Conceiving and Implementing National Integrity Systems Assessments (NISA). Integrity and corruption are conceptually linked opposites. Integrity systems (or 'ethics regimes') are the most powerful tools for dealing with corruption. They involve a range of institutions, law, procedures, practices and attitudes which encourage integrity and discourage/sanction its absence among public servants and those who might wish to corrupt them. This project will examine the way Australian government and bus ....Conceiving and Implementing National Integrity Systems Assessments (NISA). Integrity and corruption are conceptually linked opposites. Integrity systems (or 'ethics regimes') are the most powerful tools for dealing with corruption. They involve a range of institutions, law, procedures, practices and attitudes which encourage integrity and discourage/sanction its absence among public servants and those who might wish to corrupt them. This project will examine the way Australian government and business integrity systems (some of which have received international praise for their design and conception) function in order to improve their operation in Australia and to provide examples for other countries.Read moreRead less
The limits of disclosure: private rights, public duties and the search for accountable governance. A reliance on technical considerations such as enhanced disclosure, literacy programs and attempts to bifurcate between sophisticated and unsophisticated investors has each proved sub-optimal in the search for greater, or more accurately, effective accountability both here in Australia and internationally. The acceptance by the corporate sector to process risk allocation, develop a mutually endors ....The limits of disclosure: private rights, public duties and the search for accountable governance. A reliance on technical considerations such as enhanced disclosure, literacy programs and attempts to bifurcate between sophisticated and unsophisticated investors has each proved sub-optimal in the search for greater, or more accurately, effective accountability both here in Australia and internationally. The acceptance by the corporate sector to process risk allocation, develop a mutually endorsed formal and informal regulatory framework, and agree on clear and transparent roles and responsibilities marks a significant step forward. It is both significant and innovative that the design and implementation of the proposed strategic plan will derive from an extended exercise in deliberative democracy.Read moreRead less
Professions, Professional Standards and Capital Markets in the 21st Century: Regulatory Engagement, Design and Strategies. This project aims to advance academic knowledge of professional obligation within capital markets. The objective is to develop practical mechanisms to test and validate oversight programs designed to advance professional standards within the established professions of law and audit and those who aspire to that status (financial advisers and broker/dealers). The research uses ....Professions, Professional Standards and Capital Markets in the 21st Century: Regulatory Engagement, Design and Strategies. This project aims to advance academic knowledge of professional obligation within capital markets. The objective is to develop practical mechanisms to test and validate oversight programs designed to advance professional standards within the established professions of law and audit and those who aspire to that status (financial advisers and broker/dealers). The research uses an innovative conceptual framework that delineates rights, duties and responsibilities and measures capacity to deliver stated commitment to market integrity, thereby attending to the specific and pressing problems faced by the partner organisations. The project aims to provide warranted trust in the commitment of the professions to higher standards, thereby restoring market confidence.Read moreRead less
The Human Rights Responsibilities of Multinational Corporations. Human rights abuses are perpetrated by multinational corporations, yet they are subject to few laws protecting human rights. Given the global power of these bodies, it is imperative and inevitable that greater legal accountability mechanisms will be developed. Working with a consortium of major industry partners, this project will identify current legal obligations on corporations to protect human rights, their means of enforcemen ....The Human Rights Responsibilities of Multinational Corporations. Human rights abuses are perpetrated by multinational corporations, yet they are subject to few laws protecting human rights. Given the global power of these bodies, it is imperative and inevitable that greater legal accountability mechanisms will be developed. Working with a consortium of major industry partners, this project will identify current legal obligations on corporations to protect human rights, their means of enforcement and investigate their likely future extension in Australia and internationally. Best practice models for corporate compliance with these laws will be constructed and all results will be widely disseminated and accessible in a variety of formats.Read moreRead less
Building the Rule of Law in International Affairs. Australia has been committed to a rules-based international system since the foundation of the UN and, while recently wavering in practice has remained formally supportive of international law. This is not just a matter of values. As a major trading nation and a middle power, Australia prosperity and security would benefit from a more rules-based international order. This project aims to find practical ways of bolstering and building the rule of ....Building the Rule of Law in International Affairs. Australia has been committed to a rules-based international system since the foundation of the UN and, while recently wavering in practice has remained formally supportive of international law. This is not just a matter of values. As a major trading nation and a middle power, Australia prosperity and security would benefit from a more rules-based international order. This project aims to find practical ways of bolstering and building the rule of law in international affairs. In doing so, this international research involving the UN, a Canadian think tank and UN University's Australian based governance institute will allow Australia to take leadership role in multilateral thinking and action to bolster the international rule of law. Read moreRead less
The next generation rural landscape governance: the Australian dimension. The project team in collaboration with Industry and regional stakeholders will undertake innovative research to develop the next generation of natural resource governance in Australia. This project will focus on the reforms required to improve the sustainability performance of primary industries through reduced transaction costs, co-regulatory structures and stewardship.
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.
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
Local Capacity Regulation: Facilitating Participatory Environmental Policy. This project aims to develop a participatory strategy capable of substantially improving the environmental performance of small and medium sized enterprises. Its outcome will be to show how local knowledge and capacity can be mobilized to fulfill regulatory and other environmental goals. Its significance will be (i) to develop principles for, and a broader model of local capacity regulation that is robust, sustainable an ....Local Capacity Regulation: Facilitating Participatory Environmental Policy. This project aims to develop a participatory strategy capable of substantially improving the environmental performance of small and medium sized enterprises. Its outcome will be to show how local knowledge and capacity can be mobilized to fulfill regulatory and other environmental goals. Its significance will be (i) to develop principles for, and a broader model of local capacity regulation that is robust, sustainable and easily reproduced, and capable of being applied to a wide range of other environmental and regulatory contexts and (ii) to develop an institutional framework that can facilitate effective community intervention in other domains of governance.Read moreRead less
Analysis of legislation and policies affecting the development of Indigenous wildlife-based enterprises. Entrepreneurial enterprise development by Indigenous people in remote regions is being encouraged as part of government policy to move people off welfare and into work. Indigenous knowledge of wildlife makes it a logical source of wealth generation but a range of legal and policy constraints add to substantial existing social and logistical problems. An understanding of the legal processes in ....Analysis of legislation and policies affecting the development of Indigenous wildlife-based enterprises. Entrepreneurial enterprise development by Indigenous people in remote regions is being encouraged as part of government policy to move people off welfare and into work. Indigenous knowledge of wildlife makes it a logical source of wealth generation but a range of legal and policy constraints add to substantial existing social and logistical problems. An understanding of the legal processes involved in establishing and maintaining sustainable and ongoing wildlife-based enterprises will improve their chances of success, and will also offer the opportunity to change regulatory frameworks to ensure consistency, remove contradictions and encourage workforce participation. The research will have national and international implications.Read moreRead less