Melbourne Law School - Research Publications
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ItemSubmission to the Select Committee on Job Security( 2021)Work is a central human activity, critical to social cohesion and social identity, future economic prospects and the fulfilment of human potential. Yet over successive decades, paid employment has become more precarious and insecure. Insecure work includes fixed-term contracts; seasonal work; marginal part-time, casual and on-call work; labour hire and temporary agency work; and ‘dependent’ or ‘disguised’ self employment. .
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ItemStrengthening Australia’s cybersecurity regulations and incentives: Response to the Department of Home Affairs Discussion Paper( 2021)The development of the regulatory and incentives framework is a key opportunity to align Australian enterprises’ cybersecurity practice with latest research, particularly on consumer protections, and emerging cyber threats and security challenges. The Australian Government has an essential role in establishing incentives to encourage best practice and consequences to combat poor practice. It will be increasingly important for government at all levels to act as a role model, by following best practice in the conduct of its public business.
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ItemInclusion of Combatants in Constitution-Building(International Institute for Democracy and Electoral Assistance and the Constitutional Transformation Network, 2020)Where constitution-building occurs in a conflict-affected context, the inclusion and participation of combatants in constitution-building processes raises challenging and distinctive issues. In such contexts, constitution-building is likely to overlap with a wider peace process that comprises the negotiation of peace agreements, and disarmament, demobilization and reintegration (DDR) programmes.
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ItemConstitutional beginnings: Making and amending constitutions(International IDEA and the Constitution Transformation Network, 2018)When considering substantive changes to a written constitution, constitution-makers must decide whether to make an entirely new constitution or amend the existing constitution. The distinction between making a new constitution and amending an existing constitution is not always clear cut. Much depends on the criteria used to make the distinction.
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ItemConsultation, Deliberation and Decision-Making: Direct Public Participation in Constitution-Building(International Institute for Democracy and Electoral Assistance and the Constitution Transformation Network, 2020)Direct public participation is now regarded as an essential part of a constitution-building process. In the 21st century, almost every exercise in constitutional reform has involved an opportunity for members of the public to engage in the process. The right to participate in public affairs is internationally recognized and a consensus has emerged that public participation is good practice in constitution-building.
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ItemImplementing Federalism(International Institute for Democracy and Electoral Assistance and the Constitution Transformation Network, 2018)More than 25 countries around the world operate as a federation of some kind. Many more devolve power in other ways, across the country or in particular regions with special autonomy. Some of the older federations are well-established; India, Malaysia and Pakistan are examples. Others are much more recent, however. Many new constitutions provide for federation or some form of devolution. In Asia and the Pacific, for example, the new Constitution of Nepal establishes a federation, and federalism is under consideration in Myanmar, the Philippines and Solomon Islands.
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ItemReview of domestic violence deaths involving non-fatal strangulation in Queensland.(The University of Melbourne and The University of Queensland, 2021-11-01)This report draws on files held by the Domestic and Family Violence Death Review Unit in the Coroners Court of Queensland to examine 20 intimate partner homicides where strangulation was either present in the relationship before death, was the cause of death, or both. All deaths occurred between 2011 and 2020, before and after the introduction of the non-fatal strangulation legislation (Queensland Criminal Code Qld, s. 315A) in 2016. Research for this report was conducted on closed coronial investigations only and is not necessarily reflective of all deaths of this nature within the time period.
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ItemThanks a Bundle: Improving Support and Access to Online Telecommunications Products for Consumers with Cognitive Disabilities(University of Melbourne, 2018-12-13)This report presents the results of a 2018 study conducted by an interdisciplinary research team, which was supported by the Melbourne Social Equity Institute and funded through the Australian Communications Consumer Action Network's Grants Program. The operation of the Australian Communications Consumer Action Network is made possible by funding provided by the Commonwealth of Australia under section 593 of the Telecommunications Act 1997. This funding is recovered from charges on telecommunications carriers.
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ItemInvesting for Sustainable Food Systems: Current Practice in Australia( 2021-08-19)Summary • Food systems are a major driver of climate change, biodiversity loss, depletion of freshwater resources and pollution of waterways. • We examined the extent to which major institutional investors engaged in responsible investment in Australia consider sustainable food systems as part of their investment approach. • Nineteen out of 35 investors incorporated considerations related to sustainable food systems into investment decisions in some way. • We identified six strategies that investors used to incorporate sustainable food system considerations into their decision making. • The most common strategy used by investors was 'corporate engagement and shareholder action’ (using shareholder power to influence corporate behaviour). • The sustainable food system themes most commonly mentioned by these investors were ‘human rights’ (specifically labour rights in the food supply chain) and ‘animal welfare and anti-microbial resistance’. • Only one company, Australian Ethical, had a comprehensive policy on investment decisions related to sustainable food systems. • Examples of good practice included engaging with companies in relation to modern slavery concerns in the food supply chain, negatively screening intensive animal agriculture due to concerns about animal welfare and environmental sustainability, and investing in agricultural land to support a climate transition. • Future research will focus on engaging with investors to identify opportunities for progressing an investment agenda that promotes sustainable food systems in Australia.
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ItemProtection of Employees in a Transmission of Business: What is Left in the Wake of Work Choices and Subsequent Statutory Amendments(Centre for Employment and Labour Relations Law, 2007)Regulation of the employment relationship in the context of a transmission of business has undergone substantial revision as a result of the Workplace Relations Amendment (WorkChoices) Act 2005 (Cth), and more recently, the Workplace Relations Amendment (A Stronger Safety Net) Act 2007 (Cth). The first part of this paper reviews the statutory treatment of transmission of business in the past and considers the traditional justification for regulatory intervention in this area. The focus then turns to a detailed examination of the new statutory provisions and analyses the possible impetus for the changes, as well as identifying potential shortcomings. Finally, it looks at recent amendments relating to the application of duress in connection with Australian Workplace Agreements. It is argued that, despite the growing body of case law in this area, statutory intervention was necessary in order to ensure that, in a transmission of business, the obligations of employers were clearly prescribed and the market position of employees was properly protected.