The legal and social dimensions of financial hardship in Australia: Implications for legal, regulatory and policy frameworks. Financial hardship, the reduced ability to meet monetary obligations because of loss of employment, illness or disaster, is an increasing problem for both low-income and middle-income Australians. This project is the first in-depth study of the practical operation of Australia’s financial hardship laws, which are designed to protect Australians suffering financial hardshi ....The legal and social dimensions of financial hardship in Australia: Implications for legal, regulatory and policy frameworks. Financial hardship, the reduced ability to meet monetary obligations because of loss of employment, illness or disaster, is an increasing problem for both low-income and middle-income Australians. This project is the first in-depth study of the practical operation of Australia’s financial hardship laws, which are designed to protect Australians suffering financial hardship. Major surveys will be undertaken of senior staff of financial dispute resolution schemes, financial counsellors, consumer solicitors and consumer advocates as well as persons suffering financial hardship. The project outcomes will include improvements to dispute resolution involving financial hardship and consumer advisory services, and potential law reform proposals.Read moreRead less
Model Laws to Regulate the Use of Restraint on Persons with Disabilities. This project aims to address the current lack of a common legal framework for regulating the use of restraint on persons with disabilities in mental health, disability and aged care sectors. Through developing model laws and guidelines, this project aims to support the Disability Ministers’ National Framework for Reducing and Eliminating the Use of Restrictive Practices and the National Mental Health Commission’s work on r ....Model Laws to Regulate the Use of Restraint on Persons with Disabilities. This project aims to address the current lack of a common legal framework for regulating the use of restraint on persons with disabilities in mental health, disability and aged care sectors. Through developing model laws and guidelines, this project aims to support the Disability Ministers’ National Framework for Reducing and Eliminating the Use of Restrictive Practices and the National Mental Health Commission’s work on reducing and eliminating restraint. Its main objective is to benefit persons with disabilities by supporting government policies aimed at reducing, with a view to eliminating, the adverse consequences of coercive practices in general.Read moreRead less
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.
Electronic Health Records: Achieving an Effective and Ethical Legal and Recordkeeping Framework. Health records are essential to efficacious treatment and affect every individual. They are 'socially-critical' communications because the therapeutic relationship between doctor and patient is based on trust. Without any systematic ethical and legal safeguards or recordkeeping framework, the application of new technologies for networking health records lacks social credibility. This multidisciplina ....Electronic Health Records: Achieving an Effective and Ethical Legal and Recordkeeping Framework. Health records are essential to efficacious treatment and affect every individual. They are 'socially-critical' communications because the therapeutic relationship between doctor and patient is based on trust. Without any systematic ethical and legal safeguards or recordkeeping framework, the application of new technologies for networking health records lacks social credibility. This multidisciplinary study will provide a set of principles and standards relating to authenticity, ownership, access, privacy, and confidentiality of doctor-patient communications in a networked environment, which, if implemented, will benefit patients and the medical community thus furthering the development of a more efficacious national health system.Read moreRead less
Confidentiality in Therapeutic Relationships: Developing Guidelines for Mental Health Professionals. The outcome of this project will be a document on ethical standards that will contribute to a conceptual framework for resolving ethical, legal and professional issues that need to be addressed with regard to confidentiality in therapeutic relationships. By assisting with the establishment of guidelines necessary to promote clarity and confidence, the project will make a substantial contribution ....Confidentiality in Therapeutic Relationships: Developing Guidelines for Mental Health Professionals. The outcome of this project will be a document on ethical standards that will contribute to a conceptual framework for resolving ethical, legal and professional issues that need to be addressed with regard to confidentiality in therapeutic relationships. By assisting with the establishment of guidelines necessary to promote clarity and confidence, the project will make a substantial contribution to the effective implementation of a way of working which improves the delivery and quality of mental health care for patients and goes some way to ensuring greater safety for the public.Read moreRead less
The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the p ....The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the project will provide a solid basis for shifting the prevailing focus on parents’ needs in application of the law toward more child-responsive parenting arrangements. This new knowledge will support parents and professionals to achieve child-responsive approaches to post-separation parenting arrangements, reducing potentially adverse impacts of parental separation on children, and benefitting children, families and the community.Read moreRead less
Controversies of legal interpretation: a philosophical investigation of reasoning and adjudication in some recent contentious cases. A series of High Court decisions in Australia since the 1980's generated a public controversy about the role of moral and political values in adjudication. It has been charged that judges are engaged, not in an exercise of technical legal interpretation, but rather in illegitimate and politically partisan ?judicial activism.? The project investigates the theoretica ....Controversies of legal interpretation: a philosophical investigation of reasoning and adjudication in some recent contentious cases. A series of High Court decisions in Australia since the 1980's generated a public controversy about the role of moral and political values in adjudication. It has been charged that judges are engaged, not in an exercise of technical legal interpretation, but rather in illegitimate and politically partisan ?judicial activism.? The project investigates the theoretical and applied questions of legal interpretation implicit in this argument. It rejects the charge of judicial activism. It proposes a ?value-maximizing? theory of reasoning and interpretation that characterizes adjudication in contentious cases as precisely a process of theorizing about relevant moral and political values.Read moreRead less
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
Transition to a clean energy future: the role of climate change litigation in shaping our regulatory path. As the world seeks a clean energy future, courts in Australia and other key fossil fuel-producing nations, like the United States, are increasingly hearing cases seeking to block the use of coal due to its climate change effects. This project critically assesses the role such climate litigation plays in generating regulatory momentum to address climate change.