Employment consequences of criminal behaviour: Double punishment or just deserts? Employment deprivations are hardships often consequent upon findings of criminal guilt and additional to criminal sanctions imposed by the courts - a convicted person may be dismissed from employment or ineligible to apply for certain jobs, particularly public sector positions. There are no settled legal principles governing inter-play between criminal behaviour and employment status and opportunities. Unfairness ....Employment consequences of criminal behaviour: Double punishment or just deserts? Employment deprivations are hardships often consequent upon findings of criminal guilt and additional to criminal sanctions imposed by the courts - a convicted person may be dismissed from employment or ineligible to apply for certain jobs, particularly public sector positions. There are no settled legal principles governing inter-play between criminal behaviour and employment status and opportunities. Unfairness may result, as the offence effectively attracts a 'double' punishment; an offender's rehabilitative prospects are impeded; social and economic burdens ensue.
The project aims to develop comprehensive policy guidelines concerning the appropriate connection between criminal behaviour and employment status for courts, governments and employers.Read moreRead less
The nexus of law and biology for emerging technologies. At the beginning of the 21st century, biological information has never been more important to law. With the goal of enhancing economic development, the proposed collaboration synthesizes key concepts from jurisprudence and biology. Key research sites of national and international teams- (1) Biologic, Legal Logic; (2) Medical Genetics and Consumers; (3) Feminism, Law, Biology and (4) Biotechnology, Ethics, Environment - explore specific leg ....The nexus of law and biology for emerging technologies. At the beginning of the 21st century, biological information has never been more important to law. With the goal of enhancing economic development, the proposed collaboration synthesizes key concepts from jurisprudence and biology. Key research sites of national and international teams- (1) Biologic, Legal Logic; (2) Medical Genetics and Consumers; (3) Feminism, Law, Biology and (4) Biotechnology, Ethics, Environment - explore specific legal implications of biological information and synergise the intersections. Outcomes and benefits include enhanced communication between jurisprudence and biology, important fora for the disciplines to learn about each other and an internationally recognised national research institute of Law and Biology based in Brisbane.Read moreRead less
Enhancing Reproductive Opportunity in Australia: Reconsidering Consent, Altruism and the Legal Status of Embryos in ART Processes. This project meets the national research priority of a healthy start to life by enhancing reproductive opportunity while safeguarding the rights and interests of all involved in reproduction with donor gametes. This research will create significant national benefits in the form of an up to date, practical and coherent platform for the reform of all aspects of embryo ....Enhancing Reproductive Opportunity in Australia: Reconsidering Consent, Altruism and the Legal Status of Embryos in ART Processes. This project meets the national research priority of a healthy start to life by enhancing reproductive opportunity while safeguarding the rights and interests of all involved in reproduction with donor gametes. This research will create significant national benefits in the form of an up to date, practical and coherent platform for the reform of all aspects of embryo and gamete donation and embryo disputes. We propose a pro-active consultative model that centres the needs and experiences of gamete and embryo donors and recipients. Our research will inform current and future modes of regulation of gamete and embryo donation and dispute resolution, including legislation, ethics guidelines and codes of practice.Read moreRead less
A Consumer Bankruptcy Project - an interdisciplinary empiric inquiry into determinants and impacts of bankruptcy upon Australian debtors. The research will enhance the wellbeing of Australian society by obtaining a better understanding of the profile of bankrupt debtors, the reasons for personal default and the impact of the regulatory framework upon all stakeholders. It will draw parallels with US trends and apply an interdisciplinary empiric method to Australian personal insolvency data. The r ....A Consumer Bankruptcy Project - an interdisciplinary empiric inquiry into determinants and impacts of bankruptcy upon Australian debtors. The research will enhance the wellbeing of Australian society by obtaining a better understanding of the profile of bankrupt debtors, the reasons for personal default and the impact of the regulatory framework upon all stakeholders. It will draw parallels with US trends and apply an interdisciplinary empiric method to Australian personal insolvency data. The research will lead to an informed debate around critical wider issues such as financial literacy, managing money and self-funded retirement that impact upon the physical and material health of all Australians. The project promotes the reduction of financial distress and dependence in assisting efforts to shift the risk of economic burden of an ageing population from the Commonwealth.Read moreRead less
The Legal Function of Serious Disability in Prenatal and Neonatal Health Care Settings. Increasing numbers of Australians are using prenatal testing technologies to avoid having a disabled child. Australians also have access to a range of sophisticated life-sustaining technologies for premature newborns and seriously imperiled infants. Legal guidance on the appropriate uses of these technologies is piecemeal and inconsistent across Australia's States and Territories, and the meaning of serious ....The Legal Function of Serious Disability in Prenatal and Neonatal Health Care Settings. Increasing numbers of Australians are using prenatal testing technologies to avoid having a disabled child. Australians also have access to a range of sophisticated life-sustaining technologies for premature newborns and seriously imperiled infants. Legal guidance on the appropriate uses of these technologies is piecemeal and inconsistent across Australia's States and Territories, and the meaning of serious disability varies amongst members of the community. This project will benefit Australians by providing greater consistency in decision-making about disability. This will be achieved by assessing the value of a uniform framework for governing legal responses to serious disability in the context of reproduction.Read moreRead less
Terrorism and Public Law after September 11. The threat posed by terrorism is multifaceted. It can directly or indirectly affect the lives of almost every citizen, whether through a relationship with a person affected by terrorism, such as the Bali bombing, or even through increased airport security. The law lies at the forefront of responses to terrorism in the wake of September 11. New laws are important to protect the community from violent harm, but must also ensure that the democratic value ....Terrorism and Public Law after September 11. The threat posed by terrorism is multifaceted. It can directly or indirectly affect the lives of almost every citizen, whether through a relationship with a person affected by terrorism, such as the Bali bombing, or even through increased airport security. The law lies at the forefront of responses to terrorism in the wake of September 11. New laws are important to protect the community from violent harm, but must also ensure that the democratic values that governments seek to protect are not undermined. This project, in providing sustained research and legal analysis in this area, offers significant security, personal, economic and social benefits to Australia as well as to other nations affected by the threat of terrorism.Read moreRead less
Rethinking Mental Health Laws: An Integrated Approach. Mental health is one of the Commonwealth Government's national health priority areas. This research program will ensure the best possible outcomes for the Government's five-year action plan for better mental health services by developing model legal frameworks that will help shape the way in which individuals with mental illnesses can access the highest attainable standard of mental health care. Through interdisciplinary collaboration and th ....Rethinking Mental Health Laws: An Integrated Approach. Mental health is one of the Commonwealth Government's national health priority areas. This research program will ensure the best possible outcomes for the Government's five-year action plan for better mental health services by developing model legal frameworks that will help shape the way in which individuals with mental illnesses can access the highest attainable standard of mental health care. Through interdisciplinary collaboration and through developing model frameworks for both civil commitment and sentencing laws, this program will enable Australia to set the international agenda as to how countries can best respond to the mental health needs of their citizens.Read moreRead less
Detecting Fraud and Anti-Competitive Behaviour in the Australian Pharmaceutical and Medical Device Industries. This Project will deliver law reform proposals to ensure greater accountability and a reduction of fraud and anti-competitive behaviour associated with over 6 billion dollars of public money expended each year under the Pharmaceutical Benefits Scheme (PBS) as well as significant amounts paid by public hospitals on medical devices. It unites experts in Australian pharmaceutical regulatio ....Detecting Fraud and Anti-Competitive Behaviour in the Australian Pharmaceutical and Medical Device Industries. This Project will deliver law reform proposals to ensure greater accountability and a reduction of fraud and anti-competitive behaviour associated with over 6 billion dollars of public money expended each year under the Pharmaceutical Benefits Scheme (PBS) as well as significant amounts paid by public hospitals on medical devices. It unites experts in Australian pharmaceutical regulation and high technology law enforcement with an eminent United States Partner Investigator in False Claims litigation. Reducing fraud and anti-competitive behaviour could be critical to survivability of the PBS and the benefits it brings particularly to an ageing population. Read moreRead less
The Implications of the Convention on Biological Diversity for Infectious Diseases: The Case of Indonesia and Avian Flu. The proposal dovetails with the ARC's National Research Priority Safeguarding Australia while responding to an identified need for multidisciplinary research in biotechnology, economics, epidemiology, law, and public health. A keen national imperative exists to develop appropriate responses to infectious disease which balances policies predicated upon rule-of-law principles ag ....The Implications of the Convention on Biological Diversity for Infectious Diseases: The Case of Indonesia and Avian Flu. The proposal dovetails with the ARC's National Research Priority Safeguarding Australia while responding to an identified need for multidisciplinary research in biotechnology, economics, epidemiology, law, and public health. A keen national imperative exists to develop appropriate responses to infectious disease which balances policies predicated upon rule-of-law principles against imperatives to safeguard public health through vaccine R&D. Read moreRead less
Legal and Ethical Regulation of the Use and Commercialisation of Human Biological Material. The Australian government has a policy of promoting expertise in genomics. An essential ingredient of research and development of the genomics industry is access to human biological material. A clear regulatory framework is required, consistent with national ethical principles. There is lack of clarity, legally and ethically, in relation to ownership (including derivative claims), consented and un-consent ....Legal and Ethical Regulation of the Use and Commercialisation of Human Biological Material. The Australian government has a policy of promoting expertise in genomics. An essential ingredient of research and development of the genomics industry is access to human biological material. A clear regulatory framework is required, consistent with national ethical principles. There is lack of clarity, legally and ethically, in relation to ownership (including derivative claims), consented and un-consented use, contracts, conflict of interest and benefit sharing in human biological material, including regenerative tissue. Clarification will facilitate ethical research and commercialisation. These issues will be analysed systematically with recommendations for Australia consistent with international standards.Read moreRead less