The law of deliberative democracy: theory and reform. Deliberation is essential to the health of electoral and representative democracy. This project will evaluate and recommend the reform of the law underpinning democratic politics in Australia, to enhance its deliberative quality.
England's obedient servant? The history of Australian tort law, 1901-1945. Did Australian courts develop an Australian law of tort between federation and the Second World War despite the confines of being bound formally or informally by English precedent? Australian courts may have been more creative and independent and less subservient to England than previously thought.
Australia's first bill of rights: Assessing the impact of the Australian Capital Territory's Human Rights Act. The ACT is about to adopt Australia's first bill of rights, the ACT Human Rights Act. This project will document and analyse the implementation of this historic law through its effect on executive and legislative policy and its interpretation by the judicial system. It will also develop a framework for assessing the regulatory impact of bills of rights generally. The project will gen ....Australia's first bill of rights: Assessing the impact of the Australian Capital Territory's Human Rights Act. The ACT is about to adopt Australia's first bill of rights, the ACT Human Rights Act. This project will document and analyse the implementation of this historic law through its effect on executive and legislative policy and its interpretation by the judicial system. It will also develop a framework for assessing the regulatory impact of bills of rights generally. The project will generate monitoring information for the Industry Partner, publicly accessible information for researchers and policy makers and contribute to the scholarly debate about the significance of bills of rights.Read moreRead less
Protecting economic, social and cultural Rights in the ACT: models, methods and impact. This project will generate new thinking on the protection of economic, social and cultural rights. It will develop impact assessment frameworks and protocols for the assessment of compliance with these rights. The project will benefit not only the ACT by informing consideration of the inclusion of economic, social and cultural rights in the ACT Human Rights Act, but also other Australian jurisdictions' deli ....Protecting economic, social and cultural Rights in the ACT: models, methods and impact. This project will generate new thinking on the protection of economic, social and cultural rights. It will develop impact assessment frameworks and protocols for the assessment of compliance with these rights. The project will benefit not only the ACT by informing consideration of the inclusion of economic, social and cultural rights in the ACT Human Rights Act, but also other Australian jurisdictions' deliberations over bills of rights, including consideration of a national bill. Other benefits include training students and informing Australia's engagement with the UN on an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE180100599
Funder
Australian Research Council
Funding Amount
$363,487.00
Summary
Regulation and governance for Indigenous welfare. This project aims to study three welfare delivery programs that particularly impact upon Indigenous peoples. Indigenous welfare recipients living in remote Australia are subject to regulatory frameworks that make social security payments contingent on meeting conditions, with significant penalties for non-compliance with program requirements. The goal is to examine the regulation and governance that underpin these three programs. The intended out ....Regulation and governance for Indigenous welfare. This project aims to study three welfare delivery programs that particularly impact upon Indigenous peoples. Indigenous welfare recipients living in remote Australia are subject to regulatory frameworks that make social security payments contingent on meeting conditions, with significant penalties for non-compliance with program requirements. The goal is to examine the regulation and governance that underpin these three programs. The intended outcome is to identify social security principles and policies that are likely to work best in improving the welfare of Indigenous peoples while benefiting the delivery of social security in Australia and beyond.Read moreRead less
States, Coalitions and Climate Change Governance. Australia will suffer a greater adverse effect from climate change than most other developed countries, yet it is also placed to do well as part of an effective global mitigation effort. The success of this mitigation effort will be crucially dependent on the co-operation of lead states. This project analyses the dynamics of climate change co-operation. It will have national benefit in helping Australia to understand the emerging coalitions that ....States, Coalitions and Climate Change Governance. Australia will suffer a greater adverse effect from climate change than most other developed countries, yet it is also placed to do well as part of an effective global mitigation effort. The success of this mitigation effort will be crucially dependent on the co-operation of lead states. This project analyses the dynamics of climate change co-operation. It will have national benefit in helping Australia to understand the emerging coalitions that will shape the future of climate change and how Australia might best mediate its influence internationally in order to secure effective climate change mitigation.Read moreRead less
Compliance and enforcement of non-urban water extraction in New South Wales. This project will examine the compliance and enforcement practices of regulators and regulated communities in the water context. Results will provide legal and policy guidance to reshape compliance and enforcement strategies to effectively and efficiently enhance the legitimacy of water law, protect water resources and prevent overuse.
Discovery Early Career Researcher Award - Grant ID: DE170101536
Funder
Australian Research Council
Funding Amount
$346,000.00
Summary
Regulation and governance for the sustainable management of groundwater. This project aims to manage groundwater through analysing six national and international case studies. Groundwater management in Australia confronts a multi-dimensional crisis stemming from neglect, over-allocations and policy mismanagement. Overcoming this will require a transformation in the regulation and governance of groundwater. The project’s findings are expected to advance regulation and governance empirical theory, ....Regulation and governance for the sustainable management of groundwater. This project aims to manage groundwater through analysing six national and international case studies. Groundwater management in Australia confronts a multi-dimensional crisis stemming from neglect, over-allocations and policy mismanagement. Overcoming this will require a transformation in the regulation and governance of groundwater. The project’s findings are expected to advance regulation and governance empirical theory, normative and applied theory and provide policy solutions for sustainable groundwater management within a pluralistic governance model. This is significant and timely given planned policy reviews in the Murray Darling Basin, the effect of climate change and plans to develop agriculture in Northern Australia.Read moreRead less
The New Collaborative Environmental Governance: Natural Resource Management in Australia. This project will evaluate the new regional natural resource management arrangements that have been established across Australia. The project outcomes will enable policy-makers nationally to identify opportunities for innovative policies and programs which can achieve better results for the environment (reducing environmental degradation), and for the economy (reducing costs to rural industries and to regul ....The New Collaborative Environmental Governance: Natural Resource Management in Australia. This project will evaluate the new regional natural resource management arrangements that have been established across Australia. The project outcomes will enable policy-makers nationally to identify opportunities for innovative policies and programs which can achieve better results for the environment (reducing environmental degradation), and for the economy (reducing costs to rural industries and to regulators) while substantially increasing effective community participation. The project will also provide principles with the potential to reshape environmental strategy and establish Australia as a leader in collaborative environmental governance internationally.Read moreRead less
Preventing and addressing environmental harm through restorative justice. This project aims to develop a knowledge base on how Restorative Justice (RJ) principles and practices can prevent and address environmental harm. Research has demonstrated that RJ is a powerful response to a wide variety of governance challenges and could provide a useful alternative paradigm for environmental regulation. This project aims to apply the processes and values of RJ to environmental regulation with a focus on ....Preventing and addressing environmental harm through restorative justice. This project aims to develop a knowledge base on how Restorative Justice (RJ) principles and practices can prevent and address environmental harm. Research has demonstrated that RJ is a powerful response to a wide variety of governance challenges and could provide a useful alternative paradigm for environmental regulation. This project aims to apply the processes and values of RJ to environmental regulation with a focus on harm prevention, advancing theory into a new domain of application. This should lead to immediate and long-term benefits, including better prevention of environmental harm, better relationships with communities, and stronger commitments by those who have caused harm to rehabilitate, repair and reform.Read moreRead less