'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent e ....'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent examination process, will explore the ways in which this integral part of the patent system may be improved. This research will lead to proposals for reform that are in line with the interests of Australia's unique economy.Read moreRead less
The presentation of expert evidence in Australian criminal trials: the role of lawyers and experts. This project will shed light on how courts, lawyers and experts can work effectively together to deliver expert evidence in the courtroom. Improving the provision and effective use of expert evidence will benefit the Australian community by providing a better quality criminal justice system.
Delivering Effective Protection to Victims and Prevention of Human Trafficking in the Greater Mekong Sub-Region. The project will help safeguard Australia by improving our understanding of the nature of human trafficking in the Asia-Pacific region through victims' profiles and about what preventive measures work best. It will focus upon capacity building and co-ordination of NGO-State responses. It will contribute to Australia's continuing reputation as regional leader on these issues, by focusi ....Delivering Effective Protection to Victims and Prevention of Human Trafficking in the Greater Mekong Sub-Region. The project will help safeguard Australia by improving our understanding of the nature of human trafficking in the Asia-Pacific region through victims' profiles and about what preventive measures work best. It will focus upon capacity building and co-ordination of NGO-State responses. It will contribute to Australia's continuing reputation as regional leader on these issues, by focusing on high quality research to inform policy development and practice on aid effectiveness in the area of counter-human trafficking. This is expected to lead to significant social and economic benefits through building upon existing cooperative relationships.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
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
Seeking Asylum Alone: The Treatment of Separated and Trafficked Children in Need of Refugee Protection in Australia. Forced migration is a critical human rights issue. Although increasing in number, children traveling on their own to seek protection abroad have received scant scholarly attention. No systematic research exists on the efficacy of asylum as a mechanism for protecting separated children smuggled or trafficked into Australia. Claims and experiences of such children will be catalog ....Seeking Asylum Alone: The Treatment of Separated and Trafficked Children in Need of Refugee Protection in Australia. Forced migration is a critical human rights issue. Although increasing in number, children traveling on their own to seek protection abroad have received scant scholarly attention. No systematic research exists on the efficacy of asylum as a mechanism for protecting separated children smuggled or trafficked into Australia. Claims and experiences of such children will be catalogued and studied to determine the extent and nature of the disadvantage they face within Australia's refugee system. The findings will contribute to an international project aimed articulating best practice guidelines for the legal treatment of separated children in refugee determination systems around the world.Read moreRead less
Characteristics and causes of indigenous over-representation in the criminal justice system: A Victorian case-study. Addressing Indigenous disadvantage was identified as a national priority by the Council of Australian Governments in 2002. Our research builds on this initiative by examining important policy questions that are central to Indigenous disadvantage within the justice system. This research adds substantial value to the existing national investment in the collection of data on Indige ....Characteristics and causes of indigenous over-representation in the criminal justice system: A Victorian case-study. Addressing Indigenous disadvantage was identified as a national priority by the Council of Australian Governments in 2002. Our research builds on this initiative by examining important policy questions that are central to Indigenous disadvantage within the justice system. This research adds substantial value to the existing national investment in the collection of data on Indigenous involvement in justice processes, and will assist in the development and implementation of programs to address what has previously been an intractable problem. A key element in the project is establishing strong links with Indigenous community representatives so that the results of the research are made available to those most directly concerned with them.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
Improving court processing of protection applications for young children in the Children's Court of Victoria. The project applies collaborative expertise to improve "healthy starts" (National Research Priority Goal) for vulnerable children with child protection applications in their first 3 years. They need the courts to decide on means of protection and stability. For rural as well as urban areas, the project will identify factors that support or delay provision of stable environments for child ....Improving court processing of protection applications for young children in the Children's Court of Victoria. The project applies collaborative expertise to improve "healthy starts" (National Research Priority Goal) for vulnerable children with child protection applications in their first 3 years. They need the courts to decide on means of protection and stability. For rural as well as urban areas, the project will identify factors that support or delay provision of stable environments for children needing security in their early years. The project provides an evidence base for analyses and case flow management. By analysing court processes, it contributes data on protection cases that are lacking in Australia. This will be a lasting system for the Children's Court that can be generalised to other age groups and jurisdictions. 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