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
Gauging informed public opinion on sentencing sex offenders: a national study. Sex offences appear to attract the greatest community condemnation and desire to punish, particularly when involving predatory stranger rapists or when the victims are children. This national study aims to ascertain informed public opinion on sex offender sentencing by exploring the views of jurors in sex offence trials in all higher courts in Australia.
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
Climate change law and mitigation: forest carbon sequestration and Indigenous and local community rights. The project examines the impact of climate change law and mitigation on Indigenous peoples and local forest communities in Australia, India and Malaysia. It examines the United Nations - Reducing Emissions from Deforestation and Forest Degradation scheme which gives credits for carbon sequestration in forests thus providing financial incentives to avoid deforestation for communities in sensi ....Climate change law and mitigation: forest carbon sequestration and Indigenous and local community rights. The project examines the impact of climate change law and mitigation on Indigenous peoples and local forest communities in Australia, India and Malaysia. It examines the United Nations - Reducing Emissions from Deforestation and Forest Degradation scheme which gives credits for carbon sequestration in forests thus providing financial incentives to avoid deforestation for communities in sensitive ecosystems.Read moreRead less
The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the p ....The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the project will provide a solid basis for shifting the prevailing focus on parents’ needs in application of the law toward more child-responsive parenting arrangements. This new knowledge will support parents and professionals to achieve child-responsive approaches to post-separation parenting arrangements, reducing potentially adverse impacts of parental separation on children, and benefitting children, families and the community.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE120100062
Funder
Australian Research Council
Funding Amount
$330,000.00
Summary
The Australasian Legal History Library: Creating historical depth in legal data on AustLII, to improve all legal research. The Australasian Legal History Library, to be located for free access on AustLII, will provide comprehensive legislation and case law from all colonies (subsequently Australian States, Territories or New Zealand) up to 1950. Its citator will show how these historical materials are used in current legal decisions. It will be a revolution for legal history research.
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE210100043
Funder
Australian Research Council
Funding Amount
$539,000.00
Summary
The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform r ....The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform reports on AustLII to promote a greater understanding of how the balance is struck between inquisitorial fact-finding and the right to procedural fairness of participants and of how justice is delivered through the inquiry function of public bodies.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE0882782
Funder
Australian Research Council
Funding Amount
$169,776.00
Summary
The Australian Legal Scholarship Library - enhancing research infrastructure for Australian law. It is difficult to find Australian legal scholarship of the last 50 years because too little of it is available online or searchable from any central location. The Australian Legal Scholarship Library, located on AustLII, will remedy that by creating a comprehensive repository for Australian academic and non-profit law journals, law school repositories for all of their new scholarship no matter whe ....The Australian Legal Scholarship Library - enhancing research infrastructure for Australian law. It is difficult to find Australian legal scholarship of the last 50 years because too little of it is available online or searchable from any central location. The Australian Legal Scholarship Library, located on AustLII, will remedy that by creating a comprehensive repository for Australian academic and non-profit law journals, law school repositories for all of their new scholarship no matter where it is eventually published, and smart methods of finding how legal documents relate to each other. People researching Australian law, whether for business, academic or community purposes, will benefit from better access to this wealth of expertise.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