Reconceptualising Indigenous access to justice in civil law. The project aims to research enhanced Indigenous access to justice in civil and family law, specifically in areas of housing, discrimination, social security, consumer matters, credit and debt and child protection. The research will identify and examine Indigenous understandings of access to justice and the ways that these may differ from non-Indigenous society. The research is centred on 24 male and female focus groups in Indigenous c ....Reconceptualising Indigenous access to justice in civil law. The project aims to research enhanced Indigenous access to justice in civil and family law, specifically in areas of housing, discrimination, social security, consumer matters, credit and debt and child protection. The research will identify and examine Indigenous understandings of access to justice and the ways that these may differ from non-Indigenous society. The research is centred on 24 male and female focus groups in Indigenous communities, and stakeholder interviews in a range of geographic contexts across Australia. It will investigate Indigenous-specific frameworks that most appropriately reflect Indigenous perspectives of access to justice, and the way that these can be applied in certain civil and family law contexts.Read moreRead less
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
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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Discovery Early Career Researcher Award - Grant ID: DE240101215
Funder
Australian Research Council
Funding Amount
$445,461.00
Summary
New Bail Regimes: Reconceptualising Risk to Reduce Remand Imprisonment. More than one in three prisoners in Australia are on remand, double that of two decades ago. This project aims to investigate how risk management in new bail regimes affects accused individuals experiencing social disadvantage. It employs innovative critical criminological methods to generate much-needed knowledge about how criminal justice actors interpret and respond to risk in the bail decision-making process, and 'lived' ....New Bail Regimes: Reconceptualising Risk to Reduce Remand Imprisonment. More than one in three prisoners in Australia are on remand, double that of two decades ago. This project aims to investigate how risk management in new bail regimes affects accused individuals experiencing social disadvantage. It employs innovative critical criminological methods to generate much-needed knowledge about how criminal justice actors interpret and respond to risk in the bail decision-making process, and 'lived' experiences of bail conditions and remand imprisonment. Expected outcomes include a new framework for conceptualising risk in the context of bail. This should bring significant benefits to policymakers and law reformers seeking to reduce imprisonment and its impacts on disadvantaged groups.Read moreRead less
Using law and ending domestic violence: Women's voices. Domestic violence severely damages communities across the globe and law is recognised as a key mechanism for prevention and redress. This project aims to undertake a longitudinal study examining how women of diverse backgrounds use law to help them live a life free of violence. It will investigate what influences women's decisions to choose particular legal interventions but not others, and will identify any unintended consequences flowing ....Using law and ending domestic violence: Women's voices. Domestic violence severely damages communities across the globe and law is recognised as a key mechanism for prevention and redress. This project aims to undertake a longitudinal study examining how women of diverse backgrounds use law to help them live a life free of violence. It will investigate what influences women's decisions to choose particular legal interventions but not others, and will identify any unintended consequences flowing from legal engagement. This project aims to highlight what contributes to women’s satisfaction and sense of safety resulting from legal interventions over time, to make an important contribution to community education, policy implementation and law reform, both within Australia and internationally.Read moreRead less
Peer Review of Financial Regulatory Agencies. The project aims to study peer review of Australian financial regulators by their international peers. Transnational peer review is increasingly used in transnational regulatory networks, international organisations and regional trade partnerships. However the conduct and effects of such peer review are opaque. The project aims to shine new light on the function and legitimacy of transnational peer review as it applies to Australian financial regulat ....Peer Review of Financial Regulatory Agencies. The project aims to study peer review of Australian financial regulators by their international peers. Transnational peer review is increasingly used in transnational regulatory networks, international organisations and regional trade partnerships. However the conduct and effects of such peer review are opaque. The project aims to shine new light on the function and legitimacy of transnational peer review as it applies to Australian financial regulators. A key expected outcome is to develop a normative understanding about whether transnational peer review enhances the efficacy and accountability of Australian financial regulators given the more limited oversight of such regulators by parliaments and courts. Read moreRead less
Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgmen ....Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgments, court transcripts and interviews with prosecutors and defence lawyers, in three Australian jurisdictions. It should produce significant new knowledge about whether existing laws and court room practices are optimally adapted to achieving the important objective of justice for sexual violence victims.
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Administrative justice in China: harnessing the rule of law to deal with citizen complaints against official misconduct. Ongoing conflicts between citizens and government officials in China pose a serious threat to the country’s social stability. Dealing fairly and efficiently with citizens’ complaints of administrative misconduct is a core component of China’s commitment to good governance and the rule of law. This legal project undertakes the first systematic examination of the three mechanism ....Administrative justice in China: harnessing the rule of law to deal with citizen complaints against official misconduct. Ongoing conflicts between citizens and government officials in China pose a serious threat to the country’s social stability. Dealing fairly and efficiently with citizens’ complaints of administrative misconduct is a core component of China’s commitment to good governance and the rule of law. This legal project undertakes the first systematic examination of the three mechanisms underpinning administrative justice in China and their interaction: administrative litigation, administrative review, and letters and visits. It will assess China’s capacity to use law to address chronic abuse of power. It will provide a practical understanding of the changing nature of China’s commitment to the rule of law and the implications for Australia.Read moreRead less
Open justice and open secrets: the cultural afterlife of criminal evidence. This project explores the consequences of using criminal evidence in the cultural field, after the conclusion of the trial. It investigates whether an appropriate regulatory or ethical framework can be developed in response to challenging or controversial re-deployments of this material by artists, curators, journalists, scholars and others.
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE210100043
Funder
Australian Research Council
Funding Amount
$539,000.00
Summary
The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform r ....The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform reports on AustLII to promote a greater understanding of how the balance is struck between inquisitorial fact-finding and the right to procedural fairness of participants and of how justice is delivered through the inquiry function of public bodies.Read moreRead less