Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of plur ....Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of pluralised constituent power. Expected benefits include the generation of insights into the constitutional foundations of federal systems (including Australia), new approaches to the interpretation of federal constitutions and mapping of pathways for legitimate constitutional reform.Read moreRead less
Superannuation and divorce in Australia: an evaluation of post-reform legal practice and property settlement outcomes. The project evaluates the impact of the new Family Law Legislation Amendment (Superannunation) Act 2001, which includes superannuation as property that can be split between the parties. It investigates the ways in which the Courts, legal advisers and divorcing parties take superannuation into account when marriages end. This research assumes, on the basis of previous studies, th ....Superannuation and divorce in Australia: an evaluation of post-reform legal practice and property settlement outcomes. The project evaluates the impact of the new Family Law Legislation Amendment (Superannunation) Act 2001, which includes superannuation as property that can be split between the parties. It investigates the ways in which the Courts, legal advisers and divorcing parties take superannuation into account when marriages end. This research assumes, on the basis of previous studies, that these groups will have difficulties applying this reform in practice, and that various procedural, social and financial factors may limit the broad application of this reform. This research is crucial to ensure that the reform results in improved financial security during retirement - especially for women.Read moreRead less
Emerging technologies of warfare as a challenge to the law of armed conflict: cyber-attacks, robotics and nanotechnology. In order to reduce suffering in war, international law places limits on the ways in which the adversary can be harmed. This project will assess how the law fares in dealing with emerging technologies, such as hostile uses of computer networks, robotics and nanotechnology. It will provide guidance to policy makers on how the law can be improved.
Sexual harassment in Australia: Contexts, outcomes and prevention. Sexual harassment remains a persistent workplace issue with significant social costs. The project will examine how to most effectively prevent sexual harassment and to reduce the impact of sexual harassment for individuals and organizations where it occurs. A comprehensive analysis will be undertaken, drawing on a longitudinal study of more than 100 'targets' of sexual harassment, interviews with a wide range of employers and ext ....Sexual harassment in Australia: Contexts, outcomes and prevention. Sexual harassment remains a persistent workplace issue with significant social costs. The project will examine how to most effectively prevent sexual harassment and to reduce the impact of sexual harassment for individuals and organizations where it occurs. A comprehensive analysis will be undertaken, drawing on a longitudinal study of more than 100 'targets' of sexual harassment, interviews with a wide range of employers and external complaint handling bodies, and an analysis of formal and informal reports. The project outcomes will contribute to improved policy and practice in workplaces and human rights and assist other bodies to prevent and more effectively respond to sexual harassment.Read moreRead less
Striking Hard at crime: criminal justice practice in China today. Australia has established a bilateral human rights dialogue with China. Chinese society is increasingly violent and its crime problems are increasingly transnational in nature. Some of the crimes targeted in China's current anti-crime policy have direct impact on our political refugee policy in Australia, in particular, Falungong adherents applying for refugee status. It is therefore vital that we strengthen our knowledge of this ....Striking Hard at crime: criminal justice practice in China today. Australia has established a bilateral human rights dialogue with China. Chinese society is increasingly violent and its crime problems are increasingly transnational in nature. Some of the crimes targeted in China's current anti-crime policy have direct impact on our political refugee policy in Australia, in particular, Falungong adherents applying for refugee status. It is therefore vital that we strengthen our knowledge of this area of Asian law. This project aims to strengthen Australia's understanding of China's key politico-legal issues in order to better understand and engage with this emerging world superpower. 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
The Nature of Regulatory Compliance: An Analysis of the Responses of Business Organisations to Constitutive Regulation of Working Relationships. This project examines an under-researched area of vital importance to the effective implementation of workplace regulation. It investigates the way in which business organisations respond to four areas of labour regulation (covering occupational health and safety, unfair dismissal, equal opportunity and harassment). To what extent do these areas of regu ....The Nature of Regulatory Compliance: An Analysis of the Responses of Business Organisations to Constitutive Regulation of Working Relationships. This project examines an under-researched area of vital importance to the effective implementation of workplace regulation. It investigates the way in which business organisations respond to four areas of labour regulation (covering occupational health and safety, unfair dismissal, equal opportunity and harassment). To what extent do these areas of regulation have the capacity to bring about changes in the culture, policies and operating procedures of organisations? What obstacles that impede organisations? attempts to comply with the regulatory requirements? The project will result in the usual academic publications, and workshops for the government agencies administering the legislation involved in the study.Read moreRead less
Teachers Reporting Child Sexual Abuse: Towards Evidence-based Reform of Law, Policy and Practice. Every year, thousands of Australian children are sexually abused. This causes lifelong psychological, social and economic cost to victims. It also undermines Australia's social fabric, and costs the nation hundreds of millions of dollars annually. Early intervention promotes enhanced health and life outcomes for abused children, and teachers are well-placed to contribute to early reporting of child ....Teachers Reporting Child Sexual Abuse: Towards Evidence-based Reform of Law, Policy and Practice. Every year, thousands of Australian children are sexually abused. This causes lifelong psychological, social and economic cost to victims. It also undermines Australia's social fabric, and costs the nation hundreds of millions of dollars annually. Early intervention promotes enhanced health and life outcomes for abused children, and teachers are well-placed to contribute to early reporting of child sexual abuse. This research promotes children's healthy start to life by being the first inquiry to identify the most effective legal and practical strategies for requiring and enabling teachers to accurately report child sexual abuse. It adds further economic and social benefit by finding ways to reduce inaccurate reports of child sexual abuse.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