Associate Professor John Anderson

Associate Professor John Anderson

Associate Professor

Newcastle Law School (Law)

Career Summary

Biography

Dr 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. Dr 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. Dr Anderson has published several articles and conferences papers arising from this and other research dealing with sentencing and related aspects of the criminal justice system. Dr Anderson currently lectures in various courses taught by the Newcastle Law School, including Criminal Law and Procedure, Advanced Criminal Law, and Evidence. Dr Anderson has received eight 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 Dr 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. 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 offense and sentencing arson offenders. I also research in relation to various aspects of evidence law particularly identification evidence, tendency and context evidence, judicial discretion to exclude evidence and issue warnings about unreliable evidence. Dr Anderson is also 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. Finally, Dr Anderson has some research interests in the scholarship of teaching and learning and is currently working on a court collaboration project with the co-location of the new state court precinct and NeWSpace.

Teaching Expertise
Dr Anderson teaches across a number of courses in the Newcastle Law School LLB (Hons)/Dip Leg Prac & JD/GDLP programs. These courses include LAWS2004A & B - Criminal Law & Procedure Parts A & B, LAWS5003 Advanced Criminal Law, LAWS4004 Evidence (LLB (Hons)/Dip Leg Prac Program) and LAWS6004A & B - Criminal Law & Procedure, LAWS6009 Evidence and LAWS6021 Advanced Criminal Law (JD/GDLP Program).  Dr Anderson has received eight 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
Dr Anderson has extensive administration expertise at school, faculty and university level. Dr 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 is a currently an elected member of the Faculty Board of the Faculty of Business and Law and has served on the Academic Senate.

Collaborations
Health Behaviour Priority Research Centre, Faculty of Health and Medicine, 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

Fields of Research

Code Description Percentage
160299 Criminology not elsewhere classified 20
180110 Criminal Law and Procedure 60
180123 Litigation, Adjudication and Dispute Resolution 20

Professional Experience

UON Appointment

Title Organisation / Department
Associate Professor University of Newcastle
Newcastle Law School
Australia

Academic appointment

Dates Title Organisation / Department
1/01/2005 - 1/06/2010 Senior Lecturer University of Newcastle
School of Law
Australia
1/12/1998 - 1/12/2004 Lecturer University of Newcastle
School of Law
Australia
1/03/1997 - 1/03/1998 Associate Lecturer University of Newcastle
School of Law
Australia

Professional appointment

Dates Title Organisation / Department
1/07/2015 - 6/05/2016 Interim Dean and Head of School Faculty of Business and Law, The University of Newcastle
Newcastle Law School
Australia
28/01/2015 - 31/07/2015 Program Convenor - LLB (Honours) Faculty of Business and Law, The University of Newcastle
Newcastle Law School
Australia
1/04/2013 - 31/12/2014 Program Convenor Juris Doctor/Grad Dip Legal Practice University of Newcastle
School of Law
Australia
1/01/2007 - 25/03/2015 Deputy Head University of Newcastle
School of Law
Australia
1/07/2006 - 31/12/2010 Student Academic Conduct Officer Faculty of Business and Law, The University of Newcastle
Newcastle Law School
Australia
1/07/1993 - 1/07/1995 Senior Solicitor/Advocate Office of the Director of Public Prosecutions, NSW
Australia
1/02/1988 - 1/07/1993 Solicitor Office of the Director of Public Prosecutions, NSW
Newcastle Regional Office
Australia

Awards

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
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Publications

For publications that are currently unpublished or in-press, details are shown in italics.


Book (7 outputs)

Year Citation Altmetrics Link
2018 Anderson JL, Williams N, Roy J, Marychurch J, Uniform Evidence in Australia, LexisNexis Butterworths, Sydney, 1184 (2018)
2016 Anderson JL, Uniform Evidence Law: text and essential cases, Federation Press, Annandale NSW, 768 (2016)
2016 Anderson J, Heath M, Criminal Law Guidebook New South Wales, Victoria and South Australia (2016)
2015 Williams N, Anderson JL, Marychurch J, Roy J, Uniform Evidence in Australia, LexisNexis Butterworths, Sydney, 1146 (2015) [A1]
2014 Anderson JL, Hopkins AL, Uniform Evidence Law Guidebook, Oxford University Press, Melbourne, Australia, 384 (2014) [A2]
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]
Show 4 more books

Chapter (3 outputs)

Year Citation Altmetrics Link
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]
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]
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]
DOI 10.1007/978-3-319-43243-4_5
Co-authors Brendon Murphy

Journal article (17 outputs)

Year Citation Altmetrics Link
2018 Elton A, Anderson JL, Jose J, Maguire A, 'Mandatory Practices and the Transformation of Due Process', Monash University Law Review, 44 (2018)
Co-authors Jim Jose, Amy Maguire
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]
Co-authors Nicola Ross
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]
DOI 10.1177/1365712715613485
Citations Web of Science - 1
Co-authors Brendon Murphy
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]
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]
Citations Web of Science - 1
Co-authors Brendon Murphy
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]
Citations Web of Science - 1
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]
DOI 10.1080/13218719.2011.559900
Citations Scopus - 2Web of Science - 2
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]
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]
Co-authors Brendon Murphy
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]
Citations Web of Science - 1
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]
Citations Web of Science - 3
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]
2004 Anderson JL, 'Leading steps aright: Judicial guideline judgments in New South Wales', Current Issues in Criminal Justice, 16 140-159 (2004) [C1]
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 14 more journal articles

Conference (13 outputs)

Year Citation Altmetrics Link
2018 Anderson J, Ross N, 'The Second Step: Pathways to Building a Restorative City', Burlington, Vermont, USA (2018)
Co-authors Nicola Ross
2018 Anderson JL, 'Criminal Law and Elder Abuse: What clinicians need to know', Manly, NSW, Australia (2018)
2018 Anderson J, Ries N, Mansfield E, 'Interprofessional collaboration to improve elder abuse screening and response', Sydney (2018)
Co-authors Elise Mansfield
2017 Anderson JL, 'Prosecuting Multiple Complainant Cases of Child Sexual Assault: The NSW or Victorian Approach?', Canberra, ACT, Australia (2017)
2017 Anderson JL, 'Parole, Recidivism and Homicide Offenders: Implications for the Sentence of Life Imprisonment', Newcastle, NSW, Australia (2017)
2017 Anderson JL, Ross N, 'A Restorative City for New South Wales - Could Newcastle be a Model?', Sydney, NSW, Australia (2017)
Co-authors Nicola Ross
2016 Anderson JL, 'The fraught dichotomy between context and tendency evidence in sexual assault cases - a suggestion for reform', Canberra, ACT, Australia (2016)
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]
2010 Anderson JL, Lansdell G, 'The evolving legislative response to bushfire arson', Advancing Bushfire Arson Prevention in Australia, Melbourne (2010) [E2]
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 10 more conferences

Thesis / Dissertation (1 outputs)

Year Citation Altmetrics Link
2015 Murphy BW, Zone of Impeachment: A Post-Foucauldian Analysis of Controlled Operations Law and Policy, University of Newcastle (2015)
Co-authors Brendon Murphy
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Grants and Funding

Summary

Number of grants 20
Total funding $656,264

Click on a grant title below to expand the full details for that specific grant.


20191 grants / $542,000

Taking action: Increasing Advance Personal Planning by older adults$542,000

Funding body: ARC (Australian Research Council)

Funding body ARC (Australian Research Council)
Project Team Doctor Amy Waller, Doctor Jamie Bryant, Associate Professor Nola Ries, Laureate Professor Robert Sanson-Fisher, Associate Professor John Anderson, Professor Kichu Nair, Conjoint Professor Andrew Searles, Doctor Christopher Oldmeadow
Scheme Discovery Projects
Role Investigator
Funding Start 2019
Funding Finish 2022
GNo G1701610
Type Of Funding Aust Competitive - Commonwealth
Category 1CS
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, Associate Professor John Anderson
Scheme Conference Grant
Role Investigator
Funding Start 2018
Funding Finish 2018
GNo G1700771
Type Of Funding C3112 - Aust Not for profit
Category 3112
UON Y

20173 grants / $48,776

Action on Elder Abuse: A pilot project to improve screening and intervention through health-legal collaboration$27,272

Funding body: NSW Department of Family and Community Services

Funding body NSW Department of Family and Community Services
Project Team Ms NOLA Ries, Associate Professor John Anderson, Doctor Elise Mansfield, Mr Shaun McCarthy
Scheme Research Grant
Role Lead
Funding Start 2017
Funding Finish 2018
GNo G1700701
Type Of Funding C2210 - Aust StateTerritoryLocal - Own Purpose
Category 2210
UON Y

Action on Elder Abuse: A pilot project to improve screening and intervention through health/legal collaboration$20,000

Matching funds for external grant by Department of Family and Community Services, New South Wales through the evidence-based priority research initiative.

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

20162 grants / $30,712

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

20122 grants / $10,000

Research Assistance$5,000

Teaching Development Program Grant Description: Uniform Evidence Law Guidebook Project

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

Conference Travel Grant$5,000

 'Court is in Session: Integrating the Courtroom into the Classroom' - 9th Annual International Conference of Law, Athens Institute for Higher Education & Research, Athens, Greece 16-19 July 2012.

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

20101 grants / $1,027

Conference Travel Grant$1,027

'Labelling life as a mandatory sentence: effective denunciation or misleading populism' - Australian National University & National Judicial College of Australia 'Sentencing Conference', Canberra ACT 6-7 February 2010

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

Legal Scholarship Support Fund Description: Criminal Law Guidebook book project

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 Associate 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

Once-off Funding Grant for Research Description: Criminal Law Guidebook Book Project

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

Once-off Research Funding for DEST Publications Description: Uniform Evidence Law book project

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 Associate 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

'Indefinite, Inhumane, Inequitable - Life imprisonment for murder in NSW: A Reform Agenda' - Australian & NZ Association of Psychiatry, Psychology and Law 24th Annual Congress "Walking an Ethical Tightrope: Issues Surrounding Indefinite and Preventive Detention" Port Douglas Far North Qld 15-18 July 2004

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

'Watching and Learning': The Local Court Observation Program at Newcastle Law School - Australasian Law Teachers Association Annual Conference 'Changing Law' Brisbane Qld 6-9 July 2003.

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

'The Utility of Guideline Judgments in NSW' - Australian & New Zealand Society of Criminology Annual Conference 'Controlling Crime: Risks and Responsibilities' Sydney 1-3 October 2003

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

'From Marble to Mud: The Punishment of Life imprisonment' - The Australian Institute of Criminology 'History of Crime, Policing and Punishment' Conference, Australian National University, Canberra ACT 9-10 December 1999.

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

'Sentencing for Life in New South Wales' - Australian & New Zealand Society of Criminology Annual Conference - 'Crime Criminology and Justice: Current Trends and Future Directions' Gold Coast Queensland 8-10 July 1998

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
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Research Supervision

Number of supervisions

Completed1
Current4

Current Supervision

Commenced Level of Study Research Title Program Supervisor Type
2018 PhD A Review, Analysis and Evaluation of the 2014 Non-Fatal Strangulation Amendments to The Crimes Act 1900 (NSW) PhD (Law), Faculty of Business and Law, The University of Newcastle Principal Supervisor
2017 PhD Asylum Seekers, Mandatory Detention and Questions of Justice PhD (Law), Faculty of Business and Law, The University of Newcastle Co-Supervisor
2017 PhD The Regulation of the Supply and Promotion of Alcohol in New South Wales: Who Calls the Shots? PhD (Law), Faculty of Business and Law, The University of Newcastle Principal Supervisor
2015 PhD A Federal Anti-Corruption Commission: Is There Really A Need? PhD (Law), Faculty of Business and Law, The University of Newcastle Principal Supervisor

Past Supervision

Year Level of Study Research Title Program Supervisor Type
2015 PhD Zone of Impeachment: A Post-Foucauldian Analysis of Controlled Operations Law and Policy PhD (Law), Faculty of Business and Law, The University of Newcastle Principal Supervisor
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Research Projects

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:

  1. 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.
  2. 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, Associate 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 Ms NOLA Ries, Associate Professor John Anderson, Doctor Elise Mansfield, Mr Shaun McCarthy
Scheme Research Grant

Collaborators

Name Organisation
Ms Nola Maria Ries University of Newcastle
Mr Shaun Gerard McCarthy University of Newcastle

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
Faculty of Business and Law
Asylum Seekers, Mandatory Detention and Questions of Justice

Collaborators

Name Organisation
Associate Professor John Lance Anderson University of Newcastle
Professor Jim William Jose University of Newcastle

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Associate Professor John Anderson

Position

Associate Professor
Newcastle Law School
Faculty of Business and Law

Focus area

Law

Contact Details

Email john.anderson@newcastle.edu.au
Phone (02) 4921 7099
Fax (02) 4921 6931

Office

Room X-539
Building NeW Space
Location City Campus

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