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‘Traction’ or ‘Turbulence’ in Japanese Regulatory Style? - An Empirical Analysis of Japanese Commercial Law Reform since the 1990s. A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's 'traction' to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more 'turbulent' process of l ....‘Traction’ or ‘Turbulence’ in Japanese Regulatory Style? - An Empirical Analysis of Japanese Commercial Law Reform since the 1990s. A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's 'traction' to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more 'turbulent' process of law reform - one that is complex, conflicting, unpredictable and ongoing. Empirically testing this hypothesis against Japan's wave of commercial law reforms since the 1990s, this project aims to develop a model of legal and regulatory change in Japan. This model is of strategic importance for Australian policy-makers, business-leaders and legal advisors seeking to understand and respond to Japan's changing business and legal environment.Read moreRead less
The Impact of Hate Speech Laws on Public Discourse in Australia. 2009 will mark the 20th anniversary of the enactment of the first Australian laws (NSW) directed at the regulation of hate speech. Although hate speech laws are now firmly embedded in Australia's legal landscape, and have been extended in some jurisdictions to vilification based on religious and sexual orientation, they remain a controversial instrument for supporting Australia's policies on multiculturalism, religious tolerance an ....The Impact of Hate Speech Laws on Public Discourse in Australia. 2009 will mark the 20th anniversary of the enactment of the first Australian laws (NSW) directed at the regulation of hate speech. Although hate speech laws are now firmly embedded in Australia's legal landscape, and have been extended in some jurisdictions to vilification based on religious and sexual orientation, they remain a controversial instrument for supporting Australia's policies on multiculturalism, religious tolerance and respect for difference. An examination of the effects of hate speech laws on public discourse - both intended and unintended - will offer valuable insights about the capacity of law to deliver social cohesion in 21st century Australia.Read moreRead less
Managing Conflict in Higher Education. Disputes in Australian universities attract extensive publicity that damages the national and international reputation of Australian universities in the local and global marketplace. Litigation and other costs amount to millions of dollars. This money could be better spent on universities' core business of teaching and research. This project will use new developments in alternative dispute resolution to help Australian universities resolve disputes more eff ....Managing Conflict in Higher Education. Disputes in Australian universities attract extensive publicity that damages the national and international reputation of Australian universities in the local and global marketplace. Litigation and other costs amount to millions of dollars. This money could be better spent on universities' core business of teaching and research. This project will use new developments in alternative dispute resolution to help Australian universities resolve disputes more effectively. It will focus on methods of resolving disputes that save costs but are also appropriate for disputes involving important issues such as academic freedom. 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
Civilizing Divorce: Social Change, Law and the Transformation of Parenthood. The project will leave policy-makers, professionals, law reformers, and parents and their children themselves, better equipped to navigate their way through a major process of transformation in the way our intimate lives are structured. It will help take some of the 'heat' out of the child custody debate, to see current changes as an integral part of a broader process of change in our emotional relationships, and to br ....Civilizing Divorce: Social Change, Law and the Transformation of Parenthood. The project will leave policy-makers, professionals, law reformers, and parents and their children themselves, better equipped to navigate their way through a major process of transformation in the way our intimate lives are structured. It will help take some of the 'heat' out of the child custody debate, to see current changes as an integral part of a broader process of change in our emotional relationships, and to broaden the conceptual resources available to policy-making and law reform concerning post-separation child custody.Read moreRead less
Living Down the Past: Criminal Record Checks and Access to Employment for Ex-offenders. This project will introduce increased certainty as to the rights and obligations of Australian employers and employees in the use of criminal records checks. It will have significant economic and social benefits for Australia, by helping to reduce the inappropriate exclusion of ex-offenders from employment; improving the rehabilitation of ex-offenders through facilitating their employment opportunities and lo ....Living Down the Past: Criminal Record Checks and Access to Employment for Ex-offenders. This project will introduce increased certainty as to the rights and obligations of Australian employers and employees in the use of criminal records checks. It will have significant economic and social benefits for Australia, by helping to reduce the inappropriate exclusion of ex-offenders from employment; improving the rehabilitation of ex-offenders through facilitating their employment opportunities and lowering rates of recidivism. Other outcomes will be to maximise Australia's labour supply and support efforts to prioritise social inclusion on the national agenda. The project will assist Australia to meet its international obligations and address human rights principles in relation to employment.Read moreRead less
Mental Health Tribunals: Balancing fairness, freedom, protection and right to treatment? In determining treatment options for mentally ill people, mental health tribunals must balance the person's right to treatment with rights to safety, justice and freedom from coercion. Much studied overseas, Australia lacks information about the 'fairness' of hearings. Applying popular 'therapeutic jurisprudence' literature, this project studies the impacts of hearings in 3 diverse Australian jurisdiction ....Mental Health Tribunals: Balancing fairness, freedom, protection and right to treatment? In determining treatment options for mentally ill people, mental health tribunals must balance the person's right to treatment with rights to safety, justice and freedom from coercion. Much studied overseas, Australia lacks information about the 'fairness' of hearings. Applying popular 'therapeutic jurisprudence' literature, this project studies the impacts of hearings in 3 diverse Australian jurisdictions (NSW, Vic & ACT). It uses field observations, interviews and file reviews to isolate best practice reforms. Broader than overseas work, it assesses the actual and perceived fairness of hearings, and the therapeutic outcomes for patients. As in Britain, the project will inform legislative reform and tribunal practices.Read moreRead less
When informed consent goes poorly: A descriptive study of health care complaints and medical negligence claims. To correct process failures effectively, one must understand them. This project will improve knowledge of problems and disputes that arise when patients are 'consented' for medical treatment -- an enterprise in which thousands of Australians, many at very vulnerable stages of their lives, are engaged daily. Study findings will advance understanding of breakdowns in the informed conse ....When informed consent goes poorly: A descriptive study of health care complaints and medical negligence claims. To correct process failures effectively, one must understand them. This project will improve knowledge of problems and disputes that arise when patients are 'consented' for medical treatment -- an enterprise in which thousands of Australians, many at very vulnerable stages of their lives, are engaged daily. Study findings will advance understanding of breakdowns in the informed consent process and help shape strategies for reducing them. Our partner organisations are extraordinarily well-placed to carry insights from this work to health professionals in the field, enhancing opportunities for real benefits to patients from the research. The project fits with the national research priority of promoting and maintaining good health.Read moreRead less
Lifestyle wars: law's role in responding to the challenges of non-communicable diseases. In economic, social and personal terms, non-communicable diseases impose a massive health burden upon Australian society. Law is a potent tool that could influence the economic, environmental and social structures, as well as the personal choices, that generate poor health outcomes. Very little work has been carried out on law's relationship with non-communicable diseases, either in Australia or internatio ....Lifestyle wars: law's role in responding to the challenges of non-communicable diseases. In economic, social and personal terms, non-communicable diseases impose a massive health burden upon Australian society. Law is a potent tool that could influence the economic, environmental and social structures, as well as the personal choices, that generate poor health outcomes. Very little work has been carried out on law's relationship with non-communicable diseases, either in Australia or internationally. By exploring and promoting the contribution that public health law can make to health policy on non-communicable diseases, this project will contribute to the promotion and maintenance of good health in Australia.Read moreRead less