Living Down the Past: Criminal Record Checks and Access to Employment for Ex-offenders. This project will introduce increased certainty as to the rights and obligations of Australian employers and employees in the use of criminal records checks. It will have significant economic and social benefits for Australia, by helping to reduce the inappropriate exclusion of ex-offenders from employment; improving the rehabilitation of ex-offenders through facilitating their employment opportunities and lo ....Living Down the Past: Criminal Record Checks and Access to Employment for Ex-offenders. This project will introduce increased certainty as to the rights and obligations of Australian employers and employees in the use of criminal records checks. It will have significant economic and social benefits for Australia, by helping to reduce the inappropriate exclusion of ex-offenders from employment; improving the rehabilitation of ex-offenders through facilitating their employment opportunities and lowering rates of recidivism. Other outcomes will be to maximise Australia's labour supply and support efforts to prioritise social inclusion on the national agenda. The project will assist Australia to meet its international obligations and address human rights principles in relation to employment.Read moreRead less
Legal Responses to Systemic Injuries: Towards a New Paradigm for Compensation. This research aims to identify better and fairer ways for the legal system to respond to systemic injuries, such as the taking of indigenous children from their families, or widespread abuse of children in institutional settings. The tort system is under attack from various quarters: in this context, its failure lies in its focus on harms that happen on a one-to-one, rather than a systemic basis. The research will r ....Legal Responses to Systemic Injuries: Towards a New Paradigm for Compensation. This research aims to identify better and fairer ways for the legal system to respond to systemic injuries, such as the taking of indigenous children from their families, or widespread abuse of children in institutional settings. The tort system is under attack from various quarters: in this context, its failure lies in its focus on harms that happen on a one-to-one, rather than a systemic basis. The research will review redress schemes established in other countries (most notably Canada and Ireland) with a view to developing better and more appropriate legal responses to widespread contemporary harms.Read moreRead less
Improving online case law within the constraints of free access through heuristic linking and resulting discovery mechanisms. Better interconnections between cases and between cases and other documents, will improve the work of the judiciary, lawyers and legal researchers. Improved speed, accuracy and comprehensiveness of assessment of the legal implications of previous cases should result in better quality client advice and judicial decisions. The general public and business, for whom AustLII ....Improving online case law within the constraints of free access through heuristic linking and resulting discovery mechanisms. Better interconnections between cases and between cases and other documents, will improve the work of the judiciary, lawyers and legal researchers. Improved speed, accuracy and comprehensiveness of assessment of the legal implications of previous cases should result in better quality client advice and judicial decisions. The general public and business, for whom AustLII is the principal means of accessing law, will also benefit from better understanding of, and easier access to, the interconnections between the sources of law. Free access via AustLII's increasingly comprehensive coverage of Australian Courts and Tribunals means these innovations will be of immediate broad national benefit.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
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
Enhancing court safety by managing people, places and processes. Australia will be better protected 'from terrorism and crime' by having safer courts. High-profile criminal cases can be managed more expeditiously, vulnerable participants will be able to take part more confidently in justice processes, while Australian society more generally will be protected by having courts that provide effective responses to crime while maintaining openness and respect for law. In providing a holistic analy ....Enhancing court safety by managing people, places and processes. Australia will be better protected 'from terrorism and crime' by having safer courts. High-profile criminal cases can be managed more expeditiously, vulnerable participants will be able to take part more confidently in justice processes, while Australian society more generally will be protected by having courts that provide effective responses to crime while maintaining openness and respect for law. In providing a holistic analysis of safety needs and responses, the study also provides an empirial foundation for developing 'smart information uses', ensuring that surveillance and screening technologies complement court design and training policies to create environments that are physically and psychologically safe.Read moreRead less
Achieving Gender Justice: national implementation of the gender provisions of the Rome Statute of the International Criminal Court. As only one of 15 states internationally to recognise gender-based crimes of the International Criminal Court Australia has an important leadership role to play globally in encouraging non-compliant states to implement and enforce their ICC gender commitments. This project will assist in advancing Australia's leadership in the field of women's rights by establishin ....Achieving Gender Justice: national implementation of the gender provisions of the Rome Statute of the International Criminal Court. As only one of 15 states internationally to recognise gender-based crimes of the International Criminal Court Australia has an important leadership role to play globally in encouraging non-compliant states to implement and enforce their ICC gender commitments. This project will assist in advancing Australia's leadership in the field of women's rights by establishing Australian scholarship at the forefront of knowledge about the diffusion of international gender justice norms. This research project will enhance Australia's reputation as a defender of international rights and as a good global citizen.
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Managing Conflict in Higher Education. Disputes in Australian universities attract extensive publicity that damages the national and international reputation of Australian universities in the local and global marketplace. Litigation and other costs amount to millions of dollars. This money could be better spent on universities' core business of teaching and research. This project will use new developments in alternative dispute resolution to help Australian universities resolve disputes more eff ....Managing Conflict in Higher Education. Disputes in Australian universities attract extensive publicity that damages the national and international reputation of Australian universities in the local and global marketplace. Litigation and other costs amount to millions of dollars. This money could be better spent on universities' core business of teaching and research. This project will use new developments in alternative dispute resolution to help Australian universities resolve disputes more effectively. It will focus on methods of resolving disputes that save costs but are also appropriate for disputes involving important issues such as academic freedom. Read moreRead less
Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The ....Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The project will inform the Australian government with regards to policy making for this area and facilitate the planning of effective cooperation programs with Asian countries. Read moreRead less
Family law and the indissolubility of parenthood. This project involves a comparative analysis of how different family law systems address the problems of post-separation parenting, in particular, the tension between the promise of post-separation autonomy and the need for continuing co-operation between parents. Changes in expectations about post-separation parenting are placing pressures on legal systems to play an ongoing role in dispute resolution and to find a balance between continuing con ....Family law and the indissolubility of parenthood. This project involves a comparative analysis of how different family law systems address the problems of post-separation parenting, in particular, the tension between the promise of post-separation autonomy and the need for continuing co-operation between parents. Changes in expectations about post-separation parenting are placing pressures on legal systems to play an ongoing role in dispute resolution and to find a balance between continuing contact and issues about the safety of women and children from family violence. By examining existing approaches, processes and law reform proposals in North America, Europe and elsewhere, proposals will be developed for systemic reform in Australia.Read moreRead less