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
Analysing and disrupting outlaw motorcycle gangs in Australia. This project aims to reveal the structure and social dynamics of co-offending networks by OMCGs in Australia. Outlaw motorcycle gangs (OMCGs) cause significant social and economic harm in Australia and internationally. The project will generate new knowledge about OMCG co-offending using an innovative multimethod approach combining social network analysis with interviews and focus groups. Expected outcomes include a deeper understand ....Analysing and disrupting outlaw motorcycle gangs in Australia. This project aims to reveal the structure and social dynamics of co-offending networks by OMCGs in Australia. Outlaw motorcycle gangs (OMCGs) cause significant social and economic harm in Australia and internationally. The project will generate new knowledge about OMCG co-offending using an innovative multimethod approach combining social network analysis with interviews and focus groups. Expected outcomes include a deeper understanding of OMCG criminal activity across Australia and refined theory development about co-offending in criminal groups. The project will lead to improved policy, legislation and policing practice to prevent OMCG crime and dismantle OMCG criminal networks in more cost-effective ways.Read moreRead less
Domestic violence disclosure schemes: A national review. In 2014 family violence was declared a national emergency in Australia. In the years since there has been extensive law reform activity. Domestic violence disclosure schemes have emerged within this context as a policy option that may improve safety outcomes for victims. However, there is currently no evidence as to the impact of these schemes and no consultation with victims as to their value. This project aims to generate the evidence re ....Domestic violence disclosure schemes: A national review. In 2014 family violence was declared a national emergency in Australia. In the years since there has been extensive law reform activity. Domestic violence disclosure schemes have emerged within this context as a policy option that may improve safety outcomes for victims. However, there is currently no evidence as to the impact of these schemes and no consultation with victims as to their value. This project aims to generate the evidence required to inform decisions about the introduction of these schemes, to better understand what victim/survivors want from them, and how such schemes can be effectively operationalised. The findings seek to be relevant to all Australian states and territories as well as international jurisdictions.Read moreRead less
Improving Legal Frameworks to Support Online Child Sex Abuse Prosecutions. This project aims to gain a deeper understanding of the nature and extent of online child sexual abuse prosecutions in Australia. Using empirical studies to draw on the practical experience of law enforcement and other stakeholders, it will generate new knowledge concerning the suitability of Australia's legal and policy frameworks to effectively investigate and prosecute such offences, with a particular focus on the Asia ....Improving Legal Frameworks to Support Online Child Sex Abuse Prosecutions. This project aims to gain a deeper understanding of the nature and extent of online child sexual abuse prosecutions in Australia. Using empirical studies to draw on the practical experience of law enforcement and other stakeholders, it will generate new knowledge concerning the suitability of Australia's legal and policy frameworks to effectively investigate and prosecute such offences, with a particular focus on the Asia-Pacific region and the use of new technologies. Expected outcomes include evidence-based recommendations on criminal law reform and enforcement policy that aim to improve the international enforcement of online child sexual abuse offences, and to provide a model for other forms of serious transnational online crime.Read moreRead less
Analysing interactions within the criminal deportation system. This project aims to investigate the convergence of migration control and criminal justice by analysing pathways to criminal deportation. The project expects to generate new criminological understandings of deportation as a means of promoting community safety using interdisciplinary approaches that capture regional and metropolitan practice. Expected outcomes include knowledge of how information flows between migration control and cr ....Analysing interactions within the criminal deportation system. This project aims to investigate the convergence of migration control and criminal justice by analysing pathways to criminal deportation. The project expects to generate new criminological understandings of deportation as a means of promoting community safety using interdisciplinary approaches that capture regional and metropolitan practice. Expected outcomes include knowledge of how information flows between migration control and criminal justice agencies, and the implications for policing, courts, and prison administration. This should provide significant benefits for policy-makers and practitioners, by articulating emerging and unexplored practices that have major consequences for community safety, social cohesion and the rule-of-law.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
The socio-legal implications of donor linking. This project aims to understand the impact of donor linking on individual and familial identities and relationships, and the consequences of the growing prevalence of non-statutory linking, such as direct-to-consumer genetic testing and online technologies, for formal regulatory frameworks. Donor linking is the process by which donor-conceived people, donors, and recipient parents access each other's identifying information. Australia is a world lea ....The socio-legal implications of donor linking. This project aims to understand the impact of donor linking on individual and familial identities and relationships, and the consequences of the growing prevalence of non-statutory linking, such as direct-to-consumer genetic testing and online technologies, for formal regulatory frameworks. Donor linking is the process by which donor-conceived people, donors, and recipient parents access each other's identifying information. Australia is a world leader in statutory linking, but reform has not been matched by equivalent levels of research on the consequences of the practice. This project will constitute an evidence-based platform from which donor-linking law, policy and services can develop domestically and overseas.Read moreRead less
Justice in the Streets? Responses to Public Homelessness and Public Dissent. This project focuses on legal and social regulation of city streets, including the impact on the increasing numbers of Australians experiencing public homelessness or engaging in public protest. Typical legal and policy responses tend towards criminalisation, exclusion and surveillance; the consequences for affected individuals include intensified social stratification and disadvantage along with risks of involvement in ....Justice in the Streets? Responses to Public Homelessness and Public Dissent. This project focuses on legal and social regulation of city streets, including the impact on the increasing numbers of Australians experiencing public homelessness or engaging in public protest. Typical legal and policy responses tend towards criminalisation, exclusion and surveillance; the consequences for affected individuals include intensified social stratification and disadvantage along with risks of involvement in the criminal justice system. This project examines legal, social and municipal strategies regarding public homelessness and public protest and investigates their impact on individuals and groups affected. Expected benefits include proposals for ways of reforming law and policy to achieve ‘spatial justice’ in city streets.Read moreRead less
Financial exclusion, poor insurer practices and consumer protection. This project aims to study financial exclusion and variations in access to general insurance, as well as insurer practices in selling insurance and handling claims. Through surveys, focus groups and interviews, the project also aims to evaluate the effectiveness of the legal protections for consumers of general insurance. The expected project outcomes include law and policy reform proposals to improve the effectiveness of these ....Financial exclusion, poor insurer practices and consumer protection. This project aims to study financial exclusion and variations in access to general insurance, as well as insurer practices in selling insurance and handling claims. Through surveys, focus groups and interviews, the project also aims to evaluate the effectiveness of the legal protections for consumers of general insurance. The expected project outcomes include law and policy reform proposals to improve the effectiveness of these protections and maximise access to general insurance, particularly for socio-economically disadvantaged consumers. This should have benefits such as an increased uptake of general insurance and improved community resilience to natural disasters and other unforeseen events.Read moreRead less