Mental Health Tribunals: Balancing fairness, freedom, protection and right to treatment? In determining treatment options for mentally ill people, mental health tribunals must balance the person's right to treatment with rights to safety, justice and freedom from coercion. Much studied overseas, Australia lacks information about the 'fairness' of hearings. Applying popular 'therapeutic jurisprudence' literature, this project studies the impacts of hearings in 3 diverse Australian jurisdiction ....Mental Health Tribunals: Balancing fairness, freedom, protection and right to treatment? In determining treatment options for mentally ill people, mental health tribunals must balance the person's right to treatment with rights to safety, justice and freedom from coercion. Much studied overseas, Australia lacks information about the 'fairness' of hearings. Applying popular 'therapeutic jurisprudence' literature, this project studies the impacts of hearings in 3 diverse Australian jurisdictions (NSW, Vic & ACT). It uses field observations, interviews and file reviews to isolate best practice reforms. Broader than overseas work, it assesses the actual and perceived fairness of hearings, and the therapeutic outcomes for patients. As in Britain, the project will inform legislative reform and tribunal practices.Read moreRead less
Obstacles to Contract Enforcement in Indonesia. The Australia-Indonesia Comprehensive Economic Partnership (IA-CEPA) came into force in 2020 but foreign investment in Indonesia has consistently failed to meet targets, largely due to concerns about the lack of reliable and just judicial contract enforcement. This project aims to investigate why predictable and fair contract enforcement in Indonesia is so inaccessible, particularly for foreign investors, and, through doctrinal and empirical resear ....Obstacles to Contract Enforcement in Indonesia. The Australia-Indonesia Comprehensive Economic Partnership (IA-CEPA) came into force in 2020 but foreign investment in Indonesia has consistently failed to meet targets, largely due to concerns about the lack of reliable and just judicial contract enforcement. This project aims to investigate why predictable and fair contract enforcement in Indonesia is so inaccessible, particularly for foreign investors, and, through doctrinal and empirical research, explain the causes of this situation. In partnership with Indonesian courts and lawyers, it also aims to support the development of legal and policy reform proposals that can help resolve Indonesia’s commercial contract enforcement problems and encourage Australian investment there.Read moreRead less
New models of co-operative federalism in Australia: constitutional principles and practice. This project will research the effect of intergovernmental co-operation, through bodies such as the Council of Australian Governments, on Australia's system of constitutional democracy. It will determine how federal governance can be made more effective while respecting State autonomy and maintaining parliamentary and public accountability.
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
Indonesia's Constitutional Court: safeguarding democratic transition? This project analyses the Indonesian Constitutional Court's decisions in election-related cases. It examines the Court's role in maintaining democracy and, ultimately, the national unity of Indonesia. By explaining how Indonesian democracy 'works', this project will enhance Australia's economic, political and cultural engagement with Indonesia.
Indonesia’s Anti-Corruption Courts: Making or Breaking Governance Reform? This project plans to help policy-makers and the community to understand Indonesia’s new regional anti-corruption courts. Indonesia has notoriously high levels of public-sector corruption which are undermining Indonesia’s post-Soeharto governance reforms, eroding support for democracy and decentralisation, and threatening stability. Regional anti-corruption courts were established from 2011, ostensibly to help curb corrupt ....Indonesia’s Anti-Corruption Courts: Making or Breaking Governance Reform? This project plans to help policy-makers and the community to understand Indonesia’s new regional anti-corruption courts. Indonesia has notoriously high levels of public-sector corruption which are undermining Indonesia’s post-Soeharto governance reforms, eroding support for democracy and decentralisation, and threatening stability. Regional anti-corruption courts were established from 2011, ostensibly to help curb corruption. This project plans to examine how these courts operate and assess their effectiveness. Their performance is critical to the success of Indonesia’s broader governance reforms, including democratisation and decentralisation, which in turn help Indonesia sustain political stability and economic development, both of which affect the economic and security interests of Australia and the region.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
Lifestyle wars: law's role in responding to the challenges of non-communicable diseases. In economic, social and personal terms, non-communicable diseases impose a massive health burden upon Australian society. Law is a potent tool that could influence the economic, environmental and social structures, as well as the personal choices, that generate poor health outcomes. Very little work has been carried out on law's relationship with non-communicable diseases, either in Australia or internatio ....Lifestyle wars: law's role in responding to the challenges of non-communicable diseases. In economic, social and personal terms, non-communicable diseases impose a massive health burden upon Australian society. Law is a potent tool that could influence the economic, environmental and social structures, as well as the personal choices, that generate poor health outcomes. Very little work has been carried out on law's relationship with non-communicable diseases, either in Australia or internationally. By exploring and promoting the contribution that public health law can make to health policy on non-communicable diseases, this project will contribute to the promotion and maintenance of good health in Australia.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.
Discovery Early Career Researcher Award - Grant ID: DE240100636
Funder
Australian Research Council
Funding Amount
$429,000.00
Summary
Universal Legal Identity and the Sustainable Development Goals. This project is the first comprehensive study into the risks of exclusion associated with the pursuit of the universal legal identity target enshrined in the Sustainable Development Goals. Through a systematic examination of legal identification initiatives at international and country levels, in Indonesia, Thailand and Cambodia, the project will generate new knowledge on how exclusion in legal identity regimes is produced and who i ....Universal Legal Identity and the Sustainable Development Goals. This project is the first comprehensive study into the risks of exclusion associated with the pursuit of the universal legal identity target enshrined in the Sustainable Development Goals. Through a systematic examination of legal identification initiatives at international and country levels, in Indonesia, Thailand and Cambodia, the project will generate new knowledge on how exclusion in legal identity regimes is produced and who it affects. Outcomes include improved understanding of these risks and practical guidance to address them. Expected benefits include more inclusive state and non-state approaches to legal identity, as well as enhanced protections and development opportunities for marginalised populations in different contexts.Read moreRead less