Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair W ....Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair Work Commission to conduct a ballot. It will examine the impact of the ballot requirement and statutory process on decision-making by bargaining representatives and subsequent employee access to industrial action in order to understand the effect of the regulatory scheme on enterprise bargaining behaviour. It is the first empirical study of strike ballots, analysing an important public policy area.Read moreRead less
Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This projec ....Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This project aims to examine how police and prosecutors decide which cases proceed and why, and how they confer with each other as well as when and how they consult with complainants and their families. This project plans to also develop and test practice tools and principles for police and prosecutors with expected benefits for both them and the families involved.Read moreRead less
The role of proxy and governance advisers in corporate governance. This project analyses the role of proxy and governance advisers in corporate governance in Australia and the USA. Its outcomes will clarify the nature and extent of proxy and governance adviser influence over the conduct of institutional investors and listed companies, thus allowing for a more informed debate on the need for regulation.
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.
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE110100154
Funder
Australian Research Council
Funding Amount
$200,000.00
Summary
The World Legal Information Institute European law collection: effective access to European legal information in English for Australian researchers. This facility will provide the most comprehensive collection of free access English language databases of European legal materials (both national and supra-national) and allow citations of European cases and articles to be tracked, improving Australian research in European law.
Access to justice in interpreted proceedings: the role of Judicial Officers. This project aims to examine the ways judicial officers can improve courtroom communication and prevent miscommunication and error, particularly in criminal cases where speakers of the 'new and emerging' and Aboriginal languages are involved, and where interpreters receive limited or no specialised training. Using an innovative interdisciplinary approach, the project aims to generate new knowledge in examining the varia ....Access to justice in interpreted proceedings: the role of Judicial Officers. This project aims to examine the ways judicial officers can improve courtroom communication and prevent miscommunication and error, particularly in criminal cases where speakers of the 'new and emerging' and Aboriginal languages are involved, and where interpreters receive limited or no specialised training. Using an innovative interdisciplinary approach, the project aims to generate new knowledge in examining the variations in judicial officers communications practice when working with interpreters, and their impact on the effective transmission of information in the courtroom. Expected outcomes of this project will include improved outcomes of interpreted communication and a better access to justice for non-English speaking participants.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
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE210100043
Funder
Australian Research Council
Funding Amount
$539,000.00
Summary
The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform r ....The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform reports on AustLII to promote a greater understanding of how the balance is struck between inquisitorial fact-finding and the right to procedural fairness of participants and of how justice is delivered through the inquiry function of public bodies.Read moreRead less
Body Worn Camera Evidence and Assessment of Witness Credibility. The aim of this project is to establish how the use of Body Worn Cameras to record statements in domestic and family violence cases affects assessment of a complainant’s credibility at trial. It will generate new knowledge about the influence of: (i) the physical environment in which recordings are made, (ii) the audio and visual quality of recordings, and (iii) fact-finders’ (judges and jurors) emotional responses to recordings.
....Body Worn Camera Evidence and Assessment of Witness Credibility. The aim of this project is to establish how the use of Body Worn Cameras to record statements in domestic and family violence cases affects assessment of a complainant’s credibility at trial. It will generate new knowledge about the influence of: (i) the physical environment in which recordings are made, (ii) the audio and visual quality of recordings, and (iii) fact-finders’ (judges and jurors) emotional responses to recordings.
Expected outcomes of the project include law reform and policy recommendations to improve the practice of recording victim/witness statements and management of the use of such evidence in criminal proceedings.
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Analysing interactions within the criminal deportation system. This project aims to investigate the convergence of migration control and criminal justice by analysing pathways to criminal deportation. The project expects to generate new criminological understandings of deportation as a means of promoting community safety using interdisciplinary approaches that capture regional and metropolitan practice. Expected outcomes include knowledge of how information flows between migration control and cr ....Analysing interactions within the criminal deportation system. This project aims to investigate the convergence of migration control and criminal justice by analysing pathways to criminal deportation. The project expects to generate new criminological understandings of deportation as a means of promoting community safety using interdisciplinary approaches that capture regional and metropolitan practice. Expected outcomes include knowledge of how information flows between migration control and criminal justice agencies, and the implications for policing, courts, and prison administration. This should provide significant benefits for policy-makers and practitioners, by articulating emerging and unexplored practices that have major consequences for community safety, social cohesion and the rule-of-law.Read moreRead less