Journal articles: 'Legal aid Victoria'

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van Moorst, Elsje, and Kate Deverall. "Justice For All: Women's Access To Legal Aid And Justice In Victoria." Australian Feminist Law Journal 1, no. 1 (January 1993): 147–51. http://dx.doi.org/10.1080/13200968.1993.11077114.

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Foster, Richard. "Multi-disciplinary practice in a community law environment: new models for clinical legal education." International Journal of Clinical Legal Education 19 (July 8, 2014): 413. http://dx.doi.org/10.19164/ijcle.v19i0.40.

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The Monash-Oakleigh Legal Service (MOLS) is a community legal service auspiced by Monash University, Melbourne Australia, and partly funded by Victoria Legal Aid. MOLS was principally established to provide practical legal education to Monash law students over 30 years ago, but has since evolved to focus also on serving community legal needs. Incorporated within MOLS is the Family Law Assistance Program (FLAP) which, as the name suggests, deals exclusively with family law matters. FLAP students attend the Family Court each week with lawyers who provide assistance to clients in a duty lawyer capacity, as well as operating four clinical sessions each week within MOLS.Like many community legal services, most MOLS clients experience a form of disadvantage and resultant financial difficulty. Consequently, MOLS deals with a range of legal matters including: criminal law, family law, tenancy and neighbourhood disputes, and a number of credit, debt, and bankruptcy issues.In July 2010, the Multi-Disciplinary Clinic (MDC) was established at MOLS to provide a holistic service to clients by involving students from three academic disciplines to deal with client issues. Later, in December 2010 (the commencement of the university’s summer semester), students from one other discipline were included in FLAP and a third discipline was also adopted in the following semester.

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Richardson, I. L. M. "Courts and Access to Justice." Victoria University of Wellington Law Review 31, no. 1 (April 3, 2000): 163. http://dx.doi.org/10.26686/vuwlr.v31i1.5976.

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(This article was presented as a lecture at the Australasian Law Teachers' Association Conference held at Victoria University of Wellington, 6 July 1999.) Ensuring access to justice is one of the most basic functions of the state. The author discusses the role and functioning of the Court of Appeal, the operation of the legal aid system in New Zealand, and the extent to which the operations of the court system should be open to the public. It is argued that any system of justice should reflect the values of its society. The author concludes that what is thought desirable in these three areas will change over time, and that there will always be a need for fine-tuning in light of societal values.

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McDougall, Rosalind, Barbara Hayes, Marcus Sellars, Bridget Pratt, Anastasia Hutchinson, Mark Tacey, Karen Detering, Cade Shadbolt, and Danielle Ko. "'This is uncharted water for all of us': challenges anticipated by hospital clinicians when voluntary assisted dying becomes legal in Victoria." Australian Health Review 44, no. 3 (2020): 399. http://dx.doi.org/10.1071/ah19108.

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ObjectiveThe aim of this study was to identify the challenges anticipated by clinical staff in two Melbourne health services in relation to the legalisation of voluntary assisted dying in Victoria, Australia. MethodsA qualitative approach was used to investigate perceived challenges for clinicians. Data were collected after the law had passed but before the start date for voluntary assisted dying in Victoria. This work is part of a larger mixed-methods anonymous online survey about Victorian clinicians’ views on voluntary assisted dying. Five open-ended questions were included in order to gather text data from a large number of clinicians in diverse roles. Participants included medical, nursing and allied health staff from two services, one a metropolitan tertiary referral health service (Service 1) and the other a major metropolitan health service (Service 2). The data were analysed thematically using qualitative description. ResultsIn all, 1086 staff provided responses to one or more qualitative questions: 774 from Service 1 and 312 from Service 2. Clinicians anticipated a range of challenges, which included burdens for staff, such as emotional toll, workload and increased conflict with colleagues, patients and families. Challenges regarding organisational culture, the logistics of delivering voluntary assisted dying under the specific Victorian law and how voluntary assisted dying would fit within the hospital’s overall work were also raised. ConclusionsThe legalisation of voluntary assisted dying is anticipated to create a range of challenges for all types of clinicians in the hospital setting. Clinicians identified challenges both at the individual and system levels. What is known about the topic?Voluntary assisted dying became legal in Victoria on 19 June 2019 under the Voluntary Assisted Dying Act 2017. However there has been little Victorian data to inform implementation. What does this paper add?Victorian hospital clinicians anticipate challenges at the individual and system levels, and across all clinical disciplines. These challenges include increased conflict, emotional burden and workload. Clinicians report concerns about organisational culture, the logistics of delivering voluntary assisted dying under the specific Victorian law and effects on hospitals’ overall work. What are the implications for practitioners?Careful attention to the breadth of staff affected, alongside appropriate resourcing, will be needed to support clinicians in the context of this legislative change.

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O'Toole, Suzanne, and Patrick Keyzer. "Rudy Frugtniet v ASIC: Things to consider if Victoria introduces a spent convictions regime (with ‘A Message to You, Rudy’)." Alternative Law Journal 44, no. 4 (October 11, 2019): 260–66. http://dx.doi.org/10.1177/1037969x19877034.

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The Legal and Social Issues Committee of the Victorian parliament will soon publish a report on spent convictions and criminal record discrimination. Victoria is the only state in Australia that does not have a spent convictions scheme. The purpose of this article is to review the recent decision of the High Court in Frugtniet v ASIC, a decision about the federal spent convictions scheme, and outline the lessons that decision provides for Victoria and for the successful appellant in that case.

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Tyson, Danielle, Deborah Kirkwood, and Mandy Mckenzie. "Family Violence in Domestic Homicides." Violence Against Women 23, no. 5 (July 9, 2016): 559–83. http://dx.doi.org/10.1177/1077801216647796.

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This article examines the impact of legislative reforms enacted in 2005 in Victoria, Australia, on legal responses to women charged with murder for killing their intimate partner. The reforms provided for a broader understanding of the context of family violence to be considered in such cases, but we found little evidence of this in practice. This is partly attributable to persistent misconceptions among the legal profession about family violence and why women may believe it necessary to kill a partner. We recommend specialized training for legal professionals and increased use of family violence evidence to help ensure women’s claims of self-defense receive appropriate responses from Victorian courts.

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Gilbert, Julia, and Jane Boag. "‘To die, to sleep’ – assisted dying legislation in Victoria: A case study." Nursing Ethics 26, no. 7-8 (November 19, 2018): 1976–82. http://dx.doi.org/10.1177/0969733018806339.

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Background: Assisted dying remains an emotive topic globally with a number of countries initiating legislation to allow individuals access to assisted dying measures. Victoria will become the first Australian state in over 13 years to pass Assisted Dying Legislation, set to come into effect in 2019. Objectives: This article sought to evaluate the impact of Victorian Assisted Dying Legislation via narrative view and case study presentation. Research design: Narrative review and case study. Participants and research context: case study. Ethical considerations: This legislation will provide eligible Victorian residents with the option to request access to assisted dying measures as a viable alternative to a potentially painful, protracted death. Findings: This legislation, while conservative and inclusive of many safeguards at present, will form the basis for further discussion and debate on assisted dying across Australia in time to come. Discussion: The passing of this legislation by the Victorian parliament was prolonged, emotive and divided not only the parliament but Australian society. Conclusion: Many advocates for this legislation proclaimed it was well overdue and will finally meet the needs of contemporary society. Protagonists claim that medical treatment should not provide a means of ending life, despite palliative care reportedly often failing to relieve the pain and suffering of individuals living with a terminal illness.

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Baer, Hans A. "The Drive for Legitimation in Chinese Medicine and Acupuncture in Australia: Successes and Dilemmas." Complementary health practice review 12, no. 2 (April 2007): 87–98. http://dx.doi.org/10.1177/1533210107302933.

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This article examines the drive for legitimation on the part of Chinese medicine and more specifically acupuncture in Australia. It examines the development of Chinese medicine in Australia, the road to statutory registration of Chinese medicine in Victoria, and the niche of Chinese medicine within the context of the Australian plural medical system. Despite the opposition of organized medicine, the Victorian Parliament passed the Chinese Medicine Registration Act in May 2000, making Victoria the only Australian political jurisdiction to formally regulate Chinese medicine practitioners and acupuncturists. The legal status of Chinese medicine and acupuncture outside of Victoria resembles that of naturopathy and other natural therapies, such as Western herbalism and homeopathy, none of which has achieved statutory registration in any Australian jurisdiction. Chinese medicine has a distinct identity within the context of the Australian plural medical system. Conversely, acupuncture, as one of the modalities of Chinese medicine—and in Western societies its principal modality—has been incorporated into various other heterodox medical subsystems, particularly chiropractic, osteopathy, and naturopathy, as well as conventional systems, such as biomedicine and physiotherapy.

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Hanna, Lisa, and Karen Fairhurst. "Using information and communication technologies to consult with patients in Victorian primary care: the views of general practitioners." Australian Journal of Primary Health 19, no. 2 (2013): 166. http://dx.doi.org/10.1071/py11153.

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Information and communication technologies such as email, text messaging and video messaging are commonly used by the general population. However, international research has shown that they are not used routinely by GPs to communicate or consult with patients. Investigating Victorian GPs’ perceptions of doing so is timely given Australia’s new National Broadband Network, which may facilitate web-based modes of doctor−patient interaction. This study therefore aimed to explore Victorian GPs’ experiences of, and attitudes toward, using information and communication technologies to consult with patients. Qualitative telephone interviews were carried out with a maximum variation sample of 36 GPs from across Victoria. GPs reported a range of perspectives on using new consultation technologies within their practice. Common concerns included medico-legal and remuneration issues and perceived patient information technology literacy. Policy makers should incorporate GPs’ perspectives into primary care service delivery planning to promote the effective use of information and communication technologies in improving accessibility and quality of general practice care.

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O'Connor, Margaret M., Roger W. Hunt, Julian Gardner, Mary Draper, Ian Maddocks, Trish Malowney, and Brian K. Owler. "Documenting the process of developing the Victorian voluntary assisted dying legislation." Australian Health Review 42, no. 6 (2018): 621. http://dx.doi.org/10.1071/ah18172.

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Many countries across the world have legislated for their constituents to have control over their death. Commonalities and differences can be found in the regulations surrounding the shape and practices of voluntary assisted dying (VAD) and euthanasia, including an individual’s eligibility and access, role of health professions and the reporting. In Australia there have been perennial debates across the country to attempt legislative change in assisting a terminally ill person to control the ending of their life. In 2017, Victoria became the first state to successfully legislate for VAD. In describing the Victorian process that led to the passage of legislation for VAD, this paper examines the social change process. The particular focus of the paper is on the vital role played by a multidisciplinary ministerial advisory panel to develop recommendations for the successful legislation, and is written from their perspective. What is known about the topic? VAD has not been legal in an Australian state until legislation passed in Victoria in 2017. What does this paper add? This paper describes how the legislation was developed, as well as the significant consultative and democratic processes required to get the bill to parliament. What are the implications for practitioners? In documenting this process, policy makers and others will have an understanding of the complexities in developing legislation. This information will be useful for other Australian jurisdictions considering similar legislative changes.

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Smith, Len, Janet McCalman, Ian Anderson, Sandra Smith, Joanne Evans, Gavan McCarthy, and Jane Beer. "Fractional Identities: The Political Arithmetic of Aboriginal Victorians." Journal of Interdisciplinary History 38, no. 4 (April 2008): 533–51. http://dx.doi.org/10.1162/jinh.2008.38.4.533.

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Established as a British Colony in 1835, Victoria was considered the leader in Australian indigenous administration—the first colony to legislate for the “protection” and legal victualing of Aborigines, and the first to collect statistical data on their decline and anticipated disappearance. The official record, however, excludes the data that can explain the Aborigines' stunning recovery. A painstaking investigation combining family histories; Victoria's birth, death, and marriage registrations; and census and archival records provides this information. One startling finding is that the surviving Aboriginal population is descended almost entirely from those who were under the protection of the colonial state.

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Walters, Reece. "Alternatives to Youth Imprisonment: Evaluating the Victorian Youth Attendance Order." Australian & New Zealand Journal of Criminology 29, no. 2 (August 1996): 166–81. http://dx.doi.org/10.1177/000486589602900206.

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On 22 June 1988 the then Minister for Community Services Victoria, Race Matthews, officially launched the Youth Attendance Order (YAO), a high tariff alternative for young offenders aged between 15 and 18 years who were facing a term of detention. Throughout the order's gestation, much debate occurred about the impact it would have on rates of juvenile incarceration as well as about the potential ‘net widening’ effect it could have on less serious offenders. In May 1994 the National Centre For Socio-Legal Studies at La Trobe University submitted its report evaluating the Victorian Youth Attendance Order. This article presents some of the major findings of that report and examines the future options for this high tariff order in juvenile justice.

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White, Ben, and Lindy Willmott. "Future of assisted dying reform in Australia." Australian Health Review 42, no. 6 (2018): 616. http://dx.doi.org/10.1071/ah18199.

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The Voluntary Assisted Dying Act 2017 (Vic) will come into force in June 2019, becoming the first law in Australia in 20 years to permit voluntary assisted dying (VAD). This paper considers how other Australian states and territories are likely to respond to this development. It analyses three key factors that suggest that law reform is likely to occur in other parts of Australia: (1) the growing international trend to permit VAD; (2) social science evidence about how VAD regimes operate; and (3) changes to the local political environment. The paper argues that these three factors, coupled with the effect of Victoria changing its law, suggest that other VAD law reform is likely to occur in Australia. It also considers the different types of laws that may be adopted, including whether other states and territories will follow the very conservative Victorian approach or adopt more liberal models. What is known about the topic? Despite sustained law reform efforts in parliaments across the country, Victoria is the first Australian jurisdiction to pass a law permitting VAD in 20 years. What does this paper add? This paper addresses likely future trends in VAD law reform in Australia. Drawing on international developments, a growing body of social science evidence about how VAD regimes work in practice, and evidence about a changing local political environment, the paper argues that other states and territories in Australia will also enact laws about VAD. What are the implications for practitioners? The legalisation of VAD has significant implications for health professionals, health administrators and health systems. Understanding how reform may occur and what legal models may be considered supports participation in the law reform process and preparation for likely change.

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Riggs, Christopher K. "Imperfect Victories: The Legal Tenacity of the Omaha Tribe, 1945-1995 (review)." American Indian Quarterly 24, no. 4 (2000): 651–53. http://dx.doi.org/10.1353/aiq.2000.0026.

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Lovegrove, Austin. "Sentencing the Multiple Offender: Towards Detailed Sentencing Statistics for Armed Robbers." Australian & New Zealand Journal of Criminology 31, no. 1 (April 1998): 3–26. http://dx.doi.org/10.1177/000486589803100102.

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Recently, Lovegrove developed a decision model describing how judges in Victoria apply the totality principle to determine sentences for offenders convicted on multiple counts. The model, taking the form of a set of working rules, is empirically based but springs from the legal analyses of Thomas and Ashworth. This article describes a new study in which this conceptual framework is used to analyse archival sentencing data in order to show quantitatively the relationship between the effective (head) sentence determined for a case and the component sentences fixed for its comprising counts. The sample comprised 69 multiple-count cases in which armed robbery was the principal offence. They were selected from cases heard in the Victorian Court of Criminal Appeal between 1985 and 1994 (inclusive). The theoretical significance of this work is that it uses archival data to quantify an algebraic model — reciprocal function — representing the judges' approach to this sentencing problem. The practical product of this study is a method for developing, for the assistance of judges, detailed sentencing statistics: these could be used to generate an effective sentence from the sentences fixed for counts comprising a case, according to sentencing practice.

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Thornton, Katherine, Susan Webster, and Meredith Temple-Smith. "Is immunisation for children and young people in statutory care in Victoria 'all too hard'? A qualitative study with health professionals." Australian Journal of Primary Health 25, no. 2 (2019): 131. http://dx.doi.org/10.1071/py18096.

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This formative study aimed to identify health professionals’ perspectives on vaccination issues among children in statutory out-of-home care in Victoria. Eight health professionals, drawn from a purposive Victorian sample known to be proactive in addressing the vaccination needs of children in out-of-home care, took part in semi-structured interviews. Questions addressed participants’ views about roles and responsibilities, barriers and enabling factors affecting vaccination, and ideas about systems improvements. Interview transcripts were analysed thematically. The main themes that emerged were health professionals’ observations about vaccine hesitancy among significant adults in the out-of-home care sector, the paucity of child medical history information available and diffuse responsibility for the provision of legal consent to vaccination. More accurate immunisation status monitoring appears warranted for children in out-of-home care. Unless the collection and maintenance of child medical records improves and vaccination consent processes are streamlined, health professionals will be limited in their capacity to provide efficient vaccination services to these children. Research on vaccine hesitancy among staff and carers in the statutory care sector may be of value. This study supports other Australian research that indicates these children may require more targeted, inter-sectoral immunisation approaches.

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Petch, Simon. "Law, Equity, and Conscience in Victorian England." Victorian Literature and Culture 25, no. 1 (1997): 123–39. http://dx.doi.org/10.1017/s1060150300004666.

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This paper is concerned with the Judicature Acts of 1873 and 18751 and the controversy surrounding them. The administrative reform of the Judicature was less obviously controversial than some other Victorian reformist legislation, such as the Factory Act, or the Married Women's Property Act, but legal debate about the Judicature Acts brings the law into dialogue with moral debates in the broader arena of Victorian culture. As a response to a crisis of authority in the country's legal institutions, this debate was one significant manifestation of the general conflict between authority and individualism that pervades Victorian discourse. The key terms of the legal debate were law, conscience, and equity, underwritten by the vague but powerful concepts of justice and natural law, and throughout the debate the relationships between legal usage and other forms of language were persistently questioned. The terms were also tested, and the questions asked, in such central literary texts asDaniel Deronda, Idylls of the King, andThe Ring and the Book, and in the writings of such culturally central figures as Charles Darwin and Frederick Denison Maurice.

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Maylea, Christopher. "The capacity to consent to sex in mental health inpatient units." Australian & New Zealand Journal of Psychiatry 53, no. 11 (May 22, 2019): 1070–79. http://dx.doi.org/10.1177/0004867419850320.

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Objective: Discussions of capacity to consent in mental health care usually revolve around capacity to consent to treatment. This paper instead explores the issue of capacity to consent to sexual activity in a mental health inpatient setting as a way of exploring capacity from a different perspective. This is not a purely theoretical exercise, with both consensual sexual activity and sexual assault commonplace in mental health inpatient units, current policy and practice approaches are clearly not working and require re-examination. Methods: Four key frameworks are explored: human rights law, mental health law, the criminal law and the law of tort governing the duty of care. These frameworks are explored by highlighting relevant case law and statutes and considering their potential application in practice. This is undertaken using the state of Victoria, Australia, as a case study. Results: The four frameworks are shown to be consistent with each other but inconsistent with contemporary policy. All four legal frameworks explored require clinicians to take a case-by-case assessment to ensure that a person’s right to make their own decisions is preserved ‘ unless the contrary is demonstrably justified’ or where it is ‘ legally demanded’. While Victorian inpatient units attempt to enforce a blanket ban on consensual sexual activity in inpatient settings, this ban may be without legal basis and may be in breach of both human rights and mental health law. Conclusion: In policing the lawful bodily interactions of their patients and pushing sexual activity out of sight, clinicians may be breaching their duty of care to provide sexual health support and risk creating an environment in which the therapeutic relationship will be sacrificed to the enforcement of institutional policy. Clinicians and policymakers must understand the relevant legal frameworks to ensure that they are acting ethically and lawfully.

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Dracup, Mary, and Richard Coverdale. "E-Learning Opportunities and Challenges for Legal Education in Rural Victoria." Alternative Law Journal 40, no. 2 (June 2015): 127–31. http://dx.doi.org/10.1177/1037969x1504000214.

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Xenidis, Helena. "The Influence of Legal Firms' Culture on Employee Turnover: The Case of Victorian Legal Firms." International Journal of Knowledge, Culture, and Change Management: Annual Review 5, no. 4 (2006): 41–50. http://dx.doi.org/10.18848/1447-9524/cgp/v05i04/49552.

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Sklar, Tara, Jennifer Schulz Moore, Marie Bismark, and Yamna Taouk. "Vulnerability to legal misconduct: a profile of problem lawyers in Victoria, Australia." International Journal of the Legal Profession 27, no. 3 (April 27, 2020): 269–89. http://dx.doi.org/10.1080/09695958.2020.1751166.

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Svoboda, J. Steven. "Circumcision—A Victorian Relic Lacking Ethical, Medical, or Legal Justification." American Journal of Bioethics 3, no. 2 (May 2003): 52–54. http://dx.doi.org/10.1162/152651603766436243.

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CAMPBELL, GARETH, and JOHN D. TURNER. "Substitutes for legal protection: corporate governance and dividends in Victorian Britain1." Economic History Review 64, no. 2 (April 12, 2011): 571–97. http://dx.doi.org/10.1111/j.1468-0289.2010.00545.x.

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Bates, Frank. "Some Impending Legal Problems for Social Workers." Children Australia 10, no. 4 (1986): 4–11. http://dx.doi.org/10.1017/s0312897000016623.

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AbstractMany areas of the law with which social workers are required to deal are particularly dynamic and, in order to meet the challenges they present, it is necessary to look ahead. Developments in the United States often provide a useful means of predicting developments in Australia. The paper examines three areas, proceedings, social security law, and mental health – where change is becoming, or likely to become, apparent, in the first topic, there has been a marked change in both the issues with which the courts have had to deal and the methodology which they have adopted to attempt to resolve them. In social security law, decisions of the Administrative Tribunal have illustrated anomalies and deficiencies in the legislation, and social workers in their daily practice may notice others. All of that might well lead to a necessary review of the legislation. In the area of mental health legislation, a draft bill in Victoria contains a number of disquieting features which should cause social workers, as well as lawyers, concern. The paper concludes by noting that the legal relationship between social workers and the law has never been more subject to scrutiny in a wide variety of situations, and mutual respect between the two disciplines must continue to increase.

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Birleson, Peter. "Legal Rights and Responsibilities of Adolescents and Staff in Victorian Child and Adolescent Mental Health Services." Australian & New Zealand Journal of Psychiatry 30, no. 6 (December 1996): 805–12. http://dx.doi.org/10.3109/00048679609065048.

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Objectives: The aim of the paper is to clarify the legal rights of adolescent patients, guardians and staff in Victorian Child and Adolescent Mental Health Services (CAMHS). Victorian CAMHS have now been ‘gazetted’ and can admit patients on an involuntary basis under the amended Mental Health Act 1986 (MHA). The MHA applies equally to young people under the age of 18 years, which has raised some confusion about who has the right to consent to treatment. Method: Staff of CAMHS inpatient units have recently posed questions to the Victorian chief psychiatrist. These have included clarification of when the MHA may be appropriately used for adolescents, what is the clinician's duty of care, how to assess young people's capacity to consent to treatment, how to manage some patient groups, and what is the role of the courts in treatment decisions. The author provides a view on each of these matters, based on recent literature and confirmed by legal opinion. Results: Some matters of fact are presented and advice is provided. Conclusions: Services must seek the informed consent of guardians and adolescents and, for those young people with major psychiatric disorders who require treatment and are unable to consent, the amended MHA provides clearer direction for the use of involuntary treatment. Where units offer admission to provide assessment and stabilisation, a clear explanation about the treatment goals, and the role of restraint and medication in managing behaviour is essential at the outset of the admission process.

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Bartholomew, Terry. "Legal and clinical enactment of thedoli incapaxdefence in the supreme court of Victoria, Australia." Psychiatry, Psychology and Law 5, no. 1 (April 1998): 95–105. http://dx.doi.org/10.1080/13218719809524923.

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Baker, G. Blaine. "Testamentary Archeology in Late-Victorian Ontario: William Martin's Little, Posthumous Legal System." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 30, no. 03 (September 29, 2015): 345–63. http://dx.doi.org/10.1017/cls.2015.28.

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AbstractThis is a 'will-in-context' study of a Toronto bequest of the 1880s that shows how a testator's ideological commitment to freedom of willing and his retention of high-powered legal talent to actualize that commitment were derailed by a hapless or avaricious executor, unpredictable real-estate markets, a lethargic court, and eccentric beneficiaries. It also suggests that self-made private law like contracts, trusts, and wills may be as doctrinally, textually, or administratively contradictory, indeterminate, or unpredictable as state-made public or regulatory law has often been shown to be.

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Naylor, Bronwyn, and Danielle Tyson. "Reforming Defences to Homicide in Victoria: Another Attempt to Address the Gender Question." International Journal for Crime, Justice and Social Democracy 6, no. 3 (September 1, 2017): 72–87. http://dx.doi.org/10.5204/ijcjsd.v6i3.414.

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In 2005 in the Australian state of Victoria, significant changes were made to the defences to homicide. These reforms were in response to long standing concerns about the gendered operation of provocation and self-defence by feminist researchers and advocates, Law Reform Commissions, the media and political pressures. This paper critically examines the reforms and the extent to which they have addressed these varied concerns and interests. The paper argues that these important law reforms have challenged some of the powerful narratives being used in the courts that minimise the existence and significance of family violence in intimate relationships. We see this particularly in judicial sentencing remarks. However, law reform must be accompanied by a shift in legal culture to be effective in practice. To this end, we argue that legal professionals need to have information about how to utilise the new family violence provisions as well as ongoing training and professional development to promote consistent understandings of family violence across the criminal justice system.

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KRUEGER, CHRISTINE L. "“Vox Populi, Vox Vulgari”: Pro Se Representation in Victorian Popular Legal Culture." Nineteenth Century Studies 21, no. 1 (January 1, 2007): 127–37. http://dx.doi.org/10.2307/45196989.

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KRUEGER, CHRISTINE L. "“Vox Populi, Vox Vulgari”: Pro Se Representation in Victorian Popular Legal Culture." Nineteenth Century Studies 21, no. 1 (January 1, 2007): 127–37. http://dx.doi.org/10.2307/ninecentstud.21.2007.0127.

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Edwards, Anne, and Melanie Heenan. "Rape Trials in Victoria: Gender, Socio-cultural Factors and Justice*." Australian & New Zealand Journal of Criminology 27, no. 3 (December 1994): 213–36. http://dx.doi.org/10.1177/000486589402700301.

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The criminal law with respect to rape continues to be a major focus of academic, feminist and community attention. Since the 1970s a number of reforms have been introduced into the statutes and procedures relating to the definition of rape and the conduct of rape cases in the courts. This paper reports on the results of a 1990 Melbourne study, involving first-hand observation and systematic written recording of the entire court proceedings in six rape trials. The intention was to examine the role extra-legal socio-cultural factors play in the presentation and interpretation of accounts given in court and the influence they have on the outcomes. The analysis explores in detail the influence of the following: use of physical force and resistance; alcohol; the victim's social, moral and particularly sexual character, and her relationship with the accused.

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O'Donahoo, Jamie, and Janette Graetz Simmonds. "Forensic Patients and Forensic Mental Health in Victoria: Legal Context, Clinical Pathways, and Practice Challenges." Australian Social Work 69, no. 2 (February 7, 2016): 169–80. http://dx.doi.org/10.1080/0312407x.2015.1126750.

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Hager, Kelly. "JASPER PACKLEMERTON, VICTORIAN FREAK." Victorian Literature and Culture 34, no. 1 (March 2006): 209–32. http://dx.doi.org/10.1017/s1060150306051126.

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ONE OF THEOED'S DEFINITIONSof the word “freak” is that of a freak of nature, “a monstrosity, an abnormally developed individual of any species; a living curiosity exhibited in a show.” The freak of nature I wish to focus on in this essay is marriage, and specifically, marriage as it is “exhibited” in Dickens's novelThe Old Curiosity Shop(1840–41). To refer to marriage in a Victorian novel as a freak of nature is perhaps surprising. To refer to the sacred institution as freakish in a Dickens novel may seem to border on heresy. After all, Dickens is the self-appointed novelist of hearth and home, the creator of conservative domestic plots that celebrate marriage as the institution that establishes closure for the novel and for the society it represents. Despite this apparent conservatism and despite our vague sense that most marriages in Dickens are as happy as David and Agnes's, Esther and Allen Woodcourt's, Biddy and Joe's, it is in fact the case that in all his novels, fromThe Pickwick PaperstoOur Mutual Friend, Dickens is fascinated–in a multiplicity of ways both large and small, in a manner that is alternately comic, tragic, melodramatic, ironic–with marriage's discontents. In fact, the disintegration of the institution is one of the things that Dickens makes fictions from, giving the failure of marriage a surprisingly high degree of visibility and presenting the breaking of the matrimonial bond with remarkable clarity and persistence. Dickens novels are full of wives who leave their husbands (Edith Dombey, Lady Dedlock, Louisa Gradgrind), breach of promise suits (inPickwickandOur Mutual Friendmost famously) and characters who try to find legal ways of escaping their marriages (Stephen Blackpool, Betsey Trotwood,Nickleby's Madame Mantalini). This essay, then, is an analysis of how Dickens undermines the institution early in his career, and of how the comic and grotesque display of the body, the sprawling, teeming physical surfaces ofThe Old Curiosity Shop, both conceal and reveal a story of marital skepticism.

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Snowden, John Rockwell, and Mark R. Scherer. "Imperfect Victories: The Legal Tenacity of the Omaha Tribe, 1945-1995." Journal of American History 87, no. 4 (March 2001): 1573. http://dx.doi.org/10.2307/2674883.

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Chen, Haiting, and Jingjing Lu. "A Comparative Study of the Miserable Fate of Tess and Xianglin’s Wife from Legal System." Theory and Practice in Language Studies 9, no. 9 (September 1, 2019): 1208. http://dx.doi.org/10.17507/tpls.0909.18.

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Law and Interdisciplinary research (“Law-and”) has flourished since the 1960s. “Law and literature” is an academic movement under such a background in the United States. The author uses Tomas Hardy's Tess of the d'Urbervilles and Lu Xun's The New-Year Sacrifice to analyze and compare the legal system in British Victorian and Chinese semi-feudal and semi-colonial society, and explores the root causes of the tragic fate of Tess and Xianglin’s Wife. Meanwhile, the paper reveals the predicament of women in the East and West around the 20th century.

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Alenza García, José Francisco. "Ulpiano vence o ódio: a vitória do estado de direito sobre o terrorismo à luz de "El mal de Corcira", de Lorenzo Silva." Anamorphosis - Revista Internacional de Direito e Literatura 7, no. 1 (June 30, 2021): 39–64. http://dx.doi.org/10.21119/anamps.71.39-64.

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El mal de Corcira is a novel by Lorenzo Silva, in which Bevilacqua (a member of the Civil Guard) is set to investigate the murder of a former ETA supporter, and recalls the years he had fought terrorism. When the terrorist group ceases to exist, Bevilacqua is able to reflect on the fight, in a mixture of personal experience memoirs from his youth with the knowledge he had gained with age. In his thoughts, Bevilacqua reveals the totalitarian ideology of ETA, highlighting the Law as the ideal form to fight terrorism, and pointing to the importance of not accepting hate ideologies that plan to threat freedom. The main lesson from the novel is to avoid the plague of Corcyra (which Thucydides wrote about when reporting the Peloponnesian War) in our days, and that the hatred that poses danger to social peace and freedom be overcome by the legal precepts of Ulpian.

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Freiberg, Arie. "'Jalal's Law': Driving Reform in the Wrong Direction." International Journal for Crime, Justice and Social Democracy 9, no. 2 (February 11, 2020): 152–69. http://dx.doi.org/10.5204/ijcjsd.v9i2.1238.

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This article provides a case study of the process of criminalising a form of dangerous driving in Victoria. It examines the process whereby an ostensibly draconian Bill was transformed into one far less damaging to fundamental criminal law principles and illustrates how populism may be tempered by proper parliamentary procedures, cooperation between parties and a desire to balance political and legal imperatives. It also examines the place of constructive offences in the criminal law and the role that the consequences of an offence plays in the structure of the substantive criminal law and in sentencing, particularly in the context of driving offences.

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Duy, Le Huynh Tan, and Marilyn McMahon. "Protecting the Identity of Juveniles in Criminal Proceedings in Viet Nam and Victoria." Asia-Pacific Journal on Human Rights and the Law 22, no. 2 (May 31, 2021): 115–49. http://dx.doi.org/10.1163/15718158-22020001.

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Abstract This article compares protections relating to the non-disclosure of the identity of juveniles involved in the criminal justice systems of Viet Nam and Victoria (Australia). Both jurisdictions are committed to the principle of having an open court for the trials of juveniles. Nevertheless, being mindful of recommendations made by human rights bodies such as the United Nations Committee on the Rights of the Child – which promotes a closed court for these cases – both jurisdictions also recognise the importance of protecting the identity of juveniles on trial for criminal offences. They seek to balance their competing commitments to open court hearings and the protection of privacy through severely restricting the publication of information that could identify juvenile defendants. However, a review of the law and practices in both jurisdictions identifies different impacts and a number of problems. While restrictions on the publication of identifying information works effectively in Victoria, relevant laws are regularly breached without prosecution in Viet Nam. Significantly, existing protections in both Viet Nam and Victoria are almost exclusively focused on the trial phase and very few effective protections exist at earlier points, such as arrest and interrogation. This was highlighted by a focused investigation of pre-trial detention (bail), which revealed that while the practical operation of bail processes in Victoria is relatively stronger than in Viet Nam, statutory reform is required in both jurisdictions to strengthen legal protections against disclosure. In summary, the analysis demonstrates that it is possible to effectively protect the identity of juvenile defendants at the trial phase in an open court system provided that laws prohibiting the publication of identifying information are enacted, observed and enforced. In Viet Nam, significant changes in attitudes and practices are required to achieve this. Moreover, reform is required in both jurisdictions if the identity of juveniles involved in criminal justice proceedings is to be protected at the pre-trial phase.

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Bjorklund, Pamela. "Invisibility, Moral Knowledge and Nursing Work in the Writings of Joan Liaschenko and Patricia Rodney." Nursing Ethics 11, no. 2 (March 2004): 110–21. http://dx.doi.org/10.1191/0969733004ne677oa.

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The ethical ‘eye’ of nursing, that is, the particular moral vision and values inherent in nursing work, is constrained by the preoccupations and practices of the superordinate biomedical structure in which nursing as a practice discipline is embedded. The intimate, situated knowledge of particular persons who construct and attach meaning to their health experience in the presence of and with the active participation of the nurse, is the knowledge that provides the evidence for nurses’ ethical decision making. It is largely invisible to all but other nurses. Two nurse researchers, Joan Liaschenko of the University of Minnesota and Patricia Rodney of the University of Victoria, have investigated the ethical concerns of practising nurses and noted in their separate enquiries the invisible nature of critical aspects of nursing work. Noting the similarities in their respective observations, and with the feminist ethics of Margaret Urban Walker as a theoretical framework, this article examines the concept of ‘invisibility’ as it relates to nursing work and nursing ethics.

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Kirchengast, Tyrone. "Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence." International Journal of Evidence & Proof 25, no. 1 (January 2021): 53–72. http://dx.doi.org/10.1177/1365712720983931.

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The past several decades have witnessed a shift toward victim interests being considered and incorporated within adversarial systems of justice. More recently, some jurisdictions have somewhat contentiously considered granting sex offences complainants’ legal representation at trial. In Australia, the Royal Commission into Institutional Responses to Child Abuse (2017), the Royal Commission into Family Violence (2016) and the Victorian Law Reform Commission (2016) considered the potential role of legal counsel for complainants in the criminal trial process. While contrasting quite significantly with the traditional adversarial framework—which sees crime as contested between state and accused—legal representation for complainants is not unprecedented, and victims may already retain counsel for limited matters. Despite broader use of victim legal representation in the United States, Ireland and Scotland, and as recently considered by the Sir John Gillen Review in Northern Ireland, legal representation for sex offences complainants is only just developing in Australia. Notwithstanding recent reference to legal representation for complainants where sexual history or reputational evidence may be adduced, there exists no sufficient guidance as to how such representation may be integrated in the Australian criminal trial context. This article explores the implications of introducing such counsel in Australia, including the possible role of non-legal victim advocates.

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Roussy, Véronique, and Charles Livingstone. "Service planning in the Victorian community health sector." Australian Journal of Primary Health 21, no. 3 (2015): 268. http://dx.doi.org/10.1071/py14076.

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Until now, comprehensive service planning has been uncommon in the Victorian community health sector. Where it has occurred, it has primarily been undertaken by community health services embedded within larger, hospital-based health services. Reflections on the utility and efficacy of community health service planning are largely absent from the Australian peer-reviewed literature. Using a case study focussed on a specific centre in Melbourne’s outer suburbs, this paper explores how community health service planning is shaped by the current policy context, the legal status of registered community health services, and the data and methodologies available to inform planning. It argues that regular and systematic service planning could support registered community health centres to better understand their unique position within the primary health-care landscape, having regard to their inherent opportunities and vulnerabilities. Furthermore, consistent and effective service planning is proposed to benefit agencies in establishing themselves as critical players in promoting local population health initiatives and driving improved health outcomes.

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Goodwin, Val, and Brenda Happell. "Psychiatric Nurses Enhancing Consumer and Caregiver Participation in the State of Victoria." Policy, Politics, & Nursing Practice 8, no. 1 (February 2007): 55–63. http://dx.doi.org/10.1177/1527154406298389.

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Schramm, Jan-Melissa. "“THE ANATOMY OF A BARRISTER'S TONGUE”: RHETORIC, SATIRE, AND THE VICTORIAN BAR IN ENGLAND." Victorian Literature and Culture 32, no. 2 (September 2004): 285–303. http://dx.doi.org/10.1017/s1060150304000506.

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IN THE HISTORY OF PENDENNIS(1848–50), William Thackeray calls upon the binary model of Victorian intellectualism in order to define the status and responsibilities of an author of fiction. For Thackeray, himself an initiate of the Middle Temple, the antagonist which permitted such a clarification of artistic privilege was the law, as conceived in utilitarian and mechanistic terms. Perhaps inspired by the ensign of the Inner Temple, the Winged Horse – suggestive of Thackeray's favorite trope for his own creativity, Pegasus-in-Harness – Thackeray effects a deft appropriation of the humanist history of the law for the services of literature, thus divorcing current legal praxis from its traditional role in the protection of liberties and the creation of English identity. Only the author can appreciate and animate the law's history, which is itself a tale of synergistic legal and literary productivity:

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Brown, Thea, Rosemary Sheehan, Margarita Frederico, and Lesley Hewitt. "Child abuse in the context of parental separation and divorce: New reality and a new intervention model." Children Australia 27, no. 2 (2002): 35–40. http://dx.doi.org/10.1017/s1035077200005058.

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Child abuse allegations in the context of parental separation and divorce have long been seen as merely weapons fashioned by angry and vindictive parents involved in separation and divorce wars. They have been disregarded on the basis that they were unlikely to be real.However recent research from Australia and overseas has shown that this picture is not true. Child abuse in this context is real and it is serious. Moreover the research has shown that the socio-legal system does not serve children caught in this situation at all well.The Magellan program, a world first experimental program to overcome the problems for these children and their families as they progress through the socio-legal system, was introduced by a consortium of agencies in Victoria recently. This article reports on the program and its outcomes, and considers implications of some of the components of the new program for the various professionals working with this issue.

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Maylea, Chris, and Asher Hirsch. "The right to refuse: The Victorian Mental Health Act 2014 and the Convention on the Rights of Persons with Disabilities." Alternative Law Journal 42, no. 2 (June 2017): 149–55. http://dx.doi.org/10.1177/1037969x17710622.

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This article considers how the Victorian Mental Health Act 2014 extinguishes the right of people with a mental illness to refuse treatment in light of the Convention on the Rights of Persons with Disabilities, which prohibits detention or compulsory treatment on the basis of a person’s disability. Three possible resolutions of this inconsistency are proposed and considered: repealing the Mental Health Act 2014, de-linking disability from compulsory treatment, and maintaining legal capacity by supporting mental capacity.

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Rotberg, Robert I. "The Great Twister: The Legal Fiction of Persons and States." Journal of Interdisciplinary History 53, no. 3 (2022): 509–15. http://dx.doi.org/10.1162/jinh_a_01872.

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Abstract Fitzmaurice’s King Leopold’s Ghostwriter is a fascinating Dickensian tale of law and extreme hubris upending one of Oxford, the law, and Queen Victoria’s own—Sir Travers Twiss. His failed attempt to conceal that he had married a prostitute ultimately led him to an ill-advised, and self-contradictory, endorsement of Belgian King Leopold II’s establishment of the Congo Free State. Indeed, Twiss’ every professional accomplishment is now subject to a severe re-assessment in the light of his willingness to do Leopold’s dirty work and thus place millions of Congolese in serious harm’s way. More Congolese would have lived, and Africa might have remained less scrambled if Twiss had not married a prostitute and been exposed as a fabulous mountebank.

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Ong, Kevin, Andrew Carroll, Shannon Reid, and Adam Deacon. "Community Outcomes of Mentally Disordered Homicide Offenders in Victoria." Australian & New Zealand Journal of Psychiatry 43, no. 8 (January 1, 2009): 775–80. http://dx.doi.org/10.1080/00048670903001976.

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Objective: The aim of the present study was to describe characteristics and post-release outcomes of Victorian homicide offenders under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (and/or its forerunner legislation) released from forensic inpatient psychiatric care since the development of specialist forensic services. Method: A legal database identified subjects meeting inclusion criteria: hospitalized in forensic psychiatric care due to finding of mental impairment or unfitness to stand trial for homicide in Victoria; released into the community; and released between 1 January 1991 and 30 April 2002. Using clinical records, demographics, index offence, progress in hospital, diagnosis, psychosocial and criminological data were obtained. Outcomes (offending or readmission into secure care) were obtained from the clinical records. Results: Of the 25 subjects, 19 (76%) were male. Primary diagnoses on admission to forensic hospital care were schizophrenia, n = 16 (64%); other psychotic disorder, n = 5 (20%); depression, n = 3 (12%); and personality disorder, n = 1 (4%). Mean time in custodial supervision was 11 years and 2 months, less for those whose offence occurred after the development of forensic rehabilitation services. In the first 3 years after release, there was a single episode of criminal recidivism, representing a recidivism rate of 1 in 25 (4%) over 3 years. Twelve subjects (48%) were readmitted at some point in the 3 year follow up. Conclusion: There was a very low rate of recidivism after discharge, but readmissions to hospital were common. Lengths of custodial care were reduced after the introduction of forensic rehabilitation facilities. Recidivism is low when there are well-designed and implemented forensic community treatment programmes, consistent with other data suggesting a reciprocal relationship between safe community care and a low threshold for readmission to hospital, lessening re-offending at times of crisis. Further research should be directed at timing of release decisions, based on reducing identified risk factors to acceptable levels.

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van Balen, Clare. "Beyond the Vexatious Proceedings Act: Victoria's unfinished business." Alternative Law Journal 43, no. 1 (March 2018): 35–39. http://dx.doi.org/10.1177/1037969x17748434.

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This article explores the strengths and limitations of the Vexatious Proceedings Act 2014 (Vic). The author evaluates the capacity of the legislation to balance substantive access to justice with efficiency and effectiveness, highlighting the extra-legal needs of vexatious litigants, and exploring the operation of the Act on vulnerable populations and intervention order litigants. This article argues there is a need to re-visit the broader aims of the Inquiry into Vexatious Litigants Report (2008) beyond implementation of what is otherwise model legislation.

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HEILIG, STEVE. "Hospice with a Zen Twist: A Talk with Zen Hospice Founder Frank Ostaseski." Cambridge Quarterly of Healthcare Ethics 12, no. 3 (July 2003): 322–25. http://dx.doi.org/10.1017/s096318010312316x.

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Although housed in an anonymous Victorian house in San Francisco, California, the Zen Hospice Project (ZHP) is world renowned for its pioneering model of training hospice volunteers, providing direct services to patients, and offering educational programs to the broader public.

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Cohen, Monica F. "IMITATION FICTION: PIRATE CITINGS IN ROBERT LOUIS STEVENSON'S TREASURE ISLAND." Victorian Literature and Culture 41, no. 1 (March 2013): 153–73. http://dx.doi.org/10.1017/s1060150312000289.

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When Charles Dickens tried to lobby for American support of an international copyright agreement during his wildly popular 1842 tour of the United States, the English author was famously shocked to find himself lambasted as an elitist who dared expect payment for what Americans believed they had the right to read for free (McGill 109–40; Claybaugh 71; Pettitt 152). Dickens encountered in the practice of literary piracy, or what was called in the United States, the culture of reprinting, a deep fissure in capitalist democratic culture between individual ownership and public access, an ideological divide that forms the backdrop for the creation and circulation of nineteenth-century print. If the legal privatization of intellectual property hovered in the imagination of so many Victorian writers, it formed the happy ending of a long nineteenth-century struggle over literary piracy, a contention of goods that shaped the Victorian stage as we well as the transatlantic literary marketplace.

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Journal articles on the topic 'Legal aid Victoria'

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