16/11/16
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Sydney Institute of Criminology
CrimNet is an electronic criminal justice information network, sponsored by the Sydney Institute of Criminology. It aims to fulfil the need for a means of regular and instant communication between criminal justice professionals, practitioners, academics and students in Australia and overseas.
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Breach rate of Apprehended Domestic Violence Orders in NSW
New research by the NSW Bureau of Crime Statistics and Research (BOCSAR) has shown that the breach rate of Apprehended Domestic Violence Orders (ADVOs) is much lower than the 50% figure quoted in past media reports.

Past efforts to estimate the breach rate of ADVOs have simply divided the number of ADVO breaches by the number of final ADVOs granted. This ignores the fact that one order may generate several breaches and different types of ADVOs can be breached.

There are three types of ADVOs that can be issued in NSW; Provisional Orders, Interim Court Orders and Final Orders.

Provisional orders are short-term ADVOs that can be granted in urgent situations without the matter having to be brought before the court.

An interim ADVO is a short-term order made by the court which can extend a provisional order or put protection(s) in place for the victim until a final ADVO application can be considered by the court.

A final ADVO can be made by the court after a defended hearing, if a defendant has been served with the ADVO documents but failed to appear in court or in cases where both parties consent to the conditions specified in the order.

BOCSAR tracked all ADVOs granted between 1 July 2013 and 30 June 2014 (inclusive), taking care not to count multiple breaches of the same order as if they were breaches of different orders.

BOCSAR found that the breach rate was (a) five per cent for provisional orders (b) nine per cent for interim orders and (c) 20 per cent for final orders (which are much longer in duration).

Most breaches involved only one incident per order (88% of provisional order breaches, 73% of interim order breaches and 64% of final order breaches).

Of all ADVOs which were breached, 34% were breached within one month of being granted, 23% within 1-3 months and 18% within 3-6 months. Male, Indigenous and younger offenders breached their final order sooner than other defendants.

Commenting on the findings the director of BOCSAR said that ADVOs were not a miracle cure but in four out of five cases they put a stop to the violence, intimidation and harassment.

The full report can be found online here.

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Upcoming Events
Sydney Ideas - The Fiction of Memory
Date: 3 January 2017, 6:00-7:00pm
Location: Eastern Avenue Auditorium, University of Sydney

False memories, like true ones, have consequences for people, affecting later thoughts, intentions, and behaviours.   Can we tell true memories from false ones?  This public lecture, given by Professor Elizabeth Loftus as part of the Sydney Ideas series, will focus on how false memories are made, how they can be distinguished from genuine memories, and what this means for memory itself.

Elizabeth Loftus is Distinguished Professor at the University of California - Irvine. She has published 23 books and over 500 scientific articles on the malleability of human memory.  She has been recognized for her research with seven honorary doctorates and election to the Royal Society of Edinburgh, the American Philosophical Society, and the National Academy of Sciences. Her expertise in memory has profound implications for the legal system and consequently she been an expert witness or consultant in hundreds of court cases.

This event is free to attend, however registration is essential. To register and for more information, please visit the event website.
Cannabis Law Reform in Australia: Panaceas, Promise and Pitfalls
Date: 21st November 2016, 5:00-6:30pm
Location: QUT Gardens Point Campus

In this event, guest speaker Professor Ian Freckelton will contextualise current movements toward reform of medicinal cannabis in Australia. He will discuss the report of the Victorian Law Reform Commission which prompted the pioneering Access to Medicinal Cannabis Act 2016 (Vic). He will identify problematic issues that have surfaced in relation to comparable reform efforts in the United States and Canada, and the risks of abuse within such reforms. He will identify a conceptual and empirical basis for medicinal cannabis law reform in Australia and review the conditions for which it can plausibly be asserted that cannabis has a sufficient level of therapeutic efficacy. He will review arguments in relation to risks of medicinal cannabis and assert that for law reform to be effective, it should be gradualist and engage the confidence of both medical practitioners and pharmacists, avoiding homegrown schemes and smokable forms of the drug.

To register and for more information, please visit the event website.
Policing, Cyberspace, Surveillance
Date: Monday 28 November, 10:30am–1:00 pm
Location: Deakin Waterfront – D3.321, Deakin Burwood F2.009


Deakin Criminology is holding a public seminar examining the broad theme of Policing, Cyberspace, Surveillance. Critical discussion will be framed around the following three papers:

Criminal conspiracies, cryptomarkets and US cyber-investigations
Monique Mann

Cyberspace bridges conventional geographic divides with implications for US transnational and extraterritorial investigations. This paper argues that global digital communications are reorienting both the content and procedures underpinning the criminal law. Using the Silk Road cryptomarket prosecutions to demonstrate how United States conspiracy law drives transnational cyber investigations, this paper will show how these processes reflect ideological conceptions of justice, due process and the rule of law to legitimize US extraterritorial surveillance and joint surveillance arrangements with other Western ‘partners’.


Government Hacking and Rule-with-Law
Adam Molnar

This paper considers how law enforcement interference with information communication infrastructures for the purposes of surveillance or disruption (more commonly termed ‘government hacking’), is challenging rule of law and reshaping the administration of procedural justice in significant ways. The discussion also considers how government hacking as an investigatory method in domestic criminal investigation and intelligence operations in Australia and Canada raises serious concerns for privacy and civil liberties in democratic societies.

Surveillance, Police and Policing
Ian Warren

This paper suggests the importance of moving away from strict public and private binaries to understand the devolved and fluid relationship between Foucauldian notions of police, and emerging patterns of ubiquitous surveillance in contemporary policing. 



For further details on attending in person or via VMP or to RSVP please contact Dr Ian Warren (ian.warren@deakin.edu.au) or Dr Adam Molnar (adam.molnar@deakin.edu.au).

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Recent Publications
Media, legal and young people’s discourses around sexting
Algorithmic prediction in policing: assumptions, evaluation, and accountability
By Lyria Bennett Moses and Janet Chan, UNSW Law

The goal of predictive policing is to forecast where and when crimes will take place in the future. The idea has captured the imagination of law enforcement agencies around the world. Many agencies are purchasing software tools with the goal of reducing crime by mapping the likely locations of future crime to guide the deployment of police resources. Yet the claims and promises of predictive policing have not been subject to critical examination. This paper provides a review of the theories, techniques, and assumptions embedded in various predictive tools and highlights three key issues about the use of algorithmic prediction. Assumptions: The algorithms used to gain predictive insights build on assumptions about accuracy, continuity, the irrelevance of omitted variables, and the primary importance of particular information (such as location) over others. In making decisions based on these algorithms, police are also directed towards particular kinds of decisions and responses to the exclusion of others. Evaluation: Media coverage of these technologies implies that they are successful in reducing crime. However, these claims are not necessarily based on independent, peer reviewed evaluations. While some evaluations have been conducted, additional rigorous and independent evaluations are needed to understand more fully the effect of predictive policing programmes. Accountability: The use of predictive software can undermine the ability for individual officers or law enforcement agencies to give an account of their decisions in important ways. The paper explores how this accountability gap might be reduced.

This article can be found online here.
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Job Advertisements
Lecturer in Criminology (Level B, 2 positions) - University of New England, Armidale NSW

- Continuing, full-time
- AUD 90,618 to AUD 107,397 per annum (Level B)
- Plus 17% employer superannuation. Salary packaging options are available.
- Relocation assistance provided. 

 About the role

The Discipline of Criminology seeks to appoint two Lecturers in Criminology with a publication record, expertise, and ability to teach in Criminology, but particularly in the areas of the Australian Criminal Justice System, corrections, offender profiling, cultural criminology and crime prevention. The appointee will join an enthusiastic and innovative team who teach and research across a range of areas including: rural crime, forensic science, policing and penology.

Skills & Experience

The successful applicants will hold a doctoral qualification in Criminology. They should have previous teaching experience, including online teaching and curriculum development. They will be expected to teach across a range of existing units offered by the Discipline of Criminology at UNE. The appointees will be excellent communicators with strong interpersonal skills and the ability to collaborate and perform effectively within a team, and able to pursue a program of research in his or her field within Criminology. A willingness to perform appropriate administrative/service roles both within the Discipline and at a University level is also a core requirement of this position.

It is anticipated that the successful applicants would commence duties early in 2017.

Additional information

To discuss this role please contact Professor Lewis Bizo phone 02 6773 3012 or email hosbcss@une.edu. To find out more about BCSS visit www.une.edu.au/bcss.  Applications close on the 4th of December 2016, and can be made online here.

Senior Inspection & Research Officer, Inspector of Custodial Services NSW
- 2 x Temporary Full Time up to 12 months
- Location: Sydney CBD
- Clerk Grade 9/10, Salary ($102,838 – $113,324), plus employer’s contribution to superannuation and annual leave loading

The Inspector of Custodial Services is an independent oversight body. The purpose of the Inspector of Custodial Services is to provide scrutiny of the conditions, treatment and outcomes for adults and young people in custody in NSW. The Inspector is independent of Corrective Services NSW and Juvenile Justice NSW and reports directly to NSW Parliament. Under the provisions of the Inspector of Custodial Services Act 2012, the Inspector is required to inspect all correctional centres once every five years, and juvenile justice centres in NSW once every three years. The office has published reports on overcrowding in the prison system, life-sentenced inmates, the management and care of aged inmates, and connecting young people with family and community.

To learn more about this position and to apply, please follow the link.
Researcher/Senior Researcher - Law and Justice Foundation of NSW
Working arrangement: Full time or part time. Flexible working arrangements available.

Salary:  Dependent on qualifications and experience.


The exact nature of the role will vary depending on the seniority of the researcher and research projects underway but may include leading or contributing to:
  • the design, conduct and management of innovative empirical research and evaluation projects
  • primary data collection, including the design and application of data collection instruments and interviewing
  • processing of complex administrative data provided by external organisations for research and statistics purposes (including data cleaning, documentation and analysis)
  • descriptive and multivariate statistical analysis
  • the write-up of research in an appropriate style for the intended audience
  • the communication of research findings via oral presentations as required
  • ad-hoc advice on evaluation design, research findings and data analysis to stakeholder organisations
  • the fostering of positive relations with the legal assistance sector, academia and other research/analysis organisations
  • Keeping up to date with relevant issues and research techniques and actively sharing relevant information with other staff members
  • other tasks to assist in the operation of the Foundation as required.

Skills/Selection Criteria

All research roles require a tertiary qualification in the social sciences, statistics or other relevant discipline and demonstrated experience in undertaking social research and analysis, such as in an academic, public-sector or not-for-profit organisation. A sound understanding of the Australian / NSW legal system and legal assistance sectors would be an advantage. Applicants for a Researcher position should have at least 2 years relevant experience. Applicants for a Senior Researcher position should have at least 5 years relevant experience. Please state which researcher grade you wish to be considered for.

In your application please provide a Curriculum Vitae (CV) and specify how you meet the competencies required of the role you are applying for. Other than your CV, your application should be no more than 4 sides of A4 (Times Roman or equivalent, 12-point font).

Please send your applications or any questions to: Richard Wood at hr@lawfoundation.net.au. Applications close at 5pm on Friday 25 November 2016 but will be considered upon receipt.
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Student and Volunteer Opportunities
Apply for Sydney Institute of Criminology summer internships!
The Institute’s internship program is open to LLB, JD and Masters of Criminology students of the Sydney Law School. The program is undertaken on a pro-bono basis. Interns must be available to work 10 full days over January and February.

The internship program will be of interest to students seeking to gain experience in an organisation devoted to research and public policy in the area of criminal justice. Interns will be provided with the opportunity to participate in a broad range of Institute activities and to interact, both formally and informally, with Institute staff members.

To apply, please send a cover letter, CV, copy of your academic transcript, writing sample, and details of two academic referees to law.criminology@sydney.edu.au.

Applications for the summer internship close at 5pm Friday 18 November 2016.
Law PhD Call for Expressions of Interest - University of Tasmania
Topic: Tracing the impact of legal education in Australia: the nexus between legal scholarship and criminal law and practice

Background: In the last sixty years one of the most important developments in law has been the movement of legal education into universities.  And yet scholars have only just begun to investigate how this shift influenced the shape and practice of law.

Take, for example, Australia’s first substantial criminal law textbook authored by Peter Brett and Louis Waller (1961).  It encouraged students to critically appraise Australia’s criminal laws and consider their moral underpinnings.  Based on strong liberal, progressive and reformist foundations it had the potential to change the criminal law and the model of a criminal lawyer.  The book resembled some US criminal law textbooks that, scholars now argue, encouraged students to become policy advisors rather than criminal lawyers.[1]

This highly original thesis will explore the nexus between legal education, and, criminal law and practice. It will investigate whether legal education and scholarship (a) led to substantial reforms based on new ideas of the concept of law and lawyering and (b) framed important issues such as the need for codification and the mental element in crime.

More information

Expressions of interest are invited from outstanding law graduates with first class honours (or equivalent). The successful candidate will be assisted to produce high quality publications and to tailor their project to advance their career interests in academia or policy formation. Distance research is feasible (based outside of Hobart) depending on alignment between the candidate’s research skills and the topic.

For further information, please contact Dr Susan Bartie at Susan.Bartie@utas.edu.au

Due date

Applications are due by 5 December 2016.

[1] See Anders Walker, ‘The Anti-Case Method: Herbert Wechsler and the Political History of the Criminal Law Course’ (2009) 7 Ohio State Journal of Criminal Law 217.

Prison Psychologist and Case Manager - Solomon Islands (Australian Aid)

The Australian Government funded 'Australian Volunteers for International Development' program is recruiting for the position of: Prison Psychologist and Case Manager in Honiara, Solomon Islands.  It is a volunteer role but all main costs are covered and the package includes both living and accommodation allowances. The volunteer experience will be 12 months long.

This link will take interested candidates to the role on AVID's website. Applications will close at midnight on the 21st of November.

 

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