Regulation and social capital. This project looks at regulation from the perspective of regulators and regulated communities. It seeks an account of regulatory implementation that is most likely to produce respectful, cooperative and effective engagement between authorities and the public.
Special Research Initiatives - Grant ID: SR200200550
Funder
Australian Research Council
Funding Amount
$113,075.00
Summary
Citizenship and Claims of Belonging in Australian Law and History. What does it mean legally to ‘be’ an Australian? What role does the law play in shaping theories of belonging to Australia, and concepts of citizenship and Australian nationhood? The Project will address these questions, exploring key constitutional cases in which individual claims to ‘belong’ were the central issue. It will address fundamental issues about the relationship between citizenship and membership of the Australian com ....Citizenship and Claims of Belonging in Australian Law and History. What does it mean legally to ‘be’ an Australian? What role does the law play in shaping theories of belonging to Australia, and concepts of citizenship and Australian nationhood? The Project will address these questions, exploring key constitutional cases in which individual claims to ‘belong’ were the central issue. It will address fundamental issues about the relationship between citizenship and membership of the Australian community, contextualizing these in the social and political culture of their time. Outcomes include a historically grounded understanding of what makes Australian society cohere, and the challenges created at key points in time by shifting and sometimes conflicting legal and social visions of Australian citizenship. Read moreRead less
A Federation of cultures? Innovative approaches to multicultural accommodation. This project examines how state and federal governments can better protect and support the values, beliefs and cultural practices of different cultural and religious groups, especially in matters concerning family life, community identity and freedom of conscience, within a framework of respect for human rights.
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
Australia's first bill of rights: Assessing the impact of the Australian Capital Territory's Human Rights Act. The ACT is about to adopt Australia's first bill of rights, the ACT Human Rights Act. This project will document and analyse the implementation of this historic law through its effect on executive and legislative policy and its interpretation by the judicial system. It will also develop a framework for assessing the regulatory impact of bills of rights generally. The project will gen ....Australia's first bill of rights: Assessing the impact of the Australian Capital Territory's Human Rights Act. The ACT is about to adopt Australia's first bill of rights, the ACT Human Rights Act. This project will document and analyse the implementation of this historic law through its effect on executive and legislative policy and its interpretation by the judicial system. It will also develop a framework for assessing the regulatory impact of bills of rights generally. The project will generate monitoring information for the Industry Partner, publicly accessible information for researchers and policy makers and contribute to the scholarly debate about the significance of bills of rights.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE160101123
Funder
Australian Research Council
Funding Amount
$375,000.00
Summary
Conditional citizenship? Revocation's implications for Australians. This project aims to study the implications of the proposed citizenship changes in Australia. Spurred by a potential terrorist threat from citizens, the government has proposed expanded powers to strip a person of their Australian citizenship. Proposed as an instrument of counter-terrorism policy, the expansion of powers over citizenship also has significant implications for fundamental principles of Australian law and for the v ....Conditional citizenship? Revocation's implications for Australians. This project aims to study the implications of the proposed citizenship changes in Australia. Spurred by a potential terrorist threat from citizens, the government has proposed expanded powers to strip a person of their Australian citizenship. Proposed as an instrument of counter-terrorism policy, the expansion of powers over citizenship also has significant implications for fundamental principles of Australian law and for the very nature of Australian citizenship, which is a key legal link between individual and state. The project plans to draw on the experience of countries comparable with Australia and relevant theory. It aims to provide guidelines for policy makers and to benefit debate on the legal constitution and nature of the Australian community.Read moreRead less
Public Law Implications of Treaty Between Indigenous and Non-Indigenous Australians. Australia is the only Commonwealth country that has never signed an official treaty with its Indigenous peoples. It is not surprising then that a treaty between Indigenous and non-Indigenous Australians has been cited as a goal of the reconciliation process by bodies including the Council for Aboriginal Reconciliation. Unfortunately, there has been little academic examination of the merits or content of a treaty ....Public Law Implications of Treaty Between Indigenous and Non-Indigenous Australians. Australia is the only Commonwealth country that has never signed an official treaty with its Indigenous peoples. It is not surprising then that a treaty between Indigenous and non-Indigenous Australians has been cited as a goal of the reconciliation process by bodies including the Council for Aboriginal Reconciliation. Unfortunately, there has been little academic examination of the merits or content of a treaty, or of how a treaty might be accommodated within Australia's constitutional structure. With the benefit of comparative analysis, this project will provide a scholarly investigation of the role that a treaty could play under Australian law.Read moreRead less
Protecting economic, social and cultural Rights in the ACT: models, methods and impact. This project will generate new thinking on the protection of economic, social and cultural rights. It will develop impact assessment frameworks and protocols for the assessment of compliance with these rights. The project will benefit not only the ACT by informing consideration of the inclusion of economic, social and cultural rights in the ACT Human Rights Act, but also other Australian jurisdictions' deli ....Protecting economic, social and cultural Rights in the ACT: models, methods and impact. This project will generate new thinking on the protection of economic, social and cultural rights. It will develop impact assessment frameworks and protocols for the assessment of compliance with these rights. The project will benefit not only the ACT by informing consideration of the inclusion of economic, social and cultural rights in the ACT Human Rights Act, but also other Australian jurisdictions' deliberations over bills of rights, including consideration of a national bill. Other benefits include training students and informing Australia's engagement with the UN on an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.Read moreRead less
Juror confidence in justice: democratic participation or deference to authority? Australia will be better protected from terrorism and crime if its justice system has the confidence of its citizens. Currently it does not. Without such confidence, justice offers neither a credible deterrent nor a protector of rights. Courts are typically designed and run using a hierarchical model of authority, while new therapeutic and restorative approaches make justice processes more democratic. There is litt ....Juror confidence in justice: democratic participation or deference to authority? Australia will be better protected from terrorism and crime if its justice system has the confidence of its citizens. Currently it does not. Without such confidence, justice offers neither a credible deterrent nor a protector of rights. Courts are typically designed and run using a hierarchical model of authority, while new therapeutic and restorative approaches make justice processes more democratic. There is little evidence of how either of these impacts on justice for participants. Understanding the process by which people develop trust during one critical adjudicative process, the jury trial, will allow juries, and other forms of lay decision-making in judicial processes, to be used more effectively in the justice system.Read moreRead less
The role of community sponsorship for refugee resettlement in Australia . This Project aims to conduct the first large-scale comparative study of community or private sponsorship of refugee resettlement in Australia and other jurisdictions. It will generate ground-breaking insights into Australia’s role historically in community sponsorship of refugee resettlement and identify the legal and policy background of current successful community sponsorship programs. Expected outcomes include clarity ....The role of community sponsorship for refugee resettlement in Australia . This Project aims to conduct the first large-scale comparative study of community or private sponsorship of refugee resettlement in Australia and other jurisdictions. It will generate ground-breaking insights into Australia’s role historically in community sponsorship of refugee resettlement and identify the legal and policy background of current successful community sponsorship programs. Expected outcomes include clarity and policy guidance about how community or private sponsorship is understood, conceived and implemented globally; and better knowledge about the motives of community sponsors. This Project will position Australia as a world leader in practice and research on community or private sponsorship for refugee resettlement. Read moreRead less