Judicial Officers and Workload Allocation. Courts and judges constitute a key social and legal institution with a distinctive obligation to maintain the rule of law. The knowledge produced by this research will benefit the judiciary, the courts, government and the public they serve. Research findings about the allocation of judicial work will be used by courts and government to shape policy in recruitment, selection and professional development. It will assist individual judicial officers to ....Judicial Officers and Workload Allocation. Courts and judges constitute a key social and legal institution with a distinctive obligation to maintain the rule of law. The knowledge produced by this research will benefit the judiciary, the courts, government and the public they serve. Research findings about the allocation of judicial work will be used by courts and government to shape policy in recruitment, selection and professional development. It will assist individual judicial officers to manage their workloads and provide valuable information for courts in managing independent professionals. This research will improve public and scholarly understanding of Australia's courts and will help sustain an institution essential for safeguarding Australia.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
Establishing Guidelines for Coronial Best Practice Use of Internal Autopsy. Last year in Queensland 2700 Coronial internal autopsies were conducted at a cost of $5.3 million. In addition to the economic cost, other relevant concerns include few qualified personnel, public health risks, and cultural and religious sensitivities associated with internal autopsy. Anecdotal evidence suggests that for a number of these deaths, the internal autopsy was not necessary to establish cause or circumstance ....Establishing Guidelines for Coronial Best Practice Use of Internal Autopsy. Last year in Queensland 2700 Coronial internal autopsies were conducted at a cost of $5.3 million. In addition to the economic cost, other relevant concerns include few qualified personnel, public health risks, and cultural and religious sensitivities associated with internal autopsy. Anecdotal evidence suggests that for a number of these deaths, the internal autopsy was not necessary to establish cause or circumstance of death. The purpose of this research is to create guidelines to enable coroners to weight all sources of evidence before ordering internal autopsies The purpose is to decrease the number (and associated costs, risks and distress to families) of unnecessary internal autopsies being performed without compromising the finding as to cause and circumstance of death.Read moreRead less
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
(Dis)abling Reports: Mapping uptake, progress and outcomes of police reports of sexual assault made by those with cognitive impairment. This project examines reporting outcomes of police reports of sexual assault by people with a cognitive impairment. This group are more vulnerable to sexual offences yet less likely to have the report progress completely through the investigative pathways of the police. There exist no studies identifying the decision making police use when determining the progr ....(Dis)abling Reports: Mapping uptake, progress and outcomes of police reports of sexual assault made by those with cognitive impairment. This project examines reporting outcomes of police reports of sexual assault by people with a cognitive impairment. This group are more vulnerable to sexual offences yet less likely to have the report progress completely through the investigative pathways of the police. There exist no studies identifying the decision making police use when determining the progress of reports. Decisions as to whether a report proceeds or exits the justice system are documented and contained in a restricted police data system. Analysing this data will generate a framework around the decision making applied and map the progress and exit stages of these reports.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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Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to res ....Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to respond to periodic crises in public confidence in constructive and informed ways, rather than act in response to law and order rhetoric, linked with harsh sentencing regimes, and costly and potentially unnecessary increases in incarceration rates.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
The Changing Role Of The Magistrates Court. Magistrates courts have far more contact with the community than any other court but have rarely been the subject of direct research. Recent changes include greater professional qualifications for magistrates and increased volume, complexity and seriousness of cases. This project will survey the changing social/demographic characteristics of magistrates; analyse their daily work, especially increased judicial functions; and examine roles played by s ....The Changing Role Of The Magistrates Court. Magistrates courts have far more contact with the community than any other court but have rarely been the subject of direct research. Recent changes include greater professional qualifications for magistrates and increased volume, complexity and seriousness of cases. This project will survey the changing social/demographic characteristics of magistrates; analyse their daily work, especially increased judicial functions; and examine roles played by social service providers. It will produce a better understanding of magistrates courts, emphasising ideas of judicial independence and accountability, essential to ensuring high standards for the Australian legal system and its relation to the community.Read moreRead less