New Initiatives in Enforcing Employment Standards: Assessing the Effectiveness of Federal Government Compliance Strategies. The well-being of more than eight million Australian employees is underpinned by statutory workplace entitlements. For the large majority of those employees, these are set by federal legislation. The statutory entitlements are meaningful only in so far as they are complied with, and improving the effectiveness of the federal enforcement agency, the Workplace Ombudsman, is t ....New Initiatives in Enforcing Employment Standards: Assessing the Effectiveness of Federal Government Compliance Strategies. The well-being of more than eight million Australian employees is underpinned by statutory workplace entitlements. For the large majority of those employees, these are set by federal legislation. The statutory entitlements are meaningful only in so far as they are complied with, and improving the effectiveness of the federal enforcement agency, the Workplace Ombudsman, is therefore of crucial public importance. This project provides the first comprehensive scholarly empirical evaluation of the Workplace Ombudsman. Its findings will identify multiple ways in which enforcement practices can be improved, not only for the Workplace Ombudsman, but also for comparable compliance agencies domestically and overseas.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
Evaluating Federal class actions through empirical and comparative perspectives. Sixteen years after the introduction of a Federal class action regime (Part IVA), it is time for an accurate assessment (through an empirical and comparative study) of whether the concerns expressed by numerous commentators - that Part IVA has failed to enhance access to justice and judicial economy and has frequently been abused by the legal representatives of Part IVA parties and litigation funders - are justified ....Evaluating Federal class actions through empirical and comparative perspectives. Sixteen years after the introduction of a Federal class action regime (Part IVA), it is time for an accurate assessment (through an empirical and comparative study) of whether the concerns expressed by numerous commentators - that Part IVA has failed to enhance access to justice and judicial economy and has frequently been abused by the legal representatives of Part IVA parties and litigation funders - are justified. This study will finally provide Australian lawmakers with a detailed reform agenda to ensure that Part IVA will provide the benefits that it was intended to secure whilst operating in a fair and just manner. It will thus benefit similarly situated claimants, respondents, the Federal Court and the broader community.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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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
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
The Effectiveness of Forensic Science in the Criminal Justice System. Policing plays a major role in combating crime in the community, reassuring and assisting persons affected by crime so that they can continue, or return, to enjoying their lives. Forensic science is increasingly relied upon by law enforcement to solve crime, and by the judicial system to prosecute offenders. However, the value and impact of forensic science has yet to be established. Through a comprehensive examination of fore ....The Effectiveness of Forensic Science in the Criminal Justice System. Policing plays a major role in combating crime in the community, reassuring and assisting persons affected by crime so that they can continue, or return, to enjoying their lives. Forensic science is increasingly relied upon by law enforcement to solve crime, and by the judicial system to prosecute offenders. However, the value and impact of forensic science has yet to be established. Through a comprehensive examination of forensic science usage in the criminal justice system in Victoria and ACT, this research will develop an evidence-based best-practice model for using forensic science efficiently and effectively. This will benefit the Australian community through the achievement of better and more cost effective criminal justice outcomes. Read moreRead less
Adult Sexual Assault: An evidence-based policy, practice and advocacy model for Victoria Police. Sexual violence causes long term health and economic costs. One Australian study estimates the fiscal cost to victims and the community as 230m dollars per year. The trauma of the assault is often compounded by police investigative processes that victims find alienating and demeaning. Eliminating significant barriers to police reporting and creating a more just criminal response is essential. Sexual ....Adult Sexual Assault: An evidence-based policy, practice and advocacy model for Victoria Police. Sexual violence causes long term health and economic costs. One Australian study estimates the fiscal cost to victims and the community as 230m dollars per year. The trauma of the assault is often compounded by police investigative processes that victims find alienating and demeaning. Eliminating significant barriers to police reporting and creating a more just criminal response is essential. Sexual assault is recognised globally as a Human Rights issue that is receiving increasing attention by governments in Australia. This project will result in the implementation of a policing model that advances the rights and welfare of victims therefore contributing an important step in ameliorating some of the documented health consequences.
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People with Mental Health Disorders and Cognitive Disabilities in the Criminal Justice System. Over 40 000 people are imprisoned in Australia each year, almost half of them in NSW. 40% males and 60% females involved in the NSW CJS have a MHD or CD with many having a dual diagnosis. The appropriateness of the arrest and imprisonment of many people with MHDCD is currently of serious public, social and professional concern. Interventions are hampered by lack of an overall and longitudinal appreciat ....People with Mental Health Disorders and Cognitive Disabilities in the Criminal Justice System. Over 40 000 people are imprisoned in Australia each year, almost half of them in NSW. 40% males and 60% females involved in the NSW CJS have a MHD or CD with many having a dual diagnosis. The appropriateness of the arrest and imprisonment of many people with MHDCD is currently of serious public, social and professional concern. Interventions are hampered by lack of an overall and longitudinal appreciation of the CJS's impact upon and interaction with such people.This study will provide integrated information for the first time in Australia and give CJS and human service agencies a coherent picture of the involvement of people with MHDCD in the CJS, which will assist development of new interventions to address duty of care and human rights.Read moreRead less
Private Security and Public Interest: Exploring Private Security Trends and Directions for Reform in the New Era of Plural Policing. This study will provide the first ever comprehensive assessment of private security and what it can and cannot offer society in terms of fair and effective order maintenance, crime prevention and law enforcement in Australia. Stemming from problems incurred by the sector, the research will address how governments should regulate the growing range of policing functi ....Private Security and Public Interest: Exploring Private Security Trends and Directions for Reform in the New Era of Plural Policing. This study will provide the first ever comprehensive assessment of private security and what it can and cannot offer society in terms of fair and effective order maintenance, crime prevention and law enforcement in Australia. Stemming from problems incurred by the sector, the research will address how governments should regulate the growing range of policing functions undertaken by private providers. It will also address the issue of how private police can best satisfy legal and justice criteria, meet the demands of accountability and develop mutually beneficial models of cooperation with the public sector. The research will recommend to policy-makers preferred 'plural' policing models for the 21st century.Read moreRead less