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
Strengthening the Human Rights Focus of Anti-Discrimination Law and Practice. Australian anti-discrimination legislation aims to promote and protect human rights, but its impact has been limited by reliance on private, individualised complaint-handling processes, and by the limited capacity of anti-discrimination agencies to engage in broader inquiries or litigation strategies. This project will determine how to maximise awareness and protection of human rights through the discrimination complai ....Strengthening the Human Rights Focus of Anti-Discrimination Law and Practice. Australian anti-discrimination legislation aims to promote and protect human rights, but its impact has been limited by reliance on private, individualised complaint-handling processes, and by the limited capacity of anti-discrimination agencies to engage in broader inquiries or litigation strategies. This project will determine how to maximise awareness and protection of human rights through the discrimination complaint-handling process, the management of anti-discrimination litigation, and/or the use of other agency functions and powers. By incorporating both the conciliation and litigation aspects of anti-discrimination procedures, systematically examining international models, and involving one of the anti-discrimination agencies as industry partner, the project is designed to contribute significantly to the implementation of human rights in Australia.Read moreRead less
Access to Justice Without Lawyers: Understanding Legal Self-Help in Australia. While legal self-help is extensively practised, it is not well understood. Some people choose to do their own legal work while others have no option. The project will use case studies to identify the circumstances (in terms of context, user characteristics and available support) in which self-help is most likely to benefit the user as well as where such self-help should not be promoted. The project will benefit govern ....Access to Justice Without Lawyers: Understanding Legal Self-Help in Australia. While legal self-help is extensively practised, it is not well understood. Some people choose to do their own legal work while others have no option. The project will use case studies to identify the circumstances (in terms of context, user characteristics and available support) in which self-help is most likely to benefit the user as well as where such self-help should not be promoted. The project will benefit governments, courts, private companies, legal aid commissions, community legal centres and other agencies, all of which provide information services designed to assist people to handle law-related work themselves. 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
Legal Responses to Systemic Injuries: Towards a New Paradigm for Compensation. This research aims to identify better and fairer ways for the legal system to respond to systemic injuries, such as the taking of indigenous children from their families, or widespread abuse of children in institutional settings. The tort system is under attack from various quarters: in this context, its failure lies in its focus on harms that happen on a one-to-one, rather than a systemic basis. The research will r ....Legal Responses to Systemic Injuries: Towards a New Paradigm for Compensation. This research aims to identify better and fairer ways for the legal system to respond to systemic injuries, such as the taking of indigenous children from their families, or widespread abuse of children in institutional settings. The tort system is under attack from various quarters: in this context, its failure lies in its focus on harms that happen on a one-to-one, rather than a systemic basis. The research will review redress schemes established in other countries (most notably Canada and Ireland) with a view to developing better and more appropriate legal responses to widespread contemporary harms.Read moreRead less
Challenges, Possibilities and Future Directions: A National Assessment of Australia's Children's Courts. Children's Courts occupy a unique position in the child welfare and juvenile justice systems in responding to often marginalized delinquent youth and vulnerable children and families. Philosophical and structural shifts in Australia and overseas suggest community and legal system responses are often ineffective and contribute to longer-term problems, creating social challenges for governments ....Challenges, Possibilities and Future Directions: A National Assessment of Australia's Children's Courts. Children's Courts occupy a unique position in the child welfare and juvenile justice systems in responding to often marginalized delinquent youth and vulnerable children and families. Philosophical and structural shifts in Australia and overseas suggest community and legal system responses are often ineffective and contribute to longer-term problems, creating social challenges for governments and communities alike. This national study will examine how key stakeholders, including, significantly, judicial officers, view the Children's Court's contemporary responses and challenges, their preferred alternatives responses and the viability of suggested reforms, thus offering a unique contribution to informing legal and social policy change.Read moreRead less
Mental Health Tribunals: Balancing fairness, freedom, protection and right to treatment? In determining treatment options for mentally ill people, mental health tribunals must balance the person's right to treatment with rights to safety, justice and freedom from coercion. Much studied overseas, Australia lacks information about the 'fairness' of hearings. Applying popular 'therapeutic jurisprudence' literature, this project studies the impacts of hearings in 3 diverse Australian jurisdiction ....Mental Health Tribunals: Balancing fairness, freedom, protection and right to treatment? In determining treatment options for mentally ill people, mental health tribunals must balance the person's right to treatment with rights to safety, justice and freedom from coercion. Much studied overseas, Australia lacks information about the 'fairness' of hearings. Applying popular 'therapeutic jurisprudence' literature, this project studies the impacts of hearings in 3 diverse Australian jurisdictions (NSW, Vic & ACT). It uses field observations, interviews and file reviews to isolate best practice reforms. Broader than overseas work, it assesses the actual and perceived fairness of hearings, and the therapeutic outcomes for patients. As in Britain, the project will inform legislative reform and tribunal practices.Read moreRead less
Safeguarding human rights in China: A study of the role of legal aid policy. While China is a well-known Australia n trading partner its efforts to safeguard human rights are not well known. China's legal aid, the focus of this study, promotes human rights in China by assisting women, children, the elderly and disabled with legal advice and education, and representation in court cases. This project describes the innovative Chinese policy, assesses its role in promoting human rights, and propose ....Safeguarding human rights in China: A study of the role of legal aid policy. While China is a well-known Australia n trading partner its efforts to safeguard human rights are not well known. China's legal aid, the focus of this study, promotes human rights in China by assisting women, children, the elderly and disabled with legal advice and education, and representation in court cases. This project describes the innovative Chinese policy, assesses its role in promoting human rights, and proposes practical reforms to further improve legal aid. By improving human rights and the legal system it will also promote the stable conditions in China needed for Sino/Australian trade.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
Rethinking Mental Health Laws: An Integrated Approach. Mental health is one of the Commonwealth Government's national health priority areas. This research program will ensure the best possible outcomes for the Government's five-year action plan for better mental health services by developing model legal frameworks that will help shape the way in which individuals with mental illnesses can access the highest attainable standard of mental health care. Through interdisciplinary collaboration and th ....Rethinking Mental Health Laws: An Integrated Approach. Mental health is one of the Commonwealth Government's national health priority areas. This research program will ensure the best possible outcomes for the Government's five-year action plan for better mental health services by developing model legal frameworks that will help shape the way in which individuals with mental illnesses can access the highest attainable standard of mental health care. Through interdisciplinary collaboration and through developing model frameworks for both civil commitment and sentencing laws, this program will enable Australia to set the international agenda as to how countries can best respond to the mental health needs of their citizens.Read moreRead less