Pub Date : 2011-12-01DOI: 10.21153/DLR2011VOL16NO2ART107
A. Flynn
The polarisation between consistency, controls and the unscrutinised discretionary powers held by criminal justice agencies is a complex issue that transcends jurisdictions. In the Australian State of Victoria, this conflict is particularly evident in the prosecutor’s decision-making powers in the plea bargaining process, because these powers are not subject to scrutiny and the decisions made under them are not transparent. Furthermore, plea bargaining itself is a non-formalised and unscrutinised method of case resolution. While the use of discretion is an important component of prosecutorial work, it is the potentially individualised and idiosyncratic nature of unscrutinised discretionary decisions that results in plea bargaining and prosecutorial decision-making in Victoria giving rise to perceptions of inappropriateness and misconduct. Drawing upon the voices of Victorian and United Kingdom legal professionals, this article critically analyses the controls placed on United Kingdom prosecutors by the Attorney General’s Guidelines on the Acceptance of Pleas and the Prosecutor’s Role in the Sentencing Exercise 2009 (UK), and considers whether similar guidelines could be implemented in Victoria to redress problems surrounding the idiosyncratic nature of prosecutorial decision-making in plea bargaining. By offering a unique insight into the perspectives of those involved in plea bargaining, this article explores the benefits of implementing a transparent and scrutinised control on prosecutorial discretion in plea bargaining, and considers whether this would in turn offer greater safeguards, consistency and transparency of prosecutorial decision-making in Victoria.
{"title":"'Fortunately We in Victoria Are Not in That UK Situation': Australian and United Kingdom Perspectives on Plea Bargaining Reform","authors":"A. Flynn","doi":"10.21153/DLR2011VOL16NO2ART107","DOIUrl":"https://doi.org/10.21153/DLR2011VOL16NO2ART107","url":null,"abstract":"The polarisation between consistency, controls and the unscrutinised discretionary powers held by criminal justice agencies is a complex issue that transcends jurisdictions. In the Australian State of Victoria, this conflict is particularly evident in the prosecutor’s decision-making powers in the plea bargaining process, because these powers are not subject to scrutiny and the decisions made under them are not transparent. Furthermore, plea bargaining itself is a non-formalised and unscrutinised method of case resolution. While the use of discretion is an important component of prosecutorial work, it is the potentially individualised and idiosyncratic nature of unscrutinised discretionary decisions that results in plea bargaining and prosecutorial decision-making in Victoria giving rise to perceptions of inappropriateness and misconduct. Drawing upon the voices of Victorian and United Kingdom legal professionals, this article critically analyses the controls placed on United Kingdom prosecutors by the Attorney General’s Guidelines on the Acceptance of Pleas and the Prosecutor’s Role in the Sentencing Exercise 2009 (UK), and considers whether similar guidelines could be implemented in Victoria to redress problems surrounding the idiosyncratic nature of prosecutorial decision-making in plea bargaining. By offering a unique insight into the perspectives of those involved in plea bargaining, this article explores the benefits of implementing a transparent and scrutinised control on prosecutorial discretion in plea bargaining, and considers whether this would in turn offer greater safeguards, consistency and transparency of prosecutorial decision-making in Victoria.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":"16 1","pages":"361-404"},"PeriodicalIF":0.0,"publicationDate":"2011-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67648663","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-12-01DOI: 10.21153/DLR2011VOL16NO2ART112
Miah Gibson
Animal law is gaining momentum in Australia and internationally. Initiatives such as the Universal Declaration on Animal Welfare (UDAW) attempt to secure international legal recognition for the principles of animal welfare. The extent to which they do so, however, is a matter of debate, and the subject of this article. Part II of this article outlines the development of the UDAW and current support for it. Part III compares the UDAW to other animal rights/welfare declarations. Part IV describes the animal welfare legislative and policy framework in Australia, and critically examines the impact that the UDAW would have in Australia.
{"title":"The Universal Declaration of Animal Welfare","authors":"Miah Gibson","doi":"10.21153/DLR2011VOL16NO2ART112","DOIUrl":"https://doi.org/10.21153/DLR2011VOL16NO2ART112","url":null,"abstract":"Animal law is gaining momentum in Australia and internationally. Initiatives such as the Universal Declaration on Animal Welfare (UDAW) attempt to secure international legal recognition for the principles of animal welfare. The extent to which they do so, however, is a matter of debate, and the subject of this article. Part II of this article outlines the development of the UDAW and current support for it. Part III compares the UDAW to other animal rights/welfare declarations. Part IV describes the animal welfare legislative and policy framework in Australia, and critically examines the impact that the UDAW would have in Australia.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":"16 1","pages":"539-567"},"PeriodicalIF":0.0,"publicationDate":"2011-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67648988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-08-01DOI: 10.21153/DLR2011VOL16NO1ART99
Felicity Millner
Environmental justice is an important aspect of social justice. Regulation of the environment and decisions about development and environmental policy impact upon our quality of life by influencing and affecting our health, as well as that of our urban and natural environments, and the availability of and access to natural resources. Disadvantaged members of society typically bear the brunt of the environmental impacts of human activity. Therefore, an essential part of attaining social justice is enabling the members of the community who will be adversely affected by these impacts to participate in and have rights of review in relation to the making of environmental laws, decisions about land use and development and enforcement of environmental laws.
{"title":"Access to Environmental Justice","authors":"Felicity Millner","doi":"10.21153/DLR2011VOL16NO1ART99","DOIUrl":"https://doi.org/10.21153/DLR2011VOL16NO1ART99","url":null,"abstract":"Environmental justice is an important aspect of social justice. Regulation of the environment and decisions about development and environmental policy impact upon our quality of life by influencing and affecting our health, as well as that of our urban and natural environments, and the availability of and access to natural resources. Disadvantaged members of society typically bear the brunt of the environmental impacts of human activity. Therefore, an essential part of attaining social justice is enabling the members of the community who will be adversely affected by these impacts to participate in and have rights of review in relation to the making of environmental laws, decisions about land use and development and enforcement of environmental laws.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":"16 1","pages":"189-207"},"PeriodicalIF":0.0,"publicationDate":"2011-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67648105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-08-01DOI: 10.21153/DLR2011VOL16NO1ART94
Paul Martin, Jacqueline Williams, A. Kennedy
It is a fact that rural people suffer from professional services deprivation relative to their urban counterparts. Access to legal services is one form of this deprivation. Whilst often understood as a workforce problem, the issue has broader implications for the economic and social welfare of communities and the professionals who try to serve their needs. In particular the inability to access sufficient ‘knowledge services’ lies at the heart of many problems of rural social exclusion, the cost of which falls inevitably on those who are less mobile, or less capable of securing wealth. This paper takes a systemic look at rural professional services delivery, placing legal services in their larger context as part of the (often incomplete) professional network that supports communities. It outlines the systemic problem and aspects of the specific issues for rural professional services. It presents the results from a survey and a summit organised to discuss the issues that span various professions, and outlines some of the directions that the legal profession might take.
{"title":"Professional services and rural services poverty","authors":"Paul Martin, Jacqueline Williams, A. Kennedy","doi":"10.21153/DLR2011VOL16NO1ART94","DOIUrl":"https://doi.org/10.21153/DLR2011VOL16NO1ART94","url":null,"abstract":"It is a fact that rural people suffer from professional services deprivation relative to their urban counterparts. Access to legal services is one form of this deprivation. Whilst often understood as a workforce problem, the issue has broader implications for the economic and social welfare of communities and the professionals who try to serve their needs. In particular the inability to access sufficient ‘knowledge services’ lies at the heart of many problems of rural social exclusion, the cost of which falls inevitably on those who are less mobile, or less capable of securing wealth. This paper takes a systemic look at rural professional services delivery, placing legal services in their larger context as part of the (often incomplete) professional network that supports communities. It outlines the systemic problem and aspects of the specific issues for rural professional services. It presents the results from a survey and a summit organised to discuss the issues that span various professions, and outlines some of the directions that the legal profession might take.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":"16 1","pages":"57-73"},"PeriodicalIF":0.0,"publicationDate":"2011-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67648145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-08-01DOI: 10.21153/dlr2011vol16no1art97
Wendy O’Brien
The clinical and criminological literature on adolescents who have committed sexual offences indicates that the pathologisation of young people and a labelling or overly punitive response is likely to be more harmful than rehabilitative. Accordingly, therapeutic counselling and diversionary schemes are seen as preferable to custodial terms in most instances. For adolescents convicted of sex offences, clinicians identify the benefits of comprehensive therapeutic care which involves family and is sensitive to the young person's context and culture. The benefits of this approach are documented and, although data are limited, indications are that recidivism is reduced where adolescents are provided with specialised counselling to encourage positive and non-abusive behaviours. In Australia, each state and territory has provisions for youth justice clients serving custodial or community orders for sexually abusive behaviours. Yet each jurisdiction experiences challenges in ensuring the delivery of equitable and comprehensive therapeutic services, particularly to regionally and remotely located youth. This paper draws on data from a national study of the therapeutic services to children and adolescents with sexualised or sexual offending behaviours. With attention to the difficulties in providing services to regionally and remotely located adolescents, this paper highlights challenges around lengthy remand terms, the provision of pre-offence diversionary programs, and the provision of specialised supervision for young people serving community orders. For example, jurisdictions with the largest geographic service areas face enormous difficulties in providing specialised supervision for community-based orders. At present, there are several jurisdictions where regionally and remotely located adolescents may serve the duration of a youth justice order without receiving specialised counselling to assist them in modifying their behaviours. The paper identifies the risks where specialised counselling cannot be provided, but also identifies specific initiatives designed to fill these gaps in service provision to youth justice clients.
{"title":"Youth Justice: Challenges in Responding to Young People Convicted of Sexual Offences","authors":"Wendy O’Brien","doi":"10.21153/dlr2011vol16no1art97","DOIUrl":"https://doi.org/10.21153/dlr2011vol16no1art97","url":null,"abstract":"The clinical and criminological literature on adolescents who have committed sexual offences indicates that the pathologisation of young people and a labelling or overly punitive response is likely to be more harmful than rehabilitative. Accordingly, therapeutic counselling and diversionary schemes are seen as preferable to custodial terms in most instances. For adolescents convicted of sex offences, clinicians identify the benefits of comprehensive therapeutic care which involves family and is sensitive to the young person's context and culture. The benefits of this approach are documented and, although data are limited, indications are that recidivism is reduced where adolescents are provided with specialised counselling to encourage positive and non-abusive behaviours. In Australia, each state and territory has provisions for youth justice clients serving custodial or community orders for sexually abusive behaviours. Yet each jurisdiction experiences challenges in ensuring the delivery of equitable and comprehensive therapeutic services, particularly to regionally and remotely located youth. This paper draws on data from a national study of the therapeutic services to children and adolescents with sexualised or sexual offending behaviours. With attention to the difficulties in providing services to regionally and remotely located adolescents, this paper highlights challenges around lengthy remand terms, the provision of pre-offence diversionary programs, and the provision of specialised supervision for young people serving community orders. For example, jurisdictions with the largest geographic service areas face enormous difficulties in providing specialised supervision for community-based orders. At present, there are several jurisdictions where regionally and remotely located adolescents may serve the duration of a youth justice order without receiving specialised counselling to assist them in modifying their behaviours. The paper identifies the risks where specialised counselling cannot be provided, but also identifies specific initiatives designed to fill these gaps in service provision to youth justice clients.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":"16 1","pages":"133-154"},"PeriodicalIF":0.0,"publicationDate":"2011-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67648447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-08-01DOI: 10.21153/DLR2011VOL16NO1ART98
Richard Coverdale
The paper signposts a number of issues identified within the research project: Postcode Justice - Rural and Regional Disadvantage in the Administration of the Law. It highlights key areas in which regional Victorians experience disadvantage in access to justice system services in comparison to their metropolitan counterparts. Issues raised by interviewees and survey participants demonstrate inherent problems with the current delivery of justice system services, programs and processes in regional Victoria. Briefly explored within the paper is the relationship of 'distance' to the delivery of justice. The paper suggests that little consideration is given to the spatial disadvantage experienced by regional communities in the development of legislation or the implementation of justice system programs, practices and procedures. The paper also examines the Magistrates' Court criminal court programs which embrace the principles of 'problem solving courts' and 'therapeutic jurisprudence'. While they are important innovations, these programs have had limited roll-out to regional communities. In its conclusion the paper suggests that an independent and unified 'voice' is needed to ensure a genuine and informed response to the diverse areas in which inequity exists in the delivery of justice system services to regional communities.
{"title":"Postcode justice: Rural and regional disadvantage in the administration of the law","authors":"Richard Coverdale","doi":"10.21153/DLR2011VOL16NO1ART98","DOIUrl":"https://doi.org/10.21153/DLR2011VOL16NO1ART98","url":null,"abstract":"The paper signposts a number of issues identified within the research project: Postcode Justice - Rural and Regional Disadvantage in the Administration of the Law. It highlights key areas in which regional Victorians experience disadvantage in access to justice system services in comparison to their metropolitan counterparts. Issues raised by interviewees and survey participants demonstrate inherent problems with the current delivery of justice system services, programs and processes in regional Victoria. Briefly explored within the paper is the relationship of 'distance' to the delivery of justice. The paper suggests that little consideration is given to the spatial disadvantage experienced by regional communities in the development of legislation or the implementation of justice system programs, practices and procedures. The paper also examines the Magistrates' Court criminal court programs which embrace the principles of 'problem solving courts' and 'therapeutic jurisprudence'. While they are important innovations, these programs have had limited roll-out to regional communities. In its conclusion the paper suggests that an independent and unified 'voice' is needed to ensure a genuine and informed response to the diverse areas in which inequity exists in the delivery of justice system services to regional communities.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":"16 1","pages":"155-187"},"PeriodicalIF":0.0,"publicationDate":"2011-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67648518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-08-01DOI: 10.21153/DLR2011VOL16NO1ART96
Lesley A Hardcastle, Terence P Bartholomew, J. Graffam
The status of offender rehabilitation has been influenced by the prevailing social climate, the promotion of ways to improve rehabilitation's efficacy, and the well documented cycling of correctional imperatives. A renewed interest in offender transitions and reintegration has been apparent in recent years and most western correctional systems now feature policies and/or programs that address issues relating to the housing, employment, education and the broader 'resettlement' of offenders. However, this movement of correctional imperatives into the 'social' realm brings considerable challenges. Perhaps most significantly, the achievement of reintegration is dependent on juridical and community support in ways that other sentencing goals are not. Given the array of understandings of what 'reintegration' actually is, the abundance of programs claiming such a focus, and the reliance that reintegrative ideas have on community support, measuring the extent and nature of such support is seen as a useful exercise. With the above in mind, the goal of this paper is to identify legislative and community obstacles to the success of reintegrative ideals and policies. The paper first examines relevant legislation for references to reintegrative notions, finding a legislative ambivalence about such ideas. It then presents findings from a Victoria-wide survey of community views about the reintegration of ex-offenders. Participants in the community survey (n = 2635) were asked for their views about sentencing objectives, and the nature of their support for employment and housing initiatives. The results showed low levels of overall support for reintegration, with numerous more subtle distinctions being evident. The data also identify numerous areas where reintegrative programs are likely to be more readily accepted. The findings also indicate a need for targeted research into the correlates of community readiness for specific aspects of offender reintegration, and underlines the need for community education about the social implications of effective reintegration policies for urban, regional and rural communities.
{"title":"Legislative and community support for offender reintegration in Victoria","authors":"Lesley A Hardcastle, Terence P Bartholomew, J. Graffam","doi":"10.21153/DLR2011VOL16NO1ART96","DOIUrl":"https://doi.org/10.21153/DLR2011VOL16NO1ART96","url":null,"abstract":"The status of offender rehabilitation has been influenced by the prevailing social climate, the promotion of ways to improve rehabilitation's efficacy, and the well documented cycling of correctional imperatives. A renewed interest in offender transitions and reintegration has been apparent in recent years and most western correctional systems now feature policies and/or programs that address issues relating to the housing, employment, education and the broader 'resettlement' of offenders. However, this movement of correctional imperatives into the 'social' realm brings considerable challenges. Perhaps most significantly, the achievement of reintegration is dependent on juridical and community support in ways that other sentencing goals are not. Given the array of understandings of what 'reintegration' actually is, the abundance of programs claiming such a focus, and the reliance that reintegrative ideas have on community support, measuring the extent and nature of such support is seen as a useful exercise. With the above in mind, the goal of this paper is to identify legislative and community obstacles to the success of reintegrative ideals and policies. The paper first examines relevant legislation for references to reintegrative notions, finding a legislative ambivalence about such ideas. It then presents findings from a Victoria-wide survey of community views about the reintegration of ex-offenders. Participants in the community survey (n = 2635) were asked for their views about sentencing objectives, and the nature of their support for employment and housing initiatives. The results showed low levels of overall support for reintegration, with numerous more subtle distinctions being evident. The data also identify numerous areas where reintegrative programs are likely to be more readily accepted. The findings also indicate a need for targeted research into the correlates of community readiness for specific aspects of offender reintegration, and underlines the need for community education about the social implications of effective reintegration policies for urban, regional and rural communities.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":"16 1","pages":"111-132"},"PeriodicalIF":0.0,"publicationDate":"2011-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67648284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-08-01DOI: 10.21153/DLR2011VOL16NO1ART95
K. Mcdougall, R. Mortensen
This article deals with the effect that different structures for the legal profession might have on supporting legal practice. There is a particular focus on Queensland, and its Law Society's claim that conveyancing protection is important infrastructure for practice in the bush. A spatial analysis was undertaken to compare the availability of legal services in Queensland and New South Wales (where non-lawyer conveyancing is allowed) in 2008. Areas in the two states classified according to the Accessibility/Remoteness Index of Australia (ARIA) were compared, and it was found that NSW had an equal or marginally better provision of legal services in all ARIA categories. The implications that this has for conveyancing protection, and other differences between the states (the earlier availability of incorporated law practices (ILPs) and the higher number of regional law schools in NSW) are discussed. Only a comprehensive longitudinal analysis can more strongly isolate the likely effect, if any, of conveyancing protection, ILPs and regional law schools on bush practice. However, the suggestion is that the differences in legal infrastructure - including conveyancing protection - are less important for supporting legal services in the bush than social considerations (family, lifestyle, professional development, gender, employment patterns and salary) are likely to be.
{"title":"Bush Lawyers in New South Wales and Queensland: A Spatial Analysis","authors":"K. Mcdougall, R. Mortensen","doi":"10.21153/DLR2011VOL16NO1ART95","DOIUrl":"https://doi.org/10.21153/DLR2011VOL16NO1ART95","url":null,"abstract":"This article deals with the effect that different structures for the legal profession might have on supporting legal practice. There is a particular focus on Queensland, and its Law Society's claim that conveyancing protection is important infrastructure for practice in the bush. A spatial analysis was undertaken to compare the availability of legal services in Queensland and New South Wales (where non-lawyer conveyancing is allowed) in 2008. Areas in the two states classified according to the Accessibility/Remoteness Index of Australia (ARIA) were compared, and it was found that NSW had an equal or marginally better provision of legal services in all ARIA categories. The implications that this has for conveyancing protection, and other differences between the states (the earlier availability of incorporated law practices (ILPs) and the higher number of regional law schools in NSW) are discussed. Only a comprehensive longitudinal analysis can more strongly isolate the likely effect, if any, of conveyancing protection, ILPs and regional law schools on bush practice. However, the suggestion is that the differences in legal infrastructure - including conveyancing protection - are less important for supporting legal services in the bush than social considerations (family, lifestyle, professional development, gender, employment patterns and salary) are likely to be.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":"16 1","pages":"75-109"},"PeriodicalIF":0.0,"publicationDate":"2011-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67648197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-08-01DOI: 10.21153/DLR2011VOL16NO1ART93
K. Economides
This paper considers policy options for future planning of legal services in rural and remote areas and assesses the relative merits of the public and private sectors in identifying and meeting legal needs in such areas. Drawing on previous research and a range of national and international experience I focus on the future development of proactive services in legal service delivery: first, through examining the idea of 'rural law (community) centres' employing salaried lawyers and 'paralegals' working in the public sector; second, through speculating on the implications of emerging alternative business structures and new technology currently evolving in the private sector. The paper evaluates various delivery models (and their likely impact) and considers whether strategic approaches are possible when rural communities are so often dispersed, isolated and politically marginal. It examines the concept and practice of 'rural proofing', as developed by policymakers in the United Kingdom and New Zealand, in order to see whether legal services policy can be better attuned to the needs and expectations of rural communities.
{"title":"Strategies for meeting rural legal needs: Lessons from local, regional and international experience","authors":"K. Economides","doi":"10.21153/DLR2011VOL16NO1ART93","DOIUrl":"https://doi.org/10.21153/DLR2011VOL16NO1ART93","url":null,"abstract":"This paper considers policy options for future planning of legal services in rural and remote areas and assesses the relative merits of the public and private sectors in identifying and meeting legal needs in such areas. Drawing on previous research and a range of national and international experience I focus on the future development of proactive services in legal service delivery: first, through examining the idea of 'rural law (community) centres' employing salaried lawyers and 'paralegals' working in the public sector; second, through speculating on the implications of emerging alternative business structures and new technology currently evolving in the private sector. The paper evaluates various delivery models (and their likely impact) and considers whether strategic approaches are possible when rural communities are so often dispersed, isolated and politically marginal. It examines the concept and practice of 'rural proofing', as developed by policymakers in the United Kingdom and New Zealand, in order to see whether legal services policy can be better attuned to the needs and expectations of rural communities.","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":"16 1","pages":"47-56"},"PeriodicalIF":0.0,"publicationDate":"2011-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67648425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-08-01DOI: 10.21153/DLR2011VOL16NO1ART91
R. French
Rural and regional Australia frames much of our national history and cultural heritage and therefore of our identity as a people. The oldest and most pervasive part of that history and heritage is found in the intricate and beautiful legends of the Dreamtime which have mapped and named Australian landscapes for tens of thousands of years. Those legends find visual, aural and kinetic expression in the art, songs and dances of Aboriginal people living and dead, which we and the world have only really begun to appreciate in the last half century. The rise of that appreciation and the affirmation by Aboriginal people of their cultural heritage perhaps mitigates the darker aspect of the consequences .
{"title":"Law and justice outside the CBD","authors":"R. French","doi":"10.21153/DLR2011VOL16NO1ART91","DOIUrl":"https://doi.org/10.21153/DLR2011VOL16NO1ART91","url":null,"abstract":"Rural and regional Australia frames much of our national history and cultural heritage and therefore of our identity as a people. The oldest and most pervasive part of that history and heritage is found in the intricate and beautiful legends of the Dreamtime which have mapped and named Australian landscapes for tens of thousands of years. Those legends find visual, aural and kinetic expression in the art, songs and dances of Aboriginal people living and dead, which we and the world have only really begun to appreciate in the last half century. The rise of that appreciation and the affirmation by Aboriginal people of their cultural heritage perhaps mitigates the darker aspect of the consequences .","PeriodicalId":43081,"journal":{"name":"Deakin Law Review","volume":"16 1","pages":"1-12"},"PeriodicalIF":0.0,"publicationDate":"2011-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67647894","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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