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
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.
China’s Law-Based Governance Revolution under Xi Jinping . To sustain its unmitigated power, the Chinese Communist Party is transforming its legal ideology and governance focus to make politico-legal institutions more capable of supervising and moulding people’s behaviour and beliefs. This project aims to examine how this transformation is constructed by key institutions and digested into public policy and legal decision-making guidelines. It expects to generate new knowledge on how Xi Jinping-e ....China’s Law-Based Governance Revolution under Xi Jinping . To sustain its unmitigated power, the Chinese Communist Party is transforming its legal ideology and governance focus to make politico-legal institutions more capable of supervising and moulding people’s behaviour and beliefs. This project aims to examine how this transformation is constructed by key institutions and digested into public policy and legal decision-making guidelines. It expects to generate new knowledge on how Xi Jinping-era legal ideology guides policy and decision-making in China. The expected outcomes include an enhanced conceptual and empirical understanding of politico-legal change in China. This project has significant implications for Australia given China’s increasingly assertive role in international governance. Read moreRead less
National registration of health practitioners: a comparative study of the complaints and notification system under the national system and in NSW. This project will compare the NSW healthcare complaints system with that of the new Australian Health Practitioner Regulation Agency to provide insight into complaints handling and notification at a state and national level. It will determine best practice in government assessment and resolution methods and reveal complainant experiences.
Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This projec ....Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This project aims to examine how police and prosecutors decide which cases proceed and why, and how they confer with each other as well as when and how they consult with complainants and their families. This project plans to also develop and test practice tools and principles for police and prosecutors with expected benefits for both them and the families involved.Read moreRead less
The presentation of expert evidence in Australian criminal trials: the role of lawyers and experts. This project will shed light on how courts, lawyers and experts can work effectively together to deliver expert evidence in the courtroom. Improving the provision and effective use of expert evidence will benefit the Australian community by providing a better quality criminal justice system.
Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on ....Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on the views of key stakeholders about the effectiveness of the mechanisms used to resolve human rights complaints. This new information will inform legal and policy reform throughout Australia. The expected outcomes include developing a robust evidence-based model for human rights dispute resolution in the Australian context.Read moreRead less
National research study of the civil and family law needs of Indigenous people. This research will benefit Indigenous communities by improving access and equity in legal services. By identifying and addressing the civil and family law needs of Indigenous people, the research will make a key contribution to improving legal and social justice outcomes. Partner organisations in the research will actively implement the findings to the national benefit, creating more appropriate, accessible and bette ....National research study of the civil and family law needs of Indigenous people. This research will benefit Indigenous communities by improving access and equity in legal services. By identifying and addressing the civil and family law needs of Indigenous people, the research will make a key contribution to improving legal and social justice outcomes. Partner organisations in the research will actively implement the findings to the national benefit, creating more appropriate, accessible and better targeted legal services aimed at meeting identified needs. The research will make an important contribution to the Commonwealth's welfare reform and participation agendas, particularly its Access to Justice Framework as better access to legal services can play an important role in alleviating economic and social disadvantage.Read moreRead less
The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Proj ....The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Project include the development of law reform and policy recommendations to improve the operation of the offence, enhance service responses and develop professional education. This research will provide significant social and economic benefits through better understanding of the legal response to domestic violence.
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Testing trade mark law's image of the consumer. An effective trade mark law is vital both to protect consumers and to allow businesses to build brand recognition. This project seeks to put Australian trade mark law on a firmer empirical footing by bringing together experts from psychology, law and marketing to test the law’s assumptions against actual consumer responses.