Just spaces: security without prejudice in the wireless courtroom. How do jurors respond to seeing defendants in a glass cage, in a traditional wooden dock or at the Bar table? The project will examine how courtroom design shapes attitudes; and, bringing together court executives, architects and researchers, will show how flexible wireless courtrooms can meet both security and human rights standards.
Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on ....Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on the views of key stakeholders about the effectiveness of the mechanisms used to resolve human rights complaints. This new information will inform legal and policy reform throughout Australia. The expected outcomes include developing a robust evidence-based model for human rights dispute resolution in the Australian context.Read moreRead less
Gauging informed public opinion on sentencing sex offenders: a national study. Sex offences appear to attract the greatest community condemnation and desire to punish, particularly when involving predatory stranger rapists or when the victims are children. This national study aims to ascertain informed public opinion on sex offender sentencing by exploring the views of jurors in sex offence trials in all higher courts in Australia.
Improving online case law within the constraints of free access through heuristic linking and resulting discovery mechanisms. Better interconnections between cases and between cases and other documents, will improve the work of the judiciary, lawyers and legal researchers. Improved speed, accuracy and comprehensiveness of assessment of the legal implications of previous cases should result in better quality client advice and judicial decisions. The general public and business, for whom AustLII ....Improving online case law within the constraints of free access through heuristic linking and resulting discovery mechanisms. Better interconnections between cases and between cases and other documents, will improve the work of the judiciary, lawyers and legal researchers. Improved speed, accuracy and comprehensiveness of assessment of the legal implications of previous cases should result in better quality client advice and judicial decisions. The general public and business, for whom AustLII is the principal means of accessing law, will also benefit from better understanding of, and easier access to, the interconnections between the sources of law. Free access via AustLII's increasingly comprehensive coverage of Australian Courts and Tribunals means these innovations will be of immediate broad national benefit.Read moreRead less
The last outlaw: Making a nation from the crimes of Jimmy Governor. This project aims to produce a legal history of the murderer Jimmy Governor to discover the extent to which law-making was generated by acts of law-breaking. The Australian Federation laid the foundations for the nation’s legal institutions under the rule of law. The Aboriginal serial killer, Jimmy Governor, was outlawed and convicted on the threshold of Federation, in 1900. Through Governor’s legal history, the project will pro ....The last outlaw: Making a nation from the crimes of Jimmy Governor. This project aims to produce a legal history of the murderer Jimmy Governor to discover the extent to which law-making was generated by acts of law-breaking. The Australian Federation laid the foundations for the nation’s legal institutions under the rule of law. The Aboriginal serial killer, Jimmy Governor, was outlawed and convicted on the threshold of Federation, in 1900. Through Governor’s legal history, the project will produce an account of the law and its outsiders at an important historical moment. This project expects to provide knowledge about punishment, surveillance and imprisonment in the emerging nation, and a history of the rules of evidence and criminal procedure.Read moreRead less
The foundations of civil justice in Australia. This project aims to provide an in-depth historical account of the origins of our civil justice system in Australia. Judicial institutions and their practices were key to the founding of civil society in the Australian colonies. This project will produce new knowledge about the origins of our civil justice system. The project will trace legal reformist ideas in England, their dissemination across Britain's Empire and the impact these had on how judg ....The foundations of civil justice in Australia. This project aims to provide an in-depth historical account of the origins of our civil justice system in Australia. Judicial institutions and their practices were key to the founding of civil society in the Australian colonies. This project will produce new knowledge about the origins of our civil justice system. The project will trace legal reformist ideas in England, their dissemination across Britain's Empire and the impact these had on how judges and administrators in the Australian colonies crafted their judicial practices to provide speedy and effective access to civil justice. As well as scholarly writing, this project will provide a podcast and multi-media website that explains how civil trials worked in the mid-nineteenth century.Read moreRead less
Enhancing court safety by managing people, places and processes. Australia will be better protected 'from terrorism and crime' by having safer courts. High-profile criminal cases can be managed more expeditiously, vulnerable participants will be able to take part more confidently in justice processes, while Australian society more generally will be protected by having courts that provide effective responses to crime while maintaining openness and respect for law. In providing a holistic analy ....Enhancing court safety by managing people, places and processes. Australia will be better protected 'from terrorism and crime' by having safer courts. High-profile criminal cases can be managed more expeditiously, vulnerable participants will be able to take part more confidently in justice processes, while Australian society more generally will be protected by having courts that provide effective responses to crime while maintaining openness and respect for law. In providing a holistic analysis of safety needs and responses, the study also provides an empirial foundation for developing 'smart information uses', ensuring that surveillance and screening technologies complement court design and training policies to create environments that are physically and psychologically safe.Read moreRead less
The Legal Regulation of Behaviour as a Disability. People who exhibit socially challenging behaviour are increasingly defined in law as having a disability. This project explores the problem of how law should respond to this growing cohort, a problem that becomes more acute as advances in genetics and the brain sciences expand the set of socially unacceptable behaviours that are identified as biologically based. Using detailed case studies of the regulation of genetic screening of embryos for di ....The Legal Regulation of Behaviour as a Disability. People who exhibit socially challenging behaviour are increasingly defined in law as having a disability. This project explores the problem of how law should respond to this growing cohort, a problem that becomes more acute as advances in genetics and the brain sciences expand the set of socially unacceptable behaviours that are identified as biologically based. Using detailed case studies of the regulation of genetic screening of embryos for disability and the application of disability discrimination law to behavioural traits, the project is expected to determine how, if at all, law should regulate variant personality and behaviour.Read moreRead less
Small mercies, big futures: enhancing law, policy and practice in the selection, protection and settlement of refugee children and youth. This project will assist refugee youth and children who ultimately become Australian citizens or permanent residents. In so doing, it will help to maximise the social benefits that flow from immigration. The project will also help to reduce the risk of social dysfunction that flows from damage sustained in childhood. By raising awareness of issues involving ....Small mercies, big futures: enhancing law, policy and practice in the selection, protection and settlement of refugee children and youth. This project will assist refugee youth and children who ultimately become Australian citizens or permanent residents. In so doing, it will help to maximise the social benefits that flow from immigration. The project will also help to reduce the risk of social dysfunction that flows from damage sustained in childhood. By raising awareness of issues involving refugee children, the project will encourage Australians to become more responsive to children generally. Finally, the international exposure generated by the project will assist in restoring Australia's international reputation, which has been damaged by poor practices in relation to refugee youth and children in the past.Read moreRead less
Criminalisation of poverty and homelessness in Australia: A national study. The project aims to assess the policing and enforcement of public order crimes and related offences (e.g. obstruct/disobey police, breach of bail, and minor property offences) on individuals experiencing poverty and homelessness. The project endeavours to collect and analyse qualitative data from across Australia on the lived experience of people who are homeless or at risk of homelessness, regarding the impact of crimin ....Criminalisation of poverty and homelessness in Australia: A national study. The project aims to assess the policing and enforcement of public order crimes and related offences (e.g. obstruct/disobey police, breach of bail, and minor property offences) on individuals experiencing poverty and homelessness. The project endeavours to collect and analyse qualitative data from across Australia on the lived experience of people who are homeless or at risk of homelessness, regarding the impact of criminal laws and police powers concerned with presence in, and movement around public places. It will particularly focus on the impact on women, children and Indigenous peoples. The outcomes will seek to reduce the criminalisation of homeless people, by identifying law and policy reform options, and comparing their cost with that of 'business as usual'.Read moreRead less