Workplace Death and Injury: Re-visiting the Regulatory Impact of Prosecution and Deterrence. The project will be conducted in Australia's two most populous States and falls squarely within the Commonwealth Government's mission of 'promoting good health and well being for all Australians' - one of the key national research priorities. In particular the project supports the specific goal of 'strengthening Australia's social and economic fabric' by examining the role played by legal prosecution o ....Workplace Death and Injury: Re-visiting the Regulatory Impact of Prosecution and Deterrence. The project will be conducted in Australia's two most populous States and falls squarely within the Commonwealth Government's mission of 'promoting good health and well being for all Australians' - one of the key national research priorities. In particular the project supports the specific goal of 'strengthening Australia's social and economic fabric' by examining the role played by legal prosecution of OH&S offences in deterring serious workplace injuries and fatalities. It is anticipated that the results of the project will be used to reduce the heavy costs that current rates of workplace injuries and deaths impose on Australian workers, their families and the national economy. Read moreRead less
Developing a responsive regulatory system for Australia's small corporations. Small corporations employ approximately 50% of Australia's 10.5 million employed persons (ABS: Nov 2007). Promoting and maintaining small corporations is vital to the health of the Australian economy and the well being of society. This research will strengthen Australia's social and economic fabric by identifying, in consultation with regulators, industry leaders, government, the ideal regulatory environment for Aust ....Developing a responsive regulatory system for Australia's small corporations. Small corporations employ approximately 50% of Australia's 10.5 million employed persons (ABS: Nov 2007). Promoting and maintaining small corporations is vital to the health of the Australian economy and the well being of society. This research will strengthen Australia's social and economic fabric by identifying, in consultation with regulators, industry leaders, government, the ideal regulatory environment for Australia's small corporations. A responsive regulatory framework will enable small corporations to conduct business more efficiently and profitably allowing for and creating structures and processes for encouraging and managing innovation creativity in this vital sector.Read moreRead less
Intersections between science and law: the implementation of threatened species legislation in Australia. This project will evaluate the effectiveness of techniques currently used in threatened species legislation in Australia. By combining the skills of experts in law and ecology, we will assess the role of science and scientists in decision-making processes and the extent to which decision-makers apply the precautionary principle when faced with scientific uncertainty. The project will analy ....Intersections between science and law: the implementation of threatened species legislation in Australia. This project will evaluate the effectiveness of techniques currently used in threatened species legislation in Australia. By combining the skills of experts in law and ecology, we will assess the role of science and scientists in decision-making processes and the extent to which decision-makers apply the precautionary principle when faced with scientific uncertainty. The project will analyse the existing legislative techniques and possible alternatives in the context of the current theoretical debate about the respective advantages of reflexive law (which facilitates self-regulation) and top-down command-and-control regulation.Read moreRead less
Non-urban water regulation: next generation compliance & enforcement . This project aims to develop the next generation of regulatory technology in non-urban water compliance and enforcement. Effective technologies are needed to make government regulation more efficient, reduce regulatory burdens and improve compliance with complex laws. This project delivers new ways to optimise regulatory technologies that drive innovation, reduce costs and enhance sustainable water use. Expected outcomes incl ....Non-urban water regulation: next generation compliance & enforcement . This project aims to develop the next generation of regulatory technology in non-urban water compliance and enforcement. Effective technologies are needed to make government regulation more efficient, reduce regulatory burdens and improve compliance with complex laws. This project delivers new ways to optimise regulatory technologies that drive innovation, reduce costs and enhance sustainable water use. Expected outcomes include regulatory guidance strategies and training, advances in applied regulatory theory, and innovative technology tools capturing the complexity of water regulation and supporting decision-making. This will provide public resource savings and ensure fairness and effectiveness of water compliance and enforcement.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE180100577
Funder
Australian Research Council
Funding Amount
$321,983.00
Summary
Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both prac ....Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both practical law reform and theoretical constructions of culpability.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE130100418
Funder
Australian Research Council
Funding Amount
$374,906.00
Summary
Responsibility in criminal law. The principle of criminal responsibility lies at the heart of our criminal justice systems. This project provides a systematic analysis of criminal responsibility in the context of the NSW criminal law. It engages Australian scholarship in, and enhances Australia's contribution to, an important and growing field.
Open justice and open secrets: the cultural afterlife of criminal evidence. This project explores the consequences of using criminal evidence in the cultural field, after the conclusion of the trial. It investigates whether an appropriate regulatory or ethical framework can be developed in response to challenging or controversial re-deployments of this material by artists, curators, journalists, scholars and others.
Construing Statutes: The Interaction between a Statute’s Linguistic Content and Principles of Statutory Interpretation. This project aims to identify the factors that determine what legal effect a statutory provision has; what effect it has on the content of the law; in cases where its legal effect is modified by another legal rule or principle. Such cases are commonplace, but the way in which statutory provisions interact with other legal rules or principles is poorly understood. The outcome of ....Construing Statutes: The Interaction between a Statute’s Linguistic Content and Principles of Statutory Interpretation. This project aims to identify the factors that determine what legal effect a statutory provision has; what effect it has on the content of the law; in cases where its legal effect is modified by another legal rule or principle. Such cases are commonplace, but the way in which statutory provisions interact with other legal rules or principles is poorly understood. The outcome of this project will be a general methodology for construing Australian statutes which can resolve problems that existing methodologies cannot. This will provide much-needed guidance to judges, and will advance our understanding of important legal and political issues concerning the effect that statutory provisions have on the content of the law.Read moreRead less
What is a Document? Evidentiary Challenges in the Digital Age. This project plans to investigate the changing nature and role of documentary evidence in modern Australian litigation. The transformation driven by digital technologies presents challenges to traditional distinctions in the law of evidence. Using case studies, interviews with court officials and legal professionals and observational fieldwork, the project plans to explore methods developed in the fields of information science and th ....What is a Document? Evidentiary Challenges in the Digital Age. This project plans to investigate the changing nature and role of documentary evidence in modern Australian litigation. The transformation driven by digital technologies presents challenges to traditional distinctions in the law of evidence. Using case studies, interviews with court officials and legal professionals and observational fieldwork, the project plans to explore methods developed in the fields of information science and the humanities, where understandings of material cultural in the digital age have advanced rapidly, to examine their potential for law. The project is expected to inform policy development in evidence law so that it remains relevant in the information and cultural economies of the digital age.Read moreRead less
A study of law reform and its responses to rapid social and community change. This research is designed to assist law reform agencies and other bodies charged with ensuring that the law responds to rapid social change to design and implement best practice modes of responding most effectively both to the changing nature of the legal problems that arise in the 21st century and to the changing constituencies that are affected by them. Through three cases studies: family law reform, laws governing ....A study of law reform and its responses to rapid social and community change. This research is designed to assist law reform agencies and other bodies charged with ensuring that the law responds to rapid social change to design and implement best practice modes of responding most effectively both to the changing nature of the legal problems that arise in the 21st century and to the changing constituencies that are affected by them. Through three cases studies: family law reform, laws governing defences to domestic homicide and tort law reform the project will assess the extent to which they are responsive to the concerns of those traditionally excluded from the legal mainstream.Read moreRead less