Employment consequences of criminal behaviour: Double punishment or just deserts? Employment deprivations are hardships often consequent upon findings of criminal guilt and additional to criminal sanctions imposed by the courts - a convicted person may be dismissed from employment or ineligible to apply for certain jobs, particularly public sector positions. There are no settled legal principles governing inter-play between criminal behaviour and employment status and opportunities. Unfairness ....Employment consequences of criminal behaviour: Double punishment or just deserts? Employment deprivations are hardships often consequent upon findings of criminal guilt and additional to criminal sanctions imposed by the courts - a convicted person may be dismissed from employment or ineligible to apply for certain jobs, particularly public sector positions. There are no settled legal principles governing inter-play between criminal behaviour and employment status and opportunities. Unfairness may result, as the offence effectively attracts a 'double' punishment; an offender's rehabilitative prospects are impeded; social and economic burdens ensue.
The project aims to develop comprehensive policy guidelines concerning the appropriate connection between criminal behaviour and employment status for courts, governments and employers.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
Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region. The problem of trafficking in persons and issues of forced migration in the Asia-Pacific region are matters of national concern as they involve the security of the nation and the prevention of organised transnational crime. This project will contribute to the safeguarding of Australia by improving our understanding of the nature of the problem and what legal responses ....Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region. The problem of trafficking in persons and issues of forced migration in the Asia-Pacific region are matters of national concern as they involve the security of the nation and the prevention of organised transnational crime. This project will contribute to the safeguarding of Australia by improving our understanding of the nature of the problem and what legal responses work best in combating trafficking. By specifically focussing on the gaps in the existing law, practice and policy, the project will enable Australia to be a major international leader in this important field.Read moreRead less
Litigation and Liability as Regulation to Reduce Tobacco Related Harm. The new National Tobacco Strategy, signed in November 2004 by all Australian Governments, explains that successful tobacco control interventions bring major social and economic returns, including healthy and independent ageing, sustainable health care systems, a stronger economy, stronger communities, stronger families, improved indigenous health, and less harm from illicit drugs. The NTS acknowledges that regulation is a key ....Litigation and Liability as Regulation to Reduce Tobacco Related Harm. The new National Tobacco Strategy, signed in November 2004 by all Australian Governments, explains that successful tobacco control interventions bring major social and economic returns, including healthy and independent ageing, sustainable health care systems, a stronger economy, stronger communities, stronger families, improved indigenous health, and less harm from illicit drugs. The NTS acknowledges that regulation is a key tobacco control intervention. The research will explore and make recommendations about new regulatory approaches that have the capacity to substantially reduce the harm caused by tobacco, and to maximise the social and economic returns of tobacco control to the community. Read moreRead less
Understandings of Women's Disadvantage at Work: Discourses of Discrimination in the Workplace. In analysing the persistence of women's disadvantage in the workplace, research has focused on the inadequacy of anti-discrimination law and both government and corporate EEO policies. Less attention has been paid to the myriad ways in which these proscriptions of discrimination are understood and implemented in the workplace. This project will examine workplace discourses around sex discrimination in ....Understandings of Women's Disadvantage at Work: Discourses of Discrimination in the Workplace. In analysing the persistence of women's disadvantage in the workplace, research has focused on the inadequacy of anti-discrimination law and both government and corporate EEO policies. Less attention has been paid to the myriad ways in which these proscriptions of discrimination are understood and implemented in the workplace. This project will examine workplace discourses around sex discrimination in a range of industry case studies. It will contribute to a better theoretical understanding of the ways in which women's workplace disadvantage is constructed and negotiated within specific organisational contexts and cultures and also provide practical guidance for human rights agencies.Read moreRead less
Defamation and Privacy: Law, Media and Public Speech. This project investigates important recent legal changes in defamation and privacy, laws which can considerably limit public speech. It addresses the urgent need in law for a more sophisticated understanding and evaluation of the practices of media professionals. It will assist lawyers and judges apply the changed laws, contribute to scheduled reviews of legislation, assist publications and journalists deal with risks of legal liability, deve ....Defamation and Privacy: Law, Media and Public Speech. This project investigates important recent legal changes in defamation and privacy, laws which can considerably limit public speech. It addresses the urgent need in law for a more sophisticated understanding and evaluation of the practices of media professionals. It will assist lawyers and judges apply the changed laws, contribute to scheduled reviews of legislation, assist publications and journalists deal with risks of legal liability, develop critical academic and legal debates about the media, and clarify the parameters of lawful public speech. It promotes better legal understanding of popular media forms, which have key roles in contemporary economies and public debate.Read moreRead less
Defamation Law in Context: Australian and US News Production Practices and Public Debate. Legal and media commentators claim Australian defamation law 'chills' media speech and limits public debate, especially compared to the US. This project examines how defamation risks are considered in media production practices under differing legal, institutional and social contexts in Australia and the US. It responds to important defamation law developments and media transformations. The project will: ....Defamation Law in Context: Australian and US News Production Practices and Public Debate. Legal and media commentators claim Australian defamation law 'chills' media speech and limits public debate, especially compared to the US. This project examines how defamation risks are considered in media production practices under differing legal, institutional and social contexts in Australia and the US. It responds to important defamation law developments and media transformations. The project will:
- Produce qualitative data about media news production practices and products in Australia and the US.
- Use the data to evaluate the role of defamation law in the media's contribution to public debate, and argue for optimal reforms to Australian defamation law.Read moreRead less
Withholding and withdrawing life-sustaining treatment from adults lacking capacity: Enhancing medical decision-making through doctors' compliance with the law. This project will enhance medical decision-making about the provision of life-sustaining treatment to adults without decision-making capacity through improved compliance with the law. This will advance patients' autonomy and dignity, protect vulnerable adults whose lives may be wrongly ended because of inappropriate treatment decisions a ....Withholding and withdrawing life-sustaining treatment from adults lacking capacity: Enhancing medical decision-making through doctors' compliance with the law. This project will enhance medical decision-making about the provision of life-sustaining treatment to adults without decision-making capacity through improved compliance with the law. This will advance patients' autonomy and dignity, protect vulnerable adults whose lives may be wrongly ended because of inappropriate treatment decisions and avoid litigation for doctors and hospitals. The project also aims to improve the quality of the law by resolving legal ambiguity and proposing reforms. This will further enhance the quality of decision-making, and will reduce defensive medicine and the cost of complying with the law, leading to savings in health expenditure.Read moreRead less
The Media and ASEAN Transitions: Defamation Law, Journalism and Public Debate in Indonesia, Malaysia and Singapore. This project will examine defamation law, journalism and public debate in three core members of the Association of Southeast Asian Nations: Indonesia, Malaysia and Singapore. It will focus on a legal issue, defamation, which is central to the Australian and regional media's potential for improving public and private sector governance, and promoting domestic and regional understandi ....The Media and ASEAN Transitions: Defamation Law, Journalism and Public Debate in Indonesia, Malaysia and Singapore. This project will examine defamation law, journalism and public debate in three core members of the Association of Southeast Asian Nations: Indonesia, Malaysia and Singapore. It will focus on a legal issue, defamation, which is central to the Australian and regional media's potential for improving public and private sector governance, and promoting domestic and regional understanding, at a time when independent media speech has great value in relation to trade, security and development. When risks of transnational defamation liability are increasing, it will assist the Australian media's coverage of three pivotal countries in the region and substantially develop the academic understanding of defamation law's effects on media content.Read moreRead less
Amateur Hour: The Sociolegal Construction of Amateur Media. This project addresses Research Priority 3, specifically the priority goal of Promoting an Innovation Culture and Economy. The rise of amateur networked production is a highly significant transformation in Australia's cultural and media industries. Innovation policy provides incentives for the socially-optimal production of new works, but amateurs do not produce for commercial gain, and may not respond to commercial incentives of inte ....Amateur Hour: The Sociolegal Construction of Amateur Media. This project addresses Research Priority 3, specifically the priority goal of Promoting an Innovation Culture and Economy. The rise of amateur networked production is a highly significant transformation in Australia's cultural and media industries. Innovation policy provides incentives for the socially-optimal production of new works, but amateurs do not produce for commercial gain, and may not respond to commercial incentives of intellectual property. The project articulates motivations, incentive and conditions for amateur content production.Read moreRead less