Where are Indigenous women in the sentencing of Indigenous offenders? The project aims to explore the experience of Indigenous women in Australian courts. Legal sentencing principles for Indigenous defendants have been formulated almost exclusively with Indigenous men in mind. Insufficient research has been undertaken on whether these principles are applicable for Indigenous women. This project undertakes a qualitative analysis of local court sentencing remarks, case files and interviews with In ....Where are Indigenous women in the sentencing of Indigenous offenders? The project aims to explore the experience of Indigenous women in Australian courts. Legal sentencing principles for Indigenous defendants have been formulated almost exclusively with Indigenous men in mind. Insufficient research has been undertaken on whether these principles are applicable for Indigenous women. This project undertakes a qualitative analysis of local court sentencing remarks, case files and interviews with Indigenous women prisoners, court actors and pre-sentence reporters. It seeks to ascertain how local courts represent Indigenous women's experiences such as family violence and family responsibilities and the quality of information before sentencing courts. The project's aim is to ensure appropriate engagement with Indigenous women in courts and sentencing outcomes for Indigenous women offenders.Read moreRead less
The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Proj ....The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Project include the development of law reform and policy recommendations to improve the operation of the offence, enhance service responses and develop professional education. This research will provide significant social and economic benefits through better understanding of the legal response to domestic violence.
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Reconceptualising Indigenous access to justice in civil law. The project aims to research enhanced Indigenous access to justice in civil and family law, specifically in areas of housing, discrimination, social security, consumer matters, credit and debt and child protection. The research will identify and examine Indigenous understandings of access to justice and the ways that these may differ from non-Indigenous society. The research is centred on 24 male and female focus groups in Indigenous c ....Reconceptualising Indigenous access to justice in civil law. The project aims to research enhanced Indigenous access to justice in civil and family law, specifically in areas of housing, discrimination, social security, consumer matters, credit and debt and child protection. The research will identify and examine Indigenous understandings of access to justice and the ways that these may differ from non-Indigenous society. The research is centred on 24 male and female focus groups in Indigenous communities, and stakeholder interviews in a range of geographic contexts across Australia. It will investigate Indigenous-specific frameworks that most appropriately reflect Indigenous perspectives of access to justice, and the way that these can be applied in certain civil and family law contexts.Read moreRead less
Trajectories of Wrongful Conviction and Pathways to Exoneration. This is the first national study of its kind that investigates the trajectories of wrongful convictions as systems failures by examining decisions from investigation to exoneration. Wrongful conviction is a significant social and legal problem in Australia and other nations. It costs the Australian government millions in police, court and prison services and has health and psychological consequences for exonerees and their families ....Trajectories of Wrongful Conviction and Pathways to Exoneration. This is the first national study of its kind that investigates the trajectories of wrongful convictions as systems failures by examining decisions from investigation to exoneration. Wrongful conviction is a significant social and legal problem in Australia and other nations. It costs the Australian government millions in police, court and prison services and has health and psychological consequences for exonerees and their families. Expected outcomes for this project include an early warning detection tool to identify at-risk cases and overall improved accuracy in convictions. This will provide significant benefits, for criminal justice agencies, victims and accused individuals while positioning Australia as a world leader in the field.Read moreRead less
Waiting For Law: Land, Custom and Legal Regulation in East Timor. The project contributes to a national research priority: safeguarding Australia. Conflicts over customary lands have played important roles in the 'arc of instability' to our North, including in relation to natural resources (Aceh, West Papua, Bougainville) and land alienated or leased to "outsiders" (Solomon Islands, Vanuatu, Fiji). Developing an effective model for regulating customary lands in East Timor will (1) safeguard ou ....Waiting For Law: Land, Custom and Legal Regulation in East Timor. The project contributes to a national research priority: safeguarding Australia. Conflicts over customary lands have played important roles in the 'arc of instability' to our North, including in relation to natural resources (Aceh, West Papua, Bougainville) and land alienated or leased to "outsiders" (Solomon Islands, Vanuatu, Fiji). Developing an effective model for regulating customary lands in East Timor will (1) safeguard our considerable aid and military assistance contributions to East Timor, (2) serve Australia's interest in regional stability and sustainable development, and (3) offer potential comparative lessons for land and resource-related conflicts in Indonesia and the South Pacific.Read moreRead less
The Sustainable Use of Australia's Biodiversity: Transfer of Traditional Knowledge and Intellectual Property. Australia has a diverse and unique resource in its native and natural biology. Its indigenous peoples have learned to harness this resource and have accumulated knowledge of its usefulness to humans in the treatment of illnesses and ailments. It is in the national interest that this knowledge be exploited and that the benefits be shared equitably with them, but importantly that its pot ....The Sustainable Use of Australia's Biodiversity: Transfer of Traditional Knowledge and Intellectual Property. Australia has a diverse and unique resource in its native and natural biology. Its indigenous peoples have learned to harness this resource and have accumulated knowledge of its usefulness to humans in the treatment of illnesses and ailments. It is in the national interest that this knowledge be exploited and that the benefits be shared equitably with them, but importantly that its potential in pharmaceuticals and treatments be maximised by Australian researchers and industry. This project looks at how patent regulation can be improved to meet these national interests.Read moreRead less
The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the p ....The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the project will provide a solid basis for shifting the prevailing focus on parents’ needs in application of the law toward more child-responsive parenting arrangements. This new knowledge will support parents and professionals to achieve child-responsive approaches to post-separation parenting arrangements, reducing potentially adverse impacts of parental separation on children, and benefitting children, families and the community.Read moreRead less
A legal framework for managing mangrove ecosystem services. This project aims to examine legal and policy challenges, together with expert opinion, to generate a legal framework that recognises and protects the multiple ecosystem services provided by mangroves. Global rates of mangrove loss are of great concern because of the significant ecosystem services they provide in coastal environments. In the Australian context it is important that national and state legal frameworks operate efficiently ....A legal framework for managing mangrove ecosystem services. This project aims to examine legal and policy challenges, together with expert opinion, to generate a legal framework that recognises and protects the multiple ecosystem services provided by mangroves. Global rates of mangrove loss are of great concern because of the significant ecosystem services they provide in coastal environments. In the Australian context it is important that national and state legal frameworks operate efficiently to manage and protect these valuable resources. The framework developed in this project will be adaptable to provide significant benefits to other fragile ecosystems in Australia.Read moreRead less
Traditional knowledge and intellectual property: A comparison of current approaches in Australia, Indonesia and the Philippines. The concepts of 'indigenous cultural and intellectual property rights' and 'traditional resource rights' have sparked a debate between resource-rich developing countries and technology rich industrialised nations, because of their importance for biotechnology and pharmaceutical research. This comparative study combines legal analysis and fieldwork to critically examine ....Traditional knowledge and intellectual property: A comparison of current approaches in Australia, Indonesia and the Philippines. The concepts of 'indigenous cultural and intellectual property rights' and 'traditional resource rights' have sparked a debate between resource-rich developing countries and technology rich industrialised nations, because of their importance for biotechnology and pharmaceutical research. This comparative study combines legal analysis and fieldwork to critically examine cultural assumptions about the relationship of indigenous communities to their symbols and their environment. The examination will extend to Southeast Asia to discover different concepts of 'indigenous' and different mechanisms for the interaction between state and customary law. Asian experiences with legislation in this field will provide useful insights for legislators in Australia.Read moreRead less
Establishing an optimal legal framework for online privacy. Consumer confidence in the security of personal information is essential for the growth of electronic commerce. To compete internationally, Australia must establish a world-class legal framework for the protection of online privacy. New technologies for collecting and processing personal information pose threats to individual privacy. Other technologies may protect privacy. Increasingly, effective protection of privacy depends upon ....Establishing an optimal legal framework for online privacy. Consumer confidence in the security of personal information is essential for the growth of electronic commerce. To compete internationally, Australia must establish a world-class legal framework for the protection of online privacy. New technologies for collecting and processing personal information pose threats to individual privacy. Other technologies may protect privacy. Increasingly, effective protection of privacy depends upon the coordination of legal rules and technological measures. This project will be the first study to investigate the optimal mix of regulatory tools for the protection of online privacy in Australia. Recommendations will be made to improve Australian privacy laws and policies.Read moreRead less