Living Down the Past: Criminal Record Checks and Access to Employment for Ex-offenders. This project will introduce increased certainty as to the rights and obligations of Australian employers and employees in the use of criminal records checks. It will have significant economic and social benefits for Australia, by helping to reduce the inappropriate exclusion of ex-offenders from employment; improving the rehabilitation of ex-offenders through facilitating their employment opportunities and lo ....Living Down the Past: Criminal Record Checks and Access to Employment for Ex-offenders. This project will introduce increased certainty as to the rights and obligations of Australian employers and employees in the use of criminal records checks. It will have significant economic and social benefits for Australia, by helping to reduce the inappropriate exclusion of ex-offenders from employment; improving the rehabilitation of ex-offenders through facilitating their employment opportunities and lowering rates of recidivism. Other outcomes will be to maximise Australia's labour supply and support efforts to prioritise social inclusion on the national agenda. The project will assist Australia to meet its international obligations and address human rights principles in relation to employment.Read moreRead less
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
‘Traction’ or ‘Turbulence’ in Japanese Regulatory Style? - An Empirical Analysis of Japanese Commercial Law Reform since the 1990s. A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's 'traction' to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more 'turbulent' process of l ....‘Traction’ or ‘Turbulence’ in Japanese Regulatory Style? - An Empirical Analysis of Japanese Commercial Law Reform since the 1990s. A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's 'traction' to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more 'turbulent' process of law reform - one that is complex, conflicting, unpredictable and ongoing. Empirically testing this hypothesis against Japan's wave of commercial law reforms since the 1990s, this project aims to develop a model of legal and regulatory change in Japan. This model is of strategic importance for Australian policy-makers, business-leaders and legal advisors seeking to understand and respond to Japan's changing business and legal environment.Read moreRead less
Terrorism and Public Law after September 11. The threat posed by terrorism is multifaceted. It can directly or indirectly affect the lives of almost every citizen, whether through a relationship with a person affected by terrorism, such as the Bali bombing, or even through increased airport security. The law lies at the forefront of responses to terrorism in the wake of September 11. New laws are important to protect the community from violent harm, but must also ensure that the democratic value ....Terrorism and Public Law after September 11. The threat posed by terrorism is multifaceted. It can directly or indirectly affect the lives of almost every citizen, whether through a relationship with a person affected by terrorism, such as the Bali bombing, or even through increased airport security. The law lies at the forefront of responses to terrorism in the wake of September 11. New laws are important to protect the community from violent harm, but must also ensure that the democratic values that governments seek to protect are not undermined. This project, in providing sustained research and legal analysis in this area, offers significant security, personal, economic and social benefits to Australia as well as to other nations affected by the threat of terrorism.Read moreRead less
Australian Electoral Law: Building a System for the 21st Century. An effective regime of electoral law and regulation is vital to the integrity of any democratic system. The litigation arising from the recent US Presidential election clearly demonstrates this. But electoral law is a neglected discipline in Australia. This impedes best practice electoral administration and the orderly development and modernisation of electoral law norms and rules. With the involvement and backing of Electoral Cou ....Australian Electoral Law: Building a System for the 21st Century. An effective regime of electoral law and regulation is vital to the integrity of any democratic system. The litigation arising from the recent US Presidential election clearly demonstrates this. But electoral law is a neglected discipline in Australia. This impedes best practice electoral administration and the orderly development and modernisation of electoral law norms and rules. With the involvement and backing of Electoral Council of Australia (representing all Australian electoral authorities), this project will produce leading scholarship that will assist the ongoing development of an appropriate regime of electoral law for Australia in the 21st century.Read moreRead less
Weathering Uncertainty: Climate Change 'Refugees' and International Law. The creation of climate change 'refugees' is one of the most serious consequences of global warming. Climate-induced displacement is of particular relevance to Australia, given its geographical proximity to islands in the South Pacific where sea levels are rising. Islanders in some parts of the region have already had to abandon their homes, and more will do so in the future. Australia is an obvious destination country. Thi ....Weathering Uncertainty: Climate Change 'Refugees' and International Law. The creation of climate change 'refugees' is one of the most serious consequences of global warming. Climate-induced displacement is of particular relevance to Australia, given its geographical proximity to islands in the South Pacific where sea levels are rising. Islanders in some parts of the region have already had to abandon their homes, and more will do so in the future. Australia is an obvious destination country. This project examines Australia's international legal obligations to such people, to enable the development of informed, responsible and lawful responses to their plight. It contributes to NRP 4: Safeguarding Australia: Understanding Our Region and the World.Read moreRead less
Globalisation and Biomedicine: The Harmonisation of Local and Global Regulatory Demands. The pursuit of biotechnological research and development requires a clear and effective regulatory structure at both the global and national level. Australia's strengths in biotechnology and biomedicine and the Federal Government's strategy to support and promote Australian expertise demand the formulation of appropriate regulatory structures. This project will assess these issues with a focus on globalisato ....Globalisation and Biomedicine: The Harmonisation of Local and Global Regulatory Demands. The pursuit of biotechnological research and development requires a clear and effective regulatory structure at both the global and national level. Australia's strengths in biotechnology and biomedicine and the Federal Government's strategy to support and promote Australian expertise demand the formulation of appropriate regulatory structures. This project will assess these issues with a focus on globalisaton, Australia's federal legal system, the patient in society and health law, and the scope of effective legal regulation. The project will provide insights into and a theoretical understanding of existing global and national legal regulation of this sector as well as assisting in the formulation of future regulatory measures.Read moreRead less
Federalism for the 21st Century - A Framework for Achieving Reform and Change. Improvements to Australia's federal consitutional system could return between $9 billion and $20 billion each year to taxpayers (up to 3% of GDP). The problem affects service delivery in areas like health and education and hampers our ability to meet new challenges like water scarcity and climate change. In developing clear criteria for improving Australia's federal constitutionalism this project offers significant ....Federalism for the 21st Century - A Framework for Achieving Reform and Change. Improvements to Australia's federal consitutional system could return between $9 billion and $20 billion each year to taxpayers (up to 3% of GDP). The problem affects service delivery in areas like health and education and hampers our ability to meet new challenges like water scarcity and climate change. In developing clear criteria for improving Australia's federal constitutionalism this project offers significant long term financial and other benefits to the nation and will also produce more specific benefits as a result of its case studies of health and water management.Read moreRead less
Regional governance for Aboriginal and Torres Strait Islander communities: the development of a legal framework and practical models to address discrimination and disadvantage. Many Indigenous people are of the view that the needs and aspirations of their communities may be more effectively negotiated and managed on a local or regional level. Government leaders and agencies have identified more localised decision-making by Indigenous communities as a policy priority. Despite this, there is littl ....Regional governance for Aboriginal and Torres Strait Islander communities: the development of a legal framework and practical models to address discrimination and disadvantage. Many Indigenous people are of the view that the needs and aspirations of their communities may be more effectively negotiated and managed on a local or regional level. Government leaders and agencies have identified more localised decision-making by Indigenous communities as a policy priority. Despite this, there is little comprehensive research regarding the legal and policy issues associated with regional governance for Indigenous people in Australia. This research project will redress the paucity of in-depth legal analysis in this area, and develop achievable and practical models of regional governance for Indigenous communities, to enhance their cultural, economic and social well-being.Read moreRead less
Legal Responses to Systemic Injuries: Towards a New Paradigm for Compensation. This research aims to identify better and fairer ways for the legal system to respond to systemic injuries, such as the taking of indigenous children from their families, or widespread abuse of children in institutional settings. The tort system is under attack from various quarters: in this context, its failure lies in its focus on harms that happen on a one-to-one, rather than a systemic basis. The research will r ....Legal Responses to Systemic Injuries: Towards a New Paradigm for Compensation. This research aims to identify better and fairer ways for the legal system to respond to systemic injuries, such as the taking of indigenous children from their families, or widespread abuse of children in institutional settings. The tort system is under attack from various quarters: in this context, its failure lies in its focus on harms that happen on a one-to-one, rather than a systemic basis. The research will review redress schemes established in other countries (most notably Canada and Ireland) with a view to developing better and more appropriate legal responses to widespread contemporary harms.Read moreRead less