Internal Regulation: Overcoming the Disconnect between Corporate Objectives and Health, Safety, Environmental and Community Performance. This research will enable corporations to identify the points of greatest leverage over corporate and facility level health, safety, environmental and community (HSEC) performance and to develop strategies that successfully achieve their HSEC objectives. It will provide broader national benefits in (i) reducing workplace injury and environmental degradation at ....Internal Regulation: Overcoming the Disconnect between Corporate Objectives and Health, Safety, Environmental and Community Performance. This research will enable corporations to identify the points of greatest leverage over corporate and facility level health, safety, environmental and community (HSEC) performance and to develop strategies that successfully achieve their HSEC objectives. It will provide broader national benefits in (i) reducing workplace injury and environmental degradation at multiple facilities across Australia and (ii) increasing productivity and economic benefits (by doing so at reduced cost to companies). The study will also benefit the Australian and regional communities by identifying strategies that facilitate better community-company relations. Read moreRead less
Withholding and withdrawing life-sustaining treatment from adults lacking capacity: Enhancing medical decision-making through doctors' compliance with the law. This project will enhance medical decision-making about the provision of life-sustaining treatment to adults without decision-making capacity through improved compliance with the law. This will advance patients' autonomy and dignity, protect vulnerable adults whose lives may be wrongly ended because of inappropriate treatment decisions a ....Withholding and withdrawing life-sustaining treatment from adults lacking capacity: Enhancing medical decision-making through doctors' compliance with the law. This project will enhance medical decision-making about the provision of life-sustaining treatment to adults without decision-making capacity through improved compliance with the law. This will advance patients' autonomy and dignity, protect vulnerable adults whose lives may be wrongly ended because of inappropriate treatment decisions and avoid litigation for doctors and hospitals. The project also aims to improve the quality of the law by resolving legal ambiguity and proposing reforms. This will further enhance the quality of decision-making, and will reduce defensive medicine and the cost of complying with the law, leading to savings in health expenditure.Read moreRead less
Sexual harassment in Australia: Contexts, outcomes and prevention. Sexual harassment remains a persistent workplace issue with significant social costs. The project will examine how to most effectively prevent sexual harassment and to reduce the impact of sexual harassment for individuals and organizations where it occurs. A comprehensive analysis will be undertaken, drawing on a longitudinal study of more than 100 'targets' of sexual harassment, interviews with a wide range of employers and ext ....Sexual harassment in Australia: Contexts, outcomes and prevention. Sexual harassment remains a persistent workplace issue with significant social costs. The project will examine how to most effectively prevent sexual harassment and to reduce the impact of sexual harassment for individuals and organizations where it occurs. A comprehensive analysis will be undertaken, drawing on a longitudinal study of more than 100 'targets' of sexual harassment, interviews with a wide range of employers and external complaint handling bodies, and an analysis of formal and informal reports. The project outcomes will contribute to improved policy and practice in workplaces and human rights and assist other bodies to prevent and more effectively respond to sexual harassment.Read moreRead less
The Impact of Hate Speech Laws on Public Discourse in Australia. 2009 will mark the 20th anniversary of the enactment of the first Australian laws (NSW) directed at the regulation of hate speech. Although hate speech laws are now firmly embedded in Australia's legal landscape, and have been extended in some jurisdictions to vilification based on religious and sexual orientation, they remain a controversial instrument for supporting Australia's policies on multiculturalism, religious tolerance an ....The Impact of Hate Speech Laws on Public Discourse in Australia. 2009 will mark the 20th anniversary of the enactment of the first Australian laws (NSW) directed at the regulation of hate speech. Although hate speech laws are now firmly embedded in Australia's legal landscape, and have been extended in some jurisdictions to vilification based on religious and sexual orientation, they remain a controversial instrument for supporting Australia's policies on multiculturalism, religious tolerance and respect for difference. An examination of the effects of hate speech laws on public discourse - both intended and unintended - will offer valuable insights about the capacity of law to deliver social cohesion in 21st century Australia.Read moreRead less
Commercial risk management in the health environment: exploring the legal and ethical boundaries of consent in genetic diagnostic research. There is little empirical research on consent in clinical research, particularly genetic diagnostic testing, despite its key significance to risk management in medical research practice. This study analyses consent procedures of clinicians and researchers for individual research participants. Key clinicians and Laboratory Heads engaged in genetic diagnostic ....Commercial risk management in the health environment: exploring the legal and ethical boundaries of consent in genetic diagnostic research. There is little empirical research on consent in clinical research, particularly genetic diagnostic testing, despite its key significance to risk management in medical research practice. This study analyses consent procedures of clinicians and researchers for individual research participants. Key clinicians and Laboratory Heads engaged in genetic diagnostic research will be interviewed and consent forms assessed. This will produce identification of trends in consent procedures and baseline information for national studies. The significance is the priority accorded genetic research, the need for adequate risk management in that context and development of optimal consent procedures and policy at State and National levels.Read moreRead less
Striking Hard at crime: criminal justice practice in China today. Australia has established a bilateral human rights dialogue with China. Chinese society is increasingly violent and its crime problems are increasingly transnational in nature. Some of the crimes targeted in China's current anti-crime policy have direct impact on our political refugee policy in Australia, in particular, Falungong adherents applying for refugee status. It is therefore vital that we strengthen our knowledge of this ....Striking Hard at crime: criminal justice practice in China today. Australia has established a bilateral human rights dialogue with China. Chinese society is increasingly violent and its crime problems are increasingly transnational in nature. Some of the crimes targeted in China's current anti-crime policy have direct impact on our political refugee policy in Australia, in particular, Falungong adherents applying for refugee status. It is therefore vital that we strengthen our knowledge of this area of Asian law. This project aims to strengthen Australia's understanding of China's key politico-legal issues in order to better understand and engage with this emerging world superpower. 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
Women and Legal Aid: Identifying Disadvantage. Gender bias in legal aid provision has been identified as a source of women's social inequality. Given restricted legal aid budgets, however, the focus of concerns about gender bias must become whether any particular groups of women are disadvantaged in access to legal aid. This project will determine the impact of current legal aid funding practices on rural and regional women, Indigenous women, and other groups of women, in order to identify unmet ....Women and Legal Aid: Identifying Disadvantage. Gender bias in legal aid provision has been identified as a source of women's social inequality. Given restricted legal aid budgets, however, the focus of concerns about gender bias must become whether any particular groups of women are disadvantaged in access to legal aid. This project will determine the impact of current legal aid funding practices on rural and regional women, Indigenous women, and other groups of women, in order to identify unmet needs, and assist in the better targeting of scarce resources. The results of the research will provide a valuable input into the future development of legal aid policy and services for the most disadvantaged women.Read moreRead less
Australian innovations in legal aid services: balancing cost and client needs. Australian legal aid innovations are at the forefront of international practice. Over the past decade, Australian Legal Aid Commissions have reduced the number of grants for legal representation, while introducing a range of new services, many of which are designed to assist clients to solve their own dispute out of court, or to undertake much of the work associated with court proceedings themselves. The project will ....Australian innovations in legal aid services: balancing cost and client needs. Australian legal aid innovations are at the forefront of international practice. Over the past decade, Australian Legal Aid Commissions have reduced the number of grants for legal representation, while introducing a range of new services, many of which are designed to assist clients to solve their own dispute out of court, or to undertake much of the work associated with court proceedings themselves. The project will subject these new services to independent evaluation and scholarly analysis. Its results will provide a valuable input into the future development of legal aid policy and services, and assist in achieving a desirable and cost-effective balance between litigation legal aid, 'outside litigation' and self-help options.Read moreRead less
Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to res ....Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to respond to periodic crises in public confidence in constructive and informed ways, rather than act in response to law and order rhetoric, linked with harsh sentencing regimes, and costly and potentially unnecessary increases in incarceration rates.Read moreRead less