People with Mental Health Disorders and Cognitive Disabilities in the Criminal Justice System. Over 40 000 people are imprisoned in Australia each year, almost half of them in NSW. 40% males and 60% females involved in the NSW CJS have a MHD or CD with many having a dual diagnosis. The appropriateness of the arrest and imprisonment of many people with MHDCD is currently of serious public, social and professional concern. Interventions are hampered by lack of an overall and longitudinal appreciat ....People with Mental Health Disorders and Cognitive Disabilities in the Criminal Justice System. Over 40 000 people are imprisoned in Australia each year, almost half of them in NSW. 40% males and 60% females involved in the NSW CJS have a MHD or CD with many having a dual diagnosis. The appropriateness of the arrest and imprisonment of many people with MHDCD is currently of serious public, social and professional concern. Interventions are hampered by lack of an overall and longitudinal appreciation of the CJS's impact upon and interaction with such people.This study will provide integrated information for the first time in Australia and give CJS and human service agencies a coherent picture of the involvement of people with MHDCD in the CJS, which will assist development of new interventions to address duty of care and human rights.Read moreRead less
Managing Conflict in Higher Education. Disputes in Australian universities attract extensive publicity that damages the national and international reputation of Australian universities in the local and global marketplace. Litigation and other costs amount to millions of dollars. This money could be better spent on universities' core business of teaching and research. This project will use new developments in alternative dispute resolution to help Australian universities resolve disputes more eff ....Managing Conflict in Higher Education. Disputes in Australian universities attract extensive publicity that damages the national and international reputation of Australian universities in the local and global marketplace. Litigation and other costs amount to millions of dollars. This money could be better spent on universities' core business of teaching and research. This project will use new developments in alternative dispute resolution to help Australian universities resolve disputes more effectively. It will focus on methods of resolving disputes that save costs but are also appropriate for disputes involving important issues such as academic freedom. Read moreRead less
Living Down the Past: Criminal Record Checks and Access to Employment for Ex-offenders. This project will introduce increased certainty as to the rights and obligations of Australian employers and employees in the use of criminal records checks. It will have significant economic and social benefits for Australia, by helping to reduce the inappropriate exclusion of ex-offenders from employment; improving the rehabilitation of ex-offenders through facilitating their employment opportunities and lo ....Living Down the Past: Criminal Record Checks and Access to Employment for Ex-offenders. This project will introduce increased certainty as to the rights and obligations of Australian employers and employees in the use of criminal records checks. It will have significant economic and social benefits for Australia, by helping to reduce the inappropriate exclusion of ex-offenders from employment; improving the rehabilitation of ex-offenders through facilitating their employment opportunities and lowering rates of recidivism. Other outcomes will be to maximise Australia's labour supply and support efforts to prioritise social inclusion on the national agenda. The project will assist Australia to meet its international obligations and address human rights principles in relation to employment.Read moreRead less
Sentencing Indigenous offenders of partner violence: A fundamental comparative analysis of Indigenous sentencing courts and specialist family violence courts. Courts are often used for rehabilitating offenders, however, there is usually little thought and planning put into the development of court processes so that they can achieve their goals. Since specialist courts are being used to sentence Indigenous offenders of partner violence it is important to make the court experience more meaningfu ....Sentencing Indigenous offenders of partner violence: A fundamental comparative analysis of Indigenous sentencing courts and specialist family violence courts. Courts are often used for rehabilitating offenders, however, there is usually little thought and planning put into the development of court processes so that they can achieve their goals. Since specialist courts are being used to sentence Indigenous offenders of partner violence it is important to make the court experience more meaningful for such offenders so that a reduction of violence in Indigenous communities can begin to occur. The economic and social benefits of reducing violence have direct effects on the individuals affected, and wider, long-term effects on generating more harmonious and cohesive Indigenous families and communities. Read moreRead less
Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The ....Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The project will inform the Australian government with regards to policy making for this area and facilitate the planning of effective cooperation programs with Asian countries. Read moreRead less
Enhancing court safety by managing people, places and processes. Australia will be better protected 'from terrorism and crime' by having safer courts. High-profile criminal cases can be managed more expeditiously, vulnerable participants will be able to take part more confidently in justice processes, while Australian society more generally will be protected by having courts that provide effective responses to crime while maintaining openness and respect for law. In providing a holistic analy ....Enhancing court safety by managing people, places and processes. Australia will be better protected 'from terrorism and crime' by having safer courts. High-profile criminal cases can be managed more expeditiously, vulnerable participants will be able to take part more confidently in justice processes, while Australian society more generally will be protected by having courts that provide effective responses to crime while maintaining openness and respect for law. In providing a holistic analysis of safety needs and responses, the study also provides an empirial foundation for developing 'smart information uses', ensuring that surveillance and screening technologies complement court design and training policies to create environments that are physically and psychologically safe.Read moreRead less
Improving online case law within the constraints of free access through heuristic linking and resulting discovery mechanisms. Better interconnections between cases and between cases and other documents, will improve the work of the judiciary, lawyers and legal researchers. Improved speed, accuracy and comprehensiveness of assessment of the legal implications of previous cases should result in better quality client advice and judicial decisions. The general public and business, for whom AustLII ....Improving online case law within the constraints of free access through heuristic linking and resulting discovery mechanisms. Better interconnections between cases and between cases and other documents, will improve the work of the judiciary, lawyers and legal researchers. Improved speed, accuracy and comprehensiveness of assessment of the legal implications of previous cases should result in better quality client advice and judicial decisions. The general public and business, for whom AustLII is the principal means of accessing law, will also benefit from better understanding of, and easier access to, the interconnections between the sources of law. Free access via AustLII's increasingly comprehensive coverage of Australian Courts and Tribunals means these innovations will be of immediate broad national benefit.Read moreRead less
Family law and the indissolubility of parenthood. This project involves a comparative analysis of how different family law systems address the problems of post-separation parenting, in particular, the tension between the promise of post-separation autonomy and the need for continuing co-operation between parents. Changes in expectations about post-separation parenting are placing pressures on legal systems to play an ongoing role in dispute resolution and to find a balance between continuing con ....Family law and the indissolubility of parenthood. This project involves a comparative analysis of how different family law systems address the problems of post-separation parenting, in particular, the tension between the promise of post-separation autonomy and the need for continuing co-operation between parents. Changes in expectations about post-separation parenting are placing pressures on legal systems to play an ongoing role in dispute resolution and to find a balance between continuing contact and issues about the safety of women and children from family violence. By examining existing approaches, processes and law reform proposals in North America, Europe and elsewhere, proposals will be developed for systemic reform in Australia.Read moreRead less
Gateways to Justice: improving video-mediated communications for justice participants. Australia will be better protected from terrorism and crime if courts are able to make effective use of high-quality video evidence, both from scientific experts and from key witnesses who cannot be produced in person for security reasons. Appropriate application of the technology can also increase effective and timely access to justice for other justice participants including indigenous people in remote commu ....Gateways to Justice: improving video-mediated communications for justice participants. Australia will be better protected from terrorism and crime if courts are able to make effective use of high-quality video evidence, both from scientific experts and from key witnesses who cannot be produced in person for security reasons. Appropriate application of the technology can also increase effective and timely access to justice for other justice participants including indigenous people in remote communities. The project contributes to the take-up of frontier technologies by developing a best practice model for using video testimony in justice settings, and identifying the social and environmental conditions necessary for successful implementation.Read moreRead less
Challenges, Possibilities and Future Directions: A National Assessment of Australia's Children's Courts. Children's Courts occupy a unique position in the child welfare and juvenile justice systems in responding to often marginalized delinquent youth and vulnerable children and families. Philosophical and structural shifts in Australia and overseas suggest community and legal system responses are often ineffective and contribute to longer-term problems, creating social challenges for governments ....Challenges, Possibilities and Future Directions: A National Assessment of Australia's Children's Courts. Children's Courts occupy a unique position in the child welfare and juvenile justice systems in responding to often marginalized delinquent youth and vulnerable children and families. Philosophical and structural shifts in Australia and overseas suggest community and legal system responses are often ineffective and contribute to longer-term problems, creating social challenges for governments and communities alike. This national study will examine how key stakeholders, including, significantly, judicial officers, view the Children's Court's contemporary responses and challenges, their preferred alternatives responses and the viability of suggested reforms, thus offering a unique contribution to informing legal and social policy change.Read moreRead less