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Centre for Innovative Justice

Smart thinking. Passion. Positive Difference.

Smart thinking. Passion. Positive Difference


New Solutions and ApproachesProfessor Margaret Gardner Vice-Chancellor

There has never been a greater need for new solutions and approaches to global problems, nor for people to understand and work with complex knowledge, systems and technologies.

RMIT is responding to these needs in various ways. As a global university of technology and design our mission, put simply, is to make a difference.

The Centre for Innovative Justice has an important role to play in delivering RMIT’s mission. The Centre brings solution-based, ‘people-centred’ design thinking to the fore - aiming to be practical and engaged; to draw on and shape thinking and practice in Australia and around the world; and to work with all sectors of the profession and the broader community to improve the way in which justice systems affect people’s lives.

In doing so, the CIJ is part of RMIT’s investment in more relevant, more responsive and more affordable justice systems.

A Chance To Shape Our WorldProfessor Mark Farrell Head, Graduate School of Business and Law

The Centre for Innovative Justice brings together people with research skills and practical experience; a passion for law and justice system reform, and an understanding of the politics of making things happen.

An important addition to RMIT’s Graduate School of Business and Law (GSBL), which is recognised throughout the Asia Pacific region as a leader in business management and law education, the CIJ strengthens our work-related education and training programs and our commitment to practical research, relevant to business and community needs and aspirations.

The CIJ provides students and practitioners with the opportunity to shape the world in which they live by being at the forefront of innovation and offering students from a range of disciplines the chance to undertake clinical placements and to participate in significant real world projects and public debate.

What Law Is And What It Could BeRob Hulls Director, Centre for Innovative Justice

Since its beginning, I have been overwhelmed by the enthusiasm of staff and students wanting to get involved with the Centre for Innovative Justice - to be part of a living, breathing mechanism for social justice and change.

Put simply, the Centre’s role is to be a meeting point for ideas. A place where problems across the legal system can not only be identified, but solutions developed. A place where seeds can be planted and through which the private, government, community and academic sectors can collaborate in better, smarter ways to do justice.

Just as importantly, it is a place where students can learn not only about the law’s past and present – but about what the law might become if we bring our ideas and our passion for genuine justice to bear.

In short, innovative justice is about seeing the law not only for what it is, but for what it could be.

Relevant Responsive Affordable Justice



The Centre for Innovative Justice has the following key areas of focus:

— Research: to identify effective alternative approaches to improve criminal justice, civil dispute resolution and the delivery of legal services with a particular focus on therapeutic justice, restorative justice and non-adversarial dispute resolution

— Innovative practice: to demonstrate the benefits and promote the adoption of innovative practices by legal systems in Australia and internationally

— Student involvement: to provide students with opportunities to learn about, research and practice new methods and approaches

— Public debate: to stimulate public debate about the justice system through the publication of articles, papers, and submissions; and by hosting events.

The Centre for Innovative Justice welcomes:

— Ideas and suggestions for future areas of investigation

— Opportunities to collaborate on research projects and policy development

— Opportunities to partner in tenders and grant applications

— Enquiries about consultancies and program evaluations

— Requests for speakers or media commentary

— Volunteers and interns for engagement in the Centre’s activities

— Opportunities for placement of students and other volunteers within public sector and community agencies, and the private profession

If you are interested in becoming involved in the Centre’s activities, or would like to find out more, please contact us at:

Centre for Innovative Justice RMIT Building 98, Level 1 102 Victoria Street, Melbourne VIC 3000 Telephone: 03 9925 1139 Email: [email protected] www.rmit.edu.au/innovativejustice

What we Do

Your Invitation to be Involved

‘The job of the Centre is to ask questions, testing every area and working with others to find new solutions to old problems. Achieving this will require collaboration; evidence-based policy and a readiness to embrace new ideas… building an economic and policy case that is impossible to ignore.’

Rob Hulls

‘… we can collaborate in flexible solutions which prevent crime from occurring and lives being damaged as a result. We can return a sense of control to the community, and to victims, in our approach to the criminal law - all without undermining those fundamental principles on which it was so crucially based. In doing so we can not only enhance the delivery of justice and empower victims, we can reframe the debate that surrounds the criminal justice process, helping it to meet the purpose for which it was designed’.

Rob Hulls



An Introduction to Innovative Justice

Intervention at any point through innovative justice

can help break the cycle of crime

Police

Crime

Courts & prosecutingauthorities

Community corrections

prisons

Dependent drug use,mental health issues,

homelessness

A Good Life

Breaking the Cycle through Innovative Justice Intervention

The aim of innovative justice is to make modern justice systems (criminal and civil), more affordable, effective, understandable and efficient. Innovative justice strategies deal with the

causes as well as the consequences of crime; give attention to the needs of victims and offenders, as well as the community affected by the crime; and help to strengthen communities to prevent crime. Innovative justice also involves strategies to ensure that disputes, large and small, are resolved fairly and in a timely, cost-effective way.

Conventional reforms take a narrower approach. They aim to increase the efficiency, efficacy and fairness of justice through a general emphasis on improvements to existing laws, policing, prosecutions and court systems. They are usually confined to the ‘adversarial model’, which essentially involves a judge presiding over a battle between lawyers for the prosecution and defence in criminal matters, and for the plaintiff and defendant in civil matters. At the core of innovative justice is the view that an adversarial approach is not the best way to deliver a fairer, more accessible justice system in all circumstances, and in many circumstances may actually compound or exacerbate the harm being sought to be addressed.

Figure 1: Innovative approaches to justice can be used at various stages to break the cycle of crime.

‘A smart and innovative legal system can be a positive intervention in people’s lives – one that can cut the cycle of offending short, prevent more crime from being committed and enable people to take responsibility for their future, as well as for their past.’

Rob Hulls

Innovative reforms are therefore primarily ‘non-adversarial’. They focus on changing the culture and practice of the law and the delivery of justice, as well as changes to laws, policies and procedures. Their emphasis is on trying new thinking to create a ‘menu’ of options, which recognise that not all cases require the same justice response. This approach takes a broader view of what justice means and acknowledges the various stakeholders in the system - including parties to disputes, victims, offenders, their families and the community. These reforms can improve conventional criminal and civil justice processes and procedures or provide separate or alternative options. Examples of these alternative options include restorative justice, therapeutic justice, truth telling and appropriate dispute resolution, or ADR.



Restorative Justice is principally concerned with the repair, to the greatest extent possible, of the harm caused by a crime. Restorative justice practices or conferences involve a facilitated discussion between the victim, offender, their communities, families or representatives. They rely on the offender accepting responsibility for the harm done at the outset. Victims have the opportunity to describe the impact of the offending and nominate what redress they would like. Offenders are required to listen and, in appropriate circumstances, explain the reasons for their offending. This is intended to facilitate remorse and an apology on the part of the offender, and validation and an opportunity for redress on the part of the victim. The focus of restorative justice is on victim inclusion and offender accountability.

Therapeutic Justice is principally concerned with addressing the underlying reasons for offending, which could include mental health and other health issues, alcohol and drug addiction, unemployment and homelessness. It sees contact with the justice system as an opportunity to intervene in a positive way and to help get an offender’s life back on track. It aims to reduce recidivism by focusing on the accountability and rehabilitation of the offender. Therapeutic justice processes traditionally exist within the adversarial system, and operate once an offender has indicated a plea of guilty.

Truth Telling provides a victim of crime with an opportunity to tell their story in a safe and supported environment, and to communicate the impact of the offending to a body or a person of standing, such as a member of the judiciary, a member of parliament or an expert panel. Truth telling practices provide victims with the opportunity to have formal acknowledgement of the harm done, and in some instances, to have input into systemic change. An example of a truth telling practice is the procedures used in the recent Victorian Parliamentary Inquiry into the Handling of Child Abuse by Religious and Other Non-Government Organisations, where victims were invited to tell their story to a Parliamentary Committee, which then reported back to Government.

Appropriate Dispute Resolution provides a range of options in which a neutral person assists people to resolve their disputes. Processes include mediation, arbitration and conciliation. A mediator will help people to develop their own solutions to the dispute; a conciliator may give expert advice, suggest terms and encourage settlement; while an arbitrator is similar to a judge and may make a legally binding decision.

Innovation in the way legal services are delivered has a critical role to play in ensuring everyone, no matter what their means, has meaningful access to justice. Emerging innovations in legal practice take a consumer-focused approach and recognise that transparency and flexibility about services and costs are the key to maintaining a sustainable legal profession. Innovations such as fixed fees, discrete task assistance, and online and virtual legal services are all practices that have developed as responses to a sector that, for many people, has become out of reach and irrelevant.

For innovative approaches to be developed and implemented a change of culture is needed, one which puts people and community at the centre; which understands that justice systems bring together a broad range of disciplines and skills; which is prepared to be smart about crime and its causes; which insists on evidence-based policy and informed debate; and which is willing to explore new ideas and implement new approaches.

‘When someone commits a crime, such as a burglary, often that person has a drug and alcohol problem, connected to mental health issues, and exacerbated by family violence, unemployment or homelessness. The traditional approach either fails to identify these factors, or ignores the need to address them, simply sending the person back into the revolving door of prison and repeat offending. More innovative approaches identify these factors and use a combination of support and sentencing options to break that vicious cycle, in turn contributing to a safer community.’

Rob Hulls



A small staff works in collaboration with legal and other experts, students and volunteers to identify and undertake practical research, to translate research and

innovation into improvements in justice systems and to provide RMIT students with opportunities to learn about, research and practise new methods and approaches.

Our People

Staff Rob Hulls is Centre Director. Rob realised his dream of becoming the Attorney-General of Victoria in 1999 after years working in his father’s law firm, for Legal Aid in Victoria and Aboriginal Legal Aid in north Queensland, as a part-time sports-show host, as a Federal MP for Kennedy and as Shadow Attorney-General and MLA for Niddrie in the Victorian Parliament. As Attorney, he led a 10-year program that delivered significant criminal and civil law reforms at the State and national level.

Mary Polis is Manager, Policy and Research. Mary has extensive practical, policy development and law reform experience, having worked as a commercial litigation lawyer for 9 years, a researcher for the Victorian Law Reform Commission and as a senior ministerial adviser. Mary has a Masters of Public Policy and Management from University of Melbourne and coordinates the Centre’s research, policy and evaluation work. She is a member of the committee of the Victorian Association for Restorative Justice.

Stan Winford is Principal Coordinator, Legal Programs. Stan is a practising lawyer who has held a number of senior roles in government and community legal services both in legal practice and legal policy. As a ministerial adviser he was involved in major reforms to sentencing, criminal procedure and evidence laws. He is Chair of the Mental Health Legal Centre and a member of the Victoria Police ‘Taser’ Review Panel.

Ruth Barson is a Senior Policy Officer. Ruth is an experienced criminal lawyer and researcher having worked for Victoria Legal Aid’s criminal law team; for the Northern Territory Department of Justice and the NT’s Aboriginal Legal Services on youth, restorative justice and prisoner rights projects. Ruth recently returned from Cambodia where she was an intern in the Supreme Court Chamber in the Extraordinary Chambers in the Courts of Cambodia, which are the hybrid-international tribunal responsible for trying Khmer Rouge leaders.

Elena Campbell is a Senior Policy Officer (P/T). Elena is a policy lawyer and writer, with a background in social justice reform. She is responsible for co-ordinating research and writing a range of commissioned reports & evaluations. Elena has worked as a judge’s associate, solicitor, ministerial adviser, speechwriter and as a freelance writer and editor.

Mina Hilson is Centre Co-ordinator. Mina is an accomplished administrator and co-ordinator who brings a range of skills and experience to the role. She has worked in higher education for the past 10 years following a diverse career in travel, fashion, publishing, horse racing and the not-for-profit sector.

‘I took the view that my educational journey started at RMIT. This institution took a chance on me. I believed that I had a responsibility to use that educational background to try and improve, if only in a small way, peoples lives and experiences.’

Rob Hulls



The Advisory Board The Centre’s Advisory Board provides a sounding board on the Centre’s work plans, priorities and projects in addition to helping to identify opportunities and risks. It also helps guide the Centre in developing its long-term sustainability strategy.

The Advisory Board membership is made up of:

Penny Armytage, Partner KPMG. Penny has held several senior executive positions in the Victorian Government Public Service, including Secretary of the Department of Justice for almost 10 years. Penny has overseen major policy and service delivery reforms in the justice and human services sectors, and has worked extensively with Ministers, department and agency leaders and heads of jurisdiction across the Victorian public sector and nationally.

Professor Anthony Forsyth, Program Director, Juris Doctor Program, RMIT. Anthony also teaches labour law and clinical legal practice and has a range of research interests from employment law to workplace dispute resolution and dispute prevention. His work in this area has been widely published in Australian and international books and journals. Anthony also works as a consultant with the Corrs Chambers Westgarth Workplace Relations Group.

Greg Manning, First Assistant Secretary, Access to Justice Division, Commonwealth Attorney-General’s Department. In this role he advises the Australian Government on policy relating to Commonwealth courts and tribunals, legal assistance, ADR, family law, inter-country adoption, marriage law and regulation of civil celebrants, and other access to justice issues. Greg has also held senior executive roles in the areas of human rights, international law and native title.

VolunteersThe work of the Centre has been supported by more than 70 volunteers, including students from the RMIT Juris Doctor and other RMIT programs, as well as students from other universities including Melbourne, Monash and La Trobe, graduates, people taking sabbaticals and international visitors. Volunteers have helped with a range of tasks from administration and events assistance to research.

John Cain, Managing Partner, Herbert Geer. John has extensive experience in law and business in the public and private sectors. John was the Victorian Government Solicitor from 2006 to 2011 and CEO of the Law Institute of Victoria from 2002 to 2006. Prior to that he was Managing Partner of Maurice Blackburn for ten years. In all of his roles, John has introduced important reforms.

Louise Glanville was an inaugural member of the Advisory while she served as Acting Deputy Secretary, Strategic Policy and Coordination Group, in the Commonwealth Attorney-General’s Department. Louise left the Attorney-General’s Department in February 2014 to take up a senior role in the implementation of the national disability insurance scheme. The CIJ thanks her for her support and advice.



Affordable JusticeThe Centre was asked by the Commonwealth Attorney-General’s Department to identify innovative strategies for making access to private legal assistance more affordable for most Australians, including looking at alternatives for the pricing of legal services such as fixed fee services, discrete tasking or unbundled services, as well as early intervention strategies and pre-litigation options for dispute resolution.

The report found examples of innovation and consumer friendly practices in sections of the profession, but observed that these were limited to certain categories of clients or certain areas of the law. For these innovations to become more widespread and mainstream, the report identified a number of problems that must be addressed including: a lack of innovation and little incentive for the legal profession to change; the tyranny of the billable hour, where lawyers charge according to time, and fees are open-ended; a lack of available information about how much individual lawyers charge and whether their charges are reasonable; lawyers ‘hunting in packs’ – with clients having to pay for whole teams of solicitors, barristers and paralegals, and some lawyers expecting to make a disproportionate profit margin.

The report offers a number of suggestions for reform, including: more widespread use of fixed fees and access to legal assistance for discrete tasks rather than unlimited engagements; greater transparency and predictability about what lawyers actually charge; investment in support for innovative business practices; an increased focus on legal consumers through the establishment of a Legal Consumer Advocate and the establishment of websites for consumers to rate and review lawyer affordability.

Innovative Justice Responses to Sexual OffendingThe Centre was asked by the Commonwealth Attorney-General’s Department to research alternative and innovative justice responses to sexual offending. Sexual assault is a significant problem in the community, with far-reaching individual and systemic consequences. For example, less than one per cent of reported sexual assault incidents result in a term of imprisonment and, when compared to other offences, people accused of sexual assault are less likely to plead guilty, are more likely therefore to go to trial and are more likely to be acquitted.

The Centre has conducted extensive national and international research, and has engaged with stakeholders, including justice, forensic and service providers to identify appropriate options that can operate both within and/or outside the criminal justice system. The final report will be released in the first half of 2014.

Our Research Program

The aim of the Centre’s research program is to identify effective alternative approaches to improve criminal justice, civil dispute resolution and the delivery of legal services,

with a particular focus on therapeutic justice, restorative justice and non-adversarial dispute resolution. Key research projects to date include:


Affordable Justice– a pragmatic path to greater flexibility and access in the private legal services market

October 2013


Innovative Justice Responses to

March 2014

– pathways to better outcomes for victims, o�enders and the community

‘Our most recent research shows that, without reform, access to justice generally has basically become either a luxury or a charity.’

‘In criminal law we need to recognise the law’s responsibility to prevent, as well as to punish, crime – acknowledging that sometimes the toughest approach is to be smart - shaping constructive, compassionate and, ultimately, safer communities by acting as a positive intervention in people’s lives.’

Rob Hulls



Circles of Support and AccountabilityThis project is examining Circles of Support and Accountability (CoSA) programs for sexual offenders. CoSAs are community-orientated, restorative justice-based reintegration programs that assist people in their effort to re-enter society after a period of incarceration for a sexual offence. They exist in Nova Scotia, Canada, as well as in some parts of the UK and USA. A “circle” involves three to five trained volunteers from the community who commit themselves to forming a circle around, supporting and holding accountable the offender or “core member”. The circle meets regularly to facilitate the core member’s practical needs, such as access to medical services, and assistance with housing and employment; as well as providing emotional support. In return, the core member commits to open communication with the circle regarding his identified risk factors, problematic behaviour and day-to-day problems in an effort to end his offending and increase public safety. Where CoSAs have been implemented they have had remarkable success in preventing offenders from re-offending. The Centre will investigate options for implementing CoSA in Australia.

Acquired Brain Injury and the Justice SystemThe ‘Enabling Justice’ project is designed to address the over-representation of people with Acquired Brain Injury (ABI) in the criminal justice system. It is a collaboration between the Centre, Jesuit Social Services and Dr Penelope Weller from RMIT University. A key part of the project will involve the establishment of a forum to enable people living with ABI to play a key role in how the criminal justice system can be more responsive and receptive to the issues they face. The three-year project, funded through the Office of the Public Advocate, will also provide a range of advocacy, education and law reform activities to promote and entrench systemic change.

Fair Work CommissionThe Centre has completed three reports for the Fair Work Commission

— Cooling Off Period Pilot in Unfair Dismissals Conciliation Process

— Review of General Protections Pilot, and

— Review of Unfair Dismissal Pro Bono Pilot

All have been used to assist the Fair Work Commission to assess the success of a number of pilot programs introduced as part of the Commission’s Future Directions strategy, and to determine whether these should be continued or modified in any way.

Student Research ProjectsStudents have provided research assistance and conducted specific research projects in a range of areas involving both criminal and civil justice systems. Full details are set out in the Student Involvement section.

Keeping up to DateFor copies of the Centre’s research reports, or to keep up to date with the Centre’s research program, go to our website rmit.edu.au/innovativejustice or follow us on @innovativejustice on twitter.


Report for Fair Work Commission Assessment of Cooling Off Period Pilot in Unfair Dismissals Conciliation Process March 2013



A key role of the Centre is to demonstrate the benefits and promote the adoption of innovative practices by legal systems in Australia and internationally. The aim is

to translate the outcomes of research into practical change in legal systems, culture and approaches. One area in which the adoption of innovative practices can make an important difference is in mental health and the law.

Promoting Innovative Practice

‘’It’s the way of the future. If you have a client who has mental health issues they’re usually also going to have homelessness and drug and alcohol issues.”

‘’Rather than bouncing people around between different appointments that they might never keep, why not bring everything there in the one place at the one time, and also teach a new generation of lawyers that this is what justice is about? It’s not about seeing a legal issue in isolation, it’s about addressing the underlying causes.’

Stan Winford

Mental Health Legal Centre and RMIT

New partnership, new location, new managementPeople with mental illness experience a range of complex and interrelated problems that often lead to financial hardship, social exclusion, discrimination, unemployment, homelessness and imprisonment. Legal need in this area is well documented, and there is clear evidence that people with mental illness are over-represented in the criminal justice system and in our prisons. The lack of integrated and accessible resources for people with mental illness means that many legal and related problems are not adequately addressed, exacerbating and compounding disadvantage and continuing to trap people in the ‘cycle of crime.’

RMIT’s partnership with Mental Health Legal Centre (MHLC) will provide greater capacity to meet the complex legal needs of people with mental illness and to help break the cycle of crime. The MHLC is now co-located with the Centre for Innovative Justice. The partnership strengthens the link between research and practical outcomes and will boost the MHLC’s education, research and advocacy capacity, enable it to be innovative in its approach to service delivery; and provide critical practical learning opportunities for RMIT University students.

‘Rather than just talking about case studies, we need to show the value of reform – inviting supporters and sceptics alike to see programs in operation, encouraging them to meet participants, engaging them in the very personal meaning of their success.’

Rob Hulls

inpartnership

with

The MHLC’s work draws on an extensive network of volunteers and pro bono lawyers, and on links with the network of community legal centres across Victoria and Australia. The partnership will offer integrated learning opportunities for students from a range of disciplines at RMIT University, including law, social work and health sciences. Students will learn the theory and practice of innovative and holistic approaches to justice through their practical training and experience working in the community legal centre. While similar models of community legal centres with links to a university-based clinical legal education program already exist, none have an explicit focus on innovation in addressing the unique and complex problems faced by people with mental illness.



‘Without your help, my problems would likely have been continuously swept under the rug and forgotten about and I would also have been ignored further’.

Inside Access Client

The aim is to expand the capacity of the MHLC progressively to provide:

— specialist representation for consumers before mental health review boards, as well as assistance in relation to the broad range of legal problems that are commonly experienced by people with mental illness. These may include minor criminal offences, infringements and fines, human rights and equal opportunity, family relationships, child protection, employment, social security, debt, privacy, tenancy, insurance, credit and consumer contracts.

— direct access to forensic patients and prisoners in forensic hospitals and Victorian men’s and women’s jails, with outreach services based in community health services enabling immediate access for clients to mental health workers as well as nurses, dieticians and physiotherapists, providing support for homeless people as well as specialist services such as employment, youth, drug and alcohol and housing workers.

The MHLC also delivers the unique Inside Access program, which provides free legal services to people with cognitive impairment and mental health issues in correctional and forensic facilities in Victoria, as well as assisting them to re-enter the community on release more effectively. Inside Access also provides community legal education and is involved in law, policy and systemic reform activities. This work is made possible by funding from the William Buckland Foundation (casework), the Phyllis Connor Memorial Trust and the assistance of student volunteers, lawyer volunteers, community volunteers and pro bono partners. RMIT students will have the opportunity to participate in clinical placements with Inside Access.



The Centre provides students, through placements and research projects, with practical exposure to the process of law reform, an understanding of the social context of the law

and opportunities to learn about, research and practice new methods and approaches. In 2013, these included the following:

To the Highest CourtSophie Young went to the High Court. Sophie worked with solicitors from the Refugee and Immigration Legal Centre (RILC) and actively contributed to the preparation for the case of Plaintiff M76. In this case, the Commonwealth Solicitor-General defended the position that indefinite detention of unlawful-entry persons, negatively assessed by ASIO, is indeed authorised by the Migration Act as it is purportedly pending resettlement in a third country. While Plaintiff M76 and her two young children are recognised as genuine refugees and may not be deported to Sri Lanka as their fear of persecution is verified by DIAC, a negative assessment by ASIO prevents her release into the Australian community. The practical outcome is that, should the option for resettlement to a third country never be established, PlaintiffM76 will sit in an Australian detention centre for the rest of her life.

A Thorough UnderstandingRenée Vella’s research identified and analysed existing justice-related mental health programs in Australia. Her report provided the Centre with a thorough understanding of the services available for offenders who have a mental disorder or impairment. Renée’s placement also involved observing how related services were delivered by the Neighbourhood Justice Centre in Collingwood and the Assessment and Referral Court List of the Magistrates’ Court.

Student Involvement

‘I watched these proceedings unfurl from inside the High Court in Canberra with great interest…The experience was indeed the undisputed highlight of my academic career thus far. The tireless work of Manne and the RILC served to reinforce my conviction to practice in migration law and provided an outstanding opportunity to witness legal history being made.’

Sophie Young

‘My experience at CIJ was integral to my understanding of how mental health interacts with the law. The exposure to problem-solving services helped me understand that innovative strategies focused on therapeutic justice principles reduce rates of recidivism by providing the opportunity for offenders with problems including mental health, substance abuse, homelessness, to heal by addressing the underlying stressors that contribute to their offending behaviour. …I enjoyed my time being placed at CIJ … I will not forget how much I learnt in such a short time…’

Renée Elizabeth Vella

‘It’s a place where students can learn not only about the law’s past and present – but about what the law might actually become if we bring our ideas and our passion for genuine justice to bear.’

Rob Hulls



Foundations for a Successful BidJeremy Pytel’s preliminary research into how the criminal justice system interacts with people with an Acquired Brain Injury (ABI) informed the Centre’s successful bid for funding for the Enabling Justice research project, a collaboration with Jesuit Social Services and Dr Penelope Weller of RMIT, designed to address the over-representation of people with an ABI in the criminal justice system.

An Eye-openerGeraldine Griffiths accompanied barrister Carolyn Burnside as she represented clients in the County Court of Victoria; spent a week in the Magistrates’ Court observing the application of the law and completed preliminary research on Circles of Support and Accountability.

The Chief Judge’s ShadowKate O’Connor got to shadow Chief Judge Rozenes, the head of the County Court for one week in April. The opportunity provided unique insight into the operations of Victoria’s busiest trial court and included:

— observing the Chief Judge managing the general criminal list

— observing other Judges managing specialist lists

— observing a plea and an appeal, and discussion with the Judge following the proceedings

— spending time with the Juries Commissioner

— assisting the County Court’s research unit

— visiting the County Court cells,

— and attending with the Chief Judge for his address to the Bar readers.

‘Volunteering at the Centre for Innovative Justice has been a very rewarding and informative experience for me… there was no task that was too great or question that I could not ask.

This is an area of social inequality that is relevant to my field of current employment and as a result, I found that I was able to tackle the task from both an analytical as well as a practical perspective that enabled me to not only thoroughly enjoy the research but to also gain further insight in that particular field’

Jeremy Pytel

‘My time in court was both a challenging and rewarding experience as it highlighted the multifaceted nature of the law, with all its positive features, as well as its anomalies. The various cases I witnessed during this week were quite eye-opening and it was especially interesting to learn how Magistrates approach these cases, the factors they take into consideration and the reasoning for their decisions.

The team made efforts to ensure that my placement was, overall, varying, interesting and never repetitive… Overall, it was a fantastic and invaluable experience and one that I will remember for years to come. It was an exceptional opportunity to build networks, but most of all I take away a new and more informed perspective of the law. There’s no licking envelopes or opening mail at this placement!!’

Geraldine Griffiths



Career Mentors ForumEach year the Centre holds an interactive careers forum designed to give RMIT Juris Doctor students a greater understanding of the legal profession and the range of career opportunities in the law. The forum involves a speed mentoring session in which students move around the room spending 10 minutes talking to mentors of their choosing. The mentors include industry representatives with diverse backgrounds and extensive experience in the law from the government and non-government sectors, as well as the private sector, unions and the judiciary. Students are asked to make the most of the session by doing their research and preparing questions beforehand. They are encouraged to ask mentors about their career to date, what has inspired and helped them along the way and what skills and attributes they might be looking for in recent graduates.

The forum also includes a panel discussion and a questions and answer session in which mentors provide an outline of their career journey and what is involved in their current role. Mentors have included Steven Tudor, Department of Justice; David Manne, Refugee and Immigration Legal Centre; Kyle Siebel, DLA Piper; Professor Anthony Forsyth, RMIT University; Carolyn Burnside, Victorian Bar; Ann Collins, Magistrate, Harriet Shing, Australian Services Union; Mick Coleman, Telstra; John Cain, Herbert Geer and Greg Byrne, Department of Justice.

‘In my view the night was an absolute winner. Great insight provided by the various guests on career options. It confirmed my thinking on future career path.’

Maurice Lynn

‘The evening was a fantastic night and very much appreciated. The speakers were very approachable and willing to answer questions. The format worked well giving the ability to hear from all participants initially before asking specific questions. Please continue these evenings as it was a great opportunity to hear from our future mentors.’

Jamie Munton

‘The forum was a really great experience and I’m glad I attended. It opened my eyes to some career options I hadn’t considered (or hadn’t considered achievable) and it was great to hear from such a diverse group. The speed dating was great as well as we could really tailor it to exactly what we wanted to know from the mentors. It’s a great opportunity for students and I hope there are more programs like it in the future!’

Lauren Bull

‘Overall the event was very helpful and would definitely attend another one like it. The tips and advice were exactly what I was looking for.’

Aleksander Kovaceski



‘You can’t fine an ice user out of their addiction: ‘Drug courts’ which provide treatment and rehabilitation as alternatives to custody and financial penalties are our best bet for breaking the cycle of severe ice addiction.’

(Jonathon Steffanoni, published on ABC’s The Drum at http://www.abc.net.au/news/2013-10-29/

steffanoni-ice-and-the-law/5051448)

Student Research Projects The research conducted so far by students and other volunteers includes:

The mapping of:

— Innovative and holistic justice initiatives across Australian jurisdictions

— Mental health courts, tribunals and legal services across Australia

— Youth Group Conferencing in Australian jurisdictions

— Victim-offender mediation programs operating in Australia

— International centres with policy and advocacy focus on innovative justice

A literature review about the involvement of people with Acquired Brain Injury in the criminal justice system

Providing overviews or reviews of:

— Circles of Support and Accountability programs

— Restorative justice responses to bullying in schools

— Justice system-related mentoring schemes

— Community justice forums such as People’s Hearings/Tribunals

— The adequacy of youth diversion programs available to the Neighbourhood Justice Centre

— Medico-legal partnerships or advocacy health alliances with a particular focus on mental health

Research assistance for:

— The Affordable Justice project

— The Alternative Justice Responses to Sexual Offending project

— Projects undertaken for the Fair Work Commission

The investigation of:

— Programs cited in US Federal Government’s Smart on Crime policy

— Veterans’ courts and law practice incubators in the USA

— Restorative justice approaches to civil dispute resolution

The publication of an article on therapeutic justice with a particular focus on ‘drug courts’.

‘Being able to complete my work placement at the Centre was such a great experience. When I began there, the staff were so welcoming, and the work I was asked to do was always interesting and kept me busy. If I choose to study further upon the completion of my degree, I will definitely be volunteering again at the Centre!’

Abbie Jarrett



The Centre aims to stimulate public debate about the justice system through the publication of articles, papers, and submissions and by hosting events. Centre Director, Rob Hulls, has

delivered a range of speeches on innovative justice and written and featured a series of articles in local and national print and electronic media. The quotes throughout this publication have been taken from these speeches and articles and the various headlines on the cover of the publication come from articles in publications including The Age and Sunday Age, Herald Sun, The Australian, The Financial Review and The Conversation.

Stimulating Public Debate ‘Those of us interested in system design need to ask whether the limitations of the adversarial model can really be overcome by tinkering at its edges.’

Rob Hulls



The Centre has hosted or supported a number of forums and events, including:

Justice: Whose Business is it?

This forum showcased corporate innovations (including holistic approaches and therapeutic justice) that foster a more just society. Speakers included:

Luke Geary, Managing Partner, Salvos Legal. Salvos Legal provides commercial and property legal advice on a paid basis and its profits are used to fund a ‘legal aid’ sister firm, Salvos Legal Humanitarian.

Karen Hart, General Manager, Visy Cares Hub. Visy Cares Hub leverages funds from a variety of sources, in addition to its own contributions, to act as a catalyst to establish community-based projects, such as youth and community centres.

Violence and Discrimination Against Women

The Violence and Discrimination Against Women Network, with the support from RMIT’s Centre for Innovative Justice and Justice and Legal Studies and La Trobe University, hosted a seminar to discuss issues surrounding rape laws. International and national experts shared their thoughts on reforms to the law and responses to rape. Key themes included:

— Recent rape law reform

— Past and future ‘success’ of reforms

— The construction of the sexed female body as the inevitable target of rape

— The popularity/unpopularity of rape research in feminist legal scholarship

— The role of law and the state as the remedy for injury

— Alternative justice responses

Find Out More

You can find out more via:

Website: www.rmit.edu.au/innovativejustice Twitter: @innovativejustice Drop in to: RMIT Building 98, Level 1, 102 Victoria St. Melbourne VIC 3000 Email: [email protected]

Telephone: 03 9925 1139

Paul Little, Chairman and Founder of Little Property and Director of Little Projects; Founder of the First and Second Step Programs; and President, Essendon Football Club. The First Step Program is a not-for-profit organisation at the forefront of compassionate approaches to overcoming addiction. The Second Step is an employment program that improves employment outcomes for people with a criminal history.

www.rmit.edu.au/innovativejustice

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