Sydney Institute of Criminology
CrimNet
04 November 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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If you would like to contribute a relevant piece, or post news and opportunities of interest to our audiences, please contact law.criminology@sydney.edu.au.
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Institute Events and Activities
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Professor David Garland: Theoretical Advances and Problems in the Sociology of Punishment
On 1 November 2022, we had the pleasure of hearing NYU Professor and Sydney Law School visiting Fellow David Garland speak on the Theoretical Advances and Problems in the Sociology of Punishment.
It was an engaging and stimulating event bringing together a diverse crowd of eager participants.
Professor Garland spoke passionately out of a wealth of knowledge on the evolving academic literature and polices within the sociology of punishment.
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16 Days of activism — Lunchtime event
In-person event | 12-1pm, Wed 9 November
Venue: Sydney Law School, New Law Building (F10), Level 1, Lecture Theatre 101, Eastern Ave, Camperdown NSW 2006
16 Days of Activism against Gender-Based Violence is an annual international campaign that starts on 25 November, the International Day for the Elimination of Violence against Women, and runs until 10 December, Human Rights Day.
In line with 16 Days of Activism Against Gender-Based Violence we acknowledge that one in 3 women has experienced physical violence since the age of 15, and one in 5 has experienced sexual violence.
You are invited to an event in which Professor Lisa Jackson Pulver, Deputy Vice-Chancellor, Indigenous Strategy and Services and Executive Sponsor of the Women at Sydney Network will make opening remarks. Hayley Foster, Chief Executive Officer, Full Stop Australia will present a key note speech followed by a panel discussion. Hayley Foster’s keynote speech will include reflections on the recently released National Plan to End Violence Against Women and Children 2022 – 2032 and details about the upcoming “Healing Pathways” program.
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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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Youth Crime and Youth Justice Forum
The Forum will bring together key stakeholders working to prevent youth crime and to administer the various aspects of youth justice. Presenters will discuss latest trends, research and policies in these areas and will showcase some of the relevant work across the University of Sydney.
Date: Thursday 24 November 2022
Time: 9.30am-3:30pm
Location: The University of Sydney, Camperdown.
Cost: Free
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Current Issues in Criminal Justice, Volume 34, Issue 3 (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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Dedicated Encrypted Criminal Communication Device Prohibition Orders Bill 2022, NSW Parliament
Assented: Tue 18 Oct 2022 - Act No 46 of 2022
An Act to establish a scheme for dedicated encrypted criminal communication device prohibition orders; to create a new offence in the Crimes Act 1900 in relation to possessing a dedicated encrypted criminal communication device to commit or facilitate serious criminal activity; and to make consequential amendments to other legislation.
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‘Their deaths matter’: LGBTIQ hate crime inquiry begins in Sydney
Georgina Mitchell, SMH, 2 November 2022
A world-first inquiry examining hate crimes against lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people will explore dozens of deaths in NSW between 1970 and 2010 after every known unsolved homicide from that period of time was reviewed – more than 700 cases.
Witnesses from the time will likely be the key to solving the deaths, with investigators urging anyone with information – regardless of how minor – to come forward and clear their conscience.
“If you have had something weighing on your mind for years about these things, now is your chance to do something to make some amends,” counsel assisting Peter Gray, SC, said on Wednesday. “Now is the time to break your silence.”
Gray was speaking at the first public hearing of the Special Commission of Inquiry into LGBTIQ hate crimes, overseen by Commissioner John Sackar, a justice of the NSW Supreme Court.
The inquiry will investigate unsolved deaths in NSW between 1970 and 2010 that are suspected to be hate crimes targeting members of the LGBTIQ community. Some of the deaths involve people who were not gay but were likely presumed to be by their attackers.
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The National Plan to End Violence against Women and Children 2022-2032
On 17 October 2022, the Australian, state and territory governments released the National Plan to End Violence against Women and Children 2022–2032 (National Plan).
The National Plan is the overarching national policy framework that will guide actions towards ending violence against women and children over the next 10 years.
It highlights how all parts of society, including governments, businesses and workplaces, media, schools and educational institutions, the family, domestic and sexual violence sector, communities and all individuals, must work together to achieve the shared vision of ending gender-based violence in one generation.
Read the National Plan to End Violence against Women and Children 2022–2032.
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Criminal Trial Courts Bench Book Judicial Commission NSW
Update 70, October 2022
Update 70 amends the Bench Book to incorporate recent case law and legislative developments.
Sexual assault law
Commentary on sexual assault law has been compiled under two headings within the book: Sexual assault trials — procedural matters at [5-000]ff and Sexual assault offences at [5-600]ff. The following chapters in these sections have been revised or added:
Expert evidence — specialised knowledge of child behaviour
This new chapter at [5-300] includes a discussion of AJ v R [2022] NSWCCA 136 which considered the admissibility of generalised statements concerning the behaviour of child sexual abuse victims and offenders.
Pre-recorded evidence in child sexual offence proceedings
A new chapter at [5-400] provides commentary on the Child Sexual Offence Evidence Pilot Scheme and suggested directions for pre-recorded evidence.
Maintain unlawful sexual relationship with a child
The Suggested direction — maintain unlawful sexual relationship with child at [5-720] has been revised and updated and the Notes at [5-730] have been updated in light of the comments made in R v RB [2022] NSWCCA 142 about the elements of the offence of maintain unlawful sexual relationship with child.
Sexual intercourse without consent — until 31 May 2022
This chapter at [5-800]ff contains commentary for sexual intercourse without consent offences committed on or until 31 May 2022. Commentary for Multiple counts — R v Markuleski has been moved to a new chapter at [3-400].
Sexual intercourse without consent — from 1 June 2022
This new chapter has been added at [5-900] to provide commentary and a suggested direction for the definition of consent in sexual assault trials where the offence was committed on or from 1 June 2022. The definition of consent in the former Crimes Act 1900, s 61HE is replaced with Pt 3, Div 10, Sub-div 1A (ss 61HF–61HK) following the commencement of the Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021.
Sexual touching
The chapter has been updated to include a new suggested direction for sexual touching offences when the offence is committed from 1 June 2022: Suggested direction — basic offence (s 61KC) — from 1 June 2022 at [5-1115]. The Notes at [5-1140] for the aggravated offences have been amended to add reference to JH v R [2021] NSWCCA 324 concerning how to approach the question of a serious physical disability. The Notes at [5-1160] for sexual touching of a child have been amended to include reference to Stephens v The Queen [2022] HCA 31 concerning the application of s 80AF of the Crimes Act 1900 for uncertain offence dates.
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‘I go for the food’: what children and young people told us about why they steal from houses
Natalie Gately and Suzanne Rock, The Conversation, 2 November 2022
The latest figures from the Australian Bureau of Statistics show theft and burglary are among the most common offences committed by young people.
We wanted to find out from children why they committed burglary, which can exact a huge financial and emotional toll on victims.
Our study, recently published in the journal Youth Justice, involved interviews with children presenting at the Perth Children’s Court who reported they had burgled.
We interviewed 50 children between the ages of 11 and 17 years who told us why they stole, what they stole, and how they learned how to burgle.
We found children rarely planned or “staked” premises. They usually committed burglaries on the spur of the moment with friends, and generally to steal items they felt they needed – like food or drugs – out of boredom or while drunk or high.
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Drug decriminalisation is not (yet) legalisation
Nicholas Cowdery, Contributions to Pearls and Irritations, 26 October 2022
For decades laws have been made in each of Australia’s nine legal jurisdictions prohibiting association with a very long list of drugs and prescribing criminal penalties for it. It would be hoped that when personal conduct that causes no direct harm to another is made criminal, the lawmakers would act on an evidence-informed basis and with some consistency. That has not occurred. Instead we have had an escalating “war on drugs” that has done nobody any good and many great harm – including taxpayers.
After some historical failures with banning alcohol, our two most dangerous drugs nicotine and alcohol are legalised, regulated, controlled and taxed and there is no going back. Nicotine kills 21,000 Australians a year (that is 57 per day) and alcohol causes direct harm to many users and indirect harm to their associates. We put controls around both drugs and they have been effective in reducing and regulating consumption overall. And we tax them. We have learned to live with them.
By comparison, the national death rates from prohibited drugs are tiny and a large majority of users are not addicted or otherwise problematic – most are not detected and prosecuted and carry on their lives; but those who are caught can suffer further harms.
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Intuitions about justice are a consistent part of human nature across cultures and millennia
Daniel Sznycer and Carlton Patrick, The Conversation, 21 October 2022
“Thou shalt not kill” may be the most recognizable moral prohibition in societies around the world.
But where does your sense of justice come from?
Throughout history, justice and laws about wrongdoing have been attributed to one god or another. More recently, justice has been traced to moral truths that can be discovered by judges and other legal experts, and to social norms that vary across cultures.
However, our research instead suggests that the human sense of justice, and criminal laws, is generated by the human brain.
Put simply: Being human makes you a decent lawmaker even if you’ve never stepped foot in law school. To an important extent, criminal laws appear to be the end products of gut feelings about justice that are a part of human nature.
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Australia’s legal system leaves juries stranded in a time warp – the world has moved on
Richard Ackland, The Guardian, 29 October 2022
If you wanted to design a criminal trial system that was expensive, long-winded and capable of delivering indeterminate results, then ideally it should require a jury of 12 true citizens.
The jury in its early days was a genuflection towards the democratic ideal – for the fate of alleged offenders to be determined by their peers.
Over the eons lawyers and judges have set about reshaping the institution, so that the democratic idea didn’t get too far out of hand and the accused had a better chance of “getting off” – ie a fair trial.
For instance, in the middle ages relatively small populations, mostly living in villages and towns, would have had firsthand knowledge of the accused. They might even have direct or indirect knowledge of the events that produced the criminal charge.
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‘A lot of anger’: a community shattered by the senseless death of Cassius Turvey
Sarah Collard, The Guardian, 29 October 2022
The senseless death of 15-year-old Cassius Turvey has shattered an Aboriginal community, who are in disbelief that the Noongar boy was allegedly attacked in broad daylight while walking home from school.
A 21-year-old man has been charged with murder after the alleged attack on the boy and his friends as they walked home in Middle Swan, a suburb of Perth, on the afternoon of 13 October.
After being rushed by ambulance to the hospital, he was treated and then sent home for eight hours before his condition deteriorated and he was rushed back.
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Men exonerated in Malcolm X killing receive $US36 million in settlement from New York
ABC, 31 Oct 2022
The city of New York is settling lawsuits filed on behalf of two men exonerated last year for the 1965 assassination of Malcolm X, agreeing to pay $US26 million ($40.5 million) for wrongful convictions that led to both men spending decades behind bars.
The state of New York will pay an additional $US10 million. David Shanies, an attorney representing the men, confirmed the settlements on Sunday.
"Muhammad Aziz, Khalil Islam, and their families suffered because of these unjust convictions for more than 50 years," said Mr Shanies said in an email.
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Report on increased mobile fingerprint scanning
October 31, 2022
The Racial Justice Network and Yorkshire Resists have released a new report on the increased use of the Biometric Services Gateway (mobile fingerprinting) by police forces across the UK. They analyse the latest data obtained through Freedom of Information (FOI) requests from April 2020 to December 2021.
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Publications
All open access unless indicated.
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“No body, no parole” laws
Lenny Roth, NSW Parliamentary Research Service, October e-brief Issue 4/2022
On 20 September 2022, the NSW Government announced that it would introduce new laws so that, in homicide cases, “offender must co-operate with investigators and disclose the location of [the victim’s] remains for any chance of release on parole”. It said the reforms were modelled on laws in other jurisdictions an would apply to all current and future inmates convicted of homicide offences. There had been calls for these reforms in the wake of former teacher Chris Dawson’s recent conviction for murdering his wife. The Crimes (Administration of Sentences) Amendment (No Body, No Parole) Bill 2022 was introduced into the Legislative Assembly on 21 September 2022 . The aim of this e-brief is to assist parliamentary debate on the Bill. The e-brief puts the proposed NSW reforms in context, reviews similar laws in Australia and other jurisdictions, and outlines the reasons for, and criticisms of, the reforms.
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“Disincarcerating incarcerated emotions”: The influence of emotional dynamics behind and beyond bars on desistance from crime
Aurélie Stoll, Criminology & Criminal Justice, 28 Oct 2022
Abstract: This article is based on 50 interviews and six written testimonies of 24 individuals convicted, incarcerated, and then released from penitentiaries in Switzerland. Focusing on emotional mechanisms inside and outside prison in a longitudinal perspective, this study explores their influence on desistance pathways. The incarceration experience shapes affective mechanisms, which are identified as delimited, dissimulated, and discredited. Upon release, it turns out that shifting from dynamics of emotional closure to dynamics of emotional (re)opening is critical in light of structural, relational, and emotional barriers to change.
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Restoring victims’ confidence: Victim-centred restorative practices
Jo-Anne Wemmers, et al, International Review of Victimology, October 19, 2022
Abstract: Victimization, and in particular sexual violence, undermines victims’ confidence and self-esteem. Victims often feel guilty and blame themselves for what happened. Fearing negative reactions, victims of sexual violence are often reluctant to report the crime to police. When victims do report to the police, the criminal justice process is often difficult and most sexual violence cases do not end in a conviction. Restorative practices (hereafter RP) have been presented both as a possible alternative and a complement to the criminal justice process, which could improve victims’ experiences. However, there is also considerable resistance to the use of RP in cases of gender-based violence. Using a victim-centred lens, in which it is seen as a reaction to victimization that aims to address the needs of the victim and allow them to advance in their healing process, we examine RP. Based on semi-structured interviews with 18 victims of sexual violence in Canada who participated in RP, we explore the healing potential for victims. We conclude that for victims of sexual violence, victim-centred RP should be viewed as a tool for victim support and not only as another tool in the criminal justice toolkit.
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Positive Criminology and Positive Psychology
Jeremy Olson, Criminal Justice Policy Review, 22 October 2022
Abstract: Welcome to our Special Issue on Positive Criminology and Positive Psychology. It is our hope that this issue will help generate critical reflection about American criminal justice policy and the possibility of moving the system towards a happier and more prosocial perspective. To begin, this editorial introduction briefly frames positive criminology and positive psychology for the readers, and then reviews the content of the special issue.
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Seeing the Harm to Happiness: Integrating Satisfaction With Life Into Restorative Practices
Jeremy Olson, et al. Criminal Justice Policy Review, 22 October 2022
Abstract: This article proposes an approach to intervening in harms that is based on the integration of positive psychology and restorative justice. We begin by reviewing the importance of interpersonal relationships to restorative justice. Next, we discuss harms as viewed in restorative justice. We then explore the concept and language of happiness through models of satisfaction with life (SWL) from positive psychology. We end the article by proposing the integration of models of SWL into the practices of restorative dialogue and the development of restoration plans.
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Ghostwriters of crime narratives: Constructing the story by referring to intercept interpreters’ contributions in criminal case files
Nadja Capus, Crime, Media, Culture: An International Journal, 2 November 2022
Introduction: In the French film La Daronne (2020), directed by Jean-Paul Salomé, the impressive actress Isabelle Huppert plays an intercept interpreter: she works for the drug squad in Paris and interprets the secretly surveilled phone calls of drug dealers from Arabic to French. It is an exhausting job, and she is overworked and underpaid. To make matters worse, she is under pressure to pay for her mother’s expensive nursing home. One day, she becomes involved in a failed drug deal and has access to many kilograms of cannabis. While she continues her job with the drug squad, she changes sides and becomes a drug dealer herself. It is only when the police involved another interpreter in the surveillance process that her disloyalty is revealed.
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A Look at the Difficulty and Predictive Validity of LS/CMI Items With Rasch Modeling
Guy Giguère, et al, Criminal Justice and Behavior, 31 October 2022
Abstract: The current study aimed to provide data on the performance of items, dimensions, and the total score of the Level of Service/Case Management Inventory (LS/CMI), one of the most internationally used actuarial scales for the prediction of general recidivism in convicted persons. Using the full population of Quebec’s male incarcerated population evaluated between 2008 and 2015 with a 2-year follow-up (N = 15,961), results indicated that the predictive validity of the scale and its components was in line or better than effect sizes reported in other validation studies. A Rasch model was computed to obtain the difficulty parameter of LS/CMI items. Results indicated that items had varying levels of difficulty and covered the whole spectrum of the risk continuum. However, difficulty in Rasch was uncorrelated with the predictive validity of items, which casts a doubt on the applicability of some aspects of item response theory to actuarial scales.
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Applications now open for participants in a research study examining the impact of online surveillance on personal privacy
A study examining how people think about identity, privacy, and surveillance in their use of the internet and social media is now underway. Drawing on openly accessible social media data, the study is expected to provide significant insights into how individuals think about the privacy of their online identity, in relation to data they commonly share themselves.
The study will be conducted over four stages.
- An eligibility questionnaire in which participants are asked to watch a short video and read some statements about how the research will proceed.
- An online survey asking several additional questions about your use of social media, your postcode, and your willingness to participate in the research.
- In-depth searches (conducted by the researchers) of the open web to examine participants online identity using four search variables: name, email, age, and postcode. These details will be collated into a profile, which will be provided to the participant ahead of the fourth stage of research.
- A 1-hour Interview focusing on the information collected during searching (stage 3), internet use, online identity construction and thoughts about online privacy and surveillance
It is anticipated that the research will provide great insight into the size and scope of individuals online identity and privacy gaps. The final report will be published as a PhD thesis through Deakin University.
Your participation is entirely voluntary. You reserve the right to withdraw from this research at any time during the study. This study has received Deakin University ethics approval 2020-260
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Health Justice Conversation: From patients to policy
Date: 9 November
Time: 8am-9am
Join us for a series of conversations with world leaders on the social determinants of health, the intersection of social and health care and the pipeline from clinical care to systems change.
Partnerships between health and legal assistance services have assisted countless people overcome complex and intersecting problems in their lives by providing access to legal help in health settings.
But how do these collaborations leverage real systemic change from helping individuals with their health-harming legal problems?
Join us for a conversation with Bethany Hamilton, co-Director of the National Center for Medical-Legal Partnership (NCMLP) at the Milken Institute School of Public Health, about the opportunities for advocacy in this work, what it takes to engage in policy and systems change, and the impact it can achieve.
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Judges' Evening for NSW Young Lawyer
LSNSW
Date: 16 November 2022
Registrations to attend the Judges' Evening for NSW Young Lawyers are now open.
Taking place on Wednesday, 16 November 2022, the evening will provide early career lawyers with an opportunity to hear from esteemed members of the judiciary who will provide practical tips in relation to appearing in person at the Registry and building advocacy skills. Topics and sessions will include electronic court appearances, the role of court service providers, court formalities and mock advocacy.
The event will be followed by drinks and an opportunity to network with the judicial officers and fellow attendees.
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The Hon Mark Dreyfus KC MP
You are warmly invited to attend an address by the Commonwealth Attorney-General, the Hon Mark Dreyfus KC MP, jointly hosted by the Network for Law and Human Rights within the School of Law, Western Sydney University, and the Whitlam Institute.
The Labor government was elected in May 2022 on an ambitious program of law reform. The new government has committed to the establishment of a national anti-corruption commission, a new process for judicial appointments, and a constitutionally enshrined First Nations Voice to Parliament. The implications of these and other reforms for the legal profession and Australian society are far-reaching.
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LAWASIA Conference
LAWASIA is pleased to announce the 35th LAWASIA Conference will be held at the Hilton Hotel in Sydney, from 18-21 November 2022.
LAWASIA is a regional association of lawyers, judges, jurists and legal organisations, which advocates for the interests and concerns of the Asia-Pacific Legal Profession. It promotes the cross-jurisdictional exchange of legal knowledge and acts as a conduit for encouraging adherence principles of the rule of law and protection of human rights. NSW Chief Justice Bell is the Chair of the Judicial Division and Arthur Moses SC is a member of the Executive.
The Annual Conference is LAWASIA’s flagship event. It is a platform for the convergence of bar leaders, jurists, professional organisations and individual lawyers from across the Asia Pacific, and is designed to facilitate the discussion of regional developments in law, including such issues as judicial practice, legal education, cross border business and investment law and cross-border dispute resolution.
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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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2022 ANZSOC Conference ‘Transforming Criminology for the 2020’s and Beyond’
Date: Monday 28 – Wednesday 30 November 2022
Venue: Darwin Convention Centre, Darwin NT
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Review of fraud and fraud-related offences in New South Wales
Submissions Close: 4 November 2022
Terms of Reference
The Sentencing Council is asked to conduct a review of sentencing for fraud and fraud related offences in New South Wales, especially but not limited to offences in Part 4AA of the Crimes Act 1900 (NSW), and make any recommendations for reform that it considers appropriate.
In undertaking this review, the Sentencing Council should:
- provide sentencing statistics for convictions over a five year period;
- provide information on the characteristics of offenders, sentence type and length; and
- provide background information, including:
- the key sentencing principles and reasoning employed by sentencing judges;
- the mitigating subjective features of offenders; and
- any other significant factors considered in sentencing decisions that explain how courts come to their final decision on sentence (which may be done using case-studies or collation of predominate themes across cases).
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Australian Laureate Fellowships grant Australian Reseach Council
Aplication Closes: 9 November 2022 5:00pm (ACT)
The Australian Laureate Fellowships grant opportunity encourages applications from the highest-quality researchers by providing eligible Australian Laureate Fellows with project funding in addition to a salary and salary-related (on-cost) support.
- Up to 17 five-year Australian Laureate Fellowships may be awarded each year, providing a salary, in addition to a Level E professorial salary provided by the Administering Organisation, funding for up to 2 Postdoctoral Research Associates (5 years) and 2 Postgraduate Researchers (4 years), and up to $300,000 per year project funding.
- Australian Laureate Fellowships include fellowships allocated to exceptional female researchers who will also undertake an ambassadorial role to promote women in research and to mentor early career researchers, particularly women, to encourage them to enter and establish a career in research in Australia.
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The Parliament of Australia is Accepting Submissions:
Missing and murdered First Nations women and children
The submission closing date is 11 November 2022.
Terms of Reference
Missing and murdered First Nations women and children, with particular reference to:
- the number of First Nations women and children who are missing and murdered;
- the current and historical practices, including resources, to investigating the deaths and missing person reports of First Nations women and children in each jurisdiction compared to non-First Nations women and children;
- the institutional legislation, policies and practices implemented in response to all forms of violence experienced by First Nations women and children;
- the systemic causes of all forms of violence, including sexual violence, against First Nations women and children, including underlying social, economic, cultural, institutional and historical causes contributing to the ongoing violence and particular vulnerabilities of First Nations women and children;
- the policies, practices and support services that have been effective in reducing violence and increasing safety of First Nations women and children, including self-determined strategies and initiatives;
- the identification of concrete and effective actions that can be taken to remove systemic causes of violence and to increase the safety of First Nations women and children;
- the ways in which missing and murdered First Nations women and children and their families can be honoured and commemorated; and
- any other related matters.
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Director: Law and Justice Foundation of NSW
Closing date: 14 November 2022
Are you passionate about improving access to justice for the people of NSW? An opportunity exists to lead the revitalised Law and Justice Foundation of NSW as we contribute to the development of a fairer and more equitable justice system.
About the Role
With the support and guidance of the Foundation’s Board, you will lead the organisation through this period of transformation, implementing the organisation’s new strategy and acting as an advocate and promoter of the Foundation and its work. Specific focus will be placed on building strong partnerships with the NSW community, government, and sector stakeholders.
You will work closely and collaboratively with the Research Director – who is responsible for leading the technical and research specific operations of the Foundation – and a small, dedicated team of research and communications professionals.
Our ideal candidate
- A forward-thinking strategic leader, a proven influencer with energy, business acumen and a passion for access to justice.
- A successful track record in being able to build genuine and effective relationships with stakeholders, including Boards, staff, all levels of Government, and community groups.
- Demonstrated expertise and achievements in organisational leadership, partnership development and quality management.
- Experience of managing the day-to-day operations of a similar organisation.
- Exceptional communication skills to effectively translate knowledge to diverse professional and public audiences.
- An interest in the legal and human services sectors.
- An understanding of empirical and applied research (legal qualifications or empirical research skills are not a requirement for this role).
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Research (statistics) intern positionJudicial Commission of New South Wales
Do you have an interest in the criminal law and a keen eye for detail?
The Judicial Commission of New South Wales is looking for a Research (Statistics) Intern to work up to 2 days (14 hours) per week on a casual basis from December 2022.
The ideal candidate will be a criminology/psychology student (with at least one full year of study completed) who has successfully completed either a social or psychology research, or data analytics, course, or similar, with a credit mark or above. You should have an interest in criminal law, particularly sentencing, research and statistical analysis.
The duties of the role can include:
- Updating offence categories defining criminal offences;
- Undertaking quality assurance checks of first instance sentencing data;
- Updating databases for appeal decisions;
- Assisting in data collection and other statistical research assistance as required.
The rate of pay is $34.09 per hour (which includes loading and pay in lieu of leave). The rate may, in certain circumstances, increase to incorporate an additional 9.5% for superannuation.
Applications are to be in writing and should include a résumé, a certified copy of your university results (to date), an expression of interest addressing why you are the ideal candidate for this role at the Judicial Commission (1-2 pages), and the names and contact phone and email details of two referees.
Applicants must be Australian citizens or permanent residents. Note the position is ongoing and is not limited to the university break.
Applications close on 15 November 2022, and inquiries can be directed to Trish Poletti on 9299 4421. Please send applications to: recruitment@judcom.nsw.gov.au with Research (Statistics) Intern in the subject line.
The Judicial Commission of NSW is committed to providing a COVIDSafe work environment for all employees. The Judicial Commission of NSW has a Covid 19 Vaccination Policy which is in line with the NSW Government circular C2022-04 Guidance for Government Sector Agencies regarding COVID-19 Vaccinations for their Employees.
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Master of Criminology StudentsJohn O'Brien Memorial Coursework ScholarshipsA postgraduate coursework scholarship
The John O'Brien Memorial Coursework Scholarships in Criminal Law and Criminology provides support for students studying criminal law and criminology at the University of Sydney Law School.
Applications Cloese: 27 November 2022
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Lecturer in Law
Australian Catholic University
Applications close: 20 November 2022
- 3 x Full time, continuing opportunities for Law Lecturers in Melbourne, North Sydney or Brisbane campuses
- Deliver core subjects in the Thomas More Law School's curricula
- Teaching and research focus
As the Lecturer you will have the opportunity to undertake quality research and contribute to excellence in teaching and learning within the Law discipline, participating in community engagement and advances the standing of the Thomas More Law School nationally. This role has a teaching and research focus and may be focussed on areas of Foundations of Law and Legal Research, Contracts, Torts, Property, Statutory Interpretation, Evidence, Legal Ethics and Prof Responsibility, International Law, Administrative Law, Public Law, Land Law, Civil Procedure and ADR, Constitutional Law, Equity and Trusts and Legal Theory.
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Australian Reseach Council
Future Fellowships reflects the Australian Government’s commitment to excellence in research by supporting excellent mid-career researchers to undertake high quality research in areas of national and international benefit.
Application closes: 30 November 2022 5:00pm (ACT Local Time)
Eligibility requirements:
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Candidate must not be nominated for more than one Future Fellowship in a grant opportunity;
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have met their obligations regarding previously funded projects, including submission of satisfactory final reports to the ARC at the grant opportunity closing date;
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have an Award of PhD Date on, or between, 1 March 2008 and 1 March 2018;
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or have a PhD award date together with allowable period of career interruption that would be commensurate with an award of PhD date on, or between, 1 March 2008 and 1 March 2018.
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Authoritarianism & Genocide: Narratives of Exclusion
16th Biennial Meeting of the International Association of Genocide Scholars
Call for Papers Deadline: 1 December 2022
Conference Dates: 10-14 July 2023,
Venue: School of Law, Universitat de Barcelona, Spain
The Call for Paper is now open for the 16th Biennial Meeting of the International Association of Genocide Scholars, 10-14 July 2023, hosted by the School of Law, Universitat de Barcelona, Spain. The theme of this year’s conference is ‘Authoritarianism and Genocide: Narratives of Exclusion’, focusing on the erosion of rule of law and the increasing risk of mass atrocities. Submissions on any aspect of the relationships between authoritarianism and genocide, and democracy and genocide are welcome. As always, we also welcome submissions on any topic within the broad field of genocide studies and related areas. We encourage contributions from practitioners who work on the legal, social, cultural, and scientific aspects of genocide, mass atrocity, and crimes against humanity. More information including submission details available on the website
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Can Postponing Sentencing Protect the Community?
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.
Submissions will be open until Friday 2 December 2022. The Council will then review the submissions, develop options for reform, test those options at a series of roundtables in early 2023, and then submit a final report with recommendations to the Attorney-General in 2023.
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The Robinson Family Scholarship for Female Indigenous Students (Law)
Applications Close: 31 December 2022
This scholarship supports female Aboriginal and/or Torres Strait Islander students undertaking studies in Law at the University of Sydney at an undergraduate or postgraduate level.
This scholarship is valued at $20,000 pen annum and is tenable for the full-time duration of the student’s degree up to a maximum of 1.5 years.
Who's eligible
You must:
- be a domestic student
- identify as a female Aboriginal and/or Torres Strait Islander person as defined in the University of Sydney’s Confirmation of Aboriginal and Torres Strait Islander identity Policy 2015
- be enrolled in or have an unconditional offer of admission to an undergraduate or postgraduate degree within the University of Sydney Law School
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The Parliament of Australia is Accepting Submissions:
The extent and nature of poverty in Australia
Submissions are due by 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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BLOGS, INTERVIEWS & PODCASTS
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Episode 1: Insights into sentencing reform with the Hon Bob Debus AM
Join podcast host and Chair of the Sentencing Council, Peter McClellan AM KC, for a discussion with former NSW Attorney General, Bob Debus. They revisit the tense political climate that led to major reforms in sentencing law and the Council’s establishment in 2003.
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.
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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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