Discovery Early Career Researcher Award - Grant ID: DE160101123
Funder
Australian Research Council
Funding Amount
$375,000.00
Summary
Conditional citizenship? Revocation's implications for Australians. This project aims to study the implications of the proposed citizenship changes in Australia. Spurred by a potential terrorist threat from citizens, the government has proposed expanded powers to strip a person of their Australian citizenship. Proposed as an instrument of counter-terrorism policy, the expansion of powers over citizenship also has significant implications for fundamental principles of Australian law and for the v ....Conditional citizenship? Revocation's implications for Australians. This project aims to study the implications of the proposed citizenship changes in Australia. Spurred by a potential terrorist threat from citizens, the government has proposed expanded powers to strip a person of their Australian citizenship. Proposed as an instrument of counter-terrorism policy, the expansion of powers over citizenship also has significant implications for fundamental principles of Australian law and for the very nature of Australian citizenship, which is a key legal link between individual and state. The project plans to draw on the experience of countries comparable with Australia and relevant theory. It aims to provide guidelines for policy makers and to benefit debate on the legal constitution and nature of the Australian community.Read moreRead less
Risk, Urban Fire Protection and Security Networks. Urban fire prevention is a critical field for public security and economic development. As such, it has always been shaped by factors beyond those of simple technological growth. These include major unanticipated events and the responses to them by many state and non-state agencies with divergent interests and knowledge bases. By analysing the resulting 'technological politics', the project will examine the ways in which this strategic field ....Risk, Urban Fire Protection and Security Networks. Urban fire prevention is a critical field for public security and economic development. As such, it has always been shaped by factors beyond those of simple technological growth. These include major unanticipated events and the responses to them by many state and non-state agencies with divergent interests and knowledge bases. By analysing the resulting 'technological politics', the project will examine the ways in which this strategic field has taken on a risk-based preventative orientation. This will contribute new perspectives and considerations for the assessment and development of fire prevention and urban security in the 21st century.Read moreRead less
The Limits of maritime jurisdiction: overcoming uncertainties and safeguarding Australia's interests. Research on the definition of baselines along Australia's long, complex and dynamic coastline will assist in the stable definition of the limits of its vast maritime claims. Allied to research on key oceans governance and maritime security challenges, the research will help to safeguard Australia's significant and growing marine resource interests.
The limits of disclosure: private rights, public duties and the search for accountable governance. A reliance on technical considerations such as enhanced disclosure, literacy programs and attempts to bifurcate between sophisticated and unsophisticated investors has each proved sub-optimal in the search for greater, or more accurately, effective accountability both here in Australia and internationally. The acceptance by the corporate sector to process risk allocation, develop a mutually endors ....The limits of disclosure: private rights, public duties and the search for accountable governance. A reliance on technical considerations such as enhanced disclosure, literacy programs and attempts to bifurcate between sophisticated and unsophisticated investors has each proved sub-optimal in the search for greater, or more accurately, effective accountability both here in Australia and internationally. The acceptance by the corporate sector to process risk allocation, develop a mutually endorsed formal and informal regulatory framework, and agree on clear and transparent roles and responsibilities marks a significant step forward. It is both significant and innovative that the design and implementation of the proposed strategic plan will derive from an extended exercise in deliberative democracy.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
Where are Indigenous women in the sentencing of Indigenous offenders? The project aims to explore the experience of Indigenous women in Australian courts. Legal sentencing principles for Indigenous defendants have been formulated almost exclusively with Indigenous men in mind. Insufficient research has been undertaken on whether these principles are applicable for Indigenous women. This project undertakes a qualitative analysis of local court sentencing remarks, case files and interviews with In ....Where are Indigenous women in the sentencing of Indigenous offenders? The project aims to explore the experience of Indigenous women in Australian courts. Legal sentencing principles for Indigenous defendants have been formulated almost exclusively with Indigenous men in mind. Insufficient research has been undertaken on whether these principles are applicable for Indigenous women. This project undertakes a qualitative analysis of local court sentencing remarks, case files and interviews with Indigenous women prisoners, court actors and pre-sentence reporters. It seeks to ascertain how local courts represent Indigenous women's experiences such as family violence and family responsibilities and the quality of information before sentencing courts. The project's aim is to ensure appropriate engagement with Indigenous women in courts and sentencing outcomes for Indigenous women offenders.Read moreRead less
The court as archive: rethinking the institutional role of federal superior courts of record. This project examines the institutional role of federal superior courts of record to ground an analysis of their responsibilities as curators of a significant national archive. It will provide principles for the administration of court records that respond to the competing legal and civic demands of contemporary Australian society.
Measuring and evaluating performance in securities market regulation. The global financial crisis continues to generate ‘wicked’ problems of acute social and legal complexity. These have profound implications for the theory and practice of corporate governance and financial regulation. This project will map and evaluate the interaction of rules, principles and social norms to create accountable governance mechanisms.
Enhancing court safety by managing people, places and processes. Australia will be better protected 'from terrorism and crime' by having safer courts. High-profile criminal cases can be managed more expeditiously, vulnerable participants will be able to take part more confidently in justice processes, while Australian society more generally will be protected by having courts that provide effective responses to crime while maintaining openness and respect for law. In providing a holistic analy ....Enhancing court safety by managing people, places and processes. Australia will be better protected 'from terrorism and crime' by having safer courts. High-profile criminal cases can be managed more expeditiously, vulnerable participants will be able to take part more confidently in justice processes, while Australian society more generally will be protected by having courts that provide effective responses to crime while maintaining openness and respect for law. In providing a holistic analysis of safety needs and responses, the study also provides an empirial foundation for developing 'smart information uses', ensuring that surveillance and screening technologies complement court design and training policies to create environments that are physically and psychologically safe.Read moreRead less
Allegiance and citizenship in Australian law and history. This project aims to identify a coherent and stable concept of allegiance in Australian law. Allegiance lies at the heart of Australia’s citizenship law, but Australia does not have a clear legal definition of allegiance. It is the historical key to holding or losing citizenship, and the constitutional criterion for distinguishing between citizens and aliens. Conceptions of allegiance can affect individuals, conceptions of the national co ....Allegiance and citizenship in Australian law and history. This project aims to identify a coherent and stable concept of allegiance in Australian law. Allegiance lies at the heart of Australia’s citizenship law, but Australia does not have a clear legal definition of allegiance. It is the historical key to holding or losing citizenship, and the constitutional criterion for distinguishing between citizens and aliens. Conceptions of allegiance can affect individuals, conceptions of the national community, and policies of multiculturalism and minority rights. This project will trace and interpret references to allegiance and citizenship in Australian jurisprudence, case law, legislation, executive decisions and policy. The project aims to help the public understand the rules governing membership of the Australian community.Read moreRead less