The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance o ....The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance on informal modes of regulation. The project will provide an empirical analysis of existing models of labour regulation, and inform policy development and the activities of agencies involved in labour dispute resolution in the region. It will better equip researchers, legal practitioners, policy makers and NGOs engaging transnationally in the Asia Pacific region.Read moreRead less
Working the gig economy: The organisation of digital platform work. This project aims to reveal the characteristics, motivations and relationships between the three central entities which comprise digital platform work: companies which organise work of different skill and scale in the gig economy; end-user individuals and enterprises; and digital platform workers themselves. This project investigates the organisation of platform work from the perspective of both workers and the intermediaries th ....Working the gig economy: The organisation of digital platform work. This project aims to reveal the characteristics, motivations and relationships between the three central entities which comprise digital platform work: companies which organise work of different skill and scale in the gig economy; end-user individuals and enterprises; and digital platform workers themselves. This project investigates the organisation of platform work from the perspective of both workers and the intermediaries they use to find work. Expected outcomes will contribute g to knowledge of workforce transitions and shifting work/home boundaries This has the potential to informeffective policy responses to platform work with respect to labour law, superannuation regulation, organisational policy and social welfare regimes.Read moreRead less
Australian labour market adjustment to technology, trade and policy. This project aims to examine how the Australian labour market has adjusted over the past 30 years to several major developments: increased use of computers, growth in international trade and the mining boom, microeconomic reform, and the expansion of higher education. The analysis is designed to encompass the effect on labour market outcomes including workers’ pay, the skill composition of employment, migration flows and indivi ....Australian labour market adjustment to technology, trade and policy. This project aims to examine how the Australian labour market has adjusted over the past 30 years to several major developments: increased use of computers, growth in international trade and the mining boom, microeconomic reform, and the expansion of higher education. The analysis is designed to encompass the effect on labour market outcomes including workers’ pay, the skill composition of employment, migration flows and individuals’ decisions about acquiring education. Having a richer understanding of how the labour market has adjusted in the past may help policy-makers to infer how adjustment will happen in the future. For example, a better understanding of the effects of new technologies would provide a stronger basis for judging trends in job creation and hence the types of skills and training that will be required in Australia in future years.Read moreRead less
Economic stress, non-cognitive skill development and life outcomes. This project aims to identify policies in which the fostering of non-cognitive skills (NCS) can break the persistence of economic disadvantage. The project seeks to investigate the mechanisms behind differential development, intergenerational transmission of NCS between "rich and poor," how exposure to economic stress inhibits NCS development and the role of schooling in boosting NCS of disadvantaged children. Expected outcomes ....Economic stress, non-cognitive skill development and life outcomes. This project aims to identify policies in which the fostering of non-cognitive skills (NCS) can break the persistence of economic disadvantage. The project seeks to investigate the mechanisms behind differential development, intergenerational transmission of NCS between "rich and poor," how exposure to economic stress inhibits NCS development and the role of schooling in boosting NCS of disadvantaged children. Expected outcomes include evidence-based policy advice on how human capital investments in NCS can be beneficial for health, educational and labour market success, and how NCS can survive despite economic stress. Intended benefits include new cost-effective policies to reduce inequality and maximise the welfare of society.Read moreRead less
A legal framework for resilient electricity infrastructure in Australia. This project aims to develop a legal and governance framework to enhance the resilience of Australia's electricity infrastructure in a changing climate. Building resilience reduces the total cost of disasters in Australia, a major share of which will come from replacing damaged critical infrastructure, without accounting for climate change impacts. This project aims to develop the legal and governance framework by addressin ....A legal framework for resilient electricity infrastructure in Australia. This project aims to develop a legal and governance framework to enhance the resilience of Australia's electricity infrastructure in a changing climate. Building resilience reduces the total cost of disasters in Australia, a major share of which will come from replacing damaged critical infrastructure, without accounting for climate change impacts. This project aims to develop the legal and governance framework by addressing both the integration of smart technologies and disaster risk reduction measures in the electricity system. This is expected to provide significant economic, social and environmental benefits to Australia.Read moreRead less
Constitutional change in authoritarian regimes: the case of Myanmar. This project aims to understand how and why constitutions change in authoritarian regimes. After decades of authoritarian rule, there is lively public debate about formal amendment of the Myanmar constitution. Based on rigorous qualitative methods including archival research and in-depth interviews, this project expects to investigate why Myanmar's Constitution is both a constraint and an enabler of democratic reform. This time ....Constitutional change in authoritarian regimes: the case of Myanmar. This project aims to understand how and why constitutions change in authoritarian regimes. After decades of authoritarian rule, there is lively public debate about formal amendment of the Myanmar constitution. Based on rigorous qualitative methods including archival research and in-depth interviews, this project expects to investigate why Myanmar's Constitution is both a constraint and an enabler of democratic reform. This timely socio-legal project seeks to inform Australia’s political, economic and cultural engagement with Myanmar as a strategic neighbour in south-east Asia and a new market for foreign investment.Read moreRead less
Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgmen ....Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgments, court transcripts and interviews with prosecutors and defence lawyers, in three Australian jurisdictions. It should produce significant new knowledge about whether existing laws and court room practices are optimally adapted to achieving the important objective of justice for sexual violence victims.
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Regulatory power and corporate misconduct. This project aims to map and critically analyse the shift towards negotiated enforcement in response to corporate misconduct in the financial sector. There is growing concern within the community, consumer advocates, elected representatives and the finance industry itself about the increasing use by regulators of negotiated enforcement mechanisms rather than litigation to counter serious corporate misconduct in the financial sector. There is concern tha ....Regulatory power and corporate misconduct. This project aims to map and critically analyse the shift towards negotiated enforcement in response to corporate misconduct in the financial sector. There is growing concern within the community, consumer advocates, elected representatives and the finance industry itself about the increasing use by regulators of negotiated enforcement mechanisms rather than litigation to counter serious corporate misconduct in the financial sector. There is concern that these practices may lack transparency, be inefficient, fail to deter corporate misbehaviour, and operate to subvert individual justice and the rule of law. This project aims to address these concerns by developing detailed recommendations for reform based on an examination of the theory and practices of Australian and United States of America financial regulators.Read moreRead less
Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of plur ....Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of pluralised constituent power. Expected benefits include the generation of insights into the constitutional foundations of federal systems (including Australia), new approaches to the interpretation of federal constitutions and mapping of pathways for legitimate constitutional reform.Read moreRead less
International law and the Challenge of Populism. Populist political movements pose a threat to international law because they oppose supranational authority. And yet, populism and international law are grounded in a common source – national sovereignty. The relationship between them is poorly understood. This project will undertake new interdisciplinary research in law and political philosophy to provide a new account of that relationship, and to establish new ways of thinking about how to advan ....International law and the Challenge of Populism. Populist political movements pose a threat to international law because they oppose supranational authority. And yet, populism and international law are grounded in a common source – national sovereignty. The relationship between them is poorly understood. This project will undertake new interdisciplinary research in law and political philosophy to provide a new account of that relationship, and to establish new ways of thinking about how to advance the project of international law in ways which are both commensurate to global challenges and consistent with democracy and political freedom. This account will contribute to wider debates about the future of the international legal and political order in times of uncertainty and crisis.Read moreRead less