Flinders University Faculty of Education, Humanities & Law
EHL: OUR RESEARCH
ARCHAEOLOGY ARTS AUSTRALIAN STUDIES CRIMINOLOGY DRAMA DANCE EDUCATION ENGLISH FASHION FRENCH ITALIAN INDONESIAN JUSTICE LAW MODERN GREEK PHILOSOPHY
E EDUCATION 07
The key to a successful start at school
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Better teaching through mindfulness
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A holistic approach to sports research
H HUMANITIES & CREATIVE ARTS 19
The cultural value of Adelaide’s arts scene
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Computing in the 1980s - a retrospective
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Awards aplenty in Creative Arts
L L AW 31
Flinders researchers keeping an eye on crime
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Law School helps to fight miscarriages of justice
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Dealing with the cross-border effects of environmental treaties
CATION
EDU
ITIES HUMAN & LAW
THE FACULTY OF EDUCATION, HUMANITIES & LAW AT FLINDERS UNIVERSITY EXPLORES THE FOUNDATIONS OF THE WORLD WE LIVE IN: FROM WHAT AND HOW WE LEARN, TO THE LAWS BY WHICH WE ARE GOVERNED, THROUGH TO HOW WE SHAPE CULTURE AND HOW CULTURE SHAPES US. We are preparing the next generation of professionals in these areas by offering a rich, diverse, and up-to-date understanding of society – including its beliefs, institutions, and cultural artefacts – so that our graduates and researchers may better contribute to its future. The Faculty comprises three schools: the School of Education, the School of Humanities & Creative Arts, and the Law School. Through these schools, we conduct research and offer courses in a diverse range of areas, our key strengths being an interdisciplinary approach and connection to industry. These strengths enable us to keep in touch with the very latest developments in thought and practice, while contributing meaningfully to the communities that Flinders University serves both in Australia and internationally.
HEALTH LANGUAGES SECONDARY PRIMARY SECONDARY SCIENCE SPECIAL EDUCATION DISABILITY STUDIES EARLY CHILDHOOD HEALTH LANGUAGES
CATION
EDU
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EHL: OUR RESEARCH
PRIMARY SECONDARY SCIENCE SPECIAL EDUCATION DISABILITY STUDIES EARLY CHILDHOOD HEALTH LANGUAGES PRIMARY SECONDARY SCIENCE SPECIAL EDUCATION DISABILITY STUDIES
TO PREPARE FUTURE GENERATIONS FOR THE CHALLENGES OF A RAPIDLY CHANGING WORLD, EDUCATION NEEDS TO BE DYNAMIC.
FLINDERS UNIVERSITY’S SCHOOL OF EDUCATION AIMS TO BE AT THE FOREFRONT OF THIS EDUCATIONAL CHANGE. THROUGH TEACHING, RESEARCH, AND COMMUNITY ENGAGEMENT, THE SCHOOL IS HELPING TO SHAPE THE FUTURE OF EDUCATIONAL POLICY AND PRACTICE. THIS IS DRIVEN BY A MULTIDISCIPLINARY APPROACH THAT CONNECTS DIVERSE DISCIPLINES TO GENERATE INNOVATIVE EDUCATION SOLUTIONS AND INITIATIVES.
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TO A KEY
THE SUCCESSFUL START AT SCHOOL In comparison with other OECD countries such as the UK and USA, there is limited Australian evidence regarding both the short-term and long-term benefits of quality early childhood education and care. This lack of Australian research is hampering the development of coherent and long-term policy in this important area – but Associate Professor Susan Krieg from the School of Education is taking steps to change this. Associate Professor Krieg is developing a national research project based on the outcomes of a recent pilot funded by the Children’s Research Foundation. The “I Go to School” project tracked children attending combined pre-school and childcare centres in South Australia as they made their transition to school. The study involved 347 children from eight participating centres. Parents and teachers completed questionnaires regarding the children’s development in the year the children turned four and then again in the term they started school at age five. This enabled the researchers to investigate the changes that had occurred in the children’s development alongside their access to and participation in early childhood programs. The research showed that the children’s exposure to quality early childhood programs made a difference to a successful start at school. The children who benefitted most from this exposure (in terms of the number of hours attended and the quality of the early childhood program) were the children experiencing social disadvantage.
The larger national study, to be undertaken in collaboration with Monash University and the University of Victoria, intends to build on, but also modify, aspects of the pilot project. Not only is the study designed to be carried out on a larger scale, it also aims to draw from lessons learnt in the pilot project to expand and alter aspects of the research design. For example, one of the features of the South Australian study was the degree of disparate responses from parents: the sample of parent responses from disadvantaged social circumstances was far smaller than that from more advantaged families. The larger study will use different strategies to engage a more inclusive sample of families. The national project is designed to commence in 2016.
THE RESEARCH SHOWED THAT THE CHILDREN’S EXPOSURE TO QUALITY EARLY CHILDHOOD PROGRAMS MADE A DIFFERENCE TO A SUCCESSFUL START AT SCHOOL.
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BETTER THROUGH TEACHING MINDFULNESS
DR LEIGH BURROWS FROM THE SCHOOL OF EDUCATION IS RESEARCHING THE USE OF MINDFULNESS AS A METHOD FOR IMPROVING TEACHING OUTCOMES AND TEACHER WELLBEING.
Mindfulness is defined as “paying attention in a particular way: on purpose, in the present moment, and non-judgmentally” – Jon Kabat-Zinn, Wherever You Go, There You Are (New York: Hyperion, 1994, p.4). Since the 1970s, clinical psychology and psychiatry have developed a number of therapeutic applications based on mindfulness to help people suffering from a variety of psychological conditions, including stress. Dr Burrows is a member of the Student Wellbeing and Prevention of Violence (SWAPv) Centre, and leads the Mindfulness Research special interest group. As a long-time practitioner and scholar of eastern and western approaches to mindfulness, she believes that if educators are successfully to address the management, teaching, and emotional challenges of classroom and school environments, they need a high degree of social and emotional competence and understanding. Dr Burrows’ research indicates that mindfulness can assist with this need, and that it should be an integral part of teacher training. Not only does mindfulness help teachers respond rather than react, it also makes them more aware of what they’re feeling, thinking, and sensing, and enables them to ground themselves in the present moment. For example, in stressful situations, teachers often tend to react immediately, then “lie awake at night thinking they should have handled it differently”. Mindfulness can provide teachers with methods to become more focused on their overarching teaching goals so that they make better decisions when under stress.
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Dr Burrows has undertaken research into the benefits of relatively simple mindfulness techniques which can be carried out in any circumstance, including in the workplace. Feedback from her research experiments has been overwhelmingly positive, with participants indicating that previously difficult situations were no longer a problem, and that their feelings towards the situation had changed for the better. They also considered the experience to be a valuable form of professional learning. While mindfulness is increasingly used as a tool to help students, Dr Burrows says there has been little work done in Australia to show how it can be a useful self-empowering tool for teachers, giving them something to draw on from within themselves in the midst of complex situations. Dr Burrows’ research contributes to the growing body of evidence demonstrating the benefits of mindfulness. Her research into techniques to practise mindfulness has potential impact well beyond improving teaching outcomes. Dr Burrows’ research has appeared at ResearchGate, academia.edu, and on Channel 9 News.
HER RESEARCH INTO TECHNIQUES TO PRACTISE MINDFULNESS HAS POTENTIAL IMPACT WELL BEYOND IMPROVING TEACHING OUTCOMES.
A
HOLISTIC APPROACH
TO SPORTS RESEARCH 13
EHL: OUR RESEARCH
THE SPORT, HEALTH AND PHYSICAL EDUCATION (SHAPE) RESEARCH CENTRE IS A MULTIDISCIPLINARY RESEARCH AND DEVELOPMENT GROUP, BRINGING TOGETHER RESEARCHERS IN THE AREAS OF SPORT, HEALTH, AND PHYSICAL EDUCATION FOR THE BENEFIT OF SPORTS CLUBS AND INDIVIDUAL ATHLETES AND THEIR COMMUNITIES IN SOUTH AUSTRALIA. 15
EHL: OUR RESEARCH
SHAPE was launched in August 2014 and, unlike other research centres in this field, takes a holistic approach to research into sport and health in general. The centre’s aims are to improve general health and physical education while also tackling tough social and cultural issues like negative body image and gender matters. SHAPE Director, Professor Murray Drummond – one of Australia’s leading experts on body image – said the centre stands apart because it is focused on improving outcomes for clubs, individual athletes, and the community in an unusually diverse range of areas. The centre aims to build a self-sustaining legacy with this work, with projects and research based upon strong partnerships. One of the projects being developed concerns research into life after a career in elite sport and how outcomes for professional athletes compare with those for people who partake in non-professional sport. This area of research could also explore the influence of gender and team-versus-individual sporting endeavours. In addition to examining sport at the elite level, SHAPE is committed to conducting research for and with the community. For example, Dr Sam Elliott is researching the impact that parents’ behaviours have on children participating in organised junior sport. Dr Elliott’s study of what is known colloquially as the “ugly parent syndrome” has shown that parental behaviour can have a profound and immediate influence on a child’s motivation and confidence, and may be the determining factor in whether a child remains engaged with sport.
Dr Elliott’s research has shown that this influence is strong not only during the period of the game, but also in post-match “debriefing” or feedback sessions, when corrections or advice – however constructively intended – can be perceived negatively by children. Dr Elliot suggests that “better understanding parental influence in youth sport can enhance the aspects of sport which positively contribute to an enjoyable sport experience”. He notes that this in turn is likely to be of benefit in the longer term, as patterns and habits of physical activity established during childhood are strong predictors of behaviours in these areas during adulthood.
ONE OF THE PROJECTS BEING DEVELOPED CONCERNS RESEARCH INTO LIFE AFTER A CAREER IN ELITE SPORT AND HOW OUTCOMES FOR PROFESSIONAL ATHLETES COMPARE WITH THOSE FOR PEOPLE WHO PARTAKE IN NON-PROFESSIONAL SPORT.
Dr Sam Elliott
ARTS ARCHAEOLOGY AUSTRALIAN STUDIES CREATIVE WRITING DANCE DIGITAL MEDIA DRAMA ENGLISH FASHION INTERNATIONAL TOURISM LANGUAGE ARTS LITERATURE ARCHAEOLOGY PHILOSOPHY AUSTRALIAN STUDIES SCREEN & MEDIA CREATIVE WRITING THEOLOGY DANCE VISUAL ARTS DIGITAL MEDIA DRAMA ENGLISH FASHION INTERNATIONAL TOURISM LANGUAGE LITERATURE PHILOSOPHY SCREEN & MEDIA THEOLOGY
HUMAN CREATIVE ARTS 17
EHL: OUR RESEARCH
ITIES &
HUMAN THOUGHT AND CULTURE HAVE BEEN THE FOCUS OF SCHOLARLY ENQUIRY FOR AS LONG AS THERE HAVE BEEN UNIVERSITIES.
THE SCHOOL OF HUMANITIES AND CREATIVE ARTS AT FLINDERS ENCOMPASSES AND UNITES DIVERSE DISCIPLINE AREAS INCLUDING ARCHAEOLOGY, AUSTRALIAN STUDIES, CREATIVE ARTS, ENGLISH, LANGUAGES, PHILOSOPHY, THEOLOGY, AND TOURISM. THROUGH ITS UNIQUE CROSS-DISCIPLINARY APPROACH, THE SCHOOL IS INTEGRAL TO THE UNIVERSITY’S BROADER TEACHING AND RESEARCH ACTIVITIES.
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Director Julian Meyrick with Miriam Margolyes and Eleanor Stankiewicz during the rehearsal of ‘Neighbourhood Watch’. Photo: James Hartley
SOUTH AUSTRALIA IS PROUDLY KNOWN AS THE “FESTIVAL STATE”, YET THE BROADER IMPACT OF THE STATE’S BUSTLING ARTS SCENE IS OFTEN OVERSHADOWED BY AN EMPHASIS ON THE FINANCIAL BOTTOM LINE.
The value of culture has conventionally been based on its economic impact, but this only tells one side of the story, and the total cultural worth of Adelaide’s arts scene remains largely unknown. A multidisciplinary team of researchers based in the School of Humanities and Creative Arts is developing a set of tools that festival and event organisers can use to assess the total cultural value of SA’s arts and cultural sector and its contribution to the life of the state beyond the economic dollar. The research team is led by Flinders University’s Strategic Professor of Creative Arts, Julian Meyrick, and comprises Associate Professor Steve Brown, Associate Professor Robert Phiddian, Dr Tully Barnett (all from Flinders), and Associate Professor Stephen Boyle (University of South Australia). This team has partnered strategically and productively with three important centrepieces of Adelaide’s arts ecology: the Adelaide Festival, the State Theatre Company of South Australia, and the State Library of South Australia. Funded by a recently-won three-year Linkage Project grant from the Australian Research Council, Laboratory Adelaide: The Value of Culture will explore the overall worth of these partner organisations, and will seek practical ways to articulate and demonstrate a more wide-ranging notion of public value in assessment reporting. Economic impact statements calculate dollars that come to SA from outside the state, but this gives the impression that the value of Adelaide’s cultural events lies in attracting interstate visitors, when in fact the core users are its residents. A crucial aspect of the research is seeking to understand the value of Adelaide’s cultural events to the local population – including those who don’t attend the festival. Laboratory Adelaide builds on a pilot study, led by Flinders University, of the cultural value of the 2013 Adelaide Festival. This study was the first of its kind in Australia, and found that South Australians who weren’t festival-goers still valued the event at $16.4 million.
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The research team is further developing methods to assess the value for the people who live locally and in ways that go beyond dollars. It is also looking for ways to capture and measure the value of cultural experiences over a longer time span than is traditionally considered in such assessments, by examining impact over a lifetime rather than the usual cycle of an annual budget. The aim of the project is to provide the partner organisations with a credible assessment method that they can use to articulate all the benefits that cultural events generate for the community. The researchers appreciate that every cultural organisation has to produce impact reports – but these tend to be formulaic exercises that only allow space for the usual statistics. This project will help these cultural organisations articulate their value on their terms – cultural as well as economic. The research team envisages that these tools will subsequently be adopted and adapted by other cultural organisations, both locally and internationally, to provide a more complete picture of the total value of cultural activities and events across the world.
THIS PROJECT WILL HELP THESE CULTURAL ORGANISATIONS ARTICULATE THEIR VALUE ON THEIR TERMS — CULTURAL AS WELL AS ECONOMIC.
Barrio, the event space for the Adelaide Festival of Arts, 2013. Photo: Adelaide Festival of Arts, Shane Reid
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COMPUTER GAMING IN THE 1980 S
- A RETROSPECTIVE
In 2013, Associate Professor Melanie Swalwell of the School of Humanities and Creative Arts was the recipient of a four-year ARC Future Fellowship grant for a project entitled “Creative Microcomputing in Australia, 1976-1992”. The project focuses on the time when “micro” computers first came within reach of the mainstream population. During the 1980s, early domestic computers produced by companies such as Commodore, Tandy, and Atari provided an introduction to the digital age for many. Yet despite the importance of these early computers in the development of the technology we all use today, Associate Professor Swalwell suggests that the period has largely been overlooked. Associate Professor Swalwell’s Future Fellowship project examines a number of creative uses of computing from between 1976 and 1992, including art and design, and the early creative content industry. She will also continue her research into what everyday users and hobbyists did with early domestic computers, particularly in terms of the development, use, and modification of software and hardware. Experimentation was encouraged – and in the early days, almost a requirement – as there was often little software available for these machines.
The project will document the communities, cultures, and practices that emerged during this period, as well as inquiring into contemporary experimental cultures of modification and hacking. Complementary research into early educational software, game publishing, and the “demo” scene will be undertaken by a number of doctoral candidates and postdoctoral fellows associated with the project. Associate Professor Swalwell notes that although these domains are often seen as being relatively discrete today, there was significant exchange between them during the 1980s. This research will make it possible for local histories of innovation from the era to be known and remembered, so that we don’t lose touch with the moment of transition from analogue to digital ways of living. It is hoped that as well as enhancing knowledge about early microcomputing, the project will lead to the collection and preservation of important items of digital heritage from the period.
AWARDS IN APLENTY CREATIVE ARTS 25
EHL: OUR RESEARCH
THE EHL FACULTY CONTINUES TO STRENGTHEN ITS REPUTATION IN THE CREATIVE ARTS WITH A NUMBER OF NEW DEVELOPMENTS AND SUCCESS STORIES.
Over the last 18 months the Faculty has developed numerous innovative partnerships that will ensure that students have access to industry professionals and the highest quality facilities. A new partnership with the Adelaide College of Arts (AC Arts) has resulted in the development of three new innovative bachelor-level courses, available from 2015, focusing on dance, fashion, and visual arts. These new partnership courses draw on the strengths of both Flinders University and AC Arts, and offer students unique study opportunities which will prepare them for lives as practising artists. EHL also continues to deliver a postgraduate visual effects (VFX) qualification in collaboration with the world-renowned visual effects studio Rising Sun Pictures (RSP), which has worked on high profile movies such as Gravity, The Great Gatsby, and the Harry Potter series. A more recent collaboration with Concept Design Workshop (CDW) Studios, a local visual effects and entertainment design training provider, allows digital media students to learn from industry professionals. In addition to these cutting-edge collaborations, creative arts staff, students, and graduates continue to lead the way locally, nationally, and overseas.
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The cast of Neighbourhood Watch. Left to right: Carmel Johnson, Nic English, Eugenia Fragos, James Smith [Graduate of Flinders Drama Centre], Miriam Margolyes and Eleanor Stankiewicz. Photo: James Hartley
Professor Julian Meyrick directed the critically acclaimed Neighbourhood Watch presented by the South Australian State Theatre Company, released a high-profile platform paper commissioned by the performing arts think-tank Currency House, and still managed to be a regular contributor regarding all things performing arts in The Conversation. One of Flinders University’s highest profile drama graduates, internationally acclaimed director and Emmy Award winner Gale Edwards, also returned to host a seminar to pass on her knowledge and expertise to the next generation of performers. In other success stories, creative arts staff, students, and a recent graduate continued the trend to dominate the South Australian Screen Awards, picking up ten nominations across categories including Best Short Film, Best Feature, and Best Comedy for the 2014 Awards. The Closer Productions film 52 Tuesdays, by former student Sophie Hyde, also won several high profile overseas accolades including a Crystal Bear award at the Berlin International Film Festival and Best Director (in world cinematic drama) at the 2014 Sundance Film Festival. 2014 was clearly a busy year for creative arts at Flinders, and new and exciting projects are underway for 2015 and beyond.
OVER THE LAST 18 MONTHS THE FACULTY HAS DEVELOPED NUMEROUS INNOVATIVE PARTNERSHIPS THAT WILL ENSURE THAT STUDENTS HAVE ACCESS TO INDUSTRY PROFESSIONALS AND THE HIGHEST QUALITY FACILITIES.
CRIMINAL JUSTICE ENVIRONMENTAL COMPLIANCE JUSTICE INTERNATIONAL LAW LAW LEGAL PRACTICE CRIMINAL JUSTICE ENVIRONMENTAL COMPLIANCE JUSTICE INTERNATIONAL LAW LAW LEGAL PRACTICE CRIMINAL JUSTICE ENVIRONMENTAL COMPLIANCE JUSTICE INTERNATIONAL LAW LEGAL PRACTICE
LAW 29
CRIMINAL JUSTICE ENVIRONMENTAL COMPLIANCE JUSTICE INTERNATIONAL LAW EHL: OUR RESEARCH LEGAL PRACTICE
THE LAW IS MORE THAN JUST A SYSTEM OF RULES THAT GOVERN US; IT IS THE PRACTICAL AND ETHICAL APPLICATION OF JUSTICE AND THE MOST EFFECTIVE MEANS TO IMPROVE THE WORLD.
FLINDERS LAW SCHOOL IS PREPARING THE NEXT GENERATION OF LEGAL PROFESSIONALS TO MAKE A POSITIVE IMPACT, WHILE ITS RESEARCHERS ARE INFLUENCING LEGAL POLICY AND REFORM. THE SCHOOL’S RESEARCH EXPERTISE EXTENDS ACROSS ALL AREAS OF THE LAW, WITH PARTICULAR STRENGTHS IN CRIMINOLOGY AND CRIMINAL JUSTICE.
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FLINDERS RESEARCHERS
KEEPING AN EYE ON CRIME
RESEARCHERS AT THE NEWLY ESTABLISHED CENTRE FOR CRIME POLICY AND RESEARCH (CCPR), BASED IN THE LAW SCHOOL AT FLINDERS UNIVERSITY, ARE KEEPING AN EYE ON CRIME BY BRINGING TOGETHER RESEARCH INTERESTS IN CRIMINOLOGY AND CRIMINAL JUSTICE.
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Their research covers some of the most pressing issues in crime today, including organised crime, organisational corruption, drones in law enforcement, youth offending, human trafficking, and new technologies and crime. One focus of CCPR’s research is cybercrime and digital drift. CCPR researchers Professor Andrew Goldsmith and Dr Russell Brewer are examining the implications of mass internet access for crime, and note that the internet has fundamentally altered the “specific social arrangements for the accomplishment of crime”. In particular, the internet has enabled individuals to act alone more readily, without depending on others as co-offenders or as face-to-face “coaches” in crime. Their research indicates that the internet is increasingly a substitute for other forms of social interaction, and allows individuals to gather information anonymously for a variety of ends, including serious criminal activities. Interactions in cyberspace often take the form of tentative encounters which may or may not lead to crime, but do lead the user to retreat from traditional social interaction into their own “cyberspace world”.
This is what the researchers have termed “digital drift”. Professor Goldsmith and Dr Brewer believe that a much better understanding of digital drift is essential in order to devise ways of encouraging appropriate uses of the internet. The swelling global tide of individuals with internet access makes this objective an urgent and critical one. Another growing area of research impact for CCPR relates to correctional corruption. In early 2014 researchers from the CCPR were awarded funding by the Western Australian Corruption and Crime Commission to undertake research on corruption within the corrections sector. Arising directly from that work, the project team – Professor Goldsmith, Professor Mark Halsey, and Dr Andrew Groves – will publish a book (due in 2015) provisionally entitled Tackling Correctional Corruption. The book examines the main forms of corruption and misconduct connected to prisons and community corrections, as well as ways of preventing or mitigating the harms arising from this corruption. Key areas examined include the procurement of goods and services, inappropriate relationships, trafficking of contraband, assaults on prisoners, inappropriate use of information, and failure to report corruption and misconduct. The book offers solutions for regulating corruption risks, including supervisory practices, codes, recruitment and training, and technologies. It will be relevant for a range of audiences and the researchers hope that it will be particularly useful in training programs for prison officers and other correctional workers.
THEIR RESEARCH INDICATES THAT THE INTERNET IS INCREASINGLY A SUBSTITUTE FOR OTHER FORMS OF SOCIAL INTERACTION, AND ALLOWS INDIVIDUALS TO GATHER INFORMATION ANONYMOUSLY FOR A VARIETY OF ENDS, INCLUDING SERIOUS CRIMINAL ACTIVITIES.
LAW SCHOOL HELPS TO
FIGHT
MISCARRIAGES OF
JUSTICE
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Imagine being imprisoned for a crime you didn’t commit, but not having the right legally to reargue your case. The Australian legal system has for over 100 years only allowed for one appeal following a conviction: if, after an unsuccessful appeal, compelling evidence emerged to show that a conviction was in fact wrongful, there was no legal right to any further review of the case. This situation changed dramatically on 5 May 2013 when the South Australian Parliament, in a landmark decision, passed the Statute Amendment Appeals Act. The Act granted a right to a second or further appeal. The path to the passing of this new act was a long one, and was heavily influenced by Flinders Law School academic, Ms Bibi Sangha.
In 2010, Ms Sangha and her colleagues Professor Kent Roach of Toronto University and Dr Robert Moles published a book entitled Forensic Investigations and Miscarriages of Justice. One of its recommendations was to establish a Criminal Cases Review Commission (CCRC), modelled on the UK equivalent which had led to the overturning of some 350 convictions over 14 years. Ms Sangha assisted in drafting a Bill to establish a CCRC in South Australia. She gained the support of the Australian Human Rights Commission to the effect that the previous situation was in breach of international human rights obligations. The issues were considered during a parliamentary inquiry into the CCRC Bill, where the committee recommended that a new statutory right of appeal be established. The South Australian Attorney General agreed, noting that there was a need for greater transparency in dealing with such cases, and the process for the legislative change began.
The impact of the new legislation – and the contribution and patience of Ms Sangha in seeing the change through to the end – is substantial. Reflecting on the South Australian legislative change in the Australian Financial Review, The Honourable Michael Kirby noted that he hoped other jurisdictions in Australia would take steps to establish legislation for the same purpose, noting that “wrongful convictions and miscarriages of justice haunt the conscience of a civilised society”.
DEALING WITH THE
CROSS-BORDER EFFECTS OF
ENVIRONMENTAL TREATIES
PROFESSOR SIMON MARSDEN FROM FLINDERS LAW SCHOOL IS USING HIS RESEARCH INTO INTERNATIONAL AND COMPARATIVE ENVIRONMENTAL LAW TO HELP SHAPE HOW GOVERNMENTS ADDRESS THE CROSS-BORDER EFFECTS OF ENVIRONMENTAL POLICY.
Every day, governments and private organisations engage in activities that have the potential to impact negatively on the natural environment. The effects of these activities can sometimes extend beyond local, provincial, and even national borders. Developing agreements to govern the management of these activities and to protect the environment in this context is crucial. Professor Marsden’s recent focus has been on the United Nations Economic Commission for Europe (UNECE) and the transboundary environmental conventions it has developed and adopted over the past 35 years. The UNECE is one of five regional commissions of the United Nations. Since 1979 it has been engaged in environmental treaty-making in a region that now covers more than 47 million square kilometres, and accounts for 20 per cent of the world’s population across 56 member states. There are five UNECE environmental conventions currently in force: Aarhus (public participation), Espoo (environmental impact assessment), Helsinki (water), Geneva (air pollution), and Helsinki (industrial accidents), together with related protocols. Professor Marsden has evaluated the contribution these agreements have made to improved environmental outcomes for Europe, Asia, and beyond. He believes that the treaties’ effectiveness is heavily dependent upon the willingness of countries to develop domestic legislation, the measurable reporting of their obligations, and the follow-up carried out by compliance bodies. The political and community interest in these agreements has grown hugely in recent years, and the potential for their transposition into non-UNECE states, including Australia, is being considered by scholars. Several of these treaties and related protocols are currently or soon to be available for adoption by all UN member states, and this opens their application to the global community at large.
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In a local context, the implementation of one of the treaties, the Espoo Convention, could have risk-proofed Australia from compensation claims under the “no harm” principle in relation to an uncontrolled oil spill in 2010 at the Montara offshore oil rig in the Timor Sea. The Espoo Convention would have required notifying Indonesia regarding the permitting processes for the rig and thereby avoided the subsequent claims resulting from the oil spill. Professor Marsden’s book (co-authored with Elizabeth Brandon of the City University of Hong Kong), Transboundary Environmental Governance in Asia: Practice and prospects with the UNECE agreements, will be published in 2015 by Edward Elgar.
EVERY DAY, GOVERNMENTS AND PRIVATE ORGANISATIONS ENGAGE IN ACTIVITIES THAT HAVE THE POTENTIAL TO IMPACT NEGATIVELY ON THE NATURAL ENVIRONMENT. THE EFFECTS OF THESE ACTIVITIES CAN SOMETIMES EXTEND BEYOND LOCAL, PROVINCIAL, AND EVEN NATIONAL BORDERS.
E-COPIES OF THIS PUBLICATION ARE AVAILABLE FROM: FLINDERS.EDU.AU/EHL FOR ENQUIRES PLEASE CONTACT: P: +61 8 8201 2868 E: EHLRESEARCH@FLINDERS.EDU.AU
inspiring achievement
flinders.edu.au/EHL
VISUAL ART ARCHAEOLOGY ARTS AUSTRALIAN STUDIES CRIMINOLOGY DRAMA DANCE ENGLISH FASHION FRENCH JUSTICE ITALIAN LANGUAGE STUDIES LAW MODERN GREEK PHILOSOPHY SPANISH SCREEN AND MEDIA SECONDARY TEACHING
CRICOS No. 00114A