Trajectories of Wrongful Conviction and Pathways to Exoneration. This is the first national study of its kind that investigates the trajectories of wrongful convictions as systems failures by examining decisions from investigation to exoneration. Wrongful conviction is a significant social and legal problem in Australia and other nations. It costs the Australian government millions in police, court and prison services and has health and psychological consequences for exonerees and their families ....Trajectories of Wrongful Conviction and Pathways to Exoneration. This is the first national study of its kind that investigates the trajectories of wrongful convictions as systems failures by examining decisions from investigation to exoneration. Wrongful conviction is a significant social and legal problem in Australia and other nations. It costs the Australian government millions in police, court and prison services and has health and psychological consequences for exonerees and their families. Expected outcomes for this project include an early warning detection tool to identify at-risk cases and overall improved accuracy in convictions. This will provide significant benefits, for criminal justice agencies, victims and accused individuals while positioning Australia as a world leader in the field.Read moreRead less
Advancing investor action on energy transition. This project aims to advance action by investors (debt and equity) to increase finance for low-carbon energy sources that reduce fundamental climate risks. The project applies interdisciplinary approaches to generate new knowledge about the business case for investor leadership on energy transition and supportive climate law and financial regulatory frameworks. Collaborative legal and business analysis by leading Australian and US scholars, coupled ....Advancing investor action on energy transition. This project aims to advance action by investors (debt and equity) to increase finance for low-carbon energy sources that reduce fundamental climate risks. The project applies interdisciplinary approaches to generate new knowledge about the business case for investor leadership on energy transition and supportive climate law and financial regulatory frameworks. Collaborative legal and business analysis by leading Australian and US scholars, coupled with interviews and focus groups with investors, will examine contemporary engagement practices and investors' management of climate-related financial risks. Expected outcomes are targeted reform proposals to benefit policymakers and the environment by fostering private financing of clean energy.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
Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This projec ....Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This project aims to examine how police and prosecutors decide which cases proceed and why, and how they confer with each other as well as when and how they consult with complainants and their families. This project plans to also develop and test practice tools and principles for police and prosecutors with expected benefits for both them and the families involved.Read moreRead less
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
The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Proj ....The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Project include the development of law reform and policy recommendations to improve the operation of the offence, enhance service responses and develop professional education. This research will provide significant social and economic benefits through better understanding of the legal response to domestic violence.
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Legal and social dynamics of eBook lending in Australia’s public libraries. Legal and social dynamics of eBook lending in Australia’s public libraries. This project aims to develop an evidence base of quantitative and qualitative data about how eBooks are used in libraries. EBooks have tremendous beneficial potential, particularly for Australians in remote areas and those with impaired mobility or vision. However, libraries’ rights to acquire and lend them are more restricted than for physical b ....Legal and social dynamics of eBook lending in Australia’s public libraries. Legal and social dynamics of eBook lending in Australia’s public libraries. This project aims to develop an evidence base of quantitative and qualitative data about how eBooks are used in libraries. EBooks have tremendous beneficial potential, particularly for Australians in remote areas and those with impaired mobility or vision. However, libraries’ rights to acquire and lend them are more restricted than for physical books. Libraries and legal, social and data science researchers will investigate eBook lending practices and understand their social impacts. The project will identify ways of reforming policy, law, and practice to help libraries fulfil their public interest missions. This project is expected to enable libraries to extract more value from existing public investments.Read moreRead less
Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored thr ....Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored through an in-depth examination of four test case exemplars. This project’s benefits include building a new relationship between Australian judges and Indigenous people and contributing to Australia's jurisprudence on Indigenous people and the law.Read moreRead less
Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of plur ....Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of pluralised constituent power. Expected benefits include the generation of insights into the constitutional foundations of federal systems (including Australia), new approaches to the interpretation of federal constitutions and mapping of pathways for legitimate constitutional reform.Read moreRead less