Regulation and social capital. This project looks at regulation from the perspective of regulators and regulated communities. It seeks an account of regulatory implementation that is most likely to produce respectful, cooperative and effective engagement between authorities and the public.
A Federation of cultures? Innovative approaches to multicultural accommodation. This project examines how state and federal governments can better protect and support the values, beliefs and cultural practices of different cultural and religious groups, especially in matters concerning family life, community identity and freedom of conscience, within a framework of respect for human rights.
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
Public Law Implications of Treaty Between Indigenous and Non-Indigenous Australians. Australia is the only Commonwealth country that has never signed an official treaty with its Indigenous peoples. It is not surprising then that a treaty between Indigenous and non-Indigenous Australians has been cited as a goal of the reconciliation process by bodies including the Council for Aboriginal Reconciliation. Unfortunately, there has been little academic examination of the merits or content of a treaty ....Public Law Implications of Treaty Between Indigenous and Non-Indigenous Australians. Australia is the only Commonwealth country that has never signed an official treaty with its Indigenous peoples. It is not surprising then that a treaty between Indigenous and non-Indigenous Australians has been cited as a goal of the reconciliation process by bodies including the Council for Aboriginal Reconciliation. Unfortunately, there has been little academic examination of the merits or content of a treaty, or of how a treaty might be accommodated within Australia's constitutional structure. With the benefit of comparative analysis, this project will provide a scholarly investigation of the role that a treaty could play under Australian law.Read moreRead less
Juror confidence in justice: democratic participation or deference to authority? Australia will be better protected from terrorism and crime if its justice system has the confidence of its citizens. Currently it does not. Without such confidence, justice offers neither a credible deterrent nor a protector of rights. Courts are typically designed and run using a hierarchical model of authority, while new therapeutic and restorative approaches make justice processes more democratic. There is litt ....Juror confidence in justice: democratic participation or deference to authority? Australia will be better protected from terrorism and crime if its justice system has the confidence of its citizens. Currently it does not. Without such confidence, justice offers neither a credible deterrent nor a protector of rights. Courts are typically designed and run using a hierarchical model of authority, while new therapeutic and restorative approaches make justice processes more democratic. There is little evidence of how either of these impacts on justice for participants. Understanding the process by which people develop trust during one critical adjudicative process, the jury trial, will allow juries, and other forms of lay decision-making in judicial processes, to be used more effectively in the justice system.Read moreRead less
The role of community sponsorship for refugee resettlement in Australia . This Project aims to conduct the first large-scale comparative study of community or private sponsorship of refugee resettlement in Australia and other jurisdictions. It will generate ground-breaking insights into Australia’s role historically in community sponsorship of refugee resettlement and identify the legal and policy background of current successful community sponsorship programs. Expected outcomes include clarity ....The role of community sponsorship for refugee resettlement in Australia . This Project aims to conduct the first large-scale comparative study of community or private sponsorship of refugee resettlement in Australia and other jurisdictions. It will generate ground-breaking insights into Australia’s role historically in community sponsorship of refugee resettlement and identify the legal and policy background of current successful community sponsorship programs. Expected outcomes include clarity and policy guidance about how community or private sponsorship is understood, conceived and implemented globally; and better knowledge about the motives of community sponsors. This Project will position Australia as a world leader in practice and research on community or private sponsorship for refugee resettlement. Read moreRead less
Understanding Statelessness in Australian Law and Practice. This project aims to undertake the first comprehensive study of stateless persons in Australia. It will generate groundbreaking insights into Australia’s role historically in protecting stateless persons, and identify the protection needs of stateless persons in Australia today. Expected outcomes include improving the quality of Australian administrative decision-making, and making an important scholarly contribution to an emerging area ....Understanding Statelessness in Australian Law and Practice. This project aims to undertake the first comprehensive study of stateless persons in Australia. It will generate groundbreaking insights into Australia’s role historically in protecting stateless persons, and identify the protection needs of stateless persons in Australia today. Expected outcomes include improving the quality of Australian administrative decision-making, and making an important scholarly contribution to an emerging area of international law. The project will improve public administration, develop Australia’s reputation as a leader in statelessness law and policy, and position Australia as a core node of expertise on an important issue that has implications for the rule of law, security and social cohesion in our region.Read moreRead less
Towards Development of a Legal Framework for Regulation of International Marriage Migration. This project identifies gaps and inconsistencies in the legal frameworks which apply to the regulation of international marriage migration in the laws of ‘origin’ states such as Cambodia and Vietnam, and those of ‘destination’ states in East and Southeast Asia in relation to key concepts such as the purpose of marriage, the role of ‘the family’, the rights of women and of children born to such unions, an ....Towards Development of a Legal Framework for Regulation of International Marriage Migration. This project identifies gaps and inconsistencies in the legal frameworks which apply to the regulation of international marriage migration in the laws of ‘origin’ states such as Cambodia and Vietnam, and those of ‘destination’ states in East and Southeast Asia in relation to key concepts such as the purpose of marriage, the role of ‘the family’, the rights of women and of children born to such unions, and their citizenship and nationality. It will develop an analytical framework as the basis of a proposal for an international instrument to regulate international marriage migration.Read moreRead less
The court as archive: rethinking the institutional role of federal superior courts of record. This project examines the institutional role of federal superior courts of record to ground an analysis of their responsibilities as curators of a significant national archive. It will provide principles for the administration of court records that respond to the competing legal and civic demands of contemporary Australian society.