CrimNet

17 August 2023

Can we accommodate independent legal representation for complainants of sexual violence in an adversarial system?

Friday 18 August 2023, 12.30-2.30pm AEST

Venue: Level 1, Law Lounge, New Law Building Annex (F10A), Eastern Avenue, Camperdown campus

CPD Points: 2

“The legitimate rights of the accused should be protected and fulfilled. So too the rights of the community.” – VLRC, 2021

Australia has not been immune from calls to strengthen its criminal justice system, with a series of inquiries over the past seven years considering matters affecting complainants of sexual violence. Despite relying on victims to report crime and cooperate so that the state may prosecute, the mistreatment of victims remains a subject of academic criticism.

On behalf of With You We Can, this event co-ordinates advocates, lawyers and academics to discuss models of independent legal representation for victims abroad, and how we might apply similar principles in Australia. The discussion will be preceded by a short screening of Suzie Miller’s Prima Facie, a powerful tool to create more developed understanding of our justice system in these contexts.

Speakers will be consulting victimologist Michael O’Connell AM APM, who served as the inaugural Commissioner for Victims’ Rights, Associate Professor Kerstin Braun, who teaches criminal law and procedure in the School of Law and Justice at the University of Southern Queensland, Eleanor Danks, an advocate who went through the legal system as a survivor of intimate partner sexual violence while working at the Victorian Office of Public Prosecutions, and Sarah Rosenberg, Director and Co-Founder of With you We Can. 

Call for papers: The Folbigg Case and Wrongful Convictions in Australia

Sydney Institute of Criminology (University of Sydney Law School) and the Centre for Crime, Law & Justice (Faculty of Law & Justice, UNSW)

Deadline for submissions: 1 September 2023 

Following the recent release and pardon of Kathleen Folbigg, the UNSW Faculty of Law and Justice and the University of Sydney Law School are jointly hosting a day-long symposium focused on Ms Folbigg’s wrongful conviction and its socio-legal implications.

The aim is to host a series of critical presentations spanning a variety of subjects, ranging from law and gender, the use of probabilistic (i.e. tendency and coincidence) reasoning, reliance on diaries as admissions, our system of criminal appeals, the politicised process of additional appeals and public inquiries, media representations, relations between law, science and medicine, and the prospect of a criminal cases commission.

Speakers include:

· Professor Stephen Cordner (Monash University and the Victorian Institute of Forensic Medicine)

· Professor Emma Cunliffe (University of British Columbia, Vancouver)

· Professor Gary Edmond (UNSW)

· Professor David Hamer (University of Sydney)

· Associate Professor Mehera San Roque (UNSW)

We invite scholars, legal practitioners (particularly those involved) and other participants to join us in person to critically examine the implications of this important case for understanding the NSW legal system as well as the need and potential for change. The symposium will be based around short presentations, panel discussions, and audience participation.

If you would like to present a paper at the symposium, please forward a short abstract containing a title, an outline of your proposed presentation (approximately 100-150 words) and a brief biographical profile to g.edmond@unsw.edu.au or m.sanroque@unsw.edu.au by 1 September 2023. Presentations should be around 20 minutes in length. Preference will be given to presentations related directly to the Folbigg ‘case’ and reform emerging out of the wrongful conviction. There will be an opportunity to submit papers to a Special Issue of Current Issues in Criminal Justice.

Date: Thursday 5 October 2023, 10am – 6pm

Venue: UNSW CBD Campus (1 O’Connell Street, Sydney 2000).

Attendance: Details on registration (free) for those who are not presenting will follow.

The symposium is jointly supported by the Sydney Institute of Criminology (University of Sydney Law School) and the Centre for Crime, Law & Justice (Faculty of Law & Justice, UNSW).

Meet the author | Reimagining Desistance from Male-Perpetrated Intimate Partner Violence: The role and experiences of female victims-survivors

24 August 2023; 6:00 PM - 7:15 PM 

Despite decades of research, our understanding of IPV desistance processes is very limited. In particular, understanding of the mechanisms that may account for why some men ‘stop’ abusing their partners and others persist, is under-developed. Because IPV occurs within a dyadic and domestic context, women who are subjected to IPV are not only in a unique position to observe their partner’s behaviours (and how they change over time), but also to implement strategies to initiate and support their partner’s desistance.

Institute member, Emeritus Professor Terry Carney AO was interviewed by ABC Radio National about Robodebt. Listen here. 

Institute member, Associate Professor Greg Martin, co-authored a book titled, 'The Emerald International Handbook of Activist Criminology'. 

The Emerald International Handbook of Activist Criminology examines the history of both recent and more established justice campaigns and interventions. Spanning contributions from activists, activist academics, and practitioners from five continents, chapters address a range of criminological perspectives that engage in questions of effecting change through activism. Read here. 

Emerald Publishing also released a podcast featuring Associate Professor Greg Martin. The podcast explores activist criminology and its role in addressing the negative impacts of crime controls on the lives of intersectionally disadvantaged groups in society. Listen here. 

2023 Gala Dinner & Civil Liberties Journalism Awards; NSW Council for Civil Liberties 

20 September 2023; 6:00 PM Onwards

The NSW Council for Civil Liberties has organised a dinner to celebrate their 60th anniversary and to honour the extraordinary activists who founded the Council. Institute member, Mr Josh Pallas is the President of NSWCCL. Institute member, Adjunct Professor Nicholas Cowdery AO KC is also on the committee. For more information, see here. 

Professor Arlie Loughnan is a Professor of Criminal Law and Criminal Law Theory at the University of Sydney Law School. She is a member of Sydney Institute of Criminology. 

Her research concerns criminal law and the criminal justice system. Her particular interests are constructions of criminal responsibility and non-responsibility, the interaction of legal and expert medical knowledges and the historical development of the criminal law. 

Professor Loughnan has authored and co-authored several criminal law books which are widely used in educational institutions.

In recent decades, in Australia, a number of laws have been named after victims of crime. Professor Arlie Loughnan presented at The Peter Brett Memorial Lecture 2023 at The University of Melbourne Law School. The theme was, 'Living on in the Law: Naming Laws after Homicide Victims.' 

The 2023/24 Criminal Law CPD Series, presented by the Sydney Institute of Criminology, is an innovative educational program made up of 8 recorded webinars.

Our series covers a wide range of criminal law topics, including criminal procedure, evidence law, and criminal advocacy. Led by experienced legal professionals, our webinars are designed to help you stay up to date with the latest developments in criminal law and earn your mandatory CPD points.

A new webinar will be released each month from April to November and will include a quiz to test your comprehension of the material being discussed.  

Register now for the full series or individual webinars and enjoy the flexibility of watching at your own pace from any location at any time.  

Information for lawyers and barristers
If this educational activity is relevant to your professional development and practice of the law, then you should claim 1.5 MCLE/CPD points per seminar attended.

Practitioners are advised to check with the CPD governing body in their jurisdiction for the most accurate and up-to-date information. Find out about interstate accreditation.

Cost: Full series (8 x webinars) = $300 
Individual webinar(s) = $50

Non-consensual sexual offence law reform in Western Australia

Substantive Law 

Dr Andrew Dyer -  Available now

The Attorney-General of Western Australia has asked that State’s Law Reform Commission to review Western Australia’s sexual offence laws. In December 2022, the Commission published a Discussion Paper that deals with the law relating to sexual consent and the operation of honest and reasonable mistake of fact in non-consensual sexual offence proceedings. This seminar will consider the various reform options. 

Vulnerable witness advocacy

Practice Management and Business Skills, Ethics and professional responsibility

Philip Hogan -  Available now

This seminar will discuss the definition of a vulnerable witness in the Criminal Procedure Act 1986 (NSW) and the provisions in the Act that allow for the use of pre-recorded evidence and provide for other alternative means of giving evidence. The seminar will particularly consider the way a complainant’s evidence is adduced in the Child Sexual Assault Program operating in some NSW courts. There will also be some discussion of Evidence Act 1995 (NSW) provisions that may be relevant to the evidence of a vulnerable witness. Finally, the seminar will cover relevant provisions of the Equality before the Law Bench Book and some findings of the Royal Commission into Institutional Responses to Child Sexual Abuse. 

Digital vulnerability: Vulnerable individuals and remote access technologies in justice

Ethics and professional responsibility. Professional skills. Practice Management. 

Dr Carolyn McKay - Available now

This seminar will focus on the use of remote access technologies, such as audiovisual links, when working with vulnerable individuals in the justice system, and the developing concept of ‘digital vulnerability’. The seminar will draw on Dr McKay’s current Australian Research Council (‘ARC’) funded research and examine the multiple layers of vulnerability that individuals may experience while involved in legal matters. It will present preliminary findings from initial fieldwork interviews with lawyers and judicial officers that reveal critical perspectives on the impacts of digitalisation on vulnerable people in the justice system. While the research project and findings centre on the criminal justice system, many of the issues are equally relevant to legal practitioners working with vulnerable people in civil matters. 

Assessing witness credibility: Is it possible to tell whether someone is lying or telling the truth?

Substantive law. Professional skills.

Associate Professor Helen Paterson - Available now

Witness testimony can be extremely influential in legal investigations and trials; however, sometimes witnesses lie. Such deception can be detrimental to due process, and can result in miscarriages of justice. Thus, it is important for legal personnel and factfinders to be able to determine whether someone is lying or telling the truth. This interactive seminar will discuss research investigating behavioural and content indicators of deception. It will help legal practitioners understand the difficulties in discriminating liars from truth-tellers as well as the evidence base for various lie detection techniques. 

Advocacy in the Children's Court: Considerations for criminal matters involving children and young persons

Ethics and professional responsibility. Professional skills.

Judge Ellen Skinner, Shannon Richards and James Clifford - Available 28 September 2023 

The Children’s Court deals with a wide range of cases across New South Wales involving children and young people. In its criminal jurisdiction, matters involve defendants under the age of 18. There are complexities in the legislation as to how certain charges involving children and young persons proceed, including considerations of doli incapax and whether the charges can remain at the summary level or should be dealt with ‘at law’ in a higher court. This presentation will discuss issues around the age of criminal responsibility and the committal process in the Children’s Court. It will help lawyers practising criminal law who appear in the Children’s Court, and provide perspectives from the Bench, prosecution and defence. 

Should Deceptive Sex Always Be Rape? Dr Andrew Dyer - Substantive Law

The Role of the Crown Prosecutor in NSW Mr Brett Hatfield Practice - Management and Business Skills, Ethics and professional responsibility

The Reliability and Credibility of Eyewitnesses Associate Professor Helen Paterson - Substantive Law

Ethical Practice for Junior Criminal Law Barristers Ms Talitha Hennessy - Ethics and professional responsibility

Myths, Misconceptions and Mixed Messages: An Early Look at the New Tendency and Coincidence Evidence Provisions Professor David Hamer - Substantive Law

Advocacy in the NSW Court of Criminal Appeal Mr John Stratton SC - Professional Skills

The Work of the Mental Health Review Tribunal Judge Paul Lakatos SC - Professional Skills

Current Issues in Criminal Justice (CICJ) provides detailed analysis of national and international issues by a range of outstanding contributors. It includes contemporary comments, with discussion at the cutting edge of the crime and justice debate, as well as reviews of recently released books.

CICJ accepts submissions on a rolling basis.

Editor: Dr Justin Ellis, member of the Sydney Institute of Criminology

You can access current and previous issues of Current Issues in Criminal Justice here.

If you have a book suitable for review by CICJ, please email the books editor, Celine Van Golde at celine.vangolde@sydney.edu.au

Seminar: Time to Get (Ethically) Real: Reconciliatory Restorative Justice; UNSW Centre for Crime, Law and Justice 

30 August 2023, 1:00 PM- 2:00 PM 

For some time, restorative justice has been promoted as a radically different and seemingly better approach to violation than conventional criminal justice. However, there is a disconnect between that promise and the way in which restorative justice is both conceptualised and applied in practice. In part, the reason for this failure is that restorative justice has failed to develop an adequate account of what it is really about all the way down. Register here. 

Legal Education Research Conference 2023; UNSW Law & Justice 

Mon, 20 Nov 2023 9:30 AM - Tue, 21 Nov 2023 5:00 PM

The field of legal education is evolving, and a significant shift has taken place towards more experiential and practical learning approaches. The theme for this year is 'Situated Learning: Climate Change, First Nations Recognition, Generative AI'. Register here. 

Australian Institute of Criminology Conference 2023

16 October 2023

The Australian Institute of Criminology (AIC) is hosting the AIC 2023 conference on Monday 16 October 2023, commemorating 50 years since the establishment of the AIC.

A limited number of conference tickets are available to purchase from Eventbrite.

For more information, see here. 

Conference: Improving Outcomes for Children Experiencing Vulnerability & Risk; The Hatchery 

26 September 2023 - 27 September 2023 

In Australia, there is a national drive to improve outcomes for vulnerable children through targeted interventions, but more needs to be done to improve service and system level responses, lift workforce capability and effectively support children experiencing risk, harm or vulnerability, particularly in complex cases.

The conference will showcase how all Australians can work together to achieve the best outcomes for vulnerable children and those experiencing disadvantage. Register here. 

Webinar: Adolescent violence in the home – Prevalence, service responses and the intersection with disability

24 August 2023; 1:00 - 2:30 PM 

Adolescent violence in the home (AVITH) is commonly described as a pattern of violent or abusive behaviour used by an adolescent within their family. Adolescents who use violence are often victims and survivors of violence themselves.

This webinar will begin with three evidence presentations on the latest research on AVITH, followed by a panel discussion with youth advocates, policymakers, sector experts and practitioners across the youth and legal sectors. It will focus on the prevalence and nature of AVITH; the intersection of AVITH and young people with disability; how services could use a collaborative response to support young people and families experiencing AVITH; and, crucially, the support needs that young people themselves have identified. Register here.

Women's eSafety by Design

05 September 2023; 5:30 PM - 8:30 PM

Women and girls face abuse, exploitation and threats of violence in a wide range of online spaces. Safety by Design puts women’s safety at the heart of digital technologies, preventing harm before it occurs and holding perpetrators to account.

Join in a conversation envisioning a world of online safety and network with the eSafety Commissioner, Julie Inman-Grant, Swinburne researchers and Swinburne partner organisations working to end all forms of violence against women and children. Register here. 

Call for Volunteers: Justice Action Internship Program 

Justice action is a community based social justice non-for profit organization.  Interns will engage in policy work, preparing tribunal and court cases, contributing to media releases and writing correspondence for lobbying purposes.

For more information about Justice Action, please visit their website.

To apply, please email your CV and cover letter to the Justice Action Coordinator, Brett Collins at: brett@justiceaction.org.au  

Team Leader, Deadly Families; Deadly Connections Community & Justice Services 

Deadly Families is a culturally responsive program within DC that provides intensive, cultural, practical support
for Aboriginal Mums (& Dads) who are expecting (6-8 weeks from due date) or with children aged 0-5 years
old across the Inner West/City of Sydney LGA's. For more details, see here. 

Junior Criminal Lawyer - Nyman Gibson Miralis Defence Lawyers

Nyman Gibson Miralis (NGM) is a leading and expanding Australian law firm based in Sydney that specialises in international and domestic criminal law including cross-border investigations and white-collar crime.

They are seeking two newly admitted lawyers to join their team and assist with complex tax and corporate crime regulatory investigations including international criminal law matters as well as white- collar crime, anti-bribery and corruption, anti-money laundering and cyber-crime. Apply here. 

Fellow/Associate Professor; Australian National University

Applications close: 27 August 2023 

The School of Regulation and Global Governance (RegNet) is a dynamic community of scholars from different disciplines united by our interest in regulation and governance. The Fellow/Associate Professor will be a key member within RegNet, contributing to all School activities. For more information, see here. 

Call for preliminary submissions: Anti-Discrimination Act; NSW Law Reform Commission 

Deadline for Submission: 29 September 2023 

The Attorney General has asked the Law Reform Commission to review the Anti-Discrimination Act 1977 (NSW). The terms of reference set out the scope of the review.

NSW Law Reform Commission is calling for preliminary submissions on issues relevant to the terms of reference. A guide to making a submission has been released. 

Please email your preliminary submission to nsw-lrc@justice.nsw.gov.au by 29 September 2023. For more information, see here.

Call for Papers: Law and Society Association of Australia and New Zealand

Deadline for Submissions: 25 August 2023 

The Law and Society Association of Australia and New Zealand (LSAANZ) is inviting socio-legal scholars and others working at the intersections of law and society to submit panel and abstract proposals for its 2023 in-person conference: Voice, Resistance, and Repair: Law and living together. Find more details here.

Call for projects: European Crime Prevention Award and Best Practice Conference 2023 

Deadline for Submissions: 29 September 2023 

The European Crime Prevention Award (ECPA) and Best Practice Conference (BPC) will take place on 13 and 14 December 2023 in Valencia, Spain. The theme is preventing the trafficking in human beings for the purpose of labour exploitation and other kinds of exploitation. For more information, see here. 

Call for Submissions: UNSW Law Journal 

Deadline for Submissions: 17 November 2023 

The UNSW Law Journal is currently welcoming submissions for the thematic component of Issue 47(2). The topic for this thematic is ‘Developments in Rights, Freedoms and Accountability’. For more information, see here. 

Call for Awards: Australia New Zealand Policing Advisory Agency, National Institute of Forensic Science Australia New Zealand

Applications close: 31 August 2023 

The ANZPAA NIFS Best Paper Awards are presented yearly and recognise the contribution of members of the Australia New Zealand forensic science community in improving the forensic sciences and increasing the body of knowledge available to the forensic and wider communities.

Applications for the ANZPAA NIFS Best Paper Awards are currently being accepted via email to secretariat.nifs@anzpaa.org.au and submissions close 31 August 2023.

For further information on the awards, entry conditions and to download the application form, see here. 

Fellowship: Information Society Law Center, University of Milan

Applications close: 04 September 2023

The Information Society Law Center (ISLC) at the University of Milan is inviting high-profile candidates to apply for Online Fellowship positions for the period between 1 October 2023 and 31 May 2025. The ISLC is a multidisciplinary research center that studies the legal, technological, political, philosophical, and social aspects of the information society, with particular attention to the “Digital Transformation Law”.

The Center brings together scholars from various disciplines, including legal informatics, philosophy of law, sociology of law, ecclesiastical law, criminal law, criminal procedure, philosophy of politics, general theory of law, bioethics, data science, cybersecurity, artificial intelligence, and smart contracts.

To be considered, applicants must complete the application format no later than 11:59 p.m. GMT on 4 September 2023.

Selected candidates will be announced by 25 September 2023, and the Fellowship positions will begin on 1 October 2023 and end on 31 May 2025.

Please visit https://islc.unimi.it for further information.

Research report: Restrictive practices: A pathway to elimination 

Royal Commissioninto Violence, Abuse, Neglect and Exploitation of People with Disability

The report was commissioned by the Australian Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and authored by three critical disability academic researchers independent of the Royal Commission: Claire Spivakovsky, Linda Steele and Dinesh Wadiwel.

The report provides an evidence-base grounded in the experiences of people with disability and international human rights law for understanding restrictive practices as violent, traumatising, and harmful. The report highlights lack of evidence of the effectiveness of ‘positive behaviour support’ in reducing or eliminating use of restrictive practices. The report presents an 8 point plan for elimination of restrictive practices, including legal prohibition of restrictive practices, deinstitutionalisation and desegregation, and reparations.

The open access report, an Easy Read summary and AUSLAN summary can be accessed here: Restrictive practices: A pathway to elimination | Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

Book: Gender Inclusive Policing: Challenges and Achievements

Edited By Tim Prenzler 

Gender Inclusive Policing: Challenges and Achievements is an edited collection focused on current challenges, innovations and positive achievements in gender integration in policing in different subject domains and locations. Comprised of essays by expert contributors from across the globe, the book covers a variety of topics including jurisdictional achievements (South Africa, British Isles, Scandinavian countries, Australia), women in leadership (achievements and methods, merit and affirmative action issues), performance comparisons (conduct, ethics, peacebuilding), intersectionality (Indigenous women) and women’s police stations (Argentina). The book explores and grapples with issues of recruitment, deployment and promotion; obstacles to equity; effective integration strategies; management, conduct and policing styles; race and ethnicity; and specialisation. It is an essential resource providing practical exemplars for police managers involved in gender-equity programmes and for professionals involved in advanced-level research, teaching and consulting. Read here. 

NSW Sentencing Council

Sentencing Explained is a podcast about NSW sentencing trends and practices. Join Chair of the NSW Sentencing Council, the Hon Peter McClellan AM KC, in conversation with esteemed guests including judges, police, public interest lawyers, prosecutors, victims’ advocates, and Sentencing Council members. They provide a window into the NSW justice system for Legal Studies students, law students, lawyers, and anyone interested in criminal law.

Episodes are released on Mondays. Study guides are available with every episode to help students strengthen their understanding of the content.

Paper Chained, Issue 11

Paper Chained is a journal of writing and artistic expression from individuals affected by incarceration. Issue 11 of Paper Chained, a journal of expression from behind bars, has now been released and is available to read and download on their website.

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