Non-Discrimination Laws and Religious Freedom: Current Conflicts and Future Directions. Achieving the right balance between adequately protecting religious freedom while staying true to principles of non-discrimination is far from easy. This project will advance understanding and analysis of religious freedom and equal treatment in Australia, in principle, in law and empirically. In the context of community tensions along ethno-religious lines, it will benefit Australia to have the issues at st ....Non-Discrimination Laws and Religious Freedom: Current Conflicts and Future Directions. Achieving the right balance between adequately protecting religious freedom while staying true to principles of non-discrimination is far from easy. This project will advance understanding and analysis of religious freedom and equal treatment in Australia, in principle, in law and empirically. In the context of community tensions along ethno-religious lines, it will benefit Australia to have the issues at stake described and clarified. The project will identify the relevant interests at stake and develop policy recommendations for their protection. The aim is to contribute to inter-religious (and inter-cultural) harmony, as an element of safeguarding Australia.Read moreRead less
Islamic Law in Contemporary Indonesia. Law is at the heart of Islam and the absence of a distinction between religion and law creates inherent tension between Islamic law (syariah) and the modern nation state. As the Indonesian state struggles to redefine itself post-Soeharto, syariah's role has again become contested. Modern scholarship has, however, ignored contemporary Indonesian Islamic law. Working with leading Indonesian Muslim scholars this project will investigate Islamic legal institu ....Islamic Law in Contemporary Indonesia. Law is at the heart of Islam and the absence of a distinction between religion and law creates inherent tension between Islamic law (syariah) and the modern nation state. As the Indonesian state struggles to redefine itself post-Soeharto, syariah's role has again become contested. Modern scholarship has, however, ignored contemporary Indonesian Islamic law. Working with leading Indonesian Muslim scholars this project will investigate Islamic legal institutions, substantive law and jurisdiction, surveying lawyers, judges and litigants. It will build bridges between Western, Indonesian and Middle-Eastern Islamic jurisprudence to expand Australian understandings of Indonesian Islam at a critical moment in bilateral relations.Read moreRead less
Islam and Modernity: Syari'ah, Terrorism and Governance in South-East Asia. Our region faces major political and legal challenges in the post-Cold War era, one of the most important of which is militant Islam. Australia has historically paid little attention to the implications of its location immediately to the south of the world's largest Muslim populations but 9/11 and Islamic terrorism in SE Asia have shown that regional Islam is of direct strategic and security importance for our welfare. T ....Islam and Modernity: Syari'ah, Terrorism and Governance in South-East Asia. Our region faces major political and legal challenges in the post-Cold War era, one of the most important of which is militant Islam. Australia has historically paid little attention to the implications of its location immediately to the south of the world's largest Muslim populations but 9/11 and Islamic terrorism in SE Asia have shown that regional Islam is of direct strategic and security importance for our welfare. There is, however, a significant gap in Australian understandings of Islam and Islamic law (syari'ah) and their implications for regional governance. This program addresses this gap, updates scholarship on SE Asian syari'ah, informs Australian foreign policy and builds bridges with SE Asian Muslim scholars and lawyers.Read moreRead less
Islamic Law in Contemporary Malaysia, Singapore and Brunei: The Anglo-Malay Madhhab. Islam is a fundamentally legalistic religion: law and religion are largely inseparable. In the last decade radical Islamic interpretations of sharîah (Islamic law) in SE Asia have led to increasingly militant responses to modernity and the secular state, that have come to threaten Australians. Through a detailed examination of legal theory, current intellectual debates, legal institutions and substantive law in ....Islamic Law in Contemporary Malaysia, Singapore and Brunei: The Anglo-Malay Madhhab. Islam is a fundamentally legalistic religion: law and religion are largely inseparable. In the last decade radical Islamic interpretations of sharîah (Islamic law) in SE Asia have led to increasingly militant responses to modernity and the secular state, that have come to threaten Australians. Through a detailed examination of legal theory, current intellectual debates, legal institutions and substantive law in Malaysia, Singapore and Brunei, the project offers a more complete understanding of Islam and law in the archipelago to Australia's North. It will update current knowledge but will also build bridges with Muslim scholars and lawyers in the regionRead 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
Discovery Early Career Researcher Award - Grant ID: DE200100483
Funder
Australian Research Council
Funding Amount
$424,309.00
Summary
Digital Mental Health Care and the Law. ‘Digital mental health care’ is advancing rapidly in Australia, outpacing legal regulation. This project aims to provide new understanding of the medico-legal issues and develop a nuanced set of principles to guide legal frameworks for digital mental health technologies. The project will expand Australia’s knowledge of digital modalities in mental health care to optimise support services, protect patient privacy, uphold user safety and minimise risk to ind ....Digital Mental Health Care and the Law. ‘Digital mental health care’ is advancing rapidly in Australia, outpacing legal regulation. This project aims to provide new understanding of the medico-legal issues and develop a nuanced set of principles to guide legal frameworks for digital mental health technologies. The project will expand Australia’s knowledge of digital modalities in mental health care to optimise support services, protect patient privacy, uphold user safety and minimise risk to individuals and communities. The research is expected to improve mental health care by assisting people with mental health conditions, health practitioners, government agencies, courts and the broader public to use digital mental health technologies safely and effectively.Read moreRead less
Undocumented Migrants- Unearthing Knowledge on a Key Source of Farm Labour. The Australian horticulture industry has endemic labour challenges, both in terms of labour supply challenges and a systemic problem of non-compliance with labour standards. A core component of both problems is the entrenched reliance on undocumented migrants. Given complex supply chains transiting fresh fruit and vegetables from the farm to the consumer, undocumented workers are largely invisible. There is very little ....Undocumented Migrants- Unearthing Knowledge on a Key Source of Farm Labour. The Australian horticulture industry has endemic labour challenges, both in terms of labour supply challenges and a systemic problem of non-compliance with labour standards. A core component of both problems is the entrenched reliance on undocumented migrants. Given complex supply chains transiting fresh fruit and vegetables from the farm to the consumer, undocumented workers are largely invisible. There is very little research on undocumented workers on farms. Addressing this critical Australian and international knowledge gap, this project is the first study to comprehensively analyse the role of undocumented migrants in the horticulture industry from a multi-stakeholder approach, involving government, employers and workers.Read moreRead less
Post-separation parenting and financial settlements: the long-term financial impacts of shared care. This proposal's focus on financial and parenting arrangements over time is both important and timely given increasing focus on shared post-separation parenting in Australia and internationally. By considering the impact of changes in shared care over time on financial decisions made at separation (especially property division), this proposal will establish how to embody in financial arrangements ....Post-separation parenting and financial settlements: the long-term financial impacts of shared care. This proposal's focus on financial and parenting arrangements over time is both important and timely given increasing focus on shared post-separation parenting in Australia and internationally. By considering the impact of changes in shared care over time on financial decisions made at separation (especially property division), this proposal will establish how to embody in financial arrangements the long-term changes associated with shared parenting. This will enable us to empower separating couples, their advisers and courts to make financial settlements which reduce the potentially adverse financial and social impacts of post-separation financial arrangements on children, carers, and our social security system.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
Administrative justice in China: harnessing the rule of law to deal with citizen complaints against official misconduct. Ongoing conflicts between citizens and government officials in China pose a serious threat to the country’s social stability. Dealing fairly and efficiently with citizens’ complaints of administrative misconduct is a core component of China’s commitment to good governance and the rule of law. This legal project undertakes the first systematic examination of the three mechanism ....Administrative justice in China: harnessing the rule of law to deal with citizen complaints against official misconduct. Ongoing conflicts between citizens and government officials in China pose a serious threat to the country’s social stability. Dealing fairly and efficiently with citizens’ complaints of administrative misconduct is a core component of China’s commitment to good governance and the rule of law. This legal project undertakes the first systematic examination of the three mechanisms underpinning administrative justice in China and their interaction: administrative litigation, administrative review, and letters and visits. It will assess China’s capacity to use law to address chronic abuse of power. It will provide a practical understanding of the changing nature of China’s commitment to the rule of law and the implications for Australia.Read moreRead less