Melbourne Law School - Research Publications
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ItemTo What Extent Should Lead Firms be Held Liable for Workplace Contraventions?(Australian National University, 2016)
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ItemThe Evolution of Enforcement under the Fair Work(AIRAANZ, 2019)
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ItemToward a Legal Framework for Regime Interaction: Lessons from Fisheries, Trade and Environmental Regimes(Cambridge University Press on behalf of the American Society of International Law, 2011)
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ItemUnderstanding Academic Educators' Work in Supporting Student Wellbeing(Higher Education Research and Development Society of Australasia Inc, 2017)Universities are increasingly concerned with student mental health, as empirical studies indicate a high prevalence and severity of psychological distress among student populations (Larcombe et al., 2016; Bore et al., 2016). From a developmental systems perspective, discussions about student wellbeing must include the perspectives and needs of academic educators. Edward L. Deci and Richard M. Ryan’s Self-Determination Theory (Ryan & Deci, 2000) offers several suggestions for how academic educators can facilitate wellbeing through their teaching, but there is still little evidence of the work that educators do to promote student wellbeing as part of their everyday practice. Using an online survey, we asked 315 academic educators from diverse disciplines at three universities about their experiences with student mental health: their awareness of related issues, their strategies, and institutional supports. In general, respondents were aware and concerned about student mental health. They described diverse strategies for promoting student wellbeing, many of which were common practices in higher education, and all of which were consistent with Self-Determination Theory approaches. The implication for educators concerned with wellbeing is to identify the elements of their teaching that might already be promoting wellbeing. Respondents also wanted greater institutional support around responding to student distress and around mental health literacy. Their comments highlight the importance of a developmental systems approach to student wellbeing in which university systems work together and support each other.
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ItemSecurity of Payment in the Construction Industry: Does International Experience Provide a Crystal Ball for North America?(Society of Construction Law North America, 2018)Over the past two decades, more than a dozen jurisdictions around the world have enacted legislative reform programs to promote ‘security of payment’ within their construction industries. There are two linked foundations to these reforms: ensuring prompt payment for work done, and rapid interim adjudication of disputes over the amount of payment due for that work. This paper examines the reform processes currently underway in North America, focusing on those recently implemented in Ontario, Canada. It then draws on the experience in several other jurisdictions which have had security of payment legislation in place for some time (the UK, Ireland, the Australian states and territories, New Zealand, and Malaysia), along with proposed legislation in Mauritius, in order to distil lessons which can be applied for the benefit of the reform programs in North America. These include the need for clarity and, to the extent possible, cross-border consistency in the drafting and application of the elements of the schemes.
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ItemTranslating the International Convention on Racial Discrimination into Australian law(Australian Human Rights Commission, 2015)The papers in this publication reflect the major themes explored in February: the Act’s history and impact, the question of racial vilification and free speech, emergent challenges concerning cyber racism, the relationship between race and religion, systemic outcomes and the law, and the Act’s ability to protect Indigenous Australians against racial discrimination.
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ItemRisk management, governance and financing issues in Public Private Partnerships – Transport projects(Universiti Malaysia Pahang, 2017-04-03)
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ItemA balanced approach to project management in partnering types of contract: a public private partnerships framework(IEEE, 2016)This paper investigates project management relationship employed in partnering types of contracts by investigating practices and gathering inputs from participants specifically involved in Public Private Partnership (PPP) projects in Australia. A detailed survey was conducted and the results revealed behavioral differences between project management of PPPs compared with the focus of more conventional projects where an adversarial approach is common rather than using a strategic approach in managing projects. This research indicates that, for the success of partnering type of projects, strategic aspects of project management play an important role and are equally important with traditional aspects of project management. Some of those critical areas of project management to balance the approach are identified and utilized in a new proposed project management framework. The proposed framework enhances the commonly utilized framework, developed by Project management Institute (PMI), by adding the strategic project management aspects into the architectural of the approach.
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ItemUnderstanding Dynamism and Flux in the Ideological Struggle for CSR(Organising Committee for the International Association of Business and Society 2010 Conference, 2010)