Research

The Castan Centre undertakes high quality research into human rights-related issues, on both domestic and international topics.  Projects in which the Castan Centre has been involved include:

Centre projects

Aurora Project
Melissa Castan and David Yarrow of the Castan Centre for Human Rights Law and the Monash University Faculty of Law, work with Richard Potok, Honorary Research Fellow, on a capacity building project on Native Title law and practice for Native Title Representative Bodies.  The project focuses legal and non-legal training for NTRB staff, recruitment strategies, student internships and other related issues such as management training, needs analyses, and common services.  This project is funded by the Commonwealth Government and private industry sponsors.


Native Title Representative Body Lawyer Professional Development Project
Melissa Castan of the Castan Centre for Human Rights Law and the Monash Law School, has worked with Richard Potok, Honorary Research Fellow, on a research project examining Native Title law and practice.

The research focuses on the challenges Native Title Representative Bodies (NTRB) lawyers face while representing the interests of native title claimants. The research also evaluates appropriate strategies for developing training and professional development programs.

The project involved comprehensive research consultations with legal and managerial staff of NTRBs, as well as other professionals who work or otherwise deal with NTRB lawyers. Substantial background research has also being undertaken.

The research project had the involvement and support of NTRBs across the country, Aboriginal Torres Strait Islander Services and the Office of Indigenous Policy Coordination, the National Native Title Tribunal, the Federal Court of Australia, the Australian National University, the University of New South Wales, law firms Chalk and Fitzgerald, Arnold Bloch Leibler and Gilbert & Tobin, as well as several philanthropic foundations.

Final Report April 2005
Final report excluding part f     - contains all sections except part f 
Report date tables: part f - contains part f (data section)

Several blank pages are contained within the Report deliberately as it is intended to be printed double sided.
NB: Table AP9 has been amended from earlier versions in order to correct typographical errors.

For any inquiries please contact Richard Potok on r.potok@unsw.edu.au


The Human Rights Responsibilities of Multinational Corporations
ARC Linkage Project awarded to the Castan Centre in 2001.

Group Projects

ARC Grant - Australia's Response to Trafficking in Women: Towards a Model for the Regulation of Forced Migration in the Asia-Pacific Region

Chief Investigators: Dr Julie Debeljak, Associate Professor Susan Kneebone and Professor Bernadette McSherry

Collaborating Organisations: Commonwealth Attorney-General, HREOC and World Vision

2006-2008:  This project will evaluate Australia's response to the trafficking of persons, particularly women and children, from the perspectives of criminal justice, international human rights law and migration law.  It will also address the broader issues concerning the regulation of forced migration in Australia and the Asia-Pacific region.  The project will develop a practical training program for Australian government agencies and non-governmental organisations involved in combating trafficking.  This will help in safeguarding Australia from organised transnational crime.  It will enhance Australia's international and regional reputation by providing legislative and policy models to combat trafficking.

ARC Grant - The World Trade Organization and Human Rights

Chief Investigators: Professor Sarah Joseph, Professor Jeff Waincymer and Professor David Kinley

2005-2007:  This project will examine the appropriate role, if any, of the WTO in the protection of international human rights law; the impact on the enjoyment of human rights, both beneficial and detrimental, of the WTOs work; and differences and convergences between the 'WTO/human rights' debate in the North and South.  Reform proposals for the WTO will be formulated in light of conclusions drawn respecting the aforementioned issues.  The consequences of the 'linkage' of human rights and trade regimes for global governance, as well as comparisons with human rights issues under regional or bilateral trade regimes, will also be analysed.

Don Chipp Foundation Small Grant - Bills of Rights in the Age of Terror

Chief Investigators: Professor Sarah Joseph, Dr Julie Debeljak, Patrick Emerton and Ibrahim Abrahim

2006:  To pursue a research project to facilitiate and contribute to contemporary debate about the role that a Bill of Rights would play in upholding democratic values in an age of terror.

Workshop 25 August 2006

Individual projects

Professor Sarah Joseph

A handbook was recently completed for the World Organisation Against Torture (OMCT), co-authored by Professor Sarah Joseph, Carin Benninger-Budel and Castan Centre research assistants Katie Mitchell and Linda Gyorki.  The book,Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Treaty Bodies (Volume 4), will help further the fight to eradicate torture around the world.  The handbook is part of a series being published by OMCT to assist individuals and non government organisations with the process of bringing acts of torture into the light.

Professor Susan Kneebone

• ARC Grant 2002 for a project entitled 'Fair Procedures for Refugee Status Determinations' together with Professor Stephen Legomsky of Washington University, St Louis, Missouri, USA. This project undertakes a comparative evaluation of the standards and procedures of six countries to determine the features of fair models for justice in this context
• ARC Grant 2001 for a project entitled 'Nationality, Alienage and Non-refoulement of Refugees'
• ARC Grant 2000 for a project entitled 'The Refugees Convention 50 Years On: Globalisation and International Law'. The purpose of this was to enable me to conduct an international workshop on the Refugees Convention

Julie Debeljak

• Strategic Partnership with Industry - Research and Training (SPIRT) Grant (The Judicial Conference of Australia being the Industry Partner) 1999-2002: The Institutional Impact of a Bill of Rights
• ‘Reform in American History and Law’, Fulbright American Studies Institute Fellowship, June-August 2001

Bernadette McSherry

• ARC Grant in 2001, with Moira Paterson (for a three year period) entitled "Electronic Health Records: Achieving an Effective and Ethical Legal and Recordkeeping Framework"

Bronwyn Naylor

• Monash University Small Grants Scheme 2000: Accountability in public and private prisons: the operation of internal disciplinary hearings in Victorian prisons.