Homicide law reform, gender and the provocation defence: a comparative perspective

 The operation of the partial defence of provocation has animated significant debate for more than two decades among scholars, legal practitioners, politicians and the community. In recognition of the injustices that result from its operation, criminal justice systems worldwide have conducted reviews of the law of provocation and have implemented divergent reforms targeted at minimizing the influence of gender bias in the law's operations. Drawing on the voices of over one hundred members of the Victorian, New South Wales and English criminal justice systems, this book provides a much-needed comparative analysis of the operation of this controversial partial defence to murder, the varied approaches taken to reforming the law of provocation and the effects of these reforms in practice.

The first time

'The First Time' employs performed research to investigate the 'firsts' of twelve first year teachers in Victorian schools. Based on interview data generated over the period of a year, the performance highlights 'firsts' as epiphanic or revelatory moments of professional identity transformation. The performance is crafted to reflect the fluid and unpredictable nature of teachers' professional identity. 'The First Time' uses only the words of the teachers, and is performed by teachers - including first year teachers. It reveals the destabilising effects of contextual factors on teachers' professional identity. Status and belonging are positioned within survival, liminal, and hegemonic discourses, and expressed through artefacts as symbols of belonging. The low status ascribed to contractual work underpins beginning teachers' commitment to the profession. The premier performance (https://www.youtube.com/playlist?list=PLB1ED0FDEF2AA8836) was initially devised to analyse the interview data through the process of scripting, rehearsal, and performance. This version sees the addition of a concluding dance work, which reflects the results of the research. The voices of the participants from their interview recordings shape the dance work.Performed by: Melissa Learmonth, Beaux Glenn, Arna Pletes, Krystal Holzer, Ashlea Thompson, Tom Ellis, Lauren Wallis, Fiona McGrath, and Claire Hesse.

Battle for the flag

Ten years after the Cronulla riots, the violence, racism and branding of young bodies with signs and symbols of Australian nationalism, along with the reprisal attacks by Lebanese-Australian youth, continues to inflame discussions about race relations in Australia, with many conversations shifting away from ideas of multiculturalism and cultural diversity, and towards patriotism, localism, security and fear of the (predominantly) Muslim 'Other'.Battle for the Flag contextualises and challenges the narrative by drawing upon participant observation and interviews conducted with local residents of diverse backgrounds. By paying attention to the voices of bystanders and those involved, the riot is identified as an unstable and fluid formation, where the Australian flag, the beach and whiteness itself was co-opted into a much more contingent, contested and subcultural formation than hitherto described.

Mediatisation, marginalisation and disruption in Australian Indigenous affairs

This article considers how changing media practices of minority groups and political and media elites impact on demo-cratic participation in national debates. Taking as its case study the state-sponsored campaign to formally recognise In-digenous people in the Australian constitution, the article examines the interrelationships between political media and Indigenous participatory media—both of which we argue are undergoing seismic transformation. Discussion of constitutional reform has tended to focus on debates occurring in forums of influence such as party politics and news media that privilege the voices of only a few high-profile Indigenous media ‘stars’. Debate has progressed on the assumption that constitutional change needs to be settled by political elites and then explained and ‘sold’ to Indigenous and non-Indigenous Australians. Our research on the mediatisation of policymaking has found that in an increasingly media-saturated environment, political leaders and their policy bureaucrats attend to a narrow range of highly publicised voices. But the rapidly changing media environment has disrupted the media-driven Recognise campaign. Vigorous pub-lic discussion is increasingly taking place outside the mainstream institutions of media and politics, while social media campaigns emerge in rapid response to government decisions. Drawing on a long tradition in citizens’ media scholar-ship we argue that the vibrant, diverse and growing Indigenous media sphere in Australia has increased the accessibility of Indigenous voices challenging the scope and substance of the recognition debate. The article concludes on a cau-tionary note by considering some tensions in the promise of the changing media for Indigenous participation in the national policy conversation.

Legitimising children’s evidence: Inclusive participatory research with children with disability

Achieving human rights is at the core of development outcomes, and the achievement of positive development outcomes increasingly relies on evidence-based policy and practice. However, people with disability have been routinely excluded from research evidence and knowledge production, both due to a lack of interest in their issues (Yeo and Moore, 2003) and through an over-reliance on research design that does not address barriers to their participation as research respondents (Wilson et al. 2013). Children with disability are even more marginalised from participation in knowledge production processes and have been passively subjected to research being conducted on or about them, rather than with them (Gray and Winter 2011a). This exclusion is even more evident in developing countries of the global south though with some rare exceptions (Kembhavi and Wirz, 2009; Singal, 2010; Wickenden and Kembhavi- Tam, 2014; Don et al, 2015; Nguyen et al, 2015). This paper reports on the ‘Voices of Pacific Children with Disability’ project (hereafter referred to as the Voices project) which, drawing on the broader field of child participatory research, developed a method for children with disability to competently provide evidence about their needs, aspirations and human rights priorities. Eighty-nine children with disability living in rural and urban areas of Vanuatu and Papua New Guinea (PNG) participated, using a suite of data collection ‘tools’ designed to support children to express their life priorities and human rights’ needs. In this paper we examine a sub-set of this data related to children’s future priorities, the primary one being employment, and explore the utility of such evidence for governments, NGOs and other stakeholders, in shaping policy and service delivery in line with the rights of children with disability. Such data is important when working in an evidence informed way as often these organisations have limited data on the needs and values of the groups they serve.

Spreading the word: using film to share research findings and knowledge about children with disabilities in Vanuatu and Papua New Guinea

While there is increasing international interest in disability inclusive development, people with disability largely remain ‘unseen, unheard and uncounted’ (UN ESCAP 2012:1). Children with disability, particularly, remain excluded from research informing development, and there is a paucity of information that is drawn directly from the self-report of children with disability living in developing countries. This exclusion occurs across all stages of research, including access to research findings. When child research is conducted in such countries, to gain further evidence to support disability inclusive development and advance human rights, researchers must question how findings will be reported back to participants and their communities, and seek a method that is both accessible and culturally relevant. This paper reports on the Voices of Pacific children with disability research project about the human rights of children with disability in Vanuatu and Papua New Guinea (PNG), and focuses on film as a dissemination method. Project researchers developed methods to enhance the participation of children with diverse disabilities as informants, and drew upon community development principles to disseminate research findings via film; a method that resonated with the aural and visual story telling traditions of participants.This medium also included accessibility features that have been utilised by local and international audiences.

Finding voices: authentic learning online in the field of public communication and citizenship

A creative re-acculturation of teachers and students is occurring in virtual classrooms as traditional learning resources, pedagogy, and technology intersect in unexpected ways. This paper reports on a case of authentic, experiential, and constructivist learning developed for tertiary public relations  students. A subject titled ‘Public Communication and Citizenship’ (PCC) at  Deakin University in Australia asked students to examine the problematic and contentious areas of self interest, persuasion, power, and ethics in  contemporary contexts of mass media and globalisation. Feedback from  those students suggests that, in this case, online teaching strategies  successfully integrated with the total learning environment to achieve  higher-order learning. PCC is one example of PR pedagogy combining  theory and technology to move beyond ‘skilling for jobs’.

Investigative interviewers' perceptions of their difficulty in adhering to open-ended questions with child witnesses

Best practice guidelines for conducting investigative interviews of children emphasise the importance of obtaining free narrative accounts with the use of open-ended questions. However, research indicates that most investigative interviewers underutilise open-ended questions, even following intensive training in their use. The aim of the current study was to explore investigative interviewers' perceptions of their difficulty in asking open-ended questions. During a training course on how to use open-ended questions, eight child abuse investigators were individually interviewed about why they had asked specific questions in a 10-minute mock interview conducted immediately earlier with a school child. Overall, three reasons were identified. These related to: 1. the specificity of the information required from children; 2. the unfamiliar nature of the open-ended discourse style; and 3. the complex distinction between open-ended versus specific questions. Each of these themes is discussed, along with the implications for trainers and researchers in child investigative interviewing.

All part of the hetero-normative? Women football fans` voices on players` sexual (mis)conduct

From interviews conducted in Victoria with women fans of Australian Rules Football, this paper examines their perceptions and rationalisations of alleged sexual misconduct by players. The paper is situated in the seeming contradiction of women avidly supporting male dominated sports despite players being implicated in misconduct against their gender. Women fans' voices about the reported misconduct are explored. These fall into two main categories that are referred to as the 'predatory female' and the 'rogue male' narratives. The former suggests that the sexual assertiveness of some women - the 'groupies' - unlocks men's primal sexuality. The latter points to footballers being immersed in a hyper-masculine sub-culture that predisposes them to treat women in an arbitrary, demeaning manner. The fans' voices, while condemning players' misconduct, suggest that predatory females, by actively seeking out footballers, become victims
because they trigger testosterone driven male responses. Rogue male behaviour is deprecated, but understood as stemming from masculine ways, accentuated by team bonding, that leads some individuals into misconduct, possibly as a means of emphasising their masculinity within their group. Explaining player misconduct in these ways enables fans to distance themselves from it and continue their passionate support of
football.

The effect of intellectual disability on the adherence of child witnesses to a “story grammar” framework

BackgroundThis study examined the ability of 78 children (aged 9–12 years) with an intellectual disability (ID) to provide a narrative account of a staged event they had participated in four days earlier.
MethodThe children were interviewed using open‐ended questions. The quality of their responses (using a story grammar framework) was compared with that of two control groups: mainstream children matched for mental and chronological age.
ResultsWhile the children with an ID and those matched for mental age provided narratives of similar length and used similar proportions of each story grammar element, the ID group was less likely than both control groups to provide a narrative account at all. Among those children with an ID who did provide a narrative account, their accounts included proportionately fewer story grammar elements than those of both control groups.
ConclusionChildren with an ID are disadvantaged as witnesses with respect to their ability to provide a detailed and coherent narrative account of events under optimal investigative interviewing conditions.

Talking it up! Project report : Aboriginal voices in the formulation of health policy that works : short report

Initially, there were three separate strands to the work of the project: a series of forums involving group interviews/discussions with community members; a policy analysis that reviewed policies relating to Aboriginal health at federal and state level; and a literature review. The results of these three separate strands of analysis were then brought together in a fourth strand to the work, a process involving community members to discuss and agree the overall recommendations contained in this report.

Through this structure, the project employed a participatory methodology as the basis for individual and collective empowerment in relation to health outcomes. As mentioned above, the need for the project was identified by Aboriginal people, through their own processes of healing. The need was presented by appropriate figures within their communities, namely community elders. They invited other Aboriginal people to take part through their own communication channels, thus ensuring that responsibility for engagement in the project, and in formulating action for improvement, remained with Aboriginal people and their families. However, the project design also recognised that Aboriginal people exist within broader structural and policy constraints which impact on their ability to manage their own lives successfully or otherwise. Thus the project sought to combine indigenous and non-indigenous knowledge through bringing together the three strands of work in the way described.

A Community Reference Group guided the work of the project at all stages, endorsed the findings and drafted the recommendations. The two elders who had identified the need for the project formed the core of the group, and worked on the project from start to finish. At different times during the project, other community members joined the group to assist in its work, including training Aboriginal researchers, letting others know about the forums, discussing findings and drafting recommendations.

Talking it up! Project report : Aboriginal voices in the formulation of health policy that works : full report

Initially, there were three separate strands to the work of the project: a series of forums involving group interviews/discussions with community members; a policy analysis that reviewed policies relating to Aboriginal health at federal and state level; and a literature review. The results of these three separate strands of analysis were then brought together in a fourth strand to the work, a process involving community members to discuss and agree the overall recommendations contained in this report.

Through this structure, the project employed a participatory methodology as the basis for individual and collective empowerment in relation to health outcomes. As mentioned above, the need for the project was identified by Aboriginal people, through their own processes of healing. The need was presented by appropriate figures within their communities, namely community elders. They invited other Aboriginal people to take part through their own communication channels, thus ensuring that responsibility for engagement in the project, and in formulating action for improvement, remained with Aboriginal people and their families. However, the project design also recognised that Aboriginal people exist within broader structural and policy constraints which impact on their ability to manage their own lives successfully or otherwise. Thus the project sought to combine indigenous and non-indigenous knowledge through bringing together the three strands of work in the way described.

A Community Reference Group guided the work of the project at all stages, endorsed the findings and drafted the recommendations. The two elders who had identified the need for the project formed the core of the group, and worked on the project from start to finish. At different times during the project, other community members joined the group to assist in its work, including training Aboriginal researchers, letting others know about the forums, discussing findings and drafting recommendations.
Initially, there were three separate strands to the work of the project: a series of forums involving group interviews/discussions with community members; a policy analysis that reviewed policies relating to Aboriginal health at federal and state level; and a literature review. The results of these three separate strands of analysis were then brought together in a fourth strand to the work, a process involving community members to discuss and agree the overall recommendations contained in this report.

Through this structure, the project employed a participatory methodology as the basis for individual and collective empowerment in relation to health outcomes. As mentioned above, the need for the project was identified by Aboriginal people, through their own processes of healing. The need was presented by appropriate figures within their communities, namely community elders. They invited other Aboriginal people to take part through their own communication channels, thus ensuring that responsibility for engagement in the project, and in formulating action for improvement, remained with Aboriginal people and their families. However, the project design also recognised that Aboriginal people exist within broader structural and policy constraints which impact on their ability to manage their own lives successfully or otherwise. Thus the project sought to combine indigenous and non-indigenous knowledge through bringing together the three strands of work in the way described.

Getting the story from child witnesses : exploring the application of a story grammar framework

Investigative interviews with children about alleged abuse were analysed to determine the degree to which the child's responses adhered to a story grammar framework, and whether the presence of story grammar elements was associated with interviewers' adherence to best-practice (i.e. open-ended) questioning. The sample included 51 interviews with child witnesses from across Australia. The interviews were administered by a police officer with children (37 girls and 14 boys) aged 3-16 years (M age = 103.82 months, SD = 34.21 months). The interviewers' questions were categorised as open-ended or specific and the children's responses were classified as a story grammar element, context/background information, or 'don't know' responses. The majority of interviewer questions were specific in nature and the majority of children's responses were context/background details. Open-ended questions were more successful in eliciting story grammar from children. Of the story grammar elements, the interviewers' specific questions usually targeted setting and attempt details. These findings suggest that improvement in the narrative coherence of children's reports of abusive events can potentially be achieved by increasing interviewers' use of open-ended questions.