Federalism for the 21st Century - A Framework for Achieving Reform and Change. Improvements to Australia's federal consitutional system could return between $9 billion and $20 billion each year to taxpayers (up to 3% of GDP). The problem affects service delivery in areas like health and education and hampers our ability to meet new challenges like water scarcity and climate change. In developing clear criteria for improving Australia's federal constitutionalism this project offers significant ....Federalism for the 21st Century - A Framework for Achieving Reform and Change. Improvements to Australia's federal consitutional system could return between $9 billion and $20 billion each year to taxpayers (up to 3% of GDP). The problem affects service delivery in areas like health and education and hampers our ability to meet new challenges like water scarcity and climate change. In developing clear criteria for improving Australia's federal constitutionalism this project offers significant long term financial and other benefits to the nation and will also produce more specific benefits as a result of its case studies of health and water management.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
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
Just truth? An empirical study of expert evidence. Though a ubiquitous feature of contemporary legal and regulatory practice, expert evidence continues to create administrative and socio-economic problems. Expert evidence can add to the length, cost and complexity of litigation and has been linked to the failure of tort law, the withdrawal of insurance coverage, legal mistakes and notorious miscarriages of justice. This project will examine how expert knowledge is developed and used in and aroun ....Just truth? An empirical study of expert evidence. Though a ubiquitous feature of contemporary legal and regulatory practice, expert evidence continues to create administrative and socio-economic problems. Expert evidence can add to the length, cost and complexity of litigation and has been linked to the failure of tort law, the withdrawal of insurance coverage, legal mistakes and notorious miscarriages of justice. This project will examine how expert knowledge is developed and used in and around legal settings. It will identify means of improving the provision and evaluation of expert advice in order to enhance the social legitimacy of our legal institutions and facilitate commercial innovation and productivity.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
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
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
Workplace Death and Injury: Re-visiting the Regulatory Impact of Prosecution and Deterrence. The project will be conducted in Australia's two most populous States and falls squarely within the Commonwealth Government's mission of 'promoting good health and well being for all Australians' - one of the key national research priorities. In particular the project supports the specific goal of 'strengthening Australia's social and economic fabric' by examining the role played by legal prosecution o ....Workplace Death and Injury: Re-visiting the Regulatory Impact of Prosecution and Deterrence. The project will be conducted in Australia's two most populous States and falls squarely within the Commonwealth Government's mission of 'promoting good health and well being for all Australians' - one of the key national research priorities. In particular the project supports the specific goal of 'strengthening Australia's social and economic fabric' by examining the role played by legal prosecution of OH&S offences in deterring serious workplace injuries and fatalities. It is anticipated that the results of the project will be used to reduce the heavy costs that current rates of workplace injuries and deaths impose on Australian workers, their families and the national economy. Read moreRead less
Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice ....Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice; codifying the law would be more feasible; and harmonising Australian contract law with that of our international trade partners would be facilitated. The project thus has the potential to contribute to strengthening Australia's social and economic fabric (Priority Goal 4 of National Research Priority 2).Read moreRead less
The impact of migrants on Australian public law: An historical and cultural study. Many leading cases in constitutional and administrative law since 1901 have involved migrants and non-citizens. This project explores their role in the development of public law in Australia. Selected cases will be interpreted from historical, cultural, political and legal doctrinal perspectives, to understand how migrants have shaped the public discourse on judicial review, power of the Executive and human righ ....The impact of migrants on Australian public law: An historical and cultural study. Many leading cases in constitutional and administrative law since 1901 have involved migrants and non-citizens. This project explores their role in the development of public law in Australia. Selected cases will be interpreted from historical, cultural, political and legal doctrinal perspectives, to understand how migrants have shaped the public discourse on judicial review, power of the Executive and human rights. In mapping the impact of migrants on Australian law and society (and, ultimately, national identity), it will contribute to current debates about public law, and assist understanding of citizenship, immigration, sovereignty, and the proper scope of judicial review.
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