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
When informed consent goes poorly: A descriptive study of health care complaints and medical negligence claims. To correct process failures effectively, one must understand them. This project will improve knowledge of problems and disputes that arise when patients are 'consented' for medical treatment -- an enterprise in which thousands of Australians, many at very vulnerable stages of their lives, are engaged daily. Study findings will advance understanding of breakdowns in the informed conse ....When informed consent goes poorly: A descriptive study of health care complaints and medical negligence claims. To correct process failures effectively, one must understand them. This project will improve knowledge of problems and disputes that arise when patients are 'consented' for medical treatment -- an enterprise in which thousands of Australians, many at very vulnerable stages of their lives, are engaged daily. Study findings will advance understanding of breakdowns in the informed consent process and help shape strategies for reducing them. Our partner organisations are extraordinarily well-placed to carry insights from this work to health professionals in the field, enhancing opportunities for real benefits to patients from the research. The project fits with the national research priority of promoting and maintaining good health.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
Developing negotiation decision support systems that promote constructive relationships following disputes. The development of negotiation support systems that focus upon complying with notions of equity, rather than mere integrative bargaining, will lead to more durable outcomes, meaning negotiated settlements will not be discarded and constantly re-litigated. Our development of appropriate systems will provide disputants with information and knowledge that will lead to the continuation of cons ....Developing negotiation decision support systems that promote constructive relationships following disputes. The development of negotiation support systems that focus upon complying with notions of equity, rather than mere integrative bargaining, will lead to more durable outcomes, meaning negotiated settlements will not be discarded and constantly re-litigated. Our development of appropriate systems will provide disputants with information and knowledge that will lead to the continuation of constructive relationships following disputes and reduce the magnitude and extent of conflicts. This will lead to significant cost savings in the administration of justice as well as reduced legal fees. It will result in more harmonious communities - especially in families and body corporates.Read moreRead less
Knowledge Discovery in Discretionary Legal Domains. The development of legal decision support systems in discretionary domains will lead to: (1) Consistency; (2) Transparency; (3) Efficiency; and (4) Enhanced support for dispute resolution. The researchers on this project have been using the World Wide Web to disseminate legal knowledge.
With the collaboration of Victoria Legal Aid and JUSTSYS, we propose to use knowledge discovery from databases and argumentation techniques to model how discre ....Knowledge Discovery in Discretionary Legal Domains. The development of legal decision support systems in discretionary domains will lead to: (1) Consistency; (2) Transparency; (3) Efficiency; and (4) Enhanced support for dispute resolution. The researchers on this project have been using the World Wide Web to disseminate legal knowledge.
With the collaboration of Victoria Legal Aid and JUSTSYS, we propose to use knowledge discovery from databases and argumentation techniques to model how discretionary legal decision-makers operate. A significant application of the research will be the construction of a prototype for assisting criminal law defense lawyers to make arguments with regard to their client's sentences.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
The history of advocacy and guardianship for people with disabilities in Victoria, 1986 - 2006. The history and analysis of the Victorian Office of the Public Advocate will benefit the national community by providing a fuller understanding of guardianship and advocacy in daily action, and of the interaction between people with disabilities and the state. It will make an important contribution to understanding the changing ways that governments act and deliver services. The project will also deep ....The history of advocacy and guardianship for people with disabilities in Victoria, 1986 - 2006. The history and analysis of the Victorian Office of the Public Advocate will benefit the national community by providing a fuller understanding of guardianship and advocacy in daily action, and of the interaction between people with disabilities and the state. It will make an important contribution to understanding the changing ways that governments act and deliver services. The project will also deepen understanding of volunteering, in particular of the role ordinary citizens can play in guarding the rights of their fellow citizens. Read moreRead less
Family Lawyers and Child-Focused Dispute Resolution: Managing Inter-Professional Relationships in the Family Law System. This multi-disciplinary project involving law, psychology, and social work, will shed light on the facilitators and inhibitors of effective collaboration between legal and social science professionals in the family law system. It will do this by exploring the knowledge base, attitudes, norms, and beliefs that underpin practice for both groups, as well as contextual factors aff ....Family Lawyers and Child-Focused Dispute Resolution: Managing Inter-Professional Relationships in the Family Law System. This multi-disciplinary project involving law, psychology, and social work, will shed light on the facilitators and inhibitors of effective collaboration between legal and social science professionals in the family law system. It will do this by exploring the knowledge base, attitudes, norms, and beliefs that underpin practice for both groups, as well as contextual factors affecting collaboration. The study is a response to government proposals to increase reliance on non-legal dispute management methods and mediation professionals to resolve post-separation parenting disputes. It aims to inform the design of better integrated professional services for separated parents in the family law system.Read moreRead less
Improving online case law within the constraints of free access through heuristic linking and resulting discovery mechanisms. Better interconnections between cases and between cases and other documents, will improve the work of the judiciary, lawyers and legal researchers. Improved speed, accuracy and comprehensiveness of assessment of the legal implications of previous cases should result in better quality client advice and judicial decisions. The general public and business, for whom AustLII ....Improving online case law within the constraints of free access through heuristic linking and resulting discovery mechanisms. Better interconnections between cases and between cases and other documents, will improve the work of the judiciary, lawyers and legal researchers. Improved speed, accuracy and comprehensiveness of assessment of the legal implications of previous cases should result in better quality client advice and judicial decisions. The general public and business, for whom AustLII is the principal means of accessing law, will also benefit from better understanding of, and easier access to, the interconnections between the sources of law. Free access via AustLII's increasingly comprehensive coverage of Australian Courts and Tribunals means these innovations will be of immediate broad national benefit.Read moreRead less
'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