Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to res ....Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to respond to periodic crises in public confidence in constructive and informed ways, rather than act in response to law and order rhetoric, linked with harsh sentencing regimes, and costly and potentially unnecessary increases in incarceration rates.Read moreRead less
Superannuation and divorce in Australia: an evaluation of post-reform legal practice and property settlement outcomes. The project evaluates the impact of the new Family Law Legislation Amendment (Superannunation) Act 2001, which includes superannuation as property that can be split between the parties. It investigates the ways in which the Courts, legal advisers and divorcing parties take superannuation into account when marriages end. This research assumes, on the basis of previous studies, th ....Superannuation and divorce in Australia: an evaluation of post-reform legal practice and property settlement outcomes. The project evaluates the impact of the new Family Law Legislation Amendment (Superannunation) Act 2001, which includes superannuation as property that can be split between the parties. It investigates the ways in which the Courts, legal advisers and divorcing parties take superannuation into account when marriages end. This research assumes, on the basis of previous studies, that these groups will have difficulties applying this reform in practice, and that various procedural, social and financial factors may limit the broad application of this reform. This research is crucial to ensure that the reform results in improved financial security during retirement - especially for women.Read moreRead less
The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to o ....The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to overcome them it will help to stabilise dispute resolution policies and reduce the need for review and adjustment in the future.Read moreRead less
How Much is it Worth? Legal Discourses and Everyday Understandings of Families, Work and Property. This project will analyse the extent of congruence between the legal discourses and everyday understandings of the contributions made by partners in married and unmarried relationships that form the basis for property division when relationships end. Its claim to innovation lies in its interdisciplinary approach, positioning such understandings within their wider historical and cultural contexts. T ....How Much is it Worth? Legal Discourses and Everyday Understandings of Families, Work and Property. This project will analyse the extent of congruence between the legal discourses and everyday understandings of the contributions made by partners in married and unmarried relationships that form the basis for property division when relationships end. Its claim to innovation lies in its interdisciplinary approach, positioning such understandings within their wider historical and cultural contexts. The project's findings will inform the ongoing and divisive debates between the court, the media and consumers about the justice of such distributions in Australia, providing a basis for design of laws that better meet the needs of the diverse range of Australian families. Read moreRead less
Technical and Legal Models for Virtual Info-Sharing Networks (VISN) for Critical Infrastructure Protection (CIP). This project has substantial national benefit because it will result in the design of a virtual information sharing network (VISN) that will better protect Australia's critical infrastructure. It will provide a comprehensive legal/technical analysis of the requirements/characteristics necessary for the development of a VISN. The development of a secure environment for a VISN will i ....Technical and Legal Models for Virtual Info-Sharing Networks (VISN) for Critical Infrastructure Protection (CIP). This project has substantial national benefit because it will result in the design of a virtual information sharing network (VISN) that will better protect Australia's critical infrastructure. It will provide a comprehensive legal/technical analysis of the requirements/characteristics necessary for the development of a VISN. The development of a secure environment for a VISN will improve industry trust and confidence in participating in the sharing of sensitive information; especially the disclosure of potential vulnerabilities or ascertained potential threats. The project will improve information dissemination speeds and assist post information disclosure controls. 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
Australian Jurors' Perspectives on Expert Evidence. This inter-state, industry and research collaborative project will shed light on how courts, lawyers and experts can best work together to assist juries in their decision-making task. With the cost of a criminal jury trial running well in excess of $20,000 per day, policy-makers are keen to find ways of improving the efficiency of criminal trials. Improving the performance of the jury system will benefit the Australian community by enhancing th ....Australian Jurors' Perspectives on Expert Evidence. This inter-state, industry and research collaborative project will shed light on how courts, lawyers and experts can best work together to assist juries in their decision-making task. With the cost of a criminal jury trial running well in excess of $20,000 per day, policy-makers are keen to find ways of improving the efficiency of criminal trials. Improving the performance of the jury system will benefit the Australian community by enhancing the quality and reducing the cost of the criminal justice system. By intimately involving the judges and forensic scientists in this project we maximise the potential for the results of our research to be adopted by those in a position to improve the jury system.Read moreRead less
Strengthening the Human Rights Focus of Anti-Discrimination Law and Practice. Australian anti-discrimination legislation aims to promote and protect human rights, but its impact has been limited by reliance on private, individualised complaint-handling processes, and by the limited capacity of anti-discrimination agencies to engage in broader inquiries or litigation strategies. This project will determine how to maximise awareness and protection of human rights through the discrimination complai ....Strengthening the Human Rights Focus of Anti-Discrimination Law and Practice. Australian anti-discrimination legislation aims to promote and protect human rights, but its impact has been limited by reliance on private, individualised complaint-handling processes, and by the limited capacity of anti-discrimination agencies to engage in broader inquiries or litigation strategies. This project will determine how to maximise awareness and protection of human rights through the discrimination complaint-handling process, the management of anti-discrimination litigation, and/or the use of other agency functions and powers. By incorporating both the conciliation and litigation aspects of anti-discrimination procedures, systematically examining international models, and involving one of the anti-discrimination agencies as industry partner, the project is designed to contribute significantly to the implementation of human rights in Australia.Read moreRead less
Impaired jury decision-making: The impact of stereotypes in the Australian court room. There have been calls for reforms and overhauls of the jury system in Australia because of concerns about the ability of jurors to reach objective verdicts and concerns about the costs associated with the jury system; however the consequences of these proposed changes for jury functioning are not well understood. This research will provide a better understanding those factors that contribute to impaired jury d ....Impaired jury decision-making: The impact of stereotypes in the Australian court room. There have been calls for reforms and overhauls of the jury system in Australia because of concerns about the ability of jurors to reach objective verdicts and concerns about the costs associated with the jury system; however the consequences of these proposed changes for jury functioning are not well understood. This research will provide a better understanding those factors that contribute to impaired jury decision-making, helping to avoid the very real risk of any changes to the jury system resulting in profound and unpredictable changes to the functioning of the legal system. By doing so, the concerns of people calling for drastic reforms can be addressed without socially and economically expensive overhauls of the jury system.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