A study of law reform and its responses to rapid social and community change. This research is designed to assist law reform agencies and other bodies charged with ensuring that the law responds to rapid social change to design and implement best practice modes of responding most effectively both to the changing nature of the legal problems that arise in the 21st century and to the changing constituencies that are affected by them. Through three cases studies: family law reform, laws governing ....A study of law reform and its responses to rapid social and community change. This research is designed to assist law reform agencies and other bodies charged with ensuring that the law responds to rapid social change to design and implement best practice modes of responding most effectively both to the changing nature of the legal problems that arise in the 21st century and to the changing constituencies that are affected by them. Through three cases studies: family law reform, laws governing defences to domestic homicide and tort law reform the project will assess the extent to which they are responsive to the concerns of those traditionally excluded from the legal mainstream.Read moreRead less
Workplace Death and Injury: Re-visiting the Regulatory Impact of Prosecution and Deterrence. The project will be conducted in Australia's two most populous States and falls squarely within the Commonwealth Government's mission of 'promoting good health and well being for all Australians' - one of the key national research priorities. In particular the project supports the specific goal of 'strengthening Australia's social and economic fabric' by examining the role played by legal prosecution o ....Workplace Death and Injury: Re-visiting the Regulatory Impact of Prosecution and Deterrence. The project will be conducted in Australia's two most populous States and falls squarely within the Commonwealth Government's mission of 'promoting good health and well being for all Australians' - one of the key national research priorities. In particular the project supports the specific goal of 'strengthening Australia's social and economic fabric' by examining the role played by legal prosecution of OH&S offences in deterring serious workplace injuries and fatalities. It is anticipated that the results of the project will be used to reduce the heavy costs that current rates of workplace injuries and deaths impose on Australian workers, their families and the national economy. Read moreRead less
What is a Document? Evidentiary Challenges in the Digital Age. This project plans to investigate the changing nature and role of documentary evidence in modern Australian litigation. The transformation driven by digital technologies presents challenges to traditional distinctions in the law of evidence. Using case studies, interviews with court officials and legal professionals and observational fieldwork, the project plans to explore methods developed in the fields of information science and th ....What is a Document? Evidentiary Challenges in the Digital Age. This project plans to investigate the changing nature and role of documentary evidence in modern Australian litigation. The transformation driven by digital technologies presents challenges to traditional distinctions in the law of evidence. Using case studies, interviews with court officials and legal professionals and observational fieldwork, the project plans to explore methods developed in the fields of information science and the humanities, where understandings of material cultural in the digital age have advanced rapidly, to examine their potential for law. The project is expected to inform policy development in evidence law so that it remains relevant in the information and cultural economies of the digital age.Read moreRead less
Community sanctions in Australian criminal justice. This project aims to understand the place of community sanctions in the Australian criminal justice system. At a time of record high imprisonment rates, community sanctions that are alternatives to prison do not have a clear purpose. This limits evaluation of their effectiveness and undermines public confidence in criminal justice. The project will examine the use of community sanctions for Indigenous people, women and people with mental/cognit ....Community sanctions in Australian criminal justice. This project aims to understand the place of community sanctions in the Australian criminal justice system. At a time of record high imprisonment rates, community sanctions that are alternatives to prison do not have a clear purpose. This limits evaluation of their effectiveness and undermines public confidence in criminal justice. The project will examine the use of community sanctions for Indigenous people, women and people with mental/cognitive impairment in three jurisdictions. This is intended to inform scholarly and public debates and to contribute to policies and practices that reduce inequality and enhance justice.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
Discovery Early Career Researcher Award - Grant ID: DE180100577
Funder
Australian Research Council
Funding Amount
$321,983.00
Summary
Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both prac ....Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both practical law reform and theoretical constructions of culpability.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE130100418
Funder
Australian Research Council
Funding Amount
$374,906.00
Summary
Responsibility in criminal law. The principle of criminal responsibility lies at the heart of our criminal justice systems. This project provides a systematic analysis of criminal responsibility in the context of the NSW criminal law. It engages Australian scholarship in, and enhances Australia's contribution to, an important and growing field.
Indonesia's Constitutional Court: safeguarding democratic transition? This project analyses the Indonesian Constitutional Court's decisions in election-related cases. It examines the Court's role in maintaining democracy and, ultimately, the national unity of Indonesia. By explaining how Indonesian democracy 'works', this project will enhance Australia's economic, political and cultural engagement with Indonesia.
Indonesia’s Anti-Corruption Courts: Making or Breaking Governance Reform? This project plans to help policy-makers and the community to understand Indonesia’s new regional anti-corruption courts. Indonesia has notoriously high levels of public-sector corruption which are undermining Indonesia’s post-Soeharto governance reforms, eroding support for democracy and decentralisation, and threatening stability. Regional anti-corruption courts were established from 2011, ostensibly to help curb corrupt ....Indonesia’s Anti-Corruption Courts: Making or Breaking Governance Reform? This project plans to help policy-makers and the community to understand Indonesia’s new regional anti-corruption courts. Indonesia has notoriously high levels of public-sector corruption which are undermining Indonesia’s post-Soeharto governance reforms, eroding support for democracy and decentralisation, and threatening stability. Regional anti-corruption courts were established from 2011, ostensibly to help curb corruption. This project plans to examine how these courts operate and assess their effectiveness. Their performance is critical to the success of Indonesia’s broader governance reforms, including democratisation and decentralisation, which in turn help Indonesia sustain political stability and economic development, both of which affect the economic and security interests of Australia and the region.Read moreRead less
Open justice and open secrets: the cultural afterlife of criminal evidence. This project explores the consequences of using criminal evidence in the cultural field, after the conclusion of the trial. It investigates whether an appropriate regulatory or ethical framework can be developed in response to challenging or controversial re-deployments of this material by artists, curators, journalists, scholars and others.