Olivier, Marius; Guthrie, Rob; Ciccarelli, Marina --- "Editorial" [2010] IntJlSSWC 1; (2010) 2(1) International Journal of Social Security and Workers Compensation v

• EDITORIAL

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INTERNATIONAL JOURNAL OF SOCIAL SECURITY AND WORKERS COMPENSATION

VOLUME 2, NO. 1, 2010

ISSN: 1836-9022

Editors In Chief

Professor Robert Guthrie – Adjunct Professor of Workers Compensation and Workplace Laws, Curtin University of Technology, Western Australia

Professor Marius Olivier – Adjunct Professor: Faculty of Law, University of Western Australia and Centre for Socio-Legal Studies, Griffith University, Queensland (Australia); Extraordinary Professor: Faculty of Law, University of Northwest, Potchefstroom (South Africa); Director, International Institute of Social Law and Policy, Australia

Dr Marina Ciccarelli – Senior Lecturer, School of Occupational Therapy and Social Work, Curtin University of Technology, Western Australia

Editorial Board

Dr Kevin Purse – Hawke Research Institute, South Australia

Dr Frances Meredith – Adjunct Research Fellow, Flinders University, South Australia

Ms Su Lloyd – Adjunct Professor, Murdoch University, Western Australia; Director of Dispute Resolution, WA Dispute Resolution Directorate

Professor Terry Carney – Faculty of Law, University of Sydney, Barrister

Professor Lorna Rosenwax – Head of School of Occupational Therapy, Curtin University of Technology, Western Australia

Professor Katherine Lippel – Research Chair, Occupational Health and Safety Law, University of Ottawa, Canada

Dr Rick Victor – Executive Director Workers Compensation Research Institute, Cambridge, MA, USA

Professor Richard Johnstone – Griffith University, Queensland, Australia

Advisory Board Of IJSSWC

Dr Cameron Mustard – President and Senior Scientist of the Institute for Work and Health, Toronto

Dr Gregory Krohm – Executive Officer, International Association of Industrial Accident Boards and Commissions

Mr Alan Clayton – Lawyer and Workers Compensation Consultant, Bracton Consultancy

Professor Robert Holzmann – Research Director and Senior Advisor, The World Bank Marseille Center for Mediterranean Integration (MCMI)

Professor Mukul Asher – Economist, National University of Singapore

Professor David Stanton – Australian National University, Canberra

Judge Steve Adler – Past President, Israel Labour Court

Professor Edwin Kaseke – Chair of Social Work, School of Human and Community Development, University of the Witwatersrand, South Africa

EDITORIAL

This second edition of the International Journal of Social Security and Workers Compensation builds on the foundation laid in the first edition to promote a genuinely international dialogue of issues relating to social security support systems and workers compensation. The journal encourages discipline-specific, multi-disciplinary and inter-disciplinary studies, as well as studies of particular jurisdictions and comparative studies, especially studies involving multiple countries, regions or sub-national political divisions (such as provinces or states). In this second edition we have again set out to achieve these aims with papers from a range of disciplines and jurisdictions.

The first two papers concern particular dimensions of return-to-work (RTW) programmes, in relation to workers suffering from an occupational injury or disease. In their contribution, Dörte Bernhard and Ellen MacEachen, together with Professor Katherine Lippel, consider the legal context in which Disability Management Professionals (DMPs) in Ontario, Canada work, how this affects their daily practice, and how this impacts their training curricula. They conclude that DMPs’ practice is affected by the local legal context: disability management practices may differ from one jurisdiction to the next, which therefore emphasises the need to consider socio-political aspects in DMPs’ practice as well as in the development of training programmes and cross-jurisdictional research. Marina Ciccarelli and Jessica Dender discuss unique challenges, due to issues of geographic distance, work cultures and limited availability of alternative job duties, faced by workplace rehabilitation providers working in rural and remote regions in Western Australia in implementing early RTW interventions. Some of the factors restricting early RTW interventions are reflected on and possible strategies to overcome these hurdles are suggested.

Professor Terry Carney and Associate Professor Gaby Ramia critically evaluate recent changes introduced in Australia regarding welfare support and sanctions for non-compliance, in the wake of a recessionary world labour market and against a comparative background. They observe that the changes indicate the potential for greater emphasis on among others social protection and social inclusion values. However, their analysis suggests that the recent partial softening of the impact of Australia’s former neoliberal model of unemployment payments has only partially succeeded in achieving this. Professor Robert Guthrie, Robert Aurbach and Andrew Fronsko review the literature in relation to the effects of economic downturn on workers’ compensation schemes, drawing on international studies. They conclude that whilst the research dealing with the relationship between economic downturn and claims behaviour has doubtful predictive value in relation to workers’ compensation matters, it is possible that some of the learning from this area of study can be applied to occupational health and safety issues.

In the first of two contributions on the human rights position of irregular migrants, particularly from a social security perspective, Professor Ockert Dupper indicates that around the world, irregular migrants are often excluded from basic social rights. He asserts that developments at the international and the regional level, as well as legal and policy developments in a number of individual countries around the world, indicate that there may be a movement away from an approach that focuses exclusively on the security aspects of irregular migration to a more nuanced approach that also places significant emphasis on the human rights of irregular migrants. The paper by Professor Robert Brown makes a valuable contribution to the debate on important selection criteria which should inform the optimal design and financing of social security retirement systems. It discusses these criteria and for each criterion, the paper lists and discusses advantages and disadvantages of the options available.

This peer-reviewed electronic journal is designed to be of service both to the academic community and to practitioners in social security and workers compensation. It seeks to publish articles, notes and comments. It therefore welcomes scientific contributions of an analytical, theoretical or applied nature from the academic community and practitioners in any relevant discipline. The journal in particular welcomes contributions on innovative approaches in the areas of social security and workers compensation. Contributions dealing with issues of policy and reform are also encouraged. Further information on the Journal, including submission guidelines for authors, is available on the Journal’s website, accessible at http://www.business.curtin.edu.au/business/research/journals-published-by-cbs/international-journal-of-social-security-and-workers-compensation

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Peer reviewing is undertaken by members of a distinguished editorial board and other recognised subject experts. The Journal is supported by an advisory board consisting of eminent scholars and specialists from around the world. The editors are Marius Olivier, Adjunct Professor: Faculty of Law, University of Western Australia and Centre for Socio-Legal Studies, Griffith University, Queensland (Australia); Extraordinary Professor: Faculty of Law, University of Northwest, Potchefstroom (South Africa); Director, International Institute of Social Law and Policy, Australia; Rob Guthrie, Adjunct Professor of Workers Compensation and Workplace Laws, Curtin University of Technology, Western Australia; and Marina Ciccarelli, Senior Lecturer, School of Occupational Therapy and Social Work, Curtin University of Technology, Western Australia.

Contributions can be sent to any of the three editors in chief at [e-mail]

or [e-mail]

or [e-mail]

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Marius Olivier

Rob Guthrie

Marina Ciccarelli

December 2010