Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair W ....Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair Work Commission to conduct a ballot. It will examine the impact of the ballot requirement and statutory process on decision-making by bargaining representatives and subsequent employee access to industrial action in order to understand the effect of the regulatory scheme on enterprise bargaining behaviour. It is the first empirical study of strike ballots, analysing an important public policy area.Read moreRead less
Just spaces: security without prejudice in the wireless courtroom. How do jurors respond to seeing defendants in a glass cage, in a traditional wooden dock or at the Bar table? The project will examine how courtroom design shapes attitudes; and, bringing together court executives, architects and researchers, will show how flexible wireless courtrooms can meet both security and human rights standards.
Using law and ending domestic violence: Women's voices. Domestic violence severely damages communities across the globe and law is recognised as a key mechanism for prevention and redress. This project aims to undertake a longitudinal study examining how women of diverse backgrounds use law to help them live a life free of violence. It will investigate what influences women's decisions to choose particular legal interventions but not others, and will identify any unintended consequences flowing ....Using law and ending domestic violence: Women's voices. Domestic violence severely damages communities across the globe and law is recognised as a key mechanism for prevention and redress. This project aims to undertake a longitudinal study examining how women of diverse backgrounds use law to help them live a life free of violence. It will investigate what influences women's decisions to choose particular legal interventions but not others, and will identify any unintended consequences flowing from legal engagement. This project aims to highlight what contributes to women’s satisfaction and sense of safety resulting from legal interventions over time, to make an important contribution to community education, policy implementation and law reform, both within Australia and internationally.Read moreRead less
The presentation of expert evidence in Australian criminal trials: the role of lawyers and experts. This project will shed light on how courts, lawyers and experts can work effectively together to deliver expert evidence in the courtroom. Improving the provision and effective use of expert evidence will benefit the Australian community by providing a better quality criminal justice system.
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE110100154
Funder
Australian Research Council
Funding Amount
$200,000.00
Summary
The World Legal Information Institute European law collection: effective access to European legal information in English for Australian researchers. This facility will provide the most comprehensive collection of free access English language databases of European legal materials (both national and supra-national) and allow citations of European cases and articles to be tracked, improving Australian research in European law.
Discovery Early Career Researcher Award - Grant ID: DE170100945
Funder
Australian Research Council
Funding Amount
$334,000.00
Summary
Improved interviewing framework in sexual assault cases. This project aims to provide a better interview framework to be used by police in the investigation and possible prosecution of sexual assault allegations. The current interview framework used around the world was not specifically designed for adult sexual assault complainants and has been intensely criticised. This project will design a revised interview framework that meets the complex investigative and evidential requirements for these ....Improved interviewing framework in sexual assault cases. This project aims to provide a better interview framework to be used by police in the investigation and possible prosecution of sexual assault allegations. The current interview framework used around the world was not specifically designed for adult sexual assault complainants and has been intensely criticised. This project will design a revised interview framework that meets the complex investigative and evidential requirements for these interviews. This is expected to increase just outcomes and victim satisfaction with the criminal justice response.Read moreRead less
Nothing works? Re-appraising research on Indigenous-focused crime and justice programs. Research on Indigenous-focused crime and justice programs often finds little or no impact on outcomes such as reductions in re-offending. This project aims to determine whether such findings are an accurate reflection of program ineffectiveness or are a consequence of how the research was carried out. With an analysis of three case studies of crime and justice programs, this project aims to show why findings ....Nothing works? Re-appraising research on Indigenous-focused crime and justice programs. Research on Indigenous-focused crime and justice programs often finds little or no impact on outcomes such as reductions in re-offending. This project aims to determine whether such findings are an accurate reflection of program ineffectiveness or are a consequence of how the research was carried out. With an analysis of three case studies of crime and justice programs, this project aims to show why findings that show no difference in re-offending outcomes may occur, and offer a more Indigenous-centric methodology to assess program effectiveness. Comparisons will be made with indigenous methodologies used in New Zealand and Canada.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE160101542
Funder
Australian Research Council
Funding Amount
$350,000.00
Summary
Regulating internet content through notice-and-takedown. This project is designed to create a set of principles to help governments, firms and civil society organisations to address harmful online content in more sophisticated ways. Such groups are increasingly seeking to influence the intermediaries that provide internet services to take more responsibility for content on their networks. Globally, these intermediaries receive millions of requests to remove content posted by users each month. Th ....Regulating internet content through notice-and-takedown. This project is designed to create a set of principles to help governments, firms and civil society organisations to address harmful online content in more sophisticated ways. Such groups are increasingly seeking to influence the intermediaries that provide internet services to take more responsibility for content on their networks. Globally, these intermediaries receive millions of requests to remove content posted by users each month. This project seeks to understand how Australian and international intermediaries respond to takedown requests in three areas: copyright, defamation, and hate speech. It aims to create new knowledge about how intermediaries can be influenced to regulate internet content, and how due process and freedom of speech can be protected.Read moreRead less
Australian feminist judgments project: jurisprudence as praxis. This project will investigate relationships between feminist theory and practice in Australian judicial decision-making. It will highlight possibilities, limits and implications of a feminist approach to judging, through analysis of existing decisions and practices and production of a collection of imagined feminist judgments in significant cases.
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE210100043
Funder
Australian Research Council
Funding Amount
$539,000.00
Summary
The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform r ....The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform reports on AustLII to promote a greater understanding of how the balance is struck between inquisitorial fact-finding and the right to procedural fairness of participants and of how justice is delivered through the inquiry function of public bodies.Read moreRead less