Learning from Preventable Deaths: A prospective evaluation of reforms to Coroners' recommendation powers in Victoria. Coroners in Australia investigate nearly 13,000 deaths each year and have a unique vantage point on health and safety risks. The public as a whole will benefit from information that helps translate those insights into system changes that work to prevent injuries and accidents from occurring. This project is designed to produce such information. It will also serve stakeholders ....Learning from Preventable Deaths: A prospective evaluation of reforms to Coroners' recommendation powers in Victoria. Coroners in Australia investigate nearly 13,000 deaths each year and have a unique vantage point on health and safety risks. The public as a whole will benefit from information that helps translate those insights into system changes that work to prevent injuries and accidents from occurring. This project is designed to produce such information. It will also serve stakeholders at several other levels. By illuminating circumstances in which coroners recommendations produce positive change, project findings will help coroners shape and disseminate their prevention messages for maximum effect. Also, for states interested in modifying or boosting coroners' recommendation powers, our findings will help guide reforms.Read moreRead less
Mental Health Tribunals: Balancing fairness, freedom, protection and right to treatment? In determining treatment options for mentally ill people, mental health tribunals must balance the person's right to treatment with rights to safety, justice and freedom from coercion. Much studied overseas, Australia lacks information about the 'fairness' of hearings. Applying popular 'therapeutic jurisprudence' literature, this project studies the impacts of hearings in 3 diverse Australian jurisdiction ....Mental Health Tribunals: Balancing fairness, freedom, protection and right to treatment? In determining treatment options for mentally ill people, mental health tribunals must balance the person's right to treatment with rights to safety, justice and freedom from coercion. Much studied overseas, Australia lacks information about the 'fairness' of hearings. Applying popular 'therapeutic jurisprudence' literature, this project studies the impacts of hearings in 3 diverse Australian jurisdictions (NSW, Vic & ACT). It uses field observations, interviews and file reviews to isolate best practice reforms. Broader than overseas work, it assesses the actual and perceived fairness of hearings, and the therapeutic outcomes for patients. As in Britain, the project will inform legislative reform and tribunal practices.Read moreRead less
Restorative Justice and Responsive Regulation. The objective of this research is through a series of projects to bring the autor's restorative justice and responsive regulatin research programs of the last decade together, to intergrate them. this means to bear a restorative and responsive approach to transforming the entire legal system, not just criminal or regulatory law/administration. hwever, it does also mean reforming criminological theory with regulatory theory and applying restorative ....Restorative Justice and Responsive Regulation. The objective of this research is through a series of projects to bring the autor's restorative justice and responsive regulatin research programs of the last decade together, to intergrate them. this means to bear a restorative and responsive approach to transforming the entire legal system, not just criminal or regulatory law/administration. hwever, it does also mean reforming criminological theory with regulatory theory and applying restorative justice to business regulation, as well as tort, tax, contract and all areas of law.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
Fairness and equity for victims of crime: what do victims want, and why don't they get it? The goal of the research is to assist justice and crime victims services agencies to understand their role in relation to crime victims and to develop more effective and responsive ways to meet this important social and justice challenge. The research will contribute to a better understanding how traditional legal and justice processes can be made consistent with victims' needs for procedural fairness and ....Fairness and equity for victims of crime: what do victims want, and why don't they get it? The goal of the research is to assist justice and crime victims services agencies to understand their role in relation to crime victims and to develop more effective and responsive ways to meet this important social and justice challenge. The research will contribute to a better understanding how traditional legal and justice processes can be made consistent with victims' needs for procedural fairness and equity of outcomes. The project will establish a strong theoretical and policy framework for a principled, fair and responsive justice system that is informed by the diverse interests of its constituents and consumers. This research has the support of Victims Support Australasia and in-principle agreement from four member services.Read moreRead less
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.
...and by opposing, end them: A Comparative Examination of Opposition Processes in Patent Law. Patent law is central to the key Australian economic aim of encouraging an innovative culture. One aspect of patent law, the opposition process, is directly linked to two important issues currently facing our patent system: improving patent quality, and minimising predatory behaviour by powerful firms. This project will assess the operation of the opposition process here, and the practice of equivalent .......and by opposing, end them: A Comparative Examination of Opposition Processes in Patent Law. Patent law is central to the key Australian economic aim of encouraging an innovative culture. One aspect of patent law, the opposition process, is directly linked to two important issues currently facing our patent system: improving patent quality, and minimising predatory behaviour by powerful firms. This project will assess the operation of the opposition process here, and the practice of equivalent international procedures in other jurisdictions, in order to inform Australian policy in current and ongoing negotiations towards global harmonisation. Material from this project will lead directly to proposals for improving the Australian patent system, and ensuring that it promotes, and does not retard, innovation. Read moreRead less
Meeting the challenges of constitutional comparison. This project offers a more genuinely global approach to comparative constitutional law. It will deepen understanding of the operation and underlying assumptions of systems of government in countries around the world, assisting Australia in its dealings with neighbours and strategic partners and in developing its own constitutional arrangements.
Obstacles to Contract Enforcement in Indonesia. The Australia-Indonesia Comprehensive Economic Partnership (IA-CEPA) came into force in 2020 but foreign investment in Indonesia has consistently failed to meet targets, largely due to concerns about the lack of reliable and just judicial contract enforcement. This project aims to investigate why predictable and fair contract enforcement in Indonesia is so inaccessible, particularly for foreign investors, and, through doctrinal and empirical resear ....Obstacles to Contract Enforcement in Indonesia. The Australia-Indonesia Comprehensive Economic Partnership (IA-CEPA) came into force in 2020 but foreign investment in Indonesia has consistently failed to meet targets, largely due to concerns about the lack of reliable and just judicial contract enforcement. This project aims to investigate why predictable and fair contract enforcement in Indonesia is so inaccessible, particularly for foreign investors, and, through doctrinal and empirical research, explain the causes of this situation. In partnership with Indonesian courts and lawyers, it also aims to support the development of legal and policy reform proposals that can help resolve Indonesia’s commercial contract enforcement problems and encourage Australian investment there.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