Workplace Death and Injury: Re-visiting the Regulatory Impact of Prosecution and Deterrence. The project will be conducted in Australia's two most populous States and falls squarely within the Commonwealth Government's mission of 'promoting good health and well being for all Australians' - one of the key national research priorities. In particular the project supports the specific goal of 'strengthening Australia's social and economic fabric' by examining the role played by legal prosecution o ....Workplace Death and Injury: Re-visiting the Regulatory Impact of Prosecution and Deterrence. The project will be conducted in Australia's two most populous States and falls squarely within the Commonwealth Government's mission of 'promoting good health and well being for all Australians' - one of the key national research priorities. In particular the project supports the specific goal of 'strengthening Australia's social and economic fabric' by examining the role played by legal prosecution of OH&S offences in deterring serious workplace injuries and fatalities. It is anticipated that the results of the project will be used to reduce the heavy costs that current rates of workplace injuries and deaths impose on Australian workers, their families and the national economy. Read moreRead less
Data science in humanitarianism: novel law and policy challenges. This project aims to study how agencies such as the United Nations make use of data science to support decision-making and resource allocation in humanitarian and development work and confront law and policy challenges emergent in this context. Its bridging of socio-legal inquiry and developments in information and communications technology will produce new international law and policy knowledge. Expected outcomes include better i ....Data science in humanitarianism: novel law and policy challenges. This project aims to study how agencies such as the United Nations make use of data science to support decision-making and resource allocation in humanitarian and development work and confront law and policy challenges emergent in this context. Its bridging of socio-legal inquiry and developments in information and communications technology will produce new international law and policy knowledge. Expected outcomes include better insight into the limits of automated decision-support techniques and their perceived legitimacy in different settings, and resulting reform recommendations, as well as building technology-related skills that are important for Australia's changing economy. Aid donors and recipients worldwide will benefit from changes in law and policy designed to ensure the legitimacy of decisions in humanitarian and development work.Read moreRead less
Community sanctions in Australian criminal justice. This project aims to understand the place of community sanctions in the Australian criminal justice system. At a time of record high imprisonment rates, community sanctions that are alternatives to prison do not have a clear purpose. This limits evaluation of their effectiveness and undermines public confidence in criminal justice. The project will examine the use of community sanctions for Indigenous people, women and people with mental/cognit ....Community sanctions in Australian criminal justice. This project aims to understand the place of community sanctions in the Australian criminal justice system. At a time of record high imprisonment rates, community sanctions that are alternatives to prison do not have a clear purpose. This limits evaluation of their effectiveness and undermines public confidence in criminal justice. The project will examine the use of community sanctions for Indigenous people, women and people with mental/cognitive impairment in three jurisdictions. This is intended to inform scholarly and public debates and to contribute to policies and practices that reduce inequality and enhance justice.Read moreRead less
Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored thr ....Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored through an in-depth examination of four test case exemplars. This project’s benefits include building a new relationship between Australian judges and Indigenous people and contributing to Australia's jurisprudence on Indigenous people and the law.Read moreRead less
Seeking Asylum Alone: The Treatment of Separated and Trafficked Children in Need of Refugee Protection in Australia. Forced migration is a critical human rights issue. Although increasing in number, children traveling on their own to seek protection abroad have received scant scholarly attention. No systematic research exists on the efficacy of asylum as a mechanism for protecting separated children smuggled or trafficked into Australia. Claims and experiences of such children will be catalog ....Seeking Asylum Alone: The Treatment of Separated and Trafficked Children in Need of Refugee Protection in Australia. Forced migration is a critical human rights issue. Although increasing in number, children traveling on their own to seek protection abroad have received scant scholarly attention. No systematic research exists on the efficacy of asylum as a mechanism for protecting separated children smuggled or trafficked into Australia. Claims and experiences of such children will be catalogued and studied to determine the extent and nature of the disadvantage they face within Australia's refugee system. The findings will contribute to an international project aimed articulating best practice guidelines for the legal treatment of separated children in refugee determination systems around the world.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE180100577
Funder
Australian Research Council
Funding Amount
$321,983.00
Summary
Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both prac ....Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both practical law reform and theoretical constructions of culpability.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE130100418
Funder
Australian Research Council
Funding Amount
$374,906.00
Summary
Responsibility in criminal law. The principle of criminal responsibility lies at the heart of our criminal justice systems. This project provides a systematic analysis of criminal responsibility in the context of the NSW criminal law. It engages Australian scholarship in, and enhances Australia's contribution to, an important and growing field.
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.
Construing Statutes: The Interaction between a Statute’s Linguistic Content and Principles of Statutory Interpretation. This project aims to identify the factors that determine what legal effect a statutory provision has; what effect it has on the content of the law; in cases where its legal effect is modified by another legal rule or principle. Such cases are commonplace, but the way in which statutory provisions interact with other legal rules or principles is poorly understood. The outcome of ....Construing Statutes: The Interaction between a Statute’s Linguistic Content and Principles of Statutory Interpretation. This project aims to identify the factors that determine what legal effect a statutory provision has; what effect it has on the content of the law; in cases where its legal effect is modified by another legal rule or principle. Such cases are commonplace, but the way in which statutory provisions interact with other legal rules or principles is poorly understood. The outcome of this project will be a general methodology for construing Australian statutes which can resolve problems that existing methodologies cannot. This will provide much-needed guidance to judges, and will advance our understanding of important legal and political issues concerning the effect that statutory provisions have on the content of the law.Read moreRead less
Relocation after parental separation: a longitudinal study. This project is to examine the long-term outcomes of relocation disputes, when one parent after separation wants to move far away with the children against the opposition of the other parent. The study is of great international importance, as these disputes have become so numerous and difficult to resolve. The results of the study will enhance Australia's international reputation as a leader in family law innovation and research. The na ....Relocation after parental separation: a longitudinal study. This project is to examine the long-term outcomes of relocation disputes, when one parent after separation wants to move far away with the children against the opposition of the other parent. The study is of great international importance, as these disputes have become so numerous and difficult to resolve. The results of the study will enhance Australia's international reputation as a leader in family law innovation and research. The national benefits will include better information for courts in making relocation decisions and an evidence-base for the Government to make legislative changes if needed.Read moreRead less