England's obedient servant? The history of Australian tort law, 1901-1945. Did Australian courts develop an Australian law of tort between federation and the Second World War despite the confines of being bound formally or informally by English precedent? Australian courts may have been more creative and independent and less subservient to England than previously thought.
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 Nature of Regulatory Compliance: An Analysis of the Responses of Business Organisations to Constitutive Regulation of Working Relationships. This project examines an under-researched area of vital importance to the effective implementation of workplace regulation. It investigates the way in which business organisations respond to four areas of labour regulation (covering occupational health and safety, unfair dismissal, equal opportunity and harassment). To what extent do these areas of regu ....The Nature of Regulatory Compliance: An Analysis of the Responses of Business Organisations to Constitutive Regulation of Working Relationships. This project examines an under-researched area of vital importance to the effective implementation of workplace regulation. It investigates the way in which business organisations respond to four areas of labour regulation (covering occupational health and safety, unfair dismissal, equal opportunity and harassment). To what extent do these areas of regulation have the capacity to bring about changes in the culture, policies and operating procedures of organisations? What obstacles that impede organisations? attempts to comply with the regulatory requirements? The project will result in the usual academic publications, and workshops for the government agencies administering the legislation involved in the study.Read moreRead less
Police Culture and Professionalism: A Follow-up Study of Recruits. This is a follow-up study of a longitudinal (1995-1997) research on police culture. The original research, based on a cohort of 150 police recruits, analysed the socialisation process and the development of concepts of police professionalism. The proposed study will track the careers of the cohort and examine any changes in attitudes to policing and professionalism since the original study. It will be the first study of its kind ....Police Culture and Professionalism: A Follow-up Study of Recruits. This is a follow-up study of a longitudinal (1995-1997) research on police culture. The original research, based on a cohort of 150 police recruits, analysed the socialisation process and the development of concepts of police professionalism. The proposed study will track the careers of the cohort and examine any changes in attitudes to policing and professionalism since the original study. It will be the first study of its kind in Australia and is expected to further the researcher's already recognised theoretical and practical contribution to the understanding of police culture and its relationship with the socio-political conditions of policing.Read moreRead less
Defamation and Privacy: Law, Media and Public Speech. This project investigates important recent legal changes in defamation and privacy, laws which can considerably limit public speech. It addresses the urgent need in law for a more sophisticated understanding and evaluation of the practices of media professionals. It will assist lawyers and judges apply the changed laws, contribute to scheduled reviews of legislation, assist publications and journalists deal with risks of legal liability, deve ....Defamation and Privacy: Law, Media and Public Speech. This project investigates important recent legal changes in defamation and privacy, laws which can considerably limit public speech. It addresses the urgent need in law for a more sophisticated understanding and evaluation of the practices of media professionals. It will assist lawyers and judges apply the changed laws, contribute to scheduled reviews of legislation, assist publications and journalists deal with risks of legal liability, develop critical academic and legal debates about the media, and clarify the parameters of lawful public speech. It promotes better legal understanding of popular media forms, which have key roles in contemporary economies and public debate.Read moreRead less
Defamation Law in Context: Australian and US News Production Practices and Public Debate. Legal and media commentators claim Australian defamation law 'chills' media speech and limits public debate, especially compared to the US. This project examines how defamation risks are considered in media production practices under differing legal, institutional and social contexts in Australia and the US. It responds to important defamation law developments and media transformations. The project will: ....Defamation Law in Context: Australian and US News Production Practices and Public Debate. Legal and media commentators claim Australian defamation law 'chills' media speech and limits public debate, especially compared to the US. This project examines how defamation risks are considered in media production practices under differing legal, institutional and social contexts in Australia and the US. It responds to important defamation law developments and media transformations. The project will:
- Produce qualitative data about media news production practices and products in Australia and the US.
- Use the data to evaluate the role of defamation law in the media's contribution to public debate, and argue for optimal reforms to Australian defamation law.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
Legal and Ethical Preparedness for Pandemic Influenza. Over 40 million people in the world died in the 1918 Influenza pandemic. Any repetition could have devastating social and economic costs for Australia and the Region. Community confidence in quarantine or other restrictions in the medical management of pandemics depends on balancing protection of public health against the rights of citizens to go about their work and daily lives. By studying the adequacy of existing human pandemic influenz ....Legal and Ethical Preparedness for Pandemic Influenza. Over 40 million people in the world died in the 1918 Influenza pandemic. Any repetition could have devastating social and economic costs for Australia and the Region. Community confidence in quarantine or other restrictions in the medical management of pandemics depends on balancing protection of public health against the rights of citizens to go about their work and daily lives. By studying the adequacy of existing human pandemic influenza planning in Australia and the Asian region, this project will contribute to law reform and policy development needed to command community confidence in the ethical and public policy balances embodied in national pandemic plans, and the laws and practices which support them.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
Creating more consistent privacy principles through better interpretation and law reform: an Australasian initiative to resolve an international problem. More consistent information privacy principles at the core of Australia's privacy laws, and more consistency in interpretation, will result in greater efficiency for business and government, and better protection of human rights and consumer interests. In the health sector, consistency of privacy laws will facilitate better health through the d ....Creating more consistent privacy principles through better interpretation and law reform: an Australasian initiative to resolve an international problem. More consistent information privacy principles at the core of Australia's privacy laws, and more consistency in interpretation, will result in greater efficiency for business and government, and better protection of human rights and consumer interests. In the health sector, consistency of privacy laws will facilitate better health through the development of national online health infrastructure. Australasian privacy scholarship will obtain enhanced international recognition through a pioneering study of the comparative use of privacy case law for cross-national interpretation. 'Model IPPs' will aid the harmonisation of global privacy laws. Read moreRead less