Adult Sexual Assault: An evidence-based policy, practice and advocacy model for Victoria Police. Sexual violence causes long term health and economic costs. One Australian study estimates the fiscal cost to victims and the community as 230m dollars per year. The trauma of the assault is often compounded by police investigative processes that victims find alienating and demeaning. Eliminating significant barriers to police reporting and creating a more just criminal response is essential. Sexual ....Adult Sexual Assault: An evidence-based policy, practice and advocacy model for Victoria Police. Sexual violence causes long term health and economic costs. One Australian study estimates the fiscal cost to victims and the community as 230m dollars per year. The trauma of the assault is often compounded by police investigative processes that victims find alienating and demeaning. Eliminating significant barriers to police reporting and creating a more just criminal response is essential. Sexual assault is recognised globally as a Human Rights issue that is receiving increasing attention by governments in Australia. This project will result in the implementation of a policing model that advances the rights and welfare of victims therefore contributing an important step in ameliorating some of the documented health consequences.
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A Conceptual History of War Crimes Trials. Promoting justice around the globe is an end in itself as well as a means of avoiding the sort of mass social disruption that threatens the global commonwealth (and, therefore, Australia). It is imperative that this system be exposed to a critical historical analysis. The project will clarify precisely what is at stake in Australia's long commitment to war crimes law and establish Australia as a global centre for international criminal justice at a tran ....A Conceptual History of War Crimes Trials. Promoting justice around the globe is an end in itself as well as a means of avoiding the sort of mass social disruption that threatens the global commonwealth (and, therefore, Australia). It is imperative that this system be exposed to a critical historical analysis. The project will clarify precisely what is at stake in Australia's long commitment to war crimes law and establish Australia as a global centre for international criminal justice at a transformative moment in the history of the international legal order. The specific aim is to write an intellectual history of international law's encounter with the problem of evil and the possibility of rehabilitation and redemption through criminal trial. Read moreRead less
Australia's Post World War II War Crimes Trials of Japanese Defendants. Contemporary war crimes trials regularly refer to historical precedent - particularly post-WWII war crimes trials. One virtually unknown group of trials were those conducted by Australian Military Tribunals - the primary sources for which are readily available (Australian War Memorial and National Archives) but under-studied. Australian Tribunals sat in judgment over 814 Japanese Defendants in 296 separate trials and yet th ....Australia's Post World War II War Crimes Trials of Japanese Defendants. Contemporary war crimes trials regularly refer to historical precedent - particularly post-WWII war crimes trials. One virtually unknown group of trials were those conducted by Australian Military Tribunals - the primary sources for which are readily available (Australian War Memorial and National Archives) but under-studied. Australian Tribunals sat in judgment over 814 Japanese Defendants in 296 separate trials and yet there has never been a systematic study of this chapter of Australian Legal and Military History. This project is intended to provide the first study of the trials and will also "unlock" the under-utilised but vast documentary resource for future researchers.Read moreRead less
Evaluating Federal class actions through empirical and comparative perspectives. Sixteen years after the introduction of a Federal class action regime (Part IVA), it is time for an accurate assessment (through an empirical and comparative study) of whether the concerns expressed by numerous commentators - that Part IVA has failed to enhance access to justice and judicial economy and has frequently been abused by the legal representatives of Part IVA parties and litigation funders - are justified ....Evaluating Federal class actions through empirical and comparative perspectives. Sixteen years after the introduction of a Federal class action regime (Part IVA), it is time for an accurate assessment (through an empirical and comparative study) of whether the concerns expressed by numerous commentators - that Part IVA has failed to enhance access to justice and judicial economy and has frequently been abused by the legal representatives of Part IVA parties and litigation funders - are justified. This study will finally provide Australian lawmakers with a detailed reform agenda to ensure that Part IVA will provide the benefits that it was intended to secure whilst operating in a fair and just manner. It will thus benefit similarly situated claimants, respondents, the Federal Court and the broader community.Read moreRead less
The police role in victim and witness support: researching a best practice model. The experience of victims and witnesses is instrumental in building public confidence in the criminal justice system. Negative experiences with the agencies of criminal justice reduce not only the likelihood that individuals will engage in future, but also the likelihood of their friends and families doing so. The experience of victims and witnesses is therefore central to the creation of an inclusive and participa ....The police role in victim and witness support: researching a best practice model. The experience of victims and witnesses is instrumental in building public confidence in the criminal justice system. Negative experiences with the agencies of criminal justice reduce not only the likelihood that individuals will engage in future, but also the likelihood of their friends and families doing so. The experience of victims and witnesses is therefore central to the creation of an inclusive and participatory criminal justice system. This project aims to strengthen public participation and trust in criminal justice agencies by developing transferrable research-based service delivery systems that better meet the needs of victims and witnesses. Read moreRead less
Combating the financing of terrorism: enhancing security or compromising civil rights and democracy? To enhance security without compromising civil rights and democracy is a key challenge facing government in Australia and internationally. Legislative and policy developments related to combating the financing of terrorism are at the forefront of attempts to safeguard Australia from terrorism. The research will bring new knowledge to these policy and legislative developments; stimulate debate, pr ....Combating the financing of terrorism: enhancing security or compromising civil rights and democracy? To enhance security without compromising civil rights and democracy is a key challenge facing government in Australia and internationally. Legislative and policy developments related to combating the financing of terrorism are at the forefront of attempts to safeguard Australia from terrorism. The research will bring new knowledge to these policy and legislative developments; stimulate debate, provide important insights to government, law enforcement, and financial regulators; and give voice to communities, organisations, and individuals directly affected. The project will assist in ensuring that government measures meet the challenge of being effective without unduly compromising civil rights or democracy. Read moreRead less
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.
The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participa ....The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participation in international human rights fora. This project will enhance our understanding of struggles to effect legal reform of contentious police powers and to improve protection of citizens' rights through reforming law enforcement practices. It will contribute to ongoing Sino-Australian cooperation to promote human rights protection.Read moreRead less
New Initiatives in Enforcing Employment Standards: Assessing the Effectiveness of Federal Government Compliance Strategies. The well-being of more than eight million Australian employees is underpinned by statutory workplace entitlements. For the large majority of those employees, these are set by federal legislation. The statutory entitlements are meaningful only in so far as they are complied with, and improving the effectiveness of the federal enforcement agency, the Workplace Ombudsman, is t ....New Initiatives in Enforcing Employment Standards: Assessing the Effectiveness of Federal Government Compliance Strategies. The well-being of more than eight million Australian employees is underpinned by statutory workplace entitlements. For the large majority of those employees, these are set by federal legislation. The statutory entitlements are meaningful only in so far as they are complied with, and improving the effectiveness of the federal enforcement agency, the Workplace Ombudsman, is therefore of crucial public importance. This project provides the first comprehensive scholarly empirical evaluation of the Workplace Ombudsman. Its findings will identify multiple ways in which enforcement practices can be improved, not only for the Workplace Ombudsman, but also for comparable compliance agencies domestically and overseas.Read moreRead less
Counter-terrorism policing for culturally diverse communities. Counter-terrorism policing will be investigated by focusing on the impact of counter terrorism measures on the police, community, media and legislative/policy framework. An interdisciplinary approach is taken to the first ever examination of how counter terrorism is changing both the policing function and linguistically and culturally diverse communities. It will produce a counter-terrorism policing model that challenges traditiona ....Counter-terrorism policing for culturally diverse communities. Counter-terrorism policing will be investigated by focusing on the impact of counter terrorism measures on the police, community, media and legislative/policy framework. An interdisciplinary approach is taken to the first ever examination of how counter terrorism is changing both the policing function and linguistically and culturally diverse communities. It will produce a counter-terrorism policing model that challenges traditional paramilitary responses to terrorism that centrally locates diverse communities/policing relationships at the heart of the counter-terrorism policing effort. With cross jurisdictional application, the qualitative and quantitative data, will inform a broad scholarship with wide ranging policy implications at both the state and federal level.Read moreRead less