Meta-regulation and the Regulation of Law. Meta-regulation means the regulation of regulation (eg state regulation of corporate risk management systems). Meta-regulation is a response to complexity in managing relations between systems of governance, society and economy. Ten case studies will analyse the way ?regulators? (broadly defined) observe how real-world systems work and steer them indirectly by understanding internal systems. The project will develop a theory of meta-regulation that acco ....Meta-regulation and the Regulation of Law. Meta-regulation means the regulation of regulation (eg state regulation of corporate risk management systems). Meta-regulation is a response to complexity in managing relations between systems of governance, society and economy. Ten case studies will analyse the way ?regulators? (broadly defined) observe how real-world systems work and steer them indirectly by understanding internal systems. The project will develop a theory of meta-regulation that accounts for recent shifts in Australian governance. It will generate a meta-regulatory theory of law. Understanding meta-regulation may enhance regulatory effectiveness, social and procedural justice while advancing the international competitiveness of Australian regulationRead moreRead less
Lessons from Asian Peacebuilding. War causes not only human suffering; it threatens the health and education of generations of children, sets back regional economies and encourages warlords to become transnational criminals who traffic in drugs, people, money laundering, guns and terror. Fresh insights will be obtained from the successes and failures of attempts to build peace in societies such as Afghanistan. These national and regional diagnoses will enhance the quality of Australia's contribu ....Lessons from Asian Peacebuilding. War causes not only human suffering; it threatens the health and education of generations of children, sets back regional economies and encourages warlords to become transnational criminals who traffic in drugs, people, money laundering, guns and terror. Fresh insights will be obtained from the successes and failures of attempts to build peace in societies such as Afghanistan. These national and regional diagnoses will enhance the quality of Australia's contribution to security and stability in our part of the globe and increase national capacity to contribute to global peace strategies.Read moreRead less
Chinese firewalls: the death penalty and the people's war on drugs along China's borders. Drug trafficking in and out of China is now a major concern for Australia and the region. Moreover, the transnational nature of trafficking crimes means that international cooperation in law enforcement is increasingly common. Understanding how Chinese agencies deal with serious drug crime is important for agencies such as the Australian Federal Police. In addition to this, Australia has established a bi-la ....Chinese firewalls: the death penalty and the people's war on drugs along China's borders. Drug trafficking in and out of China is now a major concern for Australia and the region. Moreover, the transnational nature of trafficking crimes means that international cooperation in law enforcement is increasingly common. Understanding how Chinese agencies deal with serious drug crime is important for agencies such as the Australian Federal Police. In addition to this, Australia has established a bi-lateral human rights dialogue with China. Understanding how Chinese courts punish drug crime using the death penalty will enhance Australia's ability to engage with and respond to key issues in law and human rights in the region.Read moreRead less
The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participa ....The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participation in international human rights fora. This project will enhance our understanding of struggles to effect legal reform of contentious police powers and to improve protection of citizens' rights through reforming law enforcement practices. It will contribute to ongoing Sino-Australian cooperation to promote human rights protection.Read moreRead less
Striking Hard at crime: criminal justice practice in China today. Australia has established a bilateral human rights dialogue with China. Chinese society is increasingly violent and its crime problems are increasingly transnational in nature. Some of the crimes targeted in China's current anti-crime policy have direct impact on our political refugee policy in Australia, in particular, Falungong adherents applying for refugee status. It is therefore vital that we strengthen our knowledge of this ....Striking Hard at crime: criminal justice practice in China today. Australia has established a bilateral human rights dialogue with China. Chinese society is increasingly violent and its crime problems are increasingly transnational in nature. Some of the crimes targeted in China's current anti-crime policy have direct impact on our political refugee policy in Australia, in particular, Falungong adherents applying for refugee status. It is therefore vital that we strengthen our knowledge of this area of Asian law. This project aims to strengthen Australia's understanding of China's key politico-legal issues in order to better understand and engage with this emerging world superpower. Read moreRead less
Never again? The nature and effectiveness of Australian regulatory responses to terrorism, the Esso Longford Explosion and the collapse of HIH Insurance. Industrial disasters, terrorist attacks and corporate collapses create increased demands by Australians for safety and financial security. This project will trace the effects of three such events on regulatory frameworks and compliance efforts by our airports, ports and major hazard facilities. It will ascertain whether regulatory reform follow ....Never again? The nature and effectiveness of Australian regulatory responses to terrorism, the Esso Longford Explosion and the collapse of HIH Insurance. Industrial disasters, terrorist attacks and corporate collapses create increased demands by Australians for safety and financial security. This project will trace the effects of three such events on regulatory frameworks and compliance efforts by our airports, ports and major hazard facilities. It will ascertain whether regulatory reform following disasters does increase protection for Australians, or whether multiple and competing demands mean that significant gaps are created. This work will be an invaluable resource for investigators, regulators and policymakers charged with preventing corporate disasters and terrorist attacks. Read moreRead less
Combating the financing of terrorism: enhancing security or compromising civil rights and democracy? To enhance security without compromising civil rights and democracy is a key challenge facing government in Australia and internationally. Legislative and policy developments related to combating the financing of terrorism are at the forefront of attempts to safeguard Australia from terrorism. The research will bring new knowledge to these policy and legislative developments; stimulate debate, pr ....Combating the financing of terrorism: enhancing security or compromising civil rights and democracy? To enhance security without compromising civil rights and democracy is a key challenge facing government in Australia and internationally. Legislative and policy developments related to combating the financing of terrorism are at the forefront of attempts to safeguard Australia from terrorism. The research will bring new knowledge to these policy and legislative developments; stimulate debate, provide important insights to government, law enforcement, and financial regulators; and give voice to communities, organisations, and individuals directly affected. The project will assist in ensuring that government measures meet the challenge of being effective without unduly compromising civil rights or democracy. Read moreRead less
A cancer on our economy? An empirical interdisciplinary study of the criminalisation of serious cartel conduct in Australia. Serious cartel conduct is seen as highly damaging to Australia's economic welfare but only recently has it been regarded as criminal. This research will inform public debate about the impetus and justification for this major shift in competition law policy and enforcement. It will provide robust empirical evidence about public opinion and business behaviour and derive insi ....A cancer on our economy? An empirical interdisciplinary study of the criminalisation of serious cartel conduct in Australia. Serious cartel conduct is seen as highly damaging to Australia's economic welfare but only recently has it been regarded as criminal. This research will inform public debate about the impetus and justification for this major shift in competition law policy and enforcement. It will provide robust empirical evidence about public opinion and business behaviour and derive insights into whether criminalisation will promote greater compliance with the law. It will assist in refining practical implementation measures to ensure the effectiveness of a criminal regime and it will aid legislators and regulators in policy-making, regulatory design and enforcement in relation to competition law and business regulation more generally.Read moreRead less
Managing compliance with procedural justice: The role of motivational postures, legitimacy and emotion. Regulatory authorities exist to ensure that members of the public comply with their obligations under the law. At the same time, however, regulators should not exercise their authority in ways that result in the alienation of the public. Using social science methodology, this project will examine the role that procedurally fair regulation can play in promoting trust and confidence in authoriti ....Managing compliance with procedural justice: The role of motivational postures, legitimacy and emotion. Regulatory authorities exist to ensure that members of the public comply with their obligations under the law. At the same time, however, regulators should not exercise their authority in ways that result in the alienation of the public. Using social science methodology, this project will examine the role that procedurally fair regulation can play in promoting trust and confidence in authorities. The national and community benefits of this project will include ascertaining how greater levels of cooperation and compliance with regulatory decisions and laws can be facilitated; particularly among those who may feel disgruntled with their experiences with authority.Read moreRead less
Restorative Justice and the Life Course: Victims and Offenders in Longitudinal Perspective. Reduction of crime and its effects is a major priority for Australia. Restorative justice represents one of the most promising policy innovations currently available for prevention of repeat offending and for benefiting victims of crime. Apart from the justice dimension, it has much wider community application from school bullying to peace building after civil war. Our study will provide knowledge about i ....Restorative Justice and the Life Course: Victims and Offenders in Longitudinal Perspective. Reduction of crime and its effects is a major priority for Australia. Restorative justice represents one of the most promising policy innovations currently available for prevention of repeat offending and for benefiting victims of crime. Apart from the justice dimension, it has much wider community application from school bullying to peace building after civil war. Our study will provide knowledge about its actual economic and social benefits (or adverse effects) - nationally and at the community level. This knowledge is vital to answer the questions: "Is it effective? Should it play a major role in our society?" as well as identifying areas in which current use can be improved to the benefit of victims of crime and the broader community.Read moreRead less