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
New models of co-operative federalism in Australia: constitutional principles and practice. This project will research the effect of intergovernmental co-operation, through bodies such as the Council of Australian Governments, on Australia's system of constitutional democracy. It will determine how federal governance can be made more effective while respecting State autonomy and maintaining parliamentary and public accountability.
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
Indonesia's Constitutional Court: safeguarding democratic transition? This project analyses the Indonesian Constitutional Court's decisions in election-related cases. It examines the Court's role in maintaining democracy and, ultimately, the national unity of Indonesia. By explaining how Indonesian democracy 'works', this project will enhance Australia's economic, political and cultural engagement with Indonesia.
Indonesia’s Anti-Corruption Courts: Making or Breaking Governance Reform? This project plans to help policy-makers and the community to understand Indonesia’s new regional anti-corruption courts. Indonesia has notoriously high levels of public-sector corruption which are undermining Indonesia’s post-Soeharto governance reforms, eroding support for democracy and decentralisation, and threatening stability. Regional anti-corruption courts were established from 2011, ostensibly to help curb corrupt ....Indonesia’s Anti-Corruption Courts: Making or Breaking Governance Reform? This project plans to help policy-makers and the community to understand Indonesia’s new regional anti-corruption courts. Indonesia has notoriously high levels of public-sector corruption which are undermining Indonesia’s post-Soeharto governance reforms, eroding support for democracy and decentralisation, and threatening stability. Regional anti-corruption courts were established from 2011, ostensibly to help curb corruption. This project plans to examine how these courts operate and assess their effectiveness. Their performance is critical to the success of Indonesia’s broader governance reforms, including democratisation and decentralisation, which in turn help Indonesia sustain political stability and economic development, both of which affect the economic and security interests of Australia and the region.Read moreRead less
Lifestyle wars: law's role in responding to the challenges of non-communicable diseases. In economic, social and personal terms, non-communicable diseases impose a massive health burden upon Australian society. Law is a potent tool that could influence the economic, environmental and social structures, as well as the personal choices, that generate poor health outcomes. Very little work has been carried out on law's relationship with non-communicable diseases, either in Australia or internatio ....Lifestyle wars: law's role in responding to the challenges of non-communicable diseases. In economic, social and personal terms, non-communicable diseases impose a massive health burden upon Australian society. Law is a potent tool that could influence the economic, environmental and social structures, as well as the personal choices, that generate poor health outcomes. Very little work has been carried out on law's relationship with non-communicable diseases, either in Australia or internationally. By exploring and promoting the contribution that public health law can make to health policy on non-communicable diseases, this project will contribute to the promotion and maintenance of good health in Australia.Read moreRead less
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.
Legal and Ethical Preparedness for Pandemic Influenza. Over 40 million people in the world died in the 1918 Influenza pandemic. Any repetition could have devastating social and economic costs for Australia and the Region. Community confidence in quarantine or other restrictions in the medical management of pandemics depends on balancing protection of public health against the rights of citizens to go about their work and daily lives. By studying the adequacy of existing human pandemic influenz ....Legal and Ethical Preparedness for Pandemic Influenza. Over 40 million people in the world died in the 1918 Influenza pandemic. Any repetition could have devastating social and economic costs for Australia and the Region. Community confidence in quarantine or other restrictions in the medical management of pandemics depends on balancing protection of public health against the rights of citizens to go about their work and daily lives. By studying the adequacy of existing human pandemic influenza planning in Australia and the Asian region, this project will contribute to law reform and policy development needed to command community confidence in the ethical and public policy balances embodied in national pandemic plans, and the laws and practices which support them.Read moreRead less
Judges' work, place and psychological health - a national view. This project aims to address the human, juridical and financial costs of judicial officers’ work-related psychological harm. This harm is implicated in early retirement, sick leave and suicide. It threatens appropriate courtroom conduct, procedural fairness and impartial adjudication. The project seeks to generate new knowledge of the stress judicial officers experience and the individual and institutional mechanisms for managing st ....Judges' work, place and psychological health - a national view. This project aims to address the human, juridical and financial costs of judicial officers’ work-related psychological harm. This harm is implicated in early retirement, sick leave and suicide. It threatens appropriate courtroom conduct, procedural fairness and impartial adjudication. The project seeks to generate new knowledge of the stress judicial officers experience and the individual and institutional mechanisms for managing stressors, combining socio-legal and psychological approaches. Expected outcomes include evidence-based understandings to inform recruitment and retention strategies specific to this highly specialized workforce. This should provide significant benefits for judges’ work capacities and courts' delivery of justice.Read moreRead less
Regulating Relations: Forming Families Inside and Outside of Law's Reach. Australia is wrestling with the complex challenges posed by the increase in cross-border reproductive care. This project asks: what are the causes and consequences of Australians being excluded from, or choosing to evade, regulated assisted reproductive treatment? The research aims to identify barriers to the pathways to licensed assisted reproductive treatment and motivations for evasion of regulation. It entails a series ....Regulating Relations: Forming Families Inside and Outside of Law's Reach. Australia is wrestling with the complex challenges posed by the increase in cross-border reproductive care. This project asks: what are the causes and consequences of Australians being excluded from, or choosing to evade, regulated assisted reproductive treatment? The research aims to identify barriers to the pathways to licensed assisted reproductive treatment and motivations for evasion of regulation. It entails a series of interlinked case studies reflecting the life-cycle of family formation in assisted conception. The aim is to develop solutions for more responsive legal frameworks that encourage beneficial clinical and ethical practices and contain harmful ones through inclusion rather than exclusion.Read moreRead less