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Research Publications and Outputs: Recent submissions

    • Membership of the Voice 

      Arcioni, Elisa
      Published 2023
      The proposal for a First Nations Voice is to be put to the Australian electors at a referendum this year. This comment addresses the key issue of membership of the Voice.
      Open Access
      Article
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    • Victim legal representation, procedural change and adversarial criminal trial reform: Systemic support for sex offences victims and survivors in Victoria 

      Kirchengast, Tyrone
      Published 2023
      The Victorian Law Reform Commission's (VLRC) 2021 report, Improving the Justice System Response to Sexual Offences, makes several recommendations to transform the adversarial criminal trial by encouraging systemic change ...
      Open Access
      Article
      View
    • A critical analysis of the conduct and fault elements in 'revenge porn' criminalisation 

      Kirchengast, Tyrone; Crofts, Thomas
      Published 2019
      The non-consensual distribution of intimate images popularly known as “revenge porn” has been increasingly subject to criminalisation across a range of jurisdictions internationally. While it is accepted that there is a ...
      Open Access
      Article
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    • Towards re-thinking "balancing" in the courts and the legislature’s role in protecting religious liberty 

      Harrison, Joel
      Published 2019
      This article critically questions "balancing" as the dominant framework for adjudicating issues of religious liberty. Within this framework, the possible friction between rights (in particular, religious liberty and ...
      Open Access
      Article
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    • The Scott Johnson case: The manslaughter plea, hatred, and criminal law reform for historic anti-homosexual and anti-trans violence in New South Wales 

      Kirchengast, Tyrone; Tomsen, Stephen
      Published 2024
      The Scott Johnson case presents a complex policing and prosecutorial history, including an apparent New South Wales Police attempt to denigrate the deceased and his family to avoid criticism of an early police determination ...
      Open Access
      Article
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