Law Commons^™

Torturous Journeys: Cruelty, International Law, And Pushbacks And Pullbacks Over The Mediterranean Sea, Jamal Barnes

Research outputs 2022 to 2026

Boat pushbacks and pullbacks by Italy and the European Union (EU) have returned migrants and refugees to Libya where they have been subjected to brutal human rights violations, such as torture and ill-treatment. This article argues that these pushbacks and pullbacks not only undermine key human rights principles, but they are also an act of cruelty. As Italy and the EU have used the law to evade their international human rights and refugee obligations, the law has had distributive effects that have shaped migration pathways and exacerbated the vulnerability of migrants and refugees to torture. Not only have legal manoeuvres …

Promoting Awareness Of Sex Trafficking In Tourism And Hospitality, Joshua Aston, Jun Wen, Edmund Goh, Oswin Maurer

Research outputs 2014 to 2021

Purpose: This cutting-edge short commentary is intended to raise awareness of sex trafficking in the tourism and hospitality industry. The purpose of this paper is to also advocate for further research to identify and hopefully prevent sex trafficking in related settings. Design/methodology/approach: This paper provides a descriptive overview of the current knowledge base on sex trafficking in tourism and hospitality. Based on gaps in the literature, future research agendas and directions are suggested. Findings: Academic research on sex trafficking in tourism and hospitality remains limited. More scholarly attention is needed to this matter. The tourism industry is directly and indirectly …

Critical Review Of The Use Of The Rorschach In European Courts, Igor Areh, Fanny Verkampt, Alfred Allan

Research outputs 2014 to 2021

In relation to the admissibility of evidence obtained using projective personality tests arose in F v. Bevándorlási és Állampolgársági Hivatam (2018). The Court of Justice of the European Union has held that an expert’s report can only be accepted if it is based on the international scientific community’s standards, but has refrained from stipulating what these standards are. It appears timely for European psychologists to decide what standards should be applied to determine whether or not a test is appropriate for psycholegal use. We propose standards and then apply them to the Rorschach because it was used in this case …

Suffering To Save Lives: Torture, Cruelty, And Moral Disengagement In Australia’S Offshore Detention Centres, Jamal Barnes

Research outputs 2022 to 2026

Since Australia re-established offshore processing on Manus Island and Nauru in 2012, there have been ongoing reports that asylum seekers and refugees are being subjected to torture and cruel, inhuman or degrading treatment or punishment (CIDT). People in detention have endured indefinite detention, inadequate provision of health care, and sexual, physical, and mental harm as the government attempts to ‘stop the boats’ and prevent deaths at sea. How can Australia continue to violate the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, while at the same time, promote its offshore detention policies worldwide? This article …

Commodity Futures Returns And Policy Uncertainty, Deepa Bannigidadmath, Paresh Kumar Narayan

Research outputs 2014 to 2021

© 2020 Elsevier Inc. This paper investigates whether economic policy uncertainty is predictable using three sets of commodity futures market variables, namely the equal-weighted average of futures excess returns, the excess returns on a portfolio of going long in backwardated commodities, and the excess returns on a portfolio of going short in contango commodities as predictors. We find significant evidence of both in-sample and out-of-sample predictability. Combination forecasts also reveal strong evidence of predictability. Our findings remain unchanged following several robustness tests.

Forensic Experts’ Perspectives On Australian Indigenous Sexual Offenders And Factors Important In Evaluating The Risk Of Recidivism, Alfred Allan, Cate L. Parry, Hilde Tubex, Caroline Spiranovic, Frank Morgan

Research outputs 2014 to 2021

Law and ethics require that risk assessment should be cross-culturally valid and fair, but Australian research in this regard is underdeveloped. A logical first step in progressing the work required to build a strong evidence base on culturally sensitive risk assessment in Australia is to determine the expert views of those in the field. We interviewed 13 Australian evaluators who assess Indigenous sexual offenders’ recidivism risk to determine their perceptions of the risk assessment instruments they use and the attributes they believe evaluators doing cross-cultural assessments should have. Our central findings are that evaluators use the available instruments because they …

Through A Lens Of Therapeutic Jurisprudence: A Case Study Of The Children’S Court Drug Court In Perth, Suzanne Ellis

Theses: Doctorates and Masters

The Children’s Court Drug Court (CCDC) has operated for 20 years in Perth as an alternative Court for drug-using young offenders who present at the Children’s Court. Despite the CCDC’s relative longevity, researchers have examined neither the inner workings of the Court nor the experiences of its actors. The current study aimed, not to evaluate the CCDC, but to identify measures needed to refine CCDC processes to enhance the experiences and outcomes of young people who participate in the CCDC. It argues that despite the CCDC’s foundations in contentious therapeutic jurisprudence principles, on balance, the actors – young people, their …

The Impact Of Voluntariness Of Apologies On Victims’ Responses In Restorative Justice: Findings Of A Quantitative Study [Dataset], Alfred Allan, Justine De Mott, Isolde Larkins, Laura Turnbull, Tracey Warwick, Lacey Willett, Maria M. Allan

Research Datasets

Combined data of three studies (N=164; 121 and 236 respectively) that investigated whether the voluntariness of apologies influenced recipients’ perception of the sincerity of apologies; acceptance of apologies; willingness to forgive offenders; and intended retributive behavior towards offenders.

From The Tree Of Knowledge And The Golem Of Prague To Kosher Autonomous Cars: The Ethics Of Artificial Intelligence Through Jewish Eyes, Nachshon Goltz, John Zeleznikow, Tracey Dowdeswell

Research outputs 2014 to 2021

This article discusses the regulation of artificial intelligence from a Jewish perspective, with an emphasis on the regulation of machine learning and its application to autonomous vehicles and machine learning. Through the Biblical story of Adam and Eve as well as Golem legends from Jewish folklore, we derive several basic principles that underlie a Jewish perspective on the moral and legal personhood of robots and other artificially intelligent agents. We argue that religious ethics in general, and Jewish ethics in particular, show us that the dangers of granting moral personhood to robots and in particular to autonomous vehicles lie not …

Open Access Publishing In The European Union: The Example Of Scientific Works, Nikos Koutras

Research outputs 2014 to 2021

Access to information resources and publicly-funded research outcomes have been considered in Europe during the last decade. Open access practice became part of the European institutions’ agenda since 2006 within the final report of the European Research Advisory Board. The Lisbon Treaty (2007) explicitly confirmed the European Union’s commitment to free circulation of scientific knowledge (Article 179 TFEU) and the dissemination of research results (Article 183 TFEU). In this regard, the Horizon 2020 program illustrates the importance of open access policy towards further dissemination of scientific information. The European Commission also introduced in July 2012 a scientific information package to …

Structuring The Debate About Research Ethics In The Psychology And Law Field: An International Perspective, Alfred Allan

Research outputs 2014 to 2021

Forensic psychologists’ role is well established, and they are rightly well regulated because their decisions and behaviour can have a significant impact on people’s rights and interests. Their ethical integrity, however, partly hinges on the psycholegal research products (data, methods and instruments) that they and others use. The ethical regulation of researchers who produce products and their research processes is, however, fragmented, limited and narrow and largely focuses on domestic research. Relatively few scholars have examined the regulation of psycholegal research or commented on the ethical implications of recent court decisions. The purpose of this paper is to start a …

The Influence Of The Chinese Government's Political Ideology In The Field Of Corporate Environmental Reporting, Hui Situ, Carol Tilt, Pi-Shen Seet

Research outputs 2014 to 2021

© 2020, Hui Situ, Carol Tilt, Pi-Shen Seet. Purpose: In a state capitalist country such as China, an important influence on company reporting is the government, which can influence company decision-making. The nature and impact of how the Chinese government uses its symbolic power to promote corporate environmental reporting (CER) have been under-studied, and therefore, this paper aims to address this gap in the literature by investigating the various strategies the Chinese government uses to influence CER and how political ideology plays a key role. Design/methodology/approach: This study uses discourse analysis to examine the annual reports and corporate social responsibility …

Prisoner, Prison And Situational Characteristics And Their Relationship With The Prevalence, Incidence And Type Of Prison Offending Recorded By A Sample Of Prisoners Within Western Australian Prisons, Catharine Phillips

Theses: Doctorates and Masters

The importance that researchers and prison administrators have placed on ensuring that the good governance, security and safety of prisons are maintained has generated a number of studies of prison offending. Previous studies have identified several prisoner, prison and situational characteristics as relevant in regard to their relationship with the prevalence, incidence and type of prison offences committed. However, no studies have been conducted in Australia, and therefore no studies have included Aboriginal prisoners in their prisoner samples. In addition, the differences in regard to legislation pertaining to prison offending between jurisdictions is also of importance when considering the generalisability …

Generalized Correlation Measures Of Causality And Forecasts Of The Vix Using Non-Linear Models, David E. Allen, Vince J. Hooper

Research outputs 2014 to 2021

This paper features an analysis of causal relations between the daily VIX, S & P500 and the daily realised volatility (RV) of the S & P500 sampled at 5 min intervals, plus the application of an Artificial Neural Network (ANN) model to forecast the future daily value of the VIX. Causal relations are analysed using the recently developed concept of general correlation Zheng et al. and Vinod. The neural network analysis is performed using the Group Method of Data Handling (GMDH) approach. The results suggest that causality runs from lagged daily RV and lagged continuously compounded daily return on the …

Captured At The Scene: A Proposal For The Admissibility Of Visually Recorded Scene Statements From Domestic Violence Complainants In Western Australia, Benjamin Procopis

Theses : Honours

In 2015, New South Wales introduced a legislative reform termed DVEC, which made admissible as evidence in chief, visually recorded statements from domestic violence complainants. Unlike other pre-recorded evidence, DVEC is captured at the scene of the incident, shortly after the event. The impetus for implementing DVEC was to overcome the issues identified with prosecuting domestic violence offences owing to the power imbalance in the relationship and the vulnerability of the complainant. In Western Australia, visually recorded statements from children and those with mental impairment are presently admissible for the same underpinning reasons. Police prosecutors and defence counsel participated in …

Reading Between The Crimes: Online Media’S Representation Of Aboriginal And Torres Strait Islander People’S Interaction With The Criminal Justice System In Post-Apology Australia, Jonathan Cannon

Theses: Doctorates and Masters

Australian research confirms that Aboriginal and Torres Strait Islander people experience high levels of social inequality, racism and injustice. Evidence of discrimination and inequality is most obvious within the criminal justice system where they are seriously over-represented. The Australian news media plays a large part in reinforcing Aboriginal and Torres Strait Islander inequality, stereotypes and racist ideology within specific situations such as the Northern Territory Emergency Response and the Redfern riots. This study widens the scope from how the media reports a single criminal justice event to how the media reports Aboriginal and Torres Strait Islander people’s interaction with the …

Older Indigent Women’S Economic Crimes: Subsuming Feminism In Favour Of A Human Rights Explanation, Patricia Joan Rhodes

Theses: Doctorates and Masters

Many people today believe the concept of gender inequality is outmoded, irrelevant and unnecessary in Western societies that are deemed egalitarian. As a consequence, feminism as a movement with gender equality at its core has often been proclaimed ‘dead’,a relic of the past. Feminist perspectives, nevertheless, have produced differing points of view about the sources of gender inequality affecting crime rates and criminal behaviour.

For the last 50 years or so, women and girls have been the subject of criminological research that has largely evolved from sociological perspectives and specifically from feminism. Although gender intersects with other social realities and …

Public Perceptions Of The Perth Drug Court As A Mechanism For Dealing With Drug Related Crime, Dominic Jordan

Theses : Honours

In the last two decades, drug courts have been introduced throughout Australia, to address the issue of drug related crime. Drug courts aim to reduce criminal recidivism by placing drug dependent offenders into intensive supervision and treatment programs. Research has revealed that drug courts, including the Perth Drug Court, can reduce criminal recidivism in offenders for whom drug use is a dynamic risk factor for their criminal behaviour. Currently however, little is known about the public’s knowledge and perceptions of drug courts. The aim of the current study was to determine the perceptions of a sample of the Western Australian …

I Remember Richelieu: Is Anything Secure Anymore?, Michael G. Crowley, Michael N. Johnstone

Australian Security and Intelligence Conference

Petraeus-gate, hacked nude celebrity photos in the cloud and the recent use of a search and seizure warrant in the United States of America to seek production of customer email contents on an extraterritorial server raises important issues for the supposably safe storage of data on the World Wide Web. Not only may there be nowhere to hide in cyberspace but nothing in cyberspace may be private. This paper explores the legal and technical issues raised by the these matters with emphasis on the courts decision “In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and …

Memory, Truth And Justice: A Contextualisation Of The Uses Of Photographs Of The Victims Of State Terrorism In Argentina, 1972-2012: Communicating An Intersection Of Art, Politics And History, Richard Askam

Theses: Doctorates and Masters

Photographs of the victims of Argentine state terrorism from 1972 to 1983, and most prominently those of the detained-disappeared victims of the Proceso de Reorganización Nacional dictatorship (1976-1983), have had a significant role in elucidating the demands of human rights activists since the aftermath of the Trelew Massacre in 1972. In this thesis I examine the role of photographs of victims of state terrorism in the construction of unofficial, or counter, narratives critical of those produced by two dictatorships and by elected democratic administrations in the demand for truth and justice, and in the construction of social memory. I discuss …

Best Interests Of The Child Principle In The Context Of Parent Separation Or Divorce : As Conceptualised By The Community, Nadia Dias

Theses: Doctorates and Masters

Best interests of the child (BIC) is a construct that is central to legal decisions in several areas including parenting matters in the Family Courts, guardianship, child-protection, and adoption. Despite the centrality of the construct, BIC has not been operationalised (Thomson & Molloy, 2001) and there is little agreement about what is considered best for children within social service and legal communities (Banach, 1998). Given that one of the aims of law is to reflect public sentiment (Green, 1996), the current study explored the general public’s conceptualisation of BIC. More specifically, I sought to determine what community members think the …

Beyond Proximity: The Importance Of Green Space Useability To Self-Reported Health, May Carter, Pierre Horwitz

Research outputs 2014 to 2021

Access to parks and green spaces within residential neighbourhoods has been shown to be an important pathway to generating better physical and mental health for individuals and communities. Early research in this area often failed to identify specific attributes that contributed to reported health outcomes, with more recent research focused on exploring relationships between health outcomes and aspects of access and design. A mixed methods research project conducted in Perth, Western Australia examined the role that neighbourhood green space played in influencing residents' self-reported health status, and this paper identifies significant relationships found between perceptions of green space quality and …

In The Name Of National Interest? Assessing The Shift Of Australian Foreign Policy Regarding West Papua During 2006, Jaymin Beck

Theses : Honours

The Australian government currently maintains a strong position against an independent West Papua. Despite claims of human rights abuses by the Indonesian Government in West Papua and the huge number of West Papuan refugees fleeing to Australian shores, the Australian Government continues to tighten foreign policy and migration laws to make it increasingly difficult for West Papuans to seek asylum in Australia and hope for an independent West Papua. When Australia’s humanitarian intervention in the Timor-Leste fight for independence in 1999 is considered, reasons why the Australian government maintains an anti-separatist position towards West Papua are unclear. Australia took a …

Education And Training Of Specialist Sexual Offence Investigators In Victoria, Australia From 2009 To 2011, Jennifer Anne Turnley

Theses: Doctorates and Masters

The topic of training specifically designed for investigators of sexual offences has received little attention from academic researchers to date. Previous studies have not described training provided to police investigators of sexual offences in Australia. This thesis developed Turnley’s Framework for the Examination of Police Training in Sexual Assault Investigation, to examine and describe a Sexual Offences and Child Abuse Investigative Teams (SOCIT) Course, provided to Victorian Police from 2009 to 2011. This entailed triangulation of findings from non-participant observations of one SOCIT Course, with quantitative and qualitative data sourced though an in-depth interview with course trainers; feedback sheets voluntarily …

Legal Avenues For Ending Impunity For The Death Of Journalists In Conflict Zones: Current And Proposed International Agreements, Kayt H. Davies, Emily Crawford

Research outputs 2013

Every bullet that kills a journalist in a warzone adds passion and urgency to calls for “something” to be done to better protect frontline media workers. International humanitarian law (the body of law that includes the Geneva Conventions) offers some avenues for legal redress, but problems with compliance and policing have contributed to a sense of impunity among perpetrators of these crimes. Consequently, calls for additional laws have reemerged. This article analyzes the current legal protections, examines a proposed new international convention, and discusses obstacles to ending impunity. It also analyzes whether a new convention would be a useful addition …

Reconceputualising Security Strategies For Courts: Developing A Typology For Safer Court Environments, Anne Wallace, Deborah Blackman, Emma Rowden

Research outputs 2013

There have been heightened concerns about security in courts in recent years, prompting a strong response that has largely been focused on perimeter security. This paper draws on recent research conducted in Australian on court user’s safety needs, to propose a typology for designing safer courtroom environments that moves beyond the entry point to the court, and incorporates consideration of process and design elements.

The Political Origins And Development Of Australia’S People Smuggling Legislation: Evil Smugglers Or Extreme Rhetoric?, Jack H. Smit

Theses: Doctorates and Masters

This thesis explores the Australian State response to the voyage facilitators of maritime asylum seekers, commonly known as ‘people smugglers’. It does so by examining a number of Parliamentary debates and previously confidential Cabinet papers. Negative depictions of asylum seekers and their voyage facilitators as well as the prevailing political discourse is critically explored while Parliamentary debates are analysed using Critical Discourse Analysis. The research questions the ways Australian legislators justified the criminalisation of these voyage facilitators and investigates whether political elites were sufficiently informed about the circumstances of maritime asylum seeker journeys and the unique nature of their travel …

The Development Of A Video Task Of Remedial Behaviour To Use In Communication Training Of Health Professionals With Specific Reference To Open Disclosure Practice, Dianne Mckillop, Alfred Allan, Julian Dooley

Research outputs pre 2011

The National Open Disclosure Standard requires health professionals (hereafter professionals) to disclose errors in the course of their practice. There is, however, evidence that some professionals are reluctant to do so because they are uncertain about how to engage in open disclosure communications in general and, specifically, how to do it in a legally appropriate manner. One way of addressing this problem is to train professionals in disclosing errors to patients and their families in ways that meet their psychological needs as well as the legal requirements. Although preferable, the comprehensive training of all professionals in appropriate open disclosure practices …

Where Are The Active Citizens Of Tomorrow? We Need Them Now..., Margaret E. Piasecka

Theses: Doctorates and Masters

In 1997, Hindess labelled the gap between governments and citizens the democratic deficit. This gap, or deficit, has arisen over a long time period as a result of public scandals, perceptions of poor performance and poor economies. Local governments around the world are now attempting to regain community respect and support - the unstated mandate for governance - and seeking to implement government policies relating to concepts variously described as community engagement, capacity building, active citizenship or public/citizen participation. This thesis has identified a methodology for finding people who are motivated to act in the public interest in one local …

Developing Practice Or Management Struggle? Barriers To Effective Youth Work Practice With Young Women Living With Violence [Thesis], Judith Kulisa

Theses: Doctorates and Masters

The research process described in this thesis brought to consciousness, for myself, the researcher, and for the youth work practitioners involved, the limitations placed upon their ability to practice effective youth work by the divergent understanding of `youth work' held by those responsible for either managing or funding the services in which they worked. The study set out to discover why youth work practitioners were not identifying or responding to the needs of young women living with violence at home. The study sought to identify the problem and then to formulate practical strategies to enhance youth worker knowledge and skills …