New Concepts in Legal Pluralism: A Theoretical and Practical Analysis. The central objective of this project is to make a substantial and original contribution to legal knowledge by developing a new concept of legal pluralism, and demonstrating its practical significance in the modern legal context. The traditional centralist model of law fails to recognise the co-existance of law with "quasi-legal" and informal normative systems, it deals inadequately with social and cultural difference, and it ....New Concepts in Legal Pluralism: A Theoretical and Practical Analysis. The central objective of this project is to make a substantial and original contribution to legal knowledge by developing a new concept of legal pluralism, and demonstrating its practical significance in the modern legal context. The traditional centralist model of law fails to recognise the co-existance of law with "quasi-legal" and informal normative systems, it deals inadequately with social and cultural difference, and it fails to recognise that state-based law is neither closed nor autonomous. This project will develop an innovative approach to legal pluralism, and strengthen pluralist thought within Australian law.Read moreRead less
Who is Law For? An Analysis of the Nature of the Legal Being. The project will provide the first contemporary comprehensive scholarly treatise on "the legal person" as this legal concept applies to natural beings and objects: from rational humans, to human foetuses to animals to trees. It will have a direct bearing on legal decision-making in some of the most sensitive and controversial areas of law and therefore will have a highly practical legal application. For example, the project critically ....Who is Law For? An Analysis of the Nature of the Legal Being. The project will provide the first contemporary comprehensive scholarly treatise on "the legal person" as this legal concept applies to natural beings and objects: from rational humans, to human foetuses to animals to trees. It will have a direct bearing on legal decision-making in some of the most sensitive and controversial areas of law and therefore will have a highly practical legal application. For example, the project critically evaluates the legal status of the embryo and so will be of immediate interest to national and international law reformers considering the legality of the new reproductive technologies, cloning and embryonic stem cell research.Read moreRead less
Sentencing Indigenous offenders of partner violence: A fundamental comparative analysis of Indigenous sentencing courts and specialist family violence courts. Courts are often used for rehabilitating offenders, however, there is usually little thought and planning put into the development of court processes so that they can achieve their goals. Since specialist courts are being used to sentence Indigenous offenders of partner violence it is important to make the court experience more meaningfu ....Sentencing Indigenous offenders of partner violence: A fundamental comparative analysis of Indigenous sentencing courts and specialist family violence courts. Courts are often used for rehabilitating offenders, however, there is usually little thought and planning put into the development of court processes so that they can achieve their goals. Since specialist courts are being used to sentence Indigenous offenders of partner violence it is important to make the court experience more meaningful for such offenders so that a reduction of violence in Indigenous communities can begin to occur. The economic and social benefits of reducing violence have direct effects on the individuals affected, and wider, long-term effects on generating more harmonious and cohesive Indigenous families and communities. Read moreRead less
Characteristics and causes of indigenous over-representation in the criminal justice system: A Victorian case-study. Addressing Indigenous disadvantage was identified as a national priority by the Council of Australian Governments in 2002. Our research builds on this initiative by examining important policy questions that are central to Indigenous disadvantage within the justice system. This research adds substantial value to the existing national investment in the collection of data on Indige ....Characteristics and causes of indigenous over-representation in the criminal justice system: A Victorian case-study. Addressing Indigenous disadvantage was identified as a national priority by the Council of Australian Governments in 2002. Our research builds on this initiative by examining important policy questions that are central to Indigenous disadvantage within the justice system. This research adds substantial value to the existing national investment in the collection of data on Indigenous involvement in justice processes, and will assist in the development and implementation of programs to address what has previously been an intractable problem. A key element in the project is establishing strong links with Indigenous community representatives so that the results of the research are made available to those most directly concerned with them.Read moreRead less
Non-Discrimination Laws and Religious Freedom: Current Conflicts and Future Directions. Achieving the right balance between adequately protecting religious freedom while staying true to principles of non-discrimination is far from easy. This project will advance understanding and analysis of religious freedom and equal treatment in Australia, in principle, in law and empirically. In the context of community tensions along ethno-religious lines, it will benefit Australia to have the issues at st ....Non-Discrimination Laws and Religious Freedom: Current Conflicts and Future Directions. Achieving the right balance between adequately protecting religious freedom while staying true to principles of non-discrimination is far from easy. This project will advance understanding and analysis of religious freedom and equal treatment in Australia, in principle, in law and empirically. In the context of community tensions along ethno-religious lines, it will benefit Australia to have the issues at stake described and clarified. The project will identify the relevant interests at stake and develop policy recommendations for their protection. The aim is to contribute to inter-religious (and inter-cultural) harmony, as an element of safeguarding Australia.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
Community Capacity Building in Child Protection Through Responsive Regulation. Neglect and abuse of children is a critical issue in this country. The number of cases reported to state authorities is increasing. Recent estimates show that a child is abused every 2 minutes in Australia. This research develops an innovative approach that protects children while promoting greater support for families. By harnessing and building community capacity this approach has the potential to make more efficien ....Community Capacity Building in Child Protection Through Responsive Regulation. Neglect and abuse of children is a critical issue in this country. The number of cases reported to state authorities is increasing. Recent estimates show that a child is abused every 2 minutes in Australia. This research develops an innovative approach that protects children while promoting greater support for families. By harnessing and building community capacity this approach has the potential to make more efficient use of existing resources through earlier intervention and improved cooperation with families. This project aims to reduce the incidents and harm caused by child abuse and neglect in ways that strengthen communities, while enhancing the integrity of child protection agencies.Read moreRead less
The New Collaborative Environmental Governance: Natural Resource Management in Australia. This project will evaluate the new regional natural resource management arrangements that have been established across Australia. The project outcomes will enable policy-makers nationally to identify opportunities for innovative policies and programs which can achieve better results for the environment (reducing environmental degradation), and for the economy (reducing costs to rural industries and to regul ....The New Collaborative Environmental Governance: Natural Resource Management in Australia. This project will evaluate the new regional natural resource management arrangements that have been established across Australia. The project outcomes will enable policy-makers nationally to identify opportunities for innovative policies and programs which can achieve better results for the environment (reducing environmental degradation), and for the economy (reducing costs to rural industries and to regulators) while substantially increasing effective community participation. The project will also provide principles with the potential to reshape environmental strategy and establish Australia as a leader in collaborative environmental governance internationally.Read moreRead less
The Sustainable Use of Australia's Biodiversity: Transfer of Traditional Knowledge and Intellectual Property. Australia has a diverse and unique resource in its native and natural biology. Its indigenous peoples have learned to harness this resource and have accumulated knowledge of its usefulness to humans in the treatment of illnesses and ailments. It is in the national interest that this knowledge be exploited and that the benefits be shared equitably with them, but importantly that its pot ....The Sustainable Use of Australia's Biodiversity: Transfer of Traditional Knowledge and Intellectual Property. Australia has a diverse and unique resource in its native and natural biology. Its indigenous peoples have learned to harness this resource and have accumulated knowledge of its usefulness to humans in the treatment of illnesses and ailments. It is in the national interest that this knowledge be exploited and that the benefits be shared equitably with them, but importantly that its potential in pharmaceuticals and treatments be maximised by Australian researchers and industry. This project looks at how patent regulation can be improved to meet these national interests.Read moreRead less
Coherent, independent and user-friendly? Participant perceptions of social security administrative review processes in Australia and Britain. The capacity to exercise rights associated with citizenship, and to participate meaningfully in community life, is significantly affected by access to financial security and by community confidence in the independence and fairness of systems of entitlement review. This research will examine recent developments in Australian social security review mechanism ....Coherent, independent and user-friendly? Participant perceptions of social security administrative review processes in Australia and Britain. The capacity to exercise rights associated with citizenship, and to participate meaningfully in community life, is significantly affected by access to financial security and by community confidence in the independence and fairness of systems of entitlement review. This research will examine recent developments in Australian social security review mechanisms, in both policy and practice. It is of national significance as it will demonstrate the extent to which statutory objectives of fairness, comprehensibility and accessibility are achieved, particularly from the perspectives of participants in appeals. The research has critical implications for legislation, policy and practice in administrative law and tribunal practice. Read moreRead less