The law of deliberative democracy: theory and reform. Deliberation is essential to the health of electoral and representative democracy. This project will evaluate and recommend the reform of the law underpinning democratic politics in Australia, to enhance its deliberative quality.
Reconceiving Australian federalism: fundamental values, comparative models and constitutional interpretation. Through systematic comparison with other federal systems, this project identifies the range of fundamental principles and values that could underlie the Australian system of government, explores their application to the interpretation of the Australian Constitution and scrutinises proposed reforms to the Australian system on the basis of that analysis.
Legal risk management of adverse health outcomes and injury in the fitness industry: developing evidence-informed regulation that improves safety. This project analyses Australian laws, policies and practices designed to manage legal risks and liabilities in the fitness industry, and assesses their effectiveness in preventing adverse health outcomes, injuries, and the legal liability associated with those risks.
Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to res ....Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to respond to periodic crises in public confidence in constructive and informed ways, rather than act in response to law and order rhetoric, linked with harsh sentencing regimes, and costly and potentially unnecessary increases in incarceration rates.Read moreRead less
Freedom of speech in the post 9/11 era. This project will assess the place of freedom of speech in political attitudes in a post 9/11 world. It will show that, and how, liberal democracies both undermine and simultaneously assert the importance of the fundamental human rights that are the very basis for their perceived vulnerability to terrorists.
Gauging informed public opinion on sentencing sex offenders: a national study. Sex offences appear to attract the greatest community condemnation and desire to punish, particularly when involving predatory stranger rapists or when the victims are children. This national study aims to ascertain informed public opinion on sex offender sentencing by exploring the views of jurors in sex offence trials in all higher courts in Australia.
The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to o ....The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to overcome them it will help to stabilise dispute resolution policies and reduce the need for review and adjustment in the future.Read moreRead less
The Impact of Hate Speech Laws on Public Discourse in Australia. 2009 will mark the 20th anniversary of the enactment of the first Australian laws (NSW) directed at the regulation of hate speech. Although hate speech laws are now firmly embedded in Australia's legal landscape, and have been extended in some jurisdictions to vilification based on religious and sexual orientation, they remain a controversial instrument for supporting Australia's policies on multiculturalism, religious tolerance an ....The Impact of Hate Speech Laws on Public Discourse in Australia. 2009 will mark the 20th anniversary of the enactment of the first Australian laws (NSW) directed at the regulation of hate speech. Although hate speech laws are now firmly embedded in Australia's legal landscape, and have been extended in some jurisdictions to vilification based on religious and sexual orientation, they remain a controversial instrument for supporting Australia's policies on multiculturalism, religious tolerance and respect for difference. An examination of the effects of hate speech laws on public discourse - both intended and unintended - will offer valuable insights about the capacity of law to deliver social cohesion in 21st century Australia.Read moreRead less
Strengthening the Human Rights Focus of Anti-Discrimination Law and Practice. Australian anti-discrimination legislation aims to promote and protect human rights, but its impact has been limited by reliance on private, individualised complaint-handling processes, and by the limited capacity of anti-discrimination agencies to engage in broader inquiries or litigation strategies. This project will determine how to maximise awareness and protection of human rights through the discrimination complai ....Strengthening the Human Rights Focus of Anti-Discrimination Law and Practice. Australian anti-discrimination legislation aims to promote and protect human rights, but its impact has been limited by reliance on private, individualised complaint-handling processes, and by the limited capacity of anti-discrimination agencies to engage in broader inquiries or litigation strategies. This project will determine how to maximise awareness and protection of human rights through the discrimination complaint-handling process, the management of anti-discrimination litigation, and/or the use of other agency functions and powers. By incorporating both the conciliation and litigation aspects of anti-discrimination procedures, systematically examining international models, and involving one of the anti-discrimination agencies as industry partner, the project is designed to contribute significantly to the implementation of human rights in Australia.Read moreRead less
Establishing Guidelines for Coronial Best Practice Use of Internal Autopsy. Last year in Queensland 2700 Coronial internal autopsies were conducted at a cost of $5.3 million. In addition to the economic cost, other relevant concerns include few qualified personnel, public health risks, and cultural and religious sensitivities associated with internal autopsy. Anecdotal evidence suggests that for a number of these deaths, the internal autopsy was not necessary to establish cause or circumstance ....Establishing Guidelines for Coronial Best Practice Use of Internal Autopsy. Last year in Queensland 2700 Coronial internal autopsies were conducted at a cost of $5.3 million. In addition to the economic cost, other relevant concerns include few qualified personnel, public health risks, and cultural and religious sensitivities associated with internal autopsy. Anecdotal evidence suggests that for a number of these deaths, the internal autopsy was not necessary to establish cause or circumstance of death. The purpose of this research is to create guidelines to enable coroners to weight all sources of evidence before ordering internal autopsies The purpose is to decrease the number (and associated costs, risks and distress to families) of unnecessary internal autopsies being performed without compromising the finding as to cause and circumstance of death.Read moreRead less