Melbourne Law School - Research Publications

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    Europe´s Third Way to Technological Sovereignty. A Critique
    Jimenez, A ; Cancela, E (Transform Europe, 2022)
    The European Union is witnessing a radical epistemic and societal change. The way we communicate, produce, socialise, and even govern, are being shaped by privately owned digital infrastructures. People in places as different as Spain and Poland are funneled through the same private conducts to culture, jobs and potential romantic partners. An ultralibertarian version of capitalism has been able to own the public sphere. Data, an abstract, inasible and imprecise concept, has be come key to understanding the conditions enabling the (re)production of capital. Recently, discourses on European digital sovereignty have gained momentum. Faced with an enormous pressure from franco-German national industries to ad vance their interests in the digital economy in the face of Trump's protectionist offensive and the enveloping opening of Xi Jinping, the EU is trying to impose an idea that takes us back to his foundational scenario: the promotion of greater competition will bring about the flourishing of European giants. We propose instead a Democratic Technological Development not shaped by market rules, but inspired by the ideas of solidarity, cooperation and wealth distribution. A community centered technological development built on the basis od democratic digital infrastructures. A fair ecosystem where vast networks of cooperatives can flourish. A space where the logic underpinning digital services is that of the common well-being, the respect for fundamental human rights, and not the profits of shareholders. A space where concepts such as digital economy does not equate with disinformation, data and resource extractivism or algorithmic discrimination.
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    Coercive Control and Judicial Education: A Consultation Report
    Douglas, H ; Ehler, H (Australasian Institute of Judicial Administration, 2022-06-01)
    The authors interviewed 28 judicial officers and 5 research experts to explore how best to present information about coercive control in the National Domestic and Family Violence Bench Book and to understand what information is needed by judicial officers to better understand coercive control. This Report outlines the findings.
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    Essentially Ours: Assessing the Regulation of the Collection and Use of Health-related Genomic Information
    McWhirter, R ; Eckstein, L ; Chalmers, D ; Kaye, J ; Nielsen, J ; Otlowksi, M ; Prictor, M ; Taylor, M ; Nicol, D (Centre for Law and Genetics, University of Tasmania, 2021)
    Essentially Ours provides an account of the current modes of regulation of health-related genomic samples and data in Australia. This Occasional Paper revisits some of the issues addressed in the 2003 Report, Essentially Yours, authored jointly by the Australian Law Reform Commission and Australian Health Ethics Committee pursuant to a reference from the Commonwealth Government ('Essentially Yours'). Essentially Yours emphasised 'that fundamental human dignity requires that individuals have a high level of control over their own genetic material… and that human genetic information is personal, sensitive, and deserving of a high level of legal protection'. The information presented in this Occasional Paper differs from Essentially Yours in two important ways, largely resulting from the technological and societal changes that have occurred in the intervening years. The first is that the term genetics has been replaced by the term genomics. Genomics refers to the study of the whole genome whereas genetics tends to focus on individual genes. Rapid technological advances mean that genomics is now the most common form of analysis. Secondly, although genomics provides increased clinical and research opportunities, it also raises particular individual and group-member risks. These changes demand reconsideration of the ethical, legal and social implications of and regulatory responses to advances in health-related genomics in Australia. Although the focus of this Occasional Paper is descriptive-that is, to account for the manner in which current laws apply to genomic samples and data-it necessarily brings to light regulatory gaps and fissures. In particular, traditional regulatory frameworks focus on controls at the level of the individual, either through consent or through efforts to strip genomic information of its identifiers. In the genomic era, these fail to recognise the essential nature of genomic samples and data as inherently identifiable and as shared within families, communities, and populations. This points to the need for a reorientation in the way genomic information is regulated in order to find a balance between ‘yours’ and 'ours'. We trust that Essentially Ours will provide a rigorous description of the regulatory landscape relevant to genomics in Australia and a tool for future legal analysis and law reform.
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    Guidance on Policy and Legislation for Integrated Waste Management during a Pandemic
    Peel, J ; Godden, L ; Palmer, A ; Markey-Towler, R (United Nations Environment Programme, 2022)
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    The prosecution of non-fatal strangulation cases: An examination of finalised prosecution cases in Queensland
    Fitzgerald, R ; Douglas, H ; Pearce, E ; Lloyd, M (University of Melbourne, 2022-04-11)
    This report presents first findings from a sample of finalised non-fatal strangulation case files drawn from the Office of the Director of Public Prosecutions (ODPP) Queensland. The aim of the report is to provide an initial overview of case- defendant- and complainant-characteristics for non-fatal strangulation-related cases charged and / or prosecuted since the introduction of the offence.
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    Non-fatal strangulation offence convictions and outcomes: Insights from Queensland wide interlinked courts data, 2016/2017-2019/2020
    Sharman, L ; Douglas, H ; Fitzgerald, R (University of Melbourne /University of Queensland, 2022-03-03)
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    Standard forms of contract in the Australian construction industry: Research report
    Sharkey, J ; Bell, M ; Jocic, W ; Marginean, R (Melbourne Law School, 2014)
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    Addressing Age Discrimination in Employment: a report on the findings of Australian Research Council Project DE170100228
    Blackham, A (University of Melbourne, 2021)
    This project aimed to research the effectiveness of Australian age discrimination laws. While demographic ageing necessitates extending working lives, few question the effectiveness of Australian age discrimination laws in supporting this ambition. This project drew on mixed methods and comparative UK experiences to offer empirical and theoretical insights into Australian age discrimination law. It sought to create a normative model for legal reform in Australia, to inform public policy and debate and improve responses to demographic ageing, providing economic, health and social benefits.
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    The Legalisation of Economic Social and Cultural Rights
    Tobin, J (Victorian Equal Opportunity and Human Rights Commission, 2010)
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    How to tackle illegal water abstractions? Taking stock of experience and lessons learned
    Guido, S ; Lucia, DS ; Bea, M ; Carmody, E ; van Dyk, G ; Fernández-Lop, A ; Fuentelsaz, F ; Hatcher, C ; Hernández, E ; O'Donnell, E ; Rouillard, JJ (Fundacion Botin, 2020)