Grants
ARC Grants
| Project title: | How are decisions made in Children's Court care matters and what are the outcomes for children? |
| Researchers: | Cashmore, J |
| Grant type: | ARC Discovery Project |
| Duration: | 2013-2015 |
| Funding: | $265,401 |
| Project summary: | How are decisions made in Children's Court child protection cases and what are the outcomes for children? This research will examine, for the first time in Australia, the evidence provided to the courts, how it is used and viewed by legal and non-legal professionals, and how these link with children's experiences and their developmental outcomes. |
| Project title: | A constructive critique of the political approach to the philosophy of human rights |
| Researchers: | Campbell, T, Ivison, D, Kinley, D, Sadurski, W, West, C, Bedi, S, Pogge, T, Valentini, L, Tasioulas, J & Wenar, L |
| Grant type: | ARC Discovery Project |
| Duration: | 2013-2015 |
| Funding: | $108,620 |
| Project Summary: | This project explores the many uses of human rights discourse in contemporary politics. It focuses on an increasingly popular 'political' approach that identifies human rights as grounds for action against states which violate these rights. This project has implications for how the Human Rights (Parliamentary Scrutiny) Act 2011 should be implemented. |
| Project title: | Responsibility in criminal law |
| Researchers: | Loughnan, A |
| Grant type: | ARC Discovery Early Career Researcher Award |
| Duration: | 2013-2015 |
| Funding: | $374,906 |
| Project Summary: | The principle of criminal responsibility lies at the heart of our criminal justice systems. This project provides a systematic analysis of criminal responsibility in the context of the NSW criminal law. It engages Australian scholarship in, and enhances Australia's contribution to, an important and growing field. |
| Project title: | Comparing immigration policy in the ‘Group of Five’: Developing an evidence base for evaluating the role of policy in international migration |
| Researchers: | Crock, M, Boucher, A, Castles, S, Hiscox, M, Thielemann, E and Cully, M |
| Grant type: | ARC Linkage |
| Duration: | July 2012-June 2015 |
| Funding: | $320,000 |
| Project summary: | Testing the impact of immigration policy is an interdisciplinary, multi-national study evaluating the policy management of immigration movements over 50 years and across the five countries Australia uses as comparators. It includes a detailed study of measures to deter and otherwise control irregular migration. |
| Project title: | Cyber-racism and community resilience |
| Researchers: | Jakubowicz, M, Mason, G, Bliuc, A-M, Paradies, Y, Nasya, B, Dunn, K, Erlichster, V & Henry, A |
| Grant type: | ARC Linkage |
| Duration: | July 2012-June 2015 |
| Funding: | $173,224 |
| Project summary: |
Racism has become a significant source of social stress, facilitated through the internet, undermining community cohesion. This project will document perpetrators’ creation of racist content, internet users’ exposure to cyber-racism, the capacity of regulation to manage the impact, and how social media can help communities to resist cyber-racism. |
| Project title: | The Emerging International Law of Terrorism |
| Researchers: | Saul, B |
| Grant type: | ARC Future Fellowship |
| Duration: | November 2011-October 2015 |
| Funding: | $692,476 |
| Project summary: | This project investigates the impact of terrorism and counter-terrorism on the development of contemporary international law. It does so first through a thorough exposition of what the law now ‘is’, after much legal uncertainty since 11 September 2001. It secondly critiques that law in light of regulatory alternatives, an analysis of the values and interests served (or not) by the law, and the legitimacy of current responses. The project is significant because it addresses a key national and international security problem, utilizing distinctive empirical and theoretical approaches. The project will lead to a better understanding of the promise and limits of international law in effectively and legitimately responding to terrorist violence. |
| Project title | The Australasian Legal History Library: Creating historical depth in legal data on AustLII, to improve all legal research |
| Researchers: | Mowbray, A, Greenleaf, G; Ford, L, Nettelbeck, A, Grantham, R, Twomey, A, Finnane, M, Williams, J, Buck, A, Kercher, B, Adams, M, Foster, R, Petrow, S, Bond, C, Dorsett, S, Lunney, M, McDermott, P, Prest, W, Jones, J, Irving, H, Otlowski, M, Peterson, N |
| Grant type: | ARC LIEF Grant |
| Duration: | January-December 2012 |
| Funding: | $330,000 |
| Project summary: | The Australasian Legal History Library, to be located for free access on AustLII, will provide comprehensive legislation and case law from all colonies (subsequently Australian States, Territories or New Zealand) up to 1950. Its citator will show how these historical materials are used in current legal decisions. It will be a revolution for legal history research. |
| Project title: | Growing Inequality in Incomes and Wealth and the Taxation of Capital Income: An Economic and Legal Analysis |
| Researchers: | Apps, P, Vann, R, Rees, R & Loutzenhiser, G |
| Grant type: | ARC Discovery |
| Duration: | January 2012-December 2014 |
| Funding: | $282,000 |
| Project summary: | The research will analyse the system of capital income taxation for Australia and derive results that are wellfounded in terms of economic modeling, empirical data and feasibility of implementation. The economic analysis will address the balance between taxation of income from capital vis-à-vis labour earnings, the progressivity of tax rates on capital and labour incomes, and the role of consumption taxation. The results of this will then be developed, in the light of the legal framework surrounding the tax treatment of capital and labour income, especially of wealthier households, into an implementable set of reform proposals for the Australian tax system. |
| Project title: | Evidence-informed legal strategies for preventing cancer, heart disease and diabetes: what can Australia learn from the United States? |
| Researchers: | Magnusson, R & Gostin, L |
| Grant type: | ARC Discovery |
| Duration: | January 2012-December 2014 |
| Funding: | $212,000 |
| Project summary: | Tobacco use, poor diet, obesity and a sedentary lifestyle are the leading, preventable causes of death and disability in Australia. Achieving improvements in these lifestyle risk factors across the population could significantly boost healthy life expectancy and reduce mortality from heart disease and stroke, cancer, diabetes and tobacco-related diseases. By reviewing evidence of the effectiveness of laws for addressing these risk factors, and considering the experience of jurisdictions in the United States, this project will strengthen the capacity of policy-makers in Australia to make evidence-informed decisions about legal initiatives to prevent these diseases. |
| Project title: | A Federation of Cultures? Innovative Approaches to Multicultural Accommodation |
| Researchers: | Aroney, N & Parkinson, P |
| Grant type: | ARC Discovery |
| Duration: | January 2012-December 2014 |
| Funding: |
$181,500 |
| Project summary: | As Australia becomes increasingly diverse, we need to find new ways to accommodate minority cultures in a manner that balances minority rights with core Australian values and promotes social cohesion. This project examines how state and federal governments can better protect and support the values, beliefs and cultural practices of different cultural and religious groups, especially in matters concerning family life, community identity and freedom of conscience, within a framework of respect for human rights. The project will pursue these goals by examining developments in other countries and by building on theoretical approaches that offer more scope for innovative solutions to issues posed by Australian's unique form of multiculturalism. |
| Project title: | Judicial Perceptions of the Media: A Thematic Analysis |
| Researchers: | Rolph, D |
| Grant type: | ARC Discovery |
| Duration: | January 2012-December 2014 |
| Funding: | $106,000 |
| Project summary: | Open justice is fundamental to the rule of law. The courts rely on the media to act as 'the eyes and the ears' of the public. The media is also referred to as the 'fourth estate' - a recognition of the significant public role the media can perform in a representative democracy. However, there are other, less complimentary characterisations of the media. This project undertakes the first, comprehensive, thematic analysis of how judges perceive the media and assesses the ways in which those perceptions inform and influence judicial determinations about the media's conduct. |
| Project title: | Terrorism and the International Law of Armed Conflict |
| Researchers: | Saul, B |
| Grant type: | ARC Discovery |
| Duration: | January 2012-December 2014 |
| Funding: | $195,000 |
| Project summary: | The project comprehensively investigates the impact of transnational terrorism and counter-terrorism on the international law of armed conflict, against a background of chronic legal confusion. The first part of the project clarifies the current law through an empirical examination and exposition of what the law in the area now ‘is’, bringing more certainty to those affected by conflicts involving terrorism. The second part critiques the current law in light of various regulatory alternatives for better balancing military and humanitarian objectives, enhancing compliance by state and non-state actors, and limiting violence and human suffering. In the process, the project exposes the values and interests privileged or suppressed by the law. |
| Project title: | Testing trade mark law's image of the consumer |
| Researchers: | Burrell, R, Humphreys, M, Weatherall, K, Kelly,S, Burt, J & Richardson, M |
| Grant type: | ARC Linkage |
| Duration: | January 2012-December 2014 |
| Funding: | $250,000 |
| Project summary: | An effective trade mark law is vital both to protect consumers and to allow businesses to build brand recognition. This project seeks to put Australian trade mark law on a firmer empirical footing by bringing together experts from psychology, law and marketing to test the law's assumptions against actual consumer responses. |
| Project title: | National registration of health practitioners: a comparative study of the complaints and notification system under the national system and in NSW |
| Researchers: | Chiarella, M, Walton, M, Bennett, B, Carney, T, Kelly, P & Foster, J |
| Grant type: | ARC Linkage |
| Duration: | July 2011-June 2014 |
| Funding: | $327,870 |
| Project summary: | This project aims to compare the health practitioner complaints investigation and management processes undertaken in NSW by the Health Professional Councils Authority with the processes of the Australian Health Practitioner Regulation Agency, which operates in the remaining states and territories. To date, there has been no systematic objective comparison of the different complaints investigation processes. This study will be highly significant as it will be the first of its kind in Australia and will provide insight into complaints handling and notification at a state and national level. The national scheme itself is the subject of attention for many other countries and the study will be ground-breaking both in its methods and its focus. |
| Project title: | Indonesia's Constitutional Court: Safeguarding Democratic Transition? |
| Researchers: | Butt, S |
| Grant type: | ARC Discovery - ARC Postdoctoral Fellowship |
| Duration: | January 2011-December 2014 |
| Funding: | $300,000 |
| Project summary: | The Indonesian Constitutional Court, established in 2003, is a key institution in the post-Soeharto democratisation of Indonesia. Its two core functions are enforcement of the Constitution and the resolution of disputed electoral returns (of which there have been hundreds). These functions are central to the maintenance of Indonesia’s new democracy, yet the Court’s role and jurisprudence in election-related cases have received relatively little scholarly attention. This project will analyse the Court’s legal function as the ‘guardian’ of democracy in this densely populated and complex society, whose stability is of particular importance to Australia’s regional interests. |
| Project title: | Mekong Laws: Scales, Sites and Impacts of ‘Hard’ and ‘Soft’ Law in Mekong River Basin Governance |
| Researchers: | Johns, F, Saul, B, Hirsch, P & Boer, B |
| Grant type: | ARC Discovery |
| Duration: | January 2011-December 2013 |
| Funding: | $300,000 |
| Project summary: | The Mekong River Basin sustains approximately 70 million people across Cambodia, China, Laos, Myanmar (Burma), Thailand and Vietnam. A complex network of transnational, regional and national rules, institutions and arrangements govern its use and development – development that is a matter of escalating tension as dams affect riverine communities. This project aims to improve understanding of how those legal rules and institutions operate, and how associated legal ideas and vocabularies are affecting decision-making and distributional outcomes in the Mekong. It will seek ways that law might help deliver more equitable outcomes for the Mekong’s people, while deepening understanding of contemporary dynamics of the international legal order. |
| Project title: | Hate Crime Laws and Justice |
| Researchers: | Mason, G & Moran, L |
| Grant type: | ARC Discovery Project Grant |
| Duration: | January 2011-December 2013 |
| Funding: | $164,338 |
| Project summary: | This project will undertake the first national appraisal of hate crime laws in Australia. It will compare these laws with leading international models to provide a unique analysis of hate crime laws across national boundaries. While much research examines the criminalisation of hate from a criminal law or policy perspective, there is little work that integrates this with the literature on wider trends in criminal justice and punishment. This project will address this gap by critiquing the capacity of different models of hate crime law to balance complex and competing questions of justice that arise in both criminal law and criminology. The implications of this for theories of crime and social control will be examined. |
| Project title: | 1989 and the Rule of Law Revolutions |
| Researchers: | Sadurski, W, Krygier, M & Czarnota, A |
| Grant type: | ARC Discovery |
| Duration: | January 2011-December 2013 |
| Funding: | $300,000 |
| Project summary: | Three interrelated law-related projects gained dramatic impetus from the fall of European Communism in 1989: constitutional development, ‘dealing with the past’, and rule of law promotion. In the last 20 years, these projects have undergone a remarkable resurgence of interest and institutional experimentation worldwide. We explore them for the first time as connected parts of an overarching rule of law revolution. We lay bare the origins and sometimes conflicting rationales of this revolution and its parts, the tensions between them, the obstacles and opportunities they face, and their actual and likely levels of success. Our approach is interdisciplinary, comparative, theoretical, historical, doctrinal, and socio-legal. |
| Project title: | A comparative study of the prerogative and reserve powers in Commonwealth nations |
| Researchers: | Twomey, A |
| Grant type: | ARC Discovery |
| Duration: | January 2011-December 2013 |
| Funding: | $80,000 |
| Project summary: | The executive power of governments in Commonwealth countries is largely unwritten and uncertain in its nature and limits. This leads to controversy about its exercise (eg in Australia in the Tampa and Pape cases) and potential abuses in its exercise (eg coups in Fiji and Grenada). This project will produce a study of these unwritten executive powers in comparable Commonwealth countries, which will identify more clearly the nature of the power, its constitutional legitimacy in a system of responsible and representative government and most crucially, the limits that contain this power. It will equip those who exercise executive power with the precedents and the understanding to exercise it within its legitimate limits. |
| Project title: | The World Legal Information Institute European Law Collection: Effective access to European legal information (in English) for Australian researchers |
| Researchers: | Greenleaf, Mowbray, Vranken, Grantham, Krygier, Czarnota, McNaughton, Zagor, Svantesson, Freeland, Sadurski, W, Gillies & Blazey |
| Grant type: | ARC LIEF |
| Duration: | January-December 2011 |
| Funding: | $200,000 |
| Project summary: | European legal materials in English are available in theory to Australian researchers but not effectively accessible in practice . This project will utilise AustLII’s existing World Legal Information Institute (WorldLII) and LawCite citator infrastructures to build the European Law Collection, the most comprehensive collection of free access English language databases of European legal materials, and a citator to track citations of European cases, journal articles, treaties and legislation, at both the national level and the European level (EU, Council of Europe etc). This European Law Collection will make European law accessible as never before and create opportunities for new forms of legal scholarship. |
| Project title: | Targeted crime: policing and social inclusion |
| Researchers: | Pickering, S, Mason, G, McCulloch, J, Maher, JM, Mazerolle, L Wickes, R, Pope, J, Dickinson, A, Sargent, L & Ballek, D |
| Grant type: | ARC Linkage |
| Duration: | January 2011-December 2013 |
| Funding: | $233,000 |
| Project summary: | This project will undertake a criminological study of the policing of targeted incidents andcrime, that is, incidents and crimes motivated by bias, prejudice or hatred towardsmembers of particular groups, communities and individuals. It will develop a best practicepolicing framework for targeted crimes and incidents. |
| Project title: | Small mercies, big futures: Enhancing law, policy and practice in the selection, protection and settlement of refugee children and youth |
| Researchers: | Crock, M, Rubenstein, K, Newman, L, Gifford, S, Saul, B & Kenny, M |
| Grant type: | ARC Linkage |
| Duration: | July 2010-June 2013 |
| Funding: | $413,000 |
| Project summary: | This project will assist refugee youth and children who ultimately become Australian citizens or permanent residents. In so doing, it will help to maximise the social benefits that flow from immigration. The project will also help to reduce the risk of social dysfunction that flows from damage sustained in childhood. By raising awareness of issues involving refugee children, the project will encourage Australians to become more responsive to children generally. Finally, the international exposure generated by the project will assist in restoring Australia’s international reputation, which has been damaged by poor practices in relation to refugee youth and children in the past. |
| Project title: | Taxation, family policy and pension reform in an uncertain economy |
| Researchers: | Apps, P, Booth, A, Breunig, R, Rees, R & van Soest, A |
| Grant type: | ARC Discovery |
| Duration: | January 2010-December 2012 |
| Funding: | $580,000 |
| Project Summary: | The policies with which this research is concerned are central in determining the well being of millions of Australians in both current and future generations. It is important that these policies be debated and formulated on the basis of the best possible conceptual framework and with the most reliable possible quantitative assessments of their effects. It is also important that the policies concerned be considered jointly rather than in isolation from each other. The work will therefore directly assist policy makers in this area. Since it will be at the leading edge of current research, it will also benefit Australia's standing in the international research community. |
| Project title: | The design and application of taxation laws to domestic and cross-border transactions triggered by carbon emission trading schemes |
| Researchers: | Black, C, Burns, L & Milne, J |
| Grant type: | ARC Discovery |
| Duration: | January 2010-December 2012 |
| Funding: | $217,000 |
| Project summary: | The introduction of a national emissions trading scheme is the cornerstone of the Australian Government's response to climate change, the Carbon Pollution Reduction Scheme. The goal of this and other similar emissions trading schemes is the reduction of carbon emissions in the most cost effective manner. By promoting the harmonisation of the taxation treatment of permits on an international level, this project will promote the establishment of a uniform price for carbon and thereby support global initiatives to reduce emissions. Only a coordinated international response has the potential to reduce global emissions and therefore mitigate the impact of climate change on Australians and the Australian economy. |
| Project title: | A Comparative Constitutional History of Citizenship Law and Gender |
| Researchers: | Irving, H |
| Grant type: | ARC Discovery |
| Duration: | January 2010-December 2013 |
| Funding: | $204,000 |
| Project summary: | Australia has been a historical leader both in progressive citizenship laws for women, and in democratic constitution making. This history is relatively well known, but little attention has been paid to the constitutional dimension of citizenship law, and even less with respect to its impact on gender equality. As constitution making and modernisation increase around the world, along with growing strains on domestic regulation of citizenship in all modern countries, the place of gender equality in these processes is a central issue. This project will engage Australian scholarship in, and enhance Australia's contribution to, an important and growing field, from a comparative and trans national perspective. |
| Project title: | Financing Human Rights: Global Problems and Possibilities |
| Researchers: | Kinley, D |
| Grant type: | ARC Discovery |
| Duration: | January 2010-December 2012 |
| Funding: | $278,000 |
| Project summary: | In global terms, Australia is a rich country with a large aid budget and a strong record of supporting the international advancement of human rights standards, especially in the Asia Pacific. Australia's private sector also invests heavily in many of our neighbouring states, thereby helping to advance human rights through economic development. But human rights problems persist in many countries in our region. This project seeks to optimise the impact of the financing of human rights protection in developing countries, and thereby add significantly to the maintenance and promotion of the security, prosperity and welfare of all peoples in our region. |
| Project title: | Developing a legal framework for Indonesia's participation in an internationally sanctioned scheme for Reducing Emissions from Deforestation (and Degradation) |
| Researchers: | Lyster, R, Peden, E, Stephens, T & Butt, S |
| Grant type: | ARC Discovery |
| Duration: | January 2010 - December 2012 |
| Funding: | $224,000 |
| Project summary: | In global terms, Australia is a rich country with a large aid budget and a strong record of supporting the international advancement of human rights standards, especially in the Asia Pacific. Australia's private sector also invests heavily in many of our neighbouring states, thereby helping to advance human rights through economic development. But human rights problems persist in many countries in our region. This project seeks to optimise the impact of the financing of human rights protection in developing countries, and thereby add significantly to the maintenance and promotion of the security, prosperity and welfare of all peoples in our region. |
| Project title: | Risk, Urban Fire Protection and Security Networks |
| Researchers: | O'Malley, P |
| Grant type: | ARC Discovery |
| Duration: | January 2010 - December 2012 |
| Funding: | $255,000 |
| Project summary: | 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. |
| Project title: | Free access legal research infrastructure for the whole of the common law: Completing CommonLII |
| Researchers: | Greenleaf, G, Sappideen, C, Mowbray, A, Coper, M, Rolph, D, Selby, J, Blazey, P & Degeling, S |
| Grant type: | ARC LIEF |
| Duration: | January-December 2010 |
| Funding: | $189,410 |
| Project summary: | The Commonwealth Legal Information Institute will build on existing work to develop a comprehensive free access online legal research system covering the whole common law world, in collaboration with existing LIIs that already cover many of the countries. CommonLII will provide a consistently formatted and searchable set of decisions from all common law countries from which case law is available, with an automated case citator identifying all citation linkages between cases from all common law jurisdictions. It will be a sustainable common-law-wide research system providing previously unavailable research benefits. |
| Project title: | Juror confidence in justice: democratic participation or deference to authority? |
| Researchers: | Tait, D, Parker, S, Carney, T & Goodman-Delahunty, J |
| Grant type: | ARC Discovery |
| Duration: | January 2009-December 2011 |
| Funding: | $245,000 |
| Project summary: | Australia will be better protected from terrorism and crime if its justice system has the confidence of its citizens. Currently it does not. Without such confidence, justice offers neither a credible deterrent nor a protector of rights. Courts are typically designed and run using a hierarchical model of authority, while new therapeutic and restorative approaches make justice processes more democratic. There is little evidence of how either of these impacts on justice for participants. Understanding the process by which people develop trust during one critical adjudicative process, the jury trial, will allow juries, and other forms of lay decision making in judicial processes, to be used more effectively in the justice system. |
| Project title: | Relocation after parental separation: a longitudinal study |
| Researchers: | Parkinson, P, Cashmore, J & Chisholm, R |
| Grant type: | ARC Discovery |
| Duration: | January 2009-December 2011 |
| Funding: | $360,000 |
| Project summary: | This project is to examine the long-term outcomes of relocation disputes, when one parent after separation wants to move far away with the children against the opposition of the other parent. The study is of great international importance, as these disputes have become so numerous and difficult to resolve. The results of the study will enhance Australia's international reputation as a leader in family law innovation and research. The national benefits will include better information for courts in making relocation decisions and an evidence-base for the Government to make legislative changes if needed. |
| Project title: | The Legal Function of Serious Disability in Prenatal and Neonatal Health Care Settings |
| Researchers: | Savell, K & Karpin, I |
| Grant type: | ARC Discovery |
| Duration: | January 2009 - December 2011 |
| Funding: | $229,000 |
| Project summary: | Increasing numbers of Australians are using prenatal testing technologies to avoid having a disabled child. Australians also have access to a range of sophisticated life-sustaining technologies for premature newborns and seriously imperiled infants. Legal guidance on the appropriate uses of these technologies is piecemeal and inconsistent across Australia's States and Territories, and the meaning of serious disability varies amongst members of the community. This project will benefit Australians by providing greater consistency in decision-making about disability. This will be achieved by assessing the value of a uniform framework for governing legal responses to serious disability in the context of reproduction. |
| Project title: | The International & Humanitarian Law Library - A global dimension in Australian legal research infrastructure |
| Researchers: | Mowbray, A, Greenleaf, G, Blay, S, Byrnes, A, Rayfuse, R, Adams, M, Rothwell, D, Rubenstein, K & Triggs, G |
| Grant type: | ARC LIEF |
| Duration: | January 2009 - December 2009 |
| Funding: | $150,000 |
| Project summary: | All researchers in international and humanitarian law in Australian Law Schools will use this infrastructure to improve their research. So will similar researchers from Universities worldwide, enhancing Australia's reputation in this field. Australia's Department of Foreign Affairs and Trade, and other government agencies involved in international law, co-operation and trade, will obtain similar benefits from resources not available within government, assisting the Australian Government's moves toward greater involvement in international institutions. Researchers from non-government organisations with international engagements will benefit from free access, as will all Australians who wish to better inform themselves in these fields. |
| Project title: | A Lifecycle Approach to Labour Supply, Human Capital Accumulation and Public Policy |
| Researchers: | Apps, P, Rees, R & Walker, I |
| Grant type: | ARC Discovery |
| Duration: | January 2008-December 2010 |
| Funding: | $207,938 |
| Project summary: | Australia's rate of economic growth and tax base for funding education, health and welfare will depend crucially on future labour supply and productivity. The central aim of this project is to develop a more advanced approach to modelling the impact of education, childcare and tax polices on household labour supply decisions and human capital accumulation over the lifecycle. The significance of the project is that it will provide a better understanding of the longer-term effects of government policies on family labour supply decisions, and on gender difference that begin in the early childrearing phases and persist throughout the lifecycle. |
| Project title: | Workplace Death and Injury: Re-visiting the Regulatory Impact of Prosecution and Deterrence |
| Researchers: | McCallum, R, Jamieson, S & Schofield, T |
| Grant type: | ARC Discovery |
| Duration: | January 2008-December 2010 |
| Funding: | $345,237 |
| Project summary: | This project aims to: a) determine the deterrent capacity of recent occupational health and safety legislation in NSW (2000) and Victoria (2004); b) identify how the law and prosecution of OH&S infringement can contribute to reducing and preventing the mounting carnage and serious impairment that occurs in Australian workplaces; and c) advance current legal thinking associated with the concept of deterrence in relation to OH&S. The project will provide fresh insights into OH&S prosecution and deterrence, identifying pathways for legal prosecution to advance the achievement of workplaces that ensure the health and well-being of Australian workers and their families, and improved economic productivity. |
| Project title: | Gateways to Justice: Improving video-mediated communications for justice participants |
| Researchers: | Tait, D, Carney, T, Goodman-Delahunty, J, Lennard, C, Brawn, G, Battye, G, Blackman, D, Wallace, A, Robertson, J, Jones, D, Auty, K, Missingham, G & Refshauge, R |
| Grant type: | ARC Linkage |
| Duration: | July 2007-June 2010 |
| Funding: | $295,603 |
| Project summary: | Justice hearings are increasingly likely to employ video communication facilities to provide access for remote participants. This project brings together a critical mass of researchers from seven disciplines together with courts, prosecutors, police and technology companies to develop best practice guidelines for introducing new video technologies. The project tests the impact of technological change on participants' sense of presence and the effectiveness of communication; tests the impact of social and environmental changes; and their combined effects. Real courtroom environments are modified, based on results of the experiments, and impacts of the changes on users are measured and analysed. |
| Project title: | Safeguarding the domestic tax base in a world without investment borders |
| Researchers: | Burns, L & Krever, R |
| Grant type: | ARC Discovery |
| Duration: | January 2007-December 2009 |
| Funding: | $120,000 |
| Project summary: | The project will examine Australia's tax rules applying to investments in foreign corporations controlled by Australian residents (known as "CFCs") in the context of a changing global economy. Australia's CFC rules are based on design principles developed overseas long before globalization that are now viewed by many in the business community as a significant impediment to investment abroad. Drawing upon country experiences and the growing field of theoretical literature, the project will examine CFC design, making reform recommendations for more efficient tax rules that protect the integrity of Australia's tax base while removing unnecessary impediments to legitimate Australian investment abroad. |
| Project title: | A study of law reform and its responses to rapid social and community change |
| Researchers: | Graycar, R & Morgan, J |
| Grant type: | ARC Discovery |
| Duration: | January 2007-December 2009 |
| Funding: | $220,000 |
| Project summary: | Institutional law reform agencies, particularly law reform commissions, have been part of the legal landscape in Australia since the 1960s or 1970s. It is timely to critically examine whether in light of the rapid rate of social change in the 21st century their processes and practices remain effective and responsive. Through the use of three case studies: family law reform, laws governing defences to domestic homicide and tort law reform, we will assess the extent to which they are responsive to the concerns of those traditionally excluded from the legal mainstream. |
| Project title: | Aboriginal Women Law and Colonialism: Safe Places for Women |
| Researchers: | Watson, I & Stubbs, J |
| Grant type: | ARC Indigenous Researchers Development |
| Duration: | January 2007-December 2008 |
| Funding: | $40,000 |
| Project summary: | This project will collect, collate and analyse Australian case law from the 1820s until 1985, complementing the Chief Investigator's current review of Australian cases from 1986 to 2006. In light of the recent debate on violent crimes against Aboriginal women this project will review Australian cases that have considered questions of Aboriginal law, culture and violence against Aboriginal women, throughout Australian legal history. The decisions will be analysed to consider the courts interpretation of Aboriginal law and culture. This analysis will provide information for the framing of future conversations and policy directions concerning the safety of Aboriginal women and children. |
| Project title: | Managing Conflict in Higher Education |
| Researchers: | Astor, H |
| Grant type: | ARC Discovery |
| Duration: | January 2006-December 2007 |
| Funding: | $62,000 |
| Project summary: | Disputes in Australian universities attract extensive publicity that damages the national and international reputation of Australian universities in the local and global marketplace. Litigation and other costs amount to millions of dollars. This money could be better spent on universities' core business of teaching and research. This project will use new developments in alternative dispute resolution to help Australian universities resolve disputes more effectively. It will focus on methods of resolving disputes that save costs but are also appropriate for disputes involving important issues such as academic freedom. |
| Project title: | Gender Inequities in Health Research: Towards a New Regulatory Framework |
| Researchers: | Bennett, B, Rogers, W & Karpin, I |
| Grant type: | ARC Discovery |
| Duration: | January 2006-December 2008 |
| Funding: | $300,000 |
| Project summary: | This project will benefit Australian women by identifying better and fairer ways for the legal system to ensure that health research performed in Australia provides meaningful information about the significance of new health treatments for Australian women. The research undertaken in this project will make recommendations for the development of Australian laws and policies that will promote and maintain good health by encouraging equal participation of men and women in health research and analysis by gender of research results. This is particularly important given the ageing of the Australian population and the greater longevity of women compared to men. |
| Project title: | The Subversion of Contemporary Performance-Based Pay: A Comparative Australian-US Study |
| Researchers: | Hill, J, Thomas, R & Masulis, R |
| Grant type: | ARC Discovery |
| Duration: | January 2006-December 2008 |
| Funding: | $210,000 |
| Project summary: | The key national benefit from the project will be the development of a more informed basis for analysing, and making policy and regulatory decisions about executive remuneration, which is a matter of great community concern in Australia. The project will assess key provisions in Australian and US executive contracts, providing important comparative information about the structure and operation of performance based pay schemes. The project will also examine whether systemic problems exist in executive remuneration. The results will assist policy analysts in identifying directions for legal reform, to address problems of non alignment of interests in executive remuneration, thereby achieving fairer outcomes. |
| Project title: | GST and the Global Economy: Identifying the underlying causes of consumption tax conflicts affecting cross-border trade |
| Researchers: | Millar, R |
| Grant type: | ARC Discovery |
| Duration: | January 2006-December 2008 |
| Funding: | $140,000 |
| Project summary: | This project will provide an independent analysis of the desirability of particular types of destination based jurisdictional rule in a GST/VAT in light of their effects on global trade and revenue collection. Focussing on basic principles, the project will assess the relationship between the ideal subject of the tax (consumption) and the practical effects of existing laws (which tax their own peculiar concept of consumption). The inclusion of comparative research on developing and transition countries will enable Australia to assess the outcomes of the concurrent OECD and EC work in this area from a broader perspective and to evaluate the effects of its own laws on both global trade and the revenue of Australia and its trading partners. |
| Project title: | Lifestyle Wars: Law's role in responding to the challenges of non-communicable diseases |
| Researchers: | Magnusson, R |
| Grant type: | ARC Discovery |
| Duration: | January 2006-December 2008 |
| Funding: | $156,000 |
| Project summary: | In economic, social and personal terms, non communicable diseases impose a massive health burden upon Australian society. Law is a potent tool that could influence the economic, environmental and social structures, as well as the personal choices, that generate poor health outcomes. Very little work has been carried out on law's relationship with non communicable diseases, either in Australia or internationally. By exploring and promoting the contribution that public health law can make to health policy on non communicable diseases, this project will contribute to the promotion and maintenance of good health in Australia. |
| Project title: | Relocation after parental separation and the best interests of children |
| Researchers: | Parkinson, P, Cashmore, J & Chisholm, R |
| Grant type: | ARC Discovery |
| Duration: | January 2006-December 2008 |
| Funding: | $330,000 |
| Project summary: | The project is of importance not only for Australia, but internationally, because relocation disputes are a pressing issue around the world in family law. These disputes have become numerous as laws have changed in recent years to reflect the ideal that parents should share responsibility after separation and that children should have regular contact with both of them. This ideal clashes with the promise of divorce that individuals should be able to live their own lives without being unduly bound by ties to the other parent. This will be the world's first such prospective longitudinal study of the outcomes of relocation decisions. The national benefits will include better information for courts in making relocation decisions. |
| Project title: | Modelling the labour market and the impact of the tax-benefit system on employment and GDP |
| Researchers: | Apps, PF, Booth, A & Rees, R |
| Grant type: | ARC Discovery |
| Duration: | January 2005-December 2007 |
| Funding: | $319,000 |
| Project summary: | The aim of the project is to develop a general equilibrium model of the labour market that can provide a rigorous and empirically relevant framework for tax-benefit reform analysis. The research will test alternative hypotheses concerning the determinants of changes in female and male employment and wage dispersion. Importantly, the analysis will take account of shifts in labour demand with the substitution of market for domestic work associated with the expansion of female employment, and the crucial implications this has for GDP in an ageing population. The project will provide a more informed basis for formulating policies that can raise living standards while reducing inequality. |
| Project title: | Family Lawyers and Child-Focused Dispute Resolution: Managing Inter-Professional Relationships in the Family Law System |
| Researchers: | Rhoades, HM, Sanson, AV, Swain, PA, Astor, H |
| Grant type: | ARC Linkage |
| Duration: | January 2005 - December 2007 |
| Funding: | $64,000 |
| Project summary: | This multi-disciplinary project involving law, psychology and social work, will shed light on the facilitators and inhibitors of effective collaboration between legal and social science professionals in the family law system. It will do this by exploring the knowledge base, attitudes, norms and beliefs that underpin practice for both groups as well as contextual factors affecting collaboration. . The study is a response to government proposals to increase reliance on non-legal dispute management methods and mediation professionals to resolve post -separation parenting disputes. It aims to inform the design of better integrated professional services for separated parents in the family law system. |
| Project title: | Mental Health Tribunals: Balancing fairness, freedom, protection and right to treatment? |
| Researchers: | Carney, T, Tait, D, Chappell, D & Coumarelos, C |
| Grant type: | ARC Linkage |
| Duration: | January 2005-December 2007 |
| Funding: | $285,000 |
| Project summary: | In determining treatment options for mentally ill people, mental health tribunals must balance the person's right to treatment with rights to safety, justice and freedom from coercion. Much studied overseas, Australia lacks information about the 'fairness' of hearings. Applying popular 'therapeutic jurisprudence' literature, this project studies the impacts of hearings in three diverse Australian jurisdictions (NSW, Vic & ACT). It uses field observations, interviews and file reviews to isolate best practice reforms. Broader than overseas work, it assesses the actual and perceived fairness of hearings, and the therapeutic outcomes for patients. As in Britain, the project will inform legislative reform and tribunal practices. |
| Project title: | The World Trade Organisation and Human Rights |
| Researchers: | Kinley, D |
| Grant type: | ARC Discovery |
| Duration: | January 2005-December 2007 |
| Funding: | $240,000 |
| Project summary: | The expansion of a liberalised trade regime has special importance for a trade-dependent small economy such as that of Australia. Yet this process within the WTO, particularly after the Cancun Ministerial meeting, has stalled. This inertia has in part been caused by tensions arising from the WTO/human rights debate. There is therefore an urgent need for cutting edge, thorough, balanced research on that topic. Furthermore, the investigation of the attitudes of Australia's neighbours to the human rights/trade debate will aid friendly relations and contribute to the promotion of global security, which is enhanced by the promotion of a just global economic system. Australia also benefits by being a world leader in this crucial debate. |
| Project title: | Globalisation and Biomedicine: Harmonisation of local and global regulatory demands |
| Researchers: | Rothwell, D R & Bennett, B |
| Grant type: | ARC Discovery |
| Duration: | January 2004-December 2005 |
| Funding: | $120,000 |
| Project summary: | The pursuit of biotechnological research and development requires a clear and effective regulatory structure at both the global and national level. Australia's strengths in biotechnology and biomedicine and the Federal Government's strategy to support and promote Australian expertise demand the formulation of appropriate regulatory structures. This project will assess these issues with a focus on globalisation, Australia's federal legal system, the patient in society and health law, and the scope of effective legal regulation. The project will provide insights into and a theoretical understanding of existing global and national legal regulation of this sector as well as assisting in the formulation of future regulatory measures. |
| Project title: | The Impact of Migrants on Australian Public Law: An historical and cultural study |
| Researchers: | Crock, M & Irving, H |
| Grant type: | ARC Discovery |
| Duration: | January 2004-December 2006 |
| Funding: | $110,000 |
| Project summary: | Many leading cases in constitutional and administrative law since 1901 have involved migrants and non-citizens. This project explores their role in the development of public law in Australia. Selected cases will be interpreted from historical, cultural, political and legal doctrinal perspectives, to understand how migrants have shaped the public discourse on judicial review, power of the Executive and human rights. In mapping the impact of migrants on Australian law and society (and, ultimately, national identity), it will contribute to current debates about public law, and assist understanding of citizenship, immigration, sovereignty, and the proper scope of judicial review. |
| Project title: | Seeking Asylum Alone: The treatment of separated and trafficked children in need of refugee protection in Australia |
| Researchers: | Crock, M |
| Grant type: | ARC Linkage |
| Duration: | January 2004-December 2006 |
| Funding: | $118,196 |
| Project summary: | Forced migration is a critical human rights issue. Although increasing in number, children travelling on their own to seek protection abroad have received scant scholarly attention. No systematic research exists on the efficacy of asylum as a mechanism for protecting separated children smuggled or trafficked into Australia. Claims and experiences of such children will be catalogued and studied to determine the extent and nature of the disadvantage they face within Australia's refugee system. The findings will contribute to an international project aimed at articulating best practice guidelines for the legal treatment of separated children in refugee determination systems around the world. |
| Project title: | Legal Responses to Systemic Injuries: Towards a new paradigm for compensation |
| Researchers: | Graycar, R |
| Grant type: | ARC Discovery |
| Duration: | January 2004-December 2006 |
| Funding: | $130,000 |
| Project summary: | This research aims to identify better and fairer ways for the legal system to respond to systemic injuries, such as the taking of indigenous children from families, or widespread abuse of children in institutional settings. The tort system is under attack from the various quarters: in this context, its failure lies in its focus on harms that happen on a one-to-one, rather than a systemic basis. The research will review redress scheme established in other countries (most notably Canada and Ireland) with a view to developing better and more appropriate legal responses to widespread contemporary harms. |
| Project title: | 'Traction' or 'Turbulence' in Japanese Regulatory Style? 'An Empirical Analysis of Japanese Commercial Law Reform since the 1990s |
| Researchers: | Nottage, L, Wolff, L &Anderson, K |
| Grant type: | ARC Discovery |
| Duration: | January 2004-December 2006 |
| Funding: | $195,000 |
| Project summary: | A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's "traction" to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more "turbulent" process of law reform - one that is complex, conflicting, unpredictable and ongoing. Empirically testing this hypothesis against Japan's wave of commercial law reforms since the 1990s, this project aims to develop a model of legal and regulatory change in Japan. A model is of strategic importance for Australian policy-makers, business-leaders and legal advisors seeking to understand and respond to Japan's changing business and legal environment. |
| Project title: | Family law and the indissolubility of parenthood |
| Researchers: | Parkinson, P |
| Grant type: | ARC Discovery |
| Duration: | January 2004-December 2006 |
| Funding: | $122,784 |
| Project summary: | This project involves comparative analysis of how different family law systems address the problems of post-separation parenting, in particular, the tension between the promise of post-separation autonomy and the need for continuing co-operation between parents. Changes in expectations about post-separation parenting are placing pressures on legal systems to play an ongoing role in dispute resolution and to find a balance between continuing contact and issues about the safety of women and children from family violence. By examining existing approaches, processed and law reform proposals in North America, Europe and elsewhere, proposals will be developed for systemic reform in Australia. |
| Project title: | Rethinking social intolerance: Lessons from the suspension of homophobia at public gay and lesbian celebrations |
| Researchers: | Mason, G, Tomsen, S & Markwell, K |
| Grant type: | ARC Discovery |
| Duration: | January 2003-December 2005 |
| Funding: | $151,000 |
| Project summary: | This project will contribute to the understanding of intolerance via the lessons drawn from an analysis of homophobia at public gay and lesbian celebrations. It will take advantage of these events as exceptional social windows that appear to be characterised by a suspension of overt intolerance. The study innovatively reverses the usual analysis of intolerance and hostility as a social presence. It will analyse situational elements and ways of understanding sexuality that structure mainstream views of these events as pleasurable activities for all participants. It will advance knowledge of homophobia and intolerance in Australian society as contradictory and shifting phenomena. |
| Project title: | Taxation and the Welfare State: Implications of current policy directions for saving, fertility, economic growth and inequality |
| Researchers: | Apps, PF, Breunig, R & Rees, R |
| Grant type: | ARC Discovery |
| Duration: | January 2002-December 2004 |
| Funding: | $260,000 |
| Project summary: | Current changes to taxation and welfare programs increase inequality by significantly lowering the net incomes of secondary earners, thus in turn reducing the net incomes of many low and middle wage families. The aim of the project is to investigate, both theoretically and empirically, the further effects on labour supply and saving in the short term and on family size and economic growth in the longer term. The study will produce new models and empirical results which will contribute to rigorous, informed debate on these issues. |
| Project title: | The Human Rights Responsibilities of Multinational Corporations |
| Researchers: | Kinley, D |
| Grant type: | ARC Linkage |
| Duration: | January 2002-December 2004 |
| Funding: | $134,996 |
| Project summary: | Human rights abuses are perpetrated by multinational corporations, yet they are subject to few laws protecting human rights. Given the global power of these bodies, it is imperative and inevitable that greater legal accountability mechanisms will be developed. Working with a consortium of major industry partners, this project will identify current legal obligations on corporations to protect human rights, their means of enforcement and investigate their likely future extension in Australia and internationally. Best practice models for corporate compliance with these laws will be constructed and all results will be widely disseminated and accessible in a variety of formats. |
| Project title: | Children's involvement in decision-making about residence and contact in family law proceedings |
| Researchers: | Parkinson, P, Cashmore, J & Wilson, J |
| Grant type: | ARC Discovery |
| Duration: | January 2002-December 2004 |
| Funding: | $276,369 |
| Project summary: | This project aims to discover the extent to which children and young people are involved in decision-making about residence and contact when their parents divorce, and to examine how their views are taken into account. It will involve interviews with children and parents about agreements reached without court involvement, and interviews with children, parents, counsellors, separate representatives and judges in cases with court involvement. The findings will result in greater understanding of the factors that affect children's willingness and capacity to be involved in such decision-making and assist counsellors, judges and other court personnel in ascertaining and assessing children's wishes. |
| Project title: | Involuntary treatment of severely ill anorexia nervosa patients: A role for law in therapy? |
| Researchers: | Carney, T, Beumont, P, Touyz, S & Tait, D |
| Grant type: | ARC Discovery |
| Duration: | January 2001-December 2003 |
| Funding: | $142,381 |
| Project summary: | Balancing individual autonomy against ethical duties to save life vexes society, clinicians and lawyers. Coercion in treatment of severely ill young women suffering intractable chronic anorexia highlights these dilemmas. Various legal machinery regulates coercion in treatment, some, like clinical practices, uniquely Australian. Adults in NSW & SA obtain guardians from Guardianship Boards, but Victoria uses mental health powers. Children are covered by child protection, wardship and Family Court powers. Consent and accountability rules differ, as do experiences of patients, families and clinicians. This study examines how legal institutions shape and interact with clinical and life experience, to found best practice medico-legal guidelines. |
| Project title: | Constitutional History, Federation and Judicial Review |
| Researchers: | Irving, H |
| Grant type: | ARC Discovery |
| Duration: | January 2001-December 2003 |
| Funding: | $82,000 |
| Project summary: | The Australian High Court's use of history has grown in recent years and appears likely to increase. Yet it has been neither systematic nor grounded in historical methodology. Commentators have tended to focus on issues of legal rather than historical interpretation. This project aims to identify the uses of Federation history in High Court judgments (both before and after Cole v Whitfield), explore patterns of historical interpretation in these references, and evaluate the use of Federation history in judicial review. The outcome will be a new, systematic approach to the application of history in assisting an understanding of the Constitution. |
| Project title: | Assessing the quality of business tax reform |
| Researchers: | Vann, R, Cooper, G & Dirkio, M |
| Grant type: | ARC SPIRT |
| Duration: | January 2001-December 2003 |
| Funding: | $150,000 |
| Project summary: | This project will undertake research that is long overdue: a systematic study of the outcomes and processes of taxation policy and law development in Australia. It will be the first comprehensive study of private sector involvement in the process using the substantial amount of private data held by the Partner Investigator, the Taxation Institute of Australia. The research has the potential to inform the future development in Australia of a substantial agenda of tax policy and law development still to occur including the entire rewriting of the tax law into a tax code and the review of taxation of international income and superannuation which will occur in the relatively near future. |
| Project title: | Third Party Guarantees |
| Researchers: | Graycar, R, Millbank, J & Harland, D |
| Grant type: | ARC SPIRT |
| Duration: | January 2000-December 2002 |
| Funding: | $169,013 |
| Project summary: | This project will undertake research that is long overdue: a systematic study of the operation of laws dealing with guarantees and other forms of third party securities. This will be the first comprehensive empirical study of this area of law. It will be undertaken collaboratively with the NSW LRC as part of its reference on third party guarantees. The research has the potential to play a key role in informing legal reforms that will both ease the burdens on those involved in financing small business and provide for greater legal and commercial certainty (and therefore less costly litigation). |
NHMRC Grants
| Project title: | Ensuring the utility and sustainability of tissue banks: Supporting translational research in Australia through informed regulation and community engagement |
| Researchers: | Kerridge, I, Stewart, C, Marlton, P, Otlowski, M, Nicol, D & Critchley, C |
| Grant type: | NHMRC Project Grant |
| Duration: | January 2012-December 2014 |
| Funding: | $437,215 |
| Project summary: | Tissue Banks provide a critical resource for basic and translational research into the causes and treatment of many diseases affecting children and adults. They have underpinned many recent developments in medicine, including the identification of biomarkers and the development of targeted therapies, particularly in haemo-oncology. This study aims to provide empirical evidence that will inform the development of strategies to ensure the sustainability of tissue banks in Australia and maximise their contribution to research. |
| Project title: | Centre for Research Excellence in Critical Infectious Diseases |
| Researchers: | Iredell, J, Sorrell, T, Gilbert, G, Kerridge, I, Booy, R, Dwyer, D, Webb, S, Sintchenko, V, Jones, C & Bennett, B |
| Grant type: | NHMRC Centre for Research Excellence |
| Duration: | November 2010-November 2015 |
| Funding: | $2,499,688 |
| Project summary: | This CRE will improve health care systems, patient safety and management of critical infections, by integrating innovative microbiological, clinical, informatics and ethico-legal approaches to their diagnosis, surveillance and management. We will increase capacity in multidisciplinary infectious diseases research in the critically ill and in the effective translation of advances in biotechnology and informatics systems into practice and policy. |
| Project title: | Ethical and legal issues surrounding the decision-making process for donating and banking Umbilical Cord Blood |
| Researchers: | Kerridge, I, O'Brien, T, Stewart, C, Jordens, C, Nassar, N & Ankeny, R |
| Grant type: | NHMRC Project Grant |
| Duration: | January 2008 - December 2010 |
| Funding: | $402,000 |
| Project summary: | Allogeneic haematopoietic stem cell transplantation (HSCT) is curative therapy for many malignant and non-malignant conditions including leukaemia, lymphoma, bone marrow failure syndromes, haemoglobinopathies, immunodeficiencies and inborn errors of metabolisms. Over the past decade transplantation using Umbilical Cord Blood (UCB) stem cells has been shown to be as effective as transplants using bone marrow or peripheral blood stem cells. The success of UCB transplantation in children and in adults has been made possible by the establishment of UCB banks. UCB banking has, however, raised a number of important scientific and ethical concerns, including issues regarding ownership of the blood, the processes for obtaining consent for collection and storage, donor and recipient confidentiality, the ethics and science of commercial "non-altruistic" banking, and social justice issues relating to equity of access and equity of care. Although these concerns have been widely debated, many have not been resolved. Further, to this point there has been no empirical examination of the UCB donation and banking system in Australia.This research will be the first comprehensive study to ascertain the knowledge and attitudes of the Australian community for UCB donation and banking, as well as provide both a description of practices for obtaining consent, and a thorough legal analysis of the Australian UCB donation and banking system. The results of this research will provide the basis for recommendations for law reform in this area and for changes to institutional practices surrounding education and consent. It is the expectation of the researchers that this, in turn, may lead to increases in donations to public UCB banks, particularly from under-represented populations, which will ultimately benefit all Australians. |
| Project title: | Difficult decisions: a critical analysis of consent to high-risk medical procedures |
| Researchers: | Kerridge, I, Stewart, C, Jordens, C & Carter, S |
| Grant type: | NHMRC Project Grant |
| Duration: | January 2007-December 2009 |
| Funding: | $309,750 |
| Project summary: | It is now widely accepted that individuals have the right to make decisions about their own health care and that their consent is required for the commencement or withdrawal of any intervention or treatment. Consent processes thus codify patient autonomy in health care by ensuring both that competent patients are able to make autonomous choices and that non-competent patients are protected from harm. Although most would agree that the concept of consent is important, the concept is neither clear nor distinct, understanding of its practical application of clinical practice is imperfect, and there are many and conflicting views of its nature and its procedures. This study will re-conceptualise consent to high risk medical procedures through a critical examination of its principles and practices. The hypothesis being that formulaic constructions of consent within a medical context in terms of basic elements fails to adequately capture the specific, complex and deeply contextual nature of decisions about healthcare. |
| Project title: | Deconstructing DTCA: Towards a differentiated policy response to Direct-to-Consumer Advertising in Australia |
| Researchers: | Kerridge, I, Komesaroff, P, Jordens, C, Stewart, C, Ankeny, R & Carter, S |
| Grant type: | NHMRC Project Grant |
| Duration: | January 2007-December 2009 |
| Funding: | $185,563 |
| Project summary: | In recent years attention has turned to the role of the Direct to Consumer Advertising (DCTA) on increasing consumer demand for prescription drugs and the costs of health care. Although DCTA is prohibited in Australia, there are commercial and political pressures to reconsider the current ban. This study will examine the harms and benefits of DCTA, the processes of commercial influence and the opinions of major stakeholders regarding DTCA. The results will allow more informed examination of the legislation and health policy and enable development of resources for increasing literacy among lay people and health professionals for dealing with commercial influence and DTCA. |
| Project title: | Individual decision-making, welfare measurement and policy evaluation |
| Researchers: | Apps, PF, Hall, JP, Fiebig, DG, Louviere, JJ & Viney, RC |
| Grant type: | NHMRC Program Grant |
| Duration: | January 2002-December 2007 |
| Funding: | $6,825,000 |
| Project summary: | This proposed program of research will contribute to the development of economics and health economics internationally. It provides an exciting opportunity to bring together scholars who are at the forefront of the discipline internationally, and who are researchers with extensive experience in the practical application of research results in shaping policy directions. The immediate outcomes of the research program will be information on specific health policy issues, in terms of the drivers of cost and utilisation, access and equity. |
Other Competitive Grants
| Project title: | Making justice work for women in northern Uganda, Kenya and Democratic Republic of Congo |
| Researchers: | Shackel, R, Lambourne, W & Fiske, F |
| Grant type: | AusAID Development Research Awards Scheme (ADRAS) |
| Duration: | 2013-2014 |
| Funding: | $580,941 |
| Project summary: | This project investigates the efficacy of transitional justice for women considering the realities of women’s lives in conflict and post-conflict contexts and their experiences of recurrent violence in northern Uganda, Kenya and Democratic Republic of Congo. The research will identify women’s priorities in the transitional justice context and the obstacles that prevent them from accessing justice and human rights. |
| Project title: | Provision of Research into Shared Care Parenting Arrangements Since the 2006 Family Law Reforms |
| Researchers: | Parkinson, P & Cashmore, J |
| Grant type: | Attorney-General's Department Tender |
| Duration: | March 2009-February 2010 |
| Funding: | $329,755 |
| Project summary: | Shared parental responsibility is about parents having an equal role in making decisions about major long term issues that affect their children. It does not mean that children should spend equal time with each parent. In all decisions relating to children the court is required to decide on the basis of what is in the best interests of the child. This research commissioned by the Attorney-General's Department is into the characteristics of shared care parenting arrangements that work in the best interest of the child. It concerns: a) circumstances under which shared care arrangements work in the best interest of the child; b) circumstances under which shared care arrangements do not work in the best interest of the child; c) circumstances where shared care has not continued; d) whether and, if so, how these circumstances and outcomes for children differ depending on whether shared care arrangements are reached through a court or through Family Dispute Resolution, or outside both courts and Family Dispute Resolution. The purpose of the research is to outline the full range of factors that are positive for shared care and factors which are negative for shared care, with a view to assisting courts, family dispute resolution practitioners and parents in their decision making about the likelihood that a separating family's circumstances would mean that it would or would not be in the best interests of the child to have shared care. |
| Project title: | Legislative drafting capacity building in Africa |
| Researchers: | Burney, M |
| Grant type: | AusAID - Australian Leadership Awards - Fellowships |
| Funding: | $303,003 |
| Duration: | July-September 2012 |
| Project summary: | In many African countries a shortage in legal drafting skills is a major constraint on the implementation of development policies. Underpinning the reform necessary to aid countries in achieving economic and social stability and in meeting their Millenium Development Goals is good governance, the foundation for which is well drafted legislation with clear and effective rule-based regulatory systems. The program involves theoretical and practical training in best practice legislative drafting techniques. Leveraging the training, the Fellows undertake a professional attachment with an Australian Parliamentary Counsel Office and compete research project. Training in effective leadership will strengthen the program’s sustainability, assisting Fellows to transfer knowledge and drive change. |
| Project title: | Vietnam: Improving capacity in international tax enforcement |
| Researchers: | Burns, L |
| Grant type: | AusAID - Australian Leadership Awards - Fellowships |
| Funding: | $305,045 |
| Duration: | August-October 2012 |
| Project summary: | The program aims to improve the capacity of the revenue authority to enforce Vietnam’s tax laws in relation to international transactions and strengthening capacity to counter international tax minimisation practices. Under the program, academic expertise in the area of international tax will be complemented by practical knowledge from leading practitioners from both the public and private sectors. The program will promote a clear understanding of international tax enforcement through short-term training, a research project of relevance to Vietnam’s international tax system, and professional development and interaction with Australian international tax experts. |
| Project title: | Tax Administration Capacity Building in Vanuatu |
| Researchers: | Burns, L |
| Grant type: | AusAID - Australian Leadership Awards - Fellowships |
| Duration | March 2009-May 2009 |
| Project summary: | The Tax Administration Capacity Building Fellowship Program intends to transfer key skills and knowledge in tax enforcement, transparent tax practices and development of tax instruments and policy to a senior tax official from the Department of Customs and Inland Revenue, Vanuatu, for the purpose of assisting the Government to develop better enforcement practices, consider new sources of revenue, and implement transparent tax practices. |
| Project title: | Tax Administration Capacity Building |
| Researchers: | Burns, L |
| Grant type: | AusAID - Australian Leadership Awards - Fellowships |
| Funding: | $31,335 |
| Project summary: | The proposed Fellowship program aims to develop skills within the Revenue Services Department relevant to the passing of the new income tax law in Tonga. A combination of formal university coursework, research work and practical placement within the Australian Tax Office will enhance the Fellow's leadership capacity and provide knowledge transfer in key areas such as international tax, audit policy and practice. |
| Project title: | Strengthening Extractive Industry Governance in Eastern and Southern Africa |
| Researchers: | Burns, L |
| Grant type: | AusAID - Australia Africa Fellowships |
| Duration: | June 2008-October 2008 |
| Funding: | $176,106 |
| Project summary: | The primary outcome of the Fellowship program is to build public sector capacity for fiscal and accounting transparency in respect of revenue generated from extractive industries in Eastern and Southern Africa. Through a combination of formal coursework, , research under academic supervision and practical experience, the program will provide senior government officials with key skills in the development of fiscal policies and revenue management to enable them to improve critical oil, gas, and mining fiscal and regulatory frameworks in their countries. |
| Project title: | Protection of Refugees with Disabilities in Camp Situations |
| Researchers: | Crock, M, McCallum, R & Saul, B |
| Grant type: | AusAID - Commissioned Research Proposal |
| Duration: | December 2011-November 2014 |
| Funding: | $356,421 |
| Project summary: | This project will: 1. Investigate and analyse the range of processes by which persons with disabilities are identified, and their needs assessed, for protection and assistance purposes in refugee camps or urban settings (including where there are failures to identify such persons or their needs); 2. Evaluate the extent to which the delivery of services and the provision of legal protection to refugees with disabilities in camps or urban settings is consistent with international legal standards and ‘soft law’ principles; 3. Examine the capacity of refugees with disabilities to access resettlement procedures and outcomes (or other durable solutions such as local integration and repatriation); and 4. Draw conclusions and make recommendations as to standards of ‘best practice’ for the identification, needs assessment, and the provision of assistance, protection and resettlement to refugees with disabilities in camps or urban settings. |
| Project title: | Balancing climate change laws and policies with the needs of forest communities in Indonesia |
| Researchers: | Lyster, R |
| Grant type: | AusAID - Australian Leadership Awards - Fellowships |
| Duration: | April 2011-October 2011 |
| Funding: | $55,040 |
| Project summary: | Indonesia is the third largest emitter of greenhouse gases in the world as a result of deforestation. In 2007, under the Bali Action Plan, Reducing Emissions from Deforestation and Degradation (REDD+) was recognised as crucial for stabilising emissions under the UN Framework Convention on Climate Change. It is anticipated that a REDD+ agreement will emerge from the Cancun climate change negotiations in December 2010, which will include safeguards for indigenous peoples and local communities. This program will brink Indonesian leaders working in the areas of governance reform and REDD+ to Sydney Law School to undertake specialist training in: International human Rights Advocacy; the bringing of public interest/class actions; and research skills to investigate how other REDD+ countries are dealing with these issues. |
| Project title: | Asia Pacific Regional Seminar on HIV-Related Legal Services and Rights |
| Researchers: | Magnusson, R & Patternson, D |
| Grant type: | AusAID - International Seminar Support Scheme (ISSS) |
| Duration: | December 2011-January 2012 |
| Funding: | $23,924 |
| Project summary: | Seminar held in Bangkok on 11-12 January 2012 - in conjunction with the International Development Law Organisation (IDLO). |
| Project title: | Prosecution capacity building in West Africa |
| Researchers: | Mason, G (for Insititute of Criminology) |
| Grant type: | AusAID - Australian Leadership Awards - Fellowships |
| Duration: | November 2012 |
| Funding: | $195,877 |
| Project summary: | This program is designed to improve capacity and strengthen general and specialist skills of mid-level prosecutors from Cameroon, The Gambia, Ghana, Nigeria and Sierra Leone in West Africa. This regional approach to improving public sector capability, legitimacy and effectiveness is instrumental in upholding the rule of law, tackling corruption and dealing with transnational crime to promote good governance. This in turn enhances: regional stability; economic, disability-inclusive social development; human rights and gender-equality which are key priority areas for the ALA Fellowships. |
| Project title: | A multidisciplinary approach to reducing child sexual abuse in Sri Lanka |
| Researchers: | Weerakon, P & Shackel, R |
| Grant type: | AusAID - Australian Leadership Awards - Fellowships |
| Duration: | January-December 2011 |
| Funding: | $105,776 |
| Project summary: | The program will deliver multi-disciplinary competency based training on detection and prevention of child sexual abuse (CSA). The need for this training is reflected in the World Association of Sexual Health (WAS) millennium declaration and endorsed by the UN Millennium Development goals in the overarching statement that 'children bear the brunt of poverty in developing countries'. CSA is of national concern in Sri Lanka against a background of poverty, sex tourism and a shortage of specialist-trained professionals. The primary goals of the program are to increase the capacity of Sri Lankan professionals to deal with CSA in inter-sectorial and multidisciplinary teams and provide a forum for cross-cultural understanding of CSA. |
| Project title: | Safeguarding Human Rights in the Criminal Justice System in Nepal |
| Researchers: | Saul, B |
| Grant type: | AusAID - Public Sector Linkages Program |
| Duration: | July 2008-July 2009 |
| Funding: | $170,000 |
| Project summary: | The objective of this project is to improve understanding and knowledge of, and respect for, Nepal's human rights law obligations amongst key actors in the criminal justice system in Nepal. The objective will be achieved by: (1) reviewing legal education in Nepal on human rights in the criminal justice system and formulating and disseminating a model curriculum; (2) training Nepalese police and prosecutors on human rights in the criminal justice system.Thee activities will be conducted by the Sydney Centre for International Law at the University of Sydney, in collaboration with the Kathmandu School of Law. |
| Project title: | Lawmaking in Regional Parliaments: Translating Policy into Law |
| Researchers: | Butt, S & Sholikin, M Nur |
| Grant type: | Australia-Indonesia Governance Research Partnership |
| Duration: | January-December 2010 |
| Funding: | $50,000 |
| Project summary: | Along with his Indonesian research partner - The Centre for Study of Law and Policy, Indonesia (PSHK) - he will investigate the extent to which Indonesian parliaments accommodate constitutional and international human rights norms when making laws; and the extent of the authority of regional parliaments to pass revenue raising laws. |
| Project title: | Fostering a Common Culture in Cross-Border Dispute Resolution: Australia, Japan and the Asia-Pacific |
| Researchers: | Nottage, L, Williams, B & Burch, M |
| Grant type: | Australia-Japan Foundation Grant |
| Duration: | September 2010-August 2011 |
| Funding: | $30,000 |
| Project summary: | Australia and Japan have recently amended their Double-Tax Treaty and are now negotiating a Free Trade Agreement (FTA). This project will consider the scope for both countries to develop greater common ground in cross-border dispute resolution law and practice, to facilitate bilateral, regional and even multilateral economic integration. |
| Project title: | The Best Interests of the Child as a Central Theme of Public Policy |
| Researchers: | Parkinson, P |
| Grant type: | Australian Christian Lobby Research Support |
| Duration: | April 2010-June 2011 |
| Funding: | $90,000 |
| Project summary: | This research will: Explain the connections between stable families and the wellbeing of children by reporting on the worldwide research on this issue; Examine what promotes stability in families or, conversely, leads to instability; Evaluate the extent to which family policy in Australia is driven by adult concerns rather than treating the best interests of children as the primary consideration; Explore practical ways in which governments and other organisations could do better to promote family stability in contemporary society. |
| Project title: | Internationalising the Australian Law Curriculum for Enhanced Global Legal Education and Practice |
| Researchers: | Bentley, D, Squelch, J, Coper, M, Connolly, A, Triggs, G & McDonald, B |
| Grant type: | Australian Learning and Teaching Council Strategic Priority Project Grant |
| Duration: | December 2010-December 2011 |
| Funding: | $135,000 |
| Project summary: | Australia and Japan have recently amended their Double-Tax Treaty and are now negotiating a Free Trade Agreement (FTA). This project will consider the scope for both countries to develop greater common ground in cross-border dispute resolution law and practice, to facilitate bilateral, regional and even multilateral economic integration. |
| Project title: | The Migrant Child Project |
| Researchers: | Crock, M & Cashmore, J |
| Grant type: | Australian Research Alliance for Children & Youth |
| Duration: | June 2007-February 2008 |
| Funding: | $10,000 |
| Project summary: | A primary goal of this collaboration is to develop a national network of stakeholders involved in research into the needs and experiences of child migrants and their transition to full participation in the Australian community. This application is designed to build such a network through a range of interconnected activities aimed at increasing awareness of the needs of migrant children; improving knowledge of relevant laws (with a long term view to reform); and creating more friendly and responsive welfare systems and communities for migrant children and young people. |
| Project title: | Centre for International Finance and Regulation |
| Researchers: | Hill, J, McCraken, S, Stumbles, J, Bird, J, Cooper, G, Dirkis, M and Vann, R, Carlin, T and Frino, A in collaboration with other universities, research centres and industry partners |
| Grant type: | Centre for International Finance and Regulation Tender |
| Duration: | July 2011-June 2015 |
| Funding: | $12,100,000 |
| Project summary: | The focus of the Centre will be to put Australia at the forefront of regional and global examination of financial sector developments and the design of regulatory responses to these developments. A major goal of the Centre will be to help prevent a repeat of the Global Financial Crisis, which to a great extent was caused by a lack of financial regulatory integrity. |
| Project title: | 'Sexting' and Young People: Perceptions, Practices, Policy and Law |
| Researchers: | Lee, M, Crofts, T, McGovern, A, Salter, M & Milivojevic, S |
| Grant type: | Criminology Research Council - Criminology Research Grants |
| Duration: | December 2011-September 2013 |
| Funding: | $55,812 |
| Project summary: | This project is an interdisciplinary and multi-methods investigation of ‘sexting’ by young people. Three research aims link to specific methods: 1. A quantitative online survey and qualitative interviews will be used to undertand the perceptions and practices of young people in regard to ‘sexting’: 2. A media and policy analysis will evaluate broader community perceptions about young people and ‘sexting’; 3. A legal analysis will rerview the legal frameworks in relation to such behaviours. The project will allow us understand how young people perceive and practice ‘sexting’ and to assess the appropriateness of existing law and policy in this area. |
| Project title: | Reporting Victimisation to LGBTI (Lesbian, Gay, Transgender, Intersex) Police Liaison Services: A mixed methods study across two Australian states |
| Researchers: | Dwyer, A, Ball, M, Bond, C, Lee, M & Crofts, T |
| Grant type: | Criminology Research Council - Criminology Research Grants |
| Duration: | December 2011-May 2013 |
| Funding: | $16,333 |
| Project summary: | Relations between vulnerable LGBTI communities and police impact how or even if, LGBTI victims report to police liaison services. This study will be the first to ask police and LGBTI communities about LGBTI police liaison services in Queensland and New South Wales. This is vital to better understand the gap between increasing awareness of LGBTI police liaison services, and low rates of access of these services, and to create stronger engagement between police and LGBTI victims. To do this, the study develops and deploys a survey with LGBTI communities aged 15-65 and qualitative interviews with LGBTI police liaison services. |
| Project title: | Endeavour Executive Award for Muhammad Daud Pirzado from the Federal Bureau of Revenue, Pakistan |
| Researchers: | Burns, L |
| Grant type: | DEEWR Endeavour Executive Award |
| Duration: | January 2009-Decemeber 2009 |
| Funding: | $20,000 |
| Project summary: | Audits are an essential feature of all self-assessed taxes, such as the Value Added Tax. In addition to ensuring high levels of voluntary compliance,audits are essential for the prevention of fraud, particularly in identifying dummy companies used in input tax credit fraud. There is a need in Pakistan to develop effective models for VAT audits to create confidence in the self-assessment system, minimise corruption and detect fraud. The proposed activity will involve study at Sydney Law School engaged incomparative research into developing an effective audit strategy for Pakistan and attending courses on tax administration. |
| Project title: | Hosting Aisling O'Sullivan from the Irish Centre for Human Rights, National University of Ireland |
| Researchers: | Saul, B |
| Grant type: | DEEWR Endeavour Research Fellowship |
| Duration: | March 2009-August 2009 |
| Project summary: | The core issue of this research project is Australian Government policy towards Genocide Convention (1948), from the time of the Convention's drafting to the present day. It aims to establish why successive Australian Governments failed to incorporate the definition of genocide under article II of the Genocide Convention into Australian law. |
| Project title: | Socio-legal Norms in Preventing and Managing Disasters in Japan: Asia-Pacific and Interdisciplinary Perspectives |
| Researchers | Nottage, L |
| Grant type: | Japan Foundation: Grant Program for Intellectual Exchange Conferences |
| Duration: | November 2011-March 2012 |
| Funding: | $13,100 |
| Project summary | The project will host an international 2-day conference offering Asia-Pacific and interdisciplinary (especially social science) perspectives on disaster prevention and management issues highlighted by this year’s ‘3-11’ disasters in Japan. It aims to draw practical and theoretical implications particularly for possible regulatory reforms within Japan and future international cooperation, especially within the region. The project also seeks to build up capacity for ongoing cross-border research in these fields, even after the conference and the project formally conclude in March 2012. |
| Project title: | Court-directed expert witness conferences in medical negligence cases |
| Researchers: | McDonald, B & Parkinson, P |
| Grant type: | Law & Justice Foundation of NSW |
| Duration: | 2005 |
| Funding: | $16,757 |
| Project summary: | Section 13 CA of the Supreme Court Rules was introduced in 2000 in order to achieve savings in legal and court costs to all parties to a claim and to improve the efficient determination of claims in cases involving conflicting expert evidence. It allows the court to direct that expert witnesses confer and endeavour to reach agreement on outstanding matters in dispute between them and then to provide the court with a joint report specifying matters agreed upon and matters not agreed upon with the reasons for non-agreement. In this way, the matters upon which each witness need be examined and cross examined are drastically reduced and also the court is given much more guidance about the real issues in dispute. |
| Project title: | Understanding Prosecutorial Decision-Making in Child Sexual Assault Cases |
| Researchers: | Shackel, R |
| Grant type: | Law & Justice Foundation of NSW |
| Duration: | November 2007-February 2009 |
| Funding: | $25,614 |
| Project summary: | This project will gather data about prosecutorial decisions in child sexual abuse cases to improve the understanding of the basis upon which such decisions are made and thereby address any problems that are identified which may undermine the delivery of justice in such cases and public confidence. It is envisaged that the findings of this research will form the basis for further research in this area in other Australian jurisdictions so that a broader picture of prosecutorial decision-making in child sexual assault cases may be gained across Australia. |
| Project title: | Seeking Asylum Alone - The treatment of separated and trafficked children in need of refugee protection |
| Researchers: | Crock, M & Bhabha, J |
| Grant type: | MacArthur Foundation |
| Duration: | January 2004-July 2005 |
| Funding: | US$90,000 |
| Project summary: | The research will examine the application of the refugee definition to children and child specific forms of persecution; it will also include an analysis of relevant human rights law as it pertains to trafficked and separated children within the asylum process. Thus the project will inquire into the protections available for child soldiers, drafter deserters and evaders, and it will investigate how children who are smuggled and trafficked prior to their asylum applications come to be in those situations, and what legal remedies are available to them. It will relate international and domestic laws for the protection of victims of trafficking and smuggling to protections available through the refugee protection system. |
| Project title: | In Search of New Paradigms: Legal Pluralism, Industrial Democracy and the Future of Labour Law |
| Researchers: | McCallum, R & Coutu, M on behalf of CRMIT |
| Grant type: | Social Sciences and Humanities Research Council of Canada, Major Collaborative Research Initiatives (MCRI) |
| Duration: | June 2010-December 2011 |
| Funding: | $69,000 |
| Project summary: | The aim of the project is threefold: Analyzing the crisis of labour law affecting, in various shapes and forms, most industrialized countries; Examining how the paradigm of legal pluralism may contribute to a critical analysis of the future of labour law in industrialized countries; & On the basis of the foregoing analysis, identifying possible ways out of the current crisis of labour law. |
| Project title: | Building institutions and capabilities for work and employment in a global era: the social dynamics of labour regulation |
| Researchers: | McCallum, R and 60 co-researchers from Inter-University Research Centre on Globalization and Work |
| Grant type: | Social Sciences and Humanities Research Council of Canada, Major Collaborative Research Initiatives (MCRI) |
| Duration: | April 2008-December 2015 |
| Funding: | CAD $2,500,000 |
| Project summary: | CRIMT is an interuniversity and interdisciplinary research centre that brings together researchers from around the world to look at the theoretical and practical challenges of institutional renewal for work and employment in a global context. The CRIMT team will examine the involvement of institutional players in dialogues about change and seek to gain a better understanding of the capabilities required to evolve and thrive in this new environment. Key issues include the cross-border organization of production and care, citizenship in the workplace and the implementation of public policies that redistribute work rights and risks, new forms of collective representation, and the social aspects of comparative institutional advantage. |
| Project title: | Government by fire: Fire prevention and urban security networks |
| Researchers: | O'Malley, P |
| Grant type: | Social Sciences and Humanities Research Council of Canada Standard Research Grant |
| Duration: | 2005-2008 |
| Funding: | $84,261 |
| Project title: | Principled Engagement: Promoting Human Rights by Engaging Abusive Regimes |
| Researchers: | Pedersen, M & Kinley, D |
| Grant type: | United Nations University Peace & Governance Programme Grant |
| Duration: | April 2008-September 2009 |
| Funding: | $30,000 |
| Project summary: | The purpose of this project is to explore "principled engagement" as a distinct approach to promoting human rights. Intended to address an important gap in the literature on international statecraft, as well as to provide concrete lessons and recommendations for policy makers, the project will develop a theoretical model of principled engagement and undertake a series of case studies to elucidate how it works in practice. The results will be published in a joint volume by UN University Press, complemented by targeted policy briefings as appropriate. |
| Project title: | Children's Experience of Child-Inclusive Mediation |
| Researchers: | Parkinson, P & Cashmore, J |
| Grant type: | Uniting Care Unifam Counselling & Mediation Research Support Grant |
| Duration: | June 2009-December 2009 |
| Funding: | $60,000 |
| Project summary: | This project is to examine how children experience an intervention which is aimed at helping the parents to listen to their children in making parenting arrangements through mediation. This is known as child inclusive mediation. |
University Grants
| Project title: | Inter-University CrimPostgraduate Research Network |
| Researchers: | Shackel, R, Crock, M, Steele, L, Mason, G & Lee, M |
| Grant type: | Strategic Teaching Enhancement Project Scheme |
| Duration: | June 2011-July 2012 |
| Funding: | $25,368 |
| Project summary: | This project is directed towards establishing a postgraduate student network that is interdisciplinary, interfaculty and cross institutional in structure with a specific focus on crim* related studies including criminology, criminal law and criminal justice. The primary objective of the Network is to enhance student engagement with research cultures within and outside the Faculty. The Network will be grounded in the Faculty, and more specifically, within the Institute of Criminology, but will predominantly be led by postgraduate students within the Faculty/Division undertaking crim* related research. Accordingly the Network will be directed towards encouraging research students to identify their own research needs, devise strategies for driving their research forward and develop autonomy in forming research collaborations with others working in allied fields within and outside the Faculty/Division and beyond. The Network is also directed towards involving the postgraduate student in a forum that encourages selfreflection and critical thinking on broader issues around research methodologies and the role and responsibilities of scholars. |
| Project title: | Sydney Infectious Diseases and Biosecurity Research Network (SIBRN) |
| Researchers: | Sorrell, T, Bennett, B, Booy, R, Crawford, J, Dwyer, D, Gilbert, G, Giles, F, Holmes, A, Holmes, E, Hossain, L, Jones, C, Kesson, A, Kerridge, I, Marais, B, Sintchenko, V, Ward, M & Werder, O |
| Grant type: | Sydney Research Networks Scheme (SyReNS) |
| Duration: | January 2012-December 2013 |
| Project summary: | To develop strategic multi-disciplinary research themes in infectiour diseases and biosecurity that build on the initial steps taken by the Sydney Institute for Infectious Diseases and Biosecurity (SEIB). |
| Project title: | The Sydney Social Justice Project |
| Researchers: | Carney, T, Celermajer, D, Connell, R, Freebody, P, Goodwin, S, Graycar, R, Humphrey, M, Ivison, D, Keane, J, Kinley, D, Meagher, G, Schlosberg, D, Sluga, D & Tormey, S |
| Grant type: | Sydney Research Networks Scheme (SyReNS) |
| Duration: | January 2012-December 2013 |
| Project summary | This project aims to draw together, promote and expand key areas of research strength and public outreach activity across the humanities and social sciences at the University of Sydney in areas of democracy, human rights, social inequality and justice. This program aims to join together Political Science, Policy, Law, Philosophy and History to help build critical mass and take advantage of the University's comprehensive capacities in these areas. The SSJP will draw together key researchers in focused, thematic research discussions and in partnership with external organisations who work on social justice related issues. |
| Project title: | Australian Center for Energy Storage Research (ACESeR) |
| Researchers: | Maschmeyer, T, Masters, T, Vassallo, T, Minnet, A, Lyster, R, Crossley, P, Hill, D, Verbic, G, Hyde, R, Chester, L & Frost, G |
| Grant type: | Sydney Research Networks Scheme (SyReNS) |
| Duration: | January 2012-December 2013 |
| Project summary: | Inorganic chemistry, chemical engineering, policy and administration, law, architecture, join forces to provide solutions to the development, integration and management of large-scale energy storage. |
| Project title: | The Sydney Network on a Climate-Changed Society |
| Researchers: | Schlosberg, D, McCalman, I, Bashford, A, Probyn, E, Allon, F, Giles, P, Smith, V, Marks, P, Bamsey, H, Gurran, N, Shrestha, K, De Berigny Wall, C, Lyster, R, Stephens, T, McManus, P, Pritchard, B, Neilson, J, & Byrne, M |
| Grant type: | Sydney Research Networks Scheme (SyReNS) |
| Duration: | January 2012-December 2013 |
| Project summary: | By examining the past, present, and future of life in a climate-changing, and climate-challenged, society this research network's multiple perspectives will provide a comprehensive understanding of what we stand to lose and what we might gain in a productive response to the climate and environment we have changed. Combining the efforts of Political Science, Historical Studies, Cultural Studies and Human Geography, this program addresses the new vulnerabilities of human and natural systems. |
| Project title: | Health and Work Research Network |
| Researchers: | Buchanan, J, Bohle, P, Schofield, D, Colagiuri, S, Glozier, N, Shaw, T, Grunstein, R, Hickie, I, Johnstone, R, Quinlan, M, Schofield, T, Vita, P, Jones, M, Fattore, T, Scott, L, Knox, M, Raffaele, McNamara, M & Riley, J |
| Grant type: | Sydney Research Networks Scheme (SyReNS) |
| Duration: | January 2012-December 2013 |
| Project summary: | This network recognises the role work plays in shaping health outcomes, and seeks to generate new knowledge on the work-health nexus by sharing research across Health and HR discipline |
| Project title: | Teeming Voids: The "non-legal" in public international law |
| Researchers: | Johns, F |
| Grant type: | USyd Brown Fellowship |
| Duration: | January-December 2010 |
| Project title: | Australian Immigration Law and Policy: Towards Global Best Practice |
| Researchers: | Crock, M & Hiscox, M |
| Grant type: | USyd Institute of Social Sciences International Linkage Projects Grant |
| Duration: | January 2010-December 2010 |
| Funding: | $40,000 |
| Project summary: | This project is designed ultimately to begin a process of wholesale review of immigration laws and policies in Australia with a view to identifying those areas in which this country has departed from the practices in other Western countries. It is designed to help 'place' Australian law and policies that might assist in the reform process in this country. |
| Project title: | Regulatory Responses to Global Crime: Critically Examining the Themes, Objectives and Institutions of International Criminal Justice (the 'International Criminal Justice Project') |
| Researchers: | Findlay, M, Lynch, J, Fallah, K & Bikundo, E |
| Grant type: | USyd Institute of Social Sciences New Capacity Projects Grant |
| Duration: | January 2010-December 2010 |
| Funding: | $25,000 |
| Project summary: | This application is directed towards capacity enhancement for a pre-existing research network, and a growing cross-disciplinary engagement within the University of Sydney and beyond. |
| Project title: | Legal regulation and the evolution of organisational practice: The impact of good faith bargaining rules on employment relations strategies |
| Researchers: | Riley, J, Sarina, T & Knox, A |
| Grant type: | USyd Institute of Social Sciences New Capacity Projects Grant |
| Duration: | January 2010 - December 2010 |
| Funding: | $25,000 |
| Project summary: | The purpose of this project is to examine the impact of the enactment of 'good faith bargaining' obligations in the Fair Work Act 2009 (Cth). We propose to monitor the responses of major employers in four key industries - airlines, mining and resources, telecommunications and financial services - to these newly legislated obligations, to assess the extent to which compliance with those obligations has driven any kind of cultural change within organisations, particularly in respect to the accommodation of employees' voices in the processes for negotiating workplace change. |
| Project title: | Legal Reform in the Asian Region - collaborative project between the University of Hawaii Law School and Sydney Law School |
| Researchers: | Bath, V, Nottage, L & Butt, S |
| Grant type: | USyd International Program Development Fund |
| Duration: | January 2011-December 2012 |
| Funding: | $9,500 |
| Project summary: | Sydney Law School, through the Centre of Asian and Pacific Law and its cross-institutional Australian Network for Japanese Law, and the University of Hawaii Law School are institutions with a strong specialisation in Asian law. The proposed collaboration is for the holding of two two-day symposia, one at the University of Hawaii in the first half of 2011, and one in Sydney in 2012, on selected aspects of legal reform in the Asian region, involving specialists from both institutions and keynote speakers with the aim of producing a joint publication resulting from the seminars. |
| Project title: | Collaboration between Sydney Law School and the University of Geneva |
| Researchers: | Triggs, G |
| Grant type: | USyd International Program Development Fund |
| Duration: | January 2011-December 2012 |
| Funding: | $7,000 |
| Project summary: | A collaboration between Sydney Law School and the Faculty of Law at The University of Geneva will explore research partnerships in targeted areas to capitalise on the strengths at each Law School. Identified areas include: environmental law, European law, energy resources and infrastructure regulations, business law in Asia, human rights and international humanitarian law, international dispute settlement. |
| Project title: | Co-host and co-sponsor 2nd Annual Meeting of the Society for Environmental Law and Economics with Emory University School of Law |
| Researchers: | Black, C & Franklin, N |
| Grant type: | USyd International Program Development Fund |
| Duration: | January - December 2010 |
| Funding: | $5,800 |
| Project summary | Sydney Law School has been invited by Emory University School of Law to co-host and co-sponsor the 2nd Annual Meeting of the Society for Environmental Law and Economics, to be held in Atlanta, Georgia, USA, in 2010. This involves identifying the themes of the conference, selecting speakers and having oversight of the reviewing of papers for inclusion, and advertising the conference as well as providing support with the logistics of the meeting itself. Our involvement will build the Law School's international reputation and extend our research contacts in the very topical Environmental Law field, especially in the US. |
| Project title: | Energy & Resources Law |
| Researchers: | Triggs, G, Kinley, D & Boer, B |
| Grant type: | USyd International Program Development Fund |
| Duration: | January - December 2010 |
| Funding: | $11,150 |
| Project summary: | The Sydney Law School wishes to establish links with the Gulf region and, in particular, with the Kingdom of Saudi Arabia for a new academic programme, Energy & Resources Law. The aim is to advance the knowledge of law relating to mineral and petroleum resources and to develop partners with Gulf countries who are directly involved in energy production. The World Future Energy summit to be held in Jan 2010 is a major summit in the region focusing on future energy issues and energy policy; the Faculty aims to participate in the Summit and to be included in the conference speaker program. Participation in the Summit will provide opportunities to network with the region's leaders in energy policy and to showcase the research strengths of Sydney Law School. |
| Project title: | WUN - University of Sydney Fellowship in International and Comparative Criminal Justice |
| Researchers: | Findlay, M |
| Grant type: | USyd International Program Development Fund |
| Duration: | January 2009-December 2011 |
| Funding: | $10,000 |
| Project summary: | This fellowship will support the research scholarship of the International and Comparative Criminal Justice Network and would also recognise the research missions of the principal donor institution and the WUN. The fellowship would be made available to Network participants or their nominees and would provide for travel and subsistence expenses, and where possible limited research support. Priority would be given to research projects which required the collaboration of a Network research team. |
| Project title: | The Uncertain Status of International Investment Law |
| Researchers: | Brown, C |
| Grant type: | USyd International Visiting Fellowships |
| Duration: | January - December 2010 |
| Funding: | $13,000 |
| Project summary: | USyd International Visiting Fellowship for Dr Alexander Mills, Slaughter and May Lecturerin Law, Selwyn College, University of Cambridge. |
| Project title: | Identifying the Enemy in International Law: New Wars, New Warriors |
| Researchers: | Crawford, E |
| Grant type: | USyd Postdoctoral Research Fellowship |
| Duration: | April 2011-March 2014 |
| Funding: | $355,000 |
| Project summary: | This project will look at the new forms of warfare in the twenty-first century, and the new types of participants in these wars, including corporations, terrorist and trans-national criminal groups and other nonstate actors engaged in asymmetric warfare. It will be the first to examine a number of distinct yet related issues regarding armed conflicts and security operations, in order to clarify, for the purposes of policy- and law-making, the legal parameters and gaps that exist in the law relating to armed conflicts. |
| Project title: | Using Law to Balance Work and Family |
| Researchers: | Smith, B |
| Grant type: | USyd Thompson Fellowship |
| Duration: | January-December 2011 |
| Project summary: | The aim is to use regulatory and equality theories to analyse existing laws that are designed to promote work-family balance and design a range of regulatory reform options. |
Law Faculty Grants
| Researhers: | Krayem, G | |
| Grant type: | Faculty ECR Development Scheme | |
| Duration: | January-December 2013 | |
| Researchers: | Courtney, W | |
| Grant type: | Faculty ECR Development Scheme | |
| Duration: | January-December 2012 | |
| Researchers: | Edgar, A | |
| Grant type: | Faculty ECR Development Scheme | |
| Duration: | January-December 2011 | |
| Researchers: | Loughnan, A | |
| Grant type: | Faculty ECR Development Scheme | |
| Duration: | January-December 2011 | |
| Researchers: | Shackel, R | |
| Grant type: | Faculty ECR Development Scheme | |
| Duration: | January-December 2011 | |
| Project title: | "Sexting" and Young People: Perceptions, Policy and Law | |
| Researchers: | Crofts, T & Lee, M | |
| Grant type: | Faculty R&D Scheme | |
| Duration: | January-December 2012 | |
| Funding: | $10,000 | |
| Project summary: | This project is an interdisciplinary investigation of the recent phenomenon and public concern over "sexting": the electronic transmission of sexually explicit material by young people. The project has three specific research questions: 1. To understand the perceptions of young people who send and receive sexually explicit electronic material. 2. To understand broader community perceptions of "sexting". 3. To review the legal frameworks and public policy in relation to such behaviours. Addressing these research questions will allow us to assess the appropriateness of law and policy in this newly emerging field. | |
| Project title: | Designing better equality laws - redesigning the duty not to discriminate for a consolidated federal anti-discrimination law | |
| Researchers: | Smith, B | |
| Grant type: | Faculty R&D Scheme | |
| Duration: | January-December 2012 | |
| Funding: | $10,000 | |
| Project summary: | The Australian government has announced its intention to consolidate the four federal anti-discrimination laws into a single Act. Human rights advocates and academic anti-discrimination law experts are seeking to ensure that this process results in improvements to these laws. The essence of such legislation is a duty 'not to discriminate'. This project will develop specific proposals for how this duty can be formulated in a new consolidated anti-discrimination Act, building on my extensive scholarship on anti-discrimination regulation and drawing on international consensus on principles of equality and best practice regulatory models in other jurisdictions. | |
| Project title: | An examination of the operation of the International Arbitration Act 1974 (Cth) | |
| Researchers: | Brown, C | |
| Grant type: | Faculty ECR/ R&D Scheme | |
| Duration: | January-December 2010 | |
| Funding: | $18,000 | |
| Project summary: | The International Arbitration Act 1974 (Cth) provides the legislative framework for the conduct of international commercial arbitration in Australia. Despite there being strong interest in this field of law among academics, law students and practitioners, no comprehensive research has been undertaken into the operation of this important piece of legislation. The purpose of this project is to undertake a detailed analysis of its operation, to examine its implementation of the key international instruments relating to international arbitration, and to ask whether it has provided - and can be expected to continue provide - a sound framework for the conduct of international arbitration in Australia. | |
| Project title: | Equity Release Products in the Common Law World | |
| Researchers: | Burns, F | |
| Grant type: | Faculty ECR/ R&D Scheme | |
| Duration: | January-December 2010 | |
| Funding: | $15,000 | |
| Project summary: | This project aims to identify the trends in the development of reverse mortgages in Australia, Canada, New Zealand and the United Kingdom and in the United States with a view to identifying areas of risk for seniors and ways to ensure that if reverse mortgages do become widespread, there are strong and protective legal frameworks in place to assist seniors. | |
| Project title: | Policing Public Opinion: Police Media Units and Public Relations in Australia | |
| Researchers: | Murray, L | |
| Grant type: | Faculty ECR/ R&D Scheme | |
| Duration: | January-December 2010 | |
| Funding: | $8,000 | |
| Project summary: | In recent years public relations departments of police forces have grown dramatically. The 'crisis of consent' in policing is being aggressively countered by in-house media units which constantly reproduce positive images of policing. This project seeks to research this growth in PR capacity and to interview key 'elite' bureaucrats, police and politicians involved in PR in Australian police forces. | |
| Project title: | The Emerging International Law of Terrorism: Between Freedom and Violence | |
| Researchers: | Saul, B | |
| Grant type: | Faculty ECR/ R&D Scheme | |
| Duration: | January-December 2010 | |
| Funding: | $18,000 | |
| Project summary: | This project will investigate the impact of transnational terrorism on public international law, at a distance of eight years since 11 September 2001: (1) The empirical aspect will consolidate the extensive counter-terrorism practices of the international community since the 1920s; (2) the theoretical aspect will reflect upon the significance of that practice by asking the jurisprudential question whether there now exists an emerging 'international anti-terrorism law' - challenging the classical view that there is no such law; (3) the normative dimension will critique the impact of anti-terrorism norms on other fundamental values of the international legal order, including possibilities for exercising political action and personal or group autonomy. | |
| Project title: | Law School Visiting Fellow application for Professor Joannes (Jonathan) Verschuuren, Professor of International and European Environmental Law, Vice Dean for Research and Senior Researcher of Tilburg Sustainability Centre, Tilburg University | |
| Researchers: | Lyster, R & Shearing, S | |
| Grant type: | Faculty Visitors Scheme | |
| Duration: | 12 January-30 June 2011 | |
| Funding: | $4,800 | |
| Project title: | Law School Visiting Fellow application for Dr Glen Loutzenhiser, Lecturer in Tax Law, Faculty of Law, University of Oxford | |
| Researchers: | Vann, R | |
| Grant type: | Faculty Visitors Scheme | |
| Duration: | 4 April-29 April 2011 | |
| Funding: | $4,900 | |
| Project title: | Law School Visiting Fellow application for Professor Thomas Randall, John Beasley Professor of Law and Business, Vanderbilt Law School | |
| Researchers: | Hill, J | |
| Grant type: | Faculty Visitors Scheme | |
| Duration: | January-December 2010 | |
| Funding: | $4,267 | |
| Project title: | The patterns in High Court reasoning regarding the identity of 'the people' in the Australian Constitution | |
| Researchers: | Arcioni, E | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | September 2012-March 2014 | |
| Funding: | $2,852 | |
| Project summary: | The project considers how the High Court has interpreted the meaning of 'the people' in the Australian Constitution. That phrase appears in the preamble and in sections 7 and 24 of the Constitution. It has been used by the Court to invalidate federal legislation, but the meaning of that phrase is unclear. This project focuses on two areas of constitutional law to assess how the High Court is going about the task of interpreting 'the people'. Identifying the patterns in the High Court's reasoning is one step towards developing a coherent understanding of that constitutional expression. | |
| Project title: | Tradition and Change - new developments in the Australian Legal System | |
| Researchers: | Parkinson, P | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | May 2012-October 2013 | |
| Funding: | $4,953 | |
| Project summary: | The project is to conduct research on recent developments in Australian law or proposals for reform that highlight significant or innovative approaches to legal reasoning or which address issues of social inclusion and human rights. The research will lead to the publication of a new edition of Professor Parkinson's book: Tradition and Change in Australian Law. | |
| Project title: | Evaluating Codifications and Restatements of the Private Law Principles | |
| Researchers: | McDonald, B | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | May 2012-October 2013 | |
| Funding: | $5,000 | |
| Project summary: | This project will assess and evaluate the impact of recent statutory restatements and codification of aspects of private law obligations and remedies, previously found in the common law. The law of negligence, the law of contracts, the law of unfair dealing, the law relating to multiple wrongdoers' liability and the law of securities have all been subject to significant legislative reform, while there are currently calls to introduce a statutory action for invasions of privacy and renewed calls for the harmonistaion of contract law through a uniform national code. Aspects of the common law of negligence, such as the test for negligence and causation, were "restated" in the Civil Liability Acts around the country in 2002. This project will investigate the structure and content of a larger project, suitable for an application for external funding, to assess and evaluate the benefit of such restatements to litigants, courts and others involved in the allocation of risk and liability. | |
| Project title: | The operation of the laws of evidence in Australian terrorism trials | |
| Researchers: | Kumar, M | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | May 2012-October 2013 | |
| Funding: | $5,000 | |
| Project summary: | This project will examine the operation of the laws of evidence in Australian terrorism trials. It will focus on the extent to which open justice and fairness are compromised by national security. In particular, it will consider the use of anonymous witnesses, the withholding of government intelligence and orders that prevent a public hearing. The project aims to compare both Australian and overseas jurisdictions. | |
| Project title: | Miscarriages of Justice: Concepts, Incidence, Causes and Solutions | |
| Researchers: | Hamer, D & Crofts, T | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | May 2012-October 2013 | |
| Funding: | $4,953 | |
| Project summary: | Wrongful convictions bring 'searing injustice'. We will examine the concept of wrongful conviction, relating it to broader notions of miscarriages of justice including mistaken acquittals. We will estimate the incidence of wrongful convictions, identify their causes, and consider how they may be avoided and remedied. These questions are difficult because it is rare that wrongful convictions can clearly be identified. And yet, empirical and theoretical work in a number of jurisdictions has thrown light on various aspects of the phenomenon. We will draw on this work to examine the position in NSW and Australia, and provide prescriptions for reform. | |
| Project title: | An Exploratory Study of How New South Wales Local Consent Authorities Consider Crime Risks of Development Applications | |
| Researchers: | Clancey, G | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | May 2012-October 2013 | |
| Funding: | $4,970 | |
| Project summary: | Crime prevention through environmental design (CPTED) has been directly implemented in policy in Australia for more than a decade, and has been enacted into policy in every State and Territory. Since 2001, when the inaugural guidelines were introduced in New South Wales (NSW), developments of the built environment have been required to reflect key CPTED principles. This project seeks to investigate how the inclusion of the theory surrounding CPTED, through these guidelines, have impacted the development application process in NSW through a series of key informant interviews with the staff responsible for assessing development applications from NSW local councils. | |
| Project title: | Asia-Pacific Disaster Management: Comparative and Socio-legal Perspectives | |
| Researchers: | Butt, S & Nottage,L | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | May 2012-October 2013 | |
| Funding: | $4,953 | |
| Project summary: | This book project builds on outcomes from an international conference we organised at the University of Sydney in March 2012 to compare legal and other normative frameworks impacting on the preparedness for large-scale disasters and subsequent responses in the Asia-Pacific region. A major reference point is Japan's '3-11' events: earthquake and tsunami that devastated the Tohoku area on 11 March 2011 and the Fukushima Daiichi nuclear power plant radiation leaks. It compares development and perspectives in other Asia-Pacific countries, particularly China, Indonesia, New Zealand and the USA. We also address the increasingly important roles played by international law and regional regimes for cross-border cooperation in disaster prevention and relief. | |
| Project title: | The existence of "entourage" or "retinue" immunity in customary international law | |
| Researchers: | Brown, C | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-July 2013 | |
| Funding: | $4,500 | |
| Project summary: | This research will examine a problem of practical significance in international law and international relations: do the members of a Head of State's or Head of Government's travelling entourage benefit from immunities when accompanying him or her on official travel? This issue arises when foreign Heads of State and Government attend international summit meetings and are accompanied by members of their staff or other advisers who do not themselves benefit from State immunity, Head of State immunity, or diplomatic immunity. The answer to this question is uncertain, and there would appear to be inconsistent practice in how States deal with this issue. | |
| Project title: | Legal Issues in Implementing an Allowance for Corporate Equity | |
| Researchers: | Cooper, G | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-July 2013 | |
| Funding: | $4,500 | |
| Project summary: | The object of this project is to (i) catalogue the experience of countries which have had an 'Allowance for Corporate Equity' (ACE), and (ii) identify and then (iii) analyse the difficulties that Australia is likely to face in implementing such a regime. | |
| Project title: | Towards sustainability: application of the precautionary principle in merits review proceedings in NSW, Victoria and the Commonwealth | |
| Researchers: | Edgar, A | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-July 2013 | |
| Funding: | $4,500 | |
| Project summary: | The project continues comparative research that I have carried out into review by courts and tribunals of environmental decisions in NSW, Victoria and the Commonwealth. The project focuses on the application of the precautionary principle - a method for dealing with scientific uncertainty when there is a risk of serious environmental harm. | |
| Project title: | Financial Market Regulation in the Age of 'Forced Capitalism' and the Global Financial Crisis | |
| Researchers: | Hill, J | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-July 2013 | |
| Funding: | $4,500 | |
| Project summary: | Traditionally, financial law has been underpinned by a voluntary investment paradigm, which assumes that investors choose freely to purchase securities. This paradigm is now under pressure. Increasingly, we live in an age of 'forced capitalism', where workers' savings are invested in markets through Australia's mandatory superannuation system. The global financial crisis has also challenged a central assumption of the voluntary investment paradigm - namely that investors are adequately protected via the market’s efficiency, rationality and ability to self-regulate. The project will analyse the implications of these developments for financial regulation, and compare post-GFC regulation in Australia, the UK and the US. | |
| Project title: | Working lives through the eyes of the Australian High Court | |
| Researchers: | Riley, J | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-July 2013 | |
| Funding: | $4,500 | |
| Project summary: | The aim of this work is to map the way that the lives of ordinary working Australians and their problems at work have influenced, and been influenced by, the jurisprudence of the Australian High Court. The project intends to review the Commonwealth Law Reports, extract those cases dealing with labour problems, and code them according to a set of themes, as a preliminary task in a broader project to narrate a history of Australian working life through the eyes of the High Court. | |
| Project title: | Privity of Contract | |
| Researchers: | Tolhurst, G | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-July 2013 | |
| Funding: | $4,500 | |
| Project summary: | Writing a comparative work on privity of contract. There is no other modern work and the only comparative works that exist have been historical in nature. | |
| Project title: | Regulation, Common Law and the Expanding Role of Charity | |
| Researchers: | Burch, M | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-June 2013 | |
| Funding: | $4,994 | |
| Project summary: | This project examines the evolving law of charity, with a focus on the distinction between permissible, charitable, purposes and important putatively 'non-charitable' purposes such as commerce, politics, foreign aid. Increasing common law permissiveness has led to governmental action: a statutory definition of charity is forthcoming from the Commonwealth government. This project analyses some of the important line-drawing exercises that must be undertaken when regulating charities. | |
| Project title: | The reception of international law in the Indonesian legal system | |
| Researchers: | Butt, S | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-June 2013 | |
| Funding: | $4,959 | |
| Project summary: | This research will assess how international law is adopted, if at all, within the domestic legal system of Indonesia. It considers the lack of Indonesian law on the issue, provides examples of apparent non-compliance with treaty obligations and considers the extent to which Indonesia's courts consider and apply Indonesia's obligations under international treaty and customary law when deciding cases. | |
| Project title: | The intersection of energy law and tort law in Australia | |
| Researchers: | Crossley, P | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-June 2013 | |
| Funding: | $5,000 | |
| Project summary: | This project will further my research into the intersection of energy law and tort law. My recent research has focused on the rise of private nuisance claims in respect of wind farms in the United States and the United Kingdom, and the implications of this for the Australian wind industry. My current project seeks to expand this analysis to study the tort law implications of the use of emerging energy technologies in Australia such as coal seam gas and geothermal technology. | |
| Project title: | The historical development of the Organisation of the Islamic Conference (OIC), its relevance and structural placing in East-West relations | |
| Researchers: | Farrar, S | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-June 2013 | |
| Funding: | $4,348 | |
| Project summary: | Established in 1973, and forged in the furnace of the Arab-Israeli conflict, the OIC was an attempt by the Muslim world to engage with International Law, promote Islamic solidarity amongst its members and further the causes of international peace and security based on 'justice'. This project researches the historical development of the OIC and examines its changing role and effectiveness as an international legal institution. In particular, it explores developments post 9/11 and the pressures for harmonisation in the contexts of counter-terrorism, human rights standards, finance and trade. | |
| Project title: | The Politics of Knowledge in Criminal Law | |
| Researchers: | Loughnan, A | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-June 2013 | |
| Funding: | $5,000 | |
| Project summary: | This project investigates the deployment of the reliance on knowledges and expertise in criminal law practices. The aim of this project is to develop a conceptual frame for analysing expert and non-expert, scientific and non-scientific knowledges in criminal law in the late modern era. | |
| Project title: | Linguistic Justice: International Law and Language Policy | |
| Researchers: | Mowbray, J | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-June 2013 | |
| Funding: | $5,000 | |
| Project summary: | As a result of processes such as globalisation and migration, modern societies are becoming increasingly linguistically diverse. This research considers the role of international law in managing the conflicts and tensions which arise from such linguistic diversity, and in protecting the rights of linguistic minorities. | |
| Project title: | The legal regulation of non-invasive prenatal diagnosis | |
| Researchers: | Savell, K | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-June 2013 | |
| Funding: | $5,000 | |
| Project summary: | Non-invasive prenatal diagnosis (NIPD) from fetal free cell DNA (ffCDNA) and RNA (ffcRNA) is an innovative genetic technology that will in future allow genome wide testing of the fetus as early as 6 weeks into pregnancy. This raises a number of complex legal and ethical questions about the scope and regulation of such testing. This project will consider how law should respond to the predicted applications of NIPD and in particular whether there should be legal limits placed on the kinds of genetic information that should be made available to prospective parents about their potential progeny. | |
| Project title: | Ethical Issues in Research Involving Victims of Crime | |
| Researchers: | Shackel, R | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-June 2013 | |
| Funding: | $4,930 | |
| Project summary: | Numerous ethical issues arise in research involving victims of crime, especially vulnerable victims e.g. children and victims with a disability. The risk of retraumatisation of such victims is an ethical concern widely recognised by researchers in this field. This research project will identify the main ethical issues that arise in the conduct of research with victims of crime, focusing particularly on especially vulnerable victims and the ethical issues that specifically arise with regards to: (i) victim expectations of researchers and the ethical responsibilities this gives rise to; and (ii) the potential ethical issues and conflicts of interest that arise when the line between research participation and therapeutic benefits become blurred. | |
| Project title: | Polar Oceans Governance in an Era of Environmental Change | |
| Researchers: | Stephens, T | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-June 2013 | |
| Funding: | $4,959 | |
| Project summary: | Both the Arctic and Southern Oceans are bioregions experiencing the rapid and early effects of global climate change, are areas of vital strategic interest, present significant potential for the development of mineral resources and fisheries, face increasing pressures from human visitation, and have major environmental, cultural and scientific significance. Against this background, the objective of this research is to identify policy options for improving integrated, eco-systemic, governance of the Arctic and Southern Oceans, drawing specifically on Australian and Canadian experiences in polar oceans management through multilateral global and regional institutions. The focus of the research is unique in taking a comparative bipolar approach in exploring the role of two similar middle powers in their respective polar domains. | |
| Project title: | The Impact of WTO rules on Import Monopolies and Exclusive Import Rights in the Peoples Republic of China | |
| Researchers: | Williams, B | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2011-June 2013 | |
| Funding: | $5,000 | |
| Project summary: | This project takes into account WTO jurisprudence since 2000 to re-evaluate the adequacy of GATT and WTO rules for disciplining restrictions on imports imposed by entities with import monopolies. It also assesses the China Audiovisuals case, the first case under the right to trade provision in the Protocol for the Accession of China. The review of the ongoing efforts by China to implement the rulings in that case will shed light more widely on the way in which economic reform in China is influenced by WTO rules. | |
| Project title: | Independent Directors in Australasian Corporate Governance Law and Practice | |
| Researchers: | Aoun, F & Nottage, L | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | October 2011-April 2013 | |
| Funding: | $5,000 | |
| Project summary: | Regulation in the Asia-Pacific and world-wide increasingly requires or recommends that independent directors be on the boards of large or listed companies. This suggests convergence in corporate governance regimes. It also bodes well for mergers of stock exchanges exercising co-regulatory functions, with ostensibly similar regimes, like the attempt by the Singapore Stock Exchange (part owned by the Tokyo Stock Exchange) to merge with the Australian Stock Exchange. Yet that was blocked by the Australian government partly due to concerns about losing regulatory capacity. This project reassesses formal rules regarding independent directors and their impact particularly in Australia, Singapore and Japan. | |
| Project title: | Understanding the work of NSW Local Government Crime Prevention Officers | |
| Researchers: | Lee, M & Crofts, T | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | April 2011-October 2012 | |
| Funding: | $4,972 | |
| Project Summary: | Local Government Crime Prevention/Community Safety Officers have operated in New South Wales for nearly two decades. In this time, there has been very little analysis of the work carried out by these personnel. This research aims to address this knowledge gap. Through focus groups and telephone interviews with key informants, this research will provide greater understanding of Local Government Crime Prevention/Community Safety Officers field and habitus. | |
| Project title: | Foreign Investment and Dispute Resolution Law and Practice in Asia - book research project | |
| Researchers: | Bath, V | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2010-June 2012 | |
| Funding: | $4,975 | |
| Project summary: | This project will result in a book entitled "Foreign Investment and Dispute Resolution Law and Practice in Asia" to be published by Routledge. The aim of the book is to assess critically patterns and issues in both the substantive law and policy environment impacting on foreign investment flows in major Asian economies, and dispute resolution law and practice related to those flows. | |
| Project title: | The significance of the governance structure of financial services regulators | |
| Researchers: | Bird, J | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2010-June 2012 | |
| Funding: | $4,950 | |
| Project summary: | This project will examine the governance structure of financial services regulators. Although there is voluminous literature about the optimal governance structure of public company boards, little attention has been given to the governance structure of financial services regulators. This lack of attention is notable, especially as, post the global financial crisis, considerable energy has been put into improving the financial services regulatory structure. The project will examine the very different governance structures that exist in financial services regulators and draw conclusions about the impact of these governance structures on the performance and accountability of regulators. | |
| Project title: | Truth and Contest Theories of the Trial: A survey of the case-law | |
| Researchers: | Hamer, D | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2010-June 2012 | |
| Funding: | $4,714 | |
| Project summary: | This project will survey the case-law of Australia, the UK and the US to uncover references to two different conceptions of the trial - the trial as a search for truth, and the trial as a contest or game between the competing parties. There is considerable potential for contradiction between these two conceptions, however, it is not clear that judges appreciate this. This project will explore the prevalence of the two conceptions in the case-law, the forces that operate to produce them and the tensions between them. | |
| Project title: | Designing Out Crime? Assessing the Use of Section 79c Environmental Planning and Assessment Act 1979 (NSW) | |
| Researchers: | Lee, M | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2010-June 2012 | |
| Funding: | $4,999 | |
| Project summary: | Crime prevention through environmental design (CPTED) has become a widely implemented policy in every State and Territory in Australia. In 2001, guidelines were introduced in NSW to ensure that proposed developments/redevelopments of the built environment reflected key CPTED principles. Intended to support the safety and security of the community process, a formal crime risk assessment (CRA) is required for any development that is likely (in the council’s opinion) to create a risk of crime under these guidelines. To date, these guidelines and particularly how CRAs have been used are yet to be evaluated. This project seeks to identify where evidence has been gathered from to compile these CRA reports, and to investigate whether CRA reports tend toward favourable commentary of the proposed development. | |
| Porject title: | Indigenous Peoples in International and Comparative Law | |
| Researchers: | Saul, B | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2010-June 2012 | |
| Funding: | $5,000 | |
| Project summary: | This book examines the position of Indigenous peoples in international law and from a comparative law perspective. The book first considers the theory and practice of international law during encounters between indigenous peoples and European colonial powers. It secondly considers how international law progressively developed over time to enable indigenous peoples to challenge their treatment in national legal systems, particularly through the human rights machinery and political organs of the United Nations. The book then examines how, after the independence of settler societies, national legal systems – often using international law tools – were used (or challenged) by indigenous peoples seeking reparation for historical injustices. | |
| Project title: | Mapping the Changing Contours of the Legal Services Market in Australia | |
| Researchers: | Shackel, R | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2010-June 2012 | |
| Funding: | $4,962 | |
| Project summary: | This project analyses the changes that have occurred in the structure of the legal services market in Australia since the late 1980s. Factors that have contributed to extensive changes in this market include the high demand for legal services, increased competition, new information technologies, globalisation, greater numbers of women in the legal profession and the demise of internal labour markets. This project draws on a range of varied sources of quantitative and qualitative data on the composition and operation of the legal services industry including cross-national data in order to present a more holistic picture of the changes that have occurred and of the changing contours of the Australian legal services market. | |
| Project title: | Climate Change and Shareholder Power: A Comparative Assessment of Regulatory Frameworks and Management Response | |
| Researchers: | Shearing, S | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2010-June 2012 | |
| Funding: | $5,000 | |
| Project summary: | This project will assess regulatory frameworks in Australia and the US that confer shareholder power and impose corporate disclosure requirements in the context of climate change impacts arising from or relating to the activities of corporations . The project will also assess management responses to shareholder initiatives directed at emissions disclosures and shareholder resolutions concerning the development and implementation of climate change strategies. The project will provide important comparative information about corporate governance approaches to climate change issues and assess the extent to which current regulatory frameworks operate to facilitate or impede a pro-active management response to climate change impacts. | |
| Project title: | From Theory to Practice: Governing the Resources of the Deep Seabed | |
| Researchers: | Stephens, T | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2010-June 2012 | |
| Funding: | $4,997 | |
| Project summary: | The 1982 United Nations Convention on the Law of the Sea established a unique regime for the deep seabed. It declared the mineral resources of the deep seabed beyond national jurisdiction (the ‘Area’) the common heritage of humankind, and established a complex system for the international management and licensing of mining under the oversight of the International Seabed Authority (ISBA). Exploration for the mineral resources of the Area has now commenced, and the ISBA has begun to develop a Mining Code to govern prospecting for pollymetallic nodules and massive sulphide deposits. This project seeks to assess those areas where normative development of the deep seabed regime is required to promote commercial certainty and ensure the protection of the deep seabed environment. | |
| Project title: | Interpreting the concept of "public benefit" in Australian competition law | |
| Researchers: | Williams, B | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | December 2010-June 2012 | |
| Funding: | $5,000 | |
| Project summary: | The concept of public benefit is critical to the application of competition law under the Trade Practices Act (from January 1 2011 to be renamed the Competition and Consumer Act 2010). The constant challenge to lawyers, academics and judges in the field of competition law is to make the law reflect the logic of the underlying economics. The theoretical construction of the concept of public benefit represents one of the most challenging aspects of competition law. This project will look at the economic foundations of the role of the concept of public benefit in excluding certain conduct from the prohibitions of anticompetitive conduct. | |
| Project title: | Commentaries on Model Investment Treaties | |
| Researchers: | Brown, C | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | September 2010-March 2012 | |
| Funding: | $4,967 | |
| Project summary: | This project involves the completion of research and editorial assistance on a publication titled “Commentaries on Selected Model Investment Treaties” which is under contract with Oxford University Press. The publication will contain original research on the State practice of the major capital-exporting and capital-importing countries in concluding bilateral investment treaties, as well as a detailed and comprehensive examination of the proper interpretation and application of these treaties. | |
| Project title: | Evolution in Investment Treaty Law and Arbitration | |
| Researchers: | Miles, K | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | September 2010-March 2012 | |
| Funding: | $5,000 | |
| Project summary: | This project will result in an edited book examining the ways in which investment treaty law is evolving, analysing the most significant contemporary issues in the field (which might also be described as the “hot topics” in investment treaty arbitration.) In particular, a common thread linking these topics is the interaction between public and private law, interests, and governance. These issues will be analysed within the general categories of: 1) Shifts in Fundamental Character – Conceptualising (or re-conceptualising), the investment treaty regime; 2) Actors, Institutions and Arbitrators – Contemporary issues facing claimants, States, arbitral institutions and arbitrators; 3) The New Significance of Procedure – Novel and complex procedural issues which are emerging in investor-state arbitration; and 4) Engagement with Cross-Cutting Issues – Interaction between rules arising under investment treaties and other international law norms. |
|
| Project title: | The International Covenant on Economic, Social and Cultural Rights: Cases, Commentary and Comparative Jurisprudence | |
| Researchers: | Mowbray, J & Saul, B | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | September 2010-March 2012 | |
| Funding: | $5,000 | |
| Project summary: | There is increasing interest internationally, regionally and in the domestic legal systems in the protection of economic, social and cultural rights. However, to date, there has been no work which has collected together the jurisprudence and commentary on these rights. This project aims to fill this gap, by producing a commentary on the International Covenant on Economic, Social and Cultural Rights, thus providing a counterpart to the leading work on the International Covenant on Civil and Political Rights: Joseph, Schultz and Castan (eds), The International Covenant on Civil and Political Rights: Cases, Materials and Commentary (2nd ed, Oxford University Press, 2004). | |
| Project title: | An Academic Analysis of Australian Defamation Law | |
| Researchers: | Rolph, D | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | September 2010-March 2012 | |
| Funding: | $5,000 | |
| Project summary: | This project supports the research and writing of a comprehensive, up-to-date account of Australian defamation law. There is no current, comprehensive, rigorous academic analysis of Australian defamation law. The book which will be written as a result of this funding, which will be published by Thomson Reuters, aims to fill the gap in Australian legal scholarship. | |
| Project title: | Preparation of external grant applications on "What can Australia learn from the experience of Malaysia and the European Union in applying a public interest test in their antidumping law?" | |
| Researchers: | Williams, B | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | September 2010-March 2012 | |
| Funding: | $5,000 | |
| Project summary: | The preparation of external grant applications to research the possible introduction of a public interest test into Australian antidumping law. This issue has become prominent following a Productivity Commission report issued 27 May 2010 to which the Government has not yet responded. This project will facilitate further cross disciplinary and cross jurisdictional collaborative research projects. | |
| Project title: | The effect of judgments and compromises under contractual indemnities | |
| Researchers: | Courtney, W | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | May 2010-November 2011 | |
| Funding: | $4,981 | |
| Project summary: | The project will investigate and clarify the legal principles relating to judgments against and settlements by parties indemnified under contractual indemnities. The focus is on indemnities in commercial contracts outside the insurance context. | |
| Project title: | Judicial review of the exercise of the constitutional powers granted specifically to the Governor-General pursuant to the Commonwealth Constitution | |
| Researchers: | Gerangelos, P | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | May 2010-November 2011 | |
| Funding: | $5,000 | |
| Project summary: | There are significant uncertainties under the Constitution relating to the extent to which the exercise by the Governor-General of specifically conferred powers under the Constitution, including the "reserve powers", is subject to judicial review. It is the aim of this project to undertake a comparative analysis of the issue as a preliminary consideration of issues relating to the ambit of executive power in the event the Australia adopts a republican form of government. | |
| Project title: | Equitable Compensation in Australia - Comparative Perspectives | |
| Researchers: | Glister, J | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | May 2010-November 2011 | |
| Funding: | $4,981 | |
| Project summary: | Courts in Australia, unlike those in other common-law jurisdictions, reject a role for certain common-law limiting factors in the assessment of equitable compensation. This project charts the development of Australian law in this area, analyses the differences between Australian and other common-law approaches, and questions whether these different approaches can be reconciled. | |
| Project title: | Will the Real Owner Please Stand Up? The Corporate Veil as a Cloak for Economic Crimes | |
| Researchers: | Aoun, F | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2010-June 2011 | |
| Funding: | $4,970 | |
| Project summary: | This project seeks to investigate the efficacy of Australia's Anti-Money Laundering/Counter-Terrorism (AML/CTF) legislation as it relates to limited liability companies. It focuses on the practices employed by financial institutions and regulatory authorities (eg ASIC) in collecting and verifying beneficial ownership information of limited liability companies. | |
| Project title: | An international human rights based critique of the legal regulation of homelessness in Australian jurisdictions | |
| Researchers: | Baghoomians, I | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2010-June 2011 | |
| Funding: | $5,000 | |
| Proejct summary: | According to the Bureau of Statistics, 105,000 Australians experience homelessness on a nightly basis. Because of this dire state of affairs, there is an urgent need for the investigation of the legal frameworks regulating homelessness and the discriminatory ramifications arising from it in Australian jurisdictions using an international human rights law framework. This project intends to contribute to the paucity of such rights based scholarly analysis by examining and critiquing the current legal regulatory and policy landscape in Australian jurisdictions. | |
| Project title: | The unravelling of Indonesia's anti-corruption framework: the role of law and legal process | |
| Researchers: | Butt, S | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2010-June 2011 | |
| Funding: | $4,970 | |
| Project summary: | Indonesia's Anti-Corruption Court has been very effective in investigating and prosecuting corruption cases since its establishment in 2003, maintaining a 100% conviction rate. When it began targeting 'big fish' corruptors, including powerful parliamentarians, Ministers and even the President, from 2008, however, it encountered political resistance so strong that the very existence of the Commission is now at risk. This project looks at how the Indonesian legal process has been used, by those the Commission has investigated, in an attempt to weaken and bring down the Commission. | |
| Project title: | Legal accountability for environmental decisions - a comparative study | |
| Researchers: | Edgar, A | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2010-June 2011 | |
| Funding: | $4,978 | |
| Project summary: | The current project will involve an assessment of judicial review of environmental decisions primarily in NSW courts and the Federal Court. In these jurisdictions, judicial review is facilitated through broad standing provisions. However, preliminary research shows that judicial review is an inadequate form of review of environmental decisions. This research seeks to determine whether judicial review is a weak accountability mechanism and, if so, why that is the case. | |
| Project title: | Who Judges Japan? Popular Participation in the Japanese Legal Process | |
| Researchers: | Nottage, L | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2010-June 2011 | |
| Funding: | $5,000 | |
| Project summary: | This project is primarily to complete a third book following on from an ARC DP (2004-7) comparing Japanese commercial regulation changes since the 1990s. It focuses on the judicial system reform program initiated in 2001 which aimed to make court and ADR procedures more accessible. | |
| Project title: | Approaches to Protection of Movable Cultural Heritage in Australia | |
| Researchers: | Shearing, S | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2010-June 2011 | |
| Funding: | $4,982 | |
| Project summary: | The project aims to undertake a comparative analysis of the scope and efficacy of movable cultural heritage objects legislation in Australia at Commonwealth and State/territory levels.The project will encompass both Indigenous and non-Indigenous movable objects. The project will involve a review of the relevant statutory frameworks and selected case law in seeking to identify appropriate legal frameworks and mechanisms that enable a consistent and effective approach to the protection of such objects against the backdrop of Australia's international treaty obligations. | |
| Project title: | Use and interpretation of discrimination provisions in labour laws - a benchmarking exercise to inform new discrimination rights under Fair Work Act 2009 (Cth) | |
| Researchers: | Smith, B | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2010-June 2011 | |
| Funding: | $5,000 | |
| Project summary: | One of the most significant components of the Fair Work Act 2009 (FW Act), is the new anti-discrimination provision, section 351. This has been heralded as a major expansion of anti-discrimination rights and a major regulatory shift in the framework for promoting equality in work. However, to appreciate what the provision adds and how it is likely to operate there needs to be an accurate understanding of the use and interpretation of pre-existing anti-discrimination rights in our labour laws. This project is designed to provide this by identifying all anti-discrimination provisions in the FW Act (and its predecessors), cataloguing their use, and analysing any arbitral or judicial interpretation of these provisions. | |
| Project title: | The International Law of the Sea | |
| Researchers: | Stephens, T | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2010-June 2011 | |
| Funding: | $4,982 | |
| Project summary: | This project involves the completion of research and writing on a major monograph on the law of the sea with Professor Donald Rothwell of the ANU College of Law that will be published by Hart Publishing in mid 2010. The book will provide concise and complete coverage of the law of the sea in an era in which there is growing interest in the governance of the ocean spaces that cover two-thirds of the planet's surface. | |
| Project title: | Is Burma's Lack of Trade Liberalization Helping to Keep the Generals in Power? | |
| Researchers: | Williams, B | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2010-June 2011 | |
| Funding: | $4,985 | |
| Project Summary: | This project will assess the extent to which Burma has avoided trade liberalization of trade in goods and services despite being a party to the WTO and to the ASEAN FTA and the AustNZ ASEAN FTA. The project will assess the extent to which trade protection is helping the military government retain political support in Burma. | |
| Project title: | Accommodating Islamic Banking and Finance in Australia and Across Asian Markets: Exploring Legal Problems and Agendas for Reform | |
| Researchers: | Farrar, S | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | July 2009-January 2011 | |
| Funding: | $4,300 | |
| Project summary: | Islamic banking and finance has become a growth area in recent years (in Southeast Asia especially) and is percieved by its advocates as a safer option in the wake of the global banking debacle. Noting that Islamic banking is in its very early stages in Australia, this pilot project seeks to explore how current banking and regulatory regimes in New South Wales can accommodate an ostensibly very different system. In particular, it will consider whether the problems in adjustment and cost implications would have a major impact on take-up locally and on foreign investment.2009. | |
| Project title: | A Right to Independent Hearing: Rights Conventions of the Separation of Powers? | |
| Researchers: | Gerangelos, P | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | July 2009-January 2011 | |
| Funding: | $5,000 | |
| Proejct summary: | The project will examine the efficacy of rights conventions/charters of rights (UK, EU) vis a vis the doctrine of the separation of powers, as a source of protection to a fair and independent judicial hearing. | |
| Project title: | A Feminist Adjudication Process: is there such a thing? | |
| Researchers: | Graycar, R | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | July 2009-January 2011 | |
| Funding: | $3,000 | |
| Project summary: | This project follows from a recent ARC funded research project into legal responses to systemic injuries and/or historical harms. It draws on empirical research conducted for that project into redress schemes in Canada and Ireland, and it also seeks to draw upon and develop recent scholarship on gender and reparations. Specifically the research is designed to interrogate whether there are feminist modes of adjudication or dispute resolution that can be effectively used in dealing with systemic harms (such as harms to the Stolen Generations of indigenous peoples). | |
| Project title: | Discovering Australian Guardianship Law: Publishing the decisions of the Australian Guardianship authorities | |
| Researchers: | Stewart, C | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | July 2009-January 2011 | |
| Funding: | $3,000 | |
| Project summary: | Guardianship law is a significant body of law affecting Australian health and welfare. The number of people affected by guardianship law is growing exponentially. This project will provide both published and unpublished decisions of guardianship authorities on an easy-to-use web database. The database will include decisions of NSW, QLD, TAS, Vic and WA authorities. Making these decisions available in this way will improve understanding of guardianship law and its consequential effects on the health and welfare of Australians. The database is a first step in a critical reformation of guardianship law, leading to submissions to stakeholders and law reform bodies. | |
| Project title: | The Meanings of Violence: Feminist Methodological Developments and Unresolved Tensions | |
| Researchers: | Stubbs, J & Mason, G | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | July 2009-January 2011 | |
| Funding: | $3,000 | |
| Project summary: | The project will examine the benefits of feminist research methodologies in the analysis of meanings and interpretations of violence. The researchers will examine feminist methodologies within criminology and other disciplines to: a) identify recent developments and ongoing tensions; b) bring insights from other disciplines to criminology; and c) reveal the potential for future research in this domain. They will draw upon a multi-disciplinary approach to feminist methodologies and apply this to violence as experienced by marginalised groups such as women, and racial and sexual minorities. Outcomes will include publications on feminist research methodology and on the meanings of violence. | |
