The legal framework of public administration: a comparative study. This project explores the relationship between administrative law and public administration in Australia, the United Kingdom and the United States. It's main aim is to give Australians generally and Australian public administrators in particular a clearer understanding of the way law frames and regulates the day-to-day implementation of public policy and programmes.
The Experiences of Parents and Children After Family Court Decisions About Relocation. This research will contribute to the improvement of decision-making about children in the family law system. It will enable an assessment of judicial decisions about whether a parent can relocate with children. It will make a unique contribution by gathering information from children and their parents about the effects of these decisions. The analysis will help parents, law-makers and judges to make better d ....The Experiences of Parents and Children After Family Court Decisions About Relocation. This research will contribute to the improvement of decision-making about children in the family law system. It will enable an assessment of judicial decisions about whether a parent can relocate with children. It will make a unique contribution by gathering information from children and their parents about the effects of these decisions. The analysis will help parents, law-makers and judges to make better decisions in this important and controversial area. This will have benefits for the happiness, health and prosperity of children and their parents. Better decision-making will also reduce the costs to government of family breakdown. Read moreRead less
Fairness and equity for victims of crime: what do victims want, and why don't they get it? The goal of the research is to assist justice and crime victims services agencies to understand their role in relation to crime victims and to develop more effective and responsive ways to meet this important social and justice challenge. The research will contribute to a better understanding how traditional legal and justice processes can be made consistent with victims' needs for procedural fairness and ....Fairness and equity for victims of crime: what do victims want, and why don't they get it? The goal of the research is to assist justice and crime victims services agencies to understand their role in relation to crime victims and to develop more effective and responsive ways to meet this important social and justice challenge. The research will contribute to a better understanding how traditional legal and justice processes can be made consistent with victims' needs for procedural fairness and equity of outcomes. The project will establish a strong theoretical and policy framework for a principled, fair and responsive justice system that is informed by the diverse interests of its constituents and consumers. This research has the support of Victims Support Australasia and in-principle agreement from four member services.Read moreRead less
Law, order and federalism in Australia. In a series of recent cases the High Court has emphasised the constitutional imperatives of judicial independence and impartiality in State court systems. These developments provide minimum human rights protections to individuals confronting criminal justice in the States. But what has not been considered is the cost of these developments. This project will investigate the uncertainty of the constitutional restrictions confronting State governments when re ....Law, order and federalism in Australia. In a series of recent cases the High Court has emphasised the constitutional imperatives of judicial independence and impartiality in State court systems. These developments provide minimum human rights protections to individuals confronting criminal justice in the States. But what has not been considered is the cost of these developments. This project will investigate the uncertainty of the constitutional restrictions confronting State governments when responding to law and order priorities, and the extent to which these have led to the frustration of policy development and experimentation across the Australian federation.Read moreRead less
Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to res ....Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to respond to periodic crises in public confidence in constructive and informed ways, rather than act in response to law and order rhetoric, linked with harsh sentencing regimes, and costly and potentially unnecessary increases in incarceration rates.Read moreRead less
Investigating the Coronial Determination of Suicide as a Category of Death. Data for suicide statistics can only come from official findings of suicide by a coroner, but this is a finding they are often reluctant to reach. The purpose of this project is to investigate how statistical calculations of suicide are dependent upon its coronial determination. The research is not only expected to result in more defensible national suicide data, it also aims to clarify the degree to which the recurrent ....Investigating the Coronial Determination of Suicide as a Category of Death. Data for suicide statistics can only come from official findings of suicide by a coroner, but this is a finding they are often reluctant to reach. The purpose of this project is to investigate how statistical calculations of suicide are dependent upon its coronial determination. The research is not only expected to result in more defensible national suicide data, it also aims to clarify the degree to which the recurrent 'problem' of suicide data may lie in the coronial construction of suicide itself. Expected benefits of the project include the clarification of the role of the coroners regarding suicide determination, and the more effective targeting of suicide prevention programs.Read moreRead less
Merits Review of Governmental Decision Making: Principles, Theory and Practice. This project will significantly enhance the quality and impact of decisions by federal courts and tribunals and raise the level of public policy debates in areas such as immigration. The concept and practice of merits review is fundamental to legal regulation of government by federal courts and tribunals. In a society that subscribes to the rule of law as a core value, accurate understanding of this concept and of t ....Merits Review of Governmental Decision Making: Principles, Theory and Practice. This project will significantly enhance the quality and impact of decisions by federal courts and tribunals and raise the level of public policy debates in areas such as immigration. The concept and practice of merits review is fundamental to legal regulation of government by federal courts and tribunals. In a society that subscribes to the rule of law as a core value, accurate understanding of this concept and of the way knowledge about merits review is communicated to administrators is essential. It will help eliminate inefficient and costly uncertainty and misunderstanding about what the law requires, and make a significant contribution to protecting the rights of individuals.Read moreRead less
Building Democracy and Justice after Conflict. Weak governance is a cause of terrorism. Australia is increasingly involved in nation-building projects, both in its region and internationally. This project will build Australia's expertise in the ways that international law can promote democracy and justice after conflict. It will develop guidelines for states and organisations involved in peace and nation-building. The project will thus contribute to safeguarding Australia by increasing Austra ....Building Democracy and Justice after Conflict. Weak governance is a cause of terrorism. Australia is increasingly involved in nation-building projects, both in its region and internationally. This project will build Australia's expertise in the ways that international law can promote democracy and justice after conflict. It will develop guidelines for states and organisations involved in peace and nation-building. The project will thus contribute to safeguarding Australia by increasing Australia's capacity to engage with, and interpret itself to, its neighbours and the broader international community, as well as by tackling the threat of terrorism.Read moreRead less
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
The evolution of cybercrime: the monitoring of serious crime in cyberspace. The research ascertains future threats in cyberspace, in particular, the role of serious criminal networks. The evidence generated will benefit law enforcement, information security industries and policy makers in terms of resource assessment, law reform, and the development of effective mutual legal assistance regimes. The data enable the monitoring of cybercrime, and generate relevant metrics that inform public educati ....The evolution of cybercrime: the monitoring of serious crime in cyberspace. The research ascertains future threats in cyberspace, in particular, the role of serious criminal networks. The evidence generated will benefit law enforcement, information security industries and policy makers in terms of resource assessment, law reform, and the development of effective mutual legal assistance regimes. The data enable the monitoring of cybercrime, and generate relevant metrics that inform public education aimed to reduce risks to individuals and organizations targeted by cybercrime. The research enables law enforcement, lawmakers and other key stakeholders to better understand and manage new cybercrime threats and to develop rapid and innovative solutions to serious forms of cybercrime.Read moreRead less