Speaker Profiles and Presentation Abstracts
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Local Court of New South Wales Annual Review 2019
Local Court of New South Wales Annual Review 2019 Contents Foreword by Chief Magistrate of New South Wales 2 1. An overview of the Local Court 5 Jurisdictions and Divisions 6 The Magistrates 8 Chief Magistrate’s Executive Office 14 The work of the Local Court registries 15 2. Court operations during 2019 16 Criminal jurisdiction 17 Civil jurisdiction 20 Coronial jurisdiction 21 3. Diversionary programs and other aspects of the Court’s work 25 Diversionary programs 26 Technology in the Local Court 30 4. Judicial education and community involvement 32 Judicial education and professional development 33 Legal education in the community and participation in external bodies 36 Appendices 39 The Court’s time standards 40 The Court’s committees 41 2019 Court by Court statistics 42 1 Foreword by Chief Magistrate of New South Wales At the conclusion of the foreword to the 2018 The Local Court is no longer a relatively small Annual Review I expressed the view that ingredient of our justice system confined to dealing the Local Court had reached the limit of its with relatively minor matters. This is still part of its capacity to sustain its performance against its makeup however the Court is regularly engaged in Time Standards without an increase in judicial the finalisation of a steadily increasing category of resources. The year 2019 saw no increase more and more serious criminal offences. in the number of magistrates despite advice It is not uncommon for a magistrate to find from the Court to government that to maintain themselves dealing with dishonesty or money a sensible balance between expectations and laundering offences involving sums of money in outcomes, without unduly prejudicing the the hundreds of thousands of dollars. -
View Annual Report
Annual Report Judicial Commission of NSW 2012–13 Judicial Commission of NSW / Annual Report 2012–13 The Judicial Commission of NSW is an independent statutory corporation formed in 1986 This annual report summarises the Contents Judicial Commission’s activities and performance for 2012–13 against 2012–13 highlights ..................................1 our main objectives, strategies and Our profile.........................................2 targets. We also report on our financial Our history ........................................3 results for the year and outline our The year in brief: key focus areas.......................4 strategic focus for 2013–14. The year ahead.....................................5 Performance results for 2012–13 .......................6 This is our 26th annual report. Last year’s annual report gained a Gold President’s foreword ................................8 Award in the 2013 Australasian Chief Executive’s message...........................10 Reporting Awards. Members of the Judicial Commission ..................12 Our executive team ................................15 This and earlier annual reports are Continuing judicial education program ...................16 available on our website at Research and sentencing program ....................26 www.judcom.nsw.gov.au Examining complaints ..............................34 Engaging with our partners ..........................42 Our people .......................................48 Our governance policies and processes ................54 The Honourable Gregory Smith -
Victims of the System Papers & Presenters
FOURTEENTH BIENNIAL CONFERENCE JUNE 2013 VICTIMS OF THE SYSTEM PAPERS & PRESENTERS John Elferink MLA, NT Attorney-General & Minister for Justice Aged 46, John Elferink was born in the Netherlands, moving to Darwin as a young child. He joined the NT Police as a 17 year-old cadet, rising to the rank of Sergeant, and was working as an Alice Springs based policeman at the time of his surprise victory in the outback seat of MacDonnell at the 1997 election. Mr Elferink was re-elected in 2001, and held the seat until 2005. In 2008 he was elected to the seat of Port Darwin. While in the police force he undertook a Bachelor of Arts by correspondence. While a parliamentarian, he did likewise to obtain a Bachelor of Laws, and was admitted to practice in 2009. His vision for his electorate is crime to be a rarity rather than constant. Trevor Riley CJ (NT Supreme Court) – “Victims of the System: a view from the Bench” The theme of the conference is Victims of the System. The sessions identify a variety of people who may presently be regarded as victims of the system. This paper will look at the relationship between the Judiciary and the other arms of government and comment upon the prospect that, rather than solving perceived problems, recent and proposed legislative schemes may create further victims. Trevor Riley was appointed Chief Justice of the Supreme Court of the Northern Territory in 2010, having been a Justice of the Court since 1999. Chief Justice Riley had practiced at the Northern Territory Bar since 1985, and was appointed Queen's Counsel in 1989. -
Judicial Impartiality
CONSULTATION PAPER AND BACKGROUND PAPERS JUDICIAL IMPARTIALITY APRIL 2021 The Australian Law Reform Commission (ALRC) was established on 1 January 1975 and operates in accordance with the Australian Law Reform Commission Act 1996 (Cth). The office of the ALRC is at Level 4, Harry Gibbs Commonwealth Law Courts Building, 119 North Quay, Brisbane QLD 4000. Postal Address: PO Box 12953, George Street QLD 4003 Telephone: within Australia (07) 3248 1224 International: +61 7 3248 1224 Email: [email protected] Website: www.alrc.gov.au CONTENTS Judicial Impartiality Consultation Paper i The Law on Judicial Bias: A Primer JI1-1 Recusal and Self-Disqualification JI2-1 The Federal Judiciary – the Inquiry in Context JI3-1 Conceptions of Judicial Impartiality in Theory and Practice JI4-1 Ethics, Professional Development, and Accountability JI5-1 Cognitive and Social Biases in Judicial Decision-Making JI6-1 The Fair-Minded Observer and its Critics JI7-1 CONSULTATION PAPER JUDICIAL IMPARTIALITY APRIL 2021 This Consultation Paper reflects the law as at 30 April 2021. The Australian Law Reform Commission (ALRC) was established on 1 January 1975 and operates in accordance with the Australian Law Reform Commission Act 1996 (Cth). ALRC publications are available to view or download free of charge on the ALRC website: www.alrc.gov.au/publications. If you require assistance, please contact the ALRC. ISBN: 978-0-6482087-9-2 Citation: Australian Law Reform Commission, Judicial Impartiality: Consultation Paper (CP 1, 2021) Commission Reference: ALRC Consultation Paper 1, 2021 © Commonwealth of Australia 2021 This work is copyright. You may download, display, print and reproduce this material in whole or part, subject to acknowledgement of the source, for your personal, non-commercial use or use within your organisation. -
'Passive Smoking' Defence Clears Woman of Drug Driving As Research Casts Doubt on Roadside Testing ABC North Coast by Gemma Sapwell Posted Thu 23 May 2019, 6:28Am
'Passive smoking' defence clears woman of drug driving as research casts doubt on roadside testing ABC North Coast By Gemma Sapwell Posted Thu 23 May 2019, 6:28am PHOTO: Police officers take saliva swabs from drivers as part of the roadside drug driving tests. (ABC North Coast: Gemma Sapwell ) The accuracy of drug driving tests has been called into question RELATED STORY: Calls to relax Canberra's drug- after a landmark court ruling and new research by a leading driving laws as the ACT looks to legalise cannabis academic. RELATED STORY: Medicinal cannabis driving plan 'inconsistent' with road safety objectives Data collected by Sydney University has revealed roadside mobile saliva EXTERNAL LINK: Magistrate questions NSW drug tests returned inaccurate results more than 20 per cent of the time when driving testing program testing oral fluids for tetrahydrocannabinol (THC), the main psychoactive ingredient in cannabis. Researchers at the university's Lambert Initiative for Cannabinoid Therapeutics conducted hundreds of tests on drivers with varying levels of THC in their system to study whether there was any link between cannabis and driver impairment. The program's academic director Iain McGregor said the research, which is yet to be published, raised concerns. "The tests are particularly poor at detecting when people have a lot of THC in their system so they can be really stoned and getting a negative test," he said. PHOTO: A driving simulator is used in the Sydney University research into THC impairment. (Supplied: Professor Iain McGregor ) But he said what was even more alarming was the number of false positives recorded. -
2010 Local Court Annual Review
Local Court of New South Wales Annual Review 2010 Contents Foreword by Chief Magistrate of New South Wales 2 1. An overview of the Local Court 4 Jurisdictions and divisions 5 The Magistrates 8 Chief Magistrate’s executive office 13 The work of the Local Court registries 14 2. Court operations during 2010 15 Criminal jurisdiction 16 Civil jurisdiction 18 Coronial jurisdiction 19 Industrial jurisdiction 22 Mental health 23 3. Diversionary programs and other aspects of the Court’s work 24 Diversionary programs 25 Technology in the Local Court 29 4. Judicial education and community involvement 31 Judicial education and professional development 32 Legal education in the community and participation in external bodies 34 Appendices 39 The Court’s time standards 40 The Court’s committees 41 2010 Court by Court statistics 43 1 Foreword by Chief Magistrate of New South Wales It is with pleasure that I present the Local Court 20 percent in the first year of the new scheme’s Annual Review for 2010, a year which marked operation. To this day, an increasingly large the 25th anniversary of the establishment of the number of indictable offences continue to be Local Courts of New South Wales. determined to finality in the Local Court. On 1 January 1985, upon the commencement As the jurisdiction of the Local Court has of the Local Courts Act 1982, the Local Courts developed, so too has the magistracy. Unlike assumed the jurisdiction previously exercised by the stipendiary magistrates of the Courts of the Courts of Petty Sessions and magistrates Petty Sessions, who were public servants were for the first time afforded the status of whose remuneration was set under the Public independent judicial officers. -
Legal Education Review
Bond University Legal Education Review Volume 29 Issue 1 2019 Do Law Clinics Need Trigger Warnings? Philosophical, Pedagogical and Practical Concerns Kate Seear Monash University _____________________________________________________________________________________ Follow this and additional works at: https://ler.scholasticahq.com/ This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 Licence. DO LAW CLINICS NEED TRIGGER WARNINGS? PHILOSOPHICAL, PEDAGOGICAL AND PRACTICAL CONCERNS KATE SEEAR∗ I INTRODUCTION In recent years, there has been growing concern about poor mental health among both law students and lawyers. 1 Concerns about the mental health of law students and lawyers are often traced back to the mid-1980s in North America, emerging from a series of studies that examined lawyers’ and law students’ physical and mental health and wellbeing, rates of alcohol and other drug use, suicidal ideations and more. In Australia, where I am based, these concerns are also the subject of considerable debate and attention. Several scholars attribute the Australian interest in these issues to the publication of the landmark Courting the Blues report in 2009.2 Following the publication of that report, there has been something of an explosion of work3 in this space, and a series of initiatives designed to address mental health and wellbeing, both at law school and among practitioners. In 2006, for ∗ Associate Professor, Faculty of Law, Monash University. 1 I am indebted to my PhD student Claire Carroll for bringing much of this literature to my attention, and to the work of scholars such as Paula Baron and Christine Parker, for their collation and analysis of it. -
2009 Annual Review
The Land and Environment Court of NSW Annual Review 2009 1 Contents 01 Foreword from Chief Judge 26 5. Court Performance 02 1. 2009: An Overview ❚ Overall caseload ❚ Court performance ❚ Court performance by class of jurisdiction ❚ Reforms and developments ❚ Measuring Court performance ❚ Education and community ❚ Output indicators of access to involvement justice ❚ Consultation with court users • Affordability 06 2. Court Profi le • Accessibility ❚ The Court • Responsiveness to the needs ❚ Statement of purpose of users ❚ The Court’s jurisdiction ❚ Output indicators of ❚ The Court’s place in the court effectiveness and effi ciency system • Backlog indicator • Delivery of reserved judgments ❚ Who makes the decisions? • Clearance rate • The Judges • Attendance indicator • The Commissioners ❚ Appeals • The Registrars ❚ Complaints ❚ Appointments and retirements • Complaints received and ❚ Supporting the Court: the fi nalised Registry • Patterns in complaints 14 3. Casefl ow Management 49 6. Education and Community ❚ Introduction Involvement ❚ Overview by class of jurisdiction ❚ Continuing professional ❚ Types of directions hearings development ❚ Class 1 hearing options • Continuing professional ❚ Alternative Dispute Resolution development policy • Conciliation • Annual Court conference • Mediation • Twilight seminar series • Neutral evaluation • National Mediator Accreditation • 360 degree feedback program 21 4. Reforms and Developments • Other educational activities ❚ Mining jurisdiction ❚ Performance indicators and ❚ Transfer of civil proceedings program evaluation between courts ❚ Education and participation in ❚ Amendments to Court rules the community ❚ International Framework for ❚ Individual Judges’ and Court Excellence Commissioners’ activities ❚ Sentencing database for environmental offences 74 Appendix 1 – Court Users Group 76 Appendix 2 – Court Committees LEC Annual Review 2009 2 Foreword From Chief Judge This Review provides information on litigation in the Court, its human resources and its the Court, the performance in the year under review. -
Time to Define 'The Cornerstone of Public Order Legislation': the Elements of Offensive Conduct and Language Under The
534 UNSW Law Journal Volume 36(2) TIME TO DEFINE ‘THE CORNERSTONE OF PUBLIC ORDER LEGISLATION’: THE ELEMENTS OF OFFENSIVE CONDUCT AND LANGUAGE UNDER THE SUMMARY OFFENCES ACT 1988 (NSW) * JULIA QUILTER ** AND LUKE MCNAMARA *** I INTRODUCTION This article addresses a contradiction that has long been at the heart of the criminal law concerned with ‘public order’. Although crimes such as offensive conduct and offensive language are amongst the most frequently prosecuted offences in Australia, their legal nature is poorly understood and rarely the subject of judicial scrutiny or academic explanation. In the context of ongoing controversy over whether such offences have a legitimate place on the statute books, we confront this oversight. This article draws on the High Court of Australia’s decision in He Kaw Teh v The Queen 1 to lay out a methodology for construing the elements of a statutory offence, and then employs this approach to produce a recommended interpretation of the elements of sections 4 and 4A of the Summary Offences Act 1988 (NSW). * This article has its origins in our work as criminal law teachers, and in our respective lead contributions to the public order chapters of criminal law textbooks: Donna Spears, Julia Quilter and Clive Harfield, Criminal Law for Common Law States (LexisNexis Butterworths, 2011) ch 8; David Brown et al, Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales (Federation Press, 5 th ed, 2011) ch 8. We would like to thank our teaching colleagues, students and co- authors for the many stimulating conversations we have had over the years on the topic of public order offences generally, and offensive conduct/language laws in particular. -
Notices (NGT 09/20 P.12)
[email protected] Letters Thin blue line NGT I want to thank David welcomes letters Heilpern for his column and other contributions received by email or post Notices (NGT 09/20 p.12). David’s language is insightful and prior to deadline. Letters Position vacant delightful. I’m very much longer than 300 words may Cawongla Playhouse is seeking a Cert III qualified looking forward to your be edited for length, and educator for a casual short term position 3 days a week in promised future columns. articles for accuracy. Please term 4. We are also seeking Cert III staff to join our relief However, the metaphor include your full name, list. You must have current working with children check, invoked by the phrase address and phone number first aid and Cert III qualifications. Please email your CV for verification purposes. “democracy shudders” fails to: [email protected] to truly capture the utter Opinions expressed remain despair, visceral anger, and those of the author, and Room to let permanent dark cynicism are not necessarily those of Vacancy available in large 4-bedroom home in bushland which many of us carry Nimbin Good Times. setting just a 12-minute walk to the Nimbin Post Office. around inside our bodies A third interesting and happy person is wanted, so there every minute of every day of media now openly describe www.hollyenglish.com will be a spare room. Huge verandah and large garden our ‘democratic’ lives. “Police accountability in area, some of it planted. Our possible house-mate would I agree with you that the NSW” as “pathetic and for the rail trail. -
Canberra Law Review Volume 16 Issue 1
CANBERRA LAW REVIEW Volume 16 Number 1 Canberra Law School University of Canberra 2019 Canberra Law Review (2019) 16(1) ii Canberra Law Review The Canberra Law Review is a peer-reviewed law journal published each year by the Canberra Law School at the University of Canberra. It brings together academics, other scholars, legal practitioners, and students within and outside the University. It provides a peer-reviewed open access venue for innovative, cross-disciplinary and creative scholarly articles and commentaries on law and justice. Submissions The editors of the Canberra Law Review seek submissions on aspects of law. We welcome articles relating to theory and practice, and traditional, innovative and cross-disciplinary approaches to law, justice, policy and society. Guidelines • Scholarly articles should be 5,000-14,000 words, case notes 1,500-3,000 words and book reviews 1,000-1,500 words (including references). • Submissions should conform to 4th edition of the Australian Guide to Legal Citation (AGLC4) and be 12 pt Times New Roman. • Scholarly articles should be accompanied by an abstract of no more than 250 words. • Submissions should not have been previously published in another journal. Submissions should be emailed as MS Office .docx or .doc documents to [email protected]. Peer-Review Scholarly articles are blind peer-reviewed by two reviewers. Open Access Consistent with the Canberra Law School’s emphasis on inclusiveness, the Review is open access: an electronic version is available on the University of Canberra website -
2014 2015 14 September 2015
2014 2015 14 September 2015 The Honourable Linda Dessau AM, Governor of Victoria Government House Melbourne Vic 3004 Dear Governor, On behalf of the Council of Magistrates, I present the Magistrates’ Court Annual Report for the year 1 July 2014 to 30 June 2015 pursuant to section 15(3) of the Magistrates’ Court Act 1989. Yours sincerely PETER LAURITSEN Chief Magistrate The Magistrates’ Court of Victoria (the Court) is an innovative, accessible and responsive court that provides quality service to the Victorian community. The Court sits at 51 metropolitan and regional locations and is comprised of 96 magistrates, 13 reserve magistrates, 10 coroners, 8 judicial registrars, 624 staff and 61 elders and respected persons. 2 10 26 About the The Year at a Glance Magistrates’ Court Operations Organisational Chart Our Judiciary Coordination Summary The Year at a Glance Structure of the Judiciary Civil Jurisdiction Summary Message from the Structure of Court Judicial Registrars Chief Magistrate Administration Legislative Reform Message from the Internal Committees Making a Difference Chief Executive Officer Our Services Statewide Perspective Our Staff 50 73 85 Specialist Courts Financials and Services and Statistics Directories Court Support and Detailed breakdown on Directory of Diversion Services data including 5-year Magistrates and Drug Court trends Judicial Registrars Intervention Orders Contact details for all Family Law Jurisdiction Court venues Koori Court Neighbourhood Justice Centre 1 Magistrates’ Court of Victoria 2014-15 Annual Report