Sydney Institute of Criminology
CrimNet
02 December 2022
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The CrimNet newsletter is sponsored by the Sydney Institute of Criminology. CrimNet provides regular communication between criminal justice professionals, practitioners, academics and students in Australia and overseas. Share CrimNet with your peers and help grow the network.
The University of Sydney’s central campus sits on the lands of the Cadigal people of the Eora nation and has campuses as well as teaching and research facilities situated on the ancestral lands of the Wangal, Deerubbin, Tharawal, Ngunnawal, Wiradjuri, Gamilaroi, Bundjulong, Wiljali and Gereng Gureng peoples. We pay our respects to elders, past, present, and emerging who have cared and continue to care for Country.
CULTURAL ADVICE: Aboriginal and Torres Strait Islander people are advised that CrimNet may contain distressing material and images or names of people who have died.
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Institute Events and Activities
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Benoît Dupont: Cybercrime as a co-evolutionary process: the quest for survival, efficiency and effectiveness
On 23 November, Sydney Institute of Criminology was fortunate to have heard Professor Dupont present on cybercrime as a co-evolutionary process at our research seminar series. It was a fascinating exploration of the development of cybercrime and its evolutionary mutations.
Benoît Dupont is a Professor of Criminology at the Université de Montréal. He is the holder of the Canada Research Chair in Cybersecurity, the Research Chair for the Prevention of Cybercrime, and the Scientific Director of the Smart Cybersecurity Network (SERENE-RISC), which he founded in 2014. Professor Dupont sits as an observer representing the research community on the Board of Directors of the Canadian Cyber Threat Exchange (CCTX) and is also a member of CATAAlliance's Cybercrime Advisory Council.
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2022/23 Criminal Law CPD Series
September 2022 - March 2023
The 2022-23 Criminal Law CPD series, presented by the Sydney Institute of Criminology is an innovative educational program made up of 7 recorded webinars delivered by eminent speakers from the University of Sydney and the legal profession.
A new webinar will be released each month from September 2022 - March 2023. Quizzes will be included 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 (7 x webinars) = $300
Individual webinar(s) = $50
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29 September 2022 | Dr Andrew Dyer
It is common for people to deceive other people into engaging in sexual activity with them. But there is sharp division about whether all such deceitful people should be convicted of a sexual offence and, if all or some of them should, which offence(s) should be convicted of.
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20 October 2022 | Brett Hatfield
In a system subject to growing case numbers, increasingly regulated pre-trial processes, plea negotiations, and broad discretion, how are those priorities managed? Crown Prosecutor Brett Hatfield will consider those competing priorities and how they are balanced in practice.
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24 November 2022 | Associate Professor Helen Paterson
Eyewitness testimony can provide critical leads in investigations and can be extremely persuasive in court. However, inconsistencies or inaccuracies in eyewitness accounts can undermine the perceived credibility of the witness and the value of the evidence.
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15 December 2022 | Talitha Hennessy
During the 2020 COVID-19 pandemic, the administration of justice and essential services of courts continued through the increased use of communication technologies. The shift to digital or virtual justice in both civil and criminal jurisdictions accelerated with varying degrees of success.
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19 January 2023 | Professor David Hamer
Following the Royal Commission into Institutional Responses to Child Sexual Abuse, Uniform Evidence Law jurisdictions are implementing reforms to the tendency and coincidence evidence provisions. These reforms aim to relax the exclusionary rules so that the prosecution can more readily rely upon other allegations against the defendant and the defendant’s prior guilty pleas.
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9 February 2023 | John Stratton SC
Appearing in the NSW Court of Criminal Appeal can be an intimidating prospect. Seeking leave, applications brought out of time, questions of law, questions of fact, mixed questions: senior criminal law barrister John Stratton SC will consider these issues and offer best-practice tips developed over the course of his career.
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9 March 2023 | Judge Paul Lakatos SC
Balancing the competing priorities of offenders with mental health diagnoses, the community, and the criminal justice system more broadly, is complicated. At the intersection of those interests sits the Mental Health Review Tribunal. The Tribunal endeavours to acknowledge and respect the dignity, autonomy, diversity and individuality of those whose matters it hears and determines. But how are these outcomes achieved?
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New Issue
Current Issues in Criminal Justice, Volume 34, Issue 4 (2022)
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.
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
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Murray Lee, Toby Martin, Jioji Ravulo, Ricky Simandjuntak
Abstract: The criminalisation of hip-hop artists is not new. The focus of attention for police has tended to be on artists of colour (in particular) who include descriptions of violence in their lyrics. The sprawling multicultural western suburbs of Sydney Australia have become a fertile breeding-ground for a wave of drill rap artists, some of whom explore violent themes. This dynamic scene was kicked off by Pacifica group ONEFOUR. Popular internationally, ONEFOUR have been subject to prolonged police and media attention resulting in cancelled tours and untested allegations of criminality. This article uses a framework of musicriminology to explore the aesthetic and cultural elements of ONEFOUR's influence and infamy. It also places Australian drill music in its socio-historical and post-colonial context to explain why it has attracted censure. We suggest that ONEFOUR's brand of Australian drill represents a Western Sydney ‘other’; a population both under-represented (in terms a cultural voice) and over-represented (in the criminal justice system) (Ahmad, 2013). The dark aesthetic, unnerving sonics and bleak lyrics of some drill exposes the underbelly of post-colonial neo-liberalism and groups economically excluded and socially marginalised. It tells stories abhorrent to moral gate-keepers and creating an atmosphere of geo-spatialised and sonically-informed danger.
David Baker, Krista Fisher, Matthew Hamilton, Simon Rice & Rosemary Purcell
Abstract: Offending behaviour peaks during adolescence and most lifetime mental ill-health has its onset before 18 years of age. An overlap in offending behaviour and mental ill-health is also associated with an increased risk of crime victimisation. Best-practice approaches to intervene early with these cohorts are unclear. This study aimed to identify evidence for the acceptability and effectiveness of programs that divert young people from an early encounter with police to community-based psychosocial or mental health support. A Participant-Concept-Context model was used to determine literature search terms. A search of databases for peer-reviewed articles (n = 3998) and an Internet search for grey literature documents (n = 505) was conducted. Nine eligible articles and five documents were included in the review. Analysis of two models found improvements in daily functioning, emotion regulation and reduced self-harm potential. The importance of collaborative relationships between the police, service providers and other stakeholders for effective program delivery was regularly reported. There is emerging evidence of the acceptability and effectiveness of existing diversion or early intervention programs, but limited evidence for victim support services. More research is needed to understand young people's preferences for pathway models and how crime victimisation support can be incorporated.
Lawrence Bowler, Kelly A. Hine & Robert W. Fleet
Abstract: One of the most critical issues in policing today is citizen deaths that occur as a result of police encounters. Most of the fatal police encounters research tends to focus on fatalities as a direct result of police actions such as fatal shootings. However, there are a wide variety of ways in which fatalities occur during police encounters that may not be due to direct police actions (for example accidents and suicide). This study examines both direct and indirect forms of fatal police encounters. To do this, a chi-squared analysis was conducted of 106 fatal police encounters that occurred across two Australian states. The findings reveal that over three-quarters of fatal police encounters within the data were a result of indirect police actions. These findings highlight the prominence of indirect fatal police encounters and, in turn, the greater opportunity to focus on prevention strategies for these often-neglected deaths in the research.
April N. Terry
Abstract: Coercive sexual environments (CSE) spotlight spatial disadvantage and sexual exploitation of at-risk girls in the United States. While existing literature explores sexualised culture in rural places, little is known about rural CSEs. The current study folds a developmental life-course framework together with the CSE phenomenon and gendered pathways to assess rural communities’ responses to ‘difficult’ girls. Incarcerated girls and women, as well as community stakeholders from rural communities, were interviewed to assess the gendered pathways of delinquent girls. Findings confirmed girls (juveniles) and young women (adults) can identify overt and covert community (in)actions that ignore their abuses and criminalise their trauma. Within this study, 37.5% of the sample moved from the juvenile justice system to the adult criminal justice system, with all previously residing in non-urban locations. Evidence suggests traditional gendered norms influence the community's responses to girls in rural CSEs, which partially explains the abuse-to-prison pipeline and later involvement in the criminal justice system.
Srisombat Chokprajakchat, Wanaporn Techagaisiyavanit, Tongyai Iyavarakul & Attapol Kuanliang
Abstract: This article reflects on the need for Thailand to re-evaluate its criminal diversion policy for people who use drugs (PWUD). Although studies have examined the impact of criminalising drug use through social and economic perspectives, the issue of how a punitive legal scheme interplays with PWUD's perceptions of drug use and motivation to seek treatment has not received wide scholarly attention in Thailand. This study's primary objective is to shed light on the adverse effects of legal pressure on motivation among PWUD within Thailand's drug rehabilitation systems to assist in shaping its future policy. The study employed a qualitative methodology: in-depth interviews with 69 participants who received drug treatment under the voluntary and compulsory drug diversionary systems in Thailand, as well as 50 government officials and personnel at the administrative and operational levels within the Thai criminal justice system and rehabilitation agencies. The study found that criminalisation schemes can impede system-level rehabilitation goals by failing to recognise the personal needs of participants, with PWUD entering treatment programs only to avoid criminal prosecution.
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Taskforce to implement state's coercive control laws begins ahead of schedule
30 Nov 2022
A taskforce to oversee implementation of the state’s landmark coercive control laws has been formally established and will meet for the first time in early December, well ahead of schedule.
Attorney General Mark Speakman said the speed at which the Coercive Control Implementation and Evaluation Taskforce has been operationalised reflects the taskforce’s important role in helping bring these life-saving reforms to effect.
“These nation-leading reforms are crucial to recognise in law a pattern of behaviour identified as a red flag precursor to domestic violence homicide,” Mr Speakman said.
“The Crimes Legislation Amendment (Coercive Control) Act 2022 launch creates a standalone offence of coercive control in current or former intimate partner relationships, with a maximum penalty of seven years in jail.
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Trauma-informed courts: guidance for trauma-informed judicial practices
23 November 2022
There has been a growing awareness of trauma, including complex trauma and post-traumatic stress disorder, over the last 40 years. This has led to the development of a humane framework for health practitioners, and more recently, legal and other professionals and the judiciary, usually referred to as “trauma-informed practice”. The purpose of this book is to highlight for judicial officers relevant information about the different types and particular instances of trauma that many individuals before the courts have faced; and provide guidance about how judicial officers may take account of this information in court — from the start to the conclusion of court proceedings. This guidance is not intended to be prescriptive.
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New report reveals grim lack of progress to cut overrepresentation of Aboriginal and Torres Strait Islander kids in out-of-home-care
Sharynne Hamilton, The Conversation, December 1, 2022
The latest Family Matters report reveals a grim lack of progress to eliminate the overrepresentation of Aboriginal and Torres Strait Islander children in out-of-home care.
The report – released by the Secretariat of National Aboriginal and Islander Child Care, a national non-governmental peak body for Aboriginal and Torres Strait Islander children – reveals:
- there are there more than 22,000 Aboriginal and Torres Strait Islander children in out-of-home care
- our children are being removed as infants and not being placed with kin
- they are staying in care long-term and without reunification plans.
The report notes significant spending at the statutory end of the system (where removals take place). It highlights underspending on family support that could avoid such removals.
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New York City to Involuntarily Remove Mentally Ill People From Streets
Andy Newman and Emma G. Fitzsimmons, NYT, Nov. 29, 2022
Acting to address “a crisis we see all around us” toward the end of a year that has seen a string of high-profile crimes involving homeless people, Mayor Eric Adams announced a major push on Tuesday to remove people with severe, untreated mental illness from the city’s streets and subways.
Mr. Adams, who has made clearing homeless encampments a priority since taking office in January, said the effort would require involuntarily hospitalizing people who were a danger to themselves, even if they posed no risk of harm to others, arguing the city had a “moral obligation” to help them.
“The common misunderstanding persists that we cannot provide involuntary assistance unless the person is violent,” Mr. Adams said in an address at City Hall. “Going forward, we will make every effort to assist those who are suffering from mental illness.”
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We built an algorithm that predicts the length of court sentences – could AI play a role in the justice system?
Andrew Lensen and Marcin Betkier, The Conversation, November 30, 2022
The rapid development of artificial intelligence (AI) has led to its deployment in courtrooms overseas. In China, robot judges decide on small claim cases, while in some Malaysian courts, AI has been used to recommend sentences for offences such as drug possession.
Is it time New Zealand considers AI in its own judicial system?
Intuitively, we do not want to be judged by a computer. And there are good reasons for our reluctance – with valid concerns over the potential for bias and discrimination. But does this mean we should be afraid of any and all use of AI in the courts?
In our current system, a judge sentences a defendant once they have been found guilty. Society trusts judges to hand down fair sentences based on their knowledge and experience.
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First Nations woman suffered shocking neglect for years, disability royal commission told
Anne Connolly, ABC, 23 Nov 2022
A woman who was put into a facility by a government agency was given monthly injections of anti-psychotics and suffered shocking neglect over seven years but received just one visit from the agency during that time, the disability royal commission has heard.
Key points:
- A man told the commission he was shocked by his mother's condition while under care
- About 50,000 Australians are under the control of the state guardians and trustees because they have been deemed to be lacking capacity
- The disability royal commission will spend the rest of the week hearing evidence from across the country
The First Nations woman, who cannot be named because of strict gag laws in Western Australia, was part of the Stolen Generations and later told her son the facility reminded her of the institutions she had grown up in.
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Indigenous groups welcome Northern Territory raising criminal age but say 12 still too young
Sarah Collard, The Guardian, Nov 30 2022
Aboriginal groups have given conditional support to the Northern Territory government’s decision to increase the age of criminal responsibility from 10 to 12 years old, but argue children are often still too young to be in detention.
The NT is the first jurisdiction in the country to raise the age of criminal responsibility. The move follows longstanding calls by Indigenous advocates, human rights experts and lawyers to raise the age to at least 14.
In a statement, the NT government’s attorney general and minister for justice, Chansey Paech, said detention was a last resort and he believed the change would limit children’s contact with detention.
“This legislation supports the rights of all Territorians to be safe by breaking the cycle of reoffending."
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Publications
All open access unless indicated.
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Data breaches and cybercrime victimisation
Morgan, Anthony and Voce, Isabella, Australian Institute of Criminology, Statistical Bulletin 40, Nov 22
Abstract: This paper draws on data from a large national survey conducted in 2021 to examine the prevalence of data breaches among Australian computer users and the relationship between data breaches and other forms of cybercrime victimisation.
Almost one in 10 respondents (9.3%) said they were notified their information was exposed in a data breach in the 12 months prior to the survey. Nearly one-third of these respondents (28.0%) had also been a victim of identity crime in the same period. Respondents who had been notified of a data breach were 34 percent more likely than other respondents to have been a victim of identity crime in the 12 months prior to the survey. They were also more likely to have been a victim of online scams or fraud and ransomware.
Measures to protect individuals whose information has been exposed in a data breach from other potentially related cybercrimes are essential and should be prioritised when data breaches occur.
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Pre-sentence reports for Aboriginal and Torres Strait Islander people: An analysis of language and sentiment
Coulter, Darcy et al, Australian Institute of Criminology, Trends & issues in crime and criminal justice 659, Nov 22
Abstract: Pre-sentence reports (PSRs) provide information to courts on an individual’s background, circumstances, risks, needs and plans. Research has found that PSRs focus heavily on risk of recidivism, while identification of prosocial cultural and community factors is limited. This study sought to describe the language and sentiment in these reports. We studied PSRs written for Aboriginal and/or Torres Strait Islander people sentenced by the mainstream County Court of Victoria and the Koori Court Division of the County Court of Victoria. Findings indicate that risk-related words are more prevalent than words associated with strengths and culture in PSRs submitted to both courts. While the frequency of positive and negative sentiment was low in PSRs for both courts, those for the Koori Court were more positive in sentiment.
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Quasi-Universal Forensic DNA Databases
Seumas Miller and Marcus Smith, Criminal Justice Ethics, Nov 22
Abstract: This article considers individual rights and fundamental tenets of the criminal justice system in the context of DNA evidence, in particular recent advancements in genomics that have significantly advanced law enforcement investigative capabilities in this area. It discusses a technique known as Investigative Genetic Genealogy (IGG) which utilizes genomic data held by commercial direct-to-consumer ancestry and health companies to investigate the identity of suspects linked to serious crimes. Using this technique, even if only a small proportion of the population (e.g. 5%) has submitted genomic data to these companies, almost anyone in the population can be identified. We discuss this phenomenon in the context of the existing literature and arguments in relation to universal forensic DNA databases, as well as relevant recent developments in both liberal democracies and authoritarian states. We introduce the concept of a quasi-universal forensic DNA database and consider associated implications for the criminal justice system and society from the perspectives of privacy, the right not to self-incriminate, joint rights, and collective responsibility.
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What is Fundamental in Criminal Law?
Garrath Williams, Criminal Justice Ethics, Nov 22
Abstract: This lengthy, masterful monograph follows Simester’s previous joint book with Andreas von Hirsch. Crimes, Harms, and Wrongs focussed on the activities states should criminalize. Resisting “unified, grand theory,” it argued that criminal activities must combine two features: First, they must be wrongful. Second, they must be related to harm—activities need not be directly harmful, but their prohibition must prevent significant harm.
Like the previous book, Fundamentals of Criminal Law holds that law is a “multi-function tool” (3). Criminal law prevents wrongs and harms; it communicates the gravity of these wrongs; it interrogates and tries suspects; it labels the guilty and imposes penalties on them. As the previous book stressed, criminal law has a distinctively moral aspect. “Whether in preventive or punitive mode, the criminal law speaks with a moral voice” (4). Those convicted are subject to “official moral condemnation” (7). But this point is logically secondary. Above all, criminal law issues moral prohibitions (72).
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'They Just Have to Adopt These Conventions’: Anti-child Trafficking Policies and Politics in NigeriaOpen Access
Peter Olayiwola, Journal of Human Trafficking, Nov 22
Abstract: Child domestic workers are among those in need of rescue according to popular discourse because they are often victims of exploitation. There are a wide range of international policy documents and actors working to rescue these children. Based on a study conducted in Nigeria, this article unpacks the politics around existing policies and operations to rescue these children. It argues that anti-trafficking policies are often accompanied with surveillance powers in ways that ‘rescue missions’ become more about meeting ‘global standards’—rather than what is relevant or problematic in local settings. Intervention policies need to reflect and address local realities for such UN Sustainable Development Goals as ending modern slavery, trafficking, and child labor and promoting just, peaceful and inclusive societies to be realized.
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The influence strategies of interviewees suspected of controlling or coercive behavior
Steven J. Watson, et al, Psychology, Crime & Law, Nov 22
Abstract: This research examines how suspects attempt to influence interviewers during investigative interviews. Twenty-nine interview transcripts with suspects accused of controlling or coercive behavior within intimate relationships were submitted to a thematic analysis to build a taxonomy of influence behavior. The analysis classified 18 unique suspect behaviors: the most common behaviors were using logical arguments (17% of all observed behaviors), denial or denigration of the victim (12%), denial or minimization of injury (8%), complete denials (7%), and supplication (6%). Suspects’ influence behaviors were mapped along two dimensions: power, ranging from low (behaviors used to alleviate investigative pressure) to high (behaviors used to assert authority), and interpersonal alignment, ranging from instrumental (behaviors that relate directly to evidence) to relational (behaviors used to bias interviewer perceptions of people and evidence). Proximity analysis was used to examine co-occurrence of influence behaviors. This analysis highlighted combinations of influence behaviors that illustrate how different behaviors map onto different motives, for example shifting attributions from internal to external to the suspect, or to use admissions strategically alongside denials to mitigate more serious aspects of an allegation. Our findings draw together current theory to provide a framework for understanding suspect influence behaviors in interviews.
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Inaugural Michael Kirby Lecture
ALRC
Date: Monday 5 December 2022
Time: 5.00pm AEDT
Venue: Federal Court of Australia, 305 William Street, Melbourne, or via live streaming
This annual lecture celebrates the law reform legacy of the Hon Michael Kirby AC CMG both as the inaugural Chairman of the ALRC and as one of Australia’s leading jurists.
The 2022 keynote address will be delivered by the Attorney-General of Australia, the Hon Mark Dreyfus KC MP.
As the inaugural Chairman of the ALRC from 1975 until 1984, Michael Kirby laid the foundation for the Commission’s community consultative approach to law reform that continues today. Those consultative processes are recorded in the photos that line the walls of the ALRC office of the community circles undertaken on Country as part of the Recognition of Aboriginal Customary Laws (ALRC Report 31).
This event will also provide the opportunity to formally thank outgoing ALRC Commissioner, the Hon Justice John Middleton AM, for his significant contributions to law reform. Justice Middleton was first appointed as a part-time Commissioner in 2012 and has provided invaluable expertise and guidance to numerous ALRC Inquiries over the last ten years.
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Medicare in Prisons: Lobbying for reforms in custodial healthcare
Date: 5 December 2022
Time: 12:30 pm – 6:00 pm AEDT
Venue: University of Newcastle, Sydney Campus, Room ELI115 55 Elizabeth Street Sydney, NSW 2000
Most people are surprised to hear that incarcerated people lack access to Medicare, Australia’s ‘universal’ health care system. The lack of Medicare access causes many issues not only for people in prison themselves, but also for the general community. The consequences include unnecessary deaths, the exacerbation of mental health conditions, increased recidivism, and increased strain on public health services once those in custody are released. While the costs of providing Medicare access in prisons may appear substantial, all available evidence suggests it would be highly cost effective as improved mental and physical health is known to reduce reoffending, thereby avoiding the high costs of reincarceration.
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No more circles: Learning from survivors, perpetrators and practitioners on how to respond better to intimate partner and sexual violence
Date: 8 December 2022
Time: 1:00 PM - 2:00 PM (AEDT)
Webinar
Intimate partner violence (IPV) and sexual violence (SV) are pervasive issues within the Australian community, significantly impacting the wellbeing of women and children. Navigating the service system to seek safety is challenging. Understanding the experiences of those who do is necessary to improve service responses and to focus on healing and recovery.
As part of ANROWS’s 16 Days of Activism campaign, this webinar launches a national study consisting of two reports. The first report, Voices from the frontline, gives insight into the experiences of those working in the domestic and family violence (DFV) service sector. The second report, Listening to the voices of victims and perpetrators to transform responses to intimate partner violence examines the help-seeking journeys of victims and survivors and people who use violence.
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Indigenous Sovereignty and Anti-Carceral Activism
Date: 13 December 2022
Time: 5:15 pm – 7:00 pm AEDT
Venue: Kathleen Fitzpatrick Theatre (B101), Level B1, Arts West, the University of Melbourne Royal Parade Parkville, VIC 3052
This panel discussion featuring strong First Nations people speaking about their work and experience in anti-carceral activism, will be chaired by Amangu Yamatji scholar and community organiser, Dr Crystal McKinnon. This unique event is the final in the Critical Issues seminar series for 2022 (hosted by the School of Social and Political Sciences), and the opening event of the 5th International Conference for Carceral Geography (hosted by Criminology at the University of Melbourne). The theme of the conference is Confinement - Spaces and Practices of Care and Control, which has profound implications for all of us occupying and working on Aboriginal land. For Indigenous peoples subject to historic, contemporary and continuing dispossession, violence and control under various institutional guises of ‘protection’ and ‘care’, settler colonialism is an ongoing experience of confinement, in and of their own Country. The panellists will share insights about ongoing Indigenous activism and abolitionist resistance driven to challenge, dismantle and transform institutional injustice in order to achieve self-determination and freedom in First Nations communities.
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Registrations now open for Therapeutic JurisprudenceNational Judicial College of Australia
Date: 25-26 February 2023
Venue: Australian National University, Canberra
This conference, presented jointly by the National Judicial College of Australia and the Australian National University, brings together members of the judiciary, academics, policy makers and other experts to consider current issues and challenges in the Australian justice system. The focus of the 2023 conference is Therapeutic Jurisprudence. Courts applying Therapeutic Jurisprudence principles recognise – and address – individual factors which contributed to the offender’s criminal behaviour. The offender has the opportunity to engage with, rather than against, the court process. TJ principles and practice are applied in many specialist courts but have broader application in mainstream courts.
The conference is aimed at practitioners within the judicial system and others with an interest in offender rehabilitation.
This conference was originally scheduled for February 2021 but was postponed twice due to Covid-19. The theme for the 2024 conference will be Sentencing.
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Senior Research Officer - Aboriginal Identified
Closes on suitable appointment
This Aboriginal Identified Research role is fundamental to continue research that achieves better outcomes for people impacted by the criminal justice system, including those related to Aboriginal and Torres Strait Islander peoples and their communities.
Australia has the shameful reality of the highest percentage of First Nations peoples in custody across the world. We are committed to advocating for change to reduce the impact of the criminal justice system on First Nations peoples and are proud to support employment of First Nations peoples.
The Community Restorative Centre’s (CRC’s) Advocacy, Research and Policy Unit (ARPU) exists to achieve better outcomes for people impacted by the criminal justice system on both a service delivery and systemic level through reviewing, conducting, and translating research and evidence to guide CRC’s work, as well as agitate for broader policy and sector reform. The work we carry out is wide and varied and aims to be responsive to CRC’s needs and the political climate. Importantly, our work is informed by the lived experience of the people with whom we work, CRC staff, the wider NGO sector, as well as academic and expert partners.
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Can Postponing Sentencing Protect the Community?
Sentencing Advisory Council Victoria
Submissions close: 2 December
The Sentencing Advisory Council has published a new consultation paper seeking stakeholder and community views on possible changes to ‘deferred sentencing’ – an order postponing sentence for the offender for up to 12 months.
Deferred sentencing allows courts to postpone an offender’s sentence after the offender has been found guilty of an offence. This enables the court to assess the offender’s capacity for rehabilitation, and allows the offender to demonstrate that rehabilitation has taken place, to participate in programs aimed at addressing the underlying causes of their offending, or to participate in restorative justice or similar programs. Sentence deferral has been available in the Victorian Magistrates’ Court since 2000 and in the County Court since 2012.
In the right cases, deferring sentence can be very effective. When offenders use the opportunity to its fullest, it can show courts that the offender is serious about doing something to stop their offending, which can make the community safer in the long term. The deferral period can be a useful time to facilitate restorative justice processes between the offender and any victims. Deferred sentencing can also be especially useful for offenders who are pregnant or who are primary caregivers to give them the time they need to make appropriate arrangements for their children.
Despite these potential benefits, deferred sentencing does not seem to be frequently used. The Council found 3,507 recorded sentence deferrals in the Magistrates’ Court in the eight years from 2012 to 2019. This amounts to 0.4% of all sentenced cases in the Magistrates’ Court in that period.
The consultation paper asks 14 questions about possible reforms to deferred sentencing. Should courts have to consider the interests of the victim before deferring sentence? How do we, as a community, make sure appropriate programs will be available? How should an offender’s behaviour during deferral affect their sentence? And how do we make sure deferral doesn’t become another way of entrenching people in the justice system?
The Council is interested in hearing from those who work in the justice system, those with lived experience of the criminal justice system, as well as members of the general community.
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Research Officer (Evidence Portal)
Closes: 6 December 2022
ANROWS is seeking a Research Officer to support the implementation of the ANROWS’s Research and Evaluation Program in working towards an end to violence against women and children.
The Research Officer will work as part of the Evidence Portal team within ANROW’s. This team is currently working to increase policymakers’ and practitioners’ access to evidence on the effectiveness of interventions to address or end violence against women by developing a series of evidence and gap maps and an evidence portal. These resources will capture, categorise and assess impact evaluations of interventions designed to reduce and respond to violence against women.
This is a 1.0 FTE position, located at the ANROWS national office in the Sydney CBD. The employee will report to the Evidence Impact Manager. The appointment is for a fixed term from the commencement date up to 31st December 2024, with the option to extend beyond that date, subject to continued funding.
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Manager, Programs, Legal & Human Rights, Policy & Research– maternity leave position
Judicial Commission of NSW
Applications close: 7 December 2022, 11:59PM
Temporary full-time, 12 month maternity leave cover
We are looking for a talented and skilled program manager to manage, coordinate and monitor the day to day operations of the program section of the Judicial Commission.
A rewarding opportunity awaits someone with strong management and legal L & D experience to join us for a 12 month fixed contract to cover maternity leave from February 2023 until February 2024.
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CALL FOR PAPERS: VIOLENT TURNS: SOURCES, INTERPRETATIONS, RESPONSES
Applications close: 15 December 2022
The American University of Paris, June 21-23, 2023
The aim of this international conference is to provide researchers with an interdisciplinary platform to investigate and debate the question of contemporary irruptions of political violence and to inquire into the different responses intended to counteract violence. When and why do individuals, groups, and societies come to believe that peaceful means and legal avenues of redress, including non-violent civil disobedience, are insufficient or improper to achieve a social or political goal and to view violent action as morally legitimate and necessary for change? Can one identify trends shaping recourse to violence by parts of the populace? What role does state violence play in the dialectic? When, if ever, is political violence legitimate? How can violence be averted?
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Seeking Expressions of Interest for next Sex Discrimination Commissioner
Australian Government
Expressions of interest close at 5.00pm AEDT on Friday, 16 December 2022.
Full-time statutory position of Sex Discrimination Commissioner at the Australian Human Rights Commission.
The Sex Discrimination Commissioner is responsible for the promotion and advancement of rights on the grounds of sex, sexual orientation, gender identity, intersex status, and protected attributes in the Sex Discrimination Act 1984 (Sex Discrimination Act; full suite of functions conferred on the Commission is available at section 48).
The Commissioner undertakes this work through research, education, and inquiries. The Commissioner would also have a role in supporting the implementation of the Respect@Work Report, including chairing the Respect@Work Council. The Commissioner is also required to perform other statutory functions, including under the Fair Work Act 2009.
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Lecturer, Criminology
Australian National University
Closing Date: 10 January 2023
The ANU Centre is seeking to appoint a Lecturer in Criminology. The position is based in the Criminology Program within the ANU Centre for Social Research and Methods (CSRM). The appointee will to contribute to the development of the Centre’s program of applied empirical research into crime and criminal justice and to teach into the Bachelor of Criminology.
Applications from a range of disciplinary backgrounds, which could include criminology, crime science, psychology, sociology, economics, computer science or statistics are welcomed.
The successful applicant will be supported to contribute to research, education and outreach and to develop into nationally and internationally successful scholars.
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The extent and nature of poverty in Australia
The Parliament of Australia
Submissions close: 3 February 2023
Terms of Reference
The extent and nature of poverty in Australia with particular reference to:
- the rates and drivers of poverty in Australia
- the relationship between economic conditions (including fiscal policy, rising inflation and cost of living pressures) and poverty
- the impact of poverty on individuals in relation to:
(i) employment outcomes,
(ii) housing security,
(iii) health outcomes, and
(iv) education outcomes - the impacts of poverty amongst different demographics and communities
- the relationship between income support payments and poverty
- mechanisms to address and reduce poverty; and
- any related matters.
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Review of serious road crime - call for preliminary submissions
Submissions close: 17 February 2023.
The NSW Law Reform Commission has been asked to review aspects of the law relating to serious road crime. As part of this review, we are calling for preliminary submissions on issues relevant to the terms of reference, which include:
- whether the existing serious road crime offences, and the law on accessorial liability, are fit for purpose
- whether the maximum sentences for serious road crimes are appropriate
- the sentencing principles relevant to serious road crimes
- the experience and rights of victims of serious road crimes and their families in the criminal justice system, and
- any other matters considered relevant.
The NSW Law Reform Commission has released a short background note with a summary of existing offences that could be relevant to this review and their maximum sentences.
The closing date for preliminary submissions is 17 February 2023.
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BLOGS, INTERVIEWS & PODCASTS
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Just Chat Episode 23 Suzie Miller - RBG: OF MANY, ONE
Playwriter Suzie Miller worked as a lawyer in King's Cross when she got the calling to write a play about the stories she was living. Since then, her career has skyrocketed commercially and critically. As her play Prima Facie is about to start a Broadway run, Suzie releases her one-woman show about Ruth Bader Ginsberg, RBG: Of Many, One, currently playing at the Sydney Theatre Company.
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Action to End Gendered Violence
The New South Wales Women’s Alliance is an alliance of peak organisations and state-wide, specialist service providers responding to and working to prevent sexual, domestic and family violence. Our vision is for a world where there is no sexual violence, domestic or family violence. For over a decade, the NSW Women’s Alliance has been advocating for reform and improved policy responses to gendered violence in NSW.
A call to action has been developed by NSW Women’s Alliance which brings together a range of organisations working with women, children and LGBTIQ+ people experiencing sexual, domestic, and family violence.
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"Everyone knows that children do their best when they are supported, nurtured and loved. But right now across Australia, children as young as 10 can be arrested by police, charged with an offence, hauled before a court and locked away in a prison.
We know these laws are harming children at a critical time in their lives. When children are forced through a criminal legal process, at such a formative time in their development, they can suffer lifelong harm to their health, wellbeing and future"
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