Preventive Detention of High Risk Offenders: The Search for Effective and Legitimate Parameters. This Project will provide Australian policymakers with proposals for the management and treatment of high risk offenders that adopt international best practice standards and which are constitutionally valid and consistent with Australia's international legal obligations. It seeks to help safeguard the community from offenders considered at high risk of causing harm.
Auditing the Victorian Charter: Australian and international perspectives on applied human rights. This project is a detailed legal, government and policy case study of the most important human rights initiative in recent Australian history. It will provide research and new knowledge in key areas of human rights: the operation of human rights Bills, links between human rights and social disadvantage, education and community attitudes, and strategic government implementation. The project will d ....Auditing the Victorian Charter: Australian and international perspectives on applied human rights. This project is a detailed legal, government and policy case study of the most important human rights initiative in recent Australian history. It will provide research and new knowledge in key areas of human rights: the operation of human rights Bills, links between human rights and social disadvantage, education and community attitudes, and strategic government implementation. The project will develop a new policy tool (a national Audit) to monitor, plan and strengthen human rights in government and the community, and contribute to better social wellbeing and stronger democracy in Australia.Read moreRead less
Non-Discrimination Laws and Religious Freedom: Current Conflicts and Future Directions. Achieving the right balance between adequately protecting religious freedom while staying true to principles of non-discrimination is far from easy. This project will advance understanding and analysis of religious freedom and equal treatment in Australia, in principle, in law and empirically. In the context of community tensions along ethno-religious lines, it will benefit Australia to have the issues at st ....Non-Discrimination Laws and Religious Freedom: Current Conflicts and Future Directions. Achieving the right balance between adequately protecting religious freedom while staying true to principles of non-discrimination is far from easy. This project will advance understanding and analysis of religious freedom and equal treatment in Australia, in principle, in law and empirically. In the context of community tensions along ethno-religious lines, it will benefit Australia to have the issues at stake described and clarified. The project will identify the relevant interests at stake and develop policy recommendations for their protection. The aim is to contribute to inter-religious (and inter-cultural) harmony, as an element of safeguarding Australia.Read moreRead less
International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding ....International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding of the law and policy issues affecting how we treat war crimes and terrorism and by engaging not just with the academic and practitioner community in Australia and internationally, but with government representatives from the Attorney-General's, Foreign Affairs and Defence Departments.Read moreRead less
Defining and Attempting Reconciliation: A Critical Analysis of the Pursuit of Reconciliation in South Africa's Truth and Reconciliation Commission. This project challenges existing accounts of South Africa's confrontation of its apartheid past, by establishing the conceptual significance of 'reconciliation' in its Truth and Reconciliation Commission. Using a perspective informed by the international context of transitional justice, and by comparison with other postcolonial racially-divided soci ....Defining and Attempting Reconciliation: A Critical Analysis of the Pursuit of Reconciliation in South Africa's Truth and Reconciliation Commission. This project challenges existing accounts of South Africa's confrontation of its apartheid past, by establishing the conceptual significance of 'reconciliation' in its Truth and Reconciliation Commission. Using a perspective informed by the international context of transitional justice, and by comparison with other postcolonial racially-divided societies, it tests the hypothesis that restorative justice is more effective than retributive justice. Publication of the findings in a book and articles will illuminate the significance of 'reconciliation' for South Africa's recent political, legal and social history, and for its immediate future. In a larger thematic context, it also offers important applications for Australia.Read moreRead less
Law, Governance and Regulation of Intra-regional Labour Migration in South East Asia: An Agenda for Protection and Development. Safe and effective labour migration in the South East Asian region contributes to the prosperity, security and stability of the region and of Australia's trading partners. This project will contribute to safeguarding Australia by improving our legal and policy responses to people movement and by tackling the problem of transnational crime associated with irregular migra ....Law, Governance and Regulation of Intra-regional Labour Migration in South East Asia: An Agenda for Protection and Development. Safe and effective labour migration in the South East Asian region contributes to the prosperity, security and stability of the region and of Australia's trading partners. This project will contribute to safeguarding Australia by improving our legal and policy responses to people movement and by tackling the problem of transnational crime associated with irregular migration (smuggling) and trafficking. The project will enhance Australia's reputation, leadership and influence in the South East Asian region and will lead to economic and social benefits for Australia through strengthening co-operative relationships and improved prosperity in the region. Read moreRead less
Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region. The problem of trafficking in persons and issues of forced migration in the Asia-Pacific region are matters of national concern as they involve the security of the nation and the prevention of organised transnational crime. This project will contribute to the safeguarding of Australia by improving our understanding of the nature of the problem and what legal responses ....Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region. The problem of trafficking in persons and issues of forced migration in the Asia-Pacific region are matters of national concern as they involve the security of the nation and the prevention of organised transnational crime. This project will contribute to the safeguarding of Australia by improving our understanding of the nature of the problem and what legal responses work best in combating trafficking. By specifically focussing on the gaps in the existing law, practice and policy, the project will enable Australia to be a major international leader in this important field.Read moreRead less
Caring for Asylum Seekers in Australia: Bioethics and Human Rights. Australia's policy of mandatory detention has been criticised at home and abroad. This research will bring together both empirical and reflective material about that policy by those who have seen its effects first hand, which will make an important contribution to national self-definition. The research process itself will bring together practitioners who have worked in the field, many of whom have expressed the need for recordin ....Caring for Asylum Seekers in Australia: Bioethics and Human Rights. Australia's policy of mandatory detention has been criticised at home and abroad. This research will bring together both empirical and reflective material about that policy by those who have seen its effects first hand, which will make an important contribution to national self-definition. The research process itself will bring together practitioners who have worked in the field, many of whom have expressed the need for recording their experiences, and guidelines as to how to practice in the future when human rights issues form a part of clinical practice. As such, the project will contribute to other areas of healthcare where such issues are present, such as indigenous health, mental health, and the care of other vulnerable populations. Read moreRead less
The history of advocacy and guardianship for people with disabilities in Victoria, 1986 - 2006. The history and analysis of the Victorian Office of the Public Advocate will benefit the national community by providing a fuller understanding of guardianship and advocacy in daily action, and of the interaction between people with disabilities and the state. It will make an important contribution to understanding the changing ways that governments act and deliver services. The project will also deep ....The history of advocacy and guardianship for people with disabilities in Victoria, 1986 - 2006. The history and analysis of the Victorian Office of the Public Advocate will benefit the national community by providing a fuller understanding of guardianship and advocacy in daily action, and of the interaction between people with disabilities and the state. It will make an important contribution to understanding the changing ways that governments act and deliver services. The project will also deepen understanding of volunteering, in particular of the role ordinary citizens can play in guarding the rights of their fellow citizens. Read moreRead less
Improving the Effectiveness of Australia's Anti-Discrimination Laws. The effectiveness of Australia's anti-discrimination laws in reducing discrimination and developing acceptance of diversity has been limited by reliance on a complaints-based enforcement model, narrow drafting and technical judicial interpretations. The laws will be analysed and evaluated against overseas laws and by a survey of stakeholders and users. Results will significantly develop the literature, and produce recommendat ....Improving the Effectiveness of Australia's Anti-Discrimination Laws. The effectiveness of Australia's anti-discrimination laws in reducing discrimination and developing acceptance of diversity has been limited by reliance on a complaints-based enforcement model, narrow drafting and technical judicial interpretations. The laws will be analysed and evaluated against overseas laws and by a survey of stakeholders and users. Results will significantly develop the literature, and produce recommendations for improvement of the legislation to protect the community better from discrimination and encourage harmony with diversity, essential to Australia's future. All equal opportunity legislation throughout Australia will be analysed, with a focus on the Victorian Equal Opportunity Act 1995.Read moreRead less