Flexibility for working parents in the 'hybrid' fair work system. The Fair Work Act (2009) establishes a novel 'hybrid' system of workplace regulation encompassing individual rights and processes and a new collective bargaining regime. This project investigates how the new framework can be utilised to establish flexible working arrangements for the benefit of families, employers and society.
The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the p ....The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the project will provide a solid basis for shifting the prevailing focus on parents’ needs in application of the law toward more child-responsive parenting arrangements. This new knowledge will support parents and professionals to achieve child-responsive approaches to post-separation parenting arrangements, reducing potentially adverse impacts of parental separation on children, and benefitting children, families and the community.Read moreRead less
Post-separation co-parenting apps: Can they help families avoid conflict? This project aims to examine the role and effectiveness of smartphone apps in supporting families to respond to the many challenges of post-separation co-parenting. In an increasingly digital landscape where poor app choices can have serious consequences for families, this knowledge is urgently needed by parents and family law practitioners. This project expects to deliver a comprehensive understanding of the benefits and ....Post-separation co-parenting apps: Can they help families avoid conflict? This project aims to examine the role and effectiveness of smartphone apps in supporting families to respond to the many challenges of post-separation co-parenting. In an increasingly digital landscape where poor app choices can have serious consequences for families, this knowledge is urgently needed by parents and family law practitioners. This project expects to deliver a comprehensive understanding of the benefits and risks of digital divorce apps. Expected outcomes include the first web-based decision-making tool to help separated parents make important decisions about managing post-separation communication. This should provide significant benefits, including a reduced risk of parental conflict and better outcomes for children.Read moreRead less
Choosing Litigation to Resolve International Law Disputes in the Protection of Australia's Offshore Assets, Its Citizens and Foreign Trade. The potential benefits of this project are far-reaching, as it not only advances scholarly knowledge of the role of litigation in international dispute settlement, but is also intended to promote better governmental, legal, political, and community understanding of international dispute settlement options and to ensure that international law disputes are res ....Choosing Litigation to Resolve International Law Disputes in the Protection of Australia's Offshore Assets, Its Citizens and Foreign Trade. The potential benefits of this project are far-reaching, as it not only advances scholarly knowledge of the role of litigation in international dispute settlement, but is also intended to promote better governmental, legal, political, and community understanding of international dispute settlement options and to ensure that international law disputes are resolved for Australia's benefit. Through the development of a comprehensive and integrated framework for deciding on resort to litigation, this project will enhance Australia's relationships with neighbouring states and allies through successful use of dispute settlement techniques in relation to issues of economic, social and security importance to Australia.Read moreRead less
The socio-legal implications of donor linking. This project aims to understand the impact of donor linking on individual and familial identities and relationships, and the consequences of the growing prevalence of non-statutory linking, such as direct-to-consumer genetic testing and online technologies, for formal regulatory frameworks. Donor linking is the process by which donor-conceived people, donors, and recipient parents access each other's identifying information. Australia is a world lea ....The socio-legal implications of donor linking. This project aims to understand the impact of donor linking on individual and familial identities and relationships, and the consequences of the growing prevalence of non-statutory linking, such as direct-to-consumer genetic testing and online technologies, for formal regulatory frameworks. Donor linking is the process by which donor-conceived people, donors, and recipient parents access each other's identifying information. Australia is a world leader in statutory linking, but reform has not been matched by equivalent levels of research on the consequences of the practice. This project will constitute an evidence-based platform from which donor-linking law, policy and services can develop domestically and overseas.Read moreRead less
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
Building Human Rights in the Region through Horizontal Transnational Networks: the Role of the Asia Pacific Forum of National Human Rights Institutions. The observance of human rights is an important element of social cohesion and stability in the countries of the region. This project undertakes an evaluation of a regional public network of national human rights institutions, the Asia Pacific Forum of National Human Rights Institutions, and assesses the extent to which a cooperative horizontal e ....Building Human Rights in the Region through Horizontal Transnational Networks: the Role of the Asia Pacific Forum of National Human Rights Institutions. The observance of human rights is an important element of social cohesion and stability in the countries of the region. This project undertakes an evaluation of a regional public network of national human rights institutions, the Asia Pacific Forum of National Human Rights Institutions, and assesses the extent to which a cooperative horizontal endeavour like the Forum can effectively promote and facilitate the implementation of shared international goals in the field of human rights. The research findings will contribute to improved policymaking for the promotion of the implementation of human rights and other international good governance goals in the region. Read moreRead less
The end of Westphalia? Re-envisioning Sovereignty. This initial project aims to undertake a systematic re-evaluation of state sovereignty. In doing so, we seek to reconceptualise the meaning of sovereignty, how that meaning has changed over time according to a variety of historical conditions, and the implications of this for traditional Westphalian conceptions during a time when state authority is increasingly challenged by an array of new actors. The broader project will then build on the new ....The end of Westphalia? Re-envisioning Sovereignty. This initial project aims to undertake a systematic re-evaluation of state sovereignty. In doing so, we seek to reconceptualise the meaning of sovereignty, how that meaning has changed over time according to a variety of historical conditions, and the implications of this for traditional Westphalian conceptions during a time when state authority is increasingly challenged by an array of new actors. The broader project will then build on the new possibilities for the evolution of sovereignty, first by suggesting necessary changes to existing legal and political institutions, and secondly by offering practical policy recommendations for states.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE140101253
Funder
Australian Research Council
Funding Amount
$392,360.00
Summary
The Politics of International Criminal Justice after the Arab Uprisings. This project interrogates how international criminal law can reshape state-society relations in periods of transition after conflict or repressive rule. Since late 2011, socio-political and legal change has swept across the Middle East and North Africa, requiring us to understand the role that various forms of national and international law can play in redressing past wrongs. Through interviews with lawyers, judges and memb ....The Politics of International Criminal Justice after the Arab Uprisings. This project interrogates how international criminal law can reshape state-society relations in periods of transition after conflict or repressive rule. Since late 2011, socio-political and legal change has swept across the Middle East and North Africa, requiring us to understand the role that various forms of national and international law can play in redressing past wrongs. Through interviews with lawyers, judges and members of civil society in Libya, Palestine and Syria, this research will provide a rich account of the nature of the emerging Arab state and how it is shaped by international law and notions of individual criminal responsibility.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL150100061
Funder
Australian Research Council
Funding Amount
$2,574,623.00
Summary
Civil War, intervention and international law. Civil war, intervention and international law: This fellowship project aims to answer the question of whether and if so when it is lawful for external actors to intervene in support of parties to a civil war. The urgency of this question and the difficulty of finding general principles to address it are illustrated by the intensity of debates about the legality of American intervention in Iraq and Syria and of Russian intervention in Ukraine. This p ....Civil War, intervention and international law. Civil war, intervention and international law: This fellowship project aims to answer the question of whether and if so when it is lawful for external actors to intervene in support of parties to a civil war. The urgency of this question and the difficulty of finding general principles to address it are illustrated by the intensity of debates about the legality of American intervention in Iraq and Syria and of Russian intervention in Ukraine. This project expects to build an interdisciplinary team to develop new legal concepts to make sense of the responsibilities of external actors in civil war, taking into account new norms and practices developed to protect civilians and to fight terrorism. It aims to provide governments, parliaments, and the public, with a framework for understanding the legal issues involved in decisions about intervention.Read moreRead less