Administrative justice in China: harnessing the rule of law to deal with citizen complaints against official misconduct. Ongoing conflicts between citizens and government officials in China pose a serious threat to the country’s social stability. Dealing fairly and efficiently with citizens’ complaints of administrative misconduct is a core component of China’s commitment to good governance and the rule of law. This legal project undertakes the first systematic examination of the three mechanism ....Administrative justice in China: harnessing the rule of law to deal with citizen complaints against official misconduct. Ongoing conflicts between citizens and government officials in China pose a serious threat to the country’s social stability. Dealing fairly and efficiently with citizens’ complaints of administrative misconduct is a core component of China’s commitment to good governance and the rule of law. This legal project undertakes the first systematic examination of the three mechanisms underpinning administrative justice in China and their interaction: administrative litigation, administrative review, and letters and visits. It will assess China’s capacity to use law to address chronic abuse of power. It will provide a practical understanding of the changing nature of China’s commitment to the rule of law and the implications for Australia.Read moreRead less
Criminalisation of poverty and homelessness in Australia: A national study. The project aims to assess the policing and enforcement of public order crimes and related offences (e.g. obstruct/disobey police, breach of bail, and minor property offences) on individuals experiencing poverty and homelessness. The project endeavours to collect and analyse qualitative data from across Australia on the lived experience of people who are homeless or at risk of homelessness, regarding the impact of crimin ....Criminalisation of poverty and homelessness in Australia: A national study. The project aims to assess the policing and enforcement of public order crimes and related offences (e.g. obstruct/disobey police, breach of bail, and minor property offences) on individuals experiencing poverty and homelessness. The project endeavours to collect and analyse qualitative data from across Australia on the lived experience of people who are homeless or at risk of homelessness, regarding the impact of criminal laws and police powers concerned with presence in, and movement around public places. It will particularly focus on the impact on women, children and Indigenous peoples. The outcomes will seek to reduce the criminalisation of homeless people, by identifying law and policy reform options, and comparing their cost with that of 'business as usual'.Read moreRead less
Evaluating redress mechanisms governing the human rights practices of transnational business: lessons for institutional design and operation. Australian and United Kingdom researchers will collaborate with leading development and human rights organisations to design regulatory systems that promote sustained business compliance with human rights norms, and enable workers and communities to defend their human rights when these are infringed by businesses from Australia and other OECD countries.
National research study of the civil and family law needs of Indigenous people. This research will benefit Indigenous communities by improving access and equity in legal services. By identifying and addressing the civil and family law needs of Indigenous people, the research will make a key contribution to improving legal and social justice outcomes. Partner organisations in the research will actively implement the findings to the national benefit, creating more appropriate, accessible and bette ....National research study of the civil and family law needs of Indigenous people. This research will benefit Indigenous communities by improving access and equity in legal services. By identifying and addressing the civil and family law needs of Indigenous people, the research will make a key contribution to improving legal and social justice outcomes. Partner organisations in the research will actively implement the findings to the national benefit, creating more appropriate, accessible and better targeted legal services aimed at meeting identified needs. The research will make an important contribution to the Commonwealth's welfare reform and participation agendas, particularly its Access to Justice Framework as better access to legal services can play an important role in alleviating economic and social disadvantage.Read moreRead less
A cross-disciplinary investigation of creative arts as intervention activity for young people at risk in urban and rural Victoria. The research project will investigate whether the involvement of "at risk" teenagers in creative arts activities can act as effective diversions from harmful risk taking behaviour. The project will set up, document and analyse creative arts projects in three urban and rural Victorian localities where there is a high proportion of marginalised youth. This research wil ....A cross-disciplinary investigation of creative arts as intervention activity for young people at risk in urban and rural Victoria. The research project will investigate whether the involvement of "at risk" teenagers in creative arts activities can act as effective diversions from harmful risk taking behaviour. The project will set up, document and analyse creative arts projects in three urban and rural Victorian localities where there is a high proportion of marginalised youth. This research will explore how involvement in creative expression results in increased self-esteem, an improved sense of goal setting and achievement together with community commitment. It will provide justice and social agencies with a model for effective youth program planning which will facilitate re-education and work opportunitiesRead 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
The Efficacy of Family Mediation where Family Violence is Present. The family mediation model of dispute resolution offers separated couples a cheaper, more empowering method to resolve property and child custody matters. Current government policy encourages family mediation even where a history of violence exists, yet little is known about the safety and effectiveness of this approach. Family violence is experienced by over 20% of the adult female population with far reaching effects on emotion ....The Efficacy of Family Mediation where Family Violence is Present. The family mediation model of dispute resolution offers separated couples a cheaper, more empowering method to resolve property and child custody matters. Current government policy encourages family mediation even where a history of violence exists, yet little is known about the safety and effectiveness of this approach. Family violence is experienced by over 20% of the adult female population with far reaching effects on emotional and health status, family stability and child development. There is thus a critical need to determine the safety and wellbeing outcomes of current practice to inform policy development in handling difficult family violence cases. Read moreRead less
Withholding and withdrawing life-sustaining treatment from adults lacking capacity: Enhancing medical decision-making through doctors' compliance with the law. This project will enhance medical decision-making about the provision of life-sustaining treatment to adults without decision-making capacity through improved compliance with the law. This will advance patients' autonomy and dignity, protect vulnerable adults whose lives may be wrongly ended because of inappropriate treatment decisions a ....Withholding and withdrawing life-sustaining treatment from adults lacking capacity: Enhancing medical decision-making through doctors' compliance with the law. This project will enhance medical decision-making about the provision of life-sustaining treatment to adults without decision-making capacity through improved compliance with the law. This will advance patients' autonomy and dignity, protect vulnerable adults whose lives may be wrongly ended because of inappropriate treatment decisions and avoid litigation for doctors and hospitals. The project also aims to improve the quality of the law by resolving legal ambiguity and proposing reforms. This will further enhance the quality of decision-making, and will reduce defensive medicine and the cost of complying with the law, leading to savings in health expenditure.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
Managing Competing Claims to Land and Resources - Does Property Law Promote Sustainability ? A key factor in promoting environmental sustainability is the resolution of competing claims to land and water resources in rural Australia. This project would examine the effectiveness of property law as the major model for resolving conflicts and regulating land and resources. Through overseas and Australian comparative research the project would provide an analysis of alternative legal and instituti ....Managing Competing Claims to Land and Resources - Does Property Law Promote Sustainability ? A key factor in promoting environmental sustainability is the resolution of competing claims to land and water resources in rural Australia. This project would examine the effectiveness of property law as the major model for resolving conflicts and regulating land and resources. Through overseas and Australian comparative research the project would provide an analysis of alternative legal and institutional models of relevance to land and resource management authorities, industry and community groups. It would support the resolution of competing claims through an examination of legal models, which may more effectively promote environmental sustainability.Read moreRead less