The Legal Function of Serious Disability in Prenatal and Neonatal Health Care Settings. Increasing numbers of Australians are using prenatal testing technologies to avoid having a disabled child. Australians also have access to a range of sophisticated life-sustaining technologies for premature newborns and seriously imperiled infants. Legal guidance on the appropriate uses of these technologies is piecemeal and inconsistent across Australia's States and Territories, and the meaning of serious ....The Legal Function of Serious Disability in Prenatal and Neonatal Health Care Settings. Increasing numbers of Australians are using prenatal testing technologies to avoid having a disabled child. Australians also have access to a range of sophisticated life-sustaining technologies for premature newborns and seriously imperiled infants. Legal guidance on the appropriate uses of these technologies is piecemeal and inconsistent across Australia's States and Territories, and the meaning of serious disability varies amongst members of the community. This project will benefit Australians by providing greater consistency in decision-making about disability. This will be achieved by assessing the value of a uniform framework for governing legal responses to serious disability in the context of reproduction.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
Mental Health Tribunals: Balancing fairness, freedom, protection and right to treatment? In determining treatment options for mentally ill people, mental health tribunals must balance the person's right to treatment with rights to safety, justice and freedom from coercion. Much studied overseas, Australia lacks information about the 'fairness' of hearings. Applying popular 'therapeutic jurisprudence' literature, this project studies the impacts of hearings in 3 diverse Australian jurisdiction ....Mental Health Tribunals: Balancing fairness, freedom, protection and right to treatment? In determining treatment options for mentally ill people, mental health tribunals must balance the person's right to treatment with rights to safety, justice and freedom from coercion. Much studied overseas, Australia lacks information about the 'fairness' of hearings. Applying popular 'therapeutic jurisprudence' literature, this project studies the impacts of hearings in 3 diverse Australian jurisdictions (NSW, Vic & ACT). It uses field observations, interviews and file reviews to isolate best practice reforms. Broader than overseas work, it assesses the actual and perceived fairness of hearings, and the therapeutic outcomes for patients. As in Britain, the project will inform legislative reform and tribunal practices.Read moreRead less
Managing Conflict in Higher Education. Disputes in Australian universities attract extensive publicity that damages the national and international reputation of Australian universities in the local and global marketplace. Litigation and other costs amount to millions of dollars. This money could be better spent on universities' core business of teaching and research. This project will use new developments in alternative dispute resolution to help Australian universities resolve disputes more eff ....Managing Conflict in Higher Education. Disputes in Australian universities attract extensive publicity that damages the national and international reputation of Australian universities in the local and global marketplace. Litigation and other costs amount to millions of dollars. This money could be better spent on universities' core business of teaching and research. This project will use new developments in alternative dispute resolution to help Australian universities resolve disputes more effectively. It will focus on methods of resolving disputes that save costs but are also appropriate for disputes involving important issues such as academic freedom. Read moreRead less
Sentencing Indigenous offenders of partner violence: A fundamental comparative analysis of Indigenous sentencing courts and specialist family violence courts. Courts are often used for rehabilitating offenders, however, there is usually little thought and planning put into the development of court processes so that they can achieve their goals. Since specialist courts are being used to sentence Indigenous offenders of partner violence it is important to make the court experience more meaningfu ....Sentencing Indigenous offenders of partner violence: A fundamental comparative analysis of Indigenous sentencing courts and specialist family violence courts. Courts are often used for rehabilitating offenders, however, there is usually little thought and planning put into the development of court processes so that they can achieve their goals. Since specialist courts are being used to sentence Indigenous offenders of partner violence it is important to make the court experience more meaningful for such offenders so that a reduction of violence in Indigenous communities can begin to occur. The economic and social benefits of reducing violence have direct effects on the individuals affected, and wider, long-term effects on generating more harmonious and cohesive Indigenous families and communities. 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
Cultural Collections, Creators and Copyright: Museums, Galleries, Libraries and Archives and Australia's Digital Heritage. This project investigates current and emerging ways of using digital collections in museums, galleries, libraries and archives, in light of copyright law and the interests of creators. It serves the strong public interest in facilitating digital access to collections while efficiently managing copyright. Exploiting the potential of digital media and maximising Australia's cr ....Cultural Collections, Creators and Copyright: Museums, Galleries, Libraries and Archives and Australia's Digital Heritage. This project investigates current and emerging ways of using digital collections in museums, galleries, libraries and archives, in light of copyright law and the interests of creators. It serves the strong public interest in facilitating digital access to collections while efficiently managing copyright. Exploiting the potential of digital media and maximising Australia's creative capability both depend on providing adequate incentives for content production while granting access to creative material as a resource for new production. The project will assist Australia better manage its digital cultural collections and balance the interests of creators, institutions and public accessibility.Read moreRead less
Ethics and Regulation in the Information and Communications Technology (ICT) Industry. The broad aim of this project is to provide a comprehensive analysis of the current integrity system of the ICT industry, that is, the ethical standards and goals, accountability and disciplinary mechanisms and preventative and promotional processes, eg. ethics training, reduced opportunity for inappropriate behaviour, and to define a new integrity system including standards of professional competency and ethi ....Ethics and Regulation in the Information and Communications Technology (ICT) Industry. The broad aim of this project is to provide a comprehensive analysis of the current integrity system of the ICT industry, that is, the ethical standards and goals, accountability and disciplinary mechanisms and preventative and promotional processes, eg. ethics training, reduced opportunity for inappropriate behaviour, and to define a new integrity system including standards of professional competency and ethical conduct, and a regulatory model applicable to the whole industry. As ICT becomes ever more ubiquitous, it is vital that a comprehensive and integrated system is developed that recognises the requirements of the ICT industry, the profession and business organisations.Read moreRead less
Ethics, Regulation and the Professionalisation of Occupations. This project, which involves collaboration between the Professional Standards Council and the Centre for Applied Philosophy and Public Ethics, aims to understand how best to promote high ethical standards in a range of 'professionalising' occupations. Among the key concerns of the project are the relation between self-regulation and other forms of regulation, including 'meta-regulation'; and the ethical issues facing professionals op ....Ethics, Regulation and the Professionalisation of Occupations. This project, which involves collaboration between the Professional Standards Council and the Centre for Applied Philosophy and Public Ethics, aims to understand how best to promote high ethical standards in a range of 'professionalising' occupations. Among the key concerns of the project are the relation between self-regulation and other forms of regulation, including 'meta-regulation'; and the ethical issues facing professionals operating in large organisations. This project involves innovative work in 'applied philosophy', extending current understanding of professional ethics, particularly in the Australian setting, with important economic and social benefits to consumers and the broader society.Read moreRead less
Repeated questions in children's event recall: Testing competing explanations. One of the threats to a healthy start in life for Australian children, and one which imposes substantial financial and emotional cost on the Australian community, is child abuse and neglect. This project addresses a key stumbling block in obtaining evidence from child victims/witnesses - their tendency to give inconsistent testimony under repeated questioning. It seeks to understand the conditions under which inconsis ....Repeated questions in children's event recall: Testing competing explanations. One of the threats to a healthy start in life for Australian children, and one which imposes substantial financial and emotional cost on the Australian community, is child abuse and neglect. This project addresses a key stumbling block in obtaining evidence from child victims/witnesses - their tendency to give inconsistent testimony under repeated questioning. It seeks to understand the conditions under which inconsistency is minimized, as a basis for developing empirically and theoretically based ways to optimise the accuracy and legal utility of children's testimony. Read moreRead less