Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair W ....Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair Work Commission to conduct a ballot. It will examine the impact of the ballot requirement and statutory process on decision-making by bargaining representatives and subsequent employee access to industrial action in order to understand the effect of the regulatory scheme on enterprise bargaining behaviour. It is the first empirical study of strike ballots, analysing an important public policy area.Read moreRead less
Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This projec ....Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This project aims to examine how police and prosecutors decide which cases proceed and why, and how they confer with each other as well as when and how they consult with complainants and their families. This project plans to also develop and test practice tools and principles for police and prosecutors with expected benefits for both them and the families involved.Read moreRead less
The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to o ....The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to overcome them it will help to stabilise dispute resolution policies and reduce the need for review and adjustment in the future.Read moreRead less
The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Proj ....The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Project include the development of law reform and policy recommendations to improve the operation of the offence, enhance service responses and develop professional education. This research will provide significant social and economic benefits through better understanding of the legal response to domestic violence.
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Transition to a clean energy future: the role of climate change litigation in shaping our regulatory path. As the world seeks a clean energy future, courts in Australia and other key fossil fuel-producing nations, like the United States, are increasingly hearing cases seeking to block the use of coal due to its climate change effects. This project critically assesses the role such climate litigation plays in generating regulatory momentum to address climate change.
China’s Law-Based Governance Revolution under Xi Jinping . To sustain its unmitigated power, the Chinese Communist Party is transforming its legal ideology and governance focus to make politico-legal institutions more capable of supervising and moulding people’s behaviour and beliefs. This project aims to examine how this transformation is constructed by key institutions and digested into public policy and legal decision-making guidelines. It expects to generate new knowledge on how Xi Jinping-e ....China’s Law-Based Governance Revolution under Xi Jinping . To sustain its unmitigated power, the Chinese Communist Party is transforming its legal ideology and governance focus to make politico-legal institutions more capable of supervising and moulding people’s behaviour and beliefs. This project aims to examine how this transformation is constructed by key institutions and digested into public policy and legal decision-making guidelines. It expects to generate new knowledge on how Xi Jinping-era legal ideology guides policy and decision-making in China. The expected outcomes include an enhanced conceptual and empirical understanding of politico-legal change in China. This project has significant implications for Australia given China’s increasingly assertive role in international governance. Read moreRead less
Trajectories of Wrongful Conviction and Pathways to Exoneration. This is the first national study of its kind that investigates the trajectories of wrongful convictions as systems failures by examining decisions from investigation to exoneration. Wrongful conviction is a significant social and legal problem in Australia and other nations. It costs the Australian government millions in police, court and prison services and has health and psychological consequences for exonerees and their families ....Trajectories of Wrongful Conviction and Pathways to Exoneration. This is the first national study of its kind that investigates the trajectories of wrongful convictions as systems failures by examining decisions from investigation to exoneration. Wrongful conviction is a significant social and legal problem in Australia and other nations. It costs the Australian government millions in police, court and prison services and has health and psychological consequences for exonerees and their families. Expected outcomes for this project include an early warning detection tool to identify at-risk cases and overall improved accuracy in convictions. This will provide significant benefits, for criminal justice agencies, victims and accused individuals while positioning Australia as a world leader in the field.Read moreRead less
Challenges, Possibilities and Future Directions: A National Assessment of Australia's Children's Courts. Children's Courts occupy a unique position in the child welfare and juvenile justice systems in responding to often marginalized delinquent youth and vulnerable children and families. Philosophical and structural shifts in Australia and overseas suggest community and legal system responses are often ineffective and contribute to longer-term problems, creating social challenges for governments ....Challenges, Possibilities and Future Directions: A National Assessment of Australia's Children's Courts. Children's Courts occupy a unique position in the child welfare and juvenile justice systems in responding to often marginalized delinquent youth and vulnerable children and families. Philosophical and structural shifts in Australia and overseas suggest community and legal system responses are often ineffective and contribute to longer-term problems, creating social challenges for governments and communities alike. This national study will examine how key stakeholders, including, significantly, judicial officers, view the Children's Court's contemporary responses and challenges, their preferred alternatives responses and the viability of suggested reforms, thus offering a unique contribution to informing legal and social policy change.Read moreRead less
Towards a climate theory of tropical cyclone formation. In Earth's current climate, about 80 to 90 tropical cyclones form every year around the globe, but the reasons why cyclones form at this rate are unknown. This project will use a combination of theoretical techniques and numerical simulation to elucidate the links between large-scale climate and the rate of tropical cyclone formation. A series of climate model experiments will be performed that also have the potential to improve confidence ....Towards a climate theory of tropical cyclone formation. In Earth's current climate, about 80 to 90 tropical cyclones form every year around the globe, but the reasons why cyclones form at this rate are unknown. This project will use a combination of theoretical techniques and numerical simulation to elucidate the links between large-scale climate and the rate of tropical cyclone formation. A series of climate model experiments will be performed that also have the potential to improve confidence in our predictions of tropical cyclone incidence in a future, changed climate.Read moreRead less
Reactivity and photochemistry of halide anions: atmospheric implications. Bromine and iodine are suspected to be responsible for most of the halogen-induced ozone loss in the stratosphere but are not currently included in atmospheric models due to a paucity of knowledge of the gas-phase chemistry and photochemistry of their anions and radicals. This project will develop and deploy advanced mass spectrometry and laser spectroscopy techniques to enable precision measurements of the reactions and p ....Reactivity and photochemistry of halide anions: atmospheric implications. Bromine and iodine are suspected to be responsible for most of the halogen-induced ozone loss in the stratosphere but are not currently included in atmospheric models due to a paucity of knowledge of the gas-phase chemistry and photochemistry of their anions and radicals. This project will develop and deploy advanced mass spectrometry and laser spectroscopy techniques to enable precision measurements of the reactions and photo-reactions of gas-phase iodide and bromide anions and their oxides. These state-of-the-art measurements of reaction kinetics and products will enable accurate chemical models that predict the impact of bromine and iodine chemistry on ozone levels and will inform future models for global climate.Read moreRead less