Australian made: A history of Australian copyright law and creator success 1868-1968. This project evaluates the role of copyright law in the development of Australian culture. Through an investigation of the experience of five iconic Australian creators in the arts (Nellie Melba, Norman Lindsay, Ken Hall, Albert Namatjira and Alfred Hill) the project examines how copyright law actually worked and the extent to which it served the mutual interests of Australian creators and media owners. The pro ....Australian made: A history of Australian copyright law and creator success 1868-1968. This project evaluates the role of copyright law in the development of Australian culture. Through an investigation of the experience of five iconic Australian creators in the arts (Nellie Melba, Norman Lindsay, Ken Hall, Albert Namatjira and Alfred Hill) the project examines how copyright law actually worked and the extent to which it served the mutual interests of Australian creators and media owners. The project makes a unique and significant contribution to the history of Australian copyright law, a long neglected area of research. It builds a better understanding of the legal foundations to commercial success. Misunderstanding in this area currently causes difficulties in law reform processes.Read moreRead less
Teachers Reporting Child Sexual Abuse: Towards Evidence-based Reform of Law, Policy and Practice. Every year, thousands of Australian children are sexually abused. This causes lifelong psychological, social and economic cost to victims. It also undermines Australia's social fabric, and costs the nation hundreds of millions of dollars annually. Early intervention promotes enhanced health and life outcomes for abused children, and teachers are well-placed to contribute to early reporting of child ....Teachers Reporting Child Sexual Abuse: Towards Evidence-based Reform of Law, Policy and Practice. Every year, thousands of Australian children are sexually abused. This causes lifelong psychological, social and economic cost to victims. It also undermines Australia's social fabric, and costs the nation hundreds of millions of dollars annually. Early intervention promotes enhanced health and life outcomes for abused children, and teachers are well-placed to contribute to early reporting of child sexual abuse. This research promotes children's healthy start to life by being the first inquiry to identify the most effective legal and practical strategies for requiring and enabling teachers to accurately report child sexual abuse. It adds further economic and social benefit by finding ways to reduce inaccurate reports of child sexual abuse.Read moreRead less
Electronic Health Records: Achieving an Effective and Ethical Legal and Recordkeeping Framework. Health records are essential to efficacious treatment and affect every individual. They are 'socially-critical' communications because the therapeutic relationship between doctor and patient is based on trust. Without any systematic ethical and legal safeguards or recordkeeping framework, the application of new technologies for networking health records lacks social credibility. This multidisciplina ....Electronic Health Records: Achieving an Effective and Ethical Legal and Recordkeeping Framework. Health records are essential to efficacious treatment and affect every individual. They are 'socially-critical' communications because the therapeutic relationship between doctor and patient is based on trust. Without any systematic ethical and legal safeguards or recordkeeping framework, the application of new technologies for networking health records lacks social credibility. This multidisciplinary study will provide a set of principles and standards relating to authenticity, ownership, access, privacy, and confidentiality of doctor-patient communications in a networked environment, which, if implemented, will benefit patients and the medical community thus furthering the development of a more efficacious national health system.Read moreRead less
Urban images and the appearance of city spaces. This project will constitute the first study of street art as a new genre of cultural practice in city spaces. Street art is becoming an increasingly important issue for social policy and for youth culture. With many advocating a punitive approach to street art, the stakes for young people are high, risking criminalization in carrying out their art practices. The project will examine the emergence of street art and has significant strategic value i ....Urban images and the appearance of city spaces. This project will constitute the first study of street art as a new genre of cultural practice in city spaces. Street art is becoming an increasingly important issue for social policy and for youth culture. With many advocating a punitive approach to street art, the stakes for young people are high, risking criminalization in carrying out their art practices. The project will examine the emergence of street art and has significant strategic value in its capacity to inform balanced policy development and to improve understanding of the effects of and motivations behind street art.Read moreRead less
Understandings of Women's Disadvantage at Work: Discourses of Discrimination in the Workplace. In analysing the persistence of women's disadvantage in the workplace, research has focused on the inadequacy of anti-discrimination law and both government and corporate EEO policies. Less attention has been paid to the myriad ways in which these proscriptions of discrimination are understood and implemented in the workplace. This project will examine workplace discourses around sex discrimination in ....Understandings of Women's Disadvantage at Work: Discourses of Discrimination in the Workplace. In analysing the persistence of women's disadvantage in the workplace, research has focused on the inadequacy of anti-discrimination law and both government and corporate EEO policies. Less attention has been paid to the myriad ways in which these proscriptions of discrimination are understood and implemented in the workplace. This project will examine workplace discourses around sex discrimination in a range of industry case studies. It will contribute to a better theoretical understanding of the ways in which women's workplace disadvantage is constructed and negotiated within specific organisational contexts and cultures and also provide practical guidance for human rights agencies.Read moreRead less
A Principled Theory of Legal Interpretation. Law's practical operation depends upon the meanings of statements of law: judges, lawyers and parliamentarians all must frequently grapple with issues of legal interpretation. The development of a principled theory of legal interpretation - which will be the result of this project - is therefore crucial to the practice of law-makers and legal officials. It is also important to the broader community, whose interests are often affected by interpretive d ....A Principled Theory of Legal Interpretation. Law's practical operation depends upon the meanings of statements of law: judges, lawyers and parliamentarians all must frequently grapple with issues of legal interpretation. The development of a principled theory of legal interpretation - which will be the result of this project - is therefore crucial to the practice of law-makers and legal officials. It is also important to the broader community, whose interests are often affected by interpretive decisions made by legal officials. By bringing together a team of Australian and New Zealander philosophers of law with a leading international philosopher of language, this interdisciplinary project will also raise the international profile of Australian legal philosophy.Read moreRead less
Amateur Hour: The Sociolegal Construction of Amateur Media. This project addresses Research Priority 3, specifically the priority goal of Promoting an Innovation Culture and Economy. The rise of amateur networked production is a highly significant transformation in Australia's cultural and media industries. Innovation policy provides incentives for the socially-optimal production of new works, but amateurs do not produce for commercial gain, and may not respond to commercial incentives of inte ....Amateur Hour: The Sociolegal Construction of Amateur Media. This project addresses Research Priority 3, specifically the priority goal of Promoting an Innovation Culture and Economy. The rise of amateur networked production is a highly significant transformation in Australia's cultural and media industries. Innovation policy provides incentives for the socially-optimal production of new works, but amateurs do not produce for commercial gain, and may not respond to commercial incentives of intellectual property. The project articulates motivations, incentive and conditions for amateur content production.Read moreRead less
Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice ....Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice; codifying the law would be more feasible; and harmonising Australian contract law with that of our international trade partners would be facilitated. The project thus has the potential to contribute to strengthening Australia's social and economic fabric (Priority Goal 4 of National Research Priority 2).Read moreRead less
The Legal Regulation of Behaviour as a Disability. People who exhibit socially challenging behaviour are increasingly defined in law as having a disability. This project explores the problem of how law should respond to this growing cohort, a problem that becomes more acute as advances in genetics and the brain sciences expand the set of socially unacceptable behaviours that are identified as biologically based. Using detailed case studies of the regulation of genetic screening of embryos for di ....The Legal Regulation of Behaviour as a Disability. People who exhibit socially challenging behaviour are increasingly defined in law as having a disability. This project explores the problem of how law should respond to this growing cohort, a problem that becomes more acute as advances in genetics and the brain sciences expand the set of socially unacceptable behaviours that are identified as biologically based. Using detailed case studies of the regulation of genetic screening of embryos for disability and the application of disability discrimination law to behavioural traits, the project is expected to determine how, if at all, law should regulate variant personality and behaviour.Read moreRead less
Establishing an optimal legal framework for online privacy. Consumer confidence in the security of personal information is essential for the growth of electronic commerce. To compete internationally, Australia must establish a world-class legal framework for the protection of online privacy. New technologies for collecting and processing personal information pose threats to individual privacy. Other technologies may protect privacy. Increasingly, effective protection of privacy depends upon ....Establishing an optimal legal framework for online privacy. Consumer confidence in the security of personal information is essential for the growth of electronic commerce. To compete internationally, Australia must establish a world-class legal framework for the protection of online privacy. New technologies for collecting and processing personal information pose threats to individual privacy. Other technologies may protect privacy. Increasingly, effective protection of privacy depends upon the coordination of legal rules and technological measures. This project will be the first study to investigate the optimal mix of regulatory tools for the protection of online privacy in Australia. Recommendations will be made to improve Australian privacy laws and policies.Read moreRead less