Preventive Detention of High Risk Offenders: The Search for Effective and Legitimate Parameters. This Project will provide Australian policymakers with proposals for the management and treatment of high risk offenders that adopt international best practice standards and which are constitutionally valid and consistent with Australia's international legal obligations. It seeks to help safeguard the community from offenders considered at high risk of causing harm.
Auditing the Victorian Charter: Australian and international perspectives on applied human rights. This project is a detailed legal, government and policy case study of the most important human rights initiative in recent Australian history. It will provide research and new knowledge in key areas of human rights: the operation of human rights Bills, links between human rights and social disadvantage, education and community attitudes, and strategic government implementation. The project will d ....Auditing the Victorian Charter: Australian and international perspectives on applied human rights. This project is a detailed legal, government and policy case study of the most important human rights initiative in recent Australian history. It will provide research and new knowledge in key areas of human rights: the operation of human rights Bills, links between human rights and social disadvantage, education and community attitudes, and strategic government implementation. The project will develop a new policy tool (a national Audit) to monitor, plan and strengthen human rights in government and the community, and contribute to better social wellbeing and stronger democracy in Australia.Read moreRead less
Dilemmas in Non-Citizen Detention and Removal: An International Comparative Study. The project will generate policy proposals to obviate costly legal challenges, damaging ethical controversies, and the erosion of confidence and morale in the administration of Australian immigration practices. By developing new safeguards for the integrity of Australia's immigration, the project will assist in protecting Australian citizens from the dangers of terrorism and crime. Proposals generated will seek to ....Dilemmas in Non-Citizen Detention and Removal: An International Comparative Study. The project will generate policy proposals to obviate costly legal challenges, damaging ethical controversies, and the erosion of confidence and morale in the administration of Australian immigration practices. By developing new safeguards for the integrity of Australia's immigration, the project will assist in protecting Australian citizens from the dangers of terrorism and crime. Proposals generated will seek to respect the human rights of non-citizens, whilst increasing confidence in the integrity of the immigration system and reducing public fears concerning security.Read moreRead less
A Comparative Analysis of Reparation Schemes for the Gross Violation of Human Rights and Their Applicability to Australian Indigenous Peoples. Reparation schemes for the victims of gross violation of human rights have developed significantly over the last 25 years in various jurisdictions across the world. In Australia there has been a call for reparations for Aboriginal victims of forcible removal from their families (the Stolen Generations). The research aims to (a) analyse the international e ....A Comparative Analysis of Reparation Schemes for the Gross Violation of Human Rights and Their Applicability to Australian Indigenous Peoples. Reparation schemes for the victims of gross violation of human rights have developed significantly over the last 25 years in various jurisdictions across the world. In Australia there has been a call for reparations for Aboriginal victims of forcible removal from their families (the Stolen Generations). The research aims to (a) analyse the international experience of reparations along specific criteria; (b) determine the effectiveness of various approaches and the applicability of various models to the Australian context; (c) determine other practices, policies or events in relation to Australian Indigenous people which might give rise to reparations.Read moreRead less
Non-Discrimination Laws and Religious Freedom: Current Conflicts and Future Directions. Achieving the right balance between adequately protecting religious freedom while staying true to principles of non-discrimination is far from easy. This project will advance understanding and analysis of religious freedom and equal treatment in Australia, in principle, in law and empirically. In the context of community tensions along ethno-religious lines, it will benefit Australia to have the issues at st ....Non-Discrimination Laws and Religious Freedom: Current Conflicts and Future Directions. Achieving the right balance between adequately protecting religious freedom while staying true to principles of non-discrimination is far from easy. This project will advance understanding and analysis of religious freedom and equal treatment in Australia, in principle, in law and empirically. In the context of community tensions along ethno-religious lines, it will benefit Australia to have the issues at stake described and clarified. The project will identify the relevant interests at stake and develop policy recommendations for their protection. The aim is to contribute to inter-religious (and inter-cultural) harmony, as an element of safeguarding Australia.Read moreRead less
Defining and Attempting Reconciliation: A Critical Analysis of the Pursuit of Reconciliation in South Africa's Truth and Reconciliation Commission. This project challenges existing accounts of South Africa's confrontation of its apartheid past, by establishing the conceptual significance of 'reconciliation' in its Truth and Reconciliation Commission. Using a perspective informed by the international context of transitional justice, and by comparison with other postcolonial racially-divided soci ....Defining and Attempting Reconciliation: A Critical Analysis of the Pursuit of Reconciliation in South Africa's Truth and Reconciliation Commission. This project challenges existing accounts of South Africa's confrontation of its apartheid past, by establishing the conceptual significance of 'reconciliation' in its Truth and Reconciliation Commission. Using a perspective informed by the international context of transitional justice, and by comparison with other postcolonial racially-divided societies, it tests the hypothesis that restorative justice is more effective than retributive justice. Publication of the findings in a book and articles will illuminate the significance of 'reconciliation' for South Africa's recent political, legal and social history, and for its immediate future. In a larger thematic context, it also offers important applications for Australia.Read moreRead less
Law, Governance and Regulation of Intra-regional Labour Migration in South East Asia: An Agenda for Protection and Development. Safe and effective labour migration in the South East Asian region contributes to the prosperity, security and stability of the region and of Australia's trading partners. This project will contribute to safeguarding Australia by improving our legal and policy responses to people movement and by tackling the problem of transnational crime associated with irregular migra ....Law, Governance and Regulation of Intra-regional Labour Migration in South East Asia: An Agenda for Protection and Development. Safe and effective labour migration in the South East Asian region contributes to the prosperity, security and stability of the region and of Australia's trading partners. This project will contribute to safeguarding Australia by improving our legal and policy responses to people movement and by tackling the problem of transnational crime associated with irregular migration (smuggling) and trafficking. The project will enhance Australia's reputation, leadership and influence in the South East Asian region and will lead to economic and social benefits for Australia through strengthening co-operative relationships and improved prosperity in the region. Read moreRead less
Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region. The problem of trafficking in persons and issues of forced migration in the Asia-Pacific region are matters of national concern as they involve the security of the nation and the prevention of organised transnational crime. This project will contribute to the safeguarding of Australia by improving our understanding of the nature of the problem and what legal responses ....Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region. The problem of trafficking in persons and issues of forced migration in the Asia-Pacific region are matters of national concern as they involve the security of the nation and the prevention of organised transnational crime. This project will contribute to the safeguarding of Australia by improving our understanding of the nature of the problem and what legal responses work best in combating trafficking. By specifically focussing on the gaps in the existing law, practice and policy, the project will enable Australia to be a major international leader in this important field.Read moreRead less
An International Comparative Analysis of Refugee Decision-Making. Surprisingly little information is available about the actual practice of refugee decision-making and the results of different kinds of claims (which are only recorded by the country of the claimant, not the basis of the claim). This project focuses upon practice "on the ground" to look at what is really happening. Currently, almost nothing is known about asylum seekers by category of claim (ie race, religion). This research will ....An International Comparative Analysis of Refugee Decision-Making. Surprisingly little information is available about the actual practice of refugee decision-making and the results of different kinds of claims (which are only recorded by the country of the claimant, not the basis of the claim). This project focuses upon practice "on the ground" to look at what is really happening. Currently, almost nothing is known about asylum seekers by category of claim (ie race, religion). This research will examine in detail many hundreds of cases made over a 10 year period. This data will contribute to a consistent and just decision-making process nationally and internationally. This in turn will ultimately reduce the burgeoning trend of costly and lengthy litigation.Read moreRead less
Building Human Rights in the Region through Horizontal Transnational Networks: the Role of the Asia Pacific Forum of National Human Rights Institutions. The observance of human rights is an important element of social cohesion and stability in the countries of the region. This project undertakes an evaluation of a regional public network of national human rights institutions, the Asia Pacific Forum of National Human Rights Institutions, and assesses the extent to which a cooperative horizontal e ....Building Human Rights in the Region through Horizontal Transnational Networks: the Role of the Asia Pacific Forum of National Human Rights Institutions. The observance of human rights is an important element of social cohesion and stability in the countries of the region. This project undertakes an evaluation of a regional public network of national human rights institutions, the Asia Pacific Forum of National Human Rights Institutions, and assesses the extent to which a cooperative horizontal endeavour like the Forum can effectively promote and facilitate the implementation of shared international goals in the field of human rights. The research findings will contribute to improved policymaking for the promotion of the implementation of human rights and other international good governance goals in the region. Read moreRead less