Legal Origins: The Impact of Different Legal Systems on the Regulation of the Business Enterprise in the Asia-Pacific Region. This project will locate Australia and several major countries in our region within a highly influential international scholarly debate about appropriate forms of business regulation. It will contribute to domestic policy-making debates about the most effective legal methods for promoting an innovative and productive economy, especially in the areas of corporate and labou ....Legal Origins: The Impact of Different Legal Systems on the Regulation of the Business Enterprise in the Asia-Pacific Region. This project will locate Australia and several major countries in our region within a highly influential international scholarly debate about appropriate forms of business regulation. It will contribute to domestic policy-making debates about the most effective legal methods for promoting an innovative and productive economy, especially in the areas of corporate and labour law. It will also enable Australian policy makers to participate in international policy reform debates facilitated through international institutions. In particular, it will enhance Australia's capacity to understand and contribute to the establishment of better legal systems in our region, enhancing important trading and strategic relationships.Read moreRead less
Enforcement of Chinese Employment Law: Regulatory Innovation and Wage Arrears. Australia's security and economic well-being is closely bound up with China. It is in Australia's interests that China develops a sound legal system as the foundation of a prosperous, humane and stable society. The pervasive failure to pay Chinese workers their correct wages tests the capacity and credibility of Chinese law. An assessment of the legal system's response to the wage problem will provide specific insigh ....Enforcement of Chinese Employment Law: Regulatory Innovation and Wage Arrears. Australia's security and economic well-being is closely bound up with China. It is in Australia's interests that China develops a sound legal system as the foundation of a prosperous, humane and stable society. The pervasive failure to pay Chinese workers their correct wages tests the capacity and credibility of Chinese law. An assessment of the legal system's response to the wage problem will provide specific insights on securing compliance with the employment law in China, benefiting Australian foreign policy makers, traders, investors and overseas development organisations. It will facilitate collaborative work between China and Australia on strengthening the regulatory capacity of Chinese institutions. Read moreRead less
'Nothing Can Be Created Out of Nothing': Workers, Their Know-How and the Employment Relationships that Support Them. The importance of innovation, either in the form of intellectual property or know-how, to the Australian economy cannot be over-stated. Unlike statutory intellectual property schemes, worker-created know-how is both 'incentivised' and controlled through the contractual provisions of the worker-employer relationship. This project, through its empirical focus, will explore if (and h ....'Nothing Can Be Created Out of Nothing': Workers, Their Know-How and the Employment Relationships that Support Them. The importance of innovation, either in the form of intellectual property or know-how, to the Australian economy cannot be over-stated. Unlike statutory intellectual property schemes, worker-created know-how is both 'incentivised' and controlled through the contractual provisions of the worker-employer relationship. This project, through its empirical focus, will explore if (and how) the law, as it relates to know-how, promotes innovation in the workplace. Through the development of guidelines for best practice and reform proposals to fill gaps in the law, this research will increase the potential for innovation in all worker-employer relationships which will, in turn, maximise this country's creative and technological capability. Read moreRead less
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
Policy-Based Reasoning in Private Law. The Australian community devotes a great deal of attention to improving the regulation of commercial and consumer relations through participative, public processes such as law reform commissions and parliamentary inquiries. The important role of judicial law-making in regulating economic and social relations is often overlooked. This project will examine the way in which the pursuit of policy goals influences judicial law-making in the private law sphere. T ....Policy-Based Reasoning in Private Law. The Australian community devotes a great deal of attention to improving the regulation of commercial and consumer relations through participative, public processes such as law reform commissions and parliamentary inquiries. The important role of judicial law-making in regulating economic and social relations is often overlooked. This project will examine the way in which the pursuit of policy goals influences judicial law-making in the private law sphere. The project will make an important contribution to the international debate about the legitimacy of policy considerations in judicial-making in private law, and the extent of the legitimate law-making role of the courts in a democratic system.Read moreRead less
The High Court of Australia's International Impact and Engagement - Enhancing Judicial Accountability and Australia's Place in International Law. This project on the Australian High Court's engagement with the international community enhances Australian and international understanding of how national and international judicial systems interact, especially in important areas of national protection, democratic government, and human rights. It advances scholarly, governmental, professional, and pub ....The High Court of Australia's International Impact and Engagement - Enhancing Judicial Accountability and Australia's Place in International Law. This project on the Australian High Court's engagement with the international community enhances Australian and international understanding of how national and international judicial systems interact, especially in important areas of national protection, democratic government, and human rights. It advances scholarly, governmental, professional, and public knowledge of the Court's contribution as a governmental organ to international justice in the 21st century. This improves judicial accountability, enhances Australia's international legal reputation, and meets the government's stated commitment to promoting justice and human rights internationally. The project produces public web-based resources and promotes national research priorities.Read moreRead less
Drugs, law and criminal procedure in Southeast Asia: A comparative analysis. Australians accused of major drugs offences in Southeast Asia face very serious penalties, including death or life imprisonment. There is, however, a lack of accurate information in Australia regarding how drugs trials are conducted in the region, let alone detailed knowledge of applicable laws and procedure. There is now an acute need for detailed comparative material on criminal laws and judicial processes in Indonesi ....Drugs, law and criminal procedure in Southeast Asia: A comparative analysis. Australians accused of major drugs offences in Southeast Asia face very serious penalties, including death or life imprisonment. There is, however, a lack of accurate information in Australia regarding how drugs trials are conducted in the region, let alone detailed knowledge of applicable laws and procedure. There is now an acute need for detailed comparative material on criminal laws and judicial processes in Indonesia, Vietnam and Singapore, so better support can be provided both for Australians facing drug-related charges and for Australian governments in developing policies and strategies in response to the issues these trials create.Read moreRead less
International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding ....International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding of the law and policy issues affecting how we treat war crimes and terrorism and by engaging not just with the academic and practitioner community in Australia and internationally, but with government representatives from the Attorney-General's, Foreign Affairs and Defence Departments.Read moreRead less
Rethinking Mental Health Laws: An Integrated Approach. Mental health is one of the Commonwealth Government's national health priority areas. This research program will ensure the best possible outcomes for the Government's five-year action plan for better mental health services by developing model legal frameworks that will help shape the way in which individuals with mental illnesses can access the highest attainable standard of mental health care. Through interdisciplinary collaboration and th ....Rethinking Mental Health Laws: An Integrated Approach. Mental health is one of the Commonwealth Government's national health priority areas. This research program will ensure the best possible outcomes for the Government's five-year action plan for better mental health services by developing model legal frameworks that will help shape the way in which individuals with mental illnesses can access the highest attainable standard of mental health care. Through interdisciplinary collaboration and through developing model frameworks for both civil commitment and sentencing laws, this program will enable Australia to set the international agenda as to how countries can best respond to the mental health needs of their citizens.Read moreRead less
WHY CONTACT ORDERS FAIL: ASSUMPTIONS AND REALITY. This project addresses the growing problem of Family Court litigation to enforce orders for parent-child contact after separation. Recent policy responses to this significant problem have been based on assumptions and anecdotal evidence about why parents fail to comply with contact orders. As the first empirical study of the issue, the project's central aim is to analyse data collected from Family Court files to obtain a clear understanding of th ....WHY CONTACT ORDERS FAIL: ASSUMPTIONS AND REALITY. This project addresses the growing problem of Family Court litigation to enforce orders for parent-child contact after separation. Recent policy responses to this significant problem have been based on assumptions and anecdotal evidence about why parents fail to comply with contact orders. As the first empirical study of the issue, the project's central aim is to analyse data collected from Family Court files to obtain a clear understanding of the causes and effectiveness of enforcement proceedings. The research findings will provide a sound basis for assessing the current approach to contraventions of contact orders, and for designing any necessary reforms.Read moreRead less