Publications

This is a searchable catalogue of the College's most recent books, book chapters, journal articles and working papers. The ANU College of Law also publishes a Research Paper Series on SSRN.

 Alternative Law Journal

Indigenous corporations: Lessons from Māori business forms

Author(s): Akshaya Kamalnath

The economic and political empowerment of Indigenous people are linked although the issue of economic empowerment is often overlooked. This Brief analyses the corporate governance model and business structures used by Māori in New Zealand along with some developments in Canadian Indigenous businesses. Based on this, the Brief makes suggestions for proving the regulatory support and options available for Indigenous businesses in Australia.

Access here

Centre: CIPL

Research theme: Indigenous Peoples and the Law

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Getting Out of Debt: The Road to Recovery for Victim/Survivors of Family Violence

Author(s): Elizabeth Curran

This research and evaluation report undertaken by Dr Liz Curran of the Australian National University (pro bono) looks at research over the two years of the life of a family violence project (with base line data collected in a First Phase Report in November 217) examining a Secondary Consultation (SC) service integrated with Training and Outreach program as well as capacity for strategic advocacy.

The Consumer Action Law Centre project (with part funding from the Victorian Department of Justice & Regulation) aims to overcome barriers for people experiencing family violence identified in previous studies. The research findings (detailed in this report) are that legal assistance services, such as this one of the Consumer Action Law Centre, working with trusted community professionals (to whom people experiencing family violence are likely to turn) if done in a holistic, integrated and seamless, respectful way can enable credit & debt legal issues to be addressed in a timely, creative and effective way. It does this by breaking down barriers that exist to those needing legal help. The report provides some universal insights into the plight and impacts of family violence and ways for effective service delivery without ignoring the challenges for both individuals and a variety of services in providing critical support for victim/survivors of family violence and their family.

Read on SSRN

Centre: CIPL

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

The Enchantment of the Long-haired Rat: A Rodent History of Australia

The Enchantment of the Long-haired Rat: A Rodent History of Australia

Author(s): Tim Bonyhady

The fascinating story of a much-maligned and little-understood native Australian rodent.

The long-haired rat breeds and spreads prodigiously after big rains. Its irruptions were plagues to European colonists, whofeared and loathed all rats, but times of feasting for Aboriginal people.

Tim Bonyhady explores the place of the long-haired rat in Aboriginal culture. He recounts how settler Australians responded to it, learned about it and, occasionally, came to recognise the wonder of it. And he reconstructs its changing,shrinking landscape—once filled with bilbies, letter-winged kites and inland taipans, but now increasingly the domain of feral cats.

An astonishing history, The Enchantment of the Long-haired Rat illuminates a species, a continent, its climate and its people like never before.

Centre: CLAH

Research theme: Indigenous Peoples and the Law

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Overcoming the Invisible Hurdles to Justice for Young People the Final Research and Evaluation Report of the Invisible Hurdles Project: Integrated Justice Practice - Towards Better Outcomes for Young People Experiencing Family Violence in North East Victo

Author(s): Elizabeth Curran

The three-year “Invisible Hurdles Project” was trialled in southern NSW and northern Victoria and successfully broke down intractable mistrust of lawyers and provided legal help to people who usually can’t be reached.

The pilot saw lawyers embed themselves into youth, health and other services reaching 101 people with 198 legal matters which may not have come to light otherwise.

Associate Professor Liz Curran, led the research and evaluation of the project with Pamela Taylor-Barnett assisting - both of ANU School of Legal Practice.

The pilot saw the Hume Riverina Community Legal Service (HRCLS) provided lawyers free of charge who embedded themselves into three partner organisations: The Albury Wodonga Aboriginal Health Service (AWAHS), a school for vulnerable young people, Wodonga Flexible Learning Centre and North East Support and Action for Youth (NESAY).

The report makes many findings and recommendations including The data revealed that non-legal staff responding to clients were also initially distrustful of the lawyers, but now find them a responsive ally which has boosted their capacity to respond effectively. It’s had the knock-on effect of reducing stress and anxiety in themselves and their clients. It can inform other models, policy and funding frameworks as well as future service delivery in multi-disciplinary practices including, health justice partnerships.

Read on SSRN

Centre: CLAH

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

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National Human Rights Institutions (NHRIs) and the Hazards of Being the Nexus between Global and Local: A Case Study of the Myanmar National Human Rights Commission (MNHRC) in the Maelstrom of Public Controversy

Author(s): Jonathan Liljeblad

National Human Rights Institutions (NHRIs), as set forth in the 1993 Paris Principles, are expected to be independent bodies that promote and monitor state implementation of international human rights standards. In such a role, an individual NHRI bridges the gap between “international human rights obligations and actual enjoyment of human rights on the ground” and thereby operates as a nexus between a global human rights system and local conditions. A location at the nexus has the potential to offer opportunities to exercise powers as an intermediary on behalf of human rights in terms of enabling engagement between global and local levels. The analysis, however, draws upon the experiences of the Myanmar National Human Rights Commission (MNHRC) to assert that there are limits for institutions at the nexus between global and local. Using a public controversy from 2016 that questioned the legitimacy of the MNHRC and threatened its existence as an NHRI, the analysis seeks to improve understanding of the risks facing NHRIs and add insight into the ways contextual politics challenge expectations for NHRIs to operate as human rights intermediaries.

Read on SSRN

Centre: CIPL

Research theme: Environmental Law, Human Rights Law and Policy, Indigenous Peoples and the Law, International Law, Law, Governance and Development

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Beyond Transnational Advocacy: Lessons from Engagement of Myanmar Indigenous Peoples with the UN Human Rights Council Universal Periodic Review

Author(s): Jonathan Liljeblad

On July 21, 2015, the Coalition of Indigenous Peoples in Myanmar/Burma (CIPM), a group representing 24 indigenous rights organizations in Myanmar, announced they were submitting a report to the Universal Periodic Review (UPR) session on Myanmar. The use of the UPR represents an attempt by Myanmar’s indigenous groups to address a variety of issues not traditionally associated with human rights, among them: environmental grievances associated with alleged government seizure of land, deforestation, pollution, and suppression of land-use rights.

The use of the UPR also illustrates an indigenous strategy of reaching up to an international level in order to address problems at a local one: the CIPM resorted to the UPR in hopes of mobilizing pressure to change the behavior of the Myanmar government. This article explores the experiences of the CIPM with the UPR to draw lessons for other groups that seek to use the UPR to advance their interests.

Read on SSRN

Centre: CIPL

Research theme: Environmental Law, Human Rights Law and Policy, Indigenous Peoples and the Law, International Law, Law, Governance and Development

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Equal Consideration and Informed Imagining: Recognising and Responding to the Lived Experiences of Abused Women Who Kill

Author(s): Anthony Hopkins

Equality is a fundamental concern of human existence. Expressed in the principle of equality before the law it requires that those who come before the law are entitled to be treated as being of equal value and to be given ‘equal consideration’. In circumstances where those who come before the law are marked by their differences, giving of equal consideration requires that difference be understood and taken into account. The identification of difference does not of itself determine the question of whether different treatment is warranted in the interests of equality. However, this article argues that understanding difference is a precondition for the promotion of true equality and that, in pursuit of understanding difference, it is necessary for us to acknowledge the limitations of our capacity to understand the lived experience of ‘others’ and to actively work to engage with these experiences. In the context of the criminal justice system, we over abused women who kill as illustrative of this need, focusing upon the availability and operation of self-defence in England/Wales, Queensland and Victoria. In doing so, we consider the capacity of the law, legal process and legal actors to engage with the lived experiences of these women, highlighting the im portance of ‘informed imagining’.

Read on SSRN

Centre: CIPL

Research theme: Criminal Law, Indigenous Peoples and the Law, Law and Gender, Law and Social Justice, Legal Education, The Legal Profession

An Interdisciplinary Student Clinic at University of Portsmouth (UoP): Future Practitioners Working Collaboratively to Improve Health and Wellbeing of Clients (Presentation Slides)

Author(s): Elizabeth Curran

Our paper fits into all the themes ● The clinician and community needs ● The clinician and research into the impact of clinic ● The clinician and academic identity ● The clinician and curriculum and student learning

This paper examines the value in students, academics and clinical supervisors learning and working together across different disciplines through an interdisciplinary student clinic (IDSC) to deliver legal and public health education to people who experience social exclusion by reason of vulnerability or disadvantage (including poverty)– the ‘Health Justice Partnership Student Clinic’.

This paper situates the discussion firstly within the context of author one’s research on multi-disciplinary practices (MDP) including Health Justice Partnerships (HJP) which have led to this decision at University of Portsmouth to set up a IDSC. MDP in this context is where a number of professionals work together in a practice to assist the client using their different skills but in the one place and setting. One subset of an MDP is the HJP which sees lawyers working alongside nursing and allied health professionals to reach clients with a range of problems capable of legal solutions e.g. debt, family violence, poor housing, consumer issues, care and protection, human rights, access to services. It is about going to where people in need of help are likely to turn.

This paper firstly identifies the evidence-based research that has led the authors to see the need, not just for multi-disciplinary practices in a service context but also interdisciplinary practice and teaching opportunities through clinical learning that brings greater collaboration for students, supervisors and academics across the professional divide to improve outcomes for clients. The authors see a critical need in universities to better prepare the emerging professionals to learn about collaboration with other disciplines and demonstrate influence and impact in the wider community. Author one’s empirical research into effective practice also suggests that such collaboration leads to better outcomes for clients and patients especially those experience some form of vulnerability or disadvantage.

Secondly, as there is some literature on IDP and IDSC, (mainly from the United States and Australia) this paper will explore other models, the reasons and rationales for their emergence and the benefits and challenges and how this has informed the development other new pilot IDSC at the University of Portsmouth. The paper then discusses why the IDSC has emerged as an important way of building better and more responsive future practitioners in nursing, law and allied health disciplines.

The paper also discusses aims of the three-year University of Portsmouth pilot IDSC and the joint learning opportunities for students of different disciplines, their supervisors and across departments which are envisioned so as to break down barriers between professionals, enable future practitioners to collaborate across different fields and thereby improve social justice and health outcomes for clients and community. These include fostering and increasing understanding and respect for different professional roles and approaches, breaking down stereotypes, enhancing student employability and working together to better reach and meet client/patient needs by being more responsive to legal and public health needs.

The proposed trial IDSC HJP student clinic course will teach new approaches to students studying nursing, dentistry and law in a joint learning environment that includes problem solving, relationship-building, communication and collaboration skills in a clinic which will provide live client legal and public health advice. It will discuss how this is being undertaken and the challenges and approach of the course and its curriculum.

The paper finally discusses the embedded evaluation of the pilot study. It is embedded as the authors are keen to enable good practice, share lessons learned and inform replicable models in other university settings. The embedded evaluation being undertaken will inform as to the projects impact on students, academic staff, partner agencies and clients.

Read on SSRN

Centre: CIPL

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

'Envisioning Student Learning in a Multi-Disciplinary Student Clinic Future Practitioners Learning About Working Collaboratively Across Disciplines to Better Help Community’ (Presentation Slides)

Author(s): Elizabeth Curran

In this paper, the author examines the imperative for interdisciplinary student clinics where law, nursing, social work and other disciplines work together in joint classes at undergraduate levels to learn collaborative and client skills to overcome barriers and professional stereotypes that impede the solving of clients problems holistically. Then they can work towards delivering a real life advice clinic to clients in most need and undertake systemic reforms to avert problems.

The paper defines interdisciplinary student clinics and multi-disciplinary practice given the nomenclature in literature is contradictory and confusing.

The presenter’s research and practical experience as a clinical legal education supervising solicitor within a health service has led to the idea for the development of an interdisciplinary student clinic as an important way of building better and more responsive future practitioners in health, law and allied health disciplines.

The paper outlines some initiatives undertaken by law students under her supervision that could if further developed be done in collaboration and co-cooperatively alongside other colleagues in different fields and in student learning to ensure respectful and reciprocal learning. It can also lead to an appreciation of different professional roles and differing ethical obligations. In this paper, the author identifies why there is a need for such an approach to break down barriers between professionals to improve social justice and health outcomes based on her recent empirical research.

She will explore research and new approaches to lawyering and health services provision that works across silos to enable more seamless navigable service options for real life clients of the clinic and new approaches in a work place.

The author has been asked to advise (pro bono) on the establishment of such an innovative clinic at Portsmouth University in the UK for nursing, law and social work students.

This initiative by way of a pilot aims to see work across academic disciplines and with clinical supervisors from different fields designing and teaching together in such a IDSC.

The author notes that a further paper is being developed in collaboration with the Head of Law and Head of Nursing at Portsmouth University that explores these issues in more details.

Read on SSRN

Centre: CIPL

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

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First Research and Evaluation Report Phase One Consumer Action Law Centre Project – Responding Effectively to Family Violence Dimensions of Debt and Credit Through Secondary Consultations & Training with Community Professionals

Author(s): Elizabeth Curran

The Report of the Royal Commission into Family Violence recognised that the family violence victim’s financial security impacts on their wellbeing. Beyond the role of the perpetrator of violence, many problems interact in relation to family violence related debt: 1. The considerable difficulties victims face in asserting and enforcing their financial rights alone; 2. A systemic failure by financial and utility service providers “to understand, identify and respond to economic abuse”; and 3. Inadequate legal and regulatory protections. This Research and Evaluation Report Phase One, evaluates whether the aim of this project to provide a Secondary Consultation (SC) service integrated with Consumer Action’s Training and Outreach program providing training, resources and support to community workers (‘community professionals’) to overcome barriers identified in previous studies by working with trusted community professionals to whom people experiencing family violence are likely to turn to enable their credit & debt legal issues is being addressed in a timely and effective way. The data discussed and analysed for this report including the proxies or benchmarks, set for this research evaluation are being achieved namely engagement, capacity, collaboration and empowerment however there are still some areas for improvement, which is only natural when this project is in its infancy and the issues as the Royal Commission highlights are so vexed and complex. The in-depth interviews reflect that trust and reliability are critical in gaining secondary consultations and referrals. The former being identified (as in other studies ) as critical if the latter are to flow. The qualitative data suggests that Consumer Action is starting to build trust and relationships but there are notes of warning from the interview participants about a need for clarity around the extent and resources and types of matters Consumer Action can assist with and offer support on. This the research participants 5/6 noted can also give them confidence and greater certainty as they support their clients through family violence and debt and credit related issues. The research data consistently highlights the value of secondary consultations (5 out of 6 of the participants strongly agree to its value) in providing efficient, effective and responsive timely secondary consultation to community professionals especially where clients may: not be emotionally ready to see a lawyer, have too many issues weighing on them, or have had poor experiences of lawyers. The latter is consistent with other research but seems to be addressed, as the participants noted in the in-depth interviews with the style of community lawyering that is approachable and practical and considers context. Consumer Action has delivered training sessions which double the number which the funding requires. This is a critical part of building the awareness not only of the service but of the range or problems capable of a legal solution, building trust and relationships and capacity to respond of agencies and other community professionals into the future beyond the extensive reach that Consumer Action already has, to financial counsellors. Noted by all interview participants was that secondary consultations are invaluable as they build trust, provide a form of instant on the spot training, especially for professionals and their clients in rural locations, which are being used to extend the reach of Consumer Action to clients beyond those for whom the initial consultation is sought as the information has wider utility. It can be timely and there is no intake process that for other services can present barriers.

Read on SSRN

Centre: CIPL

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

'Measuring Impact and Evaluation: How and Why? And Some Tips': Workshop 10 – 11 November 2016 for Law Centres Network UK National Conference (Presentation Slides)

'Measuring Impact and Evaluation: How and Why? And Some Tips': Workshop 10 – 11 November 2016 for Law Centres Network UK National Conference (Presentation Slides)

Author(s): Elizabeth Curran

This workshop was a practical workshop for Law centres across the UK about why evaluation of services to ascern effectiveness, quality and impact on clients and community is key It flagged some of the challenges of measuring impact, lessons and summarised key literature and research in the area. It also relayed experience of conducting such research and evaluation work and noted some cautions.

The workshop shared some ‘how to's’ from a vantage point of agencies who have limited resources but which would like to provide evidence of what they do, why they do it and how it has an impact, thus building an evidence base for what works well and why.

The workshop concluded by encouraging participants with some guidance from Dr Curran on how to identify some of the outcomes and way they might measure these and impacts of their service on clients and community.

Read on SSRN

Centre: CIPL, CLAH

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

Draft Working Paper for a Research and Evaluation Report for the Bendigo Health–Justice Partnership: A Partnership between ARC Justice Ltd and Bendigo Community Health Services

Draft Working Paper for a Research and Evaluation Report for the Bendigo Health–Justice Partnership: A Partnership between ARC Justice Ltd and Bendigo Community Health Services

Author(s): Elizabeth Curran

This report documents the reasons for health justice partnerships, the literature, the methodology, the field research which used a participatory action research approach with a continuous learning and development framework. This Draft Working Paper sets out the summary of qualitative and quantitative data, the findings, conclusions lessons and recommendation emerging from this longitudinal study on the Bendigo Health Justice Partnership, in advance of the Full Final Research and Evaluation Report which will be released in 2017.

ARC Justice (specifically one of its programs, the Loddon Campaspe Community Legal Centre (LCCLC)) and the Bendigo Community Health Service formed a partnership in 2013 to commence a Health Justice Partnership (HJP) in January 2014 to better reach those clients experiencing disadvantage.

ANU (through the author Dr Liz Curran) was commissioned to conduct empirical research and an evaluation of the pilot project's impact on the social determinants of health, its outcomes and the effectiveness of Health Justice Partnerships in reaching clients who would otherwise not gain legal help with a range of problems capable of a legal solution.

This Draft Working Paper is released, in advance of the Full Final Report, so that agencies, researchers and funders and policy makers developing or working in Health Justice Partnerships or multi-disciplinary practices can benefit and be informed by the research and evaluation given the wide range of issues emerging from the research canvasses while the Full Final Report is finalised.

The Full Final Research & Evaluation Report will be released in 2017 but, in the interim, people using SSRN can utilise the research for their work. This responds to the numerous requests to share the research at the earliest opportunity so as to inform service delivery and funding applications which may occur before the release of the Final Report.

Read on SSRN

Centre: CLAH

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

Seminar: ‘Reaching People Currently Excluded by Improving Access to Justice Through Multi-Disciplinary Practices’: Health Justice Partnerships - Recent Research Findings’ (Presentation Slides)

Author(s): Elizabeth Curran

This seminar examined recent research findings from the author's research and evaluation of the Bendigo Health Justice Partnerships in a rural & regional are of Victoria based at the Bendigo Community Health Service at its site in a low -socioeconomic area in Australia, as a case study.

The paper also drew on Dr Curran's other research and some of the other research and literature on what can lead to effective legal service delivery and have a positive impact on outcomes and the social determinants of health.

The paper also highlighted the importance of professionals working together to better reach many in the community who have not been accessing legal help due to significant barriers, some of which are systemic, and what the quantitative and qualitative researcher data suggest are key elements in Health Justice Partnerships and Multi-disciplinary practices if they are to be effective.

The author highlights difference between models in the UK, USA and Australia but suggests the research still has some valuable lessons.

Dr Curran stressed that the qualitative data reveals that relationships, respect and trust, emerge as key, for effective services as legal assistance service is essentially human service delivery to people who have complex and multiple issues that make engagement difficult.

Dr Curran cautions against 'top down' 'siloed' service delivery noting that the evidence based research she has undertaken suggests that participatory service delivery that engages, builds capacity, collaborates and empowers providing a voice for community and professionals who deliver the services are all critical for an effective, efficient and well targeted service which the research is suggesting HJP can be if it has such elements in its approach.

Read on SSRN

Centre: CIPL, CLAH

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

Human Rights and Realizing the Right to Health for the Most Disadvantaged – Health Justice Partnerships (Presentation Slides)

Author(s): Elizabeth Curran

This seminar/workshop examines innovations such as multi-disciplinary practice, specifically Health Justice Partnerships (HJP) and how they can enhance human rights adherence and protection.

Services are already hard to navigate for the most vulnerable and disadvantaged. Even where there is no court or tribunal case involved access to legal advice can be critical. It can save mistakes being made, help people understand their rights and responsibilities and according to my research on the impact of HJP's through evidence based field research, such models lead to early intervention and often prevention of problems or their escalation. Fundamental universal human rights such as the right to income support, the right not to experience inhumane or degrading treatment including poor housing, and rights to safety are all aspects that can see vulnerable and disadvantaged people needing legal advice and support.

It is also critical to the Rule of Law. (See author's comments, Chapter 1 (21) ‘Access to Justice’ Global Perspectives on Human Rights (3rd edition, 2015) OHRH, at 22).

This seminar/workshop discusses some of the human rights settings and what HJP can to do help realise rights to health and well being that are effected by the social determinants of health.

It examines some research and findings of the author including the types of lawyers that are critical to successful lawyering and health service support if those programs/services are to be effective in engaging the most vulnerable. The presentation also suggests how HJP might be explored in student clinics and in non government organisations doing work in developing countries which have limited resources and where the reach of HJPs, collaboration and capacity building can be critical. This feeds into Sen's notions of capability and empowerment and the critical importance of systemic work to solve the causes of problems including the alleviation of poverty.

Read on SSRN

Centre: CIPL, CLAH

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

Realizing the Right to Health and Access to Justice for the Most Disadvantaged – Health Justice Partnerships (Presentation Slides)

Author(s): Elizabeth Curran

This Seminar was presented to post graduate students, academic staff and members of non-government organisations and examines recent evidence based research that examines the impact of Multi-Disciplinary Practice such as a Health Justice Partnership (HJP).

The seminar explores the HJPs impact on improving the outcomes of the social determinants of health for clients with legal problems that would otherwise not have been identified or resolved but for the HJP.

It also canvassed empirical data suggestive that there had also been enhancements to the professional capacity of lawyers, health and allied health professionals through working within an HJP setting that benefit clients and enable further reach in resolving legal problems capable of a solution.

Using research in Bendigo a regional, rural of Victoria, Australia the seminar discusses the nature of the research undertaken and key findings. The discussion then led to ideas around expansion of the HJP model in a Danish setting.

Read on SSRN

Centre: CIPL

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

International Lessons on Health Justice Partnerships: Their Applicability for Pro Bono Partners and Managers (Presentation Slides)

Author(s): Elizabeth Curran

This Panel/Workshop focuses on International Lessons on Health Justice Partnerships. Speakers including Dr Curran were asked to respond in an interactive session to the following headings:

i. Development of HJPs in Australia/USA

ii. Benefits of the model

iii. Evaluation of HJPs funded in Victoria

iv. Commonalities across projects

v. Key messages and lessons from evaluation

The session was held for UKAcademy which has been developed by the UK Collaborative Plan for Pro Bono, with planning support from the Association of Pro Bono Counsel. UKAcademy now comprises ten sessions focused on practical topics of relevance to those managing or developing pro bono in a law firm setting. Information-sharing is a cornerstone of the UK Collaborative Plan for Pro Bono. Members of the Plan have agreed to share data on pro bono activities, they share information on new pro bono opportunities, and they share practical knowledge to help expand their respective pro bono practices. The audience for this event was lawyers and managers employed by law firms who coordinate law firm pro bono programmes. The majority of audience members have a UK base, although joined by some colleagues from the USA.

The event was coordinated by Allen Overy's Pro Bono Manager Hayley Jones.

Read on SSRN

Centre: CIPL

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

Topic - 'Health Justice Partnerships (HJP) Research, Evaluations and Findings, and 'How To.'' Presentation Slides, Panel of the Legal Education Foundation UK & Allen & Overy, 12 September 2016, London, UK

Author(s): Elizabeth Curran

There is a growing evidence base demonstrating positive outcomes from the provision of legal advice in healthcare settings. In the US and Australia there are national centres that promote and co-ordinate this work, where they are respectively known as medical-legal partnerships and health justice partnerships. There are also multiple examples of good practice in the UK, captured by reports such as the Low Commission’s 2015 paper The Role of Advice Services in Health Outcomes. The Legal Education Foundation is keen to see the expansion of partnerships between health funders and providers and social welfare legal advice. There have been discussions about how to convert the isolated good practice into a more cohesive national system of health justice partnerships.

This event was a workshop, which heard from Dr Liz Curran, a leading academic in this field who has been involved in Health Justice Partnerships in Australia and Steven Schulman, a partner at Akin Gump who has worked on Medical-Legal Partnerships in the US. Professor Dame Hazel Genn with a UK perspective as a leading authority on access to civil and administrative justice and her work to develop a pioneering student law clinic based at the Guttman Health and Well-being Centre in east London. The workshop was designed to be participatory so as to hear about UK-based examples of best practice and to explore how best to build upon the work going on in the UK.

Read on SSRN

Centre: CIPL

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

Health Justice Partnerships (HJP): Working Ethically to Reach Those in Most Need of Legal and Medical Support & to Improve Outcomes – Research Evidence, a Seminar for City, University of London (Law School) 13 September, 2016, London (Presentation Slides)

Author(s): Elizabeth Curran

This presentation will examine the emergence of Health Justice Partnerships (HJP) in Australia and will discuss some of the ethical dilemmas and resolutions of these dilemmas that have emerged during Dr. Curran's action research evaluations. A Health Justice Partnerships (HJP) sees a partnership between a legal assistance (or legal aid) service and health services (including allied health services). Empirical research sees unresolved legal problems lead to poor health outcomes. In Australia and the UK those most likely to have multiple legal problems are the poor and disadvantaged and figures say only 13% - 16 % get help. In HJP the focus is on problem solving for client/patients with often complex and multiple problems and solving these in a holistic way through integrating legal and non-legal services to enable client access and seamless assistance. This presentation will also discuss the ethical issues and how these have been resolved due to the holistic client focus of all the professionals in the HJP examined.

Read on SSRN

Centre: CIPL

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

Health Justice Partnership - Multi-Disciplinary Practices: Research Evidencing Working Ethically to Ensure Reach to Those in Most Need & Improve Outcomes (Presentation Slides)

Author(s): Elizabeth Curran

This paper examines the emergence of Health Justice Partnerships (HJP) in Australia and will discuss some of the ethical dilemmas and resolutions of these dilemma that have emerged during Curran's action research evaluations. These have been embedded in services from start-up undertaken by Curran. The evaluation research not only measures service effectiveness but also examines and measures positive outcomes and any progress in the social determinants of health as a result of the intervention. As the research empirical data has been analysed, what emerges is the elements leading to effectiveness for lawyers working in integrated models and ways to work ethically across different disciplines to achieve better outcomes including for their social determinants of health. This paper is to firm the basis of a refereed journal article to be submitted shortly end 2016.

Read on SSRN

Centre: CIPL

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

Draft Working Paper for a Research and Evaluation Report for the Bendigo Health–Justice Partnership: A Partnership between ARC Justice Ltd and Bendigo Community Health Services

Author(s): Elizabeth Curran

This report documents the reasons for health justice partnerships, the literature, the methodology, the field research which used a participatory action research approach with a continuous learning and development framework. This Draft Working Paper sets out the summary of qualitative and quantitative data, the findings, conclusions lessons and recommendation emerging from this longitudinal study on the Bendigo Health Justice Partnership, in advance of the Full Final Research and Evaluation Report which will be released in 2017.

ARC Justice (specifically one of its programs, the Loddon Campaspe Community Legal Centre (LCCLC)) and the Bendigo Community Health Service formed a partnership in 2013 to commence a Health Justice Partnership (HJP) in January 2014 to better reach those clients experiencing disadvantage.

ANU (through the author Dr Liz Curran) was commissioned to conduct empirical research and an evaluation of the pilot project's impact on the social determinants of health, its outcomes and the effectiveness of Health Justice Partnerships in reaching clients who would otherwise not gain legal help with a range of problems capable of a legal solution.

This Draft Working Paper is released, in advance of the Full Final Report, so that agencies, researchers and funders and policy makers developing or working in Health Justice Partnerships or multi-disciplinary practices can benefit and be informed by the research and evaluation given the wide range of issues emerging from the research canvasses while the Full Final Report is finalised.

The Full Final Research & Evaluation Report will be released in 2017 but, in the interim, people using SSRN can utilise the research for their work. This responds to the numerous requests to share the research at the earliest opportunity so as to inform service delivery and funding applications which may occur before the release of the Final Report.

Read on SSRN

Centre: CIPL

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

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