Discovery Early Career Researcher Award - Grant ID: DE210101055
Funder
Australian Research Council
Funding Amount
$334,775.00
Summary
Public law accountability of outsourced government services. When government officials make decisions that affect a person's interests - eg whether to grant a social security payment or visa - the official must act lawfully, fairly and rationally. If they do not, there are means of review and redress for the affected individual via administrative law. But increasingly, government service delivery is outsourced and review mechanisms are lost. This project will analyse best practice approaches to ....Public law accountability of outsourced government services. When government officials make decisions that affect a person's interests - eg whether to grant a social security payment or visa - the official must act lawfully, fairly and rationally. If they do not, there are means of review and redress for the affected individual via administrative law. But increasingly, government service delivery is outsourced and review mechanisms are lost. This project will analyse best practice approaches to administrative review and redress in different outsourcing contexts. It will generate new knowledge about the operation and effectiveness of redress mechanisms. This will benefit policy-makers and the community by enhancing transparency, fairness and accountability in outsourced decision-making.Read moreRead less
Special Research Initiatives - Grant ID: SR200200550
Funder
Australian Research Council
Funding Amount
$113,075.00
Summary
Citizenship and Claims of Belonging in Australian Law and History. What does it mean legally to ‘be’ an Australian? What role does the law play in shaping theories of belonging to Australia, and concepts of citizenship and Australian nationhood? The Project will address these questions, exploring key constitutional cases in which individual claims to ‘belong’ were the central issue. It will address fundamental issues about the relationship between citizenship and membership of the Australian com ....Citizenship and Claims of Belonging in Australian Law and History. What does it mean legally to ‘be’ an Australian? What role does the law play in shaping theories of belonging to Australia, and concepts of citizenship and Australian nationhood? The Project will address these questions, exploring key constitutional cases in which individual claims to ‘belong’ were the central issue. It will address fundamental issues about the relationship between citizenship and membership of the Australian community, contextualizing these in the social and political culture of their time. Outcomes include a historically grounded understanding of what makes Australian society cohere, and the challenges created at key points in time by shifting and sometimes conflicting legal and social visions of Australian citizenship. Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE220101189
Funder
Australian Research Council
Funding Amount
$444,851.00
Summary
Fast-track Asylum Procedures: Balancing Fairness and Efficiency. Governments around the world are implementing measures to fast-track the processing of asylum claims. This project aims to identify if this can be done in a way that is both fair and efficient. It will use an innovative interdisciplinary approach, which combines doctrinal and empirical methods, to compare and evaluate current laws in Australia, the United States, the United Kingdom and Switzerland. Project outcomes will include evi ....Fast-track Asylum Procedures: Balancing Fairness and Efficiency. Governments around the world are implementing measures to fast-track the processing of asylum claims. This project aims to identify if this can be done in a way that is both fair and efficient. It will use an innovative interdisciplinary approach, which combines doctrinal and empirical methods, to compare and evaluate current laws in Australia, the United States, the United Kingdom and Switzerland. Project outcomes will include evidence-based law reform and policy recommendations to improve the efficiency and quality of Australia’s asylum process. A fair and more efficient asylum process will secure the integrity of Australia's borders and save the government money while ensuring refugees can access protection promptly.Read moreRead less
Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. ....Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. This research will better equip lawyers and policy makers to understand how such strategic litigation strengthens or undermines the rules based order at sea. The project will assist Australia to maintain its leading role in defending that maritime order and the UN Convention on the Law of the Sea as its cornerstone.Read moreRead less
A legal framework for resilient electricity infrastructure in Australia. This project aims to develop a legal and governance framework to enhance the resilience of Australia's electricity infrastructure in a changing climate. Building resilience reduces the total cost of disasters in Australia, a major share of which will come from replacing damaged critical infrastructure, without accounting for climate change impacts. This project aims to develop the legal and governance framework by addressin ....A legal framework for resilient electricity infrastructure in Australia. This project aims to develop a legal and governance framework to enhance the resilience of Australia's electricity infrastructure in a changing climate. Building resilience reduces the total cost of disasters in Australia, a major share of which will come from replacing damaged critical infrastructure, without accounting for climate change impacts. This project aims to develop the legal and governance framework by addressing both the integration of smart technologies and disaster risk reduction measures in the electricity system. This is expected to provide significant economic, social and environmental benefits to Australia.Read moreRead less
Constitutional change in authoritarian regimes: the case of Myanmar. This project aims to understand how and why constitutions change in authoritarian regimes. After decades of authoritarian rule, there is lively public debate about formal amendment of the Myanmar constitution. Based on rigorous qualitative methods including archival research and in-depth interviews, this project expects to investigate why Myanmar's Constitution is both a constraint and an enabler of democratic reform. This time ....Constitutional change in authoritarian regimes: the case of Myanmar. This project aims to understand how and why constitutions change in authoritarian regimes. After decades of authoritarian rule, there is lively public debate about formal amendment of the Myanmar constitution. Based on rigorous qualitative methods including archival research and in-depth interviews, this project expects to investigate why Myanmar's Constitution is both a constraint and an enabler of democratic reform. This timely socio-legal project seeks to inform Australia’s political, economic and cultural engagement with Myanmar as a strategic neighbour in south-east Asia and a new market for foreign investment.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL200100007
Funder
Australian Research Council
Funding Amount
$2,634,900.00
Summary
The Financial Data Revolution: Seizing the Benefits, Controlling the Risks. We are at the beginning of a data revolution. This project aims to make Australia’s legal and regulatory systems fit to deal with the utterly transformative rise of data and its algorithmic analysis. The project will identify reforms to laws and regulatory approaches to reap the benefits and limit the major risks of this transformation. The project’s findings will inform law reforms and changes in regulatory approaches a ....The Financial Data Revolution: Seizing the Benefits, Controlling the Risks. We are at the beginning of a data revolution. This project aims to make Australia’s legal and regulatory systems fit to deal with the utterly transformative rise of data and its algorithmic analysis. The project will identify reforms to laws and regulatory approaches to reap the benefits and limit the major risks of this transformation. The project’s findings will inform law reforms and changes in regulatory approaches and theoretical understandings here and abroad. Findings will underpin reforms which, being largely bipartisan, should enjoy high prospects of implementation. Expected benefits include a substantial lift in economic growth, enhanced cybersecurity, and enhanced protections of consumer and individual rights. Read moreRead less
Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgmen ....Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgments, court transcripts and interviews with prosecutors and defence lawyers, in three Australian jurisdictions. It should produce significant new knowledge about whether existing laws and court room practices are optimally adapted to achieving the important objective of justice for sexual violence victims.
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Discovery Early Career Researcher Award - Grant ID: DE200100243
Funder
Australian Research Council
Funding Amount
$341,590.00
Summary
Employers’ perspective: New understandings of employment law non-compliance. This project aims to generate new empirical and theoretical insights into effective regulation of work, reviewing the significant issue of non-compliance with minimum employment standards. Using an innovative approach examining the neglected employer viewpoint, and combining regulation theory with institutional, market and power perspectives, the project addresses a critical gap in our knowledge of how employment laws o ....Employers’ perspective: New understandings of employment law non-compliance. This project aims to generate new empirical and theoretical insights into effective regulation of work, reviewing the significant issue of non-compliance with minimum employment standards. Using an innovative approach examining the neglected employer viewpoint, and combining regulation theory with institutional, market and power perspectives, the project addresses a critical gap in our knowledge of how employment laws operate. Outcomes are expected to include understanding why some employers breach employment laws while others do not, providing policy recommendations to enhance compliance and, in turn, benefit underpaid workers, compliant employers and the integrity of our laws. The research will have widespread international application.Read moreRead less