PROGRESS REPORT ON ARC FUNDED RESEARCH – 2011
(All schemes except Linkage Projects - APAI)
Purpose
The ARC requests a progress report from each Project Leader to record progress and
provide a means of initial assessment. This can also serve to assist the researcher in cases
where progress has not been satisfactory or where difficulties have been encountered.
Instructions
Progress reports for all schemes are required to be submitted to the ARC by 31 January
2012.
PROGRESS REPORT ON ARC FUNDED RESEARCH
FOR ARC PROJECTS ACTIVE IN THE YEAR 2011
1.
PROJECT IDENTIFICATION
1.1
Project ID: LP0883295
1.2
Administering Organisation: Monash University
1.3
Project Title: Applying Human Rights in Closed Environments: A Strategic Framework for
Managing Compliance
1.4
Project Leader: Associate Professor Bronwyn Naylor
2.
2.1
PROJECT SUMMARY
100 word Project summary (as indicated in the original proposal)
Treatment of those deprived of liberty reflects a society’s commitment to the universality of
human rights. This project examines settings where security and safety of the community
and of individuals are traditionally of primary importance, but where the potential risk of
human rights abuses is high. Human rights principles are now being embodied in
comprehensive domestic obligations in Australia, and this project is a timely examination of
the implementation of human rights in closed environments. The project will contribute
practical strategies for addressing human rights obligations and will stimulate debate on
balancing human rights with security and safety considerations.
3.
3.1
PROGRESS OF PROJECT
Have there been changes to or problems with the project?
If No, please move on to section 4. If Yes, please complete the remainder of section 3.
Yes
If Yes, provide details (supporting documentation can be attached separately if required)
In view of the provision of ARC funding at a lower level than requested, we adjusted our
focus to concentrate primarily on the Australian context, and will implement a somewhat
narrower publication and conference presentation strategy.
The Australian emphasis of the project has led to a revision of the travel allocation in the
budget. For example some airfares originally allocated for international travel will be spent
on bringing international experts to Melbourne for our major conference in February 2012.
We have refined our coverage to include adult prisons, immigration detention centres, and
psychiatric and disability settings, and to exclude juvenile justice and aged care facilities.
Due to significant delays in obtaining permissions to commence empirical research within
each of the sectors, and general delay caused by some lengthy and involved ethics approval
processes, we were unable to complete all the anticipated empirical work in 2011, nor to
devote the necessary time to the preparation of a second scholarly paper proposed in last
year’s Progress Report. However, as described below, in addition to producing a peerreviewed article, this year we worked on a number of Working Papers, presented numerous
conference papers, and edited and published a collection of papers and transcripts from our
2010 Roundtable. Our progress with the empirical research, as outlined below, means that
our future scholarly papers will be informed by the results of our interviews and surveys of
managers, staff and residents/patients/inmates.
We have encountered issues in pursuing our empirical research within immigration
detention facilities and have decided to limit the empirical element of the research to
interviews already carried out.
4.
4.1
ACHIEVEMENTS AND MILESTONES
What are your achievements and any research findings to date?
Please provide 1 to 2 paragraphs only
We have self-published a compilation of papers from our Roundtable on Monitoring
and Oversight, both online and in hard copy: see Bronwyn Naylor, et al (eds.),
Monitoring and Oversight of Human Rights in Closed Environments: Proceedings of a
Roundtable, 29 November 2010 (Monash University Law Faculty, 2012), available in
limited hard copy and at
http://www.law.monash.edu.au/castancentre/projects/hrce-publications.html
We have designed, planned and scheduled a major Conference of national and
international significance to be held in Melbourne on 20 and 21 February 2012,
engaging over twenty international and national experts to present and participate
in the conference. We are expecting at least 150 participants at the conference.
We have established a web site on which we have published a range of papers,
information, and research findings for access by Partner Organisations and the
general public. http://www.law.monash.edu.au/castancentre/projects/hrce.html
We have consolidated our work with senior government decision makers,
monitoring bodies and volunteer and advocacy groups across Victoria, WA, the ACT
and the Commonwealth, and have commenced and substantially completed the
thematic analysis of interviews and surveys. We have published, or are in the
process of finalising, three Working Papers summarising these research findings to
date. Working Paper 1 is now available at the project website.
We have carried out a large proportion of the planned research interviews with staff
and residents of closed environments in the nominated sectors, with interviews of
Victorian prison management completed, surveys distributed to hundreds of prison
staff across a range of custodial and non-custodial staff, and with three focus-groups
conducted with prisoners. Our research at the Thomas Embling Forensic Psychiatric
hospital is almost complete. We have surveyed nursing staff in a number of units
including both acute and rehabilitation, interviewed nurse unit managers and
conducted focus groups with patients through the consumer advisory group. We
have further expanded our participant group to include clinical psychiatrists and
have begun recruitment and interviews with them. We have conducted focus groups
with the Office of the Public Advocate’s Community Visitors, and have sought
Ministerial approval to conduct similar sessions with the Independent Prison Visitors
in WA and Victoria.
We have received permission to begin our work in the disability sector and in WA
prisons and have begun setting up research visits for the coming months.
Our research visits have also served an educative function for staff and persons living
and/or working in the range of sectors, our team having been invited to give
presentations on the issue of human rights in closed environments across the
settings.
In 2011 we have presented five conference papers at national and international
conferences
o Bronwyn Naylor 'Monitoring for Human Rights in Places of Detention: NPMs
and IMBs - How Effective are they in Securing Human Rights?' Paper
presented at the Institute of Criminology, Cambridge, UK, May 2011
o Bronwyn Naylor, 'Mentally Ill Offenders and Human Rights in Places of
Detention' Paper presented at the Working Within the Forensic Paradigm
Conference, Prato, Italy, September 2011
o Bronwyn Naylor 'Human Rights, OPCAT and 'closed environments' Paper
presented to the Victorian Department of Human Services, and Department
of Health, Melbourne, September 2011
o Julie Debeljak 'Momcilovic v R' Paper presented at Public Law Weekend – 10
Years on from September 11: the Impact on Public Law, held by the Centre
for International and Public Law, Australian National University, Canberra, 910 September 2011
o Julie Debeljak 'Momcilovic v R: The High Court’s Views on the
Constitutionality and Operation of the Victorian Charter', presented at the
Castan Centre for Human Rights Law Public Lecture Series, Melbourne, 10
October 2011
We also published one refereed article:
o Julie Debeljak, ‘Who is Sovereign Now? The Momcilovic Court Hands Back
Power over Human Rights that Parliament Intended it to Have’ (2011) 22(1)
Public Law Review 15.
We have engaged with government and welfare agencies working in the relevant
sectors and been invited to speak about the research area.
4.2
What are your research milestones for the coming year?
Please provide 1 to 2 paragraphs only
(Please note that in your next report, you may be asked to report progress against these milestones)
This is expected to be the final year of the project, but researchers will continue to write
and publish from the research for at least another two years.
We are holding a major international Conference, ‘Implementing Human Rights in Closed
Environments – international perspectives and practices’, 20 to 21 February 2012 in
Melbourne with twenty international and national experts presenting on the
implementation of human rights in the range of sectors in Australia and in other countries,
to inform an Australian audience. Two sessions, one on each day of the conference, will be
dedicated to the presentation of our research findings to date. Our empirical work will
continue beyond February 2012, and we will also disseminate our complete findings in
Working Papers, to be made available online, and in a number of scholarly works, and
conference presentations. We also anticipate publishing selected presentations from our
Conference for a wider audience over 2012-13.
Achieving culture change is a key element of our proposed strategic framework. Our
research findings on culture change will be employed in an invitation-only Roundtable of
experts, following the Conference on 22 February 2012, which will develop guidelines for
achieving culture change in closed environments.
We anticipate completing all research interviews and writing up and analysing the
transcripts during 2012.
Finally, we will develop a strategic framework drawing on our research, interactions with
stakeholders, input at the conferences and roundtables, and make that available to Partner
Organisations and other interested groups. We envisage that this work may extend beyond
2012.
5.
PARTNER ORGANISATION CONTRIBUTIONS (LINKAGE ONLY)
5.1
Matching funding from Partner Organisations
Does the level and type of support provided by the Partner Organisation/s (PO)
accord with the commitment (cash and/or in-kind) given by then at the time of
entering into the agreement?
If No, provide details
Yes. All cash contributions have now been provided. In-kind contributions are ongoing. We
have asked Partner Organisations to ensure that they record their in-kind contributions on a
pro forma provided by us, and confirm with us that they have complied with the
commitment provided by them in the original application. At this point (30/1/12) we are
awaiting confirmation from one Partner Organisation which has been difficult to contact
due to the holiday season.
5.2
Source Documentation
Is there appropriate source documentation readily available to demonstrate to an
auditor the contribution (cash and/or in-kind) of the PO/s to the Project?
If No, provide details
Yes: all cash contributions are fully documented. In-kind contributions are recorded by
Partner Organisations.
6.
ATTACHMENTS
Is any supporting documentation attached?
7.
CERTIFICATIONS
7.1
Certification by the Project Leader
I certify that:
All details in this report are true and complete that this is an accurate Progress Report
for the period covered.
Name: Bronwyn Naylor
Date: 30 January 2012
7.2
Certification by Administering Organisation (DVC(R), equivalent or nominee)
The electronic submission of this Progress Report to the ARC by the RO of the
Administering Organisation is verification that the Administering Organisation
(DVC(R), equivalent or nominee) has approved the Progress Report content.
An electronic signature is not required.
Notes:
Thank you for submitting your Progress Report.
The ARC may contact you if clarification or further information is required to
determine whether progress has been satisfactory over the period covered in
the Report.
Information on this form is collected in order to determine whether the
research project funded by the ARC has reached satisfactory outcomes for
the year and for post award reporting.
Researchers should note that if the ARC is not satisfied with the progress of
the Project, further payment of funds will not be made until satisfactory
progress has been made on the Project. If satisfactory progress is still not
achieved, the Funding will be terminated and all outstanding monies
recovered by the ARC. Unsatisfactory progress on the Project will be noted
against any further proposals under any ARC scheme submitted by, or on
behalf of, the Chief Investigator or Fellow and will be taken into account in the
assessment of those proposals.