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
The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to o ....The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to overcome them it will help to stabilise dispute resolution policies and reduce the need for review and adjustment in the future.Read moreRead less
Strengthening the Human Rights Focus of Anti-Discrimination Law and Practice. Australian anti-discrimination legislation aims to promote and protect human rights, but its impact has been limited by reliance on private, individualised complaint-handling processes, and by the limited capacity of anti-discrimination agencies to engage in broader inquiries or litigation strategies. This project will determine how to maximise awareness and protection of human rights through the discrimination complai ....Strengthening the Human Rights Focus of Anti-Discrimination Law and Practice. Australian anti-discrimination legislation aims to promote and protect human rights, but its impact has been limited by reliance on private, individualised complaint-handling processes, and by the limited capacity of anti-discrimination agencies to engage in broader inquiries or litigation strategies. This project will determine how to maximise awareness and protection of human rights through the discrimination complaint-handling process, the management of anti-discrimination litigation, and/or the use of other agency functions and powers. By incorporating both the conciliation and litigation aspects of anti-discrimination procedures, systematically examining international models, and involving one of the anti-discrimination agencies as industry partner, the project is designed to contribute significantly to the implementation of human rights in Australia.Read moreRead less
Establishing Guidelines for Coronial Best Practice Use of Internal Autopsy. Last year in Queensland 2700 Coronial internal autopsies were conducted at a cost of $5.3 million. In addition to the economic cost, other relevant concerns include few qualified personnel, public health risks, and cultural and religious sensitivities associated with internal autopsy. Anecdotal evidence suggests that for a number of these deaths, the internal autopsy was not necessary to establish cause or circumstance ....Establishing Guidelines for Coronial Best Practice Use of Internal Autopsy. Last year in Queensland 2700 Coronial internal autopsies were conducted at a cost of $5.3 million. In addition to the economic cost, other relevant concerns include few qualified personnel, public health risks, and cultural and religious sensitivities associated with internal autopsy. Anecdotal evidence suggests that for a number of these deaths, the internal autopsy was not necessary to establish cause or circumstance of death. The purpose of this research is to create guidelines to enable coroners to weight all sources of evidence before ordering internal autopsies The purpose is to decrease the number (and associated costs, risks and distress to families) of unnecessary internal autopsies being performed without compromising the finding as to cause and circumstance of death.Read moreRead less
Sentencing Indigenous offenders of partner violence: A fundamental comparative analysis of Indigenous sentencing courts and specialist family violence courts. Courts are often used for rehabilitating offenders, however, there is usually little thought and planning put into the development of court processes so that they can achieve their goals. Since specialist courts are being used to sentence Indigenous offenders of partner violence it is important to make the court experience more meaningfu ....Sentencing Indigenous offenders of partner violence: A fundamental comparative analysis of Indigenous sentencing courts and specialist family violence courts. Courts are often used for rehabilitating offenders, however, there is usually little thought and planning put into the development of court processes so that they can achieve their goals. Since specialist courts are being used to sentence Indigenous offenders of partner violence it is important to make the court experience more meaningful for such offenders so that a reduction of violence in Indigenous communities can begin to occur. The economic and social benefits of reducing violence have direct effects on the individuals affected, and wider, long-term effects on generating more harmonious and cohesive Indigenous families and communities. Read moreRead less
Women and Legal Aid: Identifying Disadvantage. Gender bias in legal aid provision has been identified as a source of women's social inequality. Given restricted legal aid budgets, however, the focus of concerns about gender bias must become whether any particular groups of women are disadvantaged in access to legal aid. This project will determine the impact of current legal aid funding practices on rural and regional women, Indigenous women, and other groups of women, in order to identify unmet ....Women and Legal Aid: Identifying Disadvantage. Gender bias in legal aid provision has been identified as a source of women's social inequality. Given restricted legal aid budgets, however, the focus of concerns about gender bias must become whether any particular groups of women are disadvantaged in access to legal aid. This project will determine the impact of current legal aid funding practices on rural and regional women, Indigenous women, and other groups of women, in order to identify unmet needs, and assist in the better targeting of scarce resources. The results of the research will provide a valuable input into the future development of legal aid policy and services for the most disadvantaged women.Read moreRead less
Australian innovations in legal aid services: balancing cost and client needs. Australian legal aid innovations are at the forefront of international practice. Over the past decade, Australian Legal Aid Commissions have reduced the number of grants for legal representation, while introducing a range of new services, many of which are designed to assist clients to solve their own dispute out of court, or to undertake much of the work associated with court proceedings themselves. The project will ....Australian innovations in legal aid services: balancing cost and client needs. Australian legal aid innovations are at the forefront of international practice. Over the past decade, Australian Legal Aid Commissions have reduced the number of grants for legal representation, while introducing a range of new services, many of which are designed to assist clients to solve their own dispute out of court, or to undertake much of the work associated with court proceedings themselves. The project will subject these new services to independent evaluation and scholarly analysis. Its results will provide a valuable input into the future development of legal aid policy and services, and assist in achieving a desirable and cost-effective balance between litigation legal aid, 'outside litigation' and self-help options.Read moreRead less
Access to Justice Without Lawyers: Understanding Legal Self-Help in Australia. While legal self-help is extensively practised, it is not well understood. Some people choose to do their own legal work while others have no option. The project will use case studies to identify the circumstances (in terms of context, user characteristics and available support) in which self-help is most likely to benefit the user as well as where such self-help should not be promoted. The project will benefit govern ....Access to Justice Without Lawyers: Understanding Legal Self-Help in Australia. While legal self-help is extensively practised, it is not well understood. Some people choose to do their own legal work while others have no option. The project will use case studies to identify the circumstances (in terms of context, user characteristics and available support) in which self-help is most likely to benefit the user as well as where such self-help should not be promoted. The project will benefit governments, courts, private companies, legal aid commissions, community legal centres and other agencies, all of which provide information services designed to assist people to handle law-related work themselves. Read moreRead less
Conceiving and Implementing National Integrity Systems Assessments (NISA). Integrity and corruption are conceptually linked opposites. Integrity systems (or 'ethics regimes') are the most powerful tools for dealing with corruption. They involve a range of institutions, law, procedures, practices and attitudes which encourage integrity and discourage/sanction its absence among public servants and those who might wish to corrupt them. This project will examine the way Australian government and bus ....Conceiving and Implementing National Integrity Systems Assessments (NISA). Integrity and corruption are conceptually linked opposites. Integrity systems (or 'ethics regimes') are the most powerful tools for dealing with corruption. They involve a range of institutions, law, procedures, practices and attitudes which encourage integrity and discourage/sanction its absence among public servants and those who might wish to corrupt them. This project will examine the way Australian government and business integrity systems (some of which have received international praise for their design and conception) function in order to improve their operation in Australia and to provide examples for other countries.Read moreRead less
An Institutional Framework to Facilitate Sustainable and Integrated Natural, Cultural and Built Resources Governance. Effective management of natural and cultural resources for sustainability is an urgent national priority. The laws and policies governing land ownership and use are outdated, complex, disjointed and fail to provide coherent information to decision makers responsible for managing natural and cultural resources. This presents a significant barrier to ensuring sustainable developmen ....An Institutional Framework to Facilitate Sustainable and Integrated Natural, Cultural and Built Resources Governance. Effective management of natural and cultural resources for sustainability is an urgent national priority. The laws and policies governing land ownership and use are outdated, complex, disjointed and fail to provide coherent information to decision makers responsible for managing natural and cultural resources. This presents a significant barrier to ensuring sustainable development of resources jeopardising Australia's future environmental well being. This research aims to be the first to provide a legal and policy framework which integrates land ownership and principles of sustainable development to facilitate greater understanding and management of our environmental and social obligations for future generations. Read moreRead less