Courts, the Judiciary and Social Change. While few Australians have direct experience of courts, nearly all agree that courts are important to the community, though public confidence is low. Social changes and the ambiguous position of courts in relation to change are part of this tension. This project will undertake a concrete examination of one aspect of social change and the courts: the increasing number of women in the judiciary. The focus on how gender interacts with judicial work and th ....Courts, the Judiciary and Social Change. While few Australians have direct experience of courts, nearly all agree that courts are important to the community, though public confidence is low. Social changes and the ambiguous position of courts in relation to change are part of this tension. This project will undertake a concrete examination of one aspect of social change and the courts: the increasing number of women in the judiciary. The focus on how gender interacts with judicial work and the wider roles of courts will produce new and valuable understandings of gender and judging, gender and work, and courts and social change. Better knowledge about these complex relationships will strengthen Australian society and its legal integrity.Read moreRead less
The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participa ....The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participation in international human rights fora. This project will enhance our understanding of struggles to effect legal reform of contentious police powers and to improve protection of citizens' rights through reforming law enforcement practices. It will contribute to ongoing Sino-Australian cooperation to promote human rights protection.Read moreRead less
Consent in the void: moral, legal and community values in decisions about human biological donations. This project will improve consent procedures for embryo and organ donation. This will increase the autonomy of those consenting, the quality of consent that is given, and increase public trust in the processes of embryo and organ donation. The legal and moral status of the wishes of the newly dead or embryo donors and will be clarified thereby increasing the quality of consent processes for all ....Consent in the void: moral, legal and community values in decisions about human biological donations. This project will improve consent procedures for embryo and organ donation. This will increase the autonomy of those consenting, the quality of consent that is given, and increase public trust in the processes of embryo and organ donation. The legal and moral status of the wishes of the newly dead or embryo donors and will be clarified thereby increasing the quality of consent processes for all involved. By including community values in addition to the legal and moral issues, this project will make well-founded recommendations for the development of laws, policies and guidelines in relation to decisions about frozen embryos and the newly dead.Read moreRead less
Impaired jury decision-making: The impact of stereotypes in the Australian court room. There have been calls for reforms and overhauls of the jury system in Australia because of concerns about the ability of jurors to reach objective verdicts and concerns about the costs associated with the jury system; however the consequences of these proposed changes for jury functioning are not well understood. This research will provide a better understanding those factors that contribute to impaired jury d ....Impaired jury decision-making: The impact of stereotypes in the Australian court room. There have been calls for reforms and overhauls of the jury system in Australia because of concerns about the ability of jurors to reach objective verdicts and concerns about the costs associated with the jury system; however the consequences of these proposed changes for jury functioning are not well understood. This research will provide a better understanding those factors that contribute to impaired jury decision-making, helping to avoid the very real risk of any changes to the jury system resulting in profound and unpredictable changes to the functioning of the legal system. By doing so, the concerns of people calling for drastic reforms can be addressed without socially and economically expensive overhauls of the jury system.Read moreRead less
Coherent, independent and user-friendly? Participant perceptions of social security administrative review processes in Australia and Britain. The capacity to exercise rights associated with citizenship, and to participate meaningfully in community life, is significantly affected by access to financial security and by community confidence in the independence and fairness of systems of entitlement review. This research will examine recent developments in Australian social security review mechanism ....Coherent, independent and user-friendly? Participant perceptions of social security administrative review processes in Australia and Britain. The capacity to exercise rights associated with citizenship, and to participate meaningfully in community life, is significantly affected by access to financial security and by community confidence in the independence and fairness of systems of entitlement review. This research will examine recent developments in Australian social security review mechanisms, in both policy and practice. It is of national significance as it will demonstrate the extent to which statutory objectives of fairness, comprehensibility and accessibility are achieved, particularly from the perspectives of participants in appeals. The research has critical implications for legislation, policy and practice in administrative law and tribunal practice. Read moreRead less
Understandings of Women's Disadvantage at Work: Discourses of Discrimination in the Workplace. In analysing the persistence of women's disadvantage in the workplace, research has focused on the inadequacy of anti-discrimination law and both government and corporate EEO policies. Less attention has been paid to the myriad ways in which these proscriptions of discrimination are understood and implemented in the workplace. This project will examine workplace discourses around sex discrimination in ....Understandings of Women's Disadvantage at Work: Discourses of Discrimination in the Workplace. In analysing the persistence of women's disadvantage in the workplace, research has focused on the inadequacy of anti-discrimination law and both government and corporate EEO policies. Less attention has been paid to the myriad ways in which these proscriptions of discrimination are understood and implemented in the workplace. This project will examine workplace discourses around sex discrimination in a range of industry case studies. It will contribute to a better theoretical understanding of the ways in which women's workplace disadvantage is constructed and negotiated within specific organisational contexts and cultures and also provide practical guidance for human rights agencies.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
Lifestyle wars: law's role in responding to the challenges of non-communicable diseases. In economic, social and personal terms, non-communicable diseases impose a massive health burden upon Australian society. Law is a potent tool that could influence the economic, environmental and social structures, as well as the personal choices, that generate poor health outcomes. Very little work has been carried out on law's relationship with non-communicable diseases, either in Australia or internatio ....Lifestyle wars: law's role in responding to the challenges of non-communicable diseases. In economic, social and personal terms, non-communicable diseases impose a massive health burden upon Australian society. Law is a potent tool that could influence the economic, environmental and social structures, as well as the personal choices, that generate poor health outcomes. Very little work has been carried out on law's relationship with non-communicable diseases, either in Australia or internationally. By exploring and promoting the contribution that public health law can make to health policy on non-communicable diseases, this project will contribute to the promotion and maintenance of good health 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
Peace Building and Responsive Governance in Asia and the Pacific. War causes not only human suffering; it threatens the health and education of generations of children, sets back regional economies and encourages warlords to become transnational criminals who traffic in drugs, people, money laundering, guns and terror across Australia's region.
Fresh insights will be obtained from the successes and failures of attempts to build peace in failing states that Australia sees as a threat to our sec ....Peace Building and Responsive Governance in Asia and the Pacific. War causes not only human suffering; it threatens the health and education of generations of children, sets back regional economies and encourages warlords to become transnational criminals who traffic in drugs, people, money laundering, guns and terror across Australia's region.
Fresh insights will be obtained from the successes and failures of attempts to build peace in failing states that Australia sees as a threat to our security. These national and regional diagnoses will enhance the quality of Australia's contribution to security and stability in our part of the globe and enhance national capacity to contribute to global peace strategies. Read moreRead less