Sentencing: New Challenges

The National Judicial College of Australia and the ANU College of Law are delighted to invite you to attend their annual conference to be held at The Australian National University, in Canberra on 3 & 4 March 2018.

To register, click on the Register Now button on the bottom of this page.


Saturday 3 March 2018

9:00am: Official Opening and Welcome to Country
9:15am: Keynote Address: The Jurisprudence of the High Court of Australia on Sentencing
  • The Honourable Justice Geoffrey Nettle, High Court of Australia
10:05am: Post-sentence Detention for Serious Sex and Violent Offenders: Controversies and What Works
  • Prof Patrick Keyzer, Head of School and Chair of Law and Public Policy, La Trobe Law School, La Trobe University (profile)
  • Dr Katie Seidler, Clinical and Forensic Psychologist, LSC Psychology
  • Session chair: Justice Desmond Fagan, Supreme Court of New South Wales

In this session, the regimes of post-sentence detention for serious sex offenders (and for serious violent offenders in NSW and SA), which exist in all jurisdictions except Tasmania and the ACT, will be discussed from legal and psychological perspectives. Beyond controversies from over 15 years of operation such regimes including, constitutional and human rights challenges, a focus will be on recent evaluations of what is working and what could be changed in the operation of these regimes.

11:25am: Post-sentence Detention for Terrorism Offenders: Implementing the New Regime
  • Mr Luke Grant, Assistant Commissioner, Corrections Strategy and Policy, Corrective Services New South Wales
  • Ms Naomi Prince, Chief Psychologist, Risk Management Programs, Corrective Services New South Wales
  • Session chair: Dr Mark Nolan, Associate Professor, ANU College of Law, Australian National University

In this session we discuss implementation challenges from legal, correctional, and psychological perspectives of the new federal regime of post-sentence detention for terrorist offenders. The federal regime established via the Criminal Code (Cth), Division 105A, unlike the regimes of post-sentence detention for sex offenders and violent offenders in States and Territories, does not make separate provision for supervision orders; though, the federal scheme of control orders has been suggested as a relevant alternative to the usual choice made between continuing detention orders (CDO) and supervision orders. Expert assessment of terrorism recidivism is also able to be received from a wider range of experts than usual moving beyond the typical primary assessments by psychiatrists. National security information secrecy protections will also add new dimensions to CDO hearings, as will ongoing debates surrounding the evolution of forensic risk assessment tools arguably able to measure risk of terrorism offence recidivism.

1:30pm: Sentencing for Terrorism Offences
  • The Hon Anthony Whealy QC, formerly of Supreme Court of NSW (profile)
  • The Hon Justice Roslyn Atkinson AO, Supreme Court of Queensland
  • Session chair: Assoc Prof Miriam Gani, ANU College of Law, Australian National University
2:45pm: Sentencing Stress & Vicarious Trauma
  • Ms Carly Schrever, Judicial College of Victoria (Recorded presentation)
  • Chief Judge Peter Kidd SC, County Court of Victoria
  • Session chair: Judge Sue Cohen, County Court of Victoria
4:05pm: Foetal Alcohol Spectrum Disorder, Juveniles and the Criminal Justice System
  • Magistrate Catherine Crawford, Children’s Court of Western Australia
  • Dr Raewyn Mutch, Paediatrician, Telethon Kids Institute (profile)
  • Ms Robyn Williams, PhD Candidate, Health Sciences, Curtin University
  • Session chair: Magistrate Andree Horrigan, Children’s Court of Western Australia

Dr Raewyn Mutch, paediatrician, will examine the prevalence of Fetal Alcohol Spectrum Disorder (FASD) in light of a study of sentenced juveniles in the West Australian Banksia Hill Detention Centre in 2016, the nature of the impairments identified, their impact upon functioning, and how such a diagnosis is made in Australia.
Ms Robyn Williams, Ph.d Candidate, will discuss the experience of FASD among Noongar families in south west Western Australia.
Magistrate Catherine Crawford, Children’s Court WA, will examine how Children’s Courts need to approach sentencing of FASD affected youth: the practical issues, relevant sentencing principles and leading Australian and Canadian practice.

5:20pm: Social Function: Drinks and Canapes
6:50pm: End of Day One

Sunday 4 March 2018

9:30am: Who really pays for environmental crime? Sentencing in Environmental Prosecutions
  • Justice Rachel Pepper, Land & Environment Court NSW
  • Judge Sue Cole, Environment, Resources and Development Court SA
  • Session chair: The Hon Richard Refshauge, formerly of Supreme Court of the Australian Capital Territory

The legislation creating environmental offences at both a State and federal level has created some interesting and innovative sentencing options, which are important given the serious and widespread consequences that environmental crime can have. This paper will examine how traditional sentencing concepts are being applied in cases of environmental crime alongside the more innovative orders that are available, by asking the age old question, ‘does crime pay?’

11:05am: One Punch Laws and Judicial Responses to Alcohol-Fuelled Public Violence
  • Ms Julia Quilter, Assoc Prof, School of Law, University of Wollongong
  • The Hon Justice Natalie Adams, Supreme Court of NSW
  • Session chair: Dr Anthony Hopkins, Senior Lecturer, ANU College of Law, Australian National University
12:00pm: A Snapshot of Issues
  • Session chair: His Honour Geoff Muecke, formerly of District Court of South Australia

Speakers will be invited to give brief 5-10 minute “snapshots” of current issues in sentencing law from a practitioner, judicial, academic, or other perspective. This session aims to highlight emerging issues in sentencing law across the different Australian jurisdictions and allow speakers to “whet the appetite” of the audience in order to foster formation of networks of interested practitioners, policy-makers, researchers and judicial officers where relevant.

1:00pm: Conference Close and Lunch
March 3rd, 2018 9:00 AM   through   March 4th, 2018 2:00 PM
Early Bird Fee
Early Bird Registration Fee $ 499.99 (includes GST of $ 45.45)
Early Bird Student Registration Fee (full time students only) $ 140.00 (includes GST of $ 12.73)
Partner (Social Function only) $ 40.00 (includes GST of $ 3.64)