The limits of disclosure: private rights, public duties and the search for accountable governance. A reliance on technical considerations such as enhanced disclosure, literacy programs and attempts to bifurcate between sophisticated and unsophisticated investors has each proved sub-optimal in the search for greater, or more accurately, effective accountability both here in Australia and internationally. The acceptance by the corporate sector to process risk allocation, develop a mutually endors ....The limits of disclosure: private rights, public duties and the search for accountable governance. A reliance on technical considerations such as enhanced disclosure, literacy programs and attempts to bifurcate between sophisticated and unsophisticated investors has each proved sub-optimal in the search for greater, or more accurately, effective accountability both here in Australia and internationally. The acceptance by the corporate sector to process risk allocation, develop a mutually endorsed formal and informal regulatory framework, and agree on clear and transparent roles and responsibilities marks a significant step forward. It is both significant and innovative that the design and implementation of the proposed strategic plan will derive from an extended exercise in deliberative democracy.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
Indigenous Justice Reports: new narratives and practices in sentencing. This project engages a participatory action research model to assess the impact of Indigenous Justice Reports in criminal sentencing on sentence practices and outcomes for Indigenous women. It introduces Indigenous Reports for Indigenous women in Victorian Koori Courts and expands their availability in Queensland Murri Courts. Its comparative research approach identifies how place-based factors influence the process and impa ....Indigenous Justice Reports: new narratives and practices in sentencing. This project engages a participatory action research model to assess the impact of Indigenous Justice Reports in criminal sentencing on sentence practices and outcomes for Indigenous women. It introduces Indigenous Reports for Indigenous women in Victorian Koori Courts and expands their availability in Queensland Murri Courts. Its comparative research approach identifies how place-based factors influence the process and impact of Indigenous Reports on sentencing. This project seeks to improve sentencing processes and outcomes for Indigenous defendants by providing courts with reports that address personal and community circumstances of Indigenous women, provide relevant sentencing options and are accompanied with appropriate supports.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE180100599
Funder
Australian Research Council
Funding Amount
$363,487.00
Summary
Regulation and governance for Indigenous welfare. This project aims to study three welfare delivery programs that particularly impact upon Indigenous peoples. Indigenous welfare recipients living in remote Australia are subject to regulatory frameworks that make social security payments contingent on meeting conditions, with significant penalties for non-compliance with program requirements. The goal is to examine the regulation and governance that underpin these three programs. The intended out ....Regulation and governance for Indigenous welfare. This project aims to study three welfare delivery programs that particularly impact upon Indigenous peoples. Indigenous welfare recipients living in remote Australia are subject to regulatory frameworks that make social security payments contingent on meeting conditions, with significant penalties for non-compliance with program requirements. The goal is to examine the regulation and governance that underpin these three programs. The intended outcome is to identify social security principles and policies that are likely to work best in improving the welfare of Indigenous peoples while benefiting the delivery of social security in Australia and beyond.Read moreRead less
Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored thr ....Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored through an in-depth examination of four test case exemplars. This project’s benefits include building a new relationship between Australian judges and Indigenous people and contributing to Australia's jurisprudence on Indigenous people and the law.Read moreRead less
Law, state sovereignty and religious terror: renewing the relevance of early modern political jurisprudence. Modern political thought has lost touch with early modern political jurisprudence. Premised on this hypothesis, the project reconstructs the historical role of political jurisprudence as the discipline that conferred legitimacy on the sovereign state under the rule of law, the great invention to end religious war. As a vital instrument of peaceful coexistence among Europe's warring faiths ....Law, state sovereignty and religious terror: renewing the relevance of early modern political jurisprudence. Modern political thought has lost touch with early modern political jurisprudence. Premised on this hypothesis, the project reconstructs the historical role of political jurisprudence as the discipline that conferred legitimacy on the sovereign state under the rule of law, the great invention to end religious war. As a vital instrument of peaceful coexistence among Europe's warring faiths, this early modern discipline is directly relevant to today's renewed concerns with public security against religious terror. The project will both recover the relevance of political jurisprudence, and provide a major historical corrective to anti-juridical and anti-statist research agendas.Read moreRead less
Increasing advance personal planning by older adults. This project aims to increase the uptake of advance personal planning among people aged 65 years or over in the community by developing, implementing and evaluating a community action model. People have a legal right to engage in advance personal planning, a process that helps them discuss and document their financial, personal and health preferences, in case they later lose the ability to make or communicate decisions. Few people plan ahead, ....Increasing advance personal planning by older adults. This project aims to increase the uptake of advance personal planning among people aged 65 years or over in the community by developing, implementing and evaluating a community action model. People have a legal right to engage in advance personal planning, a process that helps them discuss and document their financial, personal and health preferences, in case they later lose the ability to make or communicate decisions. Few people plan ahead, even though it can reduce the likelihood of financial exploitation, family conflict and unwanted medical care. This project aims to provide a model of community action to build capacity and collaboration across social services and improve the wellbeing of older people.Read moreRead less
Professions, Professional Standards and Capital Markets in the 21st Century: Regulatory Engagement, Design and Strategies. This project aims to advance academic knowledge of professional obligation within capital markets. The objective is to develop practical mechanisms to test and validate oversight programs designed to advance professional standards within the established professions of law and audit and those who aspire to that status (financial advisers and broker/dealers). The research uses ....Professions, Professional Standards and Capital Markets in the 21st Century: Regulatory Engagement, Design and Strategies. This project aims to advance academic knowledge of professional obligation within capital markets. The objective is to develop practical mechanisms to test and validate oversight programs designed to advance professional standards within the established professions of law and audit and those who aspire to that status (financial advisers and broker/dealers). The research uses an innovative conceptual framework that delineates rights, duties and responsibilities and measures capacity to deliver stated commitment to market integrity, thereby attending to the specific and pressing problems faced by the partner organisations. The project aims to provide warranted trust in the commitment of the professions to higher standards, thereby restoring market confidence.Read moreRead less
Special Research Initiatives - Grant ID: SR0354736
Funder
Australian Research Council
Funding Amount
$30,000.00
Summary
Families, Law and Social Policy Research Network. The Federal Government's Family Law Pathways Advisory Group recommended that a national research agenda be developed for family law and social policy that focuses on the separation and divorce transition. For many families Commonwealth private family law and the public law of child protection and domestic violence, provides the setting in which this transition takes place. The proposed multidisciplinary network brings together researchers, policy ....Families, Law and Social Policy Research Network. The Federal Government's Family Law Pathways Advisory Group recommended that a national research agenda be developed for family law and social policy that focuses on the separation and divorce transition. For many families Commonwealth private family law and the public law of child protection and domestic violence, provides the setting in which this transition takes place. The proposed multidisciplinary network brings together researchers, policy makers and service providers in this area. Benefits include research better targeted to the needs of end-users, a stronger evidence base for complex practice, decreased fragmentation of research effort, and a base for research training.Read moreRead less
Justice Reinvestment in Australia: conceptual foundations for criminal justice innovation. This project will examine the characteristics of Justice Reinvestment programs used in other countries which reduce spending on prisons and reinvest the savings in high crime communities to reduce crime and build community services. This study will analyse whether such programs can be developed in the Australian context.