Papers by JaneMaree Maher
Current Issues in Criminal Justice, Jun 19, 2019
Several Australian state and territory jurisdictions permit parents of adolescents using violence... more Several Australian state and territory jurisdictions permit parents of adolescents using violence to be listed as affected persons on a family violence protection order (the notable exceptions being Queensland and Tasmania), however, as yet there is minimal understanding of whether this is an effective response to this complex form of family violence. In seeking to address this gap in current knowledge, this paper has two aims. It analyses Australian family violence legislation as it applies to protection orders in cases of adolescent family violence, revealing significant disparity in state and territory legislative frameworks. The article then draws from the findings of a recent Victorian study to provide insight into the use, impact and effectiveness of protection orders in responding to adolescent family violence from the perspective of those experiencing adolescent family violence and those charged with responding to it in service and legal settings. By highlighting the diversity in state and territory responses to adolescent family violence and using the Victorian case to question the efficacy of protection orders, this article contributes to knowledge about criminal justice system responses to adolescent family violence and supports the need for further systematic research about prevalence and effective social and criminal justice responses.
Young People Using Family Violence, 2021
Adolescent family violence (AFV) has been the subject of little scholarly inquiry within Australi... more Adolescent family violence (AFV) has been the subject of little scholarly inquiry within Australia. Recent reviews undertaken at the state and national level reveal limited understandings of the experiences of victims alongside a failure of the system to provide effective responses both within the service system and the justice sector. Acknowledging the need for greater understandings of this complex form of family violence, this chapter draws on the findings of a qualitative Victorian study that collected practitioner views alongside first person accounts from people who had experienced AFV. It focuses specifically on the barriers women experience when seeking help for adolescent family violence, including the need for future reform to policy and practice. The analysis provides insights into the impact of AFV, experiences of shame and fear of stigma and why women report a reluctance to engage police as primary responders. The second half of the chapter explores the perceived inadequacy of existing support services and referral pathways as well as the opportunities for school-based interventions. Consistent with previous research, the chapter demonstrates that the complex needs of adolescents who use violence in the home and those caring for them may require specialist service responses outside of the criminal justice system and argues that existing paradigms of family violence need to be extended to better capture and address the impacts of AFV.
Male violence against women, especially in family and intimate relationships, has historically be... more Male violence against women, especially in family and intimate relationships, has historically been considered 'private' violence. In recent decades unprecedented policy attention has been directed at family violence, and intimate partner violence in particular, as the most common type of family violence and violence against women (World Health Organisation 2013). This attention has accompanied increasing recognition of the public harm of 'private' violence (State of Victoria 2014-2016). Regardless, the dichotomy between what is considered public and private violence remains embedded in government policy, research and media reporting. This dichotomous approach is also hierarchical in the sense that 'public' violence is considered a greater threat to security than 'private' violence. This view persists despite evidence that 'private' violence against women results in far more death and injury than 'public violence' (Walklate et al 2019:...
This submission has been prepared by members of the Monash Family Violence Prevention Centre (MFV... more This submission has been prepared by members of the Monash Family Violence Prevention Centre (MFVPC), the Monash Migration and Inclusion Centre (MMIC) and Monash Gender, Peace and Security (GPS). More details about these three research programs and our current related research are provided in the introduction and as an appendix to this submission. Please find our submission attached to this letter. In our submission, we have drawn on our extensive research findings across multiple projects to focus specifically on the intersections of family violence, culturally and linguistically diverse communities, migration and criminal law.
The Emerald Handbook of Feminism, Criminology and Social Change, 2020
In this opening chapter, the editors review the nature of different feminist perspectives and the... more In this opening chapter, the editors review the nature of different feminist perspectives and the impact that they have had on criminology and victimology. They will pay particular attention to the influence of diverse feminist voices in both past and present and the ongoing challenges posed by the emergence of southern criminology and the recourse to law as an avenue to securing change for women living with violence.
Towards a Global Femicide Index, 2019
The views of Australian judicial officers on domestic and family violence perpetrator interventio... more The views of Australian judicial officers on domestic and family violence perpetrator interventions (Research report) / Fitz-Gibbon et al.
The Victorian Family Violence Information Sharing Scheme (FVISS - the Scheme) was established und... more The Victorian Family Violence Information Sharing Scheme (FVISS - the Scheme) was established under Part 5A of the Family Violence Protection Act 2008 as part of the Royal Commission into Family Violence (State of Victoria 2016) reforms. The Scheme aims to:● better identify, assess and manage the risks to adult and child victim/survivor safety, preventing and reducing the risk of harm; and● better keep perpetrators in view and enhance perpetrator accountabilityThe Scheme commenced on February 26, 2018. It was rolled out to Initial Tranche and Phase One organisations, in February and September 2018 respectively. Organisations prescribed to share under the Scheme are known as Information Sharing Entities (ISE). Phase Two is due to commence in the first half of 2021. To date approximately 38,000 workers have been prescribed under the Scheme. In Phase Two approximately 370,000 additional workers are due to be prescribed.An independent Review of the FVISS is legislatively mandated to ens...
This tool has been written for 3 reasons: 1. To help people with disability to talk about their o... more This tool has been written for 3 reasons: 1. To help people with disability to talk about their own money. 2. To tell people where to get help if somebody is not using their money in the right way. 3. To help people who want to help people with disability know what questions to ask Support workers and other people, such as trusted friends or neighbours, can use this tool to help you. The tool can also be used by workers whose job it is to help people whose money is not being used in the right way. Sometimes when people don't use your money in the right way it is family violence. If people are not using your money in the right way there might be other family violence happening too. Using these questions might help you to think about whether somebody is not using your money in the right way. There are people who think that not using your money in the right way is OK. It is not OK and you should know that there are things to do and people who can help to stop it from happening. There are 2 sets of questions. Each set has 2 lists: The first list is called 'Main questions'. This list is to help you find out if someone is not using your money in the right way. The second list is called 'Extra questions'. This list has more questions to find out more about who uses your money. The first set of questions can help you start thinking about your money. The second set of questions helps you to think about how people haven't used your money in the right way. When you are ready you can ask someone you trust to help you write this down.
Illegal activity: (As distinct from unlicensed activity-see below) While all activity in contrave... more Illegal activity: (As distinct from unlicensed activity-see below) While all activity in contravention of the relevant laws is by definition illegal, this report uses the term illegal activity to describe activity designed to profit from the provision of sexual services in breach of the PCA or PCR, and which poses a risk for workers or the community. This activity can occur in licensed brothels, unlicensed brothel premises, premises offering add-on sexual services without a licence and in unlicensed escort arrangements. It can also occur in relation to the knowing transfer of licences in contexts that reduce oversight of the operation of legal brothels. Premises offering add-on sexual services without a licence: These are otherwise legitimate businesses (massage, health massage, or adult entertainment such as stripping) that offer unlicensed add-on sexual services. Private work: This term was used by all respondent groups to describe independent, sexual service provision by workers. In some instances the worker was operating as a small owner-operator using a PCA exemption number; in other cases, workers were operating as small owner operators without having registered their intention to rely on the exemption. Sex workers: Worker participants in this study. This term acknowledges that sexual services are being provided for financial reward by participants in this study and draws attention to the importance of working conditions and employment relations in creating and maintaining a safe and professional industry and contributing to worker safety and security. Sexual Service Providers/Licensees: Throughout the report, we use the term 'licensees' to refer to the licensed sexual service providers (as defined in the Prostitution Control Act) who were interviewed for the study. Unlicensed activity: Activity that is in breach of existing regulations which is undertaken by workers in unlicensed premises, premises offering add-on sexual services or working independently. This includes workers not registering for an exemption and/ or working in larger groups than two. It can include sexual services offered without licensing, often in connection to other legitimate services like massage. These activities may not impact negatively on worker autonomy or on community amenity and safety. Contents iii Contents Preface i Glossary ii Executive Summary vii 3.3.4 Premises offering add-on services without a licence 11 3.3.5 Work in unlicensed brothels 11 3.4 Positive aspects of working in the sexual services industry 12 3.4.1 Financial independence 12 3.4.2 Flexibility 13 3.4.3 Peer support 15 3.4.4 Autonomy 15 3.4.5 Communication skills 17 3.5 Challenges for sex workers 17 3.5.1 Social stigma attached to sex work 17 3.5.2 Lack of adequate health services 18 3.5.3 Demands for unsafe sex: client attitudes 19 3.5.4 Tax and the inability to claim for work-related expenses 20 4 Specific Worker Groups 23 4.1 Student workers 23 4.2 Underage workers 25 4.3 Drug affected workers 26 4.4 Overseas workers 26 4.5 Support Services and Advocacy Groups 28 5 Pathways for exit 29 5.1 Entry into the sexual services industry 29 5.2 Exit 30 5.3 Licensee support for exit 31 5.4 Support programs for exit 31 5.5 Moving on from sex work 31 6 Size, nature and drivers of the illegal brothel industry 33 6.1 Terminology 33 6.2 Summary of estimates of the size of the illegal industry 33 6.3 Prosecutorial data 35 6.4 Information, knowledge and definition 39 6.5 The growth and harms of unlicensed sexual service provision 40 6.6 Specific findings for unlicensed sexual service provision 41 6.6.1 Add-on services to massage 41 6.6.2 Unlicensed brothels 42 6.6.3 Legal brothels operating in breach of regulations 43 Contents iv 6.6.4 Practices compromising the objectives of worker autonomy 43 6.6.5 Exempt workers working outside the conditions of their exemption 44 6.6.6 Relationship between the licensed and unlicensed sectors 45
The Australian Journal of Anthropology, 2021
Theories of vulnerability are most often seen in the anthropology of disaster studies, where soci... more Theories of vulnerability are most often seen in the anthropology of disaster studies, where socio‐economic and political inequalities produce environmental vulnerabilities, and the people situated in these locations are positioned as vulnerable and dependent 'Others'. Rather than reproduce vulnerability as a concept denoting weakness, this paper seeks to examine the generative capacities of vulnerability practised in parallel in ethnographic and community spaces. As a form of witnessing and participating in and out of differing social worlds, anthropology engages in different vulnerabilities with and between multiple actors. This paper examines how a community program working with families identified as 'disadvantaged' in South Australia strategically uses vulnerability as a productive resource and a practice of care. In theorising vulnerability through parallel practices in both ethnographic approaches and this community program, we argue that vulnerability can be ...
Critical Criminology, 2019
Lone wolf terrorists who use bombs, firearms, knives, vehicles, biological weapons or other means... more Lone wolf terrorists who use bombs, firearms, knives, vehicles, biological weapons or other means to kill and injure, sometimes inflicting mass casualties, are of increasing concern to governments, police and security forces in western countries around the globe. This article aims to develop a more multi-dimensional framework for understanding these actors and the attacks they perpetrate by bringing the under examined aspect of gender to the fore. The article adds to the body of literature on lone wolf terrorism by centring gender as a means of analysing this phenomenon. In particular it looks to the current criminological scholarship on lone wolf terrorism, highlighting the lack of a developed gendered analysis. The article challenges misrepresentations of male violence against women in response to and in representations of lone wolf terrorists. It argues that the proliferation of these misunderstandings in scholarship, policy and practice undermines efforts to understand and effectively combat lone wolf terrorism. Response to Reviewers: 1) Please ensure American spelling and punctuation throughout (e.g., double quotation marks rather than single; punctuation inside quotation marks). Response: this has been done 2) Please use the phrase "and colleagues" or "and co-authors" instead of "et al." in the body of a sentence. "Et al." is fine as part of a parenthetical citation. (You may also list the authors' names if you prefer to do so.
Policing Hate Crime, 2017
Feminist Legal Studies, 2015
Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discour... more Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women's experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While 'donning the robes' may be an uncomfortable process, a feminist rearticulation of the law's carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may
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Papers by JaneMaree Maher