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.

Being Well in the Law

Being Well in the Law

Author(s): Tony Foley, Vivien Holmes, Stephen Tang, Colin James, Ian Hickey

When it comes to wellbeing, NSW Young Lawyers, the Australian National University and the Law Society of New South Wales are keen to lead. Being Well in the Law is a toolkit for lawyers. It draws on expert and multidisciplinary knowledge about the breadth of mental health problems and offers ideas to help everybody, young and old, deal with depression, anxiety and stress and learn to better manage the business and pressures of work and life. We all share a responsibility to continue the conversation about mental health. In the legal profession this is especially important as lawyers have a heightened pre disposition to depression and mental illness. 

This small but important book, with its varied suggestions and personal stories from people who have been touched by mental illness, is a solid first step towards a happier and healthier world.

View the guide online, order a free copy online, or pick up a free copy in person

Centre:

Research theme: Law and Psychology, Legal Education, The Legal Profession

Did Defensive Homicide in Victoria Provide a Safety Net for Battered Women Who Kill? A Case Study Analysis

Author(s): Anthony Hopkins

This article seeks to draw conclusions about the potential impact of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014 (Vic). We do so by considering whether defensive homicide served as a safety net in the 2014 case of Director of Public Prosecutions (Vic) v Williams. The article presents a detailed analysis of the trial transcript and sentencing remarks to support the contention that the defence did in fact achieve this purpose. The conclusion rests, principally, upon understanding the jury finding that Williams killed in the belief that her actions were necessary for her own protection, but apparently determined that she had no reasonable grounds for that belief (thereby failing the legal test of self-defence as it then stood). Having looked at how the 2014 legislation also amended relevant evidence laws, and reinforced jury directions to accommodate considerations of family violence, we then consider the implications of these reforms for battered women who kill. We suggest that, in the absence of the offence of defensive homicide, women like Williams may in the future be convicted of murder, even when they kill in response to family violence and with a genuine belief that their actions are necessary in self-defence.

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

Law Student Wellbeing: A Neoliberal Conundrum

Author(s): Margaret Thornton

The discourse around student wellness is a marked feature of the 21st century Australian legal academy. It has resulted in various initiatives on the part of law schools, including the development of a national forum. The phenomenon relates to psychological distress experienced by students ascertained through surveys they themselves have completed. Proposed remedies tend to focus on improving the law school pedagogical experience. This article argues that the neoliberalisation of higher education is invariably overlooked in the literature as a primary cause of stress, even though it is responsible for the high fees, large classes and an increasingly competitive job market. The ratcheting up of fees places pressure on students to vie with one another for highly remunerated employment in the corporate world. In this way, law graduates productively serve the new knowledge economy and the individualisation of their psychological distress effectively deflects attention away from the neoliberal agenda.

Read on SSRN

Centre: CIPL, CLAH

Research theme: Human Rights Law and Policy, Law and Gender, Legal Education, The Legal Profession

Squeezing the Life Out of Lawyers: Legal Practice in the Market Embrace

Author(s): Margaret Thornton

Neoliberalism is the dominant ideology of our time and shows no sign of abating. The undue deference accorded the economy and capital accumulation means that comparatively little attention is paid to the pressures this involves for workers. Although conventionally viewed as privileged professionals, lawyers in corporate law firms have been profoundly affected by the neoliberal turn as firms have expanded from local to national, to global entities, with the aim of maximising profits and making themselves competitive on the world stage. Although corporate clients may be located in a different hemisphere they still expect 24/7 availability of lawyers in contrast to what they normally expect of other professionals, such as accountants. A corollary of global competition is the ratcheting up of billable hours, which has engendered stress and depression. The pressure for firms to be more productive has resulted in increased levels of incivility, including bullying. Despite a plethora of reports attesting to the deleterious effects of stress, scant attention is paid to the neoliberalisation of legal practice. This article argues that the tendency to individualise and pathologise the adverse effects of stress and uncivil behaviours deflects attention away from the political factors that animate them.

Read on SSRN

Centre: CIPL, CLAH

Research theme: Human Rights Law and Policy, Law and Gender, Legal Education, The Legal Profession

Health Justice Partnership Research ANU Research in Progress Seminar (Presentation Slides)

Author(s): Elizabeth Curran

Research by the Legal Services Research Centre (UK) and the Australian LAW Survey demonstrates that unresolved legal problems are likely to have deleterious impact on stress and health outcomes. Individuals only consult lawyers for about 16% of their legal problems and a key access point for disadvantaged individuals is the health profession. Research shows legal problems have a detrimental impact on the health and well being of individuals.

The Health Justice Partnerships (HJP) see lawyers working alongside health 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. The author is evaluating and assisting in some start –ups of HJPs across Australia and in Canada. She will discuss her work so far but the paper focuses on the project that is the most advanced in Bendigo.

The Bendigo Health Justice Partnership (HJP) project is a partnership between ARC Justice’s Program and Bendigo Community Health Service. The HJP project aims to address the social determinants of health capable of legal redress. The partnership is based on the understanding that many vulnerable and disadvantaged people do not consult lawyers for problems instead they see their trusted health worker.

An embedded evaluation is being undertaken by Dr Liz Curran of ANU examining not only the effectiveness of the service but also measuring the social determinants of health. Dr Curran has a practical background in the community health sector. Critically, this evaluation includes the clients and service providers and their experience in its process.

With ethics approval the evaluation is gathering qualitative as well as quantitative data in a context where there is little money for evaluation and services are keen to evaluate. This paper will discuss the evaluative process, present findings and some lessons emerging so far, in this three year longitudinal study. The study uses a participatory action research approach within a model of continuous reflection, development and improvement so as to inform policy and funding building and empirical evidence base to good practice to reach people who would otherwise not gain legal help.It measures the impacts on social determinants of health, an area largely un-chartered and so this methodology hopes to add to the polity around how social determinants of health might be measured and what they look like in reality for people affected.

The Final Report is due to be finalised at the end of 2016.

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

Health Justice Partnership Research ANU Research in Progress Seminar (Presentation Slides)

Author(s): Elizabeth Curran

Research by the Legal Services Research Centre (UK) and the Australian LAW Survey demonstrates that unresolved legal problems are likely to have deleterious impact on stress and health outcomes. Individuals only consult lawyers for about 16% of their legal problems and a key access point for disadvantaged individuals is the health profession. Research shows legal problems have a detrimental impact on the health and well being of individuals.

The Health Justice Partnerships (HJP) see lawyers working alongside health 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. The author is evaluating and assisting in some start –ups of HJPs across Australia and in Canada. She will discuss her work so far but the paper focuses on the project that is the most advanced in Bendigo.

The Bendigo Health Justice Partnership (HJP) project is a partnership between ARC Justice’s Program and Bendigo Community Health Service. The HJP project aims to address the social determinants of health capable of legal redress. The partnership is based on the understanding that many vulnerable and disadvantaged people do not consult lawyers for problems instead they see their trusted health worker.

An embedded evaluation is being undertaken by Dr Liz Curran of ANU examining not only the effectiveness of the service but also measuring the social determinants of health. Dr Curran has a practical background in the community health sector. Critically, this evaluation includes the clients and service providers and their experience in its process.

With ethics approval the evaluation is gathering qualitative as well as quantitative data in a context where there is little money for evaluation and services are keen to evaluate. This paper will discuss the evaluative process, present findings and some lessons emerging so far, in this three year longitudinal study. The study uses a participatory action research approach within a model of continuous reflection, development and improvement so as to inform policy and funding building and empirical evidence base to good practice to reach people who would otherwise not gain legal help.It measures the impacts on social determinants of health, an area largely un-chartered and so this methodology hopes to add to the polity around how social determinants of health might be measured and what they look like in reality for people affected.

The Final Report is due to be finalised at the end of 2016.

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

Medical-Legal Partnership: Prevention, Access to Justice and the Next Generation of Legal and Healthcare Professionals.

Author(s): Elizabeth Curran

Inequality of access to legal services is a significant problem in Australia.

In a panel discussion Dr. Curran of the Australian National Research gave a short paper responding to the key note address by Liz Tobin Tyler, Adjunct Professor, the Roger Williams University School of Law in Rhode Island and Assistant Professor of Family Medicine at the Alpert Medical School of Brown University and of Health Services, Policy and Practice at the Brown University School of Public Health on the topic ‘Medical-legal partnership: Prevention, access to justice and the next generation of legal and healthcare professionals.’

In the response Dr. Curran noted similarities and difference between the USA and Australia and reports on her participatory action research that ANU has been commissioned to undertake in a range of Health Justice Partnerships (HJP) including the embedded research evaluation of ACR Justice Bendigo pilot of an HJP which commenced in January 2015. The Executive Officer of ARC Justice, Peter Noble has also asked Dr. Curran to measure impacts of the HJP on the social determinants of health which she is grappling with given international recognition of the challenge. Dr. Curran has come up with some tools informed by affected community, service providers and international research in an action research collaborative approach within a continuous learning, reflection and development model and is using these to measure in concrete terms the social determinants of health outcomes from the HJP.

Dr. Curran discussed a number of Australian HJP evaluations in terms of quality, impact, outcomes and the social determinants of health. She discusses tools and some preliminary findings in the various research projects which are ongoing.

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

Preliminary Findings on the Value of Secondary Consultations in Reaching Hard to Reach Clients and in Building Professional Capacity

Author(s): Elizabeth Curran

For ten years in a CLC setting Curran routinely conducted secondary consultations for non-legal professional staff. Since 2011, Dr Curran has undertaken research evaluations of services that now form what are now collectively described in Australia as ‘Health Justice Partnerships’. Dr Curran will outline preliminary findings in the under-researched area of the impact of secondary consultations. Evidence is emerging from evaluation research on a range of Health Justice Partnerships (where a lawyer works in a multidisciplinary health and allied health setting) including a family violence program, a project examining urban mortgage stress/well being, a program where a lawyer is based within a health service in a regional setting and in relation to a specialist Community Legal Centre (the Consumer Action Law Centre) non legal worker advice line which integrate legal and non-legal services. This paper highlights the impact secondary consultation has and is having in terms of reaching hard to reach clients and building capacity of non-legal professionals in a climate of limited resources.

Read on SSRN

Centre: CCL

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

Conference Paper- ‘Access to Justice – Making it Come Alive and a Reality for Students and Enabling Engaged Future Practitioners’

Author(s): Elizabeth Curran

The presentation commenced with a 20 minute discussion and illustration by Dr. Liz Curran who has worked for many years as a clinical legal education supervising solicitor in an academic role and now works in Professional Legal Training role in the ANU Legal Workshop. She has been an active researcher on access to justice and human rights for over a decade with numerous research projects, articles and as a commentator.

In 2008 Dr Curran wrote in the Alternative Law Journal that ‘from this vantage point, being an academic and a practitioner, a constructive inter-play occurs where theory can inform practice and vice versa.’ It is this inter-play which can make a valuable contribution to policy debates, student learning and development and their sense of being involved in upholding justice and the rule of law. From such a vantage point, universities in their teaching and research and policy makers can tap into evidence based information on the experience of the day-to-day dilemmas facing the members of the community for whom survival, emotional and physical well-being can be precarious.

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

Partnerships in Healthcare Delivery: Health Justice Partnerships (Presentation Slides)

Author(s): Elizabeth Curran

Dr. Curran’s Conference Paper discusses how Health Justice Partnerships (HJPs) are reaching people who would otherwise not get help with their legal problems by community lawyers working in a multi-disciplinary setting. The paper shares her preliminary empirical research findings, case studies and some lessons.

The Bendigo HJP project is a partnership between ARC Justice’s Program and Bendigo Community Health Service. The HJP project aims to address the social determinants of health capable of legal redress. The partnership is based on the empirical data which reveals that many vulnerable and disadvantaged people do not consult lawyers for problems instead they see their trusted health worker.

An embedded evaluation is being undertaken by Dr. Liz Curran of ANU examining not only the effectiveness of the service but also measuring the social determinants of health. Dr. Curran has a practical background in the community health sector. She is also involved in other HJP evaluations and service start-ups in Australia and Canada. Critically, this evaluation includes the clients and service providers and their experience in its process. This is ethical and ensures the measurements are not remote from the reality of the lives of people the HJP is assisting.

The evaluation is gathering qualitative as well as quantitative data so is not a process evaluation. In Australia there is little money for evaluation and services are keen to evaluate. The paper discusses the empirical research which reveals the HJP is reaching community members who are otherwise excluded. Findings include the value of legal secondary consultations in building confidence and capacity of non-legal professionals to assist clients through legal information being readily accessible through consultations with a lawyer.

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

telling_a_history_of_australian_women_judges.jpg

Telling a History of Australian Women Judges Through Courts' Ceremonial Archives

Author(s): Heather Roberts

Swearing-in ceremonies are held to mark the investiture of a new judge on the bench. Transcribed and stored within courts’ public records, these proceedings form a rich ‘ceremonial archive’. This paper showcases the value of this archive for the (re)telling of Australian legal history and, particularly, a history of Australian women lawyers. Using a case study drawn from the swearing-in ceremonies of women judges of the High Court, Federal Court, and Family Courts of Australia between 1993 and 2013, the paper explores what this archive reveals about the Australian legal community’s attitudes towards women in the law. It argues that despite the regional and jurisdictional differences between these courts, recurring themes emerge. Notably, while feminising discourse dominates the earlier ceremonies, stories of the judges’ personal and judicial identity come to display a more overt feminist consciousness by the end of the Labor Governments in power in Australia between 2007 and 2013.

Read on SSRN

Centre: CIPL

Research theme: Constitutional Law and Theory, Law and Gender, Law, Governance and Development, Legal History and Ethnology, Private Law, The Legal Profession

Gender Quotas on Boards -- Is it Time for Australia to Lean in?

Author(s): Peta Spender

This article examines whether Australia should introduce a gender quota on ASX 200 boards. Although existing institutional arrangements favour voluntary initiatives, Australia may be at a critical juncture where two factors — the public, pragmatic nature of the statutory regulation of corporations in Australia and the current salience of gender as a political issue — may favour the introduction of a quota. In particular, Australian policy-makers may be amenable to change by observing initiatives from other jurisdictions. It is argued that we should maintain a healthy scepticism about functionalist arguments such as the business case for women on boards. Rather, we should invoke enduring justifications such as equality, parity and democratic legitimacy to support a quota. The optimal design of an Australian gender board quota will be also be explored.

Read on SSRN

Centre: CCL

Research theme: Law and Gender, Law and Social Justice, Private Law, Regulatory Law and Policy, The Legal Profession

‘Working Collaboratively, Holistically and Strategically in and with Community – The Power of Community Development in Legal Education’ (Presentation Slides)

Author(s): Elizabeth Curran

“You never really understand a person until you consider things from his point of view…Until you climb inside of his skin and walk around in it” Atticus Finch, To Kill a Mockingbird, Harper Lee.

I have been asked to answer the following questions today: 1. What is Community Development 2. What it means in terms of approach 3. To provide examples of when I have used it in my work 4. To distill any examples of how it is done 5. To discuss how to evaluate its impact and worth and 6. To examine why it might be a core service of CLCs. 7. Dome key challenges in terms of funding and funders.

Now in Australia we have the empirical data that had been lacking to support anecdotally what had been observed by some service providers over many years. These empirical studies not only demonstrated that similar issues arise in Australia for people who are the recipients of legal assistance services (largely people on social support or with incomes of under $26,000K) but that inroads could be made by joined- up services both legal and non-legal, holistic approaches, community legal education that reaches out and is targeted and responsive to community needs and behaviour. The studies confirmed that the direction of many legal assistance services to work collaboratively, holistically and strategically to assist people, to educate them and to work towards law reform to ensure that recurring problems are all critical if access to the legal system and equality before the law are to be attained.

CLCs have a vital role as community agencies along with others to enable community members to have and find a voice.

“If funders and the community want the legal assistance sector to make a difference in solving people’s problems and advancing and protecting community rights then they must recognize the need to approach problems strategically and use various approaches to obtain results. To achieve this, organizations must be given a level of autonomy that frees them up to use their skills, experience and knowledge of the system as well as the client's actual circumstances to decide the best strategy.”

Read on SSRN

Centre:

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

Building Capacity to Cope with Ethical Dilemmas in Legal Practice Through Teaching ‘Giving Voice to Values’ Techniques (Presentation Slides)

Author(s): Elizabeth Curran

This panel presentation will be a basic introduction for a more detailed session on Saturday with Viv Holmes, Anneka Ferguson (in absencia) which will discuss the theory, practice, research and student responses that informs our courses.

In the context of Recommendations 6 and 7 Critical issues and challenges are presented. How can teachers challenge students to explore ethical dilemmas emerging in all area of practice be they commercial, property, consumer and civil law? How can we as teachers not just teach students to identify ethical issues but also assist them in building the tools necessary to actively and appropriately deal with such dilemmas?

In the ANU Legal Workshop (delivered in a blended mode with face to face and on-line teaching) the professional legal training course for graduates to become admitted to legal practice, we use Mary Gentile’s ‘Giving Voice to Values’ (GVV) approach. This will be briefly explained.

I have taught ethics in an undergraduate context and am now teaching at graduate levels and see more opportunities using the GVV approach. In Legal Workshop’s Ethics subject and in a subject, ‘Professional Development’ (PM) that supports key practice areas, we use GVV to engage students at a deeper level so they learn about themselves and their working environment. The key GVV approach is to equip students with not only the ability to identify an ethical problems but also strategies to enable them to act on their ethical duties.

Our aim is to build the students’ resilience, build their capacity to act ethically and speak up appropriately and wisely.

During my section of the panel presentation, I will ask the audience to participate by doing the first exercise students undertake- a Professional Development Journal Entry. This activity is based on GVV’s ‘Tale of Two Stories’ and requires students to recall and then reflect on a time in their lives when they have, and have not, ‘spoken’ their values. The activity is a useful lead-in to tackling ethical issues in legal workplace scenarios as the course progresses (tomorrow’s session). This activity starts the reflective practice conversation and flags issues that emerging lawyers face in responding ethically. In student debriefs some of our students (many of whom work in legal practice as para-legals, judges associates, waitressing, marketing and fact food outlets etc.) indicate they already often encounter unethical practice and that examining the reasons why they speak or do not speak out is useful for the later exercises. The discussion also has scope for teachers to share their experiences, values and ethical dilemmas and how they did or not deal with them. In the follow-up session on Saturday we will explore how the GVV approach enables students to develop and practise skill for acting ethically. It is suggested a similar activity could be used in undergraduate level to start reflective practice and the values and ethics discussion with students earlier.

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

'CLCs Having an Impact on Lives - Strategic Approaches to Problem Solving’ (Presentation Slides)

Author(s): Elizabeth Curran

Theme - Advancing (by discovering and creating, developing innovative ideas and strategies, including and incorporating the learning and perspectives of others):

Strategic thinking can and has enabled the benefits of early intervention and prevention of legal problems and their escalation. This goes beyond one-to-one case work and can address problem at their core. This paper will explore easy, useable, relevant and replicable results of research evaluations undertaken by Curran of what is effective legal service action that has prevented the public from having to go through the same problem and thus enhancing service impact. Reflective practice is a key way to inform strategic action and continuous learning and how this can be done will also be explored.

This paper examines case studies from CLCs, good practice, responsiveness, strategic thinking and processes that foster having significant impact. It will share how to, up to date action research, facilitate sharing of experiences through the session’s interactive approach.

The session will take an adult learning approach to delivery meaning it will involve centres in discussion about their experiences rather than being in a traditional or lecture mode of delivery. People in the room have expertise and skills that can be shared by all in participants in the session.

Read on SSRN

Centre:

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 Mirage of Merit

The Mirage of Merit: Reconstituting the 'Ideal Academic'

Author(s): Margaret Thornton

This paper takes a hard look at merit and the ideal academic, twin concepts that have been accorded short shrift by the scholarly literature. For the most authoritative positions, the ideal displays all the hallmarks of Benchmark Man. Despite the ostensible 'feminisation' of the academy, the liberal myth that merit is stable, objective and calculable lingers on. As a counterpoint to the feminisation thesis, it is argued that a remasculinisation of the academy is occurring as a result of the transformation of higher education wrought by the new knowledge economy. In response, the ideal academic has become a 'technopreneur' – a scientific researcher with business acumen who produces academic capitalism. This new ideal academic evinces a distinctly masculinist hue in contrast to the less-than-ideal academic – the humanities or social science teacher with large classes, who is more likely to be both casualised and feminised.

Read on SSRN

Centre: CIPL, CLAH

Research theme: Human Rights Law and Policy, Law and Gender, Legal Education, The Legal Profession

The Practice of Law

The Practice of Law and the Intolerance of Certainty

Author(s): Stephen Tang, Tony Foley

This paper seeks to challenge a lingering view that law is and should be intolerant of uncertainty and must strive for certainty. Although inconsistent with the embedded uncertainty and ambiguity of law as a system, there is still an implicitly accepted view that the practice of law, and the role of lawyers, is to make determinate the indeterminate, to use legal rules to remove the uncertainty from human existence. This paper provides a preliminary sketch of an alternative and humanising epistemology of law in practice, one that embraces and makes adaptive use of uncertainty at the level of psychological experience, rather than just at a conceptual or institutional level. It focuses its attention on the preparation for practice of new lawyers and their lived experience of uncertainty as one of the defining aspects of their transition from law student. In the process, the paper challenges the conventional perceptions that thinking like a lawyer involves an additive set of skills sitting above and beyond those of ordinary thinking. Learning to think like a lawyer is more often subtractive, leaving out the messy world and in the process leaving out the messiness of uncertainty. As an alternative, the paper examines what many good lawyers have taught themselves: the importance of embracing uncertainty, complexity and acquiring a healthy intolerance of certainty. It suggests these skills and habits would be better taught and learned in advance of practice.

Read on SSRN

Centre:

Research theme: Criminal Law, Health, Law and Bioethics, Indigenous Peoples and the Law, Law and Psychology, Legal Education, Regulatory Law and Policy, The Legal Profession

Developing Restorative Justice Jurisprudence: Rethinking Reponses to Criminal Wrongdoing

Developing Restorative Justice Jurisprudence Rethinking Responses to Criminal Wrongdoing

Author(s): Tony Foley

What are the requirements for a just response to criminal wrongdoing? Drawing on comparative and empirical analysis of existing models of global practice, this book offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Putting restoration squarely alongside other aims of justice responses, the author argues that only when restorative questions are taken into account can institutional responses be truly said to be just. Using the three primary jurisdictions of Australia, New Zealand and Canada, the book presents the leading examples of restorative justice practices incorporated in mainstream criminal justice systems from around the world. The work provides a fresh insight into how today’s criminal law might develop in order to bring restoration directly into the mix for tomorrow.

Order your copy online

Centre:

Research theme: Criminal Law, The Legal Profession

Empowering and Capacity Building Health Professionals for Better Human Rights Outcomes (Presentation Slides)

Author(s): Elizabeth Curran

In her panel paper Dr Curran of AN discusses how health professionals can utilise the Victorian Charter of Human Rights and Responsibilities:

1) To understand human rights and how they are protected in the Charter.

2) Identify relevant human rights in real life scenarios.

3) Understand how the Charter can be used as an advocacy tool for the empowerment of patients and the achievement of social justice.

4) To develop ideas for negotiating better outcomes in local communities.

She gives examples of the use of the Charter by medical health professionals to gain better human rights outcomes for their patients from public authorities. One example was of a maternal and child health nurse who used the Charter when a hospital refused to provide urgent medical treatment to an asylum seeker because she could not pay. The feedback from the maternal and child care nurse was that the Charter ‘works’.

Symposium Goals:

This forum explores the strengths and limitations of human rights and respectful care frameworks in advancing maternity reform in Australia. It seeks to bring together the policy, legal and women’s health communities along with professional providers and birth consumer groups to discuss strategies for improving the quality of care for birthing women and those supporting them.

This dialogue was to build on several recent initiatives, including:

• the European Human Rights conference held in The Hague in June 2012,

• the Childbirth and the Law conference in Sydney in October 2012,

• the international White Ribbon Alliance initiative, Respectful Maternity Care.

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

Solving Problems

Solving Problems – A Strategic Approach: Examples, Processes & Strategies

Author(s): Elizabeth Curran

The report has been commissioned by Consumer Action Law Centre and the Footscray Community Legal Centre and launched at a National Conference and the Ruby Hutchison Lecture on Thursday 14 March 2013. The ACCC and CHOICE jointly host the Ruby Hutchison Memorial Lecture each year. Ruby Hutchison was the founder of the Australian Consumers' Association which is now known as CHOICE.

Dr Curran's report which was written with the assistance of the staff of Consumer Action Law Centre and the Footscray Community Legal Centre illustrates the importance of going beyond an individual approach to casework to benefit individuals, groups and the broader community. It argues that a strategic approach to problem solving can better ensure that a service is effective, efficient and targeted, with a broader and long lasting impact or as government says - a “successful outcome”. It also proposes that community legal centres should be given more support to encourage and foster an environment where strategic thought and planning about service mix approaches are used to make the service more outcome-focused. This would lead to service being more effective and mindful of what interventions are needed to achieve the best outcomes rather than merely providing case work, information and referral in isolation from a broader strategy that improves clients’ lives.

Read on SSRN

Centre:

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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Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team