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
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
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
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
Asking the right questions: improving juror comprehension of judicial directions. Juror comprehension is fundamental to the role of juries in the criminal justice system. This project will comprehensively evaluate jurors' ability to comprehend both standard and modified judicial directions. Based on these results, 'model' processes for jury directions will be recommended, aimed at improving juror comprehension.
Using jurors to gauge informed public opinion on sentencing. Policy makers and judicial officers are under increasing pressure to respond to public opinion on sentencing issues and yet gauging public opinion on these issues is problematic. This project will use a new means of ascertaining informed public opinion on sentencing issues to better inform policy makers and judicial officers.
Controversies of legal interpretation: a philosophical investigation of reasoning and adjudication in some recent contentious cases. A series of High Court decisions in Australia since the 1980's generated a public controversy about the role of moral and political values in adjudication. It has been charged that judges are engaged, not in an exercise of technical legal interpretation, but rather in illegitimate and politically partisan ?judicial activism.? The project investigates the theoretica ....Controversies of legal interpretation: a philosophical investigation of reasoning and adjudication in some recent contentious cases. A series of High Court decisions in Australia since the 1980's generated a public controversy about the role of moral and political values in adjudication. It has been charged that judges are engaged, not in an exercise of technical legal interpretation, but rather in illegitimate and politically partisan ?judicial activism.? The project investigates the theoretical and applied questions of legal interpretation implicit in this argument. It rejects the charge of judicial activism. It proposes a ?value-maximizing? theory of reasoning and interpretation that characterizes adjudication in contentious cases as precisely a process of theorizing about relevant moral and political values.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