law Review 169-176 (2004)
Number of pages: 19 Posted: 27 Mar 2013 Last Revised: 30 Apr 2013
Julie Debeljak
Monash University - Faculty of Law
Downloads 75 (602,861)

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Human Rights Instruments, Human Rights Act 2004 (ACT)

18.

Inquiry into Australia’s Human Rights Framework

Number of pages: 99 Posted: 01 Jul 2023
Julie Debeljak
Monash University - Faculty of Law
Downloads 73 (611,999)

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Charter of Rights, Human Rights Act, Bills of Rights, Human Rights, Limitations on Rights, Rights-Compatible Statutory Interpretation, Declarations of Inconsistent Interpretation, Declaration of Incompatibility, Human Rights and Public Authorities

19.

Submission to the National Consultation on Human Rights

Number of pages: 89 Posted: 18 Aug 2010
Julie Debeljak
Monash University - Faculty of Law
Downloads 68 (635,801)

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human rights, Human Rights Charter, Australia, Brennan, Human Rights Consultation, National Human Rights Consultation Committee, Debeljak

20.

Rights Dialogue under the Victorian Charter: the Potential and the Pitfalls

Ron Levy, Molly O’Brien, Simon Rice, Pauline Ridge and Margaret Thornton (eds), New Directions for Law in Australia: Essays in Contemporary Law Reform (2017, ANU Press) DOI:/10.22459/NDLA.09.2017.38
Number of pages: 7 Posted: 03 May 2019
Julie Debeljak
Monash University - Faculty of Law
Downloads 67 (640,780)
Citation 1

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Victorian Charter, Human Rights Dialogue, Executive and Parliament Responses to Judicial Decisions

21.

Mission Impossible: ‘Possible’ Interpretations Under the Victorian Charter and Their Impact on Parliamentary Sovereignty and Dialogue

Marius Smith (ed), Human Rights 2006: The Year in Review (Castan Centre for Human Rights Law, Melbourne, 2007) 169-89,
Number of pages: 13 Posted: 18 Aug 2010 Last Revised: 27 Mar 2013
Julie Debeljak
Monash University - Faculty of Law
Downloads 67 (640,780)

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human rights, Human Rights Charter, Charter of Human Rights and Responsibilities Act 2006, Victorian Government, judicial power, judicial activism, parliamentary sovereignty, Debeljak

22.

Diverse Australian Landscapes of Law Making and Human Rights: Contextualising Law Making and Human Rights

Debeljak and Grenfell, ‘Diverse Australian Landscapes of Law Making and Human Rights: Contextualising Law Making and Human Rights’ in Debeljak and Grenfell (eds) Law Making and Human Rights: Executive and Parliamentary Scrutiny across Australian Jurisdictions (2020 Thomson Reuters) p 1-28, U. of Adelaide Law Research Paper No. 2020-128
Number of pages: 31 Posted: 27 Aug 2020
Laura Grenfell and Julie Debeljak
University of Adelaide and Monash University - Faculty of Law
Downloads 60 (677,053)

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Human Rights, Human Rights Instruments, Charters of Rights, Bills of Rights, Human Rights Scrutiny, Executive and Parliamentary Scrutiny, Law-making and Scrutiny

23.

Proportionality, Rights-Consistent Interpretation and Declarations Under the Victorian Charter of Human Rights and Responsibilities: The Momcilovic Litigation and Beyond

Number of pages: 49 Posted: 09 May 2015
Julie Debeljak
Monash University - Faculty of Law
Downloads 58 (688,007)
Citation 2

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Victorian Charter of Human Rights and Responsibilities, Human Rights, Bills of Rights, Momcilovic, Rights Interpretation, Proportionality

24.

Barriers to the Recognition of Indigenous Peoples’ Human Rights at the United Nations

26 Monash University Law Review 159-194, 2000
Number of pages: 36 Posted: 27 Mar 2013
Julie Debeljak
Monash University - Faculty of Law
Downloads 51 (729,021)

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Human Rights, Indigenous Peoples, Draft declaration on the rights of indigenous peoples

25.

Introduction: Implementing Human Rights in Closed Environments

(2014) 31 Law in Context 1
Number of pages: 9 Posted: 21 Nov 2014 Last Revised: 17 Sep 2016
Anita Mackay, Julie Debeljak, Bronwyn Naylor and Bronwyn Naylor
La Trobe Law School, Monash University - Faculty of Law and Monash University - Faculty of LawRMIT University - Graduate School of Business and Law
Downloads 47 (754,476)

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26.

Indigenous Peoples’ Human Rights and the Victorian Charter: A Framework for Reorienting Recordkeeping and Archival Practice

12 Archival Science 213-234 (2012) (Published online, December 2011, DOI 10.1007/s10502-011-9164-z)
Number of pages: 23 Posted: 20 Dec 2019
Melissa Castan and Julie Debeljak
Monash University - Faculty of Law and Monash University - Faculty of Law
Downloads 45 (768,035)

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Indigenous Records, Indigenous Archives, Indigenous Human Rights, Victorian Charter, Indigenous Culture

27.

Access to Civil Justice: Can a Bill of Rights Deliver?

Torts Law Review 32-52, March 2001
Number of pages: 22 Posted: 27 Mar 2013 Last Revised: 30 Apr 2013
Julie Debeljak
Monash University - Faculty of Law
Downloads 39 (811,053)

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human rights, access to civil justice, ICCPR

28.

Submission to the Inquiry into the Potential for a Human Rights Act in South Australia

Monash University Faculty of Law Legal Studies Research Paper
Number of pages: 51 Posted: 29 Feb 2024
Julie Debeljak
Monash University - Faculty of Law
Downloads 24 (940,662)

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Human Rights, Human Rights Instruments, Human Rights Legislation, ACT Human Rights Act, Victorian Charter of Human Rights and Responsibilities, Queensland Human Rights Act, Bills of Rights

29.

Legislating Statutory Interpretation under the Victorian Charter: An Unusual Tale of Judicial Disengagement with Rights-Compatible Interpretation

Micah Rankin, Lorne Neudorf and Christopher Hunt (eds), Legislating Statutory Interpretation: Perspectives from the Common Law World (2018, Thomson Reuters Canada, Toronto)
Posted: 11 Mar 2019
Julie Debeljak
Monash University - Faculty of Law

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Victorian Charter, human rights, human rights instruments, statutory interpretation, rights-compatible interpretation

30.

Rights and Democracy: A Reconciliation of the Institutional Debate

in Tom Campbell, Jeffrey Goldsworthy and Adrienne Stone (eds.), Protecting Human Rights: Instruments and Institutions (Oxford University Press, Oxford, 2003) 135-57
Posted: 20 Nov 2013
Julie Debeljak
Monash University - Faculty of Law

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Human Rights, Democracy, Institutional Protections for Human Rights

31.

Does Australia Need a Bill of Rights?

in Paula Gerber and Melissa Castan (eds), Contemporary Human Rights Issues in Australia (Thomson Reuters, 2013) 37-70
Posted: 20 Nov 2013
Julie Debeljak
Monash University - Faculty of Law

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Human Rights, Comparative Bills of Rights, Human Rights in Australia, Victorian Charter of Human Rights

32.

Combating Transnational Crime in the Greater Mekong Subregion – The Cases of Laos and Cambodia

in Les Holmes (ed), Trafficking and Human Rights: European and Asia-Pacific Perspectives (Edward Elgar, Cheltenham, UK, 2010) 133-52
Posted: 20 Nov 2013
Susan York Kneebone and Julie Debeljak
University of Melbourne - Law School and Monash University - Faculty of Law

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Human Trafficking, Cambodia, Lao PDR, TIP Protocol

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Bills of Rights, Human Rights, Human Rights Instruments, Victorian Charter of Human Rights and Responsibilities, Gender-Based Justice, Gender Inequality

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Human rights, Women's rights, Human Rights instruments, Victorian Charter of Human Rights, Gender-Based Justice, Gender Inequality, Economic Social and Cultural rights