CONFERENCE

Federal Crime and Sentencing

11 – 12 February 2012 Canberra, Australia

Hosted by the National Judicial College of Australia and ANU College of Law

Contents

General Information 1 Program Outline 2 Biographical Details 4 Saturday Session 1 4 Session 2 4 Session 3 5 The Commonwealth Sentencing Database - Demonstration 6 Session 4 6 Session 5 7 Dinner Speaker 8 Sunday Session 6 8 Session 7 9 Session 8 9 List of Participants 11

CONFERENCE ORGANISING COMMITTEE Ms Christine Debono, Manager, COAST, ANU College of Law Ms Miriam Gani, ANU College of Law Mr John McGinness, Director, National Judicial College of Australia Ms Wendy Kukulies-Smith, ANU College of Law Justice Debra Mullins, Supreme Court of Queensland Judge Helen Murrell District Court of Queensland Dr Mark Nolan, ANU College of Law Ms Anne O’Connell, National Judicial College of Australia Justice Richard Refshauge, Supreme Court of ACT Mr Hugh Selby, Legal Workshop, ANU College of Law Dr Gregor Urbas, ANU College of Law

Supported by: Staff, National Judicial College of Australia College Outreach & Administrative Support Team, ANU College of Law

General information

Conference Venue Hedley Bull Theatre 1 Hedley Bull Centre The Australian National University Canberra ACT AUSTRALIA

Dinner Venue The Hall, University House Cnr Balmain Cr & Liversidge St The Australian National University Acton ACT T: 6125 5211

Dinner Dress Requirements Neat casual

Conference Contacts Anne O’Connell National Judicial College of Australia The Australian National University PO Box 8102 ACT 2601 Australia T: (02) 6125 6653 M: 0412 825 653 E: [email protected]

Wendy Mohring Acting Manager, COAST ANU College of Law The Australian National University ACT 0200 Australia T: (02) 6125 0454 M: 0402 397 845 E: [email protected]

Conference Papers The Conference papers will be made available on the NJCA website: http://njca.anu.edu.au/Conferences/Public%20Conference %20papers.htm

Taxi Canberra Cabs T: 13 2227

The Bar Association of Queensland has accredited the conference for Continuing Professional Development purposes.

Accreditation code: ACU120211 1 CPD point per hour of attendance Non allocated Strand

1 Program

Saturday | 11 February 2012

8.30am REGISTRATION

9.15am WELCOME Chief Justice WAYNE MARTIN, Chair of the Council of the National Judicial College of Australia & Professor MICHAEL COPER, Dean, ANU College of Law

9.30am SESSION 1: KEYNOTE SPEECH Federal sentencing Justice MARK WEINBERG, Court of Appeal, Supreme Court of Victoria

10.15am Morning Tea in foyer

10.45am SESSION 2: CYBERCRIME Mr NEIL GAUGHAN APM, National Manager, High Tech Crime Operations, Australian Federal Police Professor JONATHAN CLOUGH, Associate Professor TONY KRONE, University of Canberra

12.30pm Lunch in foyer

1.15pm SESSION 3 CONSISTENCY IN SENTENCING IN FEDERAL MATTERS Mr IAN LEADER-ELLIOTT, University of Adelaide Justice PETER JOHNSON, Supreme Court of NSW

2.15pm THE COMMONWEALTH SENTENCING DATABASE - DEMONSTRATION Judge HELEN MURRELL, District Court of NSW & Ms PIERRETTE MIZZI, Manager, Research and Sentencing, Judicial Commission of NSW

2.30pm SESSION 4: SENTENCING AND THE CONSTITUTIONS Sentencing and the Constitutions: Neither the letter nor the spirit Paper by Prof Arie Freiberg, Monash University & Ms Sarah Murray, University of WA Presented by Professor ARIE FREIBERG

3.15pm Afternoon tea in foyer

2 Program

3.45–5.00pm SESSION 5: SENTENCING ISSUES IN PEOPLE SMUGGLING CASES

Ms WENDY ABRAHAM QC, Barrister NSW Chief Justice WAYNE MARTIN, Supreme Court of Western Australia Professor MIRKO BAGARIC, Deakin University

7 for 7.30pm CONFERENCE DINNER at The Hall, University House, ANU (Dress: neat casual) Caring for Art in the 21st Century Guest speaker: Ms DEBBIE WARD, Head of Conservation, National Gallery of Australia Dinner Host: Professor MICHAEL COPER, Dean, ANU College of Law

Sunday | 12 February 2012

9.30am SESSION 6: THE CRIMINAL CODE: 10 YEARS ON Ms JAALA HINCHCLIFFE, Legal Practice Management and Policy Branch, Office of the Commonwealth Director of Public Prosecutions

10.15am Morning Tea in foyer

10.45am SESSION 7: RESEARCH FINDINGS: SENTENCING MONEY LAUNDERERS Dr LORANA BARTELS, University of Canberra Paper based on AIC research with Penny Jorna & Andy Chan

11.15am SESSION 8: ISSUES ARISING IN SENTENCING FOR TERRORISM OFFENCES

Justice ANTHONY WHEALY, Supreme Court NSW Ms SARAH MCNAUGHTON SC, Barrister NSW Mr RICHARD BUTTON SC, Deputy Senior Public Defender NSW

12.45pm Conference Close & Lunch

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SESSION 1: KEYNOTE SPEECH

Federal sentencing Justice Mark Weinberg, Court of Appeal, Victoria

Justice Weinberg was appointed to the Federal Court of Australia in July 1998. He was formerly Dean of the Faculty of Law at the University of . He was called to the Victorian Bar in 1975 and appointed Queen’s Counsel in 1986. He was Commonwealth Director of Public Prosecutions from 1988 until 1991. He currently holds the following appointments: Non-resident Judge, Supreme Court of Fiji (since 2003), Judge, Supreme Court of the Australian Capital Territory (since 2003) and Chief Justice, Supreme Court of Norfolk Island (since 2005).

SESSION 2: CYBERCRIME

Assistant Commisioner Neil Gaughan APM, National Manager, High Tech Crime Operations Professor Jonathan Clough, Monash University Associate Professor Tony Krone, University of Canberra

Assistant Commissioner Neil Gaughan joined the Australian Federal Police (AFP) in 1984, working in a variety of general policing and investigative roles in the ACT Region before transferring to the National Internal Investigation area in 1998. In late 1999 Assistant Commissioner Gaughan left the AFP and joined the Australian Taxation Office working in the investigations, fraud control planning and risk management fields. He returned to the AFP in 2004 and commenced work in the Protection portfolio being promoted into the role of Manager Close Protection, in November 2005. Assistant Commissioner Gaughan had responsibility for the AFP’s close protection activities including for APEC 2007 and World Youth Day 2008as well as the National Witness Protection Program. In August 2008 Assistant Commissioner Gaughan became of Manager High Tech and Child Protection Operations with overall responsibility for all cyber investigations currently undertaken in the AFP, with a particular focus on critical infrastructure protection and child exploitation investigations. He became National Manager, High Tech Crime Operations (HTCO) in December 2009. HTCO provides the AFP with an enhanced capability to investigate, disrupt and prosecute offenders committing serious and complex technology crimes. It also provides technical and surveillance capabilities in a close support role for all AFP Operations. In December 2009, the AFP became the Chair of the Virtual Global Taskforce (VGT), an international alliance of law enforcement agencies dedicated to combating child sexual abuse. Since its inception in 2003, the VGT has significantly changed the way in which countries work together to protect children. Assistant Commissioner Gaughan, as the National Manager HTCO is the current Chair of the VGT. Assistant Commissioner Gaughan has tertiary qualifications in public administration, public policy and risk management.

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Dr Jonathan Clough is an Associate Professor and Associate Dean (Education) in the Law Faculty at Monash University. Dr Clough teaches and researches in the areas of criminal law and evidence, with a particular focus on juries and cybercrime. He has co-authored a number of interdisciplinary articles and reports on juries, and is a Chief Investigator on an ARC funded project with the Victorian Department of Justice into improving judicial communication with jurors. Dr Clough teaches the unit ‘Cybercrime’ in the Monash LLM program and in addition to a number of articles on the subject is the author of Principles of Cybercrime (Cambridge University Press, 2010).

Dr Tony Krone is Associate Professor of Law at the University of Canberra where he convenes the Justice Studies Program and undertakes research work with the Centre for Internet Safety. Tony has worked in areas of legal practice, policy and academia. Between 2003-2006 Tony was the high tech crime research specialist for the Australian Institute of Criminology and Australian High Tech Crime Centre in Canberra researching many aspects of high tech crime including online crimes involving the sexual exploitation of children. Tony served as the Principal Legal Policy Advisor for the Ministry of Police, National Security, Justice and Legal Affairs in Solomon Islands from 2006-2008. In his career as a legal practitioner Tony was Principal Solicitor of the Western Aboriginal Legal Service Ltd and later Lawyer Manager of the Dubbo office of the NSW Director of Public Prosecutions. His Ph.D. (University of NSW, 2003) examined police prosecution discretion in summary cases. He was admitted to practice in New South Wales in 1985 and was called to the bar in the Northern Territory in 1986.

SESSION 3: CONSISTENCY IN SENTENCING IN FEDERAL MATTERS

The challenge of sentencing for offences under both state and federal law: eg, drug offences, pornography offences, cybercrime and white collar crime The Commonwealth Criminal Code in Code-free jurisdictions Mr Ian Leader-Elliott, University of Adelaide Justice Peter Johnson, Supreme Court of NSW

Mr Ian Leader-Elliott taught criminal law for many years at the University of Adelaide Law School before retiring in 2009. He is an Emeritus Fellow of the University of Adelaide and an adjunct professor of las at the University of South Australia School of Law. Ian was a Commonwealth consultant to the Model Criminal Code Officers Committee from 1995-2005 where he was particularly involved in the preparation of Chapter 6 of the Model Criminal Code, which deals with drug trafficking and othe rseious drug offences

Justice Peter Johnson has been a Judge of the Supreme Court of New South Wales since February 2005 and sits in the Common Law Division of the Court. He was admitted as a solicitor in 1976 and as a barrister in 1982, taking silk in 1997. He served as an Acting Judge of the District Court of New South Wales in 1998–99 and as an Assistant Commissioner of the Independent Commission Against Corruption in 2003–04. Since the mid-1980s, he has been joint author with the Hon RN Howie QC of Criminal Practice and Procedure (NSW). He has been appointed as a part-time Commissioner of the New South Wales Law Reform Commission for 2012 for the purposes of the Commission’s sentencing reference.

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THE COMMONWEALTH SENTENCING DATABASE - DEMONSTRATION

Judge Helen Murrell, District Court of NSW & Ms Pierrette Mizzi, Judicial Commission of NSW

Judge Helen Murrell is a judge of the District Court of New South Wales. She was appointed to the Court in 1996. From 1977 to 1981 she was a solicitor working for the federal Government and for the New South Wales Legal Aid Commission. In 1981 Judge Murrell went to the NSW Bar where she had a general practice which included crime, environmental law, common law and equity. She was appointed Senior Counsel in 1995 Her Honour was appointed to the NSW District Court in 1996 and became the Senior Judge of the Drug Court of New South Wales in 1998 where she served until 1993. In 1999 Judge Murrell was a member of the United Nations Expert Working Group on Drug Courts in Vienna. She has also served on the Land and Environment Court, the Equal Opportunity Tribunal and the Administrative Decisions Tribunal. Judge Murrell currently serves on the District Court hearing both civil and criminal matters. In 2010 Judge Murrell was appointed a Judicial Associate to the National Judicial College of Australia for 2010-2011. In that capacity she has chaired a planning committee of judicial officers developing and presenting a judicial education program on solution focused judging. Her Honour presented a paper on the program at the International Organisation for Judicial Training Conference in Bordeaux in 2011. Recently Judge Murrell was appointed NJCA Regional Convenor for NSW

Ms Pierrette Mizzi is Manager of the Research and Sentencing Division of the Judicial Commission of NSW. She is responsible for ensuring that judicial officers in NSW are informed of judicial and legislative developments in State and federal criminal law (including NSW and other states). Ms Mizzi is one of the Commission’s representatives on the Criminal Trial Courts Bench Book Committee. She is also the principal author of the Commission’s monograph ‘Sentencing offenders convicted of child pornography and child abuse material offences’ published in September 2010. Ms Mizzi has been a solicitor since 1996. From then until August 2009 she worked at the office of the Commonwealth Director of Public Prosecutions – in her last seven years as a Principal Legal Officer with carriage of a range of prosecutions including for offences involving identity fraud, narcotics and terrorism.

SESSION 4: SENTENCING AND THE CONSTITUTIONS

Sentencing and the Constitutions: Neither the letter nor the spirit Paper by Prof Arie Freiberg, Monash University & Ms Sarah Murray, University of WA Presented at this conference by Professor Arie Freiberg

Professor Arie Freiberg was appointed as Dean of the Faculty Law at Monash University in January 2004. Prior to taking up this position, he was Dean of the Faculty of Arts at the in 2003. He was appointed to the Foundation Chair of Criminology at the University of Melbourne in January 1991 where he served as Head of the Department of Criminology between January 1992 and June 2002. Professor Freiberg graduated from the

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University of Melbourne with an honours degree in Law and a Diploma in Criminology in 1972 and holds a Master of Laws degree from Monash University. He was awarded the degree of Doctor of Laws by the University of Melbourne in 2001 and is a fellow of the Academy of Social Sciences in Australia, the Australian Academy of Law and holds an Adjunct Faculty appointment in the Australia and New Zealand School of Government. Between 1996 and 1998 he was President of the Australian and New Zealand Society of Criminology. In 2009 he was made a Member of the Order of Australia for his service to law, particularly in the fields of criminology and reform related to sentencing, to legal education and academic leadership. Professor Freiberg’s particular areas of expertise are sentencing and the administration of criminal justice. He has been a Visiting Professor at Tel Aviv University and has served as a consultant to the Federal, Victorian, South Australian and Western Australian governments on sentencing matters as well as the Australian and South African Law Reform Commissions. In 2002 he completed a major review of sentencing for the Victorian Attorney-General published as Pathways to Justice (Department of Justice, 2002). In July 2004 he was appointed Chair of the Victorian Sentencing Advisory Council. He is currently a member of the Council of the Australian Institute of Judicial Administration. Professor Freiberg has around 130 publications in areas such as sentencing, confiscation of proceeds of crime, tax compliance, corporate crime, juries, juvenile justice, sanctions, victimology, superannuation fraud, trust in criminal justice, commercial confidentiality in corrections, dangerous offenders, the role of emotion in criminal justice, drug courts, problem-oriented courts and non-adversarial justice. His major books are Sentencing: State and Federal Law in Victoria 2nd ed (with Richard Fox, OUP, 1999), Sentencing Reform and Penal Change: The Victorian Experience (with Stuart Ross, Federation Press, 1999), Penal Populism, Sentencing Councils and Sentencing Policy (ed with Karen Gelb, Hawkins Press, 2008) and Non-Adversarial Justice (with Michael King, Becky Batagol & Ross Hyams, Federation Press, 2009).

SESSION 5: SENTENCING ISSUES IN PEOPLE SMUGGLING CASES

Ms Wendy Abraham QC, Barrister NSW Chief Justice Wayne Martin, Supreme Court of Western Australia Professor Mirko Bagaric, Deakin University

Chief Justice Wayne Martin was appointed to the Supreme Court of Western Australia on 1 May 2006. He was appointed as a Judge of the Court, a Judge of the Court of Appeal and as the Chief Justice of Western Australia. His Honour graduated with a (First Class Honours) in 1973 from the University of Western Australia and was an articled clerk with Lavan & Walsh, Perth. He completed a Master of Laws from the University of London in 1975 and was admitted to practice in Western Australia in 1977. After being a Senior Litigation Partner with Keall Brinsden, Perth, from 1984 - 88, Chief Justice Martin joined the Independent Bar in 1988 and was appointed a Queens Counsel 1993. From 2001 - 2003, he was Counsel assisting the HIH Royal Commission in Sydney. His Honour served as President of the WA Bar Association from 1996 - 1999, Chairman of Law Reform Commission of WA from 1996 - 2001, President of the Law Society in 2006 and Director,

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Law Council of Australia in 2006. In 2008 Chief Justice Martin was appointed Chair of the Council of the National Judicial College of Australia.

Ms Wendy Abraham QC was admitted to practice as a barrister in 1982. She worked as a prosecutor in the office of the Director of Public Prosecutions (South Australia) and was Acting Director from May 2004 to April 2005. She was appointed Queens Counsel in 1998. From June 2005 to June 2009 Ms Abraham was a Barrister on full-time retainer with the Commonwealth Director of Public Prosecutions as appellate counsel and as such appeared in the High Court, Federal Court and the Courts of Appeal and Courts of Criminal Appeal around the country. Ms Abraham is now a Barrister at 12th floor Wentworth/Selborne Chambers, Sydney and continues to have a national appellate practice appearing for both the Crown and the defence.

Professor Mirko Bagaric is a law professor at Deakin University, Victoria. He completed his PhD on punishment and sentencing and is the author of numerous texts on sentencing including Australian Sentencing (Cambridge University Press).

CONFERENCE DINNER SPEAKER

Caring for Art in the 21st Century Ms Debbie Ward, Head of Conservation, National Gallery of Australia

Restoring damaged works of art is only part of the role of the conservator today. The presentation will give an insight to the wide variety of tasks and challenges faced by the conservator while caring for our cultural heritage

Debbie Ward holds a BA in Archaeology from the University of Sydney as well as a Master’s degree in Applied Science (Conservation). She has been employed at the National Gallery of Australia for thirty years. During this time she has worked in the field of textile conservation as well as teaching and working for institutions in South East Asia and the Pacific. Debbie has held her current position of Head of the NGA ‘S Conservation Department for the last eight years. She works with a team of up to 30 specialist staff to care for the collection and to maintain the skills and high standards the profession demands.

SESSION 6: THE CRIMINAL CODE: 10 YEARS ON

Ms Jaala Hinchcliffe, Office of the Commonwealth Director of Public Prosecutions

Jaala Hinchcliffe is the Senior Assistant Director for Policy for the Commonwealth Director of Public Prosecutions. She hold degrees in Arts and Law from the Australian National University and was admitted to the Supreme Court of the ACT and NSW in 2000. In 2000 she commenced work with the CDPP in their Sydney office in the Commercial Prosecutions

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Branch and in 2002 moved to the Legal and Practice Management Branch in Head Office. Jaala has been the Senior Assistant Director for Policy since 2007 and in this role has examined the operation of the Criminal Code, commenting on law reform issues as they have affected the CDPP: she has also developed policy for the prosecution functions of the office. In 2008 Jaala was a member of the steering committee for the Federal Criminal Law Forum and she is a member of the International Society for the Reform of Criminal Law.

SESSION 7: RESEARCH FINDINGS: SENTENCING MONEY LAUNDERERS

Dr Lorana Bartels, University of Canberra Paper based on AIC research with Penny Jorna & Andy Chan

Dr Lorana Bartels is a Senior Lecturer in the School of Law at the University of Canberra and was formerly a Senior Research Analyst at the Australian Institute of Criminology. She has also held research and policy positions with the Family Court of Australia, the NSW Office of the Director of Public Prosecutions, the NSW Attorney-General's Office, the NSW Public Defenders Office and the ACT Law Reform Advisory Council. Lorana holds Bachelor of Arts, Bachelor of Laws and Master of Laws degrees from the University of NSW and is admitted as a legal practitioner in NSW. In 2008, she completed a doctorate on suspended sentences at the University of Tasmania and has published widely on this topic, as well as a range of other criminal justice issues. Her first book, Qualitative criminology: Stories from the field (co-edited with Kelly Richards) was released in 2011.

Penny Jorna is a Research Officer with the Global Economic and Electronic Crime program at the Australian Institute of Criminology, where she has worked on a range of projects, including Commonwealth fraud, money laundering and corruption. She previously worked in publishing and for the Department of Defence, and holds a Master of Criminology degree from the University of Sydney.

Andy Chan is a Research Officer at the Australian Institute of Criminology, where he has worked on a range of projects for the Global, Economic & Electronic Crime program and the Violent and Serious Crime Monitoring Team. He has also completed an internship with Victoria Police State Intelligence Division and holds a Bachelor's degree in Criminology and Criminal Justice from Griffith University.

SESSION 8: ISSUES ARISING IN SENTENCING FOR TERRORISM OFFENCES

Justice ANTHONY WHEALY, Supreme Court NSW Ms SARAH MCNAUGHTON SC, Barrister NSW Mr RICHARD BUTTON SC, Public Defender NSW

Justice Anthony Whealy is a Judge of Appeal of the NSW Supreme Court. He was appointed to the NSW Supreme Court in June 2000, and made a Judge of Appeal on 31 January 2011. Before being appointed to the NSW Supreme Court, Justice Whealy practised as a barrister for nearly thirty years. He was appointed Queens Counsel in 1984 and made many appearances before the New South Wales Court of Appeal and the High

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Court of Australia, prior to his appointment as a Judge. Justice Whealy presided over a number of terrorism trials in New South Wales. The first of these was the trial of Faheem Lodhi. Later, Justice Whealy presided over the trials of nine men charged with conspiracy to do acts in preparation for a terrorist act or acts. This trial arose out of Operation Pendennis. Operation Pendennis was the largest counter-terrorism operation conducted in Australia and involved ASIO, the AFP and the New South Wales and Victorian police. The trial itself was one of the largest in Australian criminal law history. It ran effectively for two years Sarah McNaughton SC is a barrister at Forbes Chambers, a specialist criminal chambers in Sydney. Sarah commenced legal practice as a solicitor with Freehills, before moving to the Commonwealth DPP. She practised as a Crown Prosecutor and in 1998 moved to the private Bar. She was one of the Prosecution counsel in the terrorist trial at Parramatta in 2008–09. In 2010 Sarah was appointed Senior Counsel. She is a co-author of the LexisNexis publication Federal Criminal Law.

Richard Button SC has spent over 25 years as a criminal defence lawyer. Richard started out as a solicitor in the Prisoners Legal Service of Legal Aid NSW in 1986, and was admitted as a barrister in 1989. In 1991 he was appointed a NSW Public Defender in 1991 and he retains that appointment today. From 1996 until 1998 Richard was seconded as Director of the Criminal Law Review Division of the (then) NSW Attorney General’s Department, where he was involved in criminal law reform both state and federal. Richard was appointed senior counsel in 2005, and has spent several years appearing for one of the accused in the long running terrorism committal and trial in Sydney. In 2010 Richard was appointed one of the two deputy senior public defenders. In the same year he began teaching for the Australian Advocacy Institute. Richard’s practice currently focuses on conviction appeals to the NSW Court of Criminal Appeal and homicide matters at first instance.

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Ms Wendy Abraham QC Sydney Mr David Adsett CDPP (Brisbane) Mr Louis Andrews Canberra Times Professor Mirko Bagaric Deakin University Mr Peter Baker Peter Baker and Associates Bendigo, VIC Ms Michelle Barnes CDPP (Adelaide) Dr Lorana Bartels University of Canberra Justice Peter Barr Supreme Court of the Northern Territory Chief Magistrate Elizabeth Bolton Magistrates' Court of South Australia Magistrate Geoffrey Bradd Local Court NSW Ms Fiona Brice Judicial College of Victoria Mr Richard Button SC Senior Public Defender Mr James Carter CDPP (ACT) Ms Liesl Chapman SC Adelaide Ms Lisa Charlton CDPP (ACT) Judge Yuen Fatt Chay Subordinate Courts of Singapore Judge Wayne Chivell District Court of South Australia Ms Sarah Clark Attorney General's Department (Cth) Dr Jonathan Clough Monash University Judge Susan Cohen Ms Sian Coidan CDPP (Melbourne) Professor Reg Coutts University of Adelaide Professor Michael Coper ANU College of Law Mr Marcus Dempsey Legal Aid Victoria Mr John Domitrovic Department of Infrastructure ACT Justice John Dowsett Federal Court (Brisbane) Ms Gabrielle Drennan Mr Robert Evans Attorney-General's Department (Cth) Professor Arie Freiberg Faculty of Law, Monash University Ms Miriam Gani ANU College of Law Assistant Commissioner Neil Gaughan APM Australian Federal Police Ms Jenny Green NJCA Ms Cheryl Gwilliam Attorney-General's Department (WA) Mr Brian Hancock Public Defender's Office, NSW Mr Joshua Hanna CDPP (Brisbane) Chief Magistrate Steven Heath Magistrates' Court of Western Australia Ms Jaala Hinchcliffe CDPP (ACT) Ms Mandy Hull Newcastle NSW Hon. Greg James AM QC NSW Mental Health Review Tribunal Mr John Jasinski Legal Aid ACT 11 Participants

Judge Clive Jeffreys District Court NSW Dr Christine Jennett Justice Peter Johnson Supreme Court of NSW Mr Matt Kamarul Legal Aid ACT Associate Professor Tony Krone University of Canberra Ms Wendy Kukulies- Smith ANU College of Law Justice Bruce Lander Federal Court (Adelaide) Mr Ian Leader-Elliott University of Adelaide Law School Mr Keegan Lee DPP(ACT) Ms Tamzin Lee DPP(ACT) Mr Ji-Shen Loong ANU College of Law Ms Chrissa Loukas Public Defender's Office, NSW Ms Kate Lumley Judicial Commission of NSW Ms Janet Manuell SC Public Defender's Office NSW Justice Shane Marshall Federal Court (Melbourne) Chief Justice Wayne Martin Supreme Court of Western Australia Mr Mark McCarthy Barrister (Brisbane) Ms Nicola McGarrity Faculty of Law UNSW Mr John McGinness NJCA Ms Penny McKay CDPP (ACT) Ms Sarah McNaughton SC Barrister (Sydney) Ms Norma Meldon University of Southern Queensland Ms Jane Mevel Judicial College of Victoria Ms Pierette Mizzi Judicial Commission of NSW Ms Wendy Mohring COAST, ANU College of Law Judge Geoff Muecke District Court of South Australia Justice Debra Mullins Supreme Court of Queensland Judge Helen Murrell District Court of NSW Ms Katrina Musgrove CDPP (ACT) Judge John Nicholson District Court of NSW Dr Mark Nolan ANU College of Law Ms Anne O’Connell NJCA Mr Mark Pedley Supreme Court of Victoria Mr Clive Porritt CDPP (Brisbane) Justice Richard Refshauge Supreme Court of the Australian Capital Territory Magistrate Ray Rinaudo Magistrates' Court of Queensland Mr Nathan Scudder Australian Federal Police Mr Hugh Selby ANU College of Law Magistrate Elizabeth Sheppard Magistrates' Court of South Australia Judge Kevin Sleight District Court of Western Australia 12 Participants

Professor David Tait Justice Research Group, University of Western Sydney Ms Averil Templar CDPP (ACT) Justice Shan Tennent Supreme Court of Tasmania Mrs Anne- Marie Tucker CDPP (ACT) Ms Karen Twigg CDPP (ACT) Mr Jason Voight CDPP (BRISBANE) Chief Magistrate Lorraine Walker Magistrates' Court of the ACT Mr Frank Walsh CDPP (Brisbane) Ms Debbie Ward NGA Professor Kate Warner Faculty of Law, University of Tasmania Mr Matthew Weatherson Judicial College of Victoria Justice Mark Weinberg Supreme Court of Victoria Ms Sarah Westwood Legal Aid Victoria Justice Anthony Whealy Supreme Court of New South Wales Mrs Jessica Whitford CDPP ( Adelaide) Mr Paul Winch Public Defender's Office NSW Ms Dina Yehia SC Public Defender's Office NSW

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