Law, order and federalism in Australia. In a series of recent cases the High Court has emphasised the constitutional imperatives of judicial independence and impartiality in State court systems. These developments provide minimum human rights protections to individuals confronting criminal justice in the States. But what has not been considered is the cost of these developments. This project will investigate the uncertainty of the constitutional restrictions confronting State governments when re ....Law, order and federalism in Australia. In a series of recent cases the High Court has emphasised the constitutional imperatives of judicial independence and impartiality in State court systems. These developments provide minimum human rights protections to individuals confronting criminal justice in the States. But what has not been considered is the cost of these developments. This project will investigate the uncertainty of the constitutional restrictions confronting State governments when responding to law and order priorities, and the extent to which these have led to the frustration of policy development and experimentation across the Australian federation.Read moreRead less
Investigating memory reliability in intoxicated witnesses of crime. Eyewitness testimony is a crucial piece of evidence for solving a crime. Inaccurate testimony leads to miscarriages of justice such as failed prosecutions or false convictions. Many witnesses and victims are affected by alcohol or other drugs during the crime. This project brings together a multidisciplinary team aiming to improve understanding of how intoxication with different substances affects the reliability of victim and w ....Investigating memory reliability in intoxicated witnesses of crime. Eyewitness testimony is a crucial piece of evidence for solving a crime. Inaccurate testimony leads to miscarriages of justice such as failed prosecutions or false convictions. Many witnesses and victims are affected by alcohol or other drugs during the crime. This project brings together a multidisciplinary team aiming to improve understanding of how intoxication with different substances affects the reliability of victim and witness memory accuracy. Crucially, crimes are frequently distressing; therefore the interaction between intoxication and stress urgently requires exploration. This project will significantly advance our understanding of key mechanisms behind drug effects on memory, and support fairer judicial outcomes for all. Read moreRead less
Analysing interactions within the criminal deportation system. This project aims to investigate the convergence of migration control and criminal justice by analysing pathways to criminal deportation. The project expects to generate new criminological understandings of deportation as a means of promoting community safety using interdisciplinary approaches that capture regional and metropolitan practice. Expected outcomes include knowledge of how information flows between migration control and cr ....Analysing interactions within the criminal deportation system. This project aims to investigate the convergence of migration control and criminal justice by analysing pathways to criminal deportation. The project expects to generate new criminological understandings of deportation as a means of promoting community safety using interdisciplinary approaches that capture regional and metropolitan practice. Expected outcomes include knowledge of how information flows between migration control and criminal justice agencies, and the implications for policing, courts, and prison administration. This should provide significant benefits for policy-makers and practitioners, by articulating emerging and unexplored practices that have major consequences for community safety, social cohesion and the rule-of-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 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.
Shaping International Law in Global Transformations: Australian Experiences. This project aims to examine how Australia influences the development of international law in times of global transformation. The project proposes to develop a new analytical framework to understand how and why Australia has succeeded (or failed) in shaping the development of international law in four key periods of global transformation. Expected outcomes include empirical studies evaluating how, why and to what extent ....Shaping International Law in Global Transformations: Australian Experiences. This project aims to examine how Australia influences the development of international law in times of global transformation. The project proposes to develop a new analytical framework to understand how and why Australia has succeeded (or failed) in shaping the development of international law in four key periods of global transformation. Expected outcomes include empirical studies evaluating how, why and to what extent Australians managed to shape international law during these periods. These outcomes should provide benefits in the form of evidence-based proposals to enhance Australia's capacity to influence the development of international law in times of global transformation. Read moreRead less
Enhancing Reproductive Opportunity in Australia: Reconsidering Consent, Altruism and the Legal Status of Embryos in ART Processes. This project meets the national research priority of a healthy start to life by enhancing reproductive opportunity while safeguarding the rights and interests of all involved in reproduction with donor gametes. This research will create significant national benefits in the form of an up to date, practical and coherent platform for the reform of all aspects of embryo ....Enhancing Reproductive Opportunity in Australia: Reconsidering Consent, Altruism and the Legal Status of Embryos in ART Processes. This project meets the national research priority of a healthy start to life by enhancing reproductive opportunity while safeguarding the rights and interests of all involved in reproduction with donor gametes. This research will create significant national benefits in the form of an up to date, practical and coherent platform for the reform of all aspects of embryo and gamete donation and embryo disputes. We propose a pro-active consultative model that centres the needs and experiences of gamete and embryo donors and recipients. Our research will inform current and future modes of regulation of gamete and embryo donation and dispute resolution, including legislation, ethics guidelines and codes of practice.Read moreRead less
Benefiting from injustice. This project argues that people can acquire duties to compensate victims of injustice when they benefit from these injustices, even when they neither caused the injustices nor could have prevented them. We explore the implications of this argument for the treatment of colonised peoples, and for policies on climate change and international trade.
Sexual Offences, Legal Responses and Public Perceptions: 1880s-1980s. Testimony of sexual abuse before the current Royal Commission has exposed the historic neglect and cover-up of institutional offences. Yet, to unearth the deeper and wider dimensions of sexual offending requires scholarly historical analysis. This project aims to use qualitative and quantitative analysis to track how and why certain forms of sexual behaviour sparked public concern and provoked legal responses and public inquir ....Sexual Offences, Legal Responses and Public Perceptions: 1880s-1980s. Testimony of sexual abuse before the current Royal Commission has exposed the historic neglect and cover-up of institutional offences. Yet, to unearth the deeper and wider dimensions of sexual offending requires scholarly historical analysis. This project aims to use qualitative and quantitative analysis to track how and why certain forms of sexual behaviour sparked public concern and provoked legal responses and public inquiries from the 1880s to the 1980s. The systematic examination of these patterns through archival and published documents is intended to test the relation between shifting community and political concerns and the conduct of criminal trials.Read moreRead less