Profiles

Yvette Maker

UTAS Home Dr Yvette Maker

Yvette Maker

Senior Lecturer
Law

Room 2.12 , Law

6226 1307 (phone)

yvette.maker@utas.edu.au

Yvette Maker is a Senior Lecturer in the Faculty of Law, College of Arts, Law and Education at The University of Tasmania. Yvette has a background in law and social policy and her work focuses on the disability- and gender-related dimensions of law, policy and practice. Yvette has expertise across the fields of human rights law, disability and mental health law, consumer law, social security law, feminist theory and law and technology. She coordinates the Faculty of Law’s Clinical Legal Education program and is passionate about the potential of legal education and research to contribute to community and social justice goals.

Biography

Before joining The University of Tasmania, Yvette was a Senior Research Fellow at the Melbourne Social Equity Institute and the Centre for AI and Digital Ethics at the University of Melbourne. Yvette has also worked in research, investigation and policy roles in non-profit and government bodies, including the Australian Competition and Consumer Commission and Administrative Appeals Tribunal. She has provided research support to the Chair of the United Nations Committee on the Rights of Persons with Disabilities and the Office of the High Commissioner for Human Rights on topics including sexual and reproductive rights, the right to education and the right to liberty and security of the person.

Career summary

Qualifications

PhD - 'Beyond Breadwinners, Caregivers, Martyrs and Burdens: A New Framework for Managing Competing Claims in Care and Support Policy', University of Melbourne, 2017

Bachelor of Laws (Hons), Murdoch University, 2006

Bachelor of Arts (Pysch), Murdoch University, 2006

Memberships

Committee associations

Associate Member, Women’s Mental Health Alliance

Member, ANZAPPL (Australian and New Zealand Association of Psychiatry, Psychology and Law)

Member, The Australian Sociological Association

Teaching

Clinical legal education, human rights law, disability law, mental health law, legal theory

Teaching responsibility

www.utas.edu.au/units/LAW344

www.utas.edu.au/units/LAW345

www.utas.edu.au/units/LAW108

www.utas.edu.au/units/LAW261

Research Appointments

  • Senior Research Associate, Melbourne Social Equity Institute, University of Melbourne (2017-2022)
  • Senior Research Fellow, Centre for AI and Digital Ethics, University of Melbourne (2021-2022)

View more on Dr Yvette Maker in WARP

Expertise

  • Human rights law
  • Disability law
  • Mental health law
  • Consumer law
  • Law and technology
  • Clinical legal education

Collaboration

Yvette is currently involved in interdisciplinary research collaborations with colleagues at the University of Melbourne and ANU on the regulation of digital technology for consumers experiencing vulnerability, and with colleagues at the Melbourne Social Equity Institute on projects concerning human rights and mental health law and policy. She has previously collaborated on disability human rights projects with colleagues in Germany and Ireland.

Current projects

  • “Questioning the Chatbot: Scrutinising the Performance of Telco Consumer Chatbots” (2021-2022), project funded by the Australian Communications Consumer Action Network (ACCAN). Project website.
  • “AI in the Home? Investigating the Use of Digital Personal Assistants in Australia” (2021-present). Project website.

Fields of Research

  • Law and society and socio-legal research (480405)
  • International humanitarian and human rights law (480307)
  • Law reform (480406)
  • Legal education (480409)
  • Special education and disability (390411)
  • Medical and health law (480412)
  • Law, gender and sexuality (incl. feminist legal scholarship) (480407)
  • Legal practice, lawyering and the legal profession (480505)
  • Law, science and technology (480408)
  • Privacy and data rights (480706)
  • Criminal law (480401)

Research Objectives

  • Law reform (230405)
  • Civil justice (230401)
  • Ability and disability (230101)
  • Justice and the law (230499)
  • Community services (230199)
  • Legal processes (230406)
  • Other education and training (169999)
  • Criminal justice (230403)
  • Legislation, civil and criminal codes (230407)
  • Other law, politics and community services (239999)
  • Professions and professionalisation (230502)
  • Ageing and older people (230102)

Publications

Yvette publishes regularly in generalist and subject-specific law journals, including the UNSW Law Journal, the Melbourne Journal of International Law and Human

Rights Law Review. Yvette’s first monograph, Care and Support Rights After Neoliberalism, will be published by Cambridge University Press in April 2022. With Bernadette McSherry, she edited Restrictive Practices in Health Care and Disability Settings: Legal, Policy and Practical Responses (Routledge, 2021).  In recent years, Yvette’s published research has been cited in the The Australian newspaper and The Age Online.

Total publications

18

Highlighted publications

(3 outputs)
YearTypeCitationAltmetrics
2022BookMaker Y, 'Care and Support Rights after Neoliberalism: Balancing Competing Claims through Policy and Law', Cambridge University Press, United Kingdom, pp. 1-2. ISBN 9781108485203 (2022) [Authored Research Book]

DOI: 10.1017/9781108750479 [eCite] [Details]

Tweet

2020Journal ArticleArstein-Kerslake A, Maker Y, Flynn E, Ward O, Bell R, et al., 'Introducing a Human Rights-based disability research methodology', Human Rights Law Review, 20, (3) pp. 412-432. ISSN 1744-1021 (2020) [Refereed Article]

DOI: 10.1093/hrlr/ngaa021 [eCite] [Details]

Citations: Scopus - 6Web of Science - 6

Co-authors: Arstein-Kerslake A

Tweet

2018Journal ArticleMaker Y, McSherry B, 'Regulating restraint use in mental health and aged care settings: Lessons from the Oakden Scandal', Alternative Law Journal, 44, (1) pp. 29-36. ISSN 1037-969X (2018) [Refereed Article]

DOI: 10.1177/1037969X18817592 [eCite] [Details]

Citations: Scopus - 8Web of Science - 9

Co-authors: McSherry B

Tweet

Journal Article

(10 outputs)
YearCitationAltmetrics
2023McSherry B, Gooding P, Maker Y, 'Human rights promotion and the 'Geneva impasse' in mental healthcare: scoping review', British Journal of Psychiatry Open, 9, (3) pp. 1-4. ISSN 2056-4724 (2023) [Refereed Article]

DOI: 10.1192/bjo.2023.50 [eCite] [Details]

Tweet

2022Maker Y, 'Ending seclusion and restraint use in Victoria's mental health services: the implications for women of the Royal commission's recommendations', Alternative Law Journal, 47, (2) pp. 150-156. ISSN 1037-969X (2022) [Refereed Article]

DOI: 10.1177/1037969X211072337 [eCite] [Details]

Tweet

2020Arstein-Kerslake A, Maker Y, Flynn E, Ward O, Bell R, et al., 'Introducing a Human Rights-based disability research methodology', Human Rights Law Review, 20, (3) pp. 412-432. ISSN 1744-1021 (2020) [Refereed Article]

DOI: 10.1093/hrlr/ngaa021 [eCite] [Details]

Citations: Scopus - 6Web of Science - 6

Co-authors: Arstein-Kerslake A

Tweet

2020Maker Y, 'Gender, trauma and the regulation of the use of restraint on women in Australian Mental Health Services', Journal of Law and Medicine, 28, (1) pp. 68-74. ISSN 1320-159X (2020) [Refereed Article]

[eCite] [Details]

Tweet

2020Maker Y, Offergeld J, Arstein-Kerslake A, 'Disability Human Rights Clinics as a model for teaching Participatory International Human Rights lawyering', International Journal of Clinical Legal Education, 25, (3) pp. 23-52. ISSN 2056-3930 (2020) [Refereed Article]

DOI: 10.19164/ijcle.v25i3.767 [eCite] [Details]

Tweet

2019Maker Y, Paterson GM, Arstein-Kerslake A, McSherry B, Brophy LM, 'From safety nets to support networks: beyond 'Vulnerability' in protection for consumers with cognitive disabilities', University of New South Wales Law Journal, 41, (2) pp. 818-844. ISSN 0313-0096 (2019) [Refereed Article]

DOI: 10.53637/XPUI4744 [eCite] [Details]

Co-authors: Arstein-Kerslake A; McSherry B; Brophy LM

Tweet

2018Maker Y, Arstein-Kerslake A, McSherry B, Paterson JM, Brophy L, 'Ensuring equality for persons with cognitive disabilities in consumer contracting: an international human rights law perspective', Melbourne Journal of International Law, 19, (1) pp. 178-199. ISSN 1444-8602 (2018) [Refereed Article]

[eCite] [Details]

Co-authors: Arstein-Kerslake A; McSherry B

Tweet

2018Maker Y, McSherry B, 'Regulating restraint use in mental health and aged care settings: Lessons from the Oakden Scandal', Alternative Law Journal, 44, (1) pp. 29-36. ISSN 1037-969X (2018) [Refereed Article]

DOI: 10.1177/1037969X18817592 [eCite] [Details]

Citations: Scopus - 8Web of Science - 9

Co-authors: McSherry B

Tweet

2018McSherry B, Maker Y, 'International human rights and mental health: challenges for law and practice', Journal of Law and Medicine, 25, (2) pp. 315-319. ISSN 1320-159X (2018) [Refereed Article]

[eCite] [Details]

Co-authors: McSherry B

2017Maker Y, McSherry B, Brophy L, Paterson JM, Arstein-Kerslake A, 'Supporting people with decision-making impairments: choice, control and consumer transactions', Journal of Law and Medicine, 24, (4) pp. 756-762. ISSN 1320-159X (2017) [Refereed Article]

[eCite] [Details]

Co-authors: McSherry B; Arstein-Kerslake A

Book

(2 outputs)
YearCitationAltmetrics
2022Maker Y, 'Care and Support Rights after Neoliberalism: Balancing Competing Claims through Policy and Law', Cambridge University Press, United Kingdom, pp. 1-2. ISBN 9781108485203 (2022) [Authored Research Book]

DOI: 10.1017/9781108750479 [eCite] [Details]

Tweet

2021McSherry B, Maker Y, 'Restrictive Practices in Health Care and Disability Settings: Legal, Policy and Practical Responses', Routledge, United Kingdom, pp. 310. ISBN 9780367376048 (2021) [Edited Book]

[eCite] [Details]

Co-authors: McSherry B

Chapter in Book

(3 outputs)
YearCitationAltmetrics
2021Maker Y, 'Beyond restraint: gender-sensitive regulation of the control of women's behaviour in Australian mental health and disability services', Restrictive Practices in Health Care and Disability Settings: Legal, Policy and Practical Responses, Routledge, B McSherry and Y Maker (ed), United Kingdom, pp. 91-118. ISBN 9780367376048 (2021) [Research Book Chapter]

[eCite] [Details]

2021McSherry B, Maker Y, 'Restrictive Practices: Options and Opportunities', Restrictive Practices in Health Care and Disability Settings: Legal, Policy and Practical Responses, Routledge, B McSherry and Y Maker (ed), United Kingdom, pp. 3-15. ISBN 9780367376048 (2021) [Research Book Chapter]

[eCite] [Details]

Co-authors: McSherry B

2021McSherry B, Maker YD, 'Regulating Restrictive Practices: Challenges and Possibilities', Restrictive Practices in Health Care and Disability Settings: Legal, Policy and Practical Responses, Routledge, B McSherry and Y Maker (ed), London, UK, pp. 295-301. ISBN 9780367376048 (2021) [Research Book Chapter]

[eCite] [Details]

Co-authors: McSherry B

Contract Report, Consultant's Report

(2 outputs)
YearCitationAltmetrics
2021Maker Y, Hudson N, McSherry B, 'Sensitive and Appropriate Engagement with Consumers Experiencing Vulnerability: Guidance and Principles for Action', Essential Services Commission, Australia (2021) [Contract Report]

[eCite] [Details]

Co-authors: McSherry B

2019Maker Y, Callahan A, McSherry B, Paterson JM, Brophy L, et al., 'Improving Access and Support for Consumers with Cognitive Disabilities: a Guide for Retailers', The University of Melbourne, Australia (2019) [Contract Report]

[eCite] [Details]

Co-authors: McSherry B; Arstein-Kerslake A

Other Public Output

(1 outputs)
YearCitationAltmetrics
2018Maker Y, Paterson JM, McSherry B, Brophy L, Arstein-Kerslake A, et al., 'Thanks a Bundle: Improving Support and Access to Online Telecommunications Products for Consumers with Cognitive Disabilities', Research Report, Australian Communications Consumer Action Network, Melbourne, pp. 1-128. (2018) [Report Other]

[eCite] [Details]

Co-authors: McSherry B; Brophy L; Arstein-Kerslake A

Grants & Funding

Yvette has demonstrated success in securing external competitive and other funding to support several streams of research, including research on the regulation of human rights-compliant mental health and disability services and the design and regulation of accessible consumer services and technologies. She is currently a Chief Investigator on the research project “Questioning the Chatbot”, funded by the Australian Communications Consumer Action Network (ACCAN) Grants Program.

Funding Summary

Number of grants

2

Total funding

$126,353

Projects

Developing Tasmanian NPM (OPCAT) Expectations: Health and Social Care Settings (2024)$50,000
Description
The Australian Government is party to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). Pursuant to OPCAT, each Australian state and territory, and the Commonwealth, is obligated to establish a National Preventive Mechanism (NPM) body, which will proactively visit places where people are or might be deprived of their liberty, to monitor for torture and ill treatment in contravention of the Convention Against Torture. In 2021, the Tasmanian Parliament passed the OPCAT Implementation Act 2021, becoming the first Australian jurisdiction to implement a comprehensive NPM legislative framework. In February 2022, the Governor appointed Richard Connock as inaugural Tasmanian NPM. The Tasmanian Government has provided funding for the design of an optimal NPM implementation model for Tasmania. One element of this implementation is the development of the Tasmanian NPMs monitoring expectations and related materials. These expectations are the working methodologies and criteria that will be used by the Office of the Tasmanian NPM to examine places visited and assess the treatment of persons deprived of their liberty, to ensure that Australias human rights obligations are met. This project will develop the draft expectations in relation to health and social care settings, focusing on aged care and disability settings.
Funding
Tasmanian Government ($50,000)
Scheme
Contract Research
Administered By
University of Tasmania
Research Team
Maker YD
Year
2024
Review of Privacy Laws in Tasmania (2020)$76,353
Description
The project will review and report on the current protections of privacy and of the right to privacy in Tasmania and any need to enhance or extend protections for privacy in Tasmania, the extent to which the Personal Information Protection Act 2004 (Tas) and related laws continue to provide an effective framework for the protection of privacy in Tasmania and the need for any reform to that Act, and models that enhance and protect privacy in other jurisdictions (in Australia and overseas).
Funding
Department of Justice Tasmania ($76,353)
Scheme
Grant-Solicitors Guarantee Fund
Administered By
University of Tasmania
Research Team
Maker YD; Bradfield RJ; Prichard JP
Year
2020

Research Supervision

Current

2

Current

DegreeTitleCommenced
MastersDisability in criminal justice2023
PhDRethinking emerging technology from persons with disabilities' perspective: A Human rights-based approach to the design, development and deployment of Artificial Intelligence2023