Professor John Anderson
Professor
School of Law and Justice (Law)
- Email:john.anderson@newcastle.edu.au
- Phone:(02) 4921 7099
Career Summary
Biography
Professor Anderson practised exclusively in criminal law and reached the position of senior solicitor/advocate in the Office of the Director of Public Prosecutions (NSW) before changing to an academic career in 1997. Professor Anderson completed his PhD in 2003. His thesis involved an in-depth analysis of the natural life sentence for murder in New South Wales and the question of equal application of the law in sentencing. Professor Anderson has published various journal articles and conferences papers arising from this and other research dealing with sentencing and related aspects of the criminal justice system. Professor Anderson currently lectures in various courses taught by the Newcastle Law School, including Criminal Law and Procedure, Advanced Criminal Law, and Evidence. Professor Anderson has received ten teaching awards and citations recognising excellence in teaching at local, state and national levels. In 2010 he received the prestigious Australian Learning & Teaching Council's Teaching Excellence Award for Law, Economics, Business and Related Studies in the Australian Awards for University Teaching.
Research Expertise
The overarching concept of Professor Anderson's research scholarship is related to questions of unfairness and inequity in the criminal justice system, particularly the sentencing of offenders and treating like cases alike. This extends to the integration of forms of restorative justice and practice in the legal system. In addition, he has developed a research interest in relation to the legal framework for the crime of arson and related issues involving the mental element of the offence and sentencing arson offenders. Professor Anderson also conducts research into various aspects of evidence law particularly identification evidence, tendency and context evidence, judicial discretion to exclude evidence and issue warnings about unreliable evidence. Finally, Professor Anderson is working with researchers in the Heath Behaviour Priority Research Centre and is a Chief Investigator on various projects related to legal practice and health issues, including an ARC Discovery Project relating to advance personal planning and elder abuse.
Teaching Expertise
Professor Anderson teaches across a number of courses in the Newcastle Law School LLB (Hons)/Dip Leg Prac & JD/GDLP programs. These courses include Criminal Law & Procedure, Advanced Criminal Law, Evidence and Sport & the Law. Professor Anderson has received ten teaching awards and citations recognising excellence in teaching at local, state and national levels. In 2010 he received the prestigious Australian Learning & Teaching Council's Teaching Excellence Award for Law, Economics, Business and Related Studies in the Australian Awards for University Teaching.
Administrative Expertise
Professor Anderson has extensive administration expertise at school, faculty and university level. Professor Anderson was Interim Dean and Head of the Newcastle Law School from January to April 2013 and again from July 2015 to May 2016. Prior to this, he served six years as Deputy Head of School from January 2007 to December 2012 and was again Deputy Head of School from May 2014 to March 2015. He served as Program Convenor for the JD/GDLP program from April 2013 to December 2014 and as Program Convenor for the LLB(Hons) Program from January 2015 to July 2015 He was the Student Academic Conduct Officer in the Newcastle Law School from July 2006 to December 2010 during which time he investigated and adjudicated several cases of academic misconduct within the school. He was the Deputy Head of Faculty in the Faculty of Business and Law in 2019 and continues to serve on the School Executive of the Newcastle Law School.
Collaborations
Health Behaviour Priority Research Centre, College of Health, Medicine and Wellbeing, University of Newcastle.
Hunter Medical and Research Institute (HMRI), University of Newcastle
Life Imprisonment Worldwide Project, University of Nottingham, UK
Qualifications
- PhD, University of Newcastle
- Bachelor of Legal Studies, Macquarie University
Keywords
- Arson
- Court collaboration
- Criminal Justice System
- Criminal Law
- Criminal Procedure
- Identification Evidence
- Introduction to Advocacy
- Judicial discretion and warnings
- Law of evidence
- Sentencing
Languages
- English (Mother)
- German (Working)
Fields of Research
Code | Description | Percentage |
---|---|---|
480401 | Criminal law | 20 |
480506 | Litigation, adjudication and dispute resolution | 50 |
480503 | Criminal procedure | 30 |
Professional Experience
UON Appointment
Title | Organisation / Department |
---|---|
Professor | University of Newcastle Newcastle Law School Australia |
Academic appointment
Dates | Title | Organisation / Department |
---|---|---|
1/1/2005 - 1/6/2010 | Senior Lecturer | University of Newcastle School of Law Australia |
1/12/1998 - 1/12/2004 | Lecturer | University of Newcastle School of Law Australia |
1/3/1997 - 1/3/1998 | Associate Lecturer | University of Newcastle School of Law Australia |
Professional appointment
Dates | Title | Organisation / Department |
---|---|---|
1/7/2019 - 31/12/2019 | Deputy Head of Faculty | Faculty of Business and Law, The University of Newcastle Australia |
1/7/2015 - 6/5/2016 | Interim Dean and Head of School | Faculty of Business and Law, The University of Newcastle Newcastle Law School Australia |
28/1/2015 - 31/7/2015 | Program Convenor - LLB (Honours) | Faculty of Business and Law, The University of Newcastle Newcastle Law School Australia |
1/4/2013 - 31/12/2014 | Program Convenor Juris Doctor/Grad Dip Legal Practice | University of Newcastle School of Law Australia |
1/1/2007 - 25/3/2015 | Deputy Head | University of Newcastle School of Law Australia |
1/7/2006 - 31/12/2010 | Student Academic Conduct Officer | Faculty of Business and Law, The University of Newcastle Newcastle Law School Australia |
1/7/1993 - 1/7/1995 | Senior Solicitor/Advocate | Office of the Director of Public Prosecutions, NSW Australia |
1/2/1988 - 1/7/1993 | Solicitor | Office of the Director of Public Prosecutions, NSW Newcastle Regional Office Australia |
Awards
Award
Year | Award |
---|---|
2019 |
Excellence in Teaching Award – LAWS4004 Evidence 2018. Newcastle Law School, University of Newcastle, Australia |
Professional
Year | Award |
---|---|
2018 |
Deputy Vice Chancellor (Academic) Program Convenor Merit List Office of the DVC(A), The University of Newcastle, Australia |
Recognition
Year | Award |
---|---|
2010 |
Teaching Excellence Award - Australian Awards for University Teaching Australian Learning and Teaching Council |
2009 |
Teacher Recognition Award Australian College of Educators |
2008 |
New South Wales Quality Teaching Award NSW Minister for Education and Training |
2007 |
Citation for Outstanding Contributions to Student Learning Carrick Institute for Learning and Teaching in Higher Education |
2006 |
Vice-Chancellor’s Citation for Outstanding Contributions to Student Learning University of Newcastle |
2005 |
Vice-Chancellor’s Award for Teaching Excellence University of Newcastle |
Publications
For publications that are currently unpublished or in-press, details are shown in italics.
Book (11 outputs)
Year | Citation | Altmetrics | Link |
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2021 | Anderson J, Uniform Evidence Law: Text and Essential Cases, The Federation Press, Sydney (2021) | ||
2021 | Anderson J, Murphy B, Livings B, Kukulies-Smith W, Antolak-Saper N, Daft S, Criminal Law Perspectives: From Principles to Practice, Cambridge University Press, Port Melbourne, VIC, 853 (2021) | ||
2020 | Weinstein R, Anderson J, Marychurch J, Roy J, Uniform Evidence in Australia, 3rd Edition, LexisNexis Australia, Chatswood NSW (2020) | ||
2015 | Williams N, Anderson JL, Marychurch J, Roy J, Uniform Evidence in Australia, LexisNexis Butterworths, Sydney, 1146 (2015) [A1] | Nova | |
2014 | Anderson JL, Hopkins AL, Uniform Evidence Law Guidebook, Oxford University Press, Melbourne, Australia, 384 (2014) [A2] | Nova | |
2010 | Anderson JL, Heath M, Criminal Law Guidebook: New South Wales, South Australia, Victoria, Oxford University Press, South Melbourne, VIC, 361 (2010) [A2] | ||
2009 | Anderson JL, Bayne P, Uniform Evidence Law: Text and Essential Cases, The Federation Press, Annandale, NSW, 685 (2009) [A2] | Nova | |
Show 8 more books |
Chapter (4 outputs)
Year | Citation | Altmetrics | Link | |||||
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2023 |
Anderson J, Matas D, Williams H, 'Life Imprisonment in Australia: Restoring a Hope of Release and the Phuong Ngo Case', Life Imprisonment in Asia, Springer Nature, Singapore 21-51 (2023) [B1]
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Nova | ||||||
2017 | Anderson JL, 'Judicial Warnings About Unreliable Evidence: Why, When and How?', Critical Perspectives on the Uniform Evidence Law, The Federation Press, Sydney 142-157 (2017) [B1] | Nova | ||||||
2017 | Anderson JL, 'The fraught dichotomy between context and tendency evidence in sexual assault cases - suggestions for reform', New Directions for Law in Australia: Essays in Contemporary Law Reform, Australian National University Press, Canberra, ACT 153-162 (2017) [B1] | Nova | ||||||
2016 |
Murphy BW, Anderson JL, 'Assemblage, Counter-Law and The Legal Architecture of Australian Covert Surveillance', National Security, Surveillance and Terror: Canada and Australia in Comparative Perspective, Palgrave Macmillan, Cham, Switzerland 99-127 (2016) [B1]
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Nova | ||||||
Show 1 more chapter |
Journal article (25 outputs)
Year | Citation | Altmetrics | Link | |||||
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2023 |
Islam MS, Li B, Anderson J, 'An assessment of the potential outcomes in practising restorative justice in criminal settings in Australia and the United States: a systematic review and meta-analysis', Contemporary Justice Review: Issues in Criminal, Social, and Restorative Justice, 26 262-298 (2023) [C1] Restorative justice was proposed as an alternative to the court system. Therefore, the policymakers and the researchers are keen to see how this intervention works. Many studies h... [more] Restorative justice was proposed as an alternative to the court system. Therefore, the policymakers and the researchers are keen to see how this intervention works. Many studies have evaluated restorative justice programs, but most of them lack methodological rigour leading to perform this meta-analysis. This article involves literature search and review, data collection and analysis to examine whether restorative justice is more effective than the courts in Australia and the United States (¿the US¿). To this end, it first surveyed several benchmarks as success indicators in evaluating the ¿effectiveness¿, including reducing recidivism, disposal time and costs and enhancing fair processes, and parties¿ satisfaction. After review, two outcome variables: recidivism and satisfaction were selected. The meta-analysis revealed that the restorative justice participants had 22% decreased odds (Odds Ratio = 0.78, 95% CI = 0.71, 0.86) than the court participants and restorative justice participants in the US were less likely to recidivate (OR = 0.63, 95% CI = 0.49, 0.80) than that of in Australia (OR = 0.81, 95% CI = 0.73, 0.90). Further, the study found restorative justice participants were more satisfied than the court participants (OR 1.14, 95% CI 1.07, 1.21), and the court participants experienced the first re-offence more quickly after referral than the restorative justice participants (18 months vs 25 months).
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Nova | ||||||
2023 | Anderson J, Bagaric M, Murphy B, 'Correcting the Manifest Error that is the Approach to Manifest Error in Sentencing Appeals', University of New South Wales Law Journal, 46 (2023) [C1] | Nova | ||||||
2023 | Anderson J, Williams H, 'Murder and Mandatory Life in New South Wales: The Puzzling Application of s 61 of the Crimes (Sentencing Procedure) Act', Criminal Law Journal, 46 289-300 (2023) [C1] | Nova | ||||||
2022 |
Anderson J, Murphy B, Bagaric M, 'The Curious Role of COVID-19 in Sentencing: The Relevance and Mitigating Weight of Ill Health and Harsh Prison Conditions', Monash University Law Review, 47 (2022) [C1]
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Nova | ||||||
2022 | Anderson J, Bagaric M, Murphy B, 'Conditioning Sentencing to prevent double punishment of offenders who commit offences while on conditional liberty', Melbourne University Law Review, 46 1-33 (2022) [C1] | Nova | ||||||
2021 |
Rego R, Anderson J, 'Due process implications of law enforcement agencies using Investigative Genetic Genealogy to solve serious crimes', Alternative Law Journal, 46 307-313 (2021) [C1] Investigative Genetic Genealogy (IGG) has opened up new frontiers in the search for the perpetrators of serious crimes. The pool of data held by consumer DNA databases has enabled... [more] Investigative Genetic Genealogy (IGG) has opened up new frontiers in the search for the perpetrators of serious crimes. The pool of data held by consumer DNA databases has enabled law enforcement agencies to undertake database matching to find biological relatives of an unknown perpetrator. This relatively new forensic practice is not, however, without concerns when benchmarked against established norms of investigative practice and criminal procedure. The critical questions emerge: how should IGG be used and in what circumstances? In this article, we contend that the current laws in Australia are not capable of regulating IGG appropriately and legislative reform is required.
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Nova | ||||||
2019 |
Elton A, Anderson JL, Jose J, Maguire A, 'Mandatory Practices and the Transformation of Due Process', Monash University Law Review, 44 621-657 (2019) [C1]
|
Nova | ||||||
2019 |
Anderson JL, 'Recidivism of paroled murderers as a factor in the utility of life imprisonment', Current Issues in Criminal Justice, 31 255-268 (2019) [C1]
|
Nova | ||||||
2019 | Anderson J, 'Vulnerability of Elders to Physical Harm and Death: Criminal Law Responses', Australian Law Journal, 93 631-641 (2019) [C1] | Nova | ||||||
2018 |
Anderson JL, Ross N, 'A Restorative City for New South Wales - Could Newcastle be a Model?', Journal of Judicial Administration, 27 74-91 (2018) [C1]
|
Nova | ||||||
2016 |
Murphy B, Anderson J, 'Confessions to Mr Big: A new rule of evidence?', The International Journal of Evidence & Proof, 20 29-48 (2016) [C1]
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Nova | ||||||
2016 |
Anderson JL, ''Playing with Fire': Contemporary Fault Issues in the enigmatic crime of arson', University of New South Wales Law Journal, 39 950-974 (2016) [C1]
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Nova | ||||||
2014 |
Murphy B, Anderson J, 'After the Serpent Beguiled Me: Entrapment and Sentencing in Australia and Canada', QUEENS LAW JOURNAL, 39 621-654 (2014) [C1]
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Nova | ||||||
2012 |
Anderson JL, 'The label of life imprisonment in Australia: A principled or populist approach to an ultimate sentence', The University of New South Wales Law Journal, 35 747-778 (2012) [C1]
|
Nova | ||||||
2011 |
Lansdell GT, Anderson JL, King MS, ''Terror among the gum trees' - Is our criminal legal framework adequate to curb the peril of bushfire arson in Australia?', Psychiatry, Psychology and Law, 18 357-377 (2011) [C1]
|
Nova | ||||||
2008 | Anderson JL, 'Identification evidence: Proof and doubt: An experiential teaching and learning strategy to promote deep analytical understanding combined with incremental development of practical legal skills', Journal of the Australasian Law Teachers Association, 1 123-139 (2008) [C1] | Nova | ||||||
2007 | Murphy BW, Anderson JL, ''Mates, Mr Big and the unwary': Ongoing supply and its relationship to entrapment', Current Issues in Criminal Justice, 19 5-33 (2007) [C1] | Nova | ||||||
2007 | Anderson JL, 'The standard non-parole period as a 'reference point' in sentencing', Criminal Law News, 14 15-16 (2007) [C2] | |||||||
2006 |
Anderson JL, ''Indefinite, Inhumane, Inequitable' - the principle of equal application of the law and the natural life sentence for murder: A reform agenda', The University of New South Wales Law Journal, 29 139-172 (2006) [C1]
|
Nova | ||||||
2006 |
Anderson JL, 'Standard minimum sentencing and guideline judgments: An uneasy alliance in the way of the future', Criminal Law Journal, 30 203-222 (2006) [C1]
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Nova | ||||||
2006 | Anderson JL, 'Sentencing and the unlikely scholar', Newcastle Law Review, 9 99-108 (2006) [C1] | |||||||
2004 | Anderson JL, 'Smoke gets in your mind: the legal framework for the crime of arson', Criminal Law Journal, 28 26-42 (2004) [C1] | Nova | ||||||
2004 | Anderson JL, 'Leading steps aright: Judicial guideline judgments in New South Wales', Current Issues in Criminal Justice, 16 140-159 (2004) [C1] | Nova | ||||||
1998 | Anderson JL, 'Case and Comment : Pantaja', Criminal Law Journal, 22 39-43 (1998) [C2] | |||||||
1998 | Anderson JL, 'Casenote: R v Brendan Kelly Smith', The Newcastle Law Review, 2 92-99 (1998) [C2] | |||||||
Show 22 more journal articles |
Conference (18 outputs)
Year | Citation | Altmetrics | Link | ||
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2022 |
Anderson J, Williams H, Matas D, 'Life Imprisonment in NSW - Human Rights and The Phuong Ngo Case', Adelaide, South Australia (2022)
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2021 |
Anderson J, Williams H, Matas D, 'Attempting to restore a right to hope of release: The Phuong Ngo Case', Attempting to Restore a Right to Hope of Release: The Phuong Ngo Case, Online (2021)
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2021 | Anderson J, Williams H, 'Murder and Mandatory Life in NSW: The puzzling application of s 61 Crimes (Sentencing Procedure) Act', Murder and Mandatory Life in NSW: The Puzzling Application of s 61 Crimes (Sentencing Procedure) Act, Online (2021) | ||||
2012 | Anderson JL, Berman M, Bar-Morh H, 'Court is in session: Integrating the courtroom experience into the Law school classroom', Law Abstracts. Ninth Annual International Conference on Law, Athens, Greece (2012) [E3] | ||||
2010 | Anderson JL, 'Informing the public about sentencing. Labelling 'Life' as a mandatory sentence: Effective denunciation or misleading populism?', Sentencing Conference 2010: Proceedings, Canberra (2010) [E2] | Nova | |||
2006 | Anderson JL, 'Guideline judgements and standard minimum sentencing - an uneasy alliance in teh Way of the future', http://law.anu.edu.au/nissl/sentencing.htm, Canberra ACT (2006) [E2] | ||||
1999 | Anderson JL, 'From Marble to Mud: The Punishment of Life Imprisonment', History of Crime, Policing and Punishment, ANU, Canberra (1999) [E2] | ||||
1998 | Anderson JL, 'Sentencing for 'Life' in NSW', Crime, Criminology and Justice: Current Trends and Future Directions, Surface Paradise, Queensland (1998) [E2] | ||||
Show 15 more conferences |
Media (1 outputs)
Year | Citation | Altmetrics | Link | ||
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2020 |
Rego R, Anderson J, 'Thinking of giving your DNA to a genealogy company? You might want to think again', (2020)
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Other (5 outputs)
Year | Citation | Altmetrics | Link | ||
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2020 |
Anderson J, Matas D, 'Homicide', (2020)
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2019 |
Anderson J, Ries N, Mansfield E, McCarthy S, 'Identifying and Acting on Elder Abuse: A Toolkit for Legal Practitioners', Identifying and Acting on Elder Abuse: A Toolkit for Legal Practitioners (2019)
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2019 | Anderson J, 'Review of Sentencing for Murder', (2019) | ||||
Show 2 more others |
Thesis / Dissertation (3 outputs)
Year | Citation | Altmetrics | Link |
---|---|---|---|
2022 | Brown A, The Regulation of the Supply of Alcohol in New South Wales: A Case of Regulatory Capture?, University of Newcastle (2022) | ||
2021 | Holt V, Can Power Be Regulated in a Neoliberal Age? A Theoretical Best-Practice Model for an Australian Federal Anti-Corruption Commission, University of Newcastle (2021) | ||
2015 | Murphy BW, Zone of Impeachment: A Post-Foucauldian Analysis of Controlled Operations Law and Policy, University of Newcastle (2015) |
Grants and Funding
Summary
Number of grants | 25 |
---|---|
Total funding | $757,803 |
Click on a grant title below to expand the full details for that specific grant.
20221 grants / $2,450
CHSF Conference Travel Grant$2,450
Funding body: College of Human and Social Futures | University of Newcastle
Funding body | College of Human and Social Futures | University of Newcastle |
---|---|
Scheme | CHSF - Conference Travel Scheme |
Role | Lead |
Funding Start | 2022 |
Funding Finish | 2022 |
GNo | |
Type Of Funding | Internal |
Category | INTE |
UON | N |
20211 grants / $2,500
Research Output Scheme Funding$2,500
Funding body: College of Human and Social Futures, University of Newcastle
Funding body | College of Human and Social Futures, University of Newcastle |
---|---|
Scheme | 2021 CHSF Research Output Scheme |
Role | Lead |
Funding Start | 2021 |
Funding Finish | 2021 |
GNo | |
Type Of Funding | Internal |
Category | INTE |
UON | N |
20191 grants / $573,894
Taking action: Increasing Advance Personal Planning by older adults$573,894
Funding body: ARC (Australian Research Council)
Funding body | ARC (Australian Research Council) |
---|---|
Project Team | Doctor Jamie Bryant, Professor John Anderson, Emeritus Professor Kichu Nair, Doctor Christopher Oldmeadow, Laureate Professor Robert Sanson-Fisher, Associate Professor Nola Ries, Conjoint Professor Andrew Searles, Doctor Amy Waller |
Scheme | Discovery Projects |
Role | Investigator |
Funding Start | 2019 |
Funding Finish | 2022 |
GNo | G1701610 |
Type Of Funding | C1200 - Aust Competitive - ARC |
Category | 1200 |
UON | Y |
20181 grants / $8,000
Newcastle as a Restorative City$8,000
Funding body: Ian Potter Foundation
Funding body | Ian Potter Foundation |
---|---|
Project Team | Professor Tania Sourdin, Doctor Nicola Ross, Professor John Anderson |
Scheme | Conference Grant |
Role | Investigator |
Funding Start | 2018 |
Funding Finish | 2018 |
GNo | G1700771 |
Type Of Funding | C3200 – Aust Not-for Profit |
Category | 3200 |
UON | Y |
20174 grants / $103,489
Restorative justice initiatives in the Hunter and Newcastle’s proclamation as a Restorative City$54,712
Funding body: NED Foundation
Funding body | NED Foundation |
---|---|
Project Team | Professor John Anderson, Professor Tania Sourdin, Doctor Nicola Ross |
Scheme | Research Grant |
Role | Lead |
Funding Start | 2017 |
Funding Finish | 2020 |
GNo | G1701082 |
Type Of Funding | C3200 – Aust Not-for Profit |
Category | 3200 |
UON | Y |
Action on Elder Abuse: A pilot project to improve screening and intervention through health-legal collaboration$27,273
Funding body: NSW Department of Family and Community Services
Funding body | NSW Department of Family and Community Services |
---|---|
Project Team | Prof NOLA Ries, Professor John Anderson, Doctor Elise Mansfield, Doctor Shaun McCarthy |
Scheme | Research Grant |
Role | Lead |
Funding Start | 2017 |
Funding Finish | 2018 |
GNo | G1700701 |
Type Of Funding | C2300 – Aust StateTerritoryLocal – Own Purpose |
Category | 2300 |
UON | Y |
Action on Elder Abuse: A pilot project to improve screening and intervention through health/legal collaboration$20,000
Funding body: Faculty of Business and Law, The University of Newcastle
Funding body | Faculty of Business and Law, The University of Newcastle |
---|---|
Project Team | Associate Professor John Anderson, Associate Professor Nola Ries, Mr Shaun McCarthy, Dr Elise Mansfield |
Scheme | Priority Initiative Research Funding |
Role | Lead |
Funding Start | 2017 |
Funding Finish | 2018 |
GNo | |
Type Of Funding | Internal |
Category | INTE |
UON | N |
A Restorative City for New South Wales: Could Newcastle be a Model?$1,504
The city of Newcastle in New South Wales has faced significant challenges in the last two decades due to the erosion of traditional industry and employment opportunities. It is undergoing much needed urban renewal in the city’s CBD, but this needs to be accompanied by developing strategies for social, cultural and economic renewal to address forms of harm and pockets of disadvantage. Some residents, including young families, continue to be disadvantaged by a lack of suitable employment opportunities, and education, housing, child welfare, and criminal justice systems that do not adequately address harms and hardships, which have the potential to exclude them from opportunities open to others. Social, cultural and economic renewal could be furthered by Newcastle becoming a restorative city. A handful of restorative cities around the globe – Hull and Leeds in the UK, Oakland in the USA, Whanganui in New Zealand and Canberra – are on the path to successfully implementing strategies to promote community renewal. Restorative cities implement interdisciplinary restorative practices and restorative justice measures across a range of systems including education, justice, welfare, child protection and health to achieve positive results for residents, particularly the most vulnerable members of the community, such as children and youth. Ultimately, these cities are working towards, and achieving, a transformational change in culture and the social fabric of their cities by using mediations, conferences and relationship-building exercises to encourage the resolution of disputes and disagreements through productive communication, to address inappropriate behaviour, and to promote community wellbeing in a caring and inclusive culture. This paper considers the evidence for restorative practice and provides vignettes of the existing models and experiences of restorative cities around the world. We assert that with the right support and careful planning, we can take the lessons learned from existing restorative cities, to enhance Newcastle’s potential as an inclusive and thriving urban city.
Funding body: Faculty of Business and Law, The University of Newcastle
Funding body | Faculty of Business and Law, The University of Newcastle |
---|---|
Project Team | A/Prof John Anderson, Dr Nicola Ross |
Scheme | Conference funding |
Role | Lead |
Funding Start | 2017 |
Funding Finish | 2017 |
GNo | |
Type Of Funding | Internal |
Category | INTE |
UON | N |
20164 grants / $40,694
Evidence-based Law & Practice Priority Research Initiative$20,000
The Evidence-based Law and Practice (ELP) Priority Research Initiative will provide a coherent organising theme for research activity to be conducted within four thematic areas: Legal Education, Equity & Scholarship; Health, Justice & Social Affairs; Human Rights & International Affairs; and Business, Regulation & Compliance. The work undertaken as part of this PRI will help build a distinctive and innovative profile for research at Newcastle Law School. The PRI will enable us to become leaders in building a research space around the evidence-based theme, expand our research collaborations and impacts, and build our research capacity, including developing advanced research skills and attracting and mentoring research higher degree students and early career researchers.
The ELP PRI will support and advance;
• high quality scholarship across four thematic research areas;
• robust and diverse research methods;
• research that connects law and other disciplines; and
• research that asks and answers questions that will have impacts within and beyond academia, including contributions to law reform, public policy, professional practice and, more broadly, to society, the economy, culture and the environment.
Funding body: Faculty of Business and Law, The University of Newcastle
Funding body | Faculty of Business and Law, The University of Newcastle |
---|---|
Project Team | Nola Ries |
Scheme | Priority Research Initiative |
Role | Investigator |
Funding Start | 2016 |
Funding Finish | 2017 |
GNo | |
Type Of Funding | Internal |
Category | INTE |
UON | N |
A Restorative City for New South Wales: Could Newcastle be a Model?$10,712
A restorative city is one in which restorative justice and restorative practices are implemented widely throughout the life of the city. Restorative justice has traditionally been associated with criminal justice systems, where techniques such as victim-offender mediations, restorative justice conferencing and re-integrative shaming are employed. These techniques bring the offender, victim, community members and other interested parties together to discuss the offending, and propose ways forward which heal the victim and the community, while reintegrating the offender into the community. Restorative cities go further by introducing restorative practices throughout the community: in education, in social services, in law enforcement, and in workplaces. Mediations, conferences and relationship-building exercises are used to encourage the resolution of disputes and disagreements through communication, to address inappropriate behaviour, and to promote a caring and inclusive culture.
Restorative cities have many positive impacts in the community. The introduction of restorative justice into criminal systems has resulted in less offending, less recidivism and greater participant satisfaction with the process by all parties including those offended against. In schools, students learn how to build relationships, solve disputes and understand other points of view. This leads to higher attendance, improved educational outcomes and improved school culture. Workplaces that engage with restorative practices are more productive. Restorative cities are safer, happier, hopeful places where community spirit is restored and the social fabric of the city transformed.
Mary Porter AM recently moved to the Newcastle area. Mary is a former member of the ACT Legislative Assembly, who is committed to community development. She played a pivotal role in the movement to transform Canberra into a Restorative City. Mary had a similar vision for the transformation of Newcastle and approached Newcastle Law School to partner with her to undertake this. Newcastle Law School’s newly appointed Dean, Professor Sourdin is an international expert in dispute resolution. Associate Professor John Anderson, who teaches evidence and criminal law, and Dr Nicola Ross, who teaches family and child law, have long-standing interests in restorative justice and practices, as does Shaun McCarthy, Director of the University of Newcastle Legal Centre.
Newcastle has pockets of disadvantage in relation to unemployment, income, education, housing, child welfare, and criminal justice. It has recently faced challenges due to the erosion of traditional industry & employment opportunities. While plans are underway for urban renewal in the city’s CBD, Newcastle is also in need of social, cultural and economic renewal. A significant contribution to this broad renewal could be made through Newcastle becoming a restorative city.
The support of key stakeholders is required to achieve the transformation of Newcastle into a restorative city. In other restorative cities, these stakeholders include community members from the criminal justice system, government, education, health, business, and community welfare. Assembling a task force to carry the project forward is the first step. Co-ordination with key stakeholders is required to introduce restorative practices throughout the community.
Other restorative cities have commenced by introducing restorative practices into organisations that work with children and young people, such as schools, child and community welfare organisations, and the youth justice system. This strategy aims to ensure all children become experts in restorative practices, to ensure that tomorrow’s leaders are able to participate in strong, inclusive communities, and are ready to face the many challenges undoubtedly ahead.
Funding body: Nurturing Evolutionary Development Inc (NED Foundation)
Funding body | Nurturing Evolutionary Development Inc (NED Foundation) |
---|---|
Project Team | Dr Nicola Ross, Professor Tania Sourdin, Associate Professor John Anderson, Mr Shaun McCarthy |
Scheme | Community Project Grant |
Role | Investigator |
Funding Start | 2016 |
Funding Finish | 2018 |
GNo | |
Type Of Funding | Grant - Aust Non Government |
Category | 3AFG |
UON | N |
Faculty of Business and Law – Publication Award Scheme (for ‘A1’ book publication)$5,000
Funding body: Faculty of Business and Law University of Newcastle
Funding body | Faculty of Business and Law University of Newcastle |
---|---|
Project Team | John Anderson |
Scheme | Publication Award Scheme |
Role | Lead |
Funding Start | 2016 |
Funding Finish | 2017 |
GNo | |
Type Of Funding | Internal |
Category | INTE |
UON | N |
Publication Award Scheme (for ‘A*’ journal and ‘A1’ book publication)$4,982
- Faculty of Business and Law – Publication Award Scheme (for ‘A*’ journal and ‘A1’ book publication) research assistance for Criminal Law Guidebook (2nd ed): Total = $4982 [January – April 2016].
Funding body: Faculty of Business and law, The University of Newcastle
Funding body | Faculty of Business and law, The University of Newcastle |
---|---|
Project Team | John Anderson |
Scheme | Publication Award Scheme |
Role | Lead |
Funding Start | 2016 |
Funding Finish | 2016 |
GNo | |
Type Of Funding | Internal |
Category | INTE |
UON | N |
20122 grants / $10,000
Conference Travel Grant$5,000
Funding body: University of Newcastle - Faculty of Business and Law
Funding body | University of Newcastle - Faculty of Business and Law |
---|---|
Project Team | Professor Myra Berman |
Scheme | Conference Travel Grant Scheme |
Role | Investigator |
Funding Start | 2012 |
Funding Finish | 2012 |
GNo | |
Type Of Funding | Internal |
Category | INTE |
UON | N |
Research Assistance$5,000
Funding body: University of Newcastle - Faculty of Business and Law
Funding body | University of Newcastle - Faculty of Business and Law |
---|---|
Project Team | John Anderson |
Scheme | Teaching Development Program Grant |
Role | Lead |
Funding Start | 2012 |
Funding Finish | 2012 |
GNo | |
Type Of Funding | Internal |
Category | INTE |
UON | N |
20101 grants / $1,027
Conference Travel Grant$1,027
Funding body: University of Newcastle - Faculty of Business and Law
Funding body | University of Newcastle - Faculty of Business and Law |
---|---|
Project Team | John Anderson |
Scheme | Conference Travel Grant Scheme |
Role | Lead |
Funding Start | 2010 |
Funding Finish | 2010 |
GNo | |
Type Of Funding | Internal |
Category | INTE |
UON | N |
20091 grants / $6,003
Research Project Grant$6,003
Funding body: Law Foundaton of New South Wales
Funding body | Law Foundaton of New South Wales |
---|---|
Project Team | John Anderson |
Scheme | Legal Scholarship Support Fund |
Role | Lead |
Funding Start | 2009 |
Funding Finish | 2009 |
GNo | |
Type Of Funding | Other Public Sector - State |
Category | 2OPS |
UON | N |
20082 grants / $2,900
Australian Law Teachers Associaton Conference 2008, James Cook University, Cairns Campus, 6/7/2008 - 9/7/2008$1,700
Funding body: University of Newcastle
Funding body | University of Newcastle |
---|---|
Project Team | Professor John Anderson |
Scheme | Travel Grant |
Role | Lead |
Funding Start | 2008 |
Funding Finish | 2008 |
GNo | G0189144 |
Type Of Funding | Internal |
Category | INTE |
UON | Y |
Research Assistance$1,200
Funding body: University of Newcastle - Faculty of Business and Law
Funding body | University of Newcastle - Faculty of Business and Law |
---|---|
Project Team | John Anderson |
Scheme | Once-off Funding Grant for Research |
Role | Lead |
Funding Start | 2008 |
Funding Finish | 2008 |
GNo | |
Type Of Funding | Internal |
Category | INTE |
UON | N |
20071 grants / $1,200
Research Assistance$1,200
Funding body: University of Newcastle - Faculty of Business and Law
Funding body | University of Newcastle - Faculty of Business and Law |
---|---|
Project Team | John Anderson |
Scheme | Once-off Research Funding for DEST Publications |
Role | Lead |
Funding Start | 2007 |
Funding Finish | 2007 |
GNo | |
Type Of Funding | Internal |
Category | INTE |
UON | N |
20061 grants / $205
Sentencing: Principals, Perspectives, Possibilities, 10-12 February 2006$205
Funding body: University of Newcastle
Funding body | University of Newcastle |
---|---|
Project Team | Professor John Anderson |
Scheme | Travel Grant |
Role | Lead |
Funding Start | 2006 |
Funding Finish | 2006 |
GNo | G0186153 |
Type Of Funding | Internal |
Category | INTE |
UON | Y |
20041 grants / $1,729
Conference Travel Grant$1,729
Funding body: Law Foundaton of New South Wales
Funding body | Law Foundaton of New South Wales |
---|---|
Project Team | John Anderson |
Scheme | Legal Scholarship Support Fund |
Role | Lead |
Funding Start | 2004 |
Funding Finish | 2004 |
GNo | |
Type Of Funding | Other Public Sector - State |
Category | 2OPS |
UON | N |
20032 grants / $2,249
Conference Travel Grant$1,649
Funding body: Law Foundaton of New South Wales
Funding body | Law Foundaton of New South Wales |
---|---|
Project Team | John Anderson |
Scheme | Legal Scholarship Support Fund |
Role | Lead |
Funding Start | 2003 |
Funding Finish | 2003 |
GNo | |
Type Of Funding | Other Public Sector - State |
Category | 2OPS |
UON | N |
Conference Travel Grant$600
Funding body: Law Foundaton of New South Wales
Funding body | Law Foundaton of New South Wales |
---|---|
Project Team | John Anderson |
Scheme | Legal Scholarship Support Fund |
Role | Lead |
Funding Start | 2003 |
Funding Finish | 2003 |
GNo | |
Type Of Funding | Other Public Sector - State |
Category | 2OPS |
UON | N |
19991 grants / $893
Conference Travel Grant$893
Funding body: Law Foundaton of New South Wales
Funding body | Law Foundaton of New South Wales |
---|---|
Project Team | John Anderson |
Scheme | Legal Scholarship Support Fund |
Role | Lead |
Funding Start | 1999 |
Funding Finish | 1999 |
GNo | |
Type Of Funding | Other Public Sector - State |
Category | 2OPS |
UON | N |
19981 grants / $570
Conference Travel Grant$570
Funding body: Law Foundaton of New South Wales
Funding body | Law Foundaton of New South Wales |
---|---|
Project Team | John Anderson |
Scheme | Legal Scholarship Support Fund |
Role | Lead |
Funding Start | 1998 |
Funding Finish | 1998 |
GNo | |
Type Of Funding | Other Public Sector - State |
Category | 2OPS |
UON | N |
Research Supervision
Number of supervisions
Current Supervision
Commenced | Level of Study | Research Title | Program | Supervisor Type |
---|---|---|---|---|
2022 | PhD | Improving the Right of Access to Justice for Persons with Disabilities | PhD (Law), College of Human and Social Futures, The University of Newcastle | Co-Supervisor |
2020 | PhD | Restorative Justice Approach in the Criminal Justice System of Bangladesh: A Comparative Study | PhD (Law), College of Human and Social Futures, The University of Newcastle | Co-Supervisor |
2020 | PhD | Road to Freedom: A Critical Analysis of Post-Conviction Review Mechanisms in New South Wales and Prospects for Reform | PhD (Law), College of Human and Social Futures, The University of Newcastle | Principal Supervisor |
2017 | PhD | Redefining ‘Justice’ in Mandatory Immigration Detention and Fast-track Review: Towards a New Theory of Administrative Justice | PhD (Law), College of Human and Social Futures, The University of Newcastle | Co-Supervisor |
Past Supervision
Year | Level of Study | Research Title | Program | Supervisor Type |
---|---|---|---|---|
2022 | PhD | The Regulation of the Supply of Alcohol in New South Wales: A Case of Regulatory Capture? | PhD (Law), College of Human and Social Futures, The University of Newcastle | Principal Supervisor |
2021 | PhD | Can Power Be Regulated in a Neoliberal Age? A Theoretical Best-Practice Model for an Australian Federal Anti-Corruption Commission | PhD (Law), College of Human and Social Futures, The University of Newcastle | Principal Supervisor |
2015 | PhD | Zone of Impeachment: A Post-Foucauldian Analysis of Controlled Operations Law and Policy | PhD (Law), College of Human and Social Futures, The University of Newcastle | Principal Supervisor |
Research Projects
Refugees and Human Rights 2015 -
Research within this project focuses on human rights law issues raised by Australian and global responses to refugees and people seeking asylum. This includes a study on the potential for the collective human right of self-determination to be extrapolated into the refugee context.
This is a key area of focus for Dr Maguire's column on The Conversation: https://theconversation.com/profiles/amy-maguire-129609/articles
Publications
Maguire AM, Bereicua L, Fleming A, Freeman O, 'Australia, Asylum Seekers and Crimes Against Humanity?', Alternative Law Journal, 40 185-189 (2015) [C1]
Maguire AM, 'Hard line on refugees undermines principled opposition to execution', Politics, Policy, and the chance of change: The Conversation 2015 Yearbook, Melbourne University Press, Melbourne 272-275 (2015)
McCarthy S, Maguire AM, Elton A, 'Executive Detention: Still no effective review for detainees', Alternative Law Journal, 41 249-253 (2016) [C1]
Maguire AM, 'Why does international condemnation on human rights mean so little to Australia?', The Conversation Yearbook 2016: 50 standout articles from Australia's Top Thinkers, Melbourne University Press, Melbourne 70-74 (2016)
Students
Program | Research Title |
---|---|
PhD College of Human and Social Futures |
Redefining ‘Justice’ in Mandatory Immigration Detention and Fast-track Review: Towards a New Theory of Administrative Justice |
Collaborators
Name | Organisation |
---|---|
Professor John Lance Anderson | University of Newcastle |
Emeritus Professor Jim William Jose | University of Newcastle |
Life Imprisonment Worldwide 2016 -
Initially funded by a grant from the Leverhulme Trust, this research project brought together an interdisciplinary team, led by Professor Dirk van Zyl Smit and Dr Catherine Appleton, to examine for the first time life imprisonment on a global scale. On the basis of the research findings, it continues to challenge practice and to advocate reform of life imprisonment worldwide.
Over the past four years, the researchers have studied the imposition and implementation of life imprisonment around the world in order to be able to understand the different types of life sentences, how many persons are sentenced to life imprisonment, which crimes attract life sentences, how such sentences are implemented, and the conditions under which prisoners serve them.
They have assessed critically the practice of life imprisonment in the light of human rights principles and standards developed by international human rights bodies and national courts. One of the main aims has been to provide clear and principled guidance to policy makers and practitioners on when and how life imprisonment, if it is used as a punishment at all, should be imposed and implemented.
The substantive research conducted by the Life Imprisonment Worldwide Project has been complemented by a campaign to increase its impact. With support from an ESRC Impact Accelerator Award, key findings of the research were published in April 2018 in a joint policy briefing on Life Imprisonment with Penal Reform International.
Associate Professor John Anderson has made a significant contribution to the project through providing the complex Australian data on life imprisonment and as a Visiting Scholar to the project at the University of Nottingham from September to November 2017.
The project has resulted in two major books on life imprisonment with Life Imprisonment: A Global Human Rights Analysis, to be published by Harvard University Press in late 2018.
Newcastle as a Restorative City 2016 -
To transform a city into a restorative city where restorative practices are implemented broadly to restore damaged relationships and manage social and community challenges across all sectors of the city involves a change in attitudes at multiple levels (personal, institutional, city) to support respectful dialogue and a preference for social inclusion and restoration where individual or institutional harm has occurred to individuals in the community. This often goes hand in hand with the development of restorative justice programs and restorative practices implemented in schools and other community organisations. Although other cities, including Canberra, have been pursuing similar goals and present important learning opportunities in relation to their various strategies, it is clear that restorative cities cannot be transplanted. Such cities must be built and grow in the context of their particular demography, citizenry, strengths and challenges.
Newcastle is the seventh largest city in Australia, with a population of over 160,000 people. Although it is experiencing urban renewal, there are questions about whether social and cultural renewal will co-occur with the much-needed economic renewal of the city. There are various ‘restorative-type’ practices occurring in different organisations and sectors of the city but there is limited sharing of experiences and strategies. We will consider the synergies existing and developing in Newcastle to progress the vision of a restorative city together with the inevitable barriers and scepticism associated with such significant social and cultural change. Even in the face of many significant hurdles to be overcome, we are optimistic that the project will gather momentum and incrementally move towards the ultimate vision of a restorative city.
The research team is comprised of:
- Dr Nicola Ross – Senior Lecturer, Newcastle Law School. Well respected and high-profile researcher in relation to child protection and issues affecting family cohesion and welfare in Australia and international contexts. She has published widely on the legal constructs of children and their voices in autonomous decision-making.
- Dr John Anderson – Associate Professor, Newcastle Law School. Leading and experienced criminal law and justice scholar who principally researches and publishes in the areas of sentencing and evidence. His scholarship has an overarching concern with equity and fairness in the criminal justice system. He has effectively collaborated with various scholars and practitioners both in Australia and internationally.
This project has so far resulted in two conference presentations, one peer review journal article and will be hosting an international symposium over two days in June 2018.
Grants
A Restorative City for New South Wales: Could Newcastle be a Model?
Funding body: Nurturing Evolutionary Development Inc (NED Foundation)
Funding body | Nurturing Evolutionary Development Inc (NED Foundation) |
---|---|
Description | A restorative city is one in which restorative justice and restorative practices are implemented widely throughout the life of the city. Restorative justice has traditionally been associated with criminal justice systems, where techniques such as victim-offender mediations, restorative justice conferencing and re-integrative shaming are employed. These techniques bring the offender, victim, community members and other interested parties together to discuss the offending, and propose ways forward which heal the victim and the community, while reintegrating the offender into the community. Restorative cities go further by introducing restorative practices throughout the community: in education, in social services, in law enforcement, and in workplaces. Mediations, conferences and relationship-building exercises are used to encourage the resolution of disputes and disagreements through communication, to address inappropriate behaviour, and to promote a caring and inclusive culture. Restorative cities have many positive impacts in the community. The introduction of restorative justice into criminal systems has resulted in less offending, less recidivism and greater participant satisfaction with the process by all parties including those offended against. In schools, students learn how to build relationships, solve disputes and understand other points of view. This leads to higher attendance, improved educational outcomes and improved school culture. Workplaces that engage with restorative practices are more productive. Restorative cities are safer, happier, hopeful places where community spirit is restored and the social fabric of the city transformed. Mary Porter AM recently moved to the Newcastle area. Mary is a former member of the ACT Legislative Assembly, who is committed to community development. She played a pivotal role in the movement to transform Canberra into a Restorative City. Mary had a similar vision for the transformation of Newcastle and approached Newcastle Law School to partner with her to undertake this. Newcastle Law School’s newly appointed Dean, Professor Sourdin is an international expert in dispute resolution. Associate Professor John Anderson, who teaches evidence and criminal law, and Dr Nicola Ross, who teaches family and child law, have long-standing interests in restorative justice and practices, as does Shaun McCarthy, Director of the University of Newcastle Legal Centre. Newcastle has pockets of disadvantage in relation to unemployment, income, education, housing, child welfare, and criminal justice. It has recently faced challenges due to the erosion of traditional industry & employment opportunities. While plans are underway for urban renewal in the city’s CBD, Newcastle is also in need of social, cultural and economic renewal. A significant contribution to this broad renewal could be made through Newcastle becoming a restorative city. The support of key stakeholders is required to achieve the transformation of Newcastle into a restorative city. In other restorative cities, these stakeholders include community members from the criminal justice system, government, education, health, business, and community welfare. Assembling a task force to carry the project forward is the first step. Co-ordination with key stakeholders is required to introduce restorative practices throughout the community. Other restorative cities have commenced by introducing restorative practices into organisations that work with children and young people, such as schools, child and community welfare organisations, and the youth justice system. This strategy aims to ensure all children become experts in restorative practices, to ensure that tomorrow’s leaders are able to participate in strong, inclusive communities, and are ready to face the many challenges undoubtedly ahead. |
Scheme | Community Project Grant |
Newcastle as a Restorative City
Funding body: Ian Potter Foundation
Funding body | Ian Potter Foundation |
---|---|
Project Team | Professor Tania Sourdin, Doctor Nicola Ross, Professor John Anderson |
Scheme | Conference Grant |
Publications
Anderson JL, Ross N, 'A Restorative City for New South Wales - Could Newcastle be a Model?', Journal of Judicial Administration, 27 74-91 (2018) [C1]
Collaborators
Name | Organisation |
---|---|
Doctor Nicola Mary Ross | University of Newcastle |
Professor Tania Michelle Sourdin | University of Newcastle |
Action on Elder Abuse 2017 -
This project will bring together health and legal service providers in the Newcastle and Hunter regions of New South Wales to design and pilot test an intervention to support elder abuse screening for community-dwelling older adults and the use of referral pathways for timely and effective action to address suspected situations of abuse. The intervention will be piloted with: legal practitioners recruited from law firms and community legal centres; and healthcare providers recruited from a general medical practice and aged care assessment teams (ACATs). Feedback from the pilot will inform the development of a specific screening tool, which will also be designed to identify older adults at risk of abuse so that preventative measures can also be considered as part of an overall action strategy in relation to appropriate referral pathways and support mechanisms.
AIMS:
(1) To examine legal practitioners’ and healthcare providers’ knowledge and attitudes in relation to screening for and acting on situations of elder abuse; and
(2) To examine the feasibility and acceptability of an elder abuse screening and interprofessional
workshop intervention delivered through legal practices, a general medical practice and ACATs, including:
(a) practitioners’ satisfaction with interprofessional, health-legal training on elder abuse screening and action;
(b) feasibility and acceptability of a brief elder abuse screening tool for legal practitioners and healthcare providers; and
(c) the use of local and state resources and referral pathways to deal with both ongoing and potential elder abuse situations.
METHODS:
Study design, setting, and participants: A large general medical practice in the Newcastle region has agreed to participate in this project and a minimum of three ACATs within the area health service and approximately ten local legal practitioners will also be recruited to participate. Eligible participants will be agreeable to: participating in a half-day interprofessional training workshop; incorporating a brief elder abuse screening tool into their practice; and completing several short surveys over the course of the project. Participants will include legal practitioners, especially those whose practice focuses on wills, estates and elder law (identified from the NSW Law Society membership records and the Committee on Elder Law, Capacity and Succession); general medical practitioners, nursing professionals, and social workers. The study will have three main steps:
Step 1 - Selection of an elder abuse screening tool: The research team has already undertaken an international-in-scope literature review to identify existing questionnaire tools used to screen for elder abuse among community-dwelling older adults.[i] Such tools ask questions like: “Has anyone tried to force you to sign papers or to use your money against your will?”; “Do you trust most of the people in your family?”; “Have you relied on people for any of the following: bathing, dressing, shopping, banking, or meals?”; “Have you been upset because someone talked to you in a way that made you feel shamed or threatened?” We have also identified and examined ‘legal-health checks’ developed by community legal service providers for use by health practitioners to screen patients for legal concerns.[ii] We have also examined the risk factor assessment checklists available as part of the NSW Elder Abuse Toolkit at the NSW Elder Abuse Helpline and Resource Unit website, which provide useful information to assist in developing standardised questions to allow legal and health professionals to begin a conversation with older adults about existing or potential elder abuse. In consultation with our project advisory committee (described below), we will select a set of screening questions for use in our pilot project. The choice of tool will be guided by strengths and limitations reported in the literature, including a need to balance ease of use with accuracy and comprehensiveness, as well as appropriateness of questions for clients who may have some degree of cognitive impairment. Our aim in this step is to overcome the barrier of what questions to be asked by using the available literature, information and existing tools to develop a short series of questions that represent the best medium for accurate and comprehensive screening of older adults for existing or potential elder abuse.
Step 2 – Interprofessional workshop and resources for participating care providers: In collaboration with the Hunter Dementia Alliance, the Reference Group on Elder Abuse in the Hunter and the NSW Elder Abuse Helpline and Resource Unit (who are also working with Justice Connect), we will deliver interprofessional, health-legal training workshops for the participating, legal practitioners, GP practice and ACATs. The workshop will provide education on elder abuse, how to use the screening tool, and steps to take if situations of potential or suspected abuse are detected. Attendees will be educated on Hunter-specific and state-level resources and referral pathways to support timely intervention and follow-up. These resources include those available through the NSW Elder Abuse Helpline and Resource Unit and a recently established Reference Group on Elder Abuse in the Hunter, which offers an interprofessional case consultation service for practitioners seeking guidance on how to deal with situations of potential elder abuse. The workshop will be registered with professional organisations offering Continuing Professional Development points. We have already planned an interprofessional workshop on capacity assessment scheduled for May 2017.
Step 3 – Pilot testing of the screening tool: The participating legal practices, GP practice and ACATs will incorporate the elder abuse screening questions into their consultations with older clients. Healthcare providers will add these questions to assessments they currently perform with older clients, such as the Medicare Health Assessment for Older Persons (75+). It is estimated that at least 200 older clients will be screened during a six-month pilot testing period.
Project advisory committee: We will establish a project advisory committee that includes members of the Hunter Dementia Alliance, the Reference Group on Elder Abuse in the Hunter, the Hunter Elder Abuse Interagency Collaborative, the NSW Elder Abuse Helpline and Resource Unit and consumer representatives. The Dementia Alliance and the Reference Group include geriatricians, health practitioners employed in ACATs, professional staff of the Newcastle office of Alzheimer’s Australia, and legal practitioners with expertise in elder law. This advisory committee will provide advice throughout the project.
MEASURES:
We will collect quantitative and qualitative data through voluntary surveys involving practitioners from the legal practices, the GP practice and ACATs. Participants may also be invited to take part in a focus group or follow-up interviews to further explore findings from the surveys. An interview guide or focus group questions will be developed based on the survey results. Ethics approval for all research activities will be sought from the Hunter New England Local Health District and University Ethics Committee as required.
Knowledge and attitudes in relation to screening for and acting on situations of elder abuse: Prior to the workshop, participants will be sent a link to a 10-minute online survey that will ask questions about their knowledge, attitudes and intentions concerning elder abuse (e.g., self-perceived competence in identifying and managing elder abuse situations; interest in and perceived barriers to using a screening tool; knowledge and use of existing state and local resources).
Satisfaction with interprofessional, health-legal training on elder abuse screening and action: At the end of the workshop, participants will be asked to complete a short paper survey with questions on the usefulness of the training and the resources identified, and any recommendations for improvement.
Feasibility and acceptability of a brief elder abuse screening tool: At the end of the six-month pilot testing period, participants will be sent a link to a 15-minute online survey that will seek feedback on the use of the screening tool. Data collected will include: number of clients screened; time taken to ask screening questions; impressions on use of the tool; impact on attitudes and perceived competence in relation to screening; and recommendations for improvement. We will contact participants at months two and four of the pilot testing period for an informal check on the progress of the intervention.
Use of local and state resources and referral pathways to deal with elder abuse situations: The post-intervention survey will also ask about: number of situations where potential and existing abuse was identified during the pilot period; types of abuse situations detected; local and state resources accessed; outcomes, where known (e.g., police involvement; change in accommodation and/or care arrangements for the client; preparation of new legal instruments, such as new enduring power of attorney appointments[iii]); and actual experiences with referral pathways, resources and support.
Dissemination of findings: We will analyse the data and prepare final pilot project findings that will be disseminated to reach a wide range of relevant audiences, including health and legal practitioner groups and community organisations serving older Australians at risk of elder abuse. If the screening tool is found to be good practice then we will publish the availability of the tool for broader use across NSW. We will produce: one or more scholarly articles that contribute to high-quality, peer-reviewed literature on the topic of elder abuse; articles for professional newsletters and online sources to reach health, aged care and legal practitioners; and presentations for conferences and other events.
[i] L De Donder, N De Witte, D Brosens, E Diercks and D Verte, Learning to Detect and Prevent Elder Abuse: The Need for a Valid Risk Assessment Instrument. Procedia - Social and Behavioral Sciences 2015;191:1483.
[ii] Legal Health Checks, http://legalhealthcheck.org.au/legalhealthcheck/.
[iii] Whole of Government response, above n 4, 17 (Recommendation 7 as to Powers of Attorney Act 2003 and further consideration required as to the need for changes and options to enhance safeguards in respect of powers of attorney).
Grants
Action on Elder Abuse: A pilot project to improve screening and intervention through health-legal collaboration
Funding body: NSW Department of Family and Community Services
Funding body | NSW Department of Family and Community Services |
---|---|
Project Team | Prof NOLA Ries, Professor John Anderson, Doctor Elise Mansfield, Doctor Shaun McCarthy |
Scheme | Research Grant |
Collaborators
Name | Organisation |
---|---|
Ms Nola Maria Ries | University of Newcastle |
Edit
News
News • 20 Mar 2019
First-of-its-kind resource aids legal practitioners in identifying elder abuse
As national conversations around the treatment of the elderly continue, academics from the University of Newcastle are supporting legal practitioners to act as another line of defence to better identify and combat elder abuse.
News • 18 Jul 2018
Academic Expertise in Demand
Associate Professor John Anderson sharing his expertise
News • 23 Sep 2015
John Anderson's Book Launch: Uniform Evidence in Australia
On Wednesday the 16th of September, legal scholars and practitioners came together for special event to celebrate the publication of Associate Professor John Anderson's new book 'Uniform Evidence in Australia' in collaboration with co-authors Neil Williams SC, Julia Roy and Judith Marychurch.
News • 12 Sep 2014
Where’s the Punchline?
Associate Professor John Anderson talks about "Coward Punch" laws being passed in Victoria
News • 26 Aug 2014
Mandatory sentences can’t deliver justice or stop one-punch killings
Associate Professor John Anderson discusses new "Coward Punch" laws
News • 20 Aug 2014
Anti-semitic attack proves need for racial vilification laws
Newcastle Law School academics Associate Professor John Anderson and Dr Alan Berman discuss racial vilification laws
News • 20 Aug 2014
Will those shown to be corrupt by the ICAC ever go on trial?
Associate Professor John Anderson discusses with ABC News the prospect of corrupt politicians facing jail time
News • 7 Aug 2014
The Media’s Impact on Legal Proceedings
In light of the recent trial of Gerard Baden-Clay, Associate Professor John Anderson addressed how media coverage impacts trial proceedings and outcomes in a radio interview by Matthew Dryden in late July.
Professor John Anderson
Position
Professor
School of Law and Justice
School of Law and Justice
College of Human and Social Futures
Focus area
Law
Contact Details
john.anderson@newcastle.edu.au | |
Phone | (02) 4921 7099 |
Fax | (02) 4921 6931 |
Office
Room | X-541 |
---|---|
Building | NU Space |
Location | City Campus , |