A Conceptual History of War Crimes Trials. Promoting justice around the globe is an end in itself as well as a means of avoiding the sort of mass social disruption that threatens the global commonwealth (and, therefore, Australia). It is imperative that this system be exposed to a critical historical analysis. The project will clarify precisely what is at stake in Australia's long commitment to war crimes law and establish Australia as a global centre for international criminal justice at a tran ....A Conceptual History of War Crimes Trials. Promoting justice around the globe is an end in itself as well as a means of avoiding the sort of mass social disruption that threatens the global commonwealth (and, therefore, Australia). It is imperative that this system be exposed to a critical historical analysis. The project will clarify precisely what is at stake in Australia's long commitment to war crimes law and establish Australia as a global centre for international criminal justice at a transformative moment in the history of the international legal order. The specific aim is to write an intellectual history of international law's encounter with the problem of evil and the possibility of rehabilitation and redemption through criminal trial. Read moreRead less
Preventive Detention of High Risk Offenders: The Search for Effective and Legitimate Parameters. This Project will provide Australian policymakers with proposals for the management and treatment of high risk offenders that adopt international best practice standards and which are constitutionally valid and consistent with Australia's international legal obligations. It seeks to help safeguard the community from offenders considered at high risk of causing harm.
Drugs, law and criminal procedure in Southeast Asia: A comparative analysis. Australians accused of major drugs offences in Southeast Asia face very serious penalties, including death or life imprisonment. There is, however, a lack of accurate information in Australia regarding how drugs trials are conducted in the region, let alone detailed knowledge of applicable laws and procedure. There is now an acute need for detailed comparative material on criminal laws and judicial processes in Indonesi ....Drugs, law and criminal procedure in Southeast Asia: A comparative analysis. Australians accused of major drugs offences in Southeast Asia face very serious penalties, including death or life imprisonment. There is, however, a lack of accurate information in Australia regarding how drugs trials are conducted in the region, let alone detailed knowledge of applicable laws and procedure. There is now an acute need for detailed comparative material on criminal laws and judicial processes in Indonesia, Vietnam and Singapore, so better support can be provided both for Australians facing drug-related charges and for Australian governments in developing policies and strategies in response to the issues these trials create.Read moreRead less
Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region. The problem of trafficking in persons and issues of forced migration in the Asia-Pacific region are matters of national concern as they involve the security of the nation and the prevention of organised transnational crime. This project will contribute to the safeguarding of Australia by improving our understanding of the nature of the problem and what legal responses ....Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region. The problem of trafficking in persons and issues of forced migration in the Asia-Pacific region are matters of national concern as they involve the security of the nation and the prevention of organised transnational crime. This project will contribute to the safeguarding of Australia by improving our understanding of the nature of the problem and what legal responses work best in combating trafficking. By specifically focussing on the gaps in the existing law, practice and policy, the project will enable Australia to be a major international leader in this important field.Read moreRead less
International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding ....International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding of the law and policy issues affecting how we treat war crimes and terrorism and by engaging not just with the academic and practitioner community in Australia and internationally, but with government representatives from the Attorney-General's, Foreign Affairs and Defence Departments.Read moreRead less
The Effectiveness of Forensic Science in the Criminal Justice System. Policing plays a major role in combating crime in the community, reassuring and assisting persons affected by crime so that they can continue, or return, to enjoying their lives. Forensic science is increasingly relied upon by law enforcement to solve crime, and by the judicial system to prosecute offenders. However, the value and impact of forensic science has yet to be established. Through a comprehensive examination of fore ....The Effectiveness of Forensic Science in the Criminal Justice System. Policing plays a major role in combating crime in the community, reassuring and assisting persons affected by crime so that they can continue, or return, to enjoying their lives. Forensic science is increasingly relied upon by law enforcement to solve crime, and by the judicial system to prosecute offenders. However, the value and impact of forensic science has yet to be established. Through a comprehensive examination of forensic science usage in the criminal justice system in Victoria and ACT, this research will develop an evidence-based best-practice model for using forensic science efficiently and effectively. This will benefit the Australian community through the achievement of better and more cost effective criminal justice outcomes. Read moreRead less
The Nature of Regulatory Compliance: An Analysis of the Responses of Business Organisations to Constitutive Regulation of Working Relationships. This project examines an under-researched area of vital importance to the effective implementation of workplace regulation. It investigates the way in which business organisations respond to four areas of labour regulation (covering occupational health and safety, unfair dismissal, equal opportunity and harassment). To what extent do these areas of regu ....The Nature of Regulatory Compliance: An Analysis of the Responses of Business Organisations to Constitutive Regulation of Working Relationships. This project examines an under-researched area of vital importance to the effective implementation of workplace regulation. It investigates the way in which business organisations respond to four areas of labour regulation (covering occupational health and safety, unfair dismissal, equal opportunity and harassment). To what extent do these areas of regulation have the capacity to bring about changes in the culture, policies and operating procedures of organisations? What obstacles that impede organisations? attempts to comply with the regulatory requirements? The project will result in the usual academic publications, and workshops for the government agencies administering the legislation involved in the study.Read moreRead less
Adult Sexual Assault: An evidence-based policy, practice and advocacy model for Victoria Police. Sexual violence causes long term health and economic costs. One Australian study estimates the fiscal cost to victims and the community as 230m dollars per year. The trauma of the assault is often compounded by police investigative processes that victims find alienating and demeaning. Eliminating significant barriers to police reporting and creating a more just criminal response is essential. Sexual ....Adult Sexual Assault: An evidence-based policy, practice and advocacy model for Victoria Police. Sexual violence causes long term health and economic costs. One Australian study estimates the fiscal cost to victims and the community as 230m dollars per year. The trauma of the assault is often compounded by police investigative processes that victims find alienating and demeaning. Eliminating significant barriers to police reporting and creating a more just criminal response is essential. Sexual assault is recognised globally as a Human Rights issue that is receiving increasing attention by governments in Australia. This project will result in the implementation of a policing model that advances the rights and welfare of victims therefore contributing an important step in ameliorating some of the documented health consequences.
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People with Mental Health Disorders and Cognitive Disabilities in the Criminal Justice System. Over 40 000 people are imprisoned in Australia each year, almost half of them in NSW. 40% males and 60% females involved in the NSW CJS have a MHD or CD with many having a dual diagnosis. The appropriateness of the arrest and imprisonment of many people with MHDCD is currently of serious public, social and professional concern. Interventions are hampered by lack of an overall and longitudinal appreciat ....People with Mental Health Disorders and Cognitive Disabilities in the Criminal Justice System. Over 40 000 people are imprisoned in Australia each year, almost half of them in NSW. 40% males and 60% females involved in the NSW CJS have a MHD or CD with many having a dual diagnosis. The appropriateness of the arrest and imprisonment of many people with MHDCD is currently of serious public, social and professional concern. Interventions are hampered by lack of an overall and longitudinal appreciation of the CJS's impact upon and interaction with such people.This study will provide integrated information for the first time in Australia and give CJS and human service agencies a coherent picture of the involvement of people with MHDCD in the CJS, which will assist development of new interventions to address duty of care and human rights.Read moreRead less
Chinese firewalls: the death penalty and the people's war on drugs along China's borders. Drug trafficking in and out of China is now a major concern for Australia and the region. Moreover, the transnational nature of trafficking crimes means that international cooperation in law enforcement is increasingly common. Understanding how Chinese agencies deal with serious drug crime is important for agencies such as the Australian Federal Police. In addition to this, Australia has established a bi-la ....Chinese firewalls: the death penalty and the people's war on drugs along China's borders. Drug trafficking in and out of China is now a major concern for Australia and the region. Moreover, the transnational nature of trafficking crimes means that international cooperation in law enforcement is increasingly common. Understanding how Chinese agencies deal with serious drug crime is important for agencies such as the Australian Federal Police. In addition to this, Australia has established a bi-lateral human rights dialogue with China. Understanding how Chinese courts punish drug crime using the death penalty will enhance Australia's ability to engage with and respond to key issues in law and human rights in the region.Read moreRead less