AIJA-funded projects

Making Change in the Courts: A Guide for Legal Reformers

Chief Investigators: Professor Emerita Judy Cashmore AO, University of Sydney; Dr Emily Henderson, Otago University

This project investigates why some courtroom reforms, particularly those supporting vulnerable witnesses, succeed while others fail, despite legislative backing. It explores how policy and practice changes in criminal trials are implemented, focusing on reforms for vulnerable witnesses in Aotearoa/New Zealand, Australia and England Wales. The study aims to produce a practical framework for sustainable reform implementation, offering evidence-based strategies for overcoming resistance and guiding judicial education. It will be examining both legislative and court-initiated reforms.

Supporting Effective Judicial Application of Section 41 of the Uniform Evidence Law and its Equivalents: Mapping Judicial Sentiment

Chief Investigator Dr Amanda Jane George, Central Queensland University, with Dr Sarah Kendall, Griffith University

Sexual assault in Australia has reached a 31-year high, with most cases going unreported and conviction rates below 10%. A key barrier to reporting is the trauma of cross-examination, which section 41 of the Uniform Evidence Law aims to address by preventing improper questioning. However, the literature indicates this provision is under-utilised, and victim-survivors continue to report harsh treatment in court. The reasons for inconsistent application of section 41, including legislative gaps, judicial reluctance, and lack of trauma awareness, remain unclear. To support the ALRC’s recommendation for nationally consistent judicial education on Section 41, this study will interview 20-30 judicial officers nationally, to explore their understanding and application of section 41 and identify barriers and support needs.

Updates to the web-based AI Decision-Making and the Courts: a guide for Judges, Tribunal Members and Court Administrators 2025-2026

Chief Investigator: Professor Michael Legg with Professor Lyria Bennett Moses, Dr Felicity Bell and Vicki McNamara (University of New South Wales)

This pilot project provides for an update of priority sections of the new web-based Guide and will include updates to multiple sections, reflecting and linking to rapidly evolving case law, practice notes, court rules, legislation, and policies in this area; and the timely carefully curated and easily navigated additions of new guidance on emerging technologies such as generative AI (e.g. Google Translate, ChatGPT, Bard, and DALL-E).

Legal Barriers to Indigenous Participation on Australian Juries: Jury Disqualification

Chief Investigator: Professor John Williams AM, with Associate Professor David Plater and the Hon Geoff Muecke (South Australian Law Reform Institute)

This project examines the rationale and operation of the criminal history jury disqualifications under the Juries Act 1927 (SA) s12 and the implications for Indigenous jury participation in South Australia. There is a notable absence of reliable data and statistics and much of the current literature in this area relies on anecdote.

The project builds on the 2023 AIJA publication authored by Professor Jill Hunter and Sharleigh Crittenden, The Australian Jury in Black and White: Barriers to Indigenous Representation on Juries.

National Bench Book on Aboriginal and Torres Strait Islander People and the Legal System

Chief Investigators: Professor Craig Longman and Distinguished Professor Larissa Behrendt AO with Michelle Toy (Jumbunna Institute, UTS)

Drawing on the Aboriginal Bench Book for Western Australian Courts as a model, this project will produce an online National Bench Book on Aboriginal and Torres Strait Islander People and the Legal System, which is specifically designed for a national audience. Ongoing consultations are determining the appropriate content, which is likely to include extracts of important cases, summaries and links to relevant research, issues covered by key federal, state and territory legislation, and information to promote cultural competence and challenge myths, stereotypes and biases.

Unrepresented Accused in the Magistrates’ Court of Victoria (Part 2)

Chief Investigators: Associate Professor Natalia Antolak-Saper, Professor Jonathan Clough (Monash University)

Part 1 of this project examined data in respect of adult unrepresented accused individuals in the Magistrates Court other than in trials and identified key issues involving lack of representation for both accused individuals and the broader criminal justice system. That report was published in October 2021 and is available here. Part 2 of the project builds on the findings in Part 1 and focuses on fair trial issues that may arise in contested hearings where the accused is unrepresented.

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Linkages and Partnerships 

Indigenous Justice Reports: New Narratives and Practices in Sentencing

Chief Investigators: Professors Thalia Anthony and Larissa Behrendt AO (University of Technology Sydney)

The AIJA is a partner on this ARC Linkage Project, with the Victorian Aboriginal Legal Service, Five Bridges Community Justice Groups for Aboriginal and Torres Strait Islander people (QLD), University of Technology Sydney, and Griffith University. The project introduces Aboriginal Community Justice Reports to Victorian Koori Courts by using a participatory action research model to assess the impact of these reports in criminal sentencing practices and outcomes.

Access to Justice in Interpreted Proceedings: The Role of Judicial Officers

Chief Investigators: Professor Ludmila Stern with Professor Sandra Hale, Professor Stephen Doherty, Associate Professor Melanie Schwartz (University of New South Wales)

The AIJA is a partner on this ARC Linkage Project, with Aboriginal Interpreter Service NT; All Graduates Interpreting and Translation Services; Australian Institute of Interpreters and Translators Inc.; Judicial Council on Diversity & Inclusion; Multicultural NSW; National Accreditation Authority for Translators and Interpreters Ltd; Translating and Interpreting Service. This project studies judicial officers during interpreted proceedings, with an interest in those involving emerging language groups and Indigenous languages. It measures behaviours against the Recommended National Standards for Working with Interpreters in Courts and Tribunals and compares Australian proceedings to those in international courts, with the aim of improving outcomes for non-English speaking participants.