CrimNet

25 May 2023

Roundtable on Child Sexual Abuse

On 12 May 2023, The University of Sydney Law School and the Sydney Institute of Criminology hosted the 'Second Roundtable on Child Sexual Abuse'. 

The roundtable included senior representatives from the NSW ODPP and NSW Police, the Judicial Commission of NSW, Victims’ Rights, and advocates for victims/survivors of child sexual abuse and academics. Police Commissioner, Karen Webb APM, and the Director of Public Prosecutions, Sally Dowling SC participated in the Roundtable and provided the opening presentations. Mr Bob Atkinson AO, one of the six Royal Commissioners, provided concluding comments.

Find out more about Professors Rita Shackel, Judy Cashmore and David Hamer's work here. 

No, music doesn’t cause crime – not even ‘drill rap’

Murray Lee, Jioji Ravulo, Toby Martin; The Conversation

Academics argue the NSW Police has spent a disproportionate amount of taxpayer money pursuing, disrupting and generally harassing drill musicians under the premise that their lyrics incite violence or help recruit gang members.

Drill in Australia was largely pioneered by ONEFOUR, a group of five core members with Pacific Islander background from the Western Sydney suburb of Mt Druitt. Read here. 

Our hybrid media system has emboldened anti-LGBTQ+ hate – what can we do about it?

Justin Ellis, The Conversation 

Anti-LGBTQ+ hate from religious conservatives and far-right extremists in the United States, and now in Australia, is a worrying trend. This wave of anti-LGBTQ+ hate has its cultural and technological origins in the US, where religious affiliation is higher than in Australia, New Zealand, Canada, England and Wales. Baseless claims that male same-sex attraction and drag performance are threats to children have more political traction in the US, as a wave of anti-LGBTQ+ legislation there shows. Read here. 

Minding Rights: Mapping Ethical and Legal Foundations of ‘Neurorights’ 

Dr. Allan McCay, Cambridge Quarterly of Healthcare Ethics 

Advances in neurotechnology and artificial intelligence (AI) are challenging traditional boundaries of our brains and mental lives. Academic analyses of the ethical and legal implications of these advances in neurotechnology have now also spawned several initiatives at the national and international policymaking and lawmaking levels. Read here.

Winners of the New South Wales Bar Association/SULS 2022 Law Students’ Blog competition 

Since 2020, Dr. Carolyn McKay has been working with SULS and the MILT on a law students' blog competition re legal tech. In 2022, law students from around NSW were asked to respond to whether an artificial intelligence device could practice as a barrister. Results have been published. Read more here.

The Digital Criminal Justice Project examines the impact of digital criminal justice on vulnerable users. It will develop and refine new concepts of digital justice and digital vulnerability, informed by the conceptual framework of digital criminology, and apply that concept to test existing practices. It will develop recommendations for inclusive justice to better protect the vulnerable under digitised justice. This should significantly benefit policy-makers, practitioners and individuals in developing a fair, inclusive and accessible digital justice system.

Dr McKay will present at the inaugural meeting of the work-in-progress group: 'The Vulnerable Legal Subject and Responsive Law' on Wednesday, 7 June, at 10am (Netherlands time). You can join the teams meeting here.

Institute Co-Director Dr. Carolyn McKay 

Dr. Carolyn McKay is a Senior Research Fellow at the University of Sydney Law School where she teaches Criminal Law, Civil & Criminal Procedure and Digital Criminology. She is Co-Director of the Sydney Institute of Criminology. Carolyn is recognised for her research into technologies in justice, specifically her empirical research into prisoners’ experiences of accessing justice from a custodial situation by audio visual links, published in her monograph, The Pixelated Prisoner: Prison video links, court ‘appearance’ and the justice matrix (2018) Routledge.

During the period July 2021 - June 2024, Dr McKay is undertaking her ARC Discovery Early Career Research Award (DECRA) 'The Digital Criminal Justice Project: Vulnerability and the Digital Subject', focusing on digital justice and digital vulnerability. 

She has authored or co-authored books, book chapters, articles and journals on the subject. Most recently, 'Digital Criminal Courts: The Place or Space of (Post-) pandemic Justice' in Cybercrime in the Pandemic Digital Age and Beyond (below).

Dr McKay is presenting the Digital vulnerability: Vulnerable individuals and remote access technologies in justice, including the survey results (see below). 

Dr McKay serves on the NSW Bar Association's Media Information Law & Technology Committee.

Research questions to be addressed:

1. What is vulnerability in digital society; and how is vulnerability currently understood, assessed, identified and managed in the digital criminal justice system?

2. How do digital communication technologies assist or challenge the administration of justice when vulnerable individuals are involved; and what mechanisms could be introduced to oversee the effective participation of vulnerable individuals and ensure inclusive justice?

New Publication: Digital Criminal Courts: The Place or Space of (Post-)pandemic Justice

Dr. Carolyn McKay and Kristin Macintosh, 'Digital Criminal Courts: The Place or Space of (Post-)pandemic Justice' in  Smith, R.G., Sarre, R., Chang, L.YC., Lau, L.YC. (eds) Cybercrime in the Pandemic Digital Age and Beyond. Palgrave Studies in Cybercrime and Cybersecurity.

The COVID-19 pandemic forced criminal courts to suspend jury trials, adjourn hearings and ‘pivot’ to remote procedures. Integral to this sudden change has been an array of digital communication technologies: audio and audio-visual links as well as third-party proprietary platforms. COVID-19 outbreaks continue to impact criminal courts with intermittent lockdowns necessitating the ongoing use of digital technologies to keep the wheels of justice turning. The era of digital criminal justice has, undoubtedly, begun. The situation has prompted judicial commentary on the ‘place’ or ‘space’ of the remote, dispersed or virtual courtroom. Read more here. 

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 25 May 2023

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 29 June 2023 

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. 

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

celine.vangolde@sydney.edu.au

Webinar: Using the Fundamental Measures for Juvenile Justice to Conduct a Juvenile Justice Data Capacity Assessment and Replicate Data Improvements

This workshop will introduce participants to NCJFCJ-NCJJ’s Fundamental Measures for Juvenile Justice (FMJJ). Wednesday 8th of June organised by The National Council of Juvenile and Family Court Judges. Register 

Conference: ‘Emerging Challenges in the management of sexual assault trials.’

Monash University's Transnational Criminal Law Group in conjunction with the Victorian Juries Commissioner's Office and the Court of the Future Network is organising a one-day conference scheduled on 9th June 2023. Register. 

Seminar: ‘Cruel Care: A History of Children at our Borders’ by Jordana Silverstein

Friday, 16 June 2023 at 12:00 PM

Australia has long grappled with how to treat refugees, particularly children, who come to our country. Cruel Care: A History of Children at our Borders asks why Australia pursues such unforgiving immigration policies, and why successive Australian governments say that the cruel acts they perpetrate are a form of care. This hybrid seminar co-hosted by the UNSW Centre for Crime, Law and Justice (CCLJ), the Kaldor Centre for International Refugee Law, and the Forced Migration Research Network will take place in person at the UNSW Law & Justice Building (Staff Common Room, Level 2) and online via Zoom. Register here.

Webinar: Towards meaningful engagement: Embedding the lived expertise of victims and survivors in the co-production of research, policy and practice

ANROWS; 25 May 2023, 1:00 PM 

Victims and survivors of gender-based violence are increasingly being engaged in the co-production of research, policy and practice.

This webinar will be invaluable to anyone in the DFV sector wanting to embed lived expertise in the co-production of research, policy and practice. It will unpack new research which explores the role of victims and survivors in developing policy and best practice mechanisms for engagement. Register here. 

International Society for the Study of Rural Crime Mentoring Workshop for Masters and PhD candidates and early career researchers

Applications Close: 31 May 2023

Applicants working in rural criminology or related fields are invited for one or both of the following (free, online) programs: Academic publications and jobs, Grants, impact and engagement. See here

Research Assistant to Professor Rebecca
Giblin: University of Melbourne 

Applications Close: 04 June 2023

Professor Rebecca Giblin is looking for a capable and versatile all-rounder to provide research and administrative support on various projects. Find out more 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 Abstracts: Algorithmic Justice Symposium

The University of Newcastle School of Law and Justice, Centre for Law and Social Justice 

Submissions Close: 9 June 2023

The University of Newcastle School of Law and Justice, Centre for Law and Social Justice, invites expressions of interest from academics, lawyers, advocates and other interested persons to participate in its 2023 Algorithmic Justice Symposium. The Symposium will be held on Friday 14 July 2023 from 9.30am – 5.00pm at the University of Newcastle’s Sydney Campus at Martin Place in Sydney (55 Elizabeth Street). It is a hybrid (online and in person) event, and international submissions are welcomed. See here

Call for participants: Teaching criminology in Australia and Aotearoa New Zealand 

Researchers at Deakin University, the University of Wollongong, Monash University, and Te Herenga Waka: Victoria University of Wellington want to understand the challenges ongoing, contract, and sessional academics' face in teaching criminology at Australian and Aotearoa New Zealand universities.

Study details 

Participation is open to tenured, contract, or sessional staff who are currently teaching criminology at one or more tertiary learning institutions in Australia or Aotearoa New Zealand. 

If you are interested in knowing more about the study and how to participate, please click on this link if you are an ongoing or contract member of staff or this link if you are a sessional teacher. 

If you have any additional questions about the study, please contact a member of our research team at kate.burns@monash.edu. 

Graduate Aboriginal Solicitor/Policy Officer -NSW Department of Communities and Justice

Applications close: 4 June 2023.

As a graduate of the Maliyan Program you will be working in positions throughout the Law Reform and Legal Services (LRLS) Division. Find out more here.

Director Corrections Research, Evaluation and Statistics: NSW Department of Communities and Justice

Applications close: 1 June 2023.

An exciting opportunity to work on a range of projects and initiatives for Corrective Services NSW (CSNSW) to drive research, analyse data and performance metrics, and evaluate a range of initiatives across CSNSW. Find out more here.

Just Futures National Open Grant Round, Australian Communities Foundation

Applications close: 26th May 2023

The Just Futures National Open Grant Round is a partnership between Paul Ramsay Foundation (PRF) and Australian Communities Foundation. 

Paper Chained, Issue 10

Monday 15 May 2023 

Paper Chained is a journal of writing and artistic expression from individuals affected by incarceration. Issue 10 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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