Combating the financing of terrorism: enhancing security or compromising civil rights and democracy? To enhance security without compromising civil rights and democracy is a key challenge facing government in Australia and internationally. Legislative and policy developments related to combating the financing of terrorism are at the forefront of attempts to safeguard Australia from terrorism. The research will bring new knowledge to these policy and legislative developments; stimulate debate, pr ....Combating the financing of terrorism: enhancing security or compromising civil rights and democracy? To enhance security without compromising civil rights and democracy is a key challenge facing government in Australia and internationally. Legislative and policy developments related to combating the financing of terrorism are at the forefront of attempts to safeguard Australia from terrorism. The research will bring new knowledge to these policy and legislative developments; stimulate debate, provide important insights to government, law enforcement, and financial regulators; and give voice to communities, organisations, and individuals directly affected. The project will assist in ensuring that government measures meet the challenge of being effective without unduly compromising civil rights or democracy. Read moreRead less
Managing compliance with procedural justice: The role of motivational postures, legitimacy and emotion. Regulatory authorities exist to ensure that members of the public comply with their obligations under the law. At the same time, however, regulators should not exercise their authority in ways that result in the alienation of the public. Using social science methodology, this project will examine the role that procedurally fair regulation can play in promoting trust and confidence in authoriti ....Managing compliance with procedural justice: The role of motivational postures, legitimacy and emotion. Regulatory authorities exist to ensure that members of the public comply with their obligations under the law. At the same time, however, regulators should not exercise their authority in ways that result in the alienation of the public. Using social science methodology, this project will examine the role that procedurally fair regulation can play in promoting trust and confidence in authorities. The national and community benefits of this project will include ascertaining how greater levels of cooperation and compliance with regulatory decisions and laws can be facilitated; particularly among those who may feel disgruntled with their experiences with authority.Read moreRead less
Developing a Regulatory Framework for Mass DNA Screenings: A comparative study of public requests by crime investigators for bodily samples. The aim of the proposed study is to devise a principled model for regulating the performance of mass DNA screenings by Australian police. A ?mass DNA screening? is a public appeal by criminal investigators for bodily samples in order to test whether donors can be linked to a particular unsolved crime. Recent law reform inquires have recognised that the var ....Developing a Regulatory Framework for Mass DNA Screenings: A comparative study of public requests by crime investigators for bodily samples. The aim of the proposed study is to devise a principled model for regulating the performance of mass DNA screenings by Australian police. A ?mass DNA screening? is a public appeal by criminal investigators for bodily samples in order to test whether donors can be linked to a particular unsolved crime. Recent law reform inquires have recognised that the various legal regimes governing mass DNA screenings are inadequate in many respects. The study will develop a new regulatory framework suitable for implementation in all Australian jurisdictions through a principled consideration of laws and recent practice in Australian and comparative jurisdictions.Read moreRead less
Coherent, independent and user-friendly? Participant perceptions of social security administrative review processes in Australia and Britain. The capacity to exercise rights associated with citizenship, and to participate meaningfully in community life, is significantly affected by access to financial security and by community confidence in the independence and fairness of systems of entitlement review. This research will examine recent developments in Australian social security review mechanism ....Coherent, independent and user-friendly? Participant perceptions of social security administrative review processes in Australia and Britain. The capacity to exercise rights associated with citizenship, and to participate meaningfully in community life, is significantly affected by access to financial security and by community confidence in the independence and fairness of systems of entitlement review. This research will examine recent developments in Australian social security review mechanisms, in both policy and practice. It is of national significance as it will demonstrate the extent to which statutory objectives of fairness, comprehensibility and accessibility are achieved, particularly from the perspectives of participants in appeals. The research has critical implications for legislation, policy and practice in administrative law and tribunal practice. Read moreRead less
Agreements, Treaties and Negotiated Settlements with Indigenous Peoples in Settler States: their role and relevance for Indigenous and other Australians. The project aims to examine treaty and agreement making with Indigenous Australians, including legal history and foundations, and the nature of the legal rights encompassed by agreements and treaties. It would include an audit of the current state of agreements with Indigenous parties, their purposes, status and outcomes; and would include inte ....Agreements, Treaties and Negotiated Settlements with Indigenous Peoples in Settler States: their role and relevance for Indigenous and other Australians. The project aims to examine treaty and agreement making with Indigenous Australians, including legal history and foundations, and the nature of the legal rights encompassed by agreements and treaties. It would include an audit of the current state of agreements with Indigenous parties, their purposes, status and outcomes; and would include international comparative research on treaty and agreement making. Outcomes would include a database on treaties and agreements in Australia and overseas and publication of collected papers and would contribute to the efforts by Indigenous organisations to secure political and economic rights through agreements with governments, industry and the community.Read moreRead less
The impact of migrants on Australian public law: An historical and cultural study. Many leading cases in constitutional and administrative law since 1901 have involved migrants and non-citizens. This project explores their role in the development of public law in Australia. Selected cases will be interpreted from historical, cultural, political and legal doctrinal perspectives, to understand how migrants have shaped the public discourse on judicial review, power of the Executive and human righ ....The impact of migrants on Australian public law: An historical and cultural study. Many leading cases in constitutional and administrative law since 1901 have involved migrants and non-citizens. This project explores their role in the development of public law in Australia. Selected cases will be interpreted from historical, cultural, political and legal doctrinal perspectives, to understand how migrants have shaped the public discourse on judicial review, power of the Executive and human rights. In mapping the impact of migrants on Australian law and society (and, ultimately, national identity), it will contribute to current debates about public law, and assist understanding of citizenship, immigration, sovereignty, and the proper scope of judicial review.
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The Governance of Defiance. Defiance is a threat to social order. For this reason sanctioning institutions are in place to punish the defiant through legal, financial and sometimes physical means. The institutional rationale is that, at worst defiance will be silenced and at best, compliance will take its place. Increasingly, adverse and unexpected consequences of dealing with defiance in this way have been exposed. To be accountable for their actions, therefore, authorities have begun to develo ....The Governance of Defiance. Defiance is a threat to social order. For this reason sanctioning institutions are in place to punish the defiant through legal, financial and sometimes physical means. The institutional rationale is that, at worst defiance will be silenced and at best, compliance will take its place. Increasingly, adverse and unexpected consequences of dealing with defiance in this way have been exposed. To be accountable for their actions, therefore, authorities have begun to develop more responsive and deliberative systems. But they also need to know how to read defiance. When is defiance an inappropriate response to a more than reasonable request? And when is defiance a reflection of institutional failure? This project can inform such decision making.Read moreRead less
Auditing the Victorian Charter: Australian and international perspectives on applied human rights. This project is a detailed legal, government and policy case study of the most important human rights initiative in recent Australian history. It will provide research and new knowledge in key areas of human rights: the operation of human rights Bills, links between human rights and social disadvantage, education and community attitudes, and strategic government implementation. The project will d ....Auditing the Victorian Charter: Australian and international perspectives on applied human rights. This project is a detailed legal, government and policy case study of the most important human rights initiative in recent Australian history. It will provide research and new knowledge in key areas of human rights: the operation of human rights Bills, links between human rights and social disadvantage, education and community attitudes, and strategic government implementation. The project will develop a new policy tool (a national Audit) to monitor, plan and strengthen human rights in government and the community, and contribute to better social wellbeing and stronger democracy in Australia.Read moreRead less
New Trends in Foundation Formation. The encouragement of philanthropic giving is a current priority of governments globally. The creation of foundations is one strategy for expanding philanthropic activity, with profound implications for public policy and existing foundations. Working with Philanthropy Australia, this study will explore the concept of charitable foundations and recent trends in foundation formation such as the development of 'community owned? enterprises and pressures on busin ....New Trends in Foundation Formation. The encouragement of philanthropic giving is a current priority of governments globally. The creation of foundations is one strategy for expanding philanthropic activity, with profound implications for public policy and existing foundations. Working with Philanthropy Australia, this study will explore the concept of charitable foundations and recent trends in foundation formation such as the development of 'community owned? enterprises and pressures on business to become more 'socially responsible'. The study will produce data of vital importance to informed policy making and to the effectiveness of philanthropic foundations.Read moreRead less