Coherent, independent and user-friendly? Participant perceptions of social security administrative review processes in Australia and Britain. The capacity to exercise rights associated with citizenship, and to participate meaningfully in community life, is significantly affected by access to financial security and by community confidence in the independence and fairness of systems of entitlement review. This research will examine recent developments in Australian social security review mechanism ....Coherent, independent and user-friendly? Participant perceptions of social security administrative review processes in Australia and Britain. The capacity to exercise rights associated with citizenship, and to participate meaningfully in community life, is significantly affected by access to financial security and by community confidence in the independence and fairness of systems of entitlement review. This research will examine recent developments in Australian social security review mechanisms, in both policy and practice. It is of national significance as it will demonstrate the extent to which statutory objectives of fairness, comprehensibility and accessibility are achieved, particularly from the perspectives of participants in appeals. The research has critical implications for legislation, policy and practice in administrative law and tribunal practice. Read moreRead less
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
Testing Court Reform Projects in Cambodia and Vietnam. Financial assistance for court reform projects in ASEAN countries is among Australia's foreign aid priorities, consuming highly sought-after aid dollars. This research will make recommendations aimed at increasing the efficacy of aid-assisted court reform projects. By paying particular attention to indigenous perspectives of successes and failures of such projects, the research will contribute to Australia's understanding of the legal and ju ....Testing Court Reform Projects in Cambodia and Vietnam. Financial assistance for court reform projects in ASEAN countries is among Australia's foreign aid priorities, consuming highly sought-after aid dollars. This research will make recommendations aimed at increasing the efficacy of aid-assisted court reform projects. By paying particular attention to indigenous perspectives of successes and failures of such projects, the research will contribute to Australia's understanding of the legal and judicial contexts in two of its Southeast Asian neighbours. The research will inform Australia's aid investments in Cambodia and Vietnam, the region and internationally. It will enhance Australia's ability to achieve more effective design, implementation and evaluation of court-related aid interventions. Read moreRead less
The Neo-Liberal Legal Academy. Profound changes are occurring in the character of Australian public universities, particularly in respect of the commodification of education, of which no study has yet been undertaken. Using the discipline of law as a case study, this project proposes to study the ramifications of change with particular regard to legal academics, legal education and the constitution of legal knowledge. While the main focus will be directed to the Australian legal academy, compari ....The Neo-Liberal Legal Academy. Profound changes are occurring in the character of Australian public universities, particularly in respect of the commodification of education, of which no study has yet been undertaken. Using the discipline of law as a case study, this project proposes to study the ramifications of change with particular regard to legal academics, legal education and the constitution of legal knowledge. While the main focus will be directed to the Australian legal academy, comparisons will be effected with New Zealand, Canada and the United Kingdom which evince similar trends. The study is expected to remedy a lacuna in knowledge and to inform higher education policy.Read moreRead less
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
The Management of the Assets of Older People: Prevalence, practices, preferences and responses. Industry partners with the investigators, have identified the need for foundation knowledge about asset management by and on behalf of older people. The current environment of changing legislation and demography, and the extent of the assets held offer new challenges to older people, families, public and private asset managers and substitute decision makers. This study identifies the prevalence of ass ....The Management of the Assets of Older People: Prevalence, practices, preferences and responses. Industry partners with the investigators, have identified the need for foundation knowledge about asset management by and on behalf of older people. The current environment of changing legislation and demography, and the extent of the assets held offer new challenges to older people, families, public and private asset managers and substitute decision makers. This study identifies the prevalence of asset management; the experiences of older people and their asset managers; the nature and disposition of disputed matters; the operationalisation of public and private sector asset management policies. The results will be used to develop appropriate and targeted responses to promote good practice and prevent finanical abuse.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 Impact of ACCC Enforcement Action: Evaluating the explanatory and normative power of responsive regulation and responsive law. The project will enhance the capacity of the ACCC and other business regulators to ethically and effectively regulate to achieve the goals of regulatory policy such as a fair, competitive economy, occupational health and safety, and environmental integrity. Australia is already well recognised as a leader in ambitious empirical and policy-oriented social science rese ....The Impact of ACCC Enforcement Action: Evaluating the explanatory and normative power of responsive regulation and responsive law. The project will enhance the capacity of the ACCC and other business regulators to ethically and effectively regulate to achieve the goals of regulatory policy such as a fair, competitive economy, occupational health and safety, and environmental integrity. Australia is already well recognised as a leader in ambitious empirical and policy-oriented social science research on regulatory compliance (through the ARC funded Governance Network including RegNet at ANU). This project will enhance that reputation with the most comprehensive data set on the corporate compliance impact of enforcement action and fundamental re-thinking of foundational theoretical questions about the nature and capacities of regulation.Read moreRead less
The ART of making babies: How human embryo research and assisted reproduction are regulated in Australia and New Zealand. Scientific breakthroughs in the past 25 years have made it possible for people to receive assistance to conceive when they would otherwise remain childless. Access to assisted reproductive technologies is governed by different regulatory frameworks in the states and territories of Australia. We will clarify how clinical practice, service delivery and medical research are in ....The ART of making babies: How human embryo research and assisted reproduction are regulated in Australia and New Zealand. Scientific breakthroughs in the past 25 years have made it possible for people to receive assistance to conceive when they would otherwise remain childless. Access to assisted reproductive technologies is governed by different regulatory frameworks in the states and territories of Australia. We will clarify how clinical practice, service delivery and medical research are influenced by the differing regulatory frameworks. The research will be of national significance to policy makers and legislators and to potential beneficiaries of infertility services and will assist communities to understand how and why these important areas of human concern are regulated. Read moreRead less