Producing, managing and owning knowledge in the 21st century university. The use, creation and dissemination of the products of research is a core function of Australian universities, and critical if research is to have impact in the real world. It is regulated by intellectual property laws, sector-wide grant conditions, licensing agreements with libraries and university policies on intellectual property ownership, authorship, open access and engagement. International law and practice creates an ....Producing, managing and owning knowledge in the 21st century university. The use, creation and dissemination of the products of research is a core function of Australian universities, and critical if research is to have impact in the real world. It is regulated by intellectual property laws, sector-wide grant conditions, licensing agreements with libraries and university policies on intellectual property ownership, authorship, open access and engagement. International law and practice creates another layer of regulation. Navigating this terrain is the responsibility of every academic and manager, but it is a complex, incoherent framework. Mapping it with an eye toward harmonization and coherence will better advance public goals, in particular improve access to research for impact and engagement.Read moreRead less
A legal framework for resilient electricity infrastructure in Australia. This project aims to develop a legal and governance framework to enhance the resilience of Australia's electricity infrastructure in a changing climate. Building resilience reduces the total cost of disasters in Australia, a major share of which will come from replacing damaged critical infrastructure, without accounting for climate change impacts. This project aims to develop the legal and governance framework by addressin ....A legal framework for resilient electricity infrastructure in Australia. This project aims to develop a legal and governance framework to enhance the resilience of Australia's electricity infrastructure in a changing climate. Building resilience reduces the total cost of disasters in Australia, a major share of which will come from replacing damaged critical infrastructure, without accounting for climate change impacts. This project aims to develop the legal and governance framework by addressing both the integration of smart technologies and disaster risk reduction measures in the electricity system. This is expected to provide significant economic, social and environmental benefits to Australia.Read moreRead less
Indigenous Justice Reports: new narratives and practices in sentencing. This project engages a participatory action research model to assess the impact of Indigenous Justice Reports in criminal sentencing on sentence practices and outcomes for Indigenous women. It introduces Indigenous Reports for Indigenous women in Victorian Koori Courts and expands their availability in Queensland Murri Courts. Its comparative research approach identifies how place-based factors influence the process and impa ....Indigenous Justice Reports: new narratives and practices in sentencing. This project engages a participatory action research model to assess the impact of Indigenous Justice Reports in criminal sentencing on sentence practices and outcomes for Indigenous women. It introduces Indigenous Reports for Indigenous women in Victorian Koori Courts and expands their availability in Queensland Murri Courts. Its comparative research approach identifies how place-based factors influence the process and impact of Indigenous Reports on sentencing. This project seeks to improve sentencing processes and outcomes for Indigenous defendants by providing courts with reports that address personal and community circumstances of Indigenous women, provide relevant sentencing options and are accompanied with appropriate supports.Read moreRead less
Peer Review of Financial Regulatory Agencies. The project aims to study peer review of Australian financial regulators by their international peers. Transnational peer review is increasingly used in transnational regulatory networks, international organisations and regional trade partnerships. However the conduct and effects of such peer review are opaque. The project aims to shine new light on the function and legitimacy of transnational peer review as it applies to Australian financial regulat ....Peer Review of Financial Regulatory Agencies. The project aims to study peer review of Australian financial regulators by their international peers. Transnational peer review is increasingly used in transnational regulatory networks, international organisations and regional trade partnerships. However the conduct and effects of such peer review are opaque. The project aims to shine new light on the function and legitimacy of transnational peer review as it applies to Australian financial regulators. A key expected outcome is to develop a normative understanding about whether transnational peer review enhances the efficacy and accountability of Australian financial regulators given the more limited oversight of such regulators by parliaments and courts. Read moreRead less
Recognition after Uluru: what next for First Nations? This project aims to examine the extent to which Australia’s system of government appropriately serves and represents the interests of Aboriginal and Torres Strait Islander peoples. Such improvements offer the potential to enhance programs in areas such as health and education, including the Closing the Gap initiative. Drawing on public law principles as well as comparative and international legal material, the project will develop a model of ....Recognition after Uluru: what next for First Nations? This project aims to examine the extent to which Australia’s system of government appropriately serves and represents the interests of Aboriginal and Torres Strait Islander peoples. Such improvements offer the potential to enhance programs in areas such as health and education, including the Closing the Gap initiative. Drawing on public law principles as well as comparative and international legal material, the project will develop a model of governance against which the Australian system can be assessed. An audit will then be conducted of how that system operates in comparison to this model, before drawing conclusions and identifying potential reforms. The outcome of this project will be original scholarship of domestic and international significance that will inform academic and policy debate during and beyond the proposed referendum to recognise Indigenous peoples in the Constitution.Read moreRead less
Informal Lawmaking in Maritime Security: New Directions in Ocean Governance. This project will investigate the rapidly increasing contribution of informal lawmaking to promoting maritime security and to developing new forms of ocean governance. It is important to assess this form of international cooperation in response to key maritime security concerns, such as the freedom of navigation, boat migration, illegal fishing and transnational crimes, to demonstrate the impact of diverse actors, insti ....Informal Lawmaking in Maritime Security: New Directions in Ocean Governance. This project will investigate the rapidly increasing contribution of informal lawmaking to promoting maritime security and to developing new forms of ocean governance. It is important to assess this form of international cooperation in response to key maritime security concerns, such as the freedom of navigation, boat migration, illegal fishing and transnational crimes, to demonstrate the impact of diverse actors, institutions and networks on governance. This research will facilitate how international lawyers and policymakers can currently influence the operation of international law to improve maritime security responses and will better equip Australia to preserve its leadership role internationally in promoting a rules-based order at sea.Read moreRead less
Improving International Law Regulation of Maritime Autonomous Vessels . The use of maritime autonomous vessels (MAVs) is creating regulatory and enforcement opportunities and challenges under international law. The aim of this project is to fill a critical gap in current responses in international law in focusing on the challenges posed by MAVs to international maritime security law. MAVs are increasingly useful for states in peacetime military operations, in response to transnational crime, mar ....Improving International Law Regulation of Maritime Autonomous Vessels . The use of maritime autonomous vessels (MAVs) is creating regulatory and enforcement opportunities and challenges under international law. The aim of this project is to fill a critical gap in current responses in international law in focusing on the challenges posed by MAVs to international maritime security law. MAVs are increasingly useful for states in peacetime military operations, in response to transnational crime, maritime cybersecurity, and in promoting broader national security goals, but non-state actors may also use them for terrorist and transnational criminal activity. International law has not kept up with this technology so this project will redress that problem and propose law reform to enhance global maritime security.Read moreRead less
Building an intellectual property system: The Indonesian experience. This project aims to provide an independent assessment of the development of the Indonesian intellectual property system over the past 30 years. Economic theory suggests pathways to innovation and ‘tipping points’ in intellectual property (IP) development. This project plans to explore the introduction and operation of IP in Indonesia as a typical example for middle-income developing countries. It plans to analyse hundreds of c ....Building an intellectual property system: The Indonesian experience. This project aims to provide an independent assessment of the development of the Indonesian intellectual property system over the past 30 years. Economic theory suggests pathways to innovation and ‘tipping points’ in intellectual property (IP) development. This project plans to explore the introduction and operation of IP in Indonesia as a typical example for middle-income developing countries. It plans to analyse hundreds of court decisions that have recently become available, as well as the implementing laws and institutions supporting IP. It aims to show the bargaining processes about the future of the system between the government and foreign investors as well as citizens and between different institutions, thereby providing valuable information to Australian businesses and the government.Read moreRead less
Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgmen ....Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgments, court transcripts and interviews with prosecutors and defence lawyers, in three Australian jurisdictions. It should produce significant new knowledge about whether existing laws and court room practices are optimally adapted to achieving the important objective of justice for sexual violence victims.
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Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on ....Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on the views of key stakeholders about the effectiveness of the mechanisms used to resolve human rights complaints. This new information will inform legal and policy reform throughout Australia. The expected outcomes include developing a robust evidence-based model for human rights dispute resolution in the Australian context.Read moreRead less