Some perpetrators of family violence have used cross-examination of their former partners as a method of continuing control.  Most often the perpetrators are male and the women in this context suffer further trauma, not only because of the court process and the uncertain nature of the outcomes but by having to repeat their stories, relive the abuse suffered by themselves and/or their children while being cross examined directly by the perpetrator. This seminar will discuss the legislative changes to the Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2018 and its overall purpose, especially in terms of preventing personal cross-examination and ensuring the protection of victims of family violence. Ms Wenn will discuss the background to these changes, the impact the changes will have on all parties as well as some of the challenges and difficulties in this highly complex and emotional setting. Tania Wenn Tania Wenn is a Barrister and Solicitor, and Principal of Wenn Law Barristers and Solicitors.  Tania commenced her law degree as a mature age student and was the first person from the inaugural Law degree from Edith Cowan University to be admitted as a certified Practicing Lawyer by the Supreme Court.  She is a passionate advocate in the Family Court system. Price Students (full time, unsalaried only) – $20 ANZAPPL Members – $25 Non-members – $35

The introduction of Intimate Image Abuse legislation was an election commitment of the McGowan Government. In 2018 the office of the Commissioner for Victims of Crime worked with the Attorney General to introduce the legislation around Intimate Image Abuse. The presentation will focus on:   The national framework regarding Intimate Image Abuse; The current research in regards to the extent, prevalence and impact of Intimate Image Abuse; The role of the E-safety Commissioner; and The limitations of the legislation. Kate Kraszlan, Acting Commissioner for Victims Kati Kraszlan is currently the Acting Commissioner for Victims in Western Australia. She commenced in the position in October 2017. The Commissioner advocates to Government for ongoing improvement in victim of crime legislation, policies and services in Western Australia. Priorto this position Kati had an extensive career in the Justice and Community sectors working across various research and policy positions. She has worked in the office of Inspector of Custodial Services and was also responsible for developing the award-winning West Kimberley Regional Prison, the first purpose-built prison for Aboriginal People in Australia. Kati returned to the public sector in 2016 after being employed by BHP Billiton in the area of Community Development. Price Students (full-time, unsalaried only) – $20 ANZAPPL Members – $25 Non-members – $35 Price includes a drink on arrival and light canapés prior to the presentation.

Restriction of personal liberty to choose where to live, and who to associate with, is usually only permitted under criminal law, following legal processes. Mental health legislation also permits restraints on freedom of individuals, subject to legal oversight of the process. Admission into an aged care facility may restrict a person’s liberty, if placed in a locked area which they cannot leave without staff assistance. Laws regulating these procedures should be fair, open to scrutiny, and meet international standards of law and good practice. Informal detention in aged care has received substantial examination overseas and in other states of Australia. In WA, authorities up to now have shown limited interest in the ethical and human rights aspects. The ‘Bournewood’ case in England provoked extensive attention and litigation, but the lessons derived have received little attention in WA. The fact that mental health care and legislation is a State responsibility, while aged care is under Commonwealth government control, creates a gap in ownership of this problem. English reports indicate serious problems with the costly and burdensome legislation adopted there. My thesis concluded with suggested measures which may assist in remedying some of the defects in current law and practice, while avoiding unduly complex and ineffective legislation. Dr Neville Hills I was born in Perth and have worked in forensic and old age psychiatry posts in WA and England. As the last psychiatrist-superintendent of Swanbourne Hospital I was closely involved with its transformation into a range of alternative facilities. Retiring from full-time work in 1999 I was a member of the Mental Health Review Board for five years. At the UWA Law School I completed a PhD in 2017 which examined issues of detention and human rights of older people in mental health and aged care facilities. Price Students (full time, unsalaried only) – $20 ANZAPPL Members – $25 Non-members – $35 A drink on arrival and light canapés will be provided prior to the presentation.

We are privileged to have three distinguished speakers who will deliver individual talks and facilitate a joint Q & A session on this topic: Dr Helen Paterson A/Professor Sam Harvey David Mallon Discussions will cover areas such as techniques designed to collect and preserve eyewitness evidence in the immediate aftermath of an incident, what (if anything) employers can do to protect the mental health of their workforce and relevance to civil litigation, stress and obstacles faced by first responders in the litigation process, in particular police officers.

Current research into the complex processes of encoding, storage and retrieval of memories has shown that memory errors can be easily induced in normal populations and a person’s confidence in inaccurate memories can be artificially enhanced.The epistemology and utility of the terms “recovered memories” or “suppressed memories” have been discredited. The new term “previously unreported traumatic memories” emphasises the underlying concept and is neutral regarding the operant memory mechanism. The seminar will consider a number of aspects of this controversial area which has significant clinical and forensic implications. 1.10pm Welcome, introduction Tim Lowry, President, College of Forensic Psychologists (Queensland branch) APS 1.20pm Considerations for experts in assessing the credibility of recovered memories of child sexual abuse Mark Kebbell, President, ANZAPPL (Queensland); Professor of Forensic Psychology, School of Applied Psychology, Griffith University View PowerPoint [PDF] 2.00pm Recovered memory: "What does it all mean?" Warwick Middleton, Psychiatrist, Belmont Private Hospital View PowerPoint [PDF] 2.40pm The forensic implications of "false memories" Jill Reddan, Forensic Psychiatrist, Queensland 3.20pm Afternoon tea 4.00pm Traumatic memories and the law Ian Freckelton QC, Victoria View PowerPoint [PDF] 4.40 Questions, closing remarks Russ Scott, Secretary, ANZAPPL (Queensland); Forensic Psychiatrist

The evening promises to provide up-to-date information relevant to mental health professionals undertaking forensic assessments and intervention with clients in contact with the CJS, as well as the opportunity for professional networking. In September 2018, reforms to strengthen community-based sentencing in NSW commenced. Martin Bernhaut, Solicitor with Legal Aid NSW, will be talking through how these reforms impact clients of forensic practitioners working within the CJS in NSW.

Once described by Michael Kirby as an ‘unmentionable topic’, judicial stress is now the subject of broad and open peer discussion, court wellbeing programs, law journal articles, public interviews, and media stories. For two reasons. First, the emergence of a global lawyer wellbeing movement over the past decade, inspired by a large and growing body of empirical research in Australia and internationally, which has revealed alarmingly high rates of stress and depression within the legal profession. Second, Australian judges and magistrates have spoken out publicly in recent years about their own experiences of vicarious trauma and psychological challenges while on the bench, laying to rest any notion that judicial officers are somehow immune to these human experiences. Most recently, the issue of judicial wellbeing became a subject of media and public interest, following the tragic suicides, less than six months apart, of two Victorian magistrates. These events have underlined the lack of empirical research available to inform discussions on judicial stress and the scaffolding of a strategic response. For the first time in a public forum, Carly Schrever will present her hot-off-the-press research into the nature, prevalence, severity and sources of work-related stress among the Australian judiciary, and will be joined by Judge Frank Gucciardo and Magistrate Pauline Spencer, to share their reflections on the research findings and the human impact of their roles and experiences. Speakers Carly Schrever is a lawyer, psychologist and award-winning researcher. Carly undertook Australia's first empirical study measuring judicial stress and wellbeing for her doctoral research at the University of Melbourne. She is Judicial Wellbeing Advisor to the Judicial College of Victoria and regularly presents on the topic at national and international judicial conferences. Frank Gucciardo was appointed a judge of the County Court of Victoria in 2008 following extensive practice in criminal law at the Victorian Bar. He is a regular presenter and faculty member for judicial wellness conferences in Australia and overseas, and a co-sponsoring judge of the County Court's Resilience and Reflective Practice Program. Pauline Spencer was appointed as a Magistrate in 2006. She currently sits at Dandenong Magistrates’ Court and Dandenong Children’s Court. Magistrate Spencer has an interest in therapeutic jurisprudence, and how the court can improve links with the community it serves. She sits on the Magistrates’ Court Judicial Wellbeing Committee.

Following the Royal Commission into Institutional Responses to Child Sexual Abuse the Federal Government has legislated to create a National Redress Scheme (NRS) commencing operation in the latter half of 2018. In Western Australia complimentary legislation was passed in the latter half of 2018 with effect from January 2019. This seminar will consider who is covered by the NRS, the procedures for applying, the expected compensation/redress and who is excluded from the scheme. In addition, some constitutional legal issues to be addressed by Federal, State and Territory governments will be discussed. It will also consider the interrelationship between the NRS and the WA criminal injuries compensation system. Robert Guthrie is Adjunct Professor at the John Curtin Institute of Public Policy at Curtin University in Perth Western Australia. He was admitted to practice as Barrister and Solicitor in 1982. He was later Head of School of Business Law at Curtin University. He was sworn in as an Assessor for Criminal Injuries Compensation in WA in 2010.

This conference, hosted by the National Judicial College of Australia, brings together members of the judiciary, academics, policy makers and experts in fields such as psychology, to consider current issues and challenges in the Australian justice system. The long held perception that emotion impairs our ability to reason has created the ideal of the dispassionate judge. Judges are expected to preside in court and render judicial decisions while remaining detached from, and unmoved by, painful and harrowing events recounted before them. Does the experience of emotion impair a judge’s ability to be fair and reasoned in their decision-making? In the midst of the emotionally charged arena of the courtroom, what happens to impartiality? Is it possible, or indeed even desirable, for a judge to remain emotionally detached? The repeated exposure to tragic circumstances places judicial officers at risk of secondary trauma. What can be done to assist in improving judicial well-being and where does this responsibility lie? This conference examines and seeks answers to these important questions.

Speaker Keith Hamburger AM Managing Director, Knowledge Consulting Pty Ltd. Former Director General Queensland Corrective Services Commission Social dysfunction and crime are largely driven by poverty, family dysfunction and domestic violence, substance abuse, child neglect and abuse and mental illness. First Nation and lower socio-economic communities are more frequently impacted by the above. Sadly, our responses to these challenges are not holistic and do not empower individuals and communities to identify and implement solutions. Our responses are often not restorative and disproportionate funding is devoted to policing and incarceration, ignoring best international practice in reducing crime and incarceration. As a result, First Nation and lower socio-economic communities endure increased crime and increasing prisoner numbers as they are trapped in a cycle of dysfunction. There are better ways to reduce crime, make communities safer and generate employment in First Nation and lower socio-economic communities. View PowerPoint [PDF]

Welcome, Introduction Michael Byrne QC. President, Queensland Parole Board Parole – then, now, soon Peter Shields. Deputy President, Queensland Parole Board On 3 July 2017, the Queensland Government established the Parole Board Queensland (the Board) in response to recommendations made by the Queensland Parole System Review conducted by Mr Walter Sofronoff QC. The Board operates as an independent statutory authority to ensure that transparent evidence-based parole decisions are made which are objective and not dependent upon the authorities responsible for the case management and supervision of prisoners. As an independent statutory authority, the Board has the power to grant parole orders and amend, suspend or cancel a court ordered parole order or a board ordered parole order. Parole is not a privilege or entitlement, it is a method developed to prevent re-offending. When making parole decisions, the Board’s highest priority will always be the safety of the community. View PowerPoint [PDF] Taking account of mental illness in Parole Board decisions Beverley Russell. Professional Board Member (Health), Queensland Parole Board As recommended by the Sofronoff Review, a number of full-time professional board members with legal or clinical qualifications were appointed to the Parole Board Queensland. The purpose of the fulltime members is to improve the quality of decision-making, bring greater consistency to decisions and increase the ability of the Board to decide matters in a timely manner. In particular, the “health” member is required to provide expertise in relation to health and mental health-related matters. The role includes establishing and maintaining relationships between the Parole Board Queensland and the health system to improve communication and collaboration with the goal of ensuring the best possible outcome for the person applying for parole whilst prioritising public safety. Probation and Parole – moving forward Sarah Hyde. General Manager, Probation and Parole Services, Queensland Corrective Services Queensland Corrective Services (QCS) is responsible for the management of over 20,500 prisoners subject to either imprisonment (parole) or community based orders including probation, community service and intensive corrections order. Probation and Parole supervises offenders across seven regions, 34 district offices, 11 permanently staffed reporting centres and more than 100 reporting centres. Over the last six years, there has been a 40% increase in offenders under supervision in the community. Whilst this growth has presented enormous challenges to the service delivery model of Probation and Parole, it has also presented an opportunity to explore improved ways of reducing recidivism to ensure a safer community. This session will highlight some of these opportunities and initiatives. The Queensland Prison Mental Health Service Tamara Smith. Senior Clinical Co-ordinator, Prison Mental Health Service, Queensland Health With over 750 open patients, the Prison Mental Health Service (PMHS) provides in-reach service of psychological intervention, duel diagnosis, indigenous mental health and transitional support with co-ordination of specialised treatment for mental illness to nine prisons in S-E Queensland. The state-wide computerised records (CIMHA) are accessible online to all mental health personnel including PMHS clinicians in correctional centres. By the “classified patient” provisions of the Mental Health Act (2016) Qld, remandees and sentenced prisoners who develop serious mental illness which cannot be optimally managed in custody, can be transferred to area mental health services for treatment. The PMHS also co-ordinates the care and treatment of mentally ill persons transitioning from custody to the community. With the patient’s authorisation, PMHS clinicians can provide a report to the Parole Board which outlines the proposed follow-up plan. View PowerPoint [PDF]

Dr Emily Corner is a Lecturer of Criminology at the Centre for Social Research and Methods at the Australian National University. Prior to joining ANU, Emily was a Research Associate at the department of Security and Crime Science at University College London, working on projects examining lone and group-based terrorism, radicalisation, mass murderers, and fixated individuals. Her doctoral research focused on examining mental disorders and terrorist behaviour, and won the Terrorism Research Initiative’s Thesis award in 2016. She has published in leading psychology, forensic science, criminology, threat assessment, and political science journals. She has worked on research projects funded by Defence Science and Technology Laboratory, the European Union, the National Institute of Justice, and the Department of Defence. Prior to her doctoral research she worked across step-down, low, and medium secure psychiatric hospitals, in both inpatient and outpatient settings.

Dr. Stephen Wong, Ph.D. is Adjunct Professor at the University of Saskatchewan, Canada and Swinburne University of Technology, Melbourne. Steve started his career as a psychologist at the Regional Psychiatric Centre, a maximum-security psychiatric hospital in the Correctional Service Canada. He was later appointed Chief of Psychology and Research, and then Director of Research. In 2008, he left Canada to spend a year as Visiting Professor at the Department of Forensic and Neurodevelopmental Science at Kings College, London, and then as Honorary Professor at the Institute of Mental Health at the University of Nottingham. His research interests are best described as a blending of applied research and clinical practice with a focus on the assessment and treatment of violent, sexual and psychopathic offenders. He is the lead author of the Violence Risk Scale (VRS) and the VRS sexual offence version (VRS-SO), tools that can be used to assess violence and/or sexual violence risk and treatment change. Steve and his colleagues also developed the Violence Reduction Programme (VRP) for the treatment of offenders including those with psychopathic traits. Among his 100+ publications, he authored the Guidelines for a Psychopathy Treatment Program with Robert Hare.

Conceptualising ‘unacceptable risk’ of serious sex offending Dr Michael Rowlands, Forensic Psychologist, Monash University There is very limited research on the re-offending rates of sex offenders classified as ‘dangerous’ by Queensland Supreme Courts. The extant research suggests that whilst those considered ‘high-risk’ were more likely to re-offend with general offences, their overall level of sexual recidivism is actually ‘low.’ Current research has highlighted that conceptualising ‘dangerousness’ is complex and fraught with ethical and legal concerns, such as limited addressing of protective factors, ‘double punishment’ and violation of the principle of ‘proportionality.’ Clinicians making risk assessments consider overall risk by incorporating historical and dynamic risk factors and actuarial scale scores but may give less attention to protective factors and clinical and systemic management processes. View PowerPoint [PDF] GPS tracking of sex offenders – Poor public policy and poor financial facility Dr Russ Scott, Forensic Psychiatrist, Prison Mental Health Service, Queensland Health The age of mass incarceration has seen a paradigm shift from “rehabilitation” to “punishment” and a decline in rehabilitation programs for offenders. The movement toward “containment and punishment” has become a ‘push factor’ for supervision and control strategies including the proliferation of electronic monitoring (EM) by global positioning system (GPS) tracking. Although the cost-effectiveness of EM programs relative to incarceration and other community-based programs has been promoted, there is no clear consensus that EM programs reduce re-offending or enhance public safety. Instead of being used as an alternative to incarceration, EM has simply become another sentencing option, facilitating “sanction-stacking” and “net widening.” View PowerPoint [PDF] Desistence from sexual offending: how sex offenders stop offending. Dr Danielle Harris, Lecturer in Criminology, School of Criminology and Criminal Justice, Griffith University Unlike much of the research on this topic, Dr Harris places strong emphasis on how men who have committed serious sexual offenses come to stop offending and end their ‘criminal career’. She will present her findings from 70 interviews with convicted sex offenders in the US and her work with more than 200 men in three countries (US, UK, Australia), as well as 20 years of experience working with men in Australia and England, and a long time collaborating with people from all over the world. View PowerPoint [PDF] Punishment and preventive detention under the Dangerous Prisoner (Sexual Offender) Act (Qld) – Legal Issues Tim Ryan, Barrister, Brisbane, Queensland The Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) was the first legislation in Australia to impose post-sentence detention in prison and continuing supervision of sex offenders. In 2007, Queensland was the first Australian jurisdiction to impose tracking devices on sex offenders who were subject to court-ordered supervision in the community. Hypothetical responses to some hypothetical cases Discussion Panel

ANZAPPL NSW Branch is delighted to welcome Dr Jennifer Wilson and Mr Daniel Wakim to present on the topic of white collar criminals- who are they, what they do, and the intricacies of these cases as they present within the legal system. Dr Jennifer Wilson has detected, investigated and profiled white collar fraudsters. Her first hand experience of what fraudsters do was gained as an auditor in the private and public sectors in Sydney and London. Jennifer’s doctoral research profiling fraudsters combined that knowledge with her training and experience in organisational psychology and the financial services sector. Previous invited talks include the NSW Crime Commission, NSW Department of Corrective Services and the Australian Psychological Society College of Organisational Psychologists. Jennifer has also been interviewed about her profiling work by Channel 7 and the ABC. Daniel Wakim practices in Criminal Law (Serious Crimes), Crime Commission and Intelligence Proceedings, General Litigation, Corporate and Commercial Law and matters arising out of the Independent Commission Against Corruption / Royal Commission Proceedings. Daniel has exceptional experience acting for various people criminally prosecuted for Fraud, Proceeds of Crime, Money Laundering, Deceptive and Misleading Conduct and or subject to civil proceedings pursuant to the Proceeds of Crime Act and Criminal Assets and Recovery Act by both the New South Wales Crime Commission and the Australian Criminal Intelligence Commission.