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: DE190100346
Funder
Australian Research Council
Funding Amount
$409,286.00
Summary
Reforming the Goods and Services Tax. This project aims to respond to the erosion of Australia’s revenue sources by addressing the future of the Goods and Services Tax (GST). The GST taxes less than half of consumer spending and up to $4.5 billion is lost to avoidance and evasion each year. This project expects to generate new knowledge in tax law and policy by using an innovative approach to assess whether possible reform options are viable, sustainable and equitable. Expected outcomes of this ....Reforming the Goods and Services Tax. This project aims to respond to the erosion of Australia’s revenue sources by addressing the future of the Goods and Services Tax (GST). The GST taxes less than half of consumer spending and up to $4.5 billion is lost to avoidance and evasion each year. This project expects to generate new knowledge in tax law and policy by using an innovative approach to assess whether possible reform options are viable, sustainable and equitable. Expected outcomes of this project include the formulation of achievable and defensible options that offer a clear path forward on GST reform. This should provide significant benefits to the community by contributing to a fairer and more sustainable tax system capable of meeting the needs of all Australians.Read moreRead less
Undocumented Migrants- Unearthing Knowledge on a Key Source of Farm Labour. The Australian horticulture industry has endemic labour challenges, both in terms of labour supply challenges and a systemic problem of non-compliance with labour standards. A core component of both problems is the entrenched reliance on undocumented migrants. Given complex supply chains transiting fresh fruit and vegetables from the farm to the consumer, undocumented workers are largely invisible. There is very little ....Undocumented Migrants- Unearthing Knowledge on a Key Source of Farm Labour. The Australian horticulture industry has endemic labour challenges, both in terms of labour supply challenges and a systemic problem of non-compliance with labour standards. A core component of both problems is the entrenched reliance on undocumented migrants. Given complex supply chains transiting fresh fruit and vegetables from the farm to the consumer, undocumented workers are largely invisible. There is very little research on undocumented workers on farms. Addressing this critical Australian and international knowledge gap, this project is the first study to comprehensively analyse the role of undocumented migrants in the horticulture industry from a multi-stakeholder approach, involving government, employers and workers.Read moreRead less
Reclaiming copyright's lost cultural value for authors and the public. This project aims to develop new empirical understandings of the cultural value lost through current approaches to copyright. Copyright rules that favour one party do necessarily need to imply losses for another. By changing the scope and division of rights it is possible to improve outcomes for multiple stakeholders. The project will result in new understanding of how this can be achieved within the confines of an unamendabl ....Reclaiming copyright's lost cultural value for authors and the public. This project aims to develop new empirical understandings of the cultural value lost through current approaches to copyright. Copyright rules that favour one party do necessarily need to imply losses for another. By changing the scope and division of rights it is possible to improve outcomes for multiple stakeholders. The project will result in new understanding of how this can be achieved within the confines of an unamendable treaty framework by exploring fuller protection of authorship as a mechanism for securing a fairer go for creators, unlocking new opportunities for publishers, generating new sources of arts funding and improving access for the public. The project should provide significant benefit by informing law reform debates at domestic and international levels.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
Australian Laureate Fellowships - Grant ID: FL160100136
Funder
Australian Research Council
Funding Amount
$2,841,908.00
Summary
Balancing diversity and social cohesion in democratic constitutions. Balancing diversity and social cohesion in democratic constitutions. This fellowship project aims to address the need to reconcile the tensions between the pursuit of diversity and the promotion of social cohesion. This critical problem becomes increasingly urgent as nations grapple with the challenges of highly diverse multi-cultural societies. The project aims to build a team of researchers who draw on the experience of const ....Balancing diversity and social cohesion in democratic constitutions. Balancing diversity and social cohesion in democratic constitutions. This fellowship project aims to address the need to reconcile the tensions between the pursuit of diversity and the promotion of social cohesion. This critical problem becomes increasingly urgent as nations grapple with the challenges of highly diverse multi-cultural societies. The project aims to build a team of researchers who draw on the experience of constitutionalism throughout the world to investigate how Constitutions, in their design and in their application, can unify while nurturing the diversity appropriate for a complex, modern society. This project is intended to help governments, judiciaries and the public resolve intense controversies over ideals.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE180100279
Funder
Australian Research Council
Funding Amount
$354,205.00
Summary
Work in franchises: searching for solutions at the regulatory frontier. This project aims to provide empirical and theoretical insights into the effective regulation of work-related rights and responsibilities of franchise workers, franchisees and franchisors. By combining comparative doctrinal analysis of labour and competition and consumer laws with mixed methods research, this project will expand our knowledge of the way in which public and private regulatory mechanisms influence the regulato ....Work in franchises: searching for solutions at the regulatory frontier. This project aims to provide empirical and theoretical insights into the effective regulation of work-related rights and responsibilities of franchise workers, franchisees and franchisors. By combining comparative doctrinal analysis of labour and competition and consumer laws with mixed methods research, this project will expand our knowledge of the way in which public and private regulatory mechanisms influence the regulatory behaviour of key stakeholders. This will contribute to the development of a normative framework designed to inform enforcement strategy, policy-making and work quality within franchises.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