Sydney Institute of Criminology
CrimNet
18 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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Domestic and Family Violence Conference and 16 Days of activism
On the 9th of November we had a fantastic gathering of motivated, engaged, and forward looking academics, psychologists, front line workers, and others working in the many areas of DFV practice. Associate Professor Helen Paterson, specialised in Forensic Psychology and Deputy Director of the IC, brought a diverse, knowledgeable, and passionate crowd together who will no doubt continue to liaise and progress their important work in DFV on the ground.
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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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NSW Custody Statistics: Quarterly update September 2022
November 2022
This report presents 24 months of reception, discharge and custody population data and comparisons between the current and previous quarter for age, gender, indigenous status, most serious offence and the average length of stay.
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Boys handcuffed, held down by guards and sat on in dangerous youth detention 'folding' restraint
Four Corners, 14 November
Officers drag the boy to the ground, handcuff him, and force him into his cell.
Three guards restrain him face down while at least five others watch on. He's wearing nothing but a "rip-proof" gown.
An officer twists the boy's legs until they're crossed behind him and then sits on them.
"It's basically the hogtie," the boy explains.
"They push that far, you can feel your muscles burning and aching."
It's a practice known as "folding up".
The boy, Steve*, was in solitary confinement in juvenile detention, locked up in his cell for almost 24 hours a day.
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Crime is lower when cities are greener: evidence from South Africa supports the link
Charlie Shackleton et al, The Conversation, 10 November
South Africa’s population is urbanising at a rapid pace. The sheer rate of change poses challenges to planning for sustainable and liveable cities.
Part of what make cities work is having green spaces, such as parks, sports fields, nature trails and street trees. These provide many social, ecological and economic benefits. Research from multiple countries such as Australia, China, Finland, India, the US and South Africa has shown this.
Aside from looking good and providing recreation, urban green spaces improve air quality, physical and mental health, and regulate storm water flows. They counteract urban heat islands, store carbon and create jobs.
Some communities nevertheless oppose urban greening efforts because they fear that green spaces and street trees provide places for criminals to hide. Such fears are not unique to South Africa and have been reported from cities in both developed and developing countries.
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Model minorities and murder: Tracey Lien investigates the Vietnamese Cabramatta of the 1990s
Anh Nguyen Austen, The Conversation, November 7, 2022
Bruce Lee famously gave the advice, “research your own experience”. In her debut novel, All That’s Left Unsaid, Tracey Lien researches her experience to convey the emotional complexity of Vietnamese refugee and immigrant experiences in Australia.
Lien was born and raised in South Western Sydney, and grew up in 1990s Cabramatta, where her enthralling murder mystery is set. She earned her Masters of Fine Arts at the University of Kansas and worked as a reporter for the Los Angeles Times.
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Publications
All open access unless indicated.
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Confiscation Orders: Finding a Middle Way Between Two Extremes: R v Andrewes [2022] UKSC 24
Christopher Kirkbride, The Journal of Criminal Law
Abstract: Jon Andrewes was a Chief Executive Officer of St Margaret's Hospice from 2004 until 2015. In 2007, he was appointed as non-executive director of Torbay NHS Care Trust, and then in 2015, Chair of the Royal Cornwall NHS Hospital Trust. All the positions were remunerated. Andrewes claimed an impressive education with undergraduate honours, MPhil, MBA, and by 2007, a doctorate. Allied to the impressive set of qualifications was equally impressive work experience. It was all untrue. Andrewes had told, ‘a series of staggering lies’ ([2020] EWCA Crim 1055, at [21])) in the course of a sophisticated ‘CV fraud’. He was charged with obtaining a pecuniary advantage by deception under section 16(1), Theft Act 1968 in relation to the St Margaret's Hospice role, and two counts of fraud by false representation under section 2, Fraud Act 2006, in relation to the Torbay NHS role, and the Royal Cornwall role.
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Encouraging the Continuation of a Pre-Existing Offence Under the Serious Crime Act 2007: Scott v DPP [2022] EWHC 91; [2022] 1 WLR 2231, Divisional Court
Tony Storey, The Journal of Criminal Law
Abstract: Between December 2019 and January 2020, Omar Scott (OS) made and received calls, and sent and received text messages, to and from a mobile phone that was in the possession of David Sika (DS), a prisoner in HMP Bristol. OS was charged with doing an act capable of encouraging or assisting the possession of an unauthorised phone in prison (an offence under s 40D of the Prison Act 1952, as amended), contrary to s 45 of the Serious Crime Act 2007 (the Act). The Crown case was that by making and receiving calls, and by sending and receiving texts, to and from DS's phone, OS was encouraging DS to possess the phone. OS appeared before District Judge Ross Johnson (the DJ) at Stratford Magistrates’ Court in April 2021. He was convicted and appealed, arguing that the DJ had misdirected himself by finding that there was an act ‘capable’ of encouraging the possession of a phone in prison, given that DS already had it before any of the calls or texts were made, sent or received.
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The Contribution of Complicity
Matthew Dyson, The Journal of Criminal Law
Abstract: Complicity provides a perfect place from which to take steps towards a doctrinally clear and coherent criminal law. In particular, by acknowledging in the complex mass of cases a requirement that the accomplice contribute to the principal's crime. That takes effect differently in assistance and encouragement compared to procuring: (a) an accessory's assistance or encouragement must make a significant contribution to the principal's crime, but does not need to be a but-for cause, and (b) to procure an offence, an accessory must cause it in a but-for sense. This requirement flows from how complicity can be justified and determines the linguistic form of complicity. It extends to the end point of complicity: overwhelming supervening events and withdrawal on the one hand, and sentencing on the other. Fidelity to how we express, and label, the wrongs within participation are important parts of the work we expect it to do. That includes what the wrong in complicity is (and how participants are labelled), the limits in what one can do through another or intend another can do, the causal claims we make in complicity and the differences between forms of complicity. Without even a significant contribution, an accomplice is not meaningfully involved in the principal's crime.
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The influence strategies of interviewees suspected of controlling or coercive behavior
Steven J. Watson et al. Psychology, Crime & Law
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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Fuelling an investigative mindset: the importance of pre-interview planning in police interviews with suspects
Jeffery Chin et al. Psychology, Crime & Law
Abstract: Pre-interview planning is vital in interviews with suspects. Via a questionnaire administered to 596 police investigators in Singapore, the current study examined potential associations between pre-interview planning, interviewing behaviours and interview outcomes. Interviewing behaviours were hypothesised to mediate the relationship between pre-interview planning and interview outcomes. It is posited that pre-interview planning fosters an investigative mindset, which in turn, influences the nature of interviewing behaviours employed by investigators. The study also sought to provide insights into police interviews with suspects in Singapore, given the limited research from Singapore on the topic. Rapport-based interviewing behaviours were found to mediate the relationship between pre-interview planning and positive interview outcomes, contributing empirical support to the importance of pre-interview planning. In addition, accusatorial interviewing behaviours were associated with negative interview outcomes. This study also found that police investigators in Singapore reported frequent planning prior to their interviews and used rapport-based interviewing behaviours with suspects. These behaviours are in line with the interviewing model adopted in Singapore. Regression analyses showed that participants’ endorsement of rapport-based approaches was predicted by investigator experience, confidence, and interview length. Endorsement of pre-planning of interviews was also predicted by investigator confidence and interview length. Implications of these findings are discussed.
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The Symbolic Boundary Work of Incels: Subcultural Negotiation of Meaning and Identity Online
Jan Christoffer Andersen, Deviant Behavior
Abstract: This article explores the boundary work of incels (involuntary celibates), to counter negative media coverage and online ridicule. Attempting to claim rational status, incels have created alternative information channels that reframe their situation of involuntary celibacy as a legitimate life circumstance. I examine the symbolic boundaries within the incel subculture, using the Incel Wikipedia page as a specialized encyclopedia for their online milieu. After describing the incel worldview and subcultural identity, I analyze how incels engage in boundary work to differentiate and solidify their status – categorizing themselves and other people. The article draws on theories of narrative and cultural criminology to present how incels negotiate their identity by establishing symbolic boundaries that exclude out-groups such as women, sexually successful men, and mainstream society. It concludes by considering how boundaries within the in-group are based on degrees of inceldom, gender, and violent actors. As a site of resistance, the boundary work of the incel wiki reveals how the social incel identity is formed and given meaning by contrast to symbolic others. I argue that narrative and cultural criminology can help us unravel the online ecosystem by analyzing the negotiation of external and internal subcultural boundaries.
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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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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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Rape & Sexual Assault Research & Advocacy (RASARA)Improving Responses to Sexual Violence: Learning from Survivors
Date: 23 Nov 2022
Time: 5:30-8:30pm
Venue: Colombian Hotel, 125 Oxford Street #117 Darlinghurst, NSW 2010
A conversation about justice and social responses to sexual violence and reflections on actions for the future.
Speakers include
- Saxon Mullins, survivor-advocate and Director of Advocacy at RASARA
- Karen Iles, Director and Principal Solicitor at Violet Co Legal & Consulting
- Nina Funnell, Walkley Award winning journalist, creator and lead of #LetHerSpeak/#LetUsSpeak
- Jenny Leong, Greens Member for Newtown, NSW Legislative Assembly
- More speakers to be announced.
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Deadly Nights
Date: 25 Nov 2022
Time: 3-6pm
Venue: Alexandria Park
Deadly Connections are bringing together young people of the City of Sydney LGA's at Alexandria Park to let them gather in a safe space.
We welcome all services to come join us, if you would like to be apart, please email your interest.
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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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Public Safety Through Support and Accountability
Date: November 29, 2022,
Time: 12:00 PM – 2:00 PM PST
Venue: Online
Most people serving a prison sentence will eventually return to the community. To prevent re-offending, they must have supports so they can successfully reintegrate. This webinar will explore community-based supports for two groups of offenders: those with a life sentence ("lifers") and those who have been convicted of a sexual offence.
After many years in prison, lifers on parole must adapt to a world that can feel overwhelming, unpredictable, and foreign. Those who have been convicted of a sexual offence must take accountability for the harm they have caused and change the attitudes, thoughts, and behaviours associated with their offending. Family members also require extensive support.
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The inaugural Kim Santow law and social justice panel: The promise and pitfalls of a marketised NDIS
Date: 1 December
Time: 6-7:30pm
Venue: Law Lounge, Level 1, New Law Building Annex (F10A), Eastern Avenue, University of Sydney
Supported by the Kim Santow Law and Social Justice Fund, Sydney Law School’s annual panel discussion closely examines a legal issue in its socio-cultural context, with social justice and human rights considerations central to the discussion.
The National Disability Insurance Scheme (NDIS) holds great promise for improving the lives of people living with disability, but due to its marketised structure it also has a number of pitfalls. To discuss this difficult policy issue, this year’s panel brings together a range of perspectives:
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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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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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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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Ending violence in one generation
ANROWS Notepad | 17 November 2022
“It is time to transform our pain into action. There can be no more excuses – that it is too hard, we don’t know what to do, it’s too complex.”
—Members of the Independent Collective of Survivors, National Plan to End Violence against Women and Children 2022–2032
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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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