Legal Responses to Systemic Injuries: Towards a New Paradigm for Compensation. This research aims to identify better and fairer ways for the legal system to respond to systemic injuries, such as the taking of indigenous children from their families, or widespread abuse of children in institutional settings. The tort system is under attack from various quarters: in this context, its failure lies in its focus on harms that happen on a one-to-one, rather than a systemic basis. The research will r ....Legal Responses to Systemic Injuries: Towards a New Paradigm for Compensation. This research aims to identify better and fairer ways for the legal system to respond to systemic injuries, such as the taking of indigenous children from their families, or widespread abuse of children in institutional settings. The tort system is under attack from various quarters: in this context, its failure lies in its focus on harms that happen on a one-to-one, rather than a systemic basis. The research will review redress schemes established in other countries (most notably Canada and Ireland) with a view to developing better and more appropriate legal responses to widespread contemporary harms.Read moreRead less
A study of law reform and its responses to rapid social and community change. This research is designed to assist law reform agencies and other bodies charged with ensuring that the law responds to rapid social change to design and implement best practice modes of responding most effectively both to the changing nature of the legal problems that arise in the 21st century and to the changing constituencies that are affected by them. Through three cases studies: family law reform, laws governing ....A study of law reform and its responses to rapid social and community change. This research is designed to assist law reform agencies and other bodies charged with ensuring that the law responds to rapid social change to design and implement best practice modes of responding most effectively both to the changing nature of the legal problems that arise in the 21st century and to the changing constituencies that are affected by them. Through three cases studies: family law reform, laws governing defences to domestic homicide and tort law reform the project will assess the extent to which they are responsive to the concerns of those traditionally excluded from the legal mainstream.Read moreRead less
Rethinking Mental Health Laws: An Integrated Approach. Mental health is one of the Commonwealth Government's national health priority areas. This research program will ensure the best possible outcomes for the Government's five-year action plan for better mental health services by developing model legal frameworks that will help shape the way in which individuals with mental illnesses can access the highest attainable standard of mental health care. Through interdisciplinary collaboration and th ....Rethinking Mental Health Laws: An Integrated Approach. Mental health is one of the Commonwealth Government's national health priority areas. This research program will ensure the best possible outcomes for the Government's five-year action plan for better mental health services by developing model legal frameworks that will help shape the way in which individuals with mental illnesses can access the highest attainable standard of mental health care. Through interdisciplinary collaboration and through developing model frameworks for both civil commitment and sentencing laws, this program will enable Australia to set the international agenda as to how countries can best respond to the mental health needs of their citizens.Read moreRead less
Improving the Effectiveness of Australia's Anti-Discrimination Laws. The effectiveness of Australia's anti-discrimination laws in reducing discrimination and developing acceptance of diversity has been limited by reliance on a complaints-based enforcement model, narrow drafting and technical judicial interpretations. The laws will be analysed and evaluated against overseas laws and by a survey of stakeholders and users. Results will significantly develop the literature, and produce recommendat ....Improving the Effectiveness of Australia's Anti-Discrimination Laws. The effectiveness of Australia's anti-discrimination laws in reducing discrimination and developing acceptance of diversity has been limited by reliance on a complaints-based enforcement model, narrow drafting and technical judicial interpretations. The laws will be analysed and evaluated against overseas laws and by a survey of stakeholders and users. Results will significantly develop the literature, and produce recommendations for improvement of the legislation to protect the community better from discrimination and encourage harmony with diversity, essential to Australia's future. All equal opportunity legislation throughout Australia will be analysed, with a focus on the Victorian Equal Opportunity Act 1995.Read moreRead less
The Implications of the Convention on Biological Diversity for Infectious Diseases: The Case of Indonesia and Avian Flu. The proposal dovetails with the ARC's National Research Priority Safeguarding Australia while responding to an identified need for multidisciplinary research in biotechnology, economics, epidemiology, law, and public health. A keen national imperative exists to develop appropriate responses to infectious disease which balances policies predicated upon rule-of-law principles ag ....The Implications of the Convention on Biological Diversity for Infectious Diseases: The Case of Indonesia and Avian Flu. The proposal dovetails with the ARC's National Research Priority Safeguarding Australia while responding to an identified need for multidisciplinary research in biotechnology, economics, epidemiology, law, and public health. A keen national imperative exists to develop appropriate responses to infectious disease which balances policies predicated upon rule-of-law principles against imperatives to safeguard public health through vaccine R&D. Read moreRead less
A Consumer Bankruptcy Project - an interdisciplinary empiric inquiry into determinants and impacts of bankruptcy upon Australian debtors. The research will enhance the wellbeing of Australian society by obtaining a better understanding of the profile of bankrupt debtors, the reasons for personal default and the impact of the regulatory framework upon all stakeholders. It will draw parallels with US trends and apply an interdisciplinary empiric method to Australian personal insolvency data. The r ....A Consumer Bankruptcy Project - an interdisciplinary empiric inquiry into determinants and impacts of bankruptcy upon Australian debtors. The research will enhance the wellbeing of Australian society by obtaining a better understanding of the profile of bankrupt debtors, the reasons for personal default and the impact of the regulatory framework upon all stakeholders. It will draw parallels with US trends and apply an interdisciplinary empiric method to Australian personal insolvency data. The research will lead to an informed debate around critical wider issues such as financial literacy, managing money and self-funded retirement that impact upon the physical and material health of all Australians. The project promotes the reduction of financial distress and dependence in assisting efforts to shift the risk of economic burden of an ageing population from the Commonwealth.Read moreRead less
Creating more consistent privacy principles through better interpretation and law reform: an Australasian initiative to resolve an international problem. More consistent information privacy principles at the core of Australia's privacy laws, and more consistency in interpretation, will result in greater efficiency for business and government, and better protection of human rights and consumer interests. In the health sector, consistency of privacy laws will facilitate better health through the d ....Creating more consistent privacy principles through better interpretation and law reform: an Australasian initiative to resolve an international problem. More consistent information privacy principles at the core of Australia's privacy laws, and more consistency in interpretation, will result in greater efficiency for business and government, and better protection of human rights and consumer interests. In the health sector, consistency of privacy laws will facilitate better health through the development of national online health infrastructure. Australasian privacy scholarship will obtain enhanced international recognition through a pioneering study of the comparative use of privacy case law for cross-national interpretation. 'Model IPPs' will aid the harmonisation of global privacy laws. Read moreRead less
Employment consequences of criminal behaviour: Double punishment or just deserts? Employment deprivations are hardships often consequent upon findings of criminal guilt and additional to criminal sanctions imposed by the courts - a convicted person may be dismissed from employment or ineligible to apply for certain jobs, particularly public sector positions. There are no settled legal principles governing inter-play between criminal behaviour and employment status and opportunities. Unfairness ....Employment consequences of criminal behaviour: Double punishment or just deserts? Employment deprivations are hardships often consequent upon findings of criminal guilt and additional to criminal sanctions imposed by the courts - a convicted person may be dismissed from employment or ineligible to apply for certain jobs, particularly public sector positions. There are no settled legal principles governing inter-play between criminal behaviour and employment status and opportunities. Unfairness may result, as the offence effectively attracts a 'double' punishment; an offender's rehabilitative prospects are impeded; social and economic burdens ensue.
The project aims to develop comprehensive policy guidelines concerning the appropriate connection between criminal behaviour and employment status for courts, governments and employers.Read moreRead less
The nexus of law and biology for emerging technologies. At the beginning of the 21st century, biological information has never been more important to law. With the goal of enhancing economic development, the proposed collaboration synthesizes key concepts from jurisprudence and biology. Key research sites of national and international teams- (1) Biologic, Legal Logic; (2) Medical Genetics and Consumers; (3) Feminism, Law, Biology and (4) Biotechnology, Ethics, Environment - explore specific leg ....The nexus of law and biology for emerging technologies. At the beginning of the 21st century, biological information has never been more important to law. With the goal of enhancing economic development, the proposed collaboration synthesizes key concepts from jurisprudence and biology. Key research sites of national and international teams- (1) Biologic, Legal Logic; (2) Medical Genetics and Consumers; (3) Feminism, Law, Biology and (4) Biotechnology, Ethics, Environment - explore specific legal implications of biological information and synergise the intersections. Outcomes and benefits include enhanced communication between jurisprudence and biology, important fora for the disciplines to learn about each other and an internationally recognised national research institute of Law and Biology based in Brisbane.Read moreRead less
Gender Inequities in Health Research: Towards a New Regulatory Framework. This project will benefit Australian women by identifying better and fairer ways for the legal system to ensure that health research performed in Australia provides meaningful information about the significance of new health treatments for Australian women. The research undertaken in this project will make recommendations for the development of Australian laws and policies that will promote and maintain good health by enco ....Gender Inequities in Health Research: Towards a New Regulatory Framework. This project will benefit Australian women by identifying better and fairer ways for the legal system to ensure that health research performed in Australia provides meaningful information about the significance of new health treatments for Australian women. The research undertaken in this project will make recommendations for the development of Australian laws and policies that will promote and maintain good health by encouraging equal participation of men and women in health research and analysis by gender of research results. This is particularly important given the ageing of the Australian population and the greater longevity of women compared to men.Read moreRead less