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Inside a fire truck

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Identifying the bush fire victims

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'YOU could hear the panic in my staff member's voice,'' says mortuary manager Jodie Leditschke, remembering the first phone calls warning of a deluge of bodies. It is Saturday, February 7, 2009, and Melbourne's mortuary at the Victorian Institute of Forensic Medicine is already full because of 450 unexpected deaths, mainly elderly and vulnerable people, attributed to the recent heatwave.

After a fortnight when temperatures averaged 35 degrees, the mercury today hits a record 46.4 degrees, made more frightening by gale-force winds.

In the afternoon, news of the bushfires in towns to the north and east of the city reaches the institute, and forensic pathologists ponder the scale of the job ahead. It's their responsibility to investigate and report the cause of unexpected or suspicious deaths to the Coroner - a profession made familiar by TV crime dramas such as Silent Witness.

Told that the fires have been deadly, the few staff on duty work overnight to finish reports on the heatwave victims, in order to release their bodies and make more space.

Naming the dead is routine for these medical detectives, but none could anticipate the horror and complexity of the task that would consume them for the next three months.

LEDITSCHKE, who holds a PhD in forensic medicine, is the first to attempt to take stock of the situation. In the institute's low-slung grey building, a punt kick from the ABC's Southbank studios, she makes calls and directs staff like a triage nurse. She is reassuring, warm and efficient, according to colleagues.

Not all her staff, which usually number between 8 and 10, are on deck - some are overseas, others are simply enjoying their weekend.

Among those away is Richard Bassed, a dental expert or forensic odontologist, who has taken his three young children to visit his parents' sheep and wheat farm near the town of Colbinabbin, near the NSW border.

At about 7pm, Bassed gets a call from the institute. Ten people are dead, he is told, and he is needed.

Driving home with his children the next morning, he can hardly see the road for smoke by the time the freeway passes Kilmore, just north of Melbourne's fringes. Dropping off the kids, he heads to the Southbank room that will become his virtual home for the next three months and begins calling other dentists and organising the examination area.

Early the same morning, Leditschke briefs the Coroner, Judge Jennifer Coate, on the likely number of dead from the heatwave and fires.

Amid the institute's extraordinary new routine, ordinary deaths continue across the state. Work goes on to confirm the cause of death of accident victims and unusual fatalities. The public is patient, despite delays in bodies being released for burial. ''I know you are really busy, but ... '' is how many phone conversations begin.

At the bushfire scenes and at the institute, the tiniest of fragments of the dead are identified with due dignity. The mammoth task of identification is made easier by a $30,000 robot, 1.5 metres tall, donated by a company to help identify the bushfire victims. It performs the necessary but wearisome work of dipping instruments into vial after vial to test DNA.

While teeth often provide the best clues in disasters such as fire - because they are the strongest part the body and the last to disintegrate - DNA identification is faster and more reliable. Where DNA samples are available, computer software, of the kind seen on crime thrillers such as CSI, helps accelerate the process.

Using 12 extra computers and a software program developed by the FBI, Dadna Hartman, head of molecular biology, and her team build genetic ''pedigrees'' to positively identify 50 people.

DNA is identified by using swabs from surviving siblings or grandparents, and then comparing the genetic data with remains such as blood, bone or tissue, creating a probability ratio to link a victim with family.

Run by police under the framework of national counter-terrorism, the exercise dealt with an imaginary poisonous gas attack at Tullamarine Airport, in which an unknown chemical killed people on a flight from Darwin to Melbourne.

A temporary mortuary was set up by the institute with forensic pathologists, mortuary technicians, odontologists and IT staff working through emergency processes, together with other services including the police, ambulance officers and firefighters.

As ghoulish as such an exercise might seem, imagining the unimaginable is a legacy of Black Saturday. As a consequence of their work in Operation Hades, the Metropolitan Fire Brigade said it could lend the institute its portable field hospital, the size of a suburban home and air-conditioned, should it be available and the mortuary be overwhelmed again.

The thought of such a need has never been far away for the institute's staff this summer. At his home one scorching day recently, Richard Bassed glances at the TV to check the forecast while nursing his infant son. ''It's days like today,'' he says, ''that make you think twice about everybody.''
Kevin Childs teaches literary journalism at RMIT University.

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'YOU could hear the panic in my staff member's voice,'' says mortuary manager Jodie Leditschke, remembering the first phone calls warning of a deluge of bodies. It is Saturday, February 7, 2009, and Melbourne's mortuary at the Victorian Institute of Forensic Medicine is already full because of 450 unexpected deaths, mainly elderly and vulnerable people, attributed to the recent heatwave.

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Kathleen Folbigg case study

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Updated December 03, 2018 21:37:55

Convicted of killing her four children, Australia's worst female serial killer, Kathleen Folbigg, speaks for the first time, as her legal team fights for a judicial review of her case. A fresh forensic opinion argues natural causes are a plausible explanation for their deaths.

Almost every day about 9.30am, Tracy Chapman's phone rings. "Kath" is the name that flashes up on the screen but before either woman can speak, a robotic American voice interjects.

"You are about to receive a phone call from an inmate at Cessnock Correctional Centre. Your conversation will be recorded and may be monitored. If you do not wish to receive this call, please hang up now."

Tracy Chapman never hangs up. "Good morning bub, how are you?" she says to her friend, convicted serial killer Kathleen Folbigg.

Since May 2003 when a New South Wales Supreme Court jury found Folbigg guilty of the murder of three of her infant children and the manslaughter of another, their conversation mostly has been banal - chitchat about Folbigg's daily routines, about the laundry or cleaning or other inmates.

But for the past three years, their conversations have increasingly focused on Folbigg's frustrations about the NSW Government's delay in considering her lawyers' petition for a judicial review of her case.

The petition, which was lodged with the NSW Governor in 2015, includes a comprehensive new report from Professor Stephen Cordner, one of Australia's pre-eminent forensic pathologists. It casts doubt on the forensic evidence that formed a major plank of the prosecution case in the trial and which, ultimately, contributed to Folbigg's conviction.

In phone calls recorded by Australian Story, Folbigg speaks publicly for the first time about her case and, in the process, gives her explanation for the incriminating diary entries that were a crucial part of the prosecution argument.

"You've got to understand that those diaries are written from a point of me always blaming myself," Folbigg says in one phone call. "I blamed myself for everything. It's just I took so much of the responsibility, because that's, as mothers, what you do."

New forensic opinion

In 2003, Folbigg was tried and convicted of the murder of her infant children Patrick, Sarah and Laura, and the manslaughter of Caleb. It was a high-profile trial that shocked the nation. She was sentenced to 40 years in jail, which was later reduced to 30 years and she is now midway through her sentence.

"I often described it, especially when I was going through the trial, as like I was just hanging onto a cliff by one finger," Folbigg now recalls.

She has always maintained her innocence, claiming that each child died of natural causes. During the trial, she opted not to give evidence. Instead her diaries became her de facto voice.

Nicholas Cowdery, who was the New South Wales Director of Public Prosecutions at the time, believes the jury got it right at the time.

"There's been an exhaustive process," he said. "The case has been assessed by a magistrate, by a jury of 12, which was unanimous in convicting, by the Court of Criminal Appeal, and the High Court has seen nothing to be concerned about in the way in which the convictions have been recorded."

In 2013, Folbigg's lawyers commissioned an extensive and detailed report from Professor Stephen Cordner, who examined the medical evidence presented at the trial.

"There is no positive forensic pathology support for the contention that any or all of these children have been killed," Professor Cordner concluded in his report.

He declined to be interviewed in case he is called upon to give evidence in future legal proceedings.

Australian Story asked another leading international forensic pathologist to offer an opinion on Professor Cordner's report.

"Fundamentally, I'm in agreement with Professor Cordner, in that all four of these child deaths could be explained by natural causes," said Associate Professor Matthew Orde, forensic pathologist at Vancouver General Hospital.

Mr Cowdery has reviewed the material and has a different view.

"I have looked at the petition that Mrs Folbigg has lodged. I've looked at the reports that have accompanied that petition. I remain of the view that the jury was correct," he said.

But he does say it is "concerning" the petition was filed three years ago and successive NSW attorneys-general have not addressed the question of whether an inquiry should be held into Folbigg's convictions. "I think this is an inordinate delay in dealing with this matter," he said.

In Cessnock Correctional Centre where Folbigg is serving her sentence, she has much time to reflect on her past. "My life just seems like it's been never-ending battles and things that I have to get over and conquer," she tells her friend on the recorded phone call.

She was three when she was placed in foster care. She has no memories of her parents but their story has been well-recorded. Kathleen's father, Thomas Britton, was a Balmain dock worker who stabbed her mother to death after a fight.

Folbigg was initially cherished by her new family but her foster sister Lea Bown says Folbigg went on to have a difficult relationship with her foster mother. "Mum was too old to have fostered her," she said. "Then my son came along and he took up all the time and her love and Kathy got none."

The repeating pattern of infant deaths

Folbigg met her husband-to-be Craig Folbigg in her teens. She was 21 when she had her first child.

"I just sort of thought that's what I was on the planet for - to meet a fella, get married, have a child, do the family. I guess because being a foster kid, a state ward, I just thought family was to be the ultimate important thing," she said.

But over a 10-year period from 1989 to 1999, Kathleen and Craig Folbigg would lose four children in very similar circumstances.

Caleb was the Folbigg's firstborn. At 19 days old, Folbigg said she found him lifeless in his cot. His death was put down to Sudden Infant Death Syndrome, or SIDS, the unexplained death of an infant. Then there was Patrick, who at four months of age suffered severe brain damage from a mysterious and unexpected "acute life-threatening event". He was revived but four months later, Patrick was also found dead by Folbigg.

The pattern repeated itself with Sarah, who in August 1993, at 10 months of age, was unable to be resuscitated. An autopsy determined it to be another SIDS death.

Then came Laura. She lived until she was 19 months old.

Once again, Kathleen Folbigg said she found her lifeless in her bed, called an ambulance, and attempted to perform CPR on her, but she was unable to be revived. It was at that stage though that the pathologist at autopsy, Dr Allan Cala, became suspicious. While he noted Laura had evidence of myocarditis, inflammation of the heart muscle, he believed it was non life-threatening and that Laura was too old to be a SIDS death.

Dr Cala shared his concerns with Singleton Detective Bernie Ryan. Folbigg's family initially believed the police investigation was a witch-hunt, but when Craig Folbigg found his wife's diaries and read their alarming contents, he changed his mind. He and Folbigg's foster sister Lea Bown became witnesses for the prosecution. Detective Inspector Ryan told Australian Story in 2004 that, "from the moment I read the diary, it was a murder investigation."

"She's a fairly good-natured baby," Folbigg wrote about Laura. "Thank goodness. It has saved her from the fate of her siblings. I think she was warned." Another entry: "I feel like the worst mother on this Earth. Scared she'll leave me now like Sarah did. I knew I was short-tempered and cruel sometimes to her, and she left. With a bit of help." And potentially most damning: "I am my father's daughter."

Natural causes of death plausible explanation: New report

The Crown case was that Folbigg had smothered her children. It relied on circumstantial evidence that she was a stressed mother prone to dark moods, that she was the one to find the dead children and did not pick up or perform CPR on the first three, and her disturbing diary entries.

Defence witnesses argued Folbigg was a loving mother and that there was no physical evidence of injuries from smothering.

Journalist Matthew Benns who sat through the trial said, "The prosecution case was very strong. There was the husband, the diaries, the police witnesses, the medical experts ... over the course of the seven-and-a-half week trial the weight of evidence built up a compelling picture".

Folbigg collapsed when the guilty verdict was read out.

Over the years, Folbigg exhausted her rights of appeal against those convictions. The NSW Court of Appeal described her diary entries as "chilling".

But a fresh forensic opinion concludes there was nothing to suggest that "any of the children have been killed".

In 2013, Newcastle barrister Isabel Reed brought together a team of lawyers, academics and students to review the Folbigg case. "What we're saying as her legal team is that the fresh evidence and expert reports that we have certainly cast doubt on Kathleen Folbigg's guilt," Ms Reed said.

They asked forensic pathologist Professor Stephen Cordner to review the medical evidence which helped convict Folbigg.

Professor Cordner's report concludes Caleb and Sarah's death were both properly categorised as SIDS deaths, Patrick's death was related to the epilepsy disorder he suffered in the last few months of his life, and that Laura's death "has been caused unexceptionally by myocarditis."

Professor Cordner's report also casts doubt on the prosecution case that Folbigg smothered the children, saying that it was surprising that in five alleged smothering events "there are no signs of smothering".

"The findings cannot rule out smothering in one or more of the cases, but especially in the case of Laura, not only is there an acceptable natural cause of death easily visible microscopically, it is important that there are neither general nor specific signs of compression of the face present," he said.

"If the convictions are to stand, they must do so without the support of forensic pathology, and in Laura's case at least, against the forensic pathology view."

Associate Professor Matthew Orde, who has reviewed the slides from Laura's autopsy concurs.

"I think this is an eminently fatal case of myocarditis. Of course we can't say for sure that this would have been the cause of death in Laura's case. All I can say is I think this provides a very good explanation for her untimely death," he said.

"I think this case certainly needs to be re-examined quite carefully."

Mr Cowdery suggests that even if it was accepted that Laura's death was due to natural causes, that does not mean that the other convictions cannot stand.

However, Folbigg's barrister, Robert Cavanagh disagrees.

"You can't just simply say, 'Well we got one wrong but the others can still stand'. They chose to run the trial and they packaged the trial - four trials happening within the one," he said.

In a statement, NSW Attorney-General Mark Speakman said he was giving "appropriate consideration" to Folbigg's petition. He said it raised "complex questions to which I have ... taken extensive advice".

Mr Speakman said he expected to make an announcement in "the near future".

From her prison cell, Folbigg says she is incredibly frustrated by the delay. "We're just simply waiting for a decision. For three years now, we've been clinging to that little bit of hope."

Conversations with Kathleen Folbigg
On the diary entry, "She left. With a bit of help":

"That quote, that was a reference to God or to some higher power or something going on that I didn't understand. I was thinking why was I not allowed to have the other three but now I've fallen pregnant again am I going to be allowed to keep this one?"

On not testifying at her trial:

"I said [to my solicitors]: "I don't think I'll cope with sitting up on the stand and having some bloke just attack me over them [the diary entries]. Now, 15 years later, I'm sort of gosh, I should've done it... I'm a totally different person, so, yeah, I would have the strength to sit up there and go: 'Wait a minute, what are you trying to do here?'"

On how she felt when she heard the verdict:

"Nothing might have come out of my mouth. The tears were flowing, but from the inside I just felt like I was absolutely just screaming my lungs out, going, 'No! This isn't right'. By the time they got me downstairs, my legs weren't even working properly. I was half carried down the stairs, and out to the cells."

On life in prison:

" I have a routine where I come out and do some exercise and all those kinds of stuff. And then the afternoon is just more attempting to be social and talking to girls, and you know, get coffee and all that sort of stuff."

Watch Australian Story's 'From Behind Bars' on ABC iview or Youtube.
Credits

Producer: Quentin McDermott

Photos: Supplied, AAP and Norm Thompson

Topics: murder-and-manslaughter, newcastle-2300, cessnock-2325

First posted August 13, 2018 05:08:45

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New forensic report raises questions about conviction of serial-killer mother

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Convicted of killing her four children, Australia's worst female serial killer, Kathleen Folbigg, speaks for the first time, as her legal team fights for a judicial review of her case. A fresh forensic opinion argues natural causes are a plausible explanation for their deaths.

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Jill Meagher (press 'open in new window'

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Coroner Caitlin

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Coroner Caitlin English, Coroners Court of Victoria (part 1)

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Investigation training

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Your rights in Victoria

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Various roles of Victoria Police officers

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Various roles of Victoria Police officers

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Web site (press open in new window)

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General duties policework is a rich and rewarding career, as well as the gateway to other specialist roles and areas. It allows you to meet and help people of all walks of life.

Duties of a police officer

A general duties officer is a first responder at any reportable crime or public need, 24 hours a day, seven days a week. They provide a vital service to the community and are a key part of Victoria Police.

General duties policing is vital to protect the community, as well as set and uphold .

As a general duties officer your duties will change every day, and is a rich and rewarding role like no other.

Should you wish, it can also first step in your journey to other . are typically required to complete a minimum of 2-4 years in general duties prior to applying for these areas.

General duties requirements

Your every day will be different as a general duties officer.

Out in the field

You will be required to undertake a range of duties including:

prevent anti-social behaviour

deal with community safety concerns

resolve disputes

attend accidents

investigate crime

enforce traffic law

deal with drug and alcohol affected people

attend critical incidents and emergencies.

Administrative tasks

You are also required to perform administrative duties such as:

submit paperwork on jobs you attend

keep an ongoing diary of the duties you perform during each shift

prepare paperwork for courts

attend court hearings

give evidence in court.

Community engagement

You may also be required to do community engagement tasks such as:

attend community events

talk to and assist vulnerable members of the community

general interaction with the community members of diverse backgrounds

build positive relationships with community groups and members.

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General duties police officers | Roles and duties of a police officer | Victoria Police

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Police Officers perform duties that are diverse, stimulating and challenging. Explore and apply for roles and careers within the Victorian Police force.

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Crimes Act 1958

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CRIMES ACT 1958 - SECT 459 Powers of police officer or protective services officer to apprehend offenders

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Powers of police officer or protective services officer to apprehend offenders

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337 AD Crucifixion is abolished in the Roman Empire

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The Waltham Blacks and the Black Act | The Historical Journal | Cambridge Core

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The measure of 1723 known as the 'Waldiam Black Act' (9 Geo. I, c. 22) has acquired a lasting notoriety. Lecky called it 'a special and most sanguinary law', and even Sir Leon Radzinowicz finds it 'remarkable' as the most severe legislation of the eighteenth century, its comprehensive nature making it an 'ideological index' to the capital laws at large.

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SJ Factsheet Overview of the Criminal Justice System - week 2 CJS

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In this section, you can also find information about appearing in court, including finding a lawyer, support services available and how to access court transcripts and judgments.

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corrections victoria business services division

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corrections victoria security and intelligence division

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corrections victoria strategic policy and planning division

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Corrections Victoria - Corrections, Prisons & Parole Victoria

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Corrections Victoria - a business unit of the Department of Justice - implements court judgments and orders, sets strategy, policy and standards for correctional facilities and develops programs for the management and rehabilitation of prisoners and offenders

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Elements of Crime (Mens Rea, Actus Reus)

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This topic provides information on a range of criminal offences.

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The Adversarial System - Legal Studies Crime

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Criminal case scenario

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VCE Legal Studies: Criminal case scenario (introduction)

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rights of the accused

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VCE Legal Studies: Criminal case scenario (part 1)

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A barrister is an independent lawyer with specialist skills in dispute resolution, litigation strategy and advice and in advocacy before the court.

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Jump to navigation

Jury service is a crucial part of Victoria's justice system. Juries are made up of citizens randomly selected from the Victorian Electoral Roll. Every year, thousands of Victorians give their time to attend jury service. Most find the experience interesting and valuable.

While jury service is a great opportunity to learn about the justice system, its greatest strength is giving members of our community the opportunity to participate in, and contribute to, the administration of justice.

In this section of the website, you can find out everything you need to know at every stage of the process if you have been selected as a potential juror:

Note: If you have been selected as a juror, please visit our public portal at juries.vic.gov.au to complete your Eligibility Form, update your details or check your status.
Employers
If you have an employee who has received a jury summons, please see our Employers page to find out about what to expect and your legal obligations.
Contact details:
Juries Commissioner's Office
Ground Floor, County Court Building, 250 William Street, Melbourne, Victoria, 3000
Email: info@juries.vic.gov.au

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Jump to navigation Jury service is a crucial part of Victoria's justice system. Juries are made up of citizens randomly selected from the Victorian Electoral Roll. Every year, thousands of Victorians give their time to attend jury service. Most find the experience interesting and valuable.

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One punch

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{Subtitle words: This video has been developed for educational purposes to demonstrate the workings of the Supreme Court of Victoria and the Victorian legal system. The characters and events depicted in this video are fictional and not based on any actual person or event 18 year old Justin Moore went out with friends one Saturday night. It was a night which would change his life, and the lives of many others...forever.} {Subtitle words: The incident} {Justin walks backwards out the door of a pub where a group of young people stand outside at night. A security guard ushers him out. Justin is clearly inebriated and is wearing a Sydney Swans scarf.}
Guard: That's it, no more... you're out!

Justin: Come on mate... we did nothin'.

Guard: Go on, pal. Join your mates.
{Justin walks over to his friends}
Friends: Heeeeeyyyyyyy.
{A man approaches from another group}
Man: Good on you, hero. Got us all kicked out. Just like the Swans... weak as piss!

Justin: Say that again... dickhead!

Man: Weak. As. Piss.
{The man turns his back to Justin and walks away. Justin punches him from behind in the head and the man falls to the ground. Justin's friends grab Justin by the arms to hold him back}
Justin: Get up you maggot!
{A woman kneels next to the unconscious man on the ground. Blood trickles from his head.}
Woman: Oh my god, what have you done?!

Justin: Weak as piss!

Woman: Joe... Joe? Somebody call an ambulance!
{The security guard rushes over and reaches inside his coat for his mobile phone to call an ambulance} {Subtitle words: The judicial process} {Introduction from the narrator}
Welcome to the Supreme Court of Victoria. This is where they hear the most serious criminal and complex civil matters in the state, as well as appeals from other Victorian courts and tribunals. Today you will watch the trial of Justin Moore, an 18-year old high school student accused of the manslaughter of fellow classmate, Joe Strathmore.
{Justin is escorted in to the court. The judge enters the courtroom.} {Subtitle words: the arraignment}
Tipstave: Silence! All stand. All persons having business before this Honourable Court are commanded to give their attendance and they shall be heard. God save the Queen. Be seated please.
{The Associate to the judge stands and addresses Justin}
Will the accused please stand.
{Justin stands}
Associate to the judge: Is your full name Justin James Moore?

Justin: It is.

Associate to the judge: Justin James Moore you are charged that on the 2nd of April 2016 you killed Joseph Avery Strathmore. How do you plead, guilty or not guilty?

Justin: Not guilty.

Associate to the judge: Mr Moore, you may be seated.
{Justin sits, his parents look on with worried expressions}
Narrator: Since Justin has pleaded not guilty the Court will now proceed with a trial, which starts with the selection of a jury.
{Subtitle words: Jury empanelment} {The judge speaks to the group of potential jury panel members}
Ladies and gentlemen, we are now going to select a jury. You must ask to be excused if you know or knew the accused, deceased or any members of their families. You must also be excused if you know any of the witnesses, lawyers or court officers involved in the case. You should also ask to be excused if you feel that you would be severely inconvenienced if required to attend court for the next three weeks or so. But please note, jury service is a very important civic obligation, and I won't be able to excuse you on this ground unless the inconvenience to you or others would be out of the ordinary. Madam associate, would you call through the panel.

The associate to the judge: Ladies and gentlemen, summoned as jurors, as your panel number is called, please answer "present" but remain seated. If you wish to be excused, please answer "excuse" and remain in your seats.

Tipstave: Juror 107.

Present.

Tipstave: Juror 159.

Excuse.

Tipstave: Juror 43.

Present.

Tipstave: Juror 3.

Present.

Tipstave: Juror 24.

Excuse.

Tipstave: What is your panel number?

159.
{The jury member stands}
Tipstave: Please repeat after me; I do solemnly, sincerely declare and affirm.

I do solemnly, sincerely declare and affirm.

Tipstave: That the evidence I shall give.

That the evidence I shall give.

Tipstave: Will be the truth, the whole truth and nothing but the truth.

Will be the truth, the whole truth and nothing but the truth.
{The judge addresses panel member 159}
Why do you wish to be excused from serving on this jury?

My son is friends with the Joe's older brother, your Honour. They work together at the local shopping centre.

Very well, you're excused. You may step down.

Narrator: While the judge determines the law to be applied in the case, the jury decides the verdict.

Associate to the judge: Members of the jury panel, as your numbers and occupations are called, please walk past the accused and take a seat in the jury box, unless 'challenged' by the accused or 'stood aside' by the prosecution.
{The barrister for the defence stands and addresses the judge}
Your Honour may my instructing solicitor assist Mr Moore?

Judge: Yes, go ahead.
{The instructing solicitor walks over to Justin and stands next to him} {The associate to the judge speaks and reads out the juror numbers and their occupation}
Juror 107, electrician. Juror 43, nurse.

{The instructing solicitor speaks to Justin as each juror passes him}

Justin: Challenge!

Associate to the judge: Juror 24, student. Juror 3, banker. Juror 10, high school teacher.

{Barrister for the prosecution stands and addresses the judge}

Stand aside, your Honour!

Associate to the judge: Juror 32, artist.

Narrator: Both the defence and prosecution can challenge or stand aside up to six prospective jurors without reason.

Associate to the judge: Members of the jury, Justin Moore is charged with manslaughter. To that charge, he has pleaded not guilty. For his trial, he has placed himself in your hands. Your duty, therefore, is to say whether he is guilty or not guilty. Listen carefully to the evidence.
{Subtitle words: The trial}
The Barrister for the prosecution addresses the jury}
Ladies and gentlemen of the jury, this is a case about a young man who could not control his anger, which ultimately led to the death of one of his classmates. The defence may argue that the death was an accident, however, we will show that the accused intentionally punched Joe Strathmore which ultimately caused his death. At the conclusion of the case we would ask you find Justin Moore guilty of manslaughter. Thank you.

{The barrister for the defence addresses the jury}

Ladies and gentlemen of the jury, this is indeed a case about the death of a young man, however not due to the actions of Justin, but by a simple accident. What the prosecution didn't say in their opening address is that the deceased was heavily intoxicated at the time of the incident. This impaired his balance and motor functions, which ultimately led him to trip and fall. Justin Moore is not guilty of manslaughter.

Narrator: Under our legal system, the prosecution has the burden of proof. The accused doesn't have to prove that they're innocent. And return a verdict of not guilty.
{A young man stands in the witness box and speaks}
The evidence I shall give shall be the truth the whole truth and nothing but the truth.

Barrister for the prosecution: What is your full name?

Matthew Blake Thompson.

Please explain how you know the accused.

He's my mate... we're in the same year at school.

Were you there on the night of the incident?

Yes. We were watching the footy at the Sherlock Arms.

Did anyone approach you?

Yeah, when the game finished a couple guys from our school came up to us, starting talking to us about the game.

What did Justin do?

Justin was angry that his team lost and Joe just kept annoying him about it. Wouldn't let up, you know? Someone started shouting and a security guard showed up. He told us to knock it off and get out.

And then what happened?

We all left the pub, but Justin was still really mad. There was more shouting and suddenly
they were pushing and shoving each other. Joe said something and Justin just lost it. He went up to Joe and hit him. Joe fell, hit his head on the ground. It was awful.

Thank you Matthew, no further questions.
{The barrister for the defence stands and addresses the witness}
Mr Thompson, had you been drinking that evening?

Yes... How much had you had to drink?

I don't know...a few beers?

How many Mr Thompson?

Seven, maybe eight?

How far away do you say you were you standing when you say you saw my client hit the deceased?

Ummm, about four or so metres I guess.

Do you normally wear prescription glasses Mr Thompson?

Sometimes... I don't wear them all the time.

Were you wearing your glasses on the night of the incident?

No... but I know what I saw.

No further questions your Honour.

Judge: Mr Prosecutor?

Barrister for the prosecution: Matthew, when do you normally wear your prescription glasses?

For driving usually. They're not very strong.

So you don't need to wear them all the time?

No, I can see just fine.

Thank you Matthew, no further questions.

Narrator: Once the prosecution has finished, the defence calls in its witnesses.

Barrister for the defence: What is your full name?

Jamie Offen.

And what is your occupation?

I'm a security guard and I work at the Sherlock Arms pub.

Mr Offen, were you working at the Sherlock Arms on the night of the incident?

Yes, I was.

Did you see the deceased that evening?

Yeah, I remember him. He and his mates were really drunk. I saw him fall down on the floor about half an hour before the fight happened. He yelled something out and his mates had to pick him up.

Thank you Mr Offen. No further questions your Honour.

Judge: Mr Prosecutor?

Narrator: After closing statements have been heard, the judge charges the jury and reminds them that their decision must be unanimous.
{The judge addresses the jury}
You are the judges of the facts, and as such, it is your duty to determine whether the evidence satisfies you beyond reasonable doubt of the guilt of the accused.
{Subtitle words: The verdict} {The associate to the judge addresses the jury}
Will the accused please stand? Have you reached a verdict?
{Justin stands}
Yes.

Associate to the judge: Do you find the accused guilty or not guilty of manslaughter?
{A jury member responds to the associate to the judge} We find the accused guilty. {Justin scoffs and sits down. Justin's mother whispers "no' and brings a tissue to her face}
The associate to the judge: Is this the verdict of you all?

Yes.

Judge: Thank you members of the jury. You are now free to go. Please take the prisoner into custody.
{Justin is escorted out of the courtroom.}
Narrator: After a guilty verdict, a plea hearing is conducted. At the hearing, all aspects of the case are placed before the Court. The judge must give due consideration to all relevant matters placed before the Court. When drafting sentencing remarks, the judge takes into account the facts and circumstances of the offence. This includes the maximum penalty that can be ordered for such an offence, as well as any aggravating and mitigating factors. The judge also considers the offender's age, if they have a past criminal history, if they show remorse or if there's any surrounding circumstances that may increase or reduce the sentence. The judge may also take into account victim impact statements, as well as submissions from the defence regarding the need for leniency. How long do you think Justin should be imprisoned for?
{The judge references book and papers in her chambers.} {Subtitle words: The sentence} {The judge addresses Justin}
Justin James Moore, you have been found guilty by jury verdict of the crime of manslaughter. Alcohol may explain your actions, but it certainly doesn't excuse your actions, and for that, Mr Moore, you must face the consequences. The Strathmore family have lost someone they love because you, Mr Moore, lost your temper, and acted out in an immature and cowardly way. The Court takes into account the offender's age, co-operation with the authorities and lack of criminal record as indicators for rehabilitation, however, the lack of remorse shown by you, Mr Moore, is a big cause for concern. There is also a clear need to deter other young men from engaging in this type of violent, unprovoked behaviour and to avoid similar tragedies from happening in the future. Accordingly, for the crime of manslaughter, I sentence you, Justin James Moore, to eight years imprisonment with a non-parole period of five years.
{Justin's mother weeps and leans into Justin's father}
I also strongly recommend, Mr Moore, for your benefit and the greater community's benefit that you complete anger management and alcohol addiction programs while in custody. Remove the prisoner.
{Justin is escorted out of the courtroom.}
Tipstave: All stand. This court is now adjourned.

Narrator: The judge determined that a significant term in prison was the most appropriate punishment for Justin.

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Video resource for teachers and students

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Subtitle words: This video has been developed for educational purposes to demonstrate the workings of the Supreme Court of Victoria and the Victorian legal system. The characters and events depicted in this video are fictional and not based on any actual person or event 18 year old Justin Moore went out with friends one Saturday night.

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Trial: Examining Witnesses Without Asking Leading Questions

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Defendant on the stand= bad idea

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A Time To Kill - Yes They Deserve to Die and I Hope They Burn In Hell! (1996)

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The Advocate's Duty to the Court under the Barristers Uniform Conduct Rules

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The Advocate's Duty to the Court under the Barristers Uniform Conduct Rules

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Tax Bar Association Ethics Seminar Series
RTF version - 118 KB
A paper delivered nationally via the Federal Court as part of the Tax Bar Association Ethics Seminar Series on 15 March 2016

I. Admission as an Officer of the Court

On the first sitting day of every month the Supreme Court conducts a number of admission ceremonies whereby fresh faced young people are "admitted to the legal profession as an Australian Lawyer and as an officer of [the Supreme] Court".

This is not a mere formality - the obligations of a lawyer to the court are fundamental and pervade every aspect of practice as a lawyer.

As this is a Tax Bar Association presentation, I will focus on the lawyer's duties as an advocate, although there are, of course, like obligations on solicitors. Criminal advocates are subject to a number of further obligations which I will not cover in this presentation.

The duties of an advocate can be found in three main sources:

1. The advocate's "common law" obligation to the court;

2. The advocate's duty to the court under the Legal Profession Uniform Conduct (Barristers) Rules 2015 (" The Barristers Uniform Conduct Rules"); and

3. The advocate's statutory duties under civil procedure legislation.

It has been said that "since time immemorial, the courts have assumed the inherent power to impose these duties" and that the second and third of these sources are merely part of an ongoing process of codifying what were previously basic ethical principles.

In the time available to be I can do not more that put a few signposts along the road to put my audience upon a train of further enquiry.

II. The Advocate's "Common Law" Duty to the Court

In Giannarelli's case Mason CJ explained that:

The performance by counsel of his paramount duty to the court will require him to act in a variety of ways to the possible disadvantage of his client. Counsel must not mislead the court, cast unjustifiable aspersions on any party or witness or withhold documents and authorities which detract from his client's case.

...The duty to the court is paramount and must be performed, even if the client gives instructions to the contrary. ... [A] barrister's duty to the court epitomizes the fact that the course of litigation depends on the exercise by counsel of an independent discretion or judgment in the conduct and management of a case in which he has an eye, not only to his client's success, but also to the speedy and efficient administration of justice. In selecting and limiting the number of witnesses to be called, in deciding what questions will be asked in cross-examination, what topics will be covered in address and what points of law will be raised, counsel exercises an independent judgment so that the time of the court is not taken up unnecessarily, notwithstanding that the client may wish to chase every rabbit down its burrow. The administration of justice in our adversarial system depends in very large measure on the faithful exercise by barristers of this independent judgment in the conduct and management of the case.

Justice Ipp (writing extra judicially) has also observed that:

This general duty requires counsel to present the issues as clearly and economically as possible and, in appropriate circumstances, to co-operate so as to avoid needless disputes. Breaches will result when lawyers waste time, and are guilty of prolixity and repetition, and when the use of aggressive and discourteous tactics lead to the incurring of delay, inconvenience and needless cost. Lawyers who fail to adhere to rules and practices laid down to speed up litigation may thereby breach their duty to the court.

Many of these general duties have been codified in the Barristers Uniform Conduct Rules.

III. The Advocate's Duty to the Court under the Barristers Uniform Conduct Rules

The Barristers Uniform Conduct Rules commenced on 1 July 2015 and cover (amongst other things):

Duty to the court

Duty to the client

Duty to the opponent; and

Efficient administration of justice.

The Rules are prefaced with a number of "principles", the first of which is that 'barristers owe their paramount duty to the administration of justice'.

They go on to state that a barrister has an overriding duty to the court to act with independence in the interests of the administration of justice and must not deceive or knowingly or recklessly mislead the court.

The barrister's duty to the client is 'to promote and protect fearlessly and by all proper and lawful means' the client's best interests to the best of the barrister's skill and diligence, and to do so without regard to the barrister's own interests. The barrister must also ensure that the client has a sufficient understanding of the case to be able to give proper instructions and must inform the client of ADR options.

The barrister's duty to his or her opponent is not to knowingly make a false or misleading statement to them in relation to the case and (other than in certain specified circumstances) not to communicate to their client or the court without their knowledge.

Finally, a barrister must ensure that his or her work is performed in a manner that will:

(a) confine the case to identified issues which are genuinely in dispute;

(b) have the case ready to be heard as soon as practicable;

(c) present the identified issues in dispute clearly and succinctly;

(d) limit evidence, including cross-examination, to that which is reasonably necessary to advance and protect the client's interests which are at stake in the case; and

(e) occupy as short a time in court as is reasonably necessary to advance and protect the client's interests which are at stake in the case.

We will see that these particular obligations are mirrored in the Model Litigant Guidelines and elsewhere.

IV. The Advocate's Statutory Duties

The third source of duties is the advocate's statutory duties. The case management provisions in the Federal sphere are in Part 5B of the Federal Court of Australia Act 1976.

Section 37Mof that Act provides that:

(1) The overarching purpose of the civil practice and procedure provisions is to facilitate the just resolution of disputes:

(a) according to law; and

(b) as quickly, inexpensively and efficiently as possible.

(2) Without limiting the generality of subsection (1), the overarching purpose includes the following objectives:

(a) the just determination of all proceedings before the Court;

(b) the efficient use of the judicial and administrative resource available for the purposes of the Court;

(c) the efficient disposal of the Court's overall caseload;

(d) the disposal of all proceedings in a timely manner;

(e) the resolution of disputes at a cost that is proportionate to the importance and complexity of the matters in dispute.

This "proportionate" aspect has been taken up with a vengeance in the UK (as a result of the Jackson reforms). However, somewhat controversially, this has also resulted in a plethora of satellite litigation revolving around cost sanctions.

In the time available to me, I cannot set out the remaining provisions of Part VB of the Federal Court of Australia Act 1976 but suffice to say, they make it crystal clear that the court expects parties and their advisors to comply with the overarching purpose and has the power to order indemnity and personal costs in the event of any failure to so comply.

Moreover, there are similar provisions to Part 5B in the State Courts such as the Civil Procedure Act 2005 in NSW and the even more directive requirements in Chapter 2 of the Victorian Civil Procedure Act 2010 in section:

16 - a paramount duty to the court in the administration of justice;

17 -to act honestly;

18 -to have a proper basis for any claim or response to a claim made in a proceeding;

19 -not to take any step in a proceeding unless that step is necessary to facilitate the resolution or determination of the proceeding;

20 -to co-operate;

21 -not to mislead or deceive;

22 -to use reasonable endeavours to resolve the dispute including by use of ADR;

23 -to narrow the issues in dispute;

24 -to ensure that costs are reasonable and proportionate;

25 -to minimize delay;

26 -to disclose the existence of documents; and

27 -to only use disclosed documents for appropriate purposes.

I also note, in this regard, the obligation of the parties to most (but not all) disputes in the Federal Court to file a "Genuine Steps Statement" under Rule 8.02 of the Federal Court Rules 2011. Although the failure to file such a statement does not invalidate the proceeding, again - it is clear that a lawyer can be ordered to pay cost personally in the event that he or she does not advise the client of the requirement to file a genuine steps statement or assist them to comply with that requirement.

It has recently been said of the NSW Civil Procedure Act that:

The operation of the Civil Procedure Act, ss 56-60 has brought about important changes to the conduct of civil litigation in this State. To a significant degree those provisions enshrined many of the developments in case management and the approach to litigation over the previous 20-30 years in this country. They now have statutory form. They are, however, a clear statutory watershed. That statutory form comprises the over-riding purpose: s 56, the fulfilment of which binds the Court (s 56(2)), the parties (s 56(3)) and legal advisers (s 56(4)). That over-riding purpose is the 'just, quick and cheap resolution of the real issues in the proceedings'.

We have recently seen a number of instances where the Courts have given teeth to these Civil Procedure requirements. These have been collated in a comprehensive paper authored by O'Callaghan QC and Tran of the Victorian Bar.

It seems that, despite these obligations, we lawyers do not always play nicely together. In one of the Rinehart decisions, Justice White quoted a letter from one law firm to another before saying:

One of the fundamental ethical duties of a solicitor is to be courteous in all dealings in the course of legal practice ... If the practice of law is to be regarded as a profession it should go without saying that courtesy should be shown as a mark of respect in dealing with professional colleagues. Discourteous conduct is likely to increase tensions, inflame disputes and bring the administration of justice, in its wider sense, into disrepute. As has been said:

Civility within the legal system not only holds the profession together, but also contributes to the continuation of a just society ... Conduct that may be characterized as uncivil, abrasive, hostile, or obstructive necessarily impedes the goal of resolving conflicts rationally, peacefully, and efficiently, in turn delaying or even denying justice.

When such uncivil behaviour comes to the attention of the court it should be noticed and condemned.

Writing extra-judicially, one Judge of the Supreme Court has described the Victorian Civil Procedure Act as now holding a "fundamental position ... in the Victorian civil litigation system." His Honour went on to say that:

No longer can it be the case that practitioners can hold the mistaken belief that the obligations under the Act are merely aspirational rather than obligatory, nor should a practitioner feel that the provisions are generalities that operate as merely a gentle touch in the direction of the pursuit of justice.

V. Conclusion

Although the various overriding obligations have, in fact, always existed they have been codified and they are now being applied rigorously by the courts exercising their various powers in relation to costs. There seems little doubt that on many occasions such powers are being wielded in order to effect cultural change in the manner in which litigation is conducted.

The author thanks Matthew Caldow for his assistance in preparing this paper.

D A Ipp, 'Lawyers' Duties to the Court' (1998) 114 Law Quarterly Review 63, 63.

Chief Justice T F Bathurst, 'Duties to the Court, Duties of the Court' (Speech delivered at the Law Society Planning Conference, Bowral, 14 Nov 2014) [30].

Chief Justice T F Bathurst, above n 2, [38]-[48].

Director of Consumer Affairs Victoria v Scully (No 2) [2011] VSC 239, [22].

Chief Justice T F Bathurst, above n 2, [19].

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RTF version - 118 KB A paper delivered nationally via the Federal Court as part of the Tax Bar Association Ethics Seminar Series on 15 March 2016 On the first sitting day of every month the Supreme Court conducts a number of admission ceremonies whereby fresh faced young people are "admitted to the legal profession as an Australian Lawyer and as an officer of [the Supreme] Court".

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Court drama during cross examination of double murder victims father

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Mathew Perry Voices His Support for Drug Courts

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Domestic Violence and the Queensland Courts

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website

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Meet our staff | Neighbourhood Justice Centre

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The purpose of Drug Court is to impose and administer an order called a Drug and Alcohol Treatment Order (DATO).

A DATO consists of two parts:

custodial: sentence of imprisonment - not exceeding two years - to be served in the community to allow the participant to receive drug and / or alcohol treatment.

treatment and supervision: aims to address the participant's drug and / or alcohol dependency.

The supervision of the participant is the responsibility of a Drug Court Magistrate. Support from case managers, clinical advisors, alcohol and drug counsellors, the police and Victoria Legal Aid is central in assisting participants achieve treatment and recovery goals.

Participants on a DATO are required to:

attend and participate in regular appointments with the Drug Court

routinely submit to supervised drug and / or alcohol testing

attend Drug Court weekly

engage in drug and or alcohol, medical, psychiatric or psychological assessment and treatment

attend educational, vocational, employment or other programs

comply with conditions of the DATO, including residential and curfew conditions.

Rewards and sanctions are used to encourage positive behaviour and address any non-compliance.

Any non-compliance or reoffending may lead to the cancellation of a DATO.

A referral into Drug Court can be complex. You should seek legal advice. The steps below outline the most common method of referral into the Drug Court. It does not cover all scenarios.

STEP 1: Confirm availability

The usual place of residence of the accused (if they have one) must be within the gazetted catchment area of a Drug Court. If an accused is homeless/does not have an ordinary place of residence they may apply to access Drug Court. A decision will be made by a magistrate in relation to eligibility and suitability based on a wide range of factors including available accommodation options and an accused's capacity/ability to access Drug Court premises.

STEP 2: Check eligibility

The accused person must:

be dependent on drugs and / or alcohol that contributed to their offending

be facing an immediate term of imprisonment not exceeding two years

be facing charges that are not sexual offences or involve the infliction of actual bodily harm unless minor in nature

not be subject to a parole order or sentencing order of the County or Supreme Court.

plead guilty to the offence(s)

Before the referral process can begin, a summary case conference should take place with the police. A referral cannot proceed unless the accused person pleads guilty to the offence(s). Any disputes about the charge(s) must be resolved with the police first.

See the pleading guilty or not guilty page for more information.

STEP 4 - Book a screening hearing

Contact the relevant Drug Court registry and book a screening hearing. At this hearing, a Drug Court Magistrate will determine the suitability of the offender.

The timing of the booking is dependent on when agreement about the charge(s) is reached with the police. This can occur at the mention or summary hearing.

A screening hearing should be booked before an application for adjournment and referral into Drug Court is made.

A Drug Court will also supply a Request to access the Drug Court form when a screening hearing is booked. The form should be completed and returned within two business days. The accused person's criminal history and any relevant professional reports should also be included.

STEP 5 - Attend the screening hearing

The offender must attend a screening hearing so the Drug Court Magistrate can determine their eligibility. Attendance can be in person or via video link.

If eligible, two assessments will be ordered; a clinical needs assessment by a Drug Court clinical advisor and an assessment of suitability by a Community Corrections case manager.

The offender and/or their lawyer will also be told of the date for a sentencing hearing. This will generally occur four weeks after the screening hearing. This allows time for the ordered assessments to take place.

If the offender is not eligible, the Drug Court Magistrate will either hand down a sentence or refer the matter to the mainstream court.

STEP 6 - Attend the sentencing hearing

The offender must attend the sentencing hearing so the Drug Court Magistrate can determine suitability. The assessment reports are considered as part of the magistrates' decision to impose a DATO. If suitable, the offender will become a participant of the Drug Court and must follow the requirements of a DATO.

If the offender is not suitable, the Drug Court Magistrate will either hand down a sentence or refer the matter to the mainstream court.

Drug Court is available at the Melbourne and Dandenong, Shepparton and Ballarat Magistrates' Courts only. To contact a Drug Court, visit the relevant court contact us page.

Checklist

1. Confirm the availability of the Drug Court

2. Check the eligibility requirements of the Drug Court

3. Resolve the charges by having a summary case conference with the police.
A referral into Drug Court cannot be made unless the accused person pleads guilty to their offence.

4. Book a screening hearing at the relevant Drug Court registry and complete the 'Request to access the Drug Court' form.
The form should be returned to the Magistrates' Court within two business days.

5. The offender must attend the screening hearing. The magistrate will determine if they meet the eligibility requirements.
If eligible, two assessments must be completed.

6. The accused person must attend a sentencing hearing where the magistrate will determine if the accused person is suitable for a DATO.

Last updated on 24 Jan 2022

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The purpose of Drug Court is to impose and administer an order called a Drug and Alcohol Treatment Order (DATO). A DATO consists of two parts: custodial: sentence of imprisonment - not exceeding two years - to be served in the community to allow the participant to receive drug and / or alcohol treatment.

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Domestic violence and the justice system

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Domestic violence and the justice system

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If you are in immediate danger and need protection straight away, call the police on 000 (triple zero) for assistance.

Family violence is against the law and the department is committed to addressing family violence in Victoria. The justice system plays a leading role in responding to incidents of family violence and are pivotal to ensuring women and children are safe and perpetrators are held to account.

Family violence can affect anyone in the community - regardless of gender, age, location, socio-economic and health status, culture, sexual identity, ability, ethnicity or religion. While it can be perpetrated by any member of a family against another, it is more likely to be perpetrated by men against women and children.

Family violence includes harmful or violent behaviour that is used to control, threaten, force or dominate a family member through fear. It includes:

physical assault - hitting or pushing

sexual abuse

emotional or psychological abuse - humiliation, threats or insults

financial abuse - taking away access to money for food and clothes

damage to property

threatening to harm other family members or pets

stopping someone from seeing their family and friends.

Family violence can affect anyone in the community, it can happen:

in a marriage, de-facto relationship or civil union

in a gay or lesbian relationship

to people with a disability who rely on their carer

between parents, children and relatives

between people in a 'family-like' relationship.

If a child hears, see or is around family violence in any way, they are also covered by the law. The law also protects a person from anyone who was a family member in the past.

Victorian Royal Commission into Family Violence

The Royal Commission into Family Violence report was tabled into Parliament on 30 March 2016. The report contains 227 recommendations, and is the culmination of a 13-month inquiry.

To read the Royal Commission's report, the Victorian Government's response to the report, and information about community consultations, visit Response to Royal Commission into Family Violence (External link)

Changes to information sharing about people involved in family violence

In response to recommendations made by the Victorian Royal Commission into Family Violence, the laws regarding how information about perpetrators, victims or third parties involved in family violence are changing.

The Family Violence Information Sharing (FVIS) schemes permit a number of organisations to share current and historical family violence risk information with other listed organisations, when necessary to manage a risk of family violence.
Read more about the Family Violence Information Sharing Scheme
National plan to reduce violence against women and their children

Commonwealth, state and territory governments are working together, with the community to implement the National Plan to Reduce Violence against Women and their Children 2010-22.

Released in 2011, the national plan is a 12-year strategy that aims to achieve a significant and sustained reduction in violence against women and their children.

On 27 June 2014, the government launched the Second Action Plan: Moving Ahead 2013-16 which comprises joint areas of work that all governments agree are critical to reducing violence against women and their children and improving women's safety.

The Victorian Government signed up to the national plan in February 2011 which builds on and contributes to the work through Victoria's Action Plan to Address Violence Against Women and Children 2012-15.

For more information visit the Australian Government - Department of Social Services (External link)

Application for an intervention order

A family violence intervention order also known as a "restraining" order, is a court order to protect a person (and children) from a family member who is using family violence.

If the police attend an incident during after hours and believe immediate protection is required, they can issue a family violence safety notice which tells the other person to stay away from the affected person. This operates as an application for an intervention order which will be dealt with by the court during business hours.

You can also apply for an intervention order at any Victorian Magistrates' court without police.

A court may also make an interim order where an intervention order application has been made and the protected person needs immediate protection before the application can be determined by the court.

An application for an intervention order can be heard in the Children's Court (External link) when either the affected person or the respondent is a child (under the age of 18 years).

The Children's Court can also hear an application for an intervention order when both the affected person and the respondent are adults if there is a related child protection proceeding. All other applications are heard in the Magistrates' Court (External link)

Application for change in tenancy agreement

If you are a protected person in a family violence intervention order or family violence safety notice that has an exclusion clause, you can use the Application by a protected person online form (External link) to apply for Victorian Civil and Administrative Tribunal (VCAT) to make an order:

terminating the existing tenancy agreement and requiring the landlord to enter into a new tenancy agreement in your name

reducing the term of the fixed term tenancy agreement.

A protected person is entitled to have their VCAT fees waived. To arrange this, you must complete VCAT's Fee relief application form. View the Fee relief page on the VCAT website (External link)

For assistance from the Residential Tenancies List Support Worker, phone the VCAT Customer Service on 03 9628 9800 or 1800 133 055 (for regional callers).

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Resources, information, advice and support for victims of family violence in Victoria.

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Australasian Legal Information Institute (AustLII), a joint facility of UTS and UNSW Faculties of Law.

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Updated April 18, 2019 16:49:21

Borce Ristevski has been sentenced to nine years in jail for killing his wife Karen at the couple's home in Melbourne's north-west before dumping her body in bushland and denying any involvement in her disappearance until the eve of his trial.

The 55-year-old has never explained how he killed his wife on the morning of June 29, 2016, despite pleading guilty to manslaughter last month.

After killing his wife at their Avondale Heights home, Ristevski put her body in the boot of his car and drove to Mount Macedon, where he hid it in a nature reserve under logs, branches and foliage.

By the time the 47-year-old's remains were found in February 2017, the cause of her death could not be determined.

Justice Christopher Beale ordered Ristevski to serve a minimum term of six years.

Taking into account the 491 days he has already served, Ristevski will be eligible for parole in less than five years.

'We didn't get justice today'

Outside court, Ms Ristevski's brother Stephen Williams expressed disappointment at the sentence.

"Nothing was going to bring Karen back, but today was about justice, and we didn't get justice today at all," he said.

"As a society at some stage we will ... in regards to domestic violence make a stand ... it wasn't today."

The sentence was slammed by domestic violence organisations, with the CEO of No to Violence, Jacqui Watt, saying: "family violence cannot end until the men who use family violence change the actions they take in harming women and their beliefs, attitudes, behaviour and choices.

"The question we must ask is this: does this sentence reflect community attitudes now that the community is more aware of the prevalence and serious nature of family violence? The answer is clearly no."

Opposition leader Michael O'Brien said it was "for the role of Parliament" to fix sentencing laws, calling for the recentlyscrapped parliamentary Sentencing Reform Committee to be re-established.

Ristevski was initially charged with his wife's murder but ultimately pleaded guilty to manslaughter after the trial judge ruled the evidence of his conduct after her death could not be used to prove he had murderous intent.

The case against Ristevski was built around a series of contradictory and misleading statements he gave to police, family and friends in the months after his wife's disappearance.

Court documents detailed how Ristevski sought to deceive police and family members - including the couple's daughter Sarah - during the investigation including by changing phone numbers multiple times and warning a relative that police were "listening".

Prosecutors told an earlier hearing that the couple had argued about Ms Ristevski's clothing business, which was more than $400,000 in debt, on the morning of her death.

Ristevski changed his story about the morning of her disappearance several times - telling police they had an argument and she walked out of the house after telling him: "I can't talk to you right now - I'm going to clear my head".

Phone records showed Ristevski did not call any family or friends about Ms Ristevski's whereabouts after she disappeared.

He reported his wife missing 24 hours after killing her.

Ristevski spun 'web of lies'

Justice Beale said in the hours after killing his wife, Ristevski had "started down a road of deceit that [he was] to continue on for nearly three years".

"In the days - indeed months and years - that followed [Ms Ristevski's death], you continued spinning your web of lies. Lying not only to your daughter, but to extended family, friends, police, and even the public in a media conference organised by the police missing persons unit," he said.

The judge said these lies, particularly those he told his daughter, along with the way he disposed of his wife's body, constituted "a circumstance of significant aggravation".

The court heard excerpts from victim impact statements, which Justice Beale said showed the "sheer grief" of Karen's family and the "profound impact" of her death.

"Your disposal and concealment of Karen's body in Macedon resulted in family members not only having to cope with the anguish of her inexplicable disappearance, but also with the fact that her remains were significantly decomposed when she was found," he said.

"A constant source of anger and disbelief referred to in the statements was your active participation in your wife's funeral, including the fact that you not only comforted so many in the family when you secretly knew you were the cause of their grief, but that you also carried your wife's casket in the knowledge that you killed her.

"Although by your plea of guilty to manslaughter, you have finally accepted responsibility for killing Karen, you have not revealed how or why you killed your wife," he said.

"You may have turned off the road of deceit, but you have not taken the high road of full and frank disclosure consistent with true remorse."

Despite that, Justice Beale said he did not regard Ristevski's silence as providing evidence he had committed high-level manslaughter and accepted he did not kill his wife with murderous intent.

In his sentencing remarks, Justice Beale said Ristevski's daughter Sarah - who did not provide a victim impact statement, but instead wrote a character reference - "is not alone in the depiction of you as a loving father and husband".

"I accept that apart from the commission of your crime and your post-offence conduct, you have been a person of good character," Justice Beale said, adding he believed the prospect of Ristevski being rehabilitated was "good".

Justice Beale said Sarah Ristevski was her father's "principal victim" after his wife, and her predicament was "an agonising one".

In a character reference for her father, Ms Ristevski, 24, referred to her mother's killing as "the act of violence" and said the love her parents had for each other was "something I hope to one day experience for myself".

"The circumstances have left me without both of my parents," Ms Ristevski said.

"All I can try and do is communicate the truth of how good of a dad and husband he was to my mum and I."

Ms Ristevski said she had never witnessed any form of violence between her parents.

Justice Christopher Beale's sentencing remarks:

Topics: murder-and-manslaughter, courts-and-trials, avondale-heights-3034, vic, mount-macedon-3441

First posted April 18, 2019 11:17:40

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'We didn't get justice': Borce Ristevski gets nine years' jail for killing wife

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Karen Ristevski's brother says his family has been denied justice after her husband Borce is sentenced to a minimum term of six years' jail for killing her at the couple's Melbourne home in 2016, then dumping her body in bushland.

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A closer look at the evidence reveals Ristevski may have been much more calculating than a husband acting on the spur of the moment.

Ristevski's first move after killing Karen was the most crucial: what to do with the body.

Before 8.58am on July 29, 2016, the last known time that Karen was alive, Ristevski had conducted no apparent planning for the eventuality of killing his wife. By 10.43am, he had left the house and the cover-up was in full swing.

In 105 minutes, he turned from a seemingly ordinary dad to a calculating killer who would start a cat and mouse game with detectives that would captivate a nation.

Investigators believe Karen was slain in the bathroom of the family's Avondale Heights home in Melbourne's north-west. The bathroom was hospital-grade clean and there was no forensic evidence to be gathered anywhere in the house.

The Avondale Heights home of slain mother Karen Ristevski. Credit:Pat Scala

Ristevski put his wife's body in the boot of her black Mercedes and started driving for a place to hide the body. He would eventually find a spot 55 kilometres away, in isolated bushland in the Macedon Regional Park. Shovels that could have been used to bury her were left at home.

Twenty-six minutes into the drive, Ristevski turned off his mobile phone to avoid being traced. Within an hour of leaving the house, Karen's mobile telephone was also deactivated. He disposed of her telephone, handbag and wallet, which have never been found.

In broad daylight, Ristevski dragged Karen's body to a spot between two logs that was so well hidden by branches and foliage that it would take eight months for her to be found. This would prove crucial to Ristevski's murder charge being withdrawn.

Karen's badly decomposed remains were taken to the Victorian Institute of Forensic Medicine, but pathologists were unable to establish a cause of death due to the decay. Without that evidence, prosecutors could not say what happened inside the house and Ristevski would never tell them.

Karen Ristevski's remains were found between two logs in bushland at Mount Macedon. Credit:Justin McManus

When the Supreme Court ruled that his deceitful "post-offence conduct" could not be used to prove that he planned to kill Karen, it meant a jury would not have to pass judgement on the string of lies he told police after killing her.

Ristevski's callous behaviour after his wife disappeared also did not count against him. He did not join the search when she was still considered a missing person.

He also suspected, correctly, that police were tapping his phone conversations and arranged for new SIM cards, telling a relative "they're listening".

Borce Ristevski and his daughter Sarah. Credit:Penny Stephens

Even after his wife's body was found in February 2017, Ristevski held firm against any ensuing pressure to confess. The most bald-faced deception was acting as a pallbearer at her funeral despite knowing that it was he who had put her in the coffin.

Since the earliest days of Karen's disappearance until his sentencing, Ristevski took legal advice from the law firm Stary Norton Halphen. The two partners in the firm, Rob Stary and Sam Norton, were at his court hearings.

Somehow, even after admitting that he killed Karen, he maintained his relationship with his daughter Sarah, who wrote a positive character reference for him, which helped mitigate his prison term.

The most merciless tactic was Ristevski's absolute refusal to say how or why he killed Karen. The unanswered questions about Karen's death continue to affect her family.

But for Ristevski, it worked. In sentencing him, Justice Christopher Beale said that not knowing the level and duration of the violence perpetrated by Ristevski meant his crime could not be viewed among the most serious cases of manslaughter.

While many observers thought Ristevski's silence should have counted against him, Justice Beale said: "I do not regard your silence as to how you killed your wife as providing a sufficiently firm basis for drawing the inference that yours must have been an upper range example."

So instead of facing about 20 years in jail for murder, Ristevski will potentially be out in less than six years for manslaughter.

Tom Cowie is a journalist at The Age covering general news.

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Calculated moves? Borce Ristevski's steps after he killed Karen

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A closer look at the evidence reveals Ristevski may have been much more calculating than a husband acting on the spur of the moment. Ristevski's first move after killing Karen was the most crucial: what to do with the body.

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Karen Ristevski's murder (Part 2) | A Current Affair Australia 2018

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Karen Ristevski's murder (Part 1) | A Current Affair Australia 2018

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Offenders are commonly sentenced for multiple charges at the same court hearing. This can be because:

multiple charges arise from multiple offences - for example, a series of breaking and entering offences might result in multiple charges of burglary and aggravated burglary

multiple charges arise from a single incident - for example, a bank robbery might result in charges of armed robbery, possession of an unlicensed firearm, making threats to kill, and dangerous driving.

The principal sentence in a case with multiple charges is the most severe sentence imposed for a charge within the case. The court will order individual sentences imposed for any other charges in the case to be served concurrently, cumulatively, or partially cumulatively and partially concurrently with the principal sentence.

When the principal sentence is added to the cumulative portion of any other sentence, the court will decide the total effective sentence (TES) to be served by the offender.

Once a total effective sentence is set, the court may consider setting a minimum non-parole period.

Concurrent Sentences

Concurrent sentences are served at the same time. For example, if a person is sentenced to nine months' imprisonment for the most serious charge and six months' imprisonment for a second charge to be served concurrently, a total of nine months will be served:

Charge 1 = 9 months
Charge 2 = 6 months to be served concurrently
Total effective sentence = 9 months

Cumulative Sentences

Cumulative sentences are served one after another. For example, if a person is sentenced to nine months' imprisonment for the most serious charge and six months' imprisonment for a second charge to be served cumulatively, a total of 15 months will be served:

Charge 1 = 9 months
Charge 2 = 6 months to be served cumulatively
Total effective sentence = 15 months

Partial Cumulation

When a court orders partial cumulation, part of one sentence will be served at the same time as the principal sentence and part will be served after the term of the principal sentence has ended.

For example, if a person is sentenced to nine months' imprisonment for the most serious charge and six months' imprisonment for a second charge with two months' partial cumulation, a total of 11 months will be served:

Charge 1 = 9 months
Charge 2 = 6 months (4 months concurrent, 2 months cumulative)
Total effective sentence = 11 months

Why Concurrency and Cumulation?

When sentencing an offender for more than one offence, the court must ensure that the sentence handed down is just and appropriate given the overall criminality of the offending behaviour. This is called the totality principle.

Without concurrency, offenders might face sentences that are disproportionate to the offending behaviour. Disproportionate sentences can have a crushing effect on offenders, by destroying any expectation of a useful life upon release.

How Does the Court Decide on Concurrency and Cumulation?

The Sentencing Act 1991 creates a series of presumptions about whether particular sentences are to be served concurrently or cumulatively. The Act provides that sentences of imprisonment are generally to be served concurrently, unless, for example, the offender is classified as a 'serious offender' or the offence is committed while the offender is on parole or bail.

Generally, a court will order multiple sentences arising from the one incident to be served concurrently, for example when various charges arise from a single bank robbery.

A court will generally order sentences arising from separate incidents, or involving multiple victims, to be served partially or wholly cumulatively. Cumulation reflects the increased criminality associated with multiple offences or victims.

These sentencing practices are not absolute. In all cases, the court must weigh up the total effective sentence with the overall criminality of the offending behaviour in order to determine a fair outcome.

The information on this page (except all logos and any third-party content linked to from this page) is licensed under a Creative Commons Attribution 4.0 International License.

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Concurrency and Cumulation in Sentencing

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Offenders are commonly sentenced for multiple charges at the same court hearing. This can be because: multiple charges arise from multiple offences - for example, a series of breaking and entering offences might result in multiple charges of burglary and aggravated burglary multiple charges arise from a single incident - for example, a bank robbery might result in charges of armed robbery, possession of an unlicensed firearm, making threats to kill, and dangerous driving.

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Inside the mind of an arsonist - Australian Story

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Inside the mind of an arsonist - Australian Story

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Inside the mind of an arsonist: What motivates someone to start bushfires? | Australian Story

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Search Results | Careers | Corrections Jobs

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Search Results | Careers | Corrections Jobs

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Learn about the case manager roles available within Community Correctional Services

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The work of prison officers helps make the community safer for everyone.
Prison officers are role models
Prison officers establish respectful working relationships with prisoners and consistently role model pro-social behaviours:

positive and constructive conversations

self-respect and respect for others

integrity and honesty.

Prison officers are case managers
Prison officers are trained in case management so they can be effective providers of rehabilitation support to prisoners. Case management involves:

encouraging prisoners to actively participate in the prison community

helping prisoners to set constructive goals and take steps towards them

supporting prisoners with positive decision making.

As case managers, prison officers provide prisoners with access to resources that will set them up for a better future. For example:

They enable participation in work, learning and programs.

They help prisoners re-establish themselves in the community, by connecting them with family, community groups and agencies.

Prison officers keep everyone safe and secure
Prison officers keep each other, prisoners and the facility safe and secure. They do this by building professional relationships with prisoners, and undertaking the following activities:

Respond when there is a risk to the safety of people or the facility.

Tune in to the mindset and actions of prisoners.

Complete cell searches, pat-downs, drug and alcohol testing.

De-escalate situations when necessary.

Prison officers act with integrity
Prison officers maintain high levels of integrity in all their conversations and actions. To be effective they are:

Respectful of prisoners as individuals each with their own personal background.

Highly aware of what's going on and can make well considered decisions quickly.

Fair, transparent, and consistent in all their interactions.

Active listeners who can adapt their conversational approach to each prisoner individually.

Comfortable standing their ground when challenging negative behaviours and reinforcing positive ones.

Patient, non-judgemental and able to exercise empathy (but not sympathy), and establishing boundaries to develop effective working relationships.

Who makes a good prison officer?
Prison officers who enjoy their work most:

Are motivated by the opportunity to serve the community.

Have a real enthusiasm for seeing people succeed.

Are naturally patient, positive and empathetic.

Are team players who consistently work to the best of their ability.

Prison officers come from a wide range of backgrounds
All life experiences are highly valued in the prison officer role. Every person has the potential to make a good prison officer, particularly those with:

Life experience such as travel, education, volunteering, parenting and working.

Customer service experience.

Experience as a teacher, leader, coach or mentor.

Team player with experience working as part of a group.

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Opportunities to become a prison officer with Corrections Victoria.

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Recruiting for the future

The Department of Justice and Regulation (the department) Professional Services Graduate Program aims to recruit and retain well rounded graduates who are seeking opportunities and careers within a highly regarded and respected department.

Over the 12-month program, you will work on a range of public issues, develop your career within an inclusive and supportive environment and make a positive impact on the wider community.

Upon successful completion of the program, graduates are able to secure ongoing positions within their 'home' unit.

The department also runs the Aboriginal and Torres Strait Islander (Koori) Graduate Scheme. It mirrors the Professional Services Graduate Program but offers grads access to additional networking opportunities and peer support through the department's Koori Staff Network (KSN). Please click here to learn (External link) a little more about the scheme.

What makes this grad program great?

Our grads work on projects that make a real difference in our community. You will witness the positive impact of your efforts - that's an everyday experience when you're developing reports that inform criminal justice strategy, contributing to policies that help shape our state's future, and supporting the wider department in its commitment to improving the lives of Victorians. You can be confident your work will help make Victoria a safer and more equitable place to live.

Variety

You will work across three business units during your graduate year with the department. Rotations last for four months, giving you enough time to sink your teeth into the work and see some positive results, while still exposing you to a broad cross-section of the department's responsibilities.

Support

Buddies
On your first day at head office, you'll be paired up with a 'buddy', who is familiar with the grad program (they may even have been a grad with the department themselves). You'll have informal catch ups with them regularly. They're here to guide you through a successful year by answering any questions you have about the department and supporting you in any tasks you're finding tough.

Mentors
You will also be assigned a mentor, likely to be a manager but not your personal manager. Mentors are great for discussing your bigger ambitions. They can share their experience in the department, helping you plot out your career pathway and ensuring you have the resilience and the right attitude to flourish.

Other grads
This is the source of support you may come to value more than any other. You will start the program with your cohort (likely 10-14 grads) and finish it together. You'll share inductions, lunches and training sessions, and you'll discuss your experiences and help each other out. These people will be the bedrock of your network in the public service and, even more importantly, will likely become friends you trust and value.

Education

You already know it - learning doesn't stop when you're handed your degree. If you've got an open mind, education continues through every day of your life. With that in mind, the department has designed a comprehensive learning and development plan to jump-start your career. From improving your writing, cultural awareness and presentation schools to walking you through a day in the life of a deputy secretary, you will finish the year knowing what the department is all about and how you can contribute to making it even better.
In addition to these great features, our employees also enjoy benefits such as:
Who are you looking for?

Not only are we looking for candidates with the right mix of skills, experience and qualifications, we also want to find people who are committed to upholding the department's values and behaviours. If you would like to serve the community, act with integrity, respect other people and make it happen, then we want to hear from you.

Our graduates:

are resourceful and able to prioritise

have excellent communication and rapport-building skills

are flexible, resilient and open to change, new ideas or approaches

are team-focused, committed, and demonstrate high standards of personal integrity

Am I eligible?
To be eligible for the 2020 Professional Services Graduate Program you must:

be an Australian citizen, permanent resident of Australia or a New Zealand citizen with a valid passport

have recently completed (within the past three years) or be in the final year of a minimum three-year undergraduate degree (Bachelor or equivalent, or post-graduate studies) at an Australian tertiary institution. Degrees across any discipline are eligible to apply.

At the Department of Justice and Regulation, our goal is for our workforce to reflect the diverse community we serve. We continually seek to employ people of any gender, age, religion, sexual orientation and cultural background as well as those with a disability.

Where to from here?

So you're still interested in joining the Department of Justice and Regulation's grad program? Great! Have a read over the stages below to get an idea of what will be involved in bringing you to Justice. Please note that the progression to each new stage is dependent upon you passing the prior stage.

The application process
Stage 1: Complete the application form

Upload your resume and submit responses to the questions listed.
Stage 2: Video interview
The video interview gives you a great opportunity to share a little bit more about yourself. Once you log onto the link you're provided with, you'll be asked a few questions and will need to record your responses. You can do this anywhere you feel comfortable.
Stage 3: Assessment centre
The assessment centre involves a series of activities designed to determine whether your skills, experiences and personal qualities match our graduate selection criteria. To ensure that government social distancing measures are adhered to, candidates will be required to attend an online behavioural interview and complete a work sample activity remotely. A work sample simulates a typical task that you may encounter in the job.
Stage 4: Psychometric assessments
These assessments include an aptitude test (verbal, numerical and logical reasoning) and a workplace preferences test. You can complete these assessments at home or anywhere you have online access.

Stage 5: Pre-employment checks
At this point, we'll speak to your personal and professional referees. We will also conduct national criminal checks - so make sure that you declare any incidents from your past.

Stage 6: Job offer
We'll call you to make an offer. If you accept, you will receive a letter of offer and then commence work in 2019.

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The Department of Justice and Regulation (the department) Professional Services Graduate Program aims to recruit and retain well rounded graduates who are seeking opportunities and careers within a highly regarded and respected department. Over the 12-month program, you will work on a range of public issues, develop your career within an inclusive and supportive environment and make a positive impact on the wider community.

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The purpose of this assignment is to show common elements of the Harvard style of referencing in Dundalk Institute of Technology. It is not intended to be an example of good quality academic writing, and indeed may not make sense in general, but it should show you how citations and a reference list are formed in the Harvard style of referencing (Dooley 2012). If you include a "direct quotation from a book you have read" (Byrne 2014, p.25) you should include the relevant page number.

You don't always have to write the author and year in brackets. Drury (2013) states that if the author's name occurs naturally in the text then the year follows it in brackets. If there are two authors you should include both of them in the citation (Rucki and Rice 2012). If there are three or more authors you don't have to list all of the names in the citation but you should include them all in the reference list (Torrington et al. 2014). The reference list should appear at the end of your assignment and be in alphabetical order based on the first author's surname (Theaker 2012) rather than the order in which they appear in your assignment (Browne 2011). If you are using a citation for a second time you do not need to include it twice in the reference list (Drury 2013).

Referencing an academic journal that you find online requires more information in the reference list but is the same as referencing a book in-text (Wirth 2018). If citing a source from a library database you say from which database you found it (Parker et al. 2019).

Don't forget that websites need to be cited too (Dundalk Institute of Technology 2015). We recommend you look at the full version of DkIT's Harvard referencing guidelines, and contact the Library if you have any questions. Good luck.
Reference list
Browne, K. (2011). An introduction to sociology [online]. Cambridge: Polity. Available from: https://books.google.ie/books?isbn=0745650082 [accessed 22 October 2018].

Byrne, D. (2012). How music works. Edinburgh: Canongate.

Dooley, D. (2012). Nursing ethics: Irish cases and concerns. 2nd ed. Dublin: Gill & Macmillan.

Drury, C. (2013). Management accounting for business. 5th ed. Andover: Cengage Learning.

Dundalk Institute of Technology. (2015). Graduate research [online]. Available from: http://www.dkit.ie/research/graduate-research [accessed 24 February 2016].

Parker, L., Halter, V., Karliychuk, T. and Grundy Q. (2019). How private is your mental health app data? An empirical study of mental health app privacy policies and practices. International Journal of Law and Psychiatry [online], 64, pp.198-204. Available from: Science Direct [accessed 8 July 2019].

Rucki, J.D. and Rice, T. (2012). The individual in musical ethnography. Ethnomusicology, 56(2), pp.299-327.

Theaker, A., ed. (2012). The public relations handbook. Abingdon: Routledge.

Torrington, D., Hall, L., Taylor, S. and Atkinson, C. (2014). Human resource management. 9th ed. Harlow: Pearson.

Wirth, N. (2018) Hello marketing, what can artificial intelligence help you with? International Journal of Market Research [online], 60(5), pp.435-438. Available from: https://doi.org/10.1177/1470785318776841 [accessed 2 July 2019].

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LibGuides: Harvard referencing quick guide: Sample assignment

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The purpose of this assignment is to show common elements of the Harvard style of referencing in Dundalk Institute of Technology. It is not intended to be an example of good quality academic writing, and indeed may not make sense in general, but it should show you how citations and a reference list are formed in the Harvard style of referencing (Dooley 2012).

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Harvard Sample Example:

As in many countries, consumers in Australia have recently had to accommodate increases in the costs of basic food (Webb & Leeder 2007). During the financial year 2007-2008, overall food prices rose 5.9% (Australian Bureau of Statistics [ABS] 2008a), while some basic food prices rose sharply compared with the same period in previous years: cheese by 14.2%, milk by 12.1%, poultry by 11.0% and bread by 6.8% (ABS 2008b, p. 3). Food cost "plays a significant role in mediating food choice among low socio-economic status (SES) groups" (Harrison et al., as cited in Henderson & Foley 2010). People in low income demographics often have to reduce food spending to allow for other essentials such as housing and utilities (Douglas 2006), leading to decreased food security. The literature on food access indicates that people from low income backgrounds experience higher rates of food insecurity and obesity, and studies have found that affordability is a primary reason given for not choosing healthy foods (Banerjee 2007; Innes-Hughes et al. 2011). Thus, the assessment of food cost and affordability are essential steps in better understanding individual and community food choices.

Food costs entered the political limelight prior to the Australian 2007 federal election, with voters demanding government action to reduce prices. To honour pre-election promises, the newly elected Labor government initiated a national inquiry into grocery pricing soon after taking office (Australian Competition and Consumer Commission [ACCC] 2008). However, following the release of the grocery pricing inquiry and the consequent launch of the government website to monitor prices, critics considered there would be minimal, if any, impact on prices (Irvine 2008). This is partly because of international trends, with Australia not immune to global factors attributed to raising the costs of basic foods (Queensland Health 2001), and partly because the inquiry outcomes did nothing to address food costs.

To be food secure means to have regular access to safe, nutritionally adequate, culturally acceptable food from non-emergency sources (Kirk 2002). Food insecurity, then, describes a limited or uncertain ability to acquire appropriate foods in socially acceptable ways (Bowden & Fairley 2006). This is not merely a lack of food, but occurs when people fear running out of food, or are forced to make significant changes to their usual eating patterns due to economic constraints. The diets of those who are food insecure are likely to lack variety and be of poor quality with lower levels of micronutrients.

The Australian Guide to Healthy Eating shows the range of food groups recommended for a healthy adult (Petschel 2013). There is some evidence to demonstrate that populations living in rural areas of Australia have to pay more for healthy food than their metropolitan ('metro') counterparts. The Healthy Food Basket (HFB) survey conducted in Queensland demonstrated higher food costs in rural and remote parts of the state (Queensland Health 2001). In South Australia a study conducted by Douglas (2006, p. 16) demonstrated that "food costs were higher in remote areas of that state". However, Bowden and Fairley (2006) in a survey of 42 rural towns in Victoria could find no difference in the cost of a HFB according to rurality, nor did the mean cost of the rural Victorian HFB differ significantly from a basket priced in state capital Melbourne.

Some of the above are excerpts from:

Ward, PR, Coveney, J, Verity, F, Carter, P & Schilling, M 2012, 'Cost and affordability of healthy food in rural South Australia', Rural and Remote Health, vol. 12, no. 2, pp. 1938-1948.
References
Australian Bureau of Statistics 2008a, Consumer price index Australia: March quarter 2008, http://www.ausstats.abs.gov.au/Ausstats/subscriber.nsf
/0/49DCDFA75F9A633DCA25743300189391/$File/64010_mar%202008.pdf

Australian Bureau of Statistics 2008b, Consumer price index Australia: December quarter 2008, http://www.ausstats.abs.gov.au/Ausstats/subscriber.nsf
/0/E770454272374338CA25754B0014CD2C/$File/64010_dec%202008.pdf

Australian Competition and Consumer Commission 2008, Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries, https://www.accc.gov.au/system/files/Grocery%20inquiry%20report%20-%20July%202008.pdf

Banerjee, A 2007, 'Fixed mobile substitution and lessons for food pricing', paper presented to the Australian Competition and Consumer Commission 2007 Regulatory Conference, Queensland, 26 to 27 July.

Bowden, FJ & Fairley, CK (eds.) 2006, Eating patterns in the Northern Territory: Estimations of effective food use, Pearson.

Douglas, J 2006, 'Food insecurity in northern Adelaide', South Australian Council of Social Service News, vol. 15, no. 2, pp. 15-30.

Henderson, J & Foley, W 2010, 'Brace yourselves: Reporting of rising food costs in the Australian print media', Australian Journal of Social Issues, vol. 45, no. 4, pp. 477-492.

Innes-Hughes, C, Hardy, LL, Venugopal, K, King, LA, Wolfenden, L & Rangan, A 2011, 'Children's consumption of energy-dense nutrient-poor foods, fruit and vegetables: Are they related', Health Promotion Journal of Australia , vol. 22, no. 3, pp. 210-216.

Irvine, J 2008, 'Rudd price check: He's powerless', Sydney Morning Herald, 6 August,
http://www.smh.com.au/news/national/rudd-powerless/2008/08/05/1217702042501.html

Kirk, J 2002, Theorising food security, PhD thesis, University of Technology Sydney.

Petschel, K 2013, 'The Australian guide to healthy eating: What you need to know', Australian Coeliac, vol. 6, no. 2, pp. 21-31.

Queensland Health 2001, The 2000 healthy food access basket (HFAB) survey: Full report, https://www.health.qld.gov.au/ph/documents/hpu/9137.pdf

Webb, K & Leeder, SR 2007, 'New Year's resolution: Let's get rid of excessive food prices in remote Australia', Medical Journal of Australia, vol. 186, no. 1, pp. 7-8.

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Harvard Sample Example: As in many countries, consumers in Australia have recently had to accommodate increases in the costs of basic food (Webb & Leeder 2007). During the financial year 2007-2008, overall food prices rose 5.9% (Australian Bureau of Statistics [ABS] 2008a), while some basic food prices rose sharply compared with the same period in previous years: cheese by 14.2%, milk by 12.1%, poultry by 11.0% and bread by 6.8% (ABS 2008b, p.

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In this chapter you are going to learn more about compiling references and citations. You will also learn strategies for handling some of the more challenging aspects of writing a research paper, such as integrating material from your sources, citing information correctly, and avoiding any misuse of your sources. The first section of this chapter will introduce you to broad concepts associated with adding support to your ideas and providing documentation-citations and references-when you use sources in your papers.
Using Primary and Secondary Research
As you write your draft, be mindful of how you are using primary and secondary source material to support your points. Recall that primary sources present firsthand information. Secondary sources are one step removed from primary sources. They present a writer's analysis or interpretation of primary source materials. How you balance primary and secondary source material in your paper will depend on the topic and assignment.
Using Primary Sources Effectively
Some types of research papers must use primary sources extensively to achieve their purpose. Any paper that analyzes a primary text or presents the writer's own experimental research falls in this category. Here are a few examples:

A paper for a literature course analyzing several poems by Emily Dickinson

A paper for a political science course comparing televised speeches delivered by two candidates for prime minister

A paper for a communications course discussing gender bias in television commercials

A paper for a business administration course that discusses the results of a survey the writer conducted with local businesses to gather information about their work from home and flextime policies

A paper for an elementary education course that discusses the results of an experiment the writer conducted to compare the effectiveness of two different methods of mathematics instruction

For these types of papers, primary research is the main focus. If you are writing about a work (including non-print works, such as a movie or a painting), it is crucial to gather information and ideas from the original work, rather than rely solely on others' interpretations. And, of course, if you take the time to design and conduct your own field research, such as a survey, a series of interviews, or an experiment, you will want to discuss it in detail. For example, the interviews may provide interesting responses that you want to share with your reader.
Using Secondary Sources Effectively
For some assignments, it makes sense to rely more on secondary sources than primary sources. If you are not analyzing a text or conducting your own field research, you will need to use secondary sources extensively.

As much as possible, use secondary sources that are closely linked to primary research, such as a journal article presenting the results of the authors' scientific study or a book that cites interviews and case studies. These sources are more reliable and add more value to your paper than sources that are further removed from primary research. For instance, a popular magazine article on junk food addiction might be several steps removed from the original scientific study on which it is loosely based. As a result, the article may distort, sensationalize, or misinterpret the scientists' findings.

Even if your paper is largely based on primary sources, you may use secondary sources to develop your ideas. For instance, an analysis of Alfred Hitchcock's films would focus on the films themselves as a primary source, but might also cite commentary from critics. A paper that presents an original experiment would include some discussion of similar prior research in the field.

Jorge, who is preparing his essay on low-carbohydrate diets, knew he did not have the time, resources, or experience needed to conduct original experimental research for his paper. Because he was relying on secondary sources to support his ideas, he made a point of citing sources that were not far removed from primary research.
Tip
Some sources could be considered primary or secondary sources, depending on the writer's purpose for using them. For instance, if a writer's purpose is to inform readers about how the American No Child Left Behind legislation has affected elementary education in the United States, a Time magazine article on the subject would be a secondary source. However, suppose the writer's purpose is to analyze how the news media has portrayed the effects of the No Child Left Behind legislation. In that case, articles about the legislation in news magazines like Time, Newsweek, and US News & World Report would be primary sources. They provide firsthand examples of the media coverage the writer is analyzing.
Avoiding Plagiarism
Your research paper presents your thinking about a topic, supported and developed by other people's ideas and information. It is crucial to always distinguish between the two-as you conduct research, as you plan your paper, and as you write. Failure to do so can lead to plagiarism.
Intentional and Accidental Plagiarism
Plagiarism is the act of misrepresenting someone else's work as your own. Sometimes a writer plagiarizes work on purpose-for instance, by copying and pasting or purchasing an essay from a website and submitting it as original course work. This often happens because the person has not managed his or her time and has left the paper to the last minute or has struggled with the writing process or the topic. Any of these can lead to desperation and cause the writer to just take someone else's ideas and take credit for them.

In other cases, a writer may commit accidental plagiarism due to carelessness, haste, or misunderstanding. For instance, a writer may be unable to provide a complete, accurate citation because of neglecting to record bibliographical information. A writer may cut and paste a passage from a website into her paper and later forget where the material came from. A writer who procrastinates may rush through a draft, which easily leads to sloppy paraphrasing and inaccurate quotations. Any of these actions can create the appearance of plagiarism and lead to negative consequences.

Carefully organizing your time and notes is the best guard against these forms of plagiarism. Maintain a detailed working reference list and thorough notes throughout the research process. Check original sources again to clear up any uncertainties. Allow plenty of time for writing your draft so there is no temptation to cut corners.

To avoid unintentional/accidental plagiarism, follow these guidelines:

Understand what types of information must be cited.

Understand what constitutes fair dealing of a source.

Keep source materials and notes carefully organized.

Follow guidelines for summarizing, paraphrasing, and quoting sources.

Academic Integrity
The concepts and strategies discussed in this section connect to a larger issue-academic integrity. You maintain your integrity as a member of an academic community by representing your work and others' work honestly and by using other people's work only in legitimately accepted ways. It is a point of honour taken seriously in every academic discipline and career field.

Academic integrity violations have serious educational and professional consequences. Even when cheating and plagiarism go undetected, they still result in a student's failure to learn necessary research and writing skills. Students who are found guilty of academic integrity violations face consequences ranging from a failing grade to expulsion. Employees may be fired for plagiarism and do irreparable damage to their professional reputation. In short, it is never worth the risk.

9.2 Documenting Source Material

You will cite sources within the body of your paper and at the end of the paper in your references section. For this assignment, you will use the citation format used by the American Psychological Association (also known as APA style). Within this course and for all of your courses at JIBC, you will need to follow the JIBC APA Reference Guide when formatting citations and references within your papers.

This section covers the nitty-gritty details of in-text citations. You will learn how to format citations for different types of source materials, whether you are citing brief quotations, paraphrasing ideas, or quoting longer passages. You will also learn techniques you can use to introduce quoted and paraphrased material effectively. Keep this section handy as a reference to consult while writing the body of your paper.
Formatting Cited Material: The Basics
In-text citations usually provide the name of the author(s) and the year the source was published. For direct quotations, the page number must also be included. Use past tense verbs when introducing a quote: for example, "Smith found...," not "Smith finds...."
Citing Sources in the Body of Your Paper
In-text citations document your sources within the body of your paper. These include two vital pieces of information: the author's name and the year the source material was published. When quoting a print source, also include in the citation the page number where the quoted material originally appears. The page number follows the year in the in-text citation. Page numbers are necessary only when content has been directly quoted, not when it has been summarized or paraphrased.
Using Source Material in Your Paper
One of the challenges of writing a research paper is successfully integrating your ideas with material from your sources. Your paper must explain what you think, or it will read like a disconnected string of facts and quotations. However, you also need to support your ideas with research, or they will seem insubstantial. How do you strike the right balance?

In your essay, the introduction and conclusion function like the frame around a picture. They define and limit your topic and place your research in context. In the body paragraphs of your paper, you need to integrate ideas carefully at the paragraph level and at the sentence level. You will use topic sentences in your paragraphs to make sure readers understand the significance of any facts, details, or quotations you cite. You will also include sentences that transition between ideas from your research, either within a paragraph or between paragraphs. At the sentence level, you will need to think carefully about how you introduce paraphrased and quoted material.

Earlier you learned about summarizing, paraphrasing, and quoting when taking notes. In the next few sections, you will learn how to use these techniques in the body of your paper to weave in source material to support your ideas.
Summarizing Sources
Look back at Section 3.2: Summarizing to refresh your memory of how Jorge summarized the article. As was mentioned there, when you are summarizing, you are focusing on identifying and sharing the main elements of a source. This is when you paraphrase the concepts and put them in your own words, demonstrating you have a firm understanding of the concepts presented and are able to incorporate them into your own paper.

Within a paragraph, this information may appear as part of your introduction to the material or as a parenthetical citation at the end of a sentence. Read the examples that follow.
Summary
Leibowitz (2008) found that low-carbohydrate diets often helped subjects with Type II diabetes maintain a healthy weight and control blood sugar levels.

The introduction to the source material (the attributive tag) includes the author's name followed by the year of publication in parentheses.
Summary
Low-carbohydrate diets often help subjects with Type II diabetes maintain a healthy weight and control blood sugar levels (Leibowitz, 2008).

The parenthetical citation at the end of the sentence includes the author's name, a comma, and the year the source was published. The period at the end of the sentence comes after the parentheses.
Formatting Paraphrased and Summarized Material
When you paraphrase or summarize ideas from a source, you follow the same guidelines previously provided, except that you are not required to provide the page number where the ideas are located. If you are summing up the main findings of a research article, simply providing the author's name and publication year may suffice, but if you are paraphrasing a more specific idea, consider including the page number.

Read the following examples.

Chang (2008) pointed out that weight-bearing exercise has many potential benefits for women.

Here, the writer is summarizing a major idea that recurs throughout the source material. No page reference is needed.

Chang (2008) found that weight-bearing exercise could help women maintain or even increase bone density through middle age and beyond, reducing the likelihood that they will develop osteoporosis in later life (p. 86).

Although the writer is not directly quoting the source, this passage paraphrases a specific detail, so the writer chose to include the page number where the information is located.
Introducing Cited Material Effectively
Including an introductory phrase in your text, such as "Jackson wrote" or "Copeland found," often helps you integrate source material smoothly. This citation technique also helps convey that you are actively engaged with your source material. Unfortunately, during the process of writing your research paper, it is easy to fall into a rut and use the same few dull verbs repeatedly, such as "Jones said," "Smith stated," and so on.

Punch up your writing by using strong verbs that help your reader understand how the source material presents ideas. There is a world of difference between an author who "suggests" and one who "claims," one who "questions" and one who "criticizes." You do not need to consult your thesaurus every time you cite a source, but do think about which verbs will accurately represent the ideas and make your writing more engaging. T able 9.1 Strong Verbs for Introducing Cited Material shows some possibilities.

Table 9.1 Strong Verbs for Introducing Cited Material
When to Cite
Any idea or fact taken from an outside source must be cited, in both the body of your paper and the reference s. The only exceptions are facts or general statements that are common knowledge. Common knowledge facts or general statements are commonly supported by and found in multiple sources. For example, a writer would not need to cite the statement that most breads, pastas, and cereals are high in carbohydrates; this is well known and well documented. However, if a writer explained in detail the differences among the chemical structures of carbohydrates, proteins, and fats, a citation would be necessary. When in doubt, cite!

In recent years, issues related to the fair use of sources have been prevalent in popular culture. Recording artists, for example, may disagree about the extent to which one has the right to sample another's music. For academic purposes, however, the guidelines for fair dealing are reasonably straightforward.

Writers may quote from or paraphrase material from previously published works without formally obtaining the copyright holder's permission. Fair dealing in copyright law allows a writer to legitimately use brief excerpts from source material to support and develop his or her own ideas. For instance, a columnist may excerpt a few sentences from a novel when writing a book review. However, quoting or paraphrasing another's work excessively, to the extent that large sections of the writing are unoriginal, is not fair dealing.

As he worked on his draft, Jorge was careful to cite his sources correctly and not to rely excessively on any one source. Occasionally, however, he caught himself quoting a source at great length. In those instances, he highlighted the paragraph in question so that he could go back to it later and revise. Read the example, along with Jorge's revision.
Summary
Heinz (2009) found that "subjects in the low-carbohydrate group (30% carbohydrates; 40% protein, 30% fat) had a mean weight loss of 10 kg (22 lbs) over a four-month period." These results were "noticeably better than results for subjects on a low-fat diet (45% carbohydrates, 35% protein, 20% fat)" whose average weight loss was only "7 kg (15.4 lbs) in the same period." From this, it can be concluded that "low-carbohydrate diets obtain more rapid results." Other researchers agree that "at least in the short term, patients following low-carbohydrate diets enjoy greater success" than those who follow alternative plans (Johnson & Crowe, 2010).

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Summary
Low-carbohydrate diets may indeed be superior to other diet plans for short-term weight loss. In a study comparing low-carbohydrate diets and low-fat diets, Heinz (2009) found that subjects who followed a low-carbohydrate plan (30% of total calories) for four months lost, on average, about 3 kilograms more than subjects who followed a low-fat diet for the same time. Heinz concluded that these plans yield quick results, an idea supported by a similar study conducted by Johnson and Crowe (2010). What remains to be seen, however, is whether this initial success can be sustained for longer periods.

As Jorge revised the paragraph, he realized he did not need to quote these sources directly. Instead, he paraphrased their most important findings. He also made sure to include a topic sentence stating the main idea of the paragraph and a concluding sentence that transitioned to the next major topic in his essay.
Tip
It is extremely important to remember that even though you are summarizing and paraphrasing from another source-not quoting-you must still include a citation, including the last name(s) of the author(s) and the year of publication.
Example
Additionally, marijuana burning creates toxins; this strategy is counterproductive, and there are numerous individual hazards associated with using the plant as medicine (Ogborne, Smart, & Adlaf, 2000).

Example taken from:

Writing Commons. (2014, September). Open Text.Retrieved from http://writingcommons.org/format/apa/675-block-quotations-apa
Writing at Work
It is important to accurately represent a colleague's ideas or communications in the workplace. When writing professional or academic papers, be mindful of how the words you use to describe someone's tone or ideas carry certain connotations. Do not say a source "argues" a particular point unless an argument is, in fact, presented. Use lively language, but avoid language that is emotionally charged. Doing so will ensure you have represented your colleague's words in an authentic and accurate way.

9.3 Making Your Quotes Fit

Learning Objectives

Apply guidelines for citing sources within the body of the paper

Evaluating when to use a short or long quote

Incorporate short quotes with correct APA formatting

Incorporate long quotations with correct APA formatting

So, now you may have decided after much critical thought, that you definitely have found the most amazing, well-suited quote that cannot be paraphrased, and you want to incorporate that quote into your paper. There are different ways to do this depending on how long the quote is; there are also a number of formatting requirements you need to apply.
Quoting Sources Directly
Most of the time, you will summarize or paraphrase source material instead of quoting directly. Doing so shows that you understand your research well enough to write about it confidently in your own words. However, direct quotes can be powerful when used sparingly and with purpose.

Quoting directly can sometimes help you make a point in a colourful way. If an author's words are especially vivid, memorable, or well phrased, quoting them may help hold your reader's interest. Direct quotations from an interviewee or an eyewitness may help you personalize an issue for readers. Also, when you analyze primary sources, such as a historical speech or a work of literature, quoting extensively is often necessary to illustrate your points. These are valid reasons to use quotations.

Less-experienced writers, however, sometimes overuse direct quotations in a research paper because it seems easier than paraphrasing. At best, this reduces the effectiveness of the quotations. At worst, it results in a paper that seems haphazardly pasted together from outside sources. Use quotations sparingly for greater impact.

When you do choose to quote directly from a source, follow these guidelines:

Only use a quote when the original writer has phrased a statement so perfectly that you do not believe you could rephrase it any better without getting away from the writer's point.

Make sure you have transcribed the original statement accurately.

Represent the author's ideas honestly. Quote enough of the original text to reflect the author's point accurately.

Use an attributive tag (e.g., "According to Marshall (2013)....") to lead into the quote and provide a citation at the same time.

Never use a standalone quotation. Always integrate the quoted material into your own sentence.

Make sure any omissions or changed words do not alter the meaning of the original text. Omit or replace words only when absolutely necessary to shorten the text or to make it grammatically correct within your sentence.

Use ellipses (3) [...] if you need to omit a word or phrase; use (4) [....] when you are removing a section-maybe a complete sentence-that would end in a period. This shows your reader that you have critically and thoroughly examined the contents of this quote and have chosen only the most important and relevant information.

Use brackets [ ] if you need to replace a word or phrase or if you need to change the verb tense.

Use [ sic] after something in the quote that is grammatically incorrect or spelled incorrectly. This shows your reader that the mistake is in the original, not your writing.

Use double quotation marks [" "] when quoting and use single quotation marks [' '] when you include a quote within a quote (i.e., if you quote a passage that already includes a quote, you need to change the double quotation marks in the original to single marks, and add double quotations marks around your entire quote).

Remember to include correctly formatted citations that follow the JIBC APA Reference Guide.

Jorge interviewed a dietitian as part of his research, and he decided to quote her words in his paper. Read an excerpt from the interview and Jorge's use of it, which follows.
Source
Personally, I don't really buy into all of the hype about low-carbohydrate miracle diets like Atkins and so on. Sure, for some people, they are great, but for most, any sensible eating and exercise plan would work just as well.
Summary
Registered dietitian Dana Kwon (2010) admits, "Personally, I don't really buy into all of the hype.... Sure, for some people, [low carbohydrate diets] are great, but for most, any sensible eating and exercise plan would work just as well."

Notice how Jorge smoothly integrated the quoted material by starting the sentence with an introductory phrase. His use of an ellipsis and brackets did not change the source's meaning.

Remember, what you write in essays should be primarily your own words; your instructors want to know what your ideas are and for you to demonstrate your own critical thinking. This means you should only use the ideas of experts in the form of quotes to support your ideas. A paper that consists of mostly quotes pieced together does not demonstrate original thought but rather that you are good at cutting and pasting. Therefore, you should strive to state your ideas, develop them thoroughly, and then insert a supporting quote, and only if necessary. Focus on paraphrasing and integrating and blending those external sources into your own ideas (giving the original author credit by using a citation, of course). When deciding to use any quotation as opposed to paraphrasing, you need to make sure the quote is a statement that the original author has worded so beautifully it would be less effective if you changed it into your own words. When you find something you would like to include verbatim (word for word) from a source, you need to decide if you should include the whole paragraph or section, or a smaller part. Sometimes, you may choose to use a longer quote but remove any unnecessary words. You would then use ellipses to show what content you have removed. The following examples show how this is done.
Original
According to Marshall (2010), "Before the creation of organized governmental policing agencies, it was citizens possessing firearms who monitored and maintained the peace" (p. 712).
With Ellipses
According to Marshall (2010), "Before the creation of organized governmental policing agencies, ... citizens possessing firearms ... monitored and maintained the peace" (p. 712).
Short Quotations
A short quote can be as one word or a phrase or a complete sentence as long as three lines of text (again, removing any unnecessary words). Generally, a short quotation is one that is fewer than 40 words. Whether you use a complete sentence or only part of one, you need to make sure it blends in perfectly with your own sentence or paragraph. For example, if your paragraph is written in the present tense but the quote is in the past, you will need to change the verb, so it will fit into your writing. (You will read about on this shortly.) Using an attributive tag is another way to help incorporate your quote more fluidly. An attributive tag is a phrase that shows your reader you got the information from a source, and you are giving the author attribution or credit for his or her ideas or words. Using an attributive tag allows you to provide a citation at the same time as helping integrate the quote more smoothly into your work.
Example
According to Marshall (2010), "Before the creation of organized governmental policing agencies, it was citizens possessing firearms who monitored and maintained the peace" (p. 712).

In the example above, the attributive tag (with citation) is underlined; this statement is giving Marshall credit for his own words and ideas. You should note that this short quotation is a complete sentence taken from Marshall's bigger document, which is why the first word, Before, is capitalized. If you were to include only a portion of that sentence, perhaps excerpting from the middle of it, you would not start the quote with a capital.
Example
Marshall (2010) argues that vigilantism in the Wild West was committed by "citizens possessing firearms who monitored and maintained the peace" (p. 712).

In this example, notice how the student has only used a portion of the sentence, so did not need to include the capital.
Tip
If you do not use an attributive tag because the quote already fits smoothly into your sentence, you need to include the author's name after the sentence in parentheses with the date and page number.
Example
Vigilantism in the Wild West was committed by "citizens possessing firearms who monitored and maintained the peace" (Marshall, 2010, p. 712).

For short quotations, use quotation marks to indicate where the quoted material begins and ends, and cite the name of the author(s), the year of publication, and the page number where the quotation appears in your source. Remember to include commas to separate elements within the parenthetical citation. Also, avoid redundancy. If you name the author(s) in your sentence, do not repeat the name(s) in your parenthetical citation. Review following the examples of different ways to cite direct quotations.

Chang (2008) emphasized that "engaging in weight-bearing exercise consistently is one of the single best things women can do to maintain good health" (p. 49).

The author's name can be included in the body of the sentence or in the parenthetical citation. Note that when a parenthetical citation appears at the end of the sentence, it comes after the closing quotation marks and before the period. The elements within parentheses are separated by commas.

Weight Training for Women (Chang, 2008) claimed that "engaging in weight-bearing exercise consistently is one of the single best things women can do to maintain good health" (p. 49).

Weight Training for Women claimed that "engaging in weight-bearing exercise consistently is one of the single best things women can do to maintain good health" (Chang, 2008, p. 49).

Including the title of a source is optional.

In Chang's 2008 text Weight Training for Women, she asserts, "Engaging in weight-bearing exercise is one of the single best things women can do to maintain good health" (p. 49).

The author's name, the date, and the title may appear in the body of the text. Include the page number in the parenthetical citation. Also, notice the use of the verb asserts to introduce the direct quotation.

"Engaging in weight-bearing exercise," Chang asserts, "is one of the single best things women can do to maintain good health" (2008, p. 49).

You may begin a sentence with the direct quotation and add the author's name and a strong verb before continuing the quotation.
Tip
Although APA style guidelines do not require writers to provide page numbers for material that is not directly quoted, your instructor may wish you to do so when possible. Check with your instructor about his or her preferences.
Long (Block) Quotations
Long quotations should be used even more sparingly than shorter ones. Long quotations can range in length from four to seven or eight lines (40 words or more, and should never be as long as a page. There are two reasons for this: First, by using a long quote, you are essentially letting the original author do all the thinking for you; remember that your audience wants to see your ideas, not someone else's. Second, unless all the information and every word in the long quote is essential and could not be paraphrased (which is highly doubtful with a long passage), you are not showing your audience you have processed or evaluated the importance of the source's critical information and weeded out the unnecessary information. If you believe you have found the perfect paragraph to support your ideas, and you decide you really want or need to use the long quote, see if you can shorten it by removing unnecessary words or complete sentences and put ellipses in their place. This will again show your reader that you have put a lot of thought into the use of the quote and that you have included it just because you did not want to do any thinking.
Tip
Be wary of quoting from sources at length. Remember, your ideas should drive the paper, and quotations should be used to support and enhance your points. Make sure any lengthy quotations that you include serve a clear purpose. Generally, no more than 10 to 15 percent of a paper should consist of quoted material.

As with short quotations, you need to make sure long quotations fit into your writing. To introduce a long quote, you need to include a stem (this can include an attributive tag) followed by a colon (:). The stem is underlined in the example below.
Example:
Marshall uses the example of towns in the Wild West to explain that:

Much of the population-especially younger males-frequently engaged in violence by participating in saloon fights and shootouts and gun fights. [However,] crimes committed by females, the elderly, or the infirm were rare occasions were much rarer because of those individuals being less likely to frequent such drinking establishments. (2010, p. 725)

In example, you can see the stem clearly introduces the quote in a grammatically correct way, leading into the quote fluidly.
Formatting Longer Quotations
When you quote a longer passage from a source-40 words or more-you need to use a different format to set off the quoted material. Instead of using quotation marks, create a block quotation by starting the quotation on a new line and indented five spaces from the margin. Note that in this case, the parenthetical citation comes after the period that ends the sentence. If the passage continues into a second paragraph, indent a full tab (five spaces) again in the first line of the second paragraph. Here is an example:

In recent years, many writers within the fitness industry have emphasized the ways in which women can benefit from weight-bearing exercise, such as weightlifting, karate, dancing, stair climbing, hiking, and jogging. Chang (2008) found that engaging in weight-bearing exercise regularly significantly reduces women's risk of developing osteoporosis. Additionally, these exercises help women maintain muscle mass and overall strength, and many common forms of weight bearing exercise, such as brisk walking or stair climbing, also provide noticeable cardiovascular benefits.

It is important to note that swimming cannot be considered a weight-bearing exercise, since the water supports and cushions the swimmer. That doesn't mean swimming isn't great exercise, but it should be considered one part of an integrated fitness program. (p. 93)
Look at the long block quotation example above. Identify four differences between how it is formatt ed and how you would format Tip a short quotation.
_________________________________________

_________________________________________

_________________________________________

_________________________________________

To format a long quote, you need to remember the following:

You may want to single space the quote, but not the main part of your essay. This will allow the long block quotation to stand out even more.

Indent on both sides of the quote; you can use left or full justification.

Do not use quotation marks; they are unnecessary because the spacing and indenting (and citation) will tell your reader this is a quote.

Do not put the quote in italics.

Include the end period (.) before the citation. See the example above.

9.4 Citation Guidelines

Learning Objectives

Apply APA guidelines for citing sources within the body of the paper for various source types

Throughout the body of your paper, you must include a citation whenever you quote or paraphrase material from your research sources. The purpose of citations is twofold: to give credit to others for their ideas and to allow your reader to follow up and learn more about the topic if desired. Your in-text citations provide basic information about your source; you will provide more detailed information for each source you cite in text in the references section. (Refer to your JIBC APA Reference Guide for guidance on compose citation-for quotes or paraphrasing-under the referencing example for each type of source.)

In-text citations must provide the name of the author or authors and the year the source was published. (When a given source does not list an individual author, you may provide the source title or the name of the organization that published the material instead.) When directly quoting a source, you must include the page number where the quote appears in the work being cited. This information may be included within the sentence or in a parenthetical reference at the end of the sentence, as in these examples.

Epstein (2010) points out that "junk food cannot be considered addictive in the same way that we think of psychoactive drugs as addictive" (p. 137).

Here, the writer names the source author when introducing the quote and provides the publication date in parentheses after the author's name. The page number appears in parentheses after the closing quotation marks and before the period that ends the sentence.

Addiction researchers caution that "junk food cannot be considered addictive in the same way that we think of psychoactive drugs as addictive" (Epstein, 2010, p. 137).

Here, the writer provides a parenthetical citation at the end of the sentence that includes the author's name, the year of publication, and the page number separated by commas. Again, the parenthetical citation is placed after the closing quotation marks and before the period at the end of the sentence.
In each of the sentences below, identify the mistakes with how the quote was incorporated. Look carefully; some of them are tricky and have more than one error.
As noted in the book Junk Food, Junk Science (Epstein, 2010, p. 137), "junk food cannot be considered addictive in the same way that we think of psychoactive drugs as addictive."

Here, the writer chose to mention the source title in the sentence (an optional piece of information to include) and followed the title with a parenthetical citation. Note that in this example the parenthetical citation is placed before the comma that signals the end of the introductory phrase.

David Epstein's book Junk Food, Junk Science (2010) pointed out that "junk food cannot be considered addictive in the same way that we think of psychoactive drugs as addictive" (p. 137).

Another variation is to introduce the author and the source title in your sentence and include the publication date and page number in parentheses within the sentence or at the end of the sentence. As long as you have included the essential information, you can use the option that works best for that particular sentence and source.

Citing a book with a single author is usually straightforward. Of course, your research may require that you cite many other types of sources, such as books or articles with more than one author or sources with no individual author listed. You may also need to cite sources available in both print and online and nonprint sources, such as websites and personal interviews.

One researcher outlines the viewpoints of both parties:

Freedom of research is undoubtedly a cherished ideal in our society. In that respect, research has an interest in being free, independent, and unrestricted. Such interests weigh against regulations. On the other hand, research should also be valid, verifiable, and unbiased, to attain the overarching goal of gaining obtaining generalisable knowledge (Simonsen, 2012, p. 46).

_________________________________________

_________________________________________

_________________________________________

2.

According to a recent research study, 'that women aged 41 and over were 5 times less likely to use condoms than were men aged 18 and younger' (2007, p. 707).

_________________________________________

_________________________________________

_________________________________________

3.

According to Emlet, the rate in which older adults have contracted HIV has grown exponentially. Currently, "approximately 20% of all HIV cases were among older adults". (Emlet, 2008).

_________________________________________

_________________________________________

_________________________________________

Examples taken from:

Writing Commons. (2014, September). Open Text. Retrieved from http://writingcommons.org/format/apa/675-block-quotations-apa

Answers

1.

The quote is not indented on either side.

[sic] is required after "obtaining"because it is a mistake in the original.

The period is placed after the citation not before.

2.

"That" should have been removed to make the quote flow with the rest of the sentence.
Print Sources
There is no attributive tag and no mention of the authors in the citation: Sormanti & Shibusawa
A Work by One Author
Single quotation marks are used instead of double quotation marks.

3.

The writer used an attributive tag with the name of the source's author, then gave the name again in the citation at the end. The second one is redundant.
Two or More Works by the Same Author
The original quote used the past tense ("were"), but the transition word "currently" requires this verb to be changed to present tense ("are") inside square brackets to make it fit.

There is an extra period before the citation. With a short quote, you put the end punctuation after the citation.

The following subsections discuss the correct format for various types of in-text citations. Read them through quickly to get a sense of what is covered, and then refer to them again as needed.
Works by Authors with the Same Last Name
This section covers books, articles, and other print sources with one or more authors.

For a print work with one author, follow the guidelines provided in the JIBC APA Reference Guide. Always include the author's name and year of publication. Include a page reference whenever you quote a source directly. (See also the guidelines presented earlier in this chapter about when to include a page reference for paraphrased material.)

Chang (2008) emphasized that "engaging in weight-bearing exercise consistently is one of the single best things women can do to maintain good health" (p. 49).

Chang (2008) pointed out that weight-bearing exercise has many potential benefits for women.
A Work by Two Authors
At times, your research may include multiple works by the same author. If the works were published in different years, a standard in-text citation will serve to distinguish them. If you are citing multiple works by the same author published in the same year, include a lowercase letter immediately after the year. Rank the sources in the order they appear in your references section. The source listed first should include an a after the year, the source listed second should include a b, and so on.

Rodriguez (2009a) criticized the nutrition supplement industry for making unsubstantiated and sometimes misleading claims about the benefits of taking supplements. Additionally, he warned that consumers frequently do not realize the potential harmful effects of some popular supplements (Rodriguez, 2009b).

The author's last name is again mentioned in the final citation despite it being used in the attributive tag. In this case, this is acceptable because this is referring to a different source written by the same person.
A Work by Three to Five Authors
If you are citing works by different authors with the same last name, include each author's initials in your citation, whether you mention them in the text or in parentheses. Do so even if the publication years are different.

J. S. Williams (2007) believes nutritional supplements can be a useful part of some diet and fitness regimens. C. D. Williams (2008), however, believes these supplements are overrated.

According to two leading researchers, the rate of childhood obesity exceeds the rate of adult obesity (K. Connelley, 2010; O. Connelley, 2010).

Studies from both A. Wright (2007) and C. A. Wright (2008) confirm the benefits of diet and exercise on weight loss.

When two authors are listed for a given work, include both authors' names each time you cite the work. If you are citing their names in parentheses, use an ampersand (&) between them. (Use the word and, however, if the names appear in your sentence.)

As Garrison and Gould (2010) pointed out, "It is never too late to quit smoking. The health risks associated with this habit begin to decrease soon after a smoker quits" (p. 101).

As doctors continue to point out, "It is never too late to quit smoking. The health risks associated with this habit begin to decrease soon after a smoker quits" (Garrison & Gould, 2010, p. 101).
A Work by Six or More Authors
If the work you are citing has three to five authors, list all the authors' names the first time you cite the source. In subsequent citations, use the first author's name followed by the abbreviation et al. ( Et al. is short for et alia, the Latin phrase for "and others.")

Henderson, Davidian, and Degler (2010) surveyed 350 smokers aged 18 to 30.
A Work Authored by an Organization
One survey, conducted among 350 smokers aged 18 to 30, included a detailed questionnaire about participants' motivations for smoking (Henderson, Davidian, & Degler, 2010).

Note that these examples follow the same ampersand conventions as sources with two authors. Again, use the ampersand only when listing authors' names in parentheses.

As Henderson et al. (2010) found, some young people, particularly young women, use smoking as a means of appetite suppression.
A Work with No Listed Author
Disturbingly, some young women use smoking as a means of appetite suppression (Henderson et al., 2010).

Note how the phrase et al. is punctuated. There is no period comes after et, but there is one with al. because it is an abbreviation for a longer Latin word. In parenthetical references, include a comma after et al. but not before. Remember this rule by mentally translating the citation to English: "Henderson and others, 2010."

If the work you are citing has six or more authors, list only the first author's name, followed by et al., in your in-text citations. The other authors' names will be listed in your references section.

Researchers have found that outreach work with young people has helped reduce tobacco use in some communities (Costello et al., 2007).

When citing a work that has no individual author but is published by an organization, use the organization's name in place of the author's name. Lengthy organization names with well-known abbreviations can be abbreviated. In your first citation, use the full name, followed by the abbreviation in square brackets. Subsequent citations may use the abbreviation only.
A Work Cited within Another Work
It is possible for a patient to have a small stroke without even realizing it (American Heart Association [AHA], 2010).

Another cause for concern is that even if patients realize that they have had a stroke and need medical attention, they may not know which nearby facilities are best equipped to treat them (AHA, 2010).
Two or More Works Cited in One Reference
If no author is listed and the source cannot be attributed to an organization, use the title in place of the author's name. You may use the full title in your sentence or use the first few words-enough to convey the key ideas-in a parenthetical reference. Follow standard conventions for using italics or quotations marks with titles:

Use italics for titles of books or reports.

Use quotation marks for titles of articles or chapters.
A Famous Text Published in Multiple Editions
"Living With Diabetes: Managing Your Health" (2009) recommends regular exercise for patients with diabetes.

Regular exercise can benefit patients with diabetes ("Living with Diabetes," 2009).

To cite a source that is referred to within another secondary source, name the first source in your sentence. Then, in parentheses, use the phrase as cited in and the name of the second source author.
An Introduction, Foreword, Preface, or Afterword
Rosenhan's study "On Being Sane in Insane Places" (as cited in Spitzer, 1975) found that psychiatrists diagnosed schizophrenia in people who claimed to be experiencing hallucinations and sought treatment-even though these patients were, in fact, imposters.
Electronic Sources
At times, you may provide more than one citation in a parenthetical reference, such as when you are discussing related works or studies with similar results. List the citations in the same order they appear in your references section, and separate the citations with a semicolon.
Online Sources without Page Numbers
Some researchers have found serious flaws in the way Rosenhan's study was conducted (Dawes, 2001; Spitzer, 1975).

Both of these researchers authored works that support the point being made in this sentence, so it makes sense to include both in the same citation.

In some cases, you may need to cite an extremely well-known work that has been repeatedly republished or translated. Many works of literature and sacred texts, as well as some classic nonfiction texts, fall into this category. For these works, the original date of publication may be unavailable. If so, include the year of publication or translation for your edition. Refer to specific parts or chapters if you need to cite a specific section. Discuss with your instructor whether he or she would like you to cite page numbers in this particular instance.

In New Introductory Lectures on Psycho Analysis, Freud explains that the "manifest content" of a dream-what literally takes place-is separate from its "latent content," or hidden meaning (trans. 1965, lecture XXIX).

In this example, the student is citing a classic work of psychology, originally written in German and later translated to English. Since the book is a collection of Freud's lectures, the student cites the lecture number rather than a page number.

To cite an introduction, foreword, preface, or afterword, cite the author of the material and the year, following the same format used for other print materials.

Whenever possible, cite electronic sources as you would print sources, using the author, the date, and where appropriate, a page number. For some types of electronic sources-for instance, many online articles-this information is easily available. Other times, however, you will need to vary the format to reflect the differences in online media.
Personal Communication
If an online source has no page numbers but you want to refer to a specific portion of the source, try to locate other information you can use to direct your reader to the information cited. Some websites number paragraphs within published articles; if so, include the paragraph number in your citation. Precede the paragraph number with the abbreviation for the word paragraph and the number of the paragraph (e.g., para. 4).

As researchers have explained, "Incorporating fresh fruits and vegetables into one's diet can be a challenge for residents of areas where there are few or no easily accessible supermarkets" (Smith & Jones, 2006, para. 4).
Writing at Work
Even if a source does not have numbered paragraphs, it is likely to have headings that organize the content. In your citation, name the section where your cited information appears, followed by a paragraph number.

The American Lung Association (2010) noted, "After smoking, radon exposure is the second most common cause of lung cancer" (What Causes Lung Cancer? section, para. 2).

This student cited the appropriate section heading within the website and then counted to find the specific paragraph where the cited information was located.

If an online source has no listed author and no date, use the source title and the abbreviation n.d. in your parenthetical reference.

It has been suggested that electromagnetic radiation from cellular telephones may pose a risk for developing certain cancers ("Cell Phones and Cancer," n.d.).

For personal communications, such as interviews, letters, and emails, cite the name of the person involved, clarify that the material is from a personal communication, and provide the specific date the communication took place. Note that while in-text citations correspond to entries in the references section, personal communications are an exception to this rule. They are cited only in the body text of your paper.

J. H. Yardley, M.D., believes that available information on the relationship between cell phone use and cancer is inconclusive (personal communication, May 1, 2009).

At work, you may sometimes share information resources with your colleagues by photocopying an interesting article or forwarding the URL of a useful website. Your goal in these situations and in formal research citations is the same: to provide enough information to help your professional peers locate and follow up on potentially useful information. Provide as much specific information as possible to achieve that goal, and consult with your supervisor or professor as to what specific style he or she may prefer.

Key Takeaways
Formatting the References Page

In APA papers, in-text citations include the name of the author(s) and the year of publication whenever possible.

Page numbers are always included when citing quotations. It is optional to include page numbers when citing paraphrased material; however, this should be done when citing a specific portion of a work.

When citing online sources, provide the same information used for print sources if it is available.

When a source does not provide information that usually appears in a citation, in-text citations should provide readers with alternative information that would help them locate the source material. This may include the title of the source, section headings and paragraph numbers for websites, and so forth.

When writing a paper, discuss with your instructor what particular standards you should follow.

What to Include in the References Section
9.5 Creating a References Page

Learning Objectives

Navigate and find examples of references in the JIBC APA Reference Guide

Compose an APA-formatted references page

The brief citations included in the body of your paper correspond to the more detailed citations provided at the end of the paper in the references section. In-text citations provide basic information-the author's name, the publication date, and the page number if necessary-while the references section provides more extensive information, which allows your reader to follow up on the sources you cited and do additional reading about the topic if desired.

In-text citations are necessary within your writing to show where you have borrowed ideas or quoted directly from another author. These are kept short because you do not want to disrupt the flow of your writing and distract the reader. While the in-text citation is very important, it is not enough to enable yourreaders to locate that source if they would like to use it for their own research.

The references section of your essay may consist of a single page for a brief research paper or may extend for many pages in professional journal articles. This section provides detailed information about how to create the references section of your paper. You will review basic formatting guidelines and learn how to format bibliographical entries for various types of sources. As you create this section of your paper, follow the guidelines provided here.

To set up your references section, use the insert page break feature of your word processing program to begin a new page. Note that the header and margins will be the same as in the body of your paper, and pagination will continue from the body of your paper. (In other words, if you set up the body of your paper correctly, the correct header and page number should appear automatically in your references section.) The references page should be double spaced and list entries in alphabetical order by the author's last name. If an entry continues for more than one line, the second line and each subsequent line are indented five spaces, or one tab space; this is called a "hanging indent."

Generally, the information to include in your references section is:

The name(s) of the author(s) or institution that wrote the source

The year of publication and, where applicable, the exact date of publication

The full title of the source

For books, the city of publication
Sample Book Entry Sample Journal Article Entry Tip
For articles or essays, the name of the periodical or book in which the article or essay appears

For magazine and journal articles, the volume number, issue number, and pages where the article appears
Formatting the References Section: APA General Guidelines
For sources on the web, the URL where the source is located

Before you start compiling your own references and translating referencing information from possibly other styles into APA style, you need to be able to identify each piece of information in the reference. This can sometimes be challenging because the different styles format the information differently and may put it in different places within the reference. However, the types of information each of the referencing styles requires is generally the same.

The JIBC APA Reference Guide is organized into types of sources-print, online, mixed media-and by number of authors (or if there is no author). Once you find the referencing format you need in the guide, you can study the example and follow the structure to set up your own citations. (The style guide also provides examples for how to do the in-text citation for quotes and paraphrasing from that type of source.)

You may be asking yourself why you cannot just use the reference that is often provided on the first page of the source (like a journal article), but you need to remember that not all authors use APA style referencing, or even if they do, they may not use the exact formatting you need to follow.

Putting together a references page becomes a lot easier once you recognize the types of information you continually see in references. For example, anytime you see something italicized for APA or underlined (in MLA), you know it is the title of the major piece of writing, such as a book with chapters or an academic journal with multiple articles. Take a look at the examples below.

If you are sourcing a chapter from a book, do not italicize the title of the chapter; instead, use double quotes. You also need to include the pages of the chapter within the book. (You do italicize the title of the book, similar to the journal article example above.)

The following box provides general guidelines for formatting the reference page. For the remainder of this chapter, you will learn about how to format reference entries for different source types, including multi-author and electronic sources.

Include the heading References, centred at the top of the page. The heading should not be boldfaced, italicized, or underlined.

Use double-spaced type throughout the references section, as in the body of your paper.

Use hanging indentation for each entry. The first line should be flush with the left margin, while any lines that follow should be indented five spaces. (Hanging indentation is the opposite of normal indenting rules for paragraphs.)

List entries in alphabetical order by the author's last name. For a work with multiple authors, use the last name of the first author listed.

List authors' names using this format: Smith, J. C.
Tip
For a work with no individual author(s), use the name of the organization that published the work or, if this is unavailable, the title of the work in place of the author's name.
Writing at Work
For works with multiple authors, follow these guidelines:

For works with up to and including seven authors, list the last name and initials for each author.

For works with more than seven authors, list the first six names, followed by ellipses, and then the name of the last author listed.

Use an ampersand before the name of the last author listed.

Print Sources: Books
Use title case for journal titles. Capitalize all important words in the title.
A Book by Two or More Authors
Use sentence case for all other titles-books, articles, web pages, and other source titles. Capitalize the first word of the title. Do not capitalize any other words in the title except for the following:

Proper nouns

First word of a subtitle

First word after a colon or dash

An Edited Book with No Author
Use italics for book and journal titles. Do not use italics, underlining, or quotation marks for titles of shorter works, such as articles.

There are many word processing programs and websites available that allow you to just plug in your referencing information and it will format it to the style required. If you decide to use such a program, you must still check all your references against your referencing guide because the way those programs and sites piece the information together may not be the exact way you are expected to do so at your school. Always double check!
An Edited Book with an Author
Citing other people's work appropriately is just as important in the workplace as it is in school. If you need to consult outside sources to research a document you are creating, follow the general guidelines already discussed, as well as any industry-specific citation guidelines. For more extensive use of others' work-for instance, requesting permission to link to another company's website on your own corporate website-always follow your employer's established procedures.
Tip
As is the case for in-text citations, formatting reference entries becomes more complicated when you are citing a source with multiple authors, various types of online media, or sources for which you must provide additional information beyond the basics listed in the general guidelines. The following sections show how to format reference entries by type of source.
A Translated Book
For book-length sources and shorter works that appear in a book, follow the guidelines that best describe your source.

List the authors' names in the order they appear on the book's title page. Use an ampersand (&) before the last author's name.
A Book Published in Multiple Editions
Campbell, D. T., & Stanley, J. C. (1963). Experimental and quasi-experimental designs for research. Boston, MA: Houghton Mifflin.
A Chapter in an Edited Book
List the editor or editors' names in place of the author's name, followed by Ed. or Eds. in parentheses.
A Work That Appears in an Anthology
Myers, C., & Reamer, D. (Eds.). (2009). 2009 nutrition index. San Francisco, CA: HealthSource, Inc.
An Article in a Reference Book
List the author's name first, followed by the title and the editor or editors. Note that when the editor is listed after the title, you list the initials before the last name.
Two or More Books by the Same Author
The previous example shows the format used for an edited book with one author-for instance, a collection of a famous person's letters that has been edited. This is different from an anthology, which is a collection of articles or essays by different authors. For citing works in anthologies, see the guidelines later in this section.

Include the translator's name after the title, and at the end of the citation, list the date the original work was published. Note that for the translator's name, you list the initials before the last name.

Freud, S. (1965). New introductory lectures on psycho-analysis (J. Strachey, Trans.). New York, NY: W. W. Norton. (Original work published 1933).

If you are using any edition other than the first, include the edition number in parentheses after the title.

List the name of the author(s) who wrote the chapter, followed by the chapter title. Then list the names of the book editor(s) and the title of the book, followed by the page numbers for the chapter and the usual information about the book's publisher.

Follow the same process you would use to cite a book chapter, substituting the article or essay title for the chapter title.
Books by Different Authors with the Same Last Name
List the author's name if available; if no author is listed, provide the title of the entry where the author's name would normally be listed. If the book lists the name of the editor(s), include it in your citation. Indicate the volume number (if applicable) and page numbers in parentheses after the article title.
A Book Authored by an Organization
List the entries in order of their publication year, beginning with the work published first.

Swedan, N. (2001). Women's sports medicine and rehabilitation. Gaithersburg, MD: Aspen Publishers.
A Book Authored by a Government Agency
Swedan, N. (2003). The active woman's health and fitness handbook. New York, NY: Perigee.

If two books have multiple authors, and the first author is the same but the others are different, alphabetize by the second author's last name (or the third or fourth, if necessary).
Print Sources: Periodicals An Article in a Scholarly Journal
Carroll, D., & Aaronson, F. (2008). Managing type II diabetes. Chicago, IL: Southwick Press.

Carroll, D., & Zuckerman, N. (2008). Gestational diabetes. Chicago, IL: Southwick Press.

Alphabetize entries by the authors' first initial.

Treat the organization name as you would an author's name. For the purposes of alphabetizing, ignore words like t he in the organization's name (e.g., a book published by the American Heart Association would be listed with other entries whose authors' names begin with A.)

American Psychiatric Association. (1994). Diagnostic and statistical manual of mental disorders DSM-IV (4th ed.). Arlington, VA: American Psychiatric Publishing.

Treat these as you would a book published by a non-governmental organization, but be aware that these works may have an identification number listed. If so, include the number in parentheses after the publication year.

U.S. Census Bureau. (2002). The decennial censuses from 1790 to 2000(Publication No. POL/02-MA). Washington, DC: US Government Printing Offices.

Include the following information:

Author or authors' names
An Article in a Journal Paginated by Volume
Publication year

Article title (in sentence case, without quotation marks or italics)
An Abstract of a Scholarly Article
Journal title (in title case and in italics)

Volume number (in italics)

Issue number (in parentheses)
A Journal Article with Two to Seven Authors
Page number(s) where the article appears

DeMarco, R. F. (2010). Palliative care and African American women living with HIV. Journal of Nursing Education, 49(5), 1-4.

In journals, page numbers are continuous across all the issues in a particular volume. For instance, the winter issue may begin with page 1, and in the spring issue that follows, the page numbers pick up where the previous issue left off. (If you have ever wondered why a print journal did not begin on page 1, or wondered why the page numbers of a journal extend into four digits, this is why.) Omit the issue number from your reference entry.

Wagner, J. (2009). Rethinking school lunches: A review of recent literature. American School Nurses' Journal, 47, 1123-1127.
Writing at Work
At times you may need to cite an abstract -the summary that appears at the beginning of a published article. If you are citing the abstract only, and it was published separately from the article, provide the following information:
A Magazine Article
Publication information for the article
A Newspaper Article
Information about where the abstract was published (for instance, another journal or a collection of abstracts)
A Letter to the Editor
List all the authors' names in the order they appear in the article. Use an ampersand before the last name listed.

Barker, E. T., & Bornstein, M. H. (2010). Global self-esteem, appearance satisfaction, and self-reported dieting in early adolescence. Journal of Early Adolescence, 30(2), 205-224.
A Review
Tremblay, M. S., Shields, M., Laviolette, M., Craig, C. L., Janssen, I., & Gorber, S. C. (2010). Fitness of Canadian children and youth: Results from the 2007-2009 Canadian Health Measures Survey. Health Reports, 21(1), 7-20.
Electronic Sources Citing Articles from Online Periodicals: URLs and Digital Object Identifiers (DOIs)
List the first six authors' names, followed by a comma, an ellipsis, and the name of the last author listed. The article in the following example has 16 listed authors; the reference entry lists the first six authors and the 16th, omitting the seventh through the 15th.

The idea of an eight-page article with 16 authors may seem strange to you-especially if you are in the midst of writing a 10-page research paper on your own. More often than not, articles in scholarly journals list multiple authors. Sometimes, the authors actually did collaborate on writing and editing the published article. In other instances, some of the authors listed may have contributed to the research in some way while being only minimally involved in the process of writing the article. Whenever you collaborate with colleagues to produce a written product, follow your profession's conventions for giving everyone proper credit for their contribution.

After the publication year, list the issue date. Otherwise, magazine articles as you would journal articles. List the volume and issue number if both are available.

Treat newspaper articles as you would magazine and journal articles, with one important difference: precede the page number(s) with the abbreviation p. (for a single-page article) or pp. (for a multipage-page article). For articles that have non-continuous pagination, list all the pages included in the article. For example, an article that begins on page A1 and continues on pages A4 would have the page reference A1, A4. An article that begins on page A1 and continues on pages A4 and A5 would have the page reference A1, A4-A5.

After the title, indicate in brackets that the work is a letter to the editor.

Jones, J. (2009, January 31). Food police in our schools [Letter to the editor]. Rockwood Gazette, p. A8.
An Article from an Online Periodical with a DOI
After the title, indicate in brackets that the work is a review and state the name of the work being reviewed. (Note that even if the title of the review is the same as the title of the book being reviewed, as in the following example, you should treat it as an article title. Do not italicize it.)

Whenever you cite online sources, it is important to provide the most up-to-date information available to help readers locate the source. In some cases, this means providing an article's URL, or web address. (The letters URL stand for uniform resource locator.) Always provide the most complete URL possible. Provide a link to the specific article used, rather than a link to the publication's homepage.
An Article from an Online Periodical with No DOI
As you likely know, web addresses are not always stable. If a website is updated or reorganized, the article you accessed in April may move to a different location in May. The URL you provided may become a dead link. For this reason, many online periodicals, especially scholarly publications, now rely on DOIs rather than URLs to keep track of articles.

A DOI is a digital object identifier-an identification code provided for some online documents, typically articles in scholarly journals. Like a URL, its purpose is to help readers locate an article. However, a DOI is more stable than a URL, so it makes sense to include it in your reference entry when possible. Follow these guidelines:

If you are citing an online article with a DOI, list the DOI at the end of the reference entry.
A Newspaper Article
If the article appears in print as well as online, you do not need to provide the URL. However, include the words e lectronic version after the title in brackets.

In all other respects, treat the article as you would a print article. Include the volume number and issue number if available. (Note, however, that these may not be available for some online periodicals.)
An Article Accessed through a Database
List the DOI if one is provided. There is no need to include the URL if you have listed the DOI.
Tip
Bell, J. R. (2006). Low-carb beats low-fat diet for early losses but not long term. OBGYN News, 41(12), 32. doi:10.1016/S0029-7437(06)71905-X
An Abstract of an Article
List the URL. Include the volume and issue number for the periodical if this information is available. (For some online periodicals, it may not be.)

Note that if the article appears in a print version of the publication, you do not need to list the URL, but do indicate that you accessed the electronic version.
A Nonperiodical Web Document
Robbins, K. (2010, March/April). Nature's bounty: A heady feast [Electronic version]. Psychology Today, 43(2), 58.

Provide the URL of the article.

McNeil, D. G. (2010, May 3). Maternal health: A new study challenges benefits of vitamin A for women and babies. The New York Times. Retrieved from http://www.nytimes.com/2010/05/04/health/04glob.html?ref=health

Cite articles accessed through a database the same way you would normally cite a print article. Provide database information only if the article is difficult to locate.

APA style does not require the item number or accession number for articles retrieved from databases. You may choose to include it if the article is difficult to locate or the database is an obscure one. Check with your instructor for specific requirements for your course.

Format article abstracts as you would an article citation, but add the word Abstract in brackets after the title.

Bradley, U., Spence, M., Courtney, C. H., McKinley, M. C., Ennis, C. N., McCance, D. R....Hunter, S. J. (2009). Low-fat versus low-carbohydrate weight reduction diets: Effects on weight loss, insulin resistance, and cardiovascular risk: A randomized control trial [Abstract]. Diabetes, 58(12), 2741-2748. http://diabetes.diabetesjournals.org/content/early/2009/08/23/db00098.abstract
An Entry from an Online Encyclopedia or Dictionary
The ways you cite different nonperiodical web documents may vary slightly from source to source, depending on the information available. In your citation, include as much of the following information as you can:

Name of the author(s), whether an individual or organization
Graphic Data
Date of publication (Use n.d. if no date is available.)

Title of the document
An Electronic Book
Address where you retrieved the document

If the document consists of more than one web page within the site, link to the homepage or the entry page for the document.
A Chapter from an Online Book or a Chapter or Section of a Web Document
American Heart Association. (2010). Heart attack, stroke, and cardiac arrest warning signs. Retrieved from http://www.americanheart.org/presenter.jhtml?identifier=3053

Because these sources often do not include authors' names, you may list the title of the entry at the beginning of the citation. Provide the URL for the specific entry.
A Dissertation or Thesis from a Database
Addiction. (n.d.) In Merriam-Webster's online dictionary. Retrieved from http://www.merriam-webster.com/dictionary/addiction
Computer Software
When citing graphic data-such as maps, pie charts, bar graphs, and so on-include the name of the organization that compiled the information, along with the publication date. Briefly describe the contents in brackets. Provide the URL where you retrieved the information. (If the graphic is associated with a specific project or document, list it after your bracketed description of the contents.)

US Food and Drug Administration. (2009). [Pie charts showing the percentage breakdown of the FDA's budget for fiscal year 2005]. 2005 FDA budget summary. Retrieved from mhttp://www.fda.gov/AboutFDA/ReportsManualsForms/Reports/BudgetReports/2005FDABudgetSummary/ucm117231.htm
A Post on a Blog or Video Blog
Electronic books may include books available as text files online or audiobooks. If an electronic book is easily available in print, cite it as you would a print source. If it is unavailable in print (or extremely difficult to find), use the format in the example. (Use the words Available from in your citation if the book must be purchased or is not available directly.)
Writing at Work
Chisholm, L. (n.d.). Celtic tales. Retrieved from http://www.childrenslibrary.org/icdl/BookReader?bookid= chicelt_00150014&twoPage=false&route=text&size=0&fullscreen=false&pnum1=1&lang= English&ilang=English
A Television or Radio Broadcast
Chapters and sections from online books or web documents are treated similarly to their print counterparts with the addition of retrieval information. Include the chapter or section number in parentheses after the book title.

Hart, A. M. (1895). Restoratives-Coffee, cocoa, chocolate. In Diet in sickness and in health (VI). Retrieved from http://www.archive.org/details/dietinsicknessin00hartrich
A Television or Radio Series or Episode
Provide the author, date of publication, title, and retrieval information. If the work is numbered within the database, include the number in parentheses at the end of the citation.

For commonly used office software and programming languages, it is not necessary to provide a citation. Cite software only when you are using a specialized program, such as the nutrition tracking software in the following example. If you download software from a website, provide the version and the year if available.

Internet Brands, Inc. (2009). FitDay PC (Version 2) [Software]. Available from http://www.fitday.com/Pc/PcHome.html?gcid=14

Citation guidelines for blogs are similar to those used for discussion forum postings. Briefly describe the type of source in brackets after the title.
A Motion Picture
Because the content may not be carefully reviewed for accuracy, discussion forums and blogs should not be relied upon as a major source of information. However, it may be appropriate to cite these sources for some types of research. You may also participate in discussion forums or comment on blogs that address topics of personal or professional interest. Always keep in mind that when you post, you are making your thoughts public-and in many cases, available through search engines. Make sure any posts that can easily be associated with your name are appropriately professional, because a potential employer could view them.

Include the name of the producer or executive producer; the date, title, and type of broadcast; and the associated company and location.
A Recording
West, Ty. (Executive producer). (2009, September 24). PBS special report: Health care reform [Television broadcast]. New York, NY, and Washington, DC: Public Broadcasting Service.

Include the producer and the type of series if you are citing an entire television or radio series.

Couture, D., Nabors, S., Pinkard, S., Robertson, N., & Smith, J. (Producers). (1979). The Diane Rehm show [Radio series]. Washington, DC: National Public Radio.
A Podcast
To cite a specific episode of a radio or television series, list the name of the writer or writers (if available), the date the episode aired, its title, and the type of series, along with general information about the series.

Bernanke, J., & Wade, C. (2010, January 10). Hummingbirds: Magic in the air [Television series episode]. In F. Kaufman (Executive producer), Nature. New York, NY: WNET.
Using the guidelines above and your , identify what each of these types of sources are based on their identifying characteristics and under which categories you would find them in the reference guide. Choose the answer that best describes each example.
Name the director or producer (or both), year of release, title, country of origin, and studio.

Spurlock, M. (Director/producer), Morley, J. (Executive producer), & Winters. H. M. (Executive producer). (2004). Super size me. United States: Kathbur Pictures in association with Studio on Hudson.

Name the primary contributors and list their role. Include the recording medium in brackets after the title. Then list the location and the label.

Smith, L. W. (Speaker). (1999). Meditation and relaxation [CD]. New York, NY: Earth, Wind, & Sky Productions.

Székely, I. (Pianist), Budapest Symphony Orchestra (Performers), & Németh, G. (Conductor). (1988). Chopin piano concertos no. 1 and 2 [CD]. Hong Kong: Naxos.

Provide as much information as possible about the writer, director, and producer; the date the podcast aired; its title; any organization or series with which it is associated; and where you retrieved the podcast.

Kelsey, A. R. (Writer), Garcia, J. (Director), & Kim, S. C. (Producer). (2010, May 7). Lies food labels tell us. Savvy consumer podcast [Audio podcast]. Retrieved from http://www.savvyconsumer.org/podcasts/050710

Baudrillard, Jean. For a Critique of the Political Economy of the Sign. Trans. Charles Levin. Saint Louis: Telos, 1981.

A book with two authors

A multi-volume work

An article in a journal

A book with one author

United States Drug Enforcement Administration. (2014). The Dangers and consequences of marijuana abuse. Retrieved from http://www.justice.gov/dea/docs/dangers-consequences-marijuana-abuse.pdf

Online government document

Online task force report, corporate author

Online codes and standards

A blog

Watson, S. (2003). Antigone. In R. Sullivan & M. Levene (Eds.), Short Fiction: An Anthology (pp. 323-329). Don Mills, Ont.: Oxford University Press. (Original work published 1979)

A short story reprinted in an anthology

A chapter in a book

A multi-volume book

A book with three authors

Gilbert, Elliot. "The Ceremony of Innocence: Charles Dickens's A Christmas Carol." PMLA 90 (1975): 22-31.

An online journal article

An academic article

A chapter in a book

A newspaper article

Ogborne, A.C., Smart, R.G., & Adlaf, E.M. (2000). Self-reported medical use of marijuana: A survey of the general population. Canadian Medical Association Journal, 162(12), 1685. Retrieved from http://ecmaj.ca.cgi

An online academic journal article

An online authored report, non-governmental organization

An online academic journal article by multiple authors

An e-version of a print book

David, L. (Producer) & Guggenheim, D. (Director). (2006). An Inconvenient Truth [Motion Picture]. United States: Lawrence Bender Productions.

A CD-ROM

A television series

A video/DVD

A blog

Jaynes, J. 1986 Consciousness of the voices of the mind. Canadian Psychology 27. 128-137.

An online journal article

An academic journal article

A book

A magazine article

Spiro, M.D. (1983). Introduction: Thirty years of kibbutz research. In E. Krause (Ed.), The sociology of the kibbutz: Studies in Israeli society II. New Brunswick, NJ: Transaction Books.

A book

A chapter

An edited book

All of the above

Kamel, F., Tanner, C., Umbach, D., Hoppin, J., Alavanja, M., Blair, A.,... Sandler, D. (2007). Pesticide exposure and self-reported Parkinson's disease in the agricultural health study. Am J Epidemiol, 165: 364-374.

An online academic article with eight or more authors

A book with eight or more authors

A print journal article with eight or more authors

A chapter in an edited book

McPartland, J.M., & Pruitt, P.L. (1997). Medical marijuana and its use by the immunocompromised. Alternative Therapies in Health and Medicine, 3(3), 39-45. doi: 10.1080/102825

An online newspaper article

An online article with DOI

A chapter of a book from an online library

All of the above

Some examples taken from:

Writing Commons. (2014, September). Open Text. Retrieved from http://writingcommons.org/format/apa/675-block-quotations-apa

Answers:

D. Although two names are given, only the first is the author; the second is a translator. It is a book because it has a city and publisher.

A. Starts with "United States" = good chance it is a government-produced document

A. The title of the book contains "anthology," which means collection of stories, and "fiction" refers to stories. We know it is a book because of the city and publisher.
Assignment 3 (2.5%)
B. There are actually three titles given here: the article, a book within the title of the article, the journal name PMLA ( Publications of the Modern Language Association). There are also a volume number after PMLA and page numbers.

C. There are three authors, URL, and title of journal, identifying it as an online article with multiple authors.

C. The keywords identifying it as a video/DVD are director, producer, and motion picture

B. The title of journal and article, and the page numbers identify it as a journal article, but there is no URL so we know it is not online.

D. There are two titles, one italicized and one not, so it is part of a bigger source; the second name followed by "Ed." shows this was an edited book; we know it is a book because of the city and publisher.

C. The title of journal and article, with page numbers, identifies it as a journal article, but not online as there is no URL. More than eight authors are listed.
Submit this assignment to your instructor for grading Referencing information for Assignment 3 . (2.5%)
B. It is identified as a journal article because the journal title is given, and the name of the article. There is no URL but there is a DOI, identifying it as being online.

Review the following example from Jorge's paper on evaluating low-carbohydrate diets. This is an example of how to piece all of your referencing information into one section.

Using the JIBC APA Reference Guide, compile a reference page consisting of the six sources given below. You will need to apply the required formatting for each of the references as well as the page as a whole. You will have to look at each of the sources and the information that is given for each: there may be some extra information you will need to omit from the references.

1. Identify what type of source this is from the information given.

2. Find the example of that type of source in the reference guide.

3. Decide what information you need and do not need for each.

4. Compose each individual source's reference.

5. On a separate page, combine the references you created for the six sources into a correctly formatted reference page.

1. American Music Teacher, August-Sept 1999 v49 (1) p34(5) 1998 National Survey of High School Pianists. Harold Kafer; Richard Kennel

2. The Economist (US), June 1, 1996 v339 n7968 p79(1) The food of the gods.
Tip
3. Current Directions in Psychological Science, Dec 2005 v14 i6 p317(4) Music and Cognitive Abilities. Glenn E. Schellenberg

4. Nursing interventions: effective nursing treatments / [edited by] Gloria M. Bulechek, Joanne C. McCloskey. Philadelphia: Saunders, c1999. 3rd ed Includes bibliographical references and index. ISBN: 072167724X Fenwick Stacks Call Number: RT48 .N8833 1999

5. Kok, S.C. (2005). Music and learning. In Hoffman, B. (Ed.), Encyclopedia of Educational Technology.Retrieved: March 28, 2008, from http://coe.sdsu.edu/eet/articles/musiclearning/start.htm
Journal entry #9 Write a paragraph or two responding to the following. What did you find the most straightforward/easy about citations? What did you find more difficult about citations? What did you find the most straightforward/easy about composing references? What did you find more difficult about composing references? What concerns you most about referencing citations? What will you do to address this?
6. Tuning up young minds: music lessons give kids a small IQ advantage.B. Bower. Science News 165.25 (June 19, 2004): p389(1). (446 words)

Checklist 7.1 Reference Page Reminder

Just to review, your final reference page needs to:

Start on an fresh page after your last page of writing

Be titled "Reference Page" or "References"

Be in alphabetical order based on the author's last name

Be double spaced

Have hanging indents

In APA style, book and article titles are formatted in sentence case, not title case. Sentence case means that only the first word is capitalized, along with any proper nouns.

Key Takeaways

In APA papers, in-text citations usually include the name(s) of the author(s) and the year of publication.

In-text citations correspond to entries in the references section, which provide detailed referencing information about a source.

Entries in the references section include as much of the following information as possible:

Print Resources: Author(s), date of publication, title, publisher, page numbers (for shorter works), editors (if applicable), and periodical title (if applicable).

Online resources (text based). Author(s), date of publication, title, publisher or sponsoring organization, and DOI or URL (if applicable).

Electronic resources (non text based).Details about the creator(s) of the work, title, associated company or series, and date the work was produced or broadcast. The specific details provided will vary depending on the medium and the information that is available.

Electronic resources (text based). If widely available in print form, it is sometimes unnecessary to provide details about how to access the electronic version. Check the guidelines for the specific source type.

Remember as mentioned in the Assessment Descriptions in your syllabus:

You will be expected to respond to the questions by reflecting on and discussing your experiences with the week's material.

When writing your journals, you should focus on freewriting-writing without (overly) considering formal writing structures-but remember that it will be read by the instructor, who needs to be able to understand your ideas.

Your instructor will be able to see if you have completed this entry by the end of the week but will not read all of the journals until week 11.

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Writing for Success 1st Canadian Edition

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In this chapter you are going to learn more about compiling references and citations. You will also learn strategies for handling some of the more challenging aspects of writing a research paper, such as integrating material from your sources, citing information correctly, and avoiding any misuse of your sources.

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Knowing about the function and structure of reports is important; however, knowing about the appropriate style and conventions to use when writing your report is equally important. Reports written in a university context tend to be structured, formal, objective, impersonal, complex and contain technical language.

The formal and impersonal nature of reports can be achieved by avoiding certain types of language such as slang terms and contractions (didn't, won't etc) as well as strong expressions of opinion and attitude. In addition, the use of the passive voice (were specified, it is suggested etc) allows writers to foreground what was done, rather than who did it, thus making the writing less personal. A more objective, impersonal tone is achieved through the use of formal and impersonal language. Some examples of expressions you may use in your report include:

This report aims to investigate...
This report was commissioned to review...
This research indicates...
The results suggest...
It can be concluded that...
Conclusions that can be drawn are...
It recommends that...
The following recommendations are made...

The use of discipline specific terminology in your report will add to its technicality and formality. Discipline specific terminology consists of words or phrases particular to a discipline which experienced writers within the field use to convey meaning in a certain way.

The language of reports should also be objective and complex. Objectivity and complexity can be achieved through the use of structures such as nominalisation and extended noun phrases. Nominalisation is the expression of actions as noun phrases instead of verbs. This allows the text to focus on objects or concepts rather than actions, so it sounds more abstract and objective. This language structure also allows more information to be packed into less space and increases the complexity of the writing. Extended nominal groups increase the amount of information provided about the people, places or concepts described in the report.

Read the following example:

Many Australian plant species produce seeds with fleshy appendages called elaiosomes. Using two species, Acacia linifolia and Dillwynia juniperina, the function of elaiosomes was investigated. It was hypothesised that elaiosomes are involved in the dispersal of seeds by ants. To test this hypothesis, the removal of seeds with elaiosomes was compared to seeds from which the elaiosome had been removed and observations were made to confirm that the agents of seed removal were indeed ants. It was found that the removal of seeds with elaiosomes was significantly greater than those without elaiosomes for D. juniperina but not for A. linifolia. Observations of seed removal confirmed that ants were the only removers of seeds.

Discipline specific terminology
Passive voice. This is one way to avoid using personal pronouns such as I and we.
Impersonal language Use of nominalisations and extended nominal groups.

Follow this link for more detailed information on the words, structures and conventions of academic writing.

© Copyright 2000
Comments and questions should
be directed to Unilearning@uow.edu.au

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Knowing about the function and structure of reports is important; however, knowing about the appropriate style and conventions to use when writing your report is equally important. Reports written in a university context tend to be structured, formal, objective, impersonal, complex and contain technical language.

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example of referencing a power point (reference list at the end missing though)

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example of referencing a power point (reference list at the end missing though)

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Try visiting the interactive Court Room to get an idea of how a court works.

Judge/Magistrate

The Judge presides over the court and deals with any legal issues that arise during the trial. He/She informs the jurors about their role and instructs them about what the law is. The Magistrate hears cases and makes decisions in the Magistrates' Court and Children's Court. They determine the order of proceedings, whether the defendant is guilty or not guilty and assign penalties to the defendant.

When you speak to a magistrate or judge, you should address them as 'Your Honour'.

Defendant/Accused

In a Criminal Trial the person who has been charged with committing an offence is called the 'accused'.In a Civil Trial the parties are called the plaintiff and the defendant:

Plaintiff

This is the person bringing the action, or 'suing' the other person.

Defendant

This is the person defending the action, or being 'sued'.
These people are the reason why the court is "in session".

Dock

The Dock is where the Defendant or person on trial stands before the court. At the conclusion of the trial they can be found guilty and taken into custody, or not guilty and they may leave the dock when directed. A non-custodial sentence means they do not have to go to gaol but may receive a fine, or an order to do community service.

Prosecuting Barrister

The Prosecuting Barrister creates a case against the Defendant to prove why they should be held responsible for a charge. They must stand up when addressing the Magistrate/Judge, questioning a witness or when 'objecting'. They represent the interests of the Crown and or the person who brought the case to court i.e. the plaintiff. Solicitors aid Barristers in court by preparing supporting material, but they do not speak in court.

Defence Barrister

The Defence Barrister provides a defence case that shows why the Defendant is not responsible for the charge. They represent the interests of the Defendant. They must stand up when addressing the Magistrate/Judge, questioning a witness or when 'objecting'. Solicitors aid Barristers in court by preparing supporting material, but they do not speak in court.

Witness

A witness is a person who is required to come to court to answer questions about a case. Before giving evidence, the witness promises to tell the truth. The information provided by witnesses becomes evidence, which the Magistrate/Judge and jury may use to make a judgment in the case.

Witness Box

Witnesses stand in the Witness Box to provide evidence for the Defence or Prosecution during the court session. They are 'sworn in' before they answer any questions and must promise the court to tell the truth by swearing an oath. If a Witness fails to tell the truth then they can be held in 'contempt of court' and fined or detained by the Magistrate/Judge.

Public Gallery

Court trials are usually open to the public. Members of the public are encouraged to attend trials to see for themselves how the courts operate. The expectation is that the public gallery will sit silently and observe the proceedings from the back of the room.

Jury

A jury consists of people whose names appear on the electoral roll. Jurors are selected for both civil and criminal cases in the County and Supreme Courts to ensure a 'trial by peers'. The jury must listen to all the evidence and determine whether the accused is guilty or not guilty. They must then consider the evidence, in relation to the law, and finally make their decision. The jury must come to a decision unanimously or be in the majority. If they fail in this task then they are considered a 'hung jury' and the case must begin again with a new jury.

Bench Clerk (Magistrate's and Children's Courts)/Tipstaff (County and Supreme Courts)/Judge's Associate

The Bench Clerk sits in front of the Magistrate and assists with administration and legal research. He/she announces the cases and calls people into court. Their job is to direct people where to stand, read the charges out (in a criminal proceeding) and administer the oath or affirmation to witnesses. The Tipstaff announces that the court is in session and swears in witnesses. An important duty of the tipstaff is to look after the jury. He or she escorts jury members into the courtroom and into the jury room, and deals with any practical matters for the jury. They are also responsible for 'swearing in' the witnesses by taking their oaths.

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3D Interactive Court Room - National Trust

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Click here to open the Interactive Court Room. Judge/Magistrate The Judge presides over the court and deals with any legal issues that arise during the trial. He/She informs the jurors about their role and instructs them about what the law is.

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For a printer-friendly PDF version of this guide, click here

This guide has been written to provide a general introduction to writing reports. It outlines the typical structure of a report and provides a step by step guide to producing reports that are clear and well structured.

Other useful guides: Writing for science; Avoiding plagiarism; Referencing and bibliographies.

What is a report?

A report is written for a clear purpose and to a particular audience. Specific information and evidence are presented, analysed and applied to a particular problem or issue. The information is presented in a clearly structured format making use of sections and headings so that the information is easy to locate and follow.

When you are asked to write a report you will usually be given a report brief which provides you with instructions and guidelines. The report brief may outline the purpose, audience and problem or issue that your report must address, together with any specific requirements for format or structure. This guide offers a general introduction to report writing; be sure also to take account of specific instructions provided by your department.

What makes a good report?

Two of the reasons why reports are used as forms of written assessment are:

to find out what you have learned from your reading, research or experience;

to give you experience of an important skill that is widely used in the work place.

An effective report presents and analyses facts and evidence that are relevant to the specific problem or issue of the report brief. All sources used should be acknowledged and referenced throughout, in accordance with the preferred method of your department. For further information see the Learning Development guide: Avoiding Plagiarism. The style of writing in a report is usually less discursive than in an essay, with a more direct and economic use of language. A well written report will demonstrate your ability to:

understand the purpose of the report brief and adhere to its specifications;

gather, evaluate and analyse relevant information;

structure material in a logical and coherent order;

present your report in a consistent manner according to the instructions of the report brief;

make appropriate conclusions that are supported by the evidence and analysis of the report;

make thoughtful and practical recommendations where required.

The structure of a report

The main features of a report are described below to provide a general guide. These should be used in conjunction with the instructions or guidelines provided by your department.

Title Page

This should briefly but explicitly describe the purpose of the report (if this is not obvious from the title of the work). Other details you may include could be your name, the date and for whom the report is written.

Geology of the country around Beacon Hill, Leicestershire
Angus Taylor
2 November 2004

Example of a title page

Terms of Reference

Under this heading you could include a brief explanation of who will read the report (audience) why it was written (purpose) and how it was written (methods). It may be in the form of a subtitle or a single paragraph.

A report submitted in fulfilment of the requirements for Course GL456, Department of Geology, Univeristy of Leicester.

Example of terms of reference

Summary (Abstract)

The summary should briefly describe the content of the report. It should cover the aims of the report, what was found and what, if any, action is called for. Aim for about 1/2 a page in length and avoid detail or discussion; just outline the main points. Remember that the summary is the first thing that is read. It should provide the reader with a clear, helpful overview of the content of the report.

Exposure of rocks belonging to the Charnian Supergroup (late Precambrian) were examined in the area around Beacon Hill, north Leicestershire. This report aims to provide details of the stratigraphy at three sites - Copt Oak, Mount St. Bernard Abbey and Oaks in Charnwood. It was observed that at each of these sites, the Charnian Supergroup consists mainly of volcaniclastic sediments (air-fall and ash-flow tuffs) interbedded with mudstones and siltstones. These rocks show features that are characteristic of deposition in shallow water on the flanks of a volcano (e.g. welding and alteration of ignimbrites). Further studies are required to understand depositional mechanisms and to evaluate the present-day thickness of individual rock units.

Example of a summary (abstract)

Contents (Table of Contents)

The contents page should list the different chapters and/or headings together with the page numbers. Your contents page should be presented in such a way that the reader can quickly scan the list of headings and locate a particular part of the report. You may want to number chapter headings and subheadings in addition to providing page references. Whatever numbering system you use, be sure that it is clear and consistent throughout.

Introduction

The introduction sets the scene for the main body of the report. The aims and objectives of the report should be explained in detail. Any problems or limitations in the scope of the report should be identified, and a description of research methods, the parameters of the research and any necessary background history should be included.

In some reports, particularly in science subjects, separate headings for Methods and Results are used prior to the main body ( Discussion) of the report as described below.

Methods

Information under this heading may include: a list of equipment used; explanations of procedures followed; relevant information on materials used, including sources of materials and details of any necessary preparation; reference to any problems encountered and subsequent changes in procedure.

Results

This section should include a summary of the results of the investigation or experiment together with any necessary diagrams, graphs or tables of gathered data that support your results. Present your results in a logical order without comment. Discussion of your results should take place in the main body ( Discussion) of the report.

Discussion

The main body of the report is where you discuss your material. The facts and evidence you have gathered should be analysed and discussed with specific reference to the problem or issue. If your discussion section is lengthy you might divide it into section headings. Your points should be grouped and arranged in an order that is logical and easy to follow. Use headings and subheadings to create a clear structure for your material. Use bullet points to present a series of points in an easy-to-follow list. As with the whole report, all sources used should be acknowledged and correctly referenced. For further guidance check your departmental handbook and the Student Learning Centre guide: Referencing and Bibliographies

Conclusion

In the conclusion you should show the overall significance of what has been covered. You may want to remind the reader of the most important points that have been made in the report or highlight what you consider to be the most central issues or findings. However, no new material should be introduced in the conclusion.

Appendices

Under this heading you should include all the supporting information you have used that is not published. This might include tables, graphs, questionnaires, surveys or transcripts. Refer to the appendices in the body of your report.

In order to assess the popularity of this change, a questionnaire (Appendix 2) was distributed to 60 employees. The results (Appendix 3) suggest the change is well received by the majority of employees.

Example of use of appendices

Bibliography

Your bibliography should list, in alphabetical order by author, all published sources referred to in your report. There are different styles of using references and bibliographies. Refer to the study guide Referencing and Bibliographies and check your departmental handbook for guidelines. Texts which you consulted but did not refer to directly could be grouped under a separate heading such as 'Background Reading' and listed in alphabetical order using the same format as in your bibliography.

Acknowledgements

Where appropriate you may wish to acknowledge the assistance of particular organisations or individuals who provided information, advice or help.

Glossary of Technical Terms

It is useful to provide an alphabetical list of technical terms with a brief, clear description of each term. You can also include in this section explanations of the acronyms, abbreviations or standard units used in your report.

You will not necessarily be required to use all of the headings described above, nor will they necessarily be in the order given here. Check your departmental guidelines or instructions.

Writing the report: the essential stages

All reports need to be clear, concise and well structured. The key to writing an effective report is to allocate time for planning and preparation. With careful planning, the writing of a report will be made much easier. The essential stages of successful report writing are described below. Consider how long each stage is likely to take and divide the time before the deadline between the different stages. Be sure to leave time for final proof reading and checking.

Stage One: Understanding the report brief

This first stage is the most important. You need to be confident that you understand the purpose of your report as described in your report brief or instructions. Consider who the report is for and why it is being written. Check that you understand all the instructions or requirements, and ask your tutor if anything is unclear.

Stage Two: Gathering and selecting information

Once you are clear about the purpose of your report, you need to begin to gather relevant information. Your information may come from a variety of sources, but how much information you will need will depend on how much detail is required in the report. You may want to begin by reading relevant literature to widen your understanding of the topic or issue before you go on to look at other forms of information such as questionnaires, surveys etc. As you read and gather information you need to assess its relevance to your report and select accordingly. Keep referring to your report brief to help you decide what is relevant information.

Stage Three: Organising your material

Once you have gathered information you need to decide what will be included and in what sequence it should be presented. Begin by grouping together points that are related. These may form sections or chapters. Remember to keep referring to the report brief and be prepared to cut any information that is not directly relevant to the report. Choose an order for your material that is logical and easy to follow.

Stage Four: Analysing your material

Before you begin to write your first draft of the report, take time to consider and make notes on the points you will make using the facts and evidence you have gathered. What conclusions can be drawn from the material? What are the limitations or flaws in the evidence? Do certain pieces of evidence conflict with one another? It is not enough to simply present the information you have gathered; you must relate it to the problem or issue described in the report brief.

Stage Five: Writing the report

Having organised your material into appropriate sections and headings you can begin to write the first draft of your report. You may find it easier to write the summary and contents page at the end when you know exactly what will be included. Aim for a writing style that is direct and precise. Avoid waffle and make your points clearly and concisely. Chapters, sections and even individual paragraphs should be written with a clear structure. The structure described below can be adapted and applied to chapters, sections and even paragraphs.

Introduce the main idea of the chapter/section/paragraph

Explain and expand the idea, defining any key terms.

Present relevant evidence to support your point(s).

Comment on each piece of evidence showing how it relates to your point(s).

Conclude your chapter/section/paragraph by either showing its
significance to the report as a whole or making a link to the next chapter/section/paragraph.

Stage Six: Reviewing and redrafting

Ideally, you should leave time to take a break before you review your first draft. Be prepared to rearrange or rewrite sections in the light of your review. Try to read the draft from the perspective of the reader. Is it easy to follow with a clear structure that makes sense? Are the points concisely but clearly explained and supported by relevant evidence? Writing on a word processor makes it easier to rewrite and rearrange sections or paragraphs in your first draft. If you write your first draft by hand, try writing each section on a separate piece of paper to make redrafting easier.

Stage Seven: Presentation

Once you are satisfied with the content and structure of your redrafted report, you can turn your attention to the presentation. Check that the wording of each chapter/section/subheading is clear and accurate. Check that you have adhered to the instructions in your report brief regarding format and presentation. Check for consistency in numbering of chapters, sections and appendices. Make sure that all your sources are acknowledged and correctly referenced. You will need to proof read your report for errors of spelling or grammar. If time allows, proof read more than once. Errors in presentation or expression create a poor impression and can make the report difficult to read.

Feedback

Any feedback from tutors on returned work can be used to create a checklist of key points to consider for your next report. Identify priority areas for attention and seek out further information and advice. Speak to your tutor or an adviser from the Learning Development. Used in this way, feedback from tutors can provide a useful tool for developing and improving your writing skills.

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For a printer-friendly PDF version of this guide, click here This guide has been written to provide a general introduction to writing reports. It outlines the typical structure of a report and provides a step by step guide to producing reports that are clear and well structured.

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This is a good guide for writing an introduction.

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This is a good guide for writing an introduction.

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A business report is always created to solve a problem. This could be something simple, such as finding a better way to organise the ordering of office stationery or a more complex problem, such as implementing a new multi-million pound computer system. And an important part of any report is the introduction. It is often the most read section and must inform the reader that the report contains something worth reading. This makes a great introduction essential, so follow the tips below to ensure you hit the mark every time!

Tip One - write it last - don't write your introduction until you've completed your report. The introduction is a summary of what is contained in the report and you cannot summarise what is in the report until you have finished it.

Tip Two - keep it short - your introduction should be only a few lines long. It is a brief paragraph designed to tell the reader what the report covers. It should allow the reader to quickly decide if the report is something that they wish to continue reading or not.

Tip Three - include all the relevant information - the introduction should answer the following questions:

Why has the report been written? If you cannot answer this question then it's likely that the report isn't needed. However, this is highly unlikely to happen as most reports are commissioned to address a particular problem. Detail the problem and state why it's significant to the business.

Who commissioned the report? State who requested that the report be written in the first place - was it an individual, department, organisation or someone else.

What is covered in the report? Detail the scope of the report and, if need be, say what is not covered too.

How was the report carried out? Give details of what methods of assessment were used to investigate the problem.

Tip Four - don't include jargon or abbreviations in your introduction - this is one of those rules that can be applied or disregarded depending on the intended readership. If the readers are familiar with technical jargon, then it's fine to use it. For example, if you are writing the report for colleagues on a board of experienced engineers at a chemical engineering plant, you can be pretty certain that they will familiar with all the technical terms used. However, if there's any chance that there are people reading the report who may not understand the jargon or abbreviations, don't use them until you have had the chance to explain what they mean.

If you feel you need more help with report writing, we have the solution. Our report Writing course will teach you how to write professional reports every time. Request a Report Writing course prospectus today.

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Tips on how to write an introduction for a report

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A business report is always created to solve a problem. This could be something simple, such as finding a better way to organise the ordering of office stationery or a more complex problem, such as implementing a new multi-million pound computer system. And an important part of any report is the introduction.

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Look at the structure part of this paper

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Look at the structure part of this paper

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Some academic assignments ask for a 'report', rather than an essay, and students are often confused about what that really means.

Likewise, in business, confronted with a request for a 'report' to a senior manager, many people struggle to know what to write.

Confusion often arises about the writing style, what to include, the language to use, the length of the document and other factors.

This page aims to disentangle some of these elements, and provide you with some advice designed to help you to write a good report.

What is a Report?
In academia there is some overlap between reports and essays, and the two words are sometimes used interchangeably, but reports are more likely to be needed for business, scientific and technical subjects, and in the workplace.
Whereas an essay presents arguments and reasoning, a report concentrates on facts.

Essentially, a report is a short, sharp, concise document which is written for a particular purpose and audience. It generally sets outs and analyses a situation or problem, often making recommendations for future action. It is a factual paper, and needs to be clear and well-structured.

Requirements for the precise form and content of a report will vary between organisation and departments and in study between courses, from tutor to tutor, as well as between subjects, so it's worth finding out if there are any specific guidelines before you start.

Reports may contain some or all of the following elements:

A description of a sequence of events or a situation;

Some interpretation of the significance of these events or situation, whether solely your own analysis or informed by the views of others, always carefully referenced of course (see our page on Academic Referencing for more information);

An evaluation of the facts or the results of your research;

Discussion of the likely outcomes of future courses of action;

Your recommendations as to a course of action; and

Conclusions.

Not all of these elements will be essential in every report.

If you're writing a report in the workplace, check whether there are any standard guidelines or structure that you need to use.

For example, in the UK many government departments have outline structures for reports to ministers that must be followed exactly.

Sections and Numbering
A report is designed to lead people through the information in a structured way, but also to enable them to find the information that they want quickly and easily.
Reports usually, therefore, have numbered sections and subsections, and a clear and full contents page listing each heading. It follows that page numbering is important.

Modern word processors have features to add tables of contents (ToC) and page numbers as well as styled headings; you should take advantage of these as they update automatically as you edit your report, moving, adding or deleting sections.

Report Writing

Getting Started: prior preparation and planning
The structure of a report is very important to lead the reader through your thinking to a course of action and/or decision. It's worth taking a bit of time to plan it out beforehand.
Step 1: Know your brief
You will usually receive a clear brief for a report, including what you are studying and for whom the report should be prepared.
First of all, consider your brief very carefully and make sure that you are clear who the report is for (if you're a student then not just your tutor, but who it is supposed to be written for), and why you are writing it, as well as what you want the reader to do at the end of reading: make a decision or agree a recommendation, perhaps.

Step 2: Keep your brief in mind at all times
During your planning and writing, make sure that you keep your brief in mind: who are you writing for, and why are you writing?
All your thinking needs to be focused on that, which may require you to be ruthless in your reading and thinking. Anything irrelevant should be discarded.

As you read and research, try to organise your work into sections by theme, a bit like writing a Literature Review.

Make sure that you keep track of your references, especially for academic work. Although referencing is perhaps less important in the workplace, it's also important that you can substantiate any assertions that you make so it's helpful to keep track of your sources of information.

The Structure of a Report

Like the precise content, requirements for structure vary, so do check what's set out in any guidance.

However, as a rough guide, you should plan to include at the very least an executive summary, introduction, the main body of your report, and a section containing your conclusions and any recommendations.

Executive Summary

The executive summary or abstract, for a scientific report, is a brief summary of the contents. It's worth writing this last, when you know the key points to draw out. It should be no more than half a page to a page in length.

Remember the executive summary is designed to give busy 'executives' a quick summary of the contents of the report.

Introduction

The introduction sets out what you plan to say and provides a brief summary of the problem under discussion. It should also touch briefly on your conclusions.

Report Main Body

The main body of the report should be carefully structured in a way that leads the reader through the issue.

You should split it into sections using numbered sub-headings relating to themes or areas for consideration. For each theme, you should aim to set out clearly and concisely the main issue under discussion and any areas of difficulty or disagreement. It may also include experimental results. All the information that you present should be related back to the brief and the precise subject under discussion.

If it's not relevant, leave it out.

Conclusions and Recommendations

The conclusion sets out what inferences you draw from the information, including any experimental results. It may include recommendations, or these may be included in a separate section.

Recommendations suggest how you think the situation could be improved, and should be specific, achievable and measurable. If your recommendations have financial implications, you should set these out clearly, with estimated costs if possible.

A Word on Writing Style
When writing a report, your aim should be to be absolutely clear. Above all, it should be easy to read and understand, even to someone with little knowledge of the subject area.
You should therefore aim for crisp, precise text, using plain English, and shorter words rather than longer, with short sentences.

You should also avoid jargon. If you have to use specialist language, you should explain each word as you use it. If you find that you've had to explain more than about five words, you're probably using too much jargon, and need to replace some of it with simpler words.

Consider your audience. If the report is designed to be written for a particular person, check whether you should be writing it to 'you' or perhaps in the third person to a job role: 'The Chief Executive may like to consider...', or 'The minister is recommended to agree...', for example.

A Final Warning
As with any academic assignment or formal piece of writing, your work will benefit from being read over again and edited ruthlessly for sense and style.
Pay particular attention to whether all the information that you have included is relevant. Also remember to check tenses, which person you have written in, grammar and spelling. It's also worth one last check against any requirements on structure.

For an academic assignment, make sure that you have referenced fully and correctly. As always, check that you have not inadvertently or deliberately plagiarised or copied anything without acknowledging it.

Finally, ask yourself:
"Does my report fulfil its purpose?"
Only if the answer is a resounding 'yes' should you send it off to its intended recipient.

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Many academic assignments ask for a ‘report’ not an essay, reports are also widely used in the workplace. Learn what to include in a good report.

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When you hear the terms 'Lawyer' and 'Solicitor', it can be hard to know whether they mean the same thing. What is the key difference between them? Can you call a Solicitor a 'Lawyer'?

Here's a short break down of the common terms used to describe legal professionals:

Lawyer: A person with a certificate to practice Law. This includes Solicitors, Barristers, Judges and Corporate Counsel.

Solicitor: A person with a practising certificate that is not a Barrister or Judge.

Barrister: A Lawyer that passed the Bar Examination. They appear in Court on behalf of people and run technical arguments.

What does a Solicitor/Lawyer do?

In Australia, the term 'Lawyer' is used in exchange for the term 'Solicitor' when describing a qualified legal professional who provides advice. In order to be a practicing Lawyer, a person must have completed undergraduate or postgraduate tertiary study. Law graduates must complete Practical or Supervised Legal Training before seeking admission to the legal profession. Only then will a person hold a practicing certificate and be able to call themselves a Lawyer - and will most likely use the term Lawyer as this is what is commonly used in Australia.

A Solicitor/Lawyer:

Can provide legal advice to you on a range of matters.

Will usually work directly with you - often within an area of speciality that they focus on.

C an perform legal tasks and manage complex matters on your behalf.

Will take instructions from you and then provide legal advice and services.

Can negotiate on your behalf and will act in your best interests as your representative.

A Solicitor/Lawyer will, depending on the type of service required, gather information, calculate claims amounts, manage Family Law matters, and perform administration of Wills and Estates. If you have a matter that may proceed to Court, it is unlikely that your Solicitor will represent you in complicated matters. Instead, they will refer the matter to a Barrister who may act on your behalf in Court if required.

Other terms that fall under the 'Lawyer' umbrella

There are other legal professionals whose titles fall under the catch-all term 'Lawyer'.

Barrister

A Barrister is a legal professional and a Lawyer. A Barrister is known for advocacy and providing representation in court. To become a Barrister in Victoria, a person must be a practicing Lawyer and pass the entrance exam through the Victorian Bar. They must also complete an eight-week course and undergo seven months of supervised work under a mentor.

Many Barristers are experts in dispute resolution and are highly trained and experienced in anticipating outcomes for particular matters.

Barristers can provide clarity and legal guidance in complicated matters. They can often help settle matters before undertaking the unnecessary cost and worry of a trial.

Technically you would be correct in calling a Barrister a Lawyer, however the proper and preferred term is Barrister.

Barristers are independent and generally work in Chambers. Barristers are usually briefed by Lawyers to appear in matters.

Attorney

This is a term more commonly heard in the United States of America - it is quite unusual to hear the term 'Attorney' when referring to a Victorian legal practitioner. Much more common is the term 'Solicitor', or 'Lawyer', as it effectively means the same thing.

Occasionally you may hear the term 'Trademark Attorney', which is used to refer specifically to someone who provides representation in certain matters of Intellectual Property Law. The proper name for this person in Australia is 'Trademark Lawyer'.

Which is most commonly used in Australia?

It is common in Australia to hear someone referring to their 'Solicitor' when they are talking about their specialist legal practitioner. Usually, they mean 'Lawyer'. You will approach a Lawyer when you need general legal advice on a matter, and you will require the services of a Barrister if you have a complex matter and require representation in Court. Your Lawyer is the one who will provide instructions to a Barrister.
Rose Lawyers is your trusted legal representative on a range of matters. Whether you need comprehensive advice on Business or Property Law, or if you are seeking representation for a Family Law matter, we are here for you. Call us today for help with your legal matter on 03 9878 5222.

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Solicitor vs Lawyer - What is the difference? | Rose Lawyers

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When you hear the terms 'Lawyer' and 'Solicitor', it can be hard to know whether they mean the same thing. What is the key difference between them? Can you call a Solicitor a 'Lawyer'? Here's a short break down of the common terms used to describe legal professionals: Lawyer: A person with a certificate to practice Law.

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YOUR PATHWAY TO ADMISSIOn

How do you become a lawyer in Australia? What qualifications do you need?

Here's a few straightforward answers to these questions.

In order to be admitted as a lawyer in Australia, you need to satisfy three requirements

You've completed a law degree or equivalent course

You've undertaken a Practical Legal Training (PLT) program, which results in the award of the Graduate Diploma of Legal Practice

You're a fit and proper person.

1. law degree

There are key areas of knowledge you will have to pass to obtain a Law degree, they are known as the 'Priestley 11':

Administrative law

Civil Procedure

Company Law

Constitutional Law

Contracts

Criminal Law and Procedures

Equity (including Trusts)

Evidence

Professional Conduct (including Basic Trust Accounting)

Property, both Real (including Torrens System Land) and Personal

Torts

Beyond these basic requirements, individual Law Schools choose their own compulsory subjects and offer a broad range of elective courses.

It's worth noting the 'Stale Learning Rule', which means you have five years after you've graduated from law school to complete your PLT, or it won't be recognised.

2. Practical Legal Training

You need to do your PLT at the end of your university law degree - your Bachelor of Laws (LLB) or Juris Doctor (JD) or equivalent qualification.

Why? A Bachelor of Laws or Juris Doctor gives you the theoretical understanding of the law and fulfils only part of the criteria for admission to legal practice, as set forth by the Law Admissions Consultative Committee (LACC).

PLT is all about you developing the practical skills and knowledge you will need to practice as a graduate lawyer.

It is a combination of the study of subjects which help you learn the nuts and bolts of working in a firm or organisation as a professional lawyer and work experience under an approved senior practitioner.

3. Fit and Proper person

Of the three requirements you need to satisfy to be admitted as a lawyer in Australia, being deemed a 'fit and proper person' might seem the most mystifying. Essentially this is an issue of ethics - ensuring legal professionals charged with interpreting, arguing and in some cases, drafting the law are of good moral character.

The 'fit and proper person' requirement imposes a duty on you to disclose any criminal, academic or general misconduct that may reflect on whether you are a fit and proper person. It is quite a broad requirement, and it is worth looking into the rules imposed by the admitting authority in jurisdiction in which you are seeking admission as a lawyer.
Admitting authorities

international students and lawyers

The requirements for admission to practise law in Australia vary according to where your law degree was obtained, whether you have already been admitted to practise and where you are living.
International Students and Lawyers

General Information

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YOUR PATHWAY TO ADMISSIOn How do you become a lawyer in Australia? What qualifications do you need? Here's a few straightforward answers to these questions. In order to be admitted as a lawyer in Australia, you need to satisfy three requirements You've completed a law degree or equivalent course You've undertaken a Practical Legal Training (PLT) program, which results in the award of the Graduate Diploma of Legal Practice You're a fit and proper person.

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The content on this page was last reviewed on 24 April 2017.

Recent cases alert
R v Doherty [2019] NSWDC 515 - offender may have been vulnerable to a flawed thinking process but that does not significantly reduce offender's moral culpability nor do offender's psychological conditions make offender less of an appropriate vehicle for specific and general deterrence
R v Khan (No 11) [2019] NSWSC 594 - mental health considerations will not significantly moderate relevance of general deterrence in terrorism offences.
Dennis v The Queen [2017] VSCA 251 - fourth limb of Verdins principles not enlivened where mental condition did not prevent offender from exercising choice between engaging in conduct or abstaining from it even though mental condition made it difficult for offender to learn from his mistakes.
*Guidance from these cases has not yet been incorporated into the commentary

Section 16A(2)(m) requires a court to take into account various factors personal to the offender including their mental condition:

Section 16A

(2) In addition to any other matters, the court must take into account such of the following matters as are relevant and known to the court:
...
(m) the character, antecedents, age, means and physical or mental condition of the person

Part IB, Division 9 of the Crimes Act 1914 (Cth) details different schemes available to courts sentencing federal offenders with a mental illness and/or an intellectual disability. For further information see federal commentary:
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The Crimes Act 1914 (Cth) does not define 'mental condition', 'mental illness' or 'intellectual disability'.

The meaning of 'mental condition' in s 16A(2)(m) was considered in which reformulated sentencing principles first expressed in R v Tsiaras [1996] 1 VR 398. However, the Court in Verdins held that sentencing considerations regarding mental condition are not confined to a 'serious psychiatric illness' as it was in R v Tsiaras. The plurality in Verdins held at [5]:

The sentencing considerations identified in R v Tsiaras are not - and were not intended to be - applicable only to cases of "serious psychiatric illness." One or more of those considerations may be applicable in any case where the offender is shown to have been suffering at the time of the offence (and/or to be suffering at the time of sentencing) from a mental disorder or abnormality or an impairment of mental function, whether or not the condition in question would properly be described as a (serious) mental illness.

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In DPP (Cth) v De La Rosa, McClellan CJ at CL (Simpson J and Barr AJ agreeing) held that despite an absence of legislative clarity, all aspects of an offender's mental health and capacity must be considered when sentencing for a federal offence. McClellan CJ at CL stated at [171]:

Although an amendment which clarified the position would be advisable, the common law deals with the present situation. In DPP (Cth) v El Karhani (1990) 51 A Crim R 123, this Court determined (at 378) that the ss 16A and 16B catalogue of matters to which a court must have regard when sentencing a person for a federal offence is not comprehensive and further, that Part 1B is not exhaustive: see Putland at 181. The obvious example is the omission from s 16A(2) of any reference to general deterrence. The same reasoning would require the court to have regard to a person's mental health or mental capacity. Whether because they are within the meaning of "mental condition" in s 16A(2)(m) or because they are required to be considered by the common law, all aspects of an offender's mental health and mental capacity must be considered when sentencing that person ... (emphasis added).

Simpson J, adding to the reasons of McClellan CJ at CL, made the following observation at [180] with which McClellan CJ at CL and Barr AJ agreed:

In my experience, as a sentencing judge, and having observed sentencing practices from this Court, distress and anxiety, referable to the anticipated sentencing process, will be taken into account - where demonstrated. It will not be presumed. To fail to take it into account, where there is relevant accepted evidence, would, in the case of federal sentencing, be contrary to s 16A(2)(m). The weight to be accorded to such evidence will vary from case to case.

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The need for distress and anxiety to be actually demonstrated as opposed to presumed was reiterated by the High Court in Bui v Director of Public Prosecutions (Cth) [2012] HCA 1, [21-23, 28]. The Court stated at [28]:

[P]resumed anxiety and distress on re-sentencing is not one of the matters to which the Court is to have regard under sub-s (2)...

A psychiatric illness must be established via independent assessment and diagnosis. Latham J held in Kaveh v The Queen [2017] NSWCCA 52 at [27]:

I am unpersuaded that her Honour was not entitled to reject Mr Gorrell's [the psychiatrist's] 'diagnosis' of PTSD. His reference to the 2010 diagnosis by a psychiatric registrar arguably underpinned every reference to PTSD thereafter. Simply recording the fact that the applicant expressed feelings consistent with some of the DSM 5 criteria for PTSD, and attaching those criteria to his report, falls short, in my view, of an independent diagnosis. Mr Gorrell was not qualified to make a definitive diagnosis. It remained doubtful that the applicant had established the diagnosis to the relevant standard (emphasis added).

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In R v Z [2006] NSWCCA 342, [53], Beazley JA (Howie J agreeing) endorsed the following paragraph from Channon v The Queen [1978] FCA 16. In Brennan J identified the varying ways in which an offender's mental condition may influence sentencing. At [7]:

Psychiatric abnormality falling short of insanity is frequently found to be a cause of, or a factor contributing to, criminal conduct. The sentencing of an offender in cases of that kind is inevitably difficult. The difficulty arises in part because the factors which affect the sentence give differing significance to an offender's psychiatric abnormality. An abnormality may reduce the moral culpability of the offender and the deliberation which attended his criminal conduct; yet it may mark him as a more intractable subject for reform than one who is not so affected, or even as one who is so likely to offend again that he should be removed from society for a lengthy or indeterminate period. The abnormality may seem, on one view, to lead towards a lenient sentence, and on another to a sentence which is severe (emphasis added).

5.1 Mental Condition as a mitigating factor

Courts have identified a number of circumstances in which an offender's mental condition may have a mitigating effect on the sentence imposed.

In R v Verdins [2007] VSCA 102, the Victorian Court of Appeal reformulated sentencing principles first expressed in R v Tsiaras [1996] 1 VR 398, 400. The Court in stated at [32] that mental condition may be relevant in at least the following six ways:

1. The condition may reduce the moral culpability of the offending conduct, as distinct from the offender's legal responsibility. Where that is so, the condition affects the punishment that is just in all the circumstances; and denunciation is less likely to be a relevant sentencing objective.

2. The condition may have a bearing on the kind of sentence that is imposed and the conditions in which it should be served.

3. Whether general deterrence should be moderated or eliminated as a sentencing consideration depends upon the nature and severity of the symptoms exhibited by the offender, and the effect of the condition on the mental capacity of the offender, whether at the time of the offending or at the date of sentence or both.

4. Whether specific deterrence should be moderated or eliminated as a sentencing consideration likewise depends upon the nature and severity of the symptoms of the condition as exhibited by the offender, and the effect of the condition on the mental capacity of the offender, whether at the time of the offending or at the date of the sentence or both.

5. The existence of the condition at the date of sentencing (or its foreseeable recurrence) may mean that a given sentence will weigh more heavily on the offender than it would on a person in normal health.

6. Where there is a serious risk of imprisonment having a significant adverse effect on the offender's mental health, this will be a factor tending to mitigate punishment.

For federal sentencing commentary on Verdins principles 3 and 4, see: Deterrence.

5.1.1 Mental Condition and culpability

Culpability goes to the first Verdins principle. An offender's moral culpability may be reduced if they have a mental condition which, while falling short of an excuse at law, contributes to the commission of the offence.

In R v Z [2006] NSWCCA 342 at [48], Beazley JA extracted the following passage from the state sentencing case of R v Israil [2002] NSWCCA 255, [23]:

To the extent that mental illness explains the offence ... then an offender's inability to understand the wrongfulness of his actions, or to make reasonable judgments, or to control his or her faculties and emotions, will impact on the level of culpability of the offender, even where the illness does not amount to an excuse at law.

In Thompson v The Queen [2005] WASCA 223, Steytler P (McLure JA agreeing) indicated at [53] that:

[T]he greater the contribution of the psychiatric illness, the more the moral culpability will be lessened. To the extent that there is a moral lessening of culpability, that should be reflected in the penalty imposed... (emphasis added).

5.1.1.1 Causal connection required

The offender's mental condition must be causally connected to the commission of the offence for the offender's moral culpability to be lessened. In Ibrahim v The Queen [2016] NSWCCA 6, Bellew J (MacFarlan JA and Rothman J agreeing) held at [36]:

[The psychologist] did not suggest that the applicant's mental state was causally connected to her offending. Accordingly, the applicant's mental state did not provide any basis for a lessening of her moral culpability (emphasis added).

In R v Thorn [2016] ACTSC 217, Refshauge J observed that while the offender suffered from mental impairment, it was not at such a level as to be causative to his offending. His Honour held at [77]:

My assessment is that Mr Thorn's mental impairment is a significant indirect contributor to his offending. It seems to me he is vulnerable and easily led, with some limited capacity to appreciate all the consequences of his actions. Nevertheless, his participation in the offending had a significant level of culpability. I do not consider that his mental impairment contributed directly in any significant way to the commission of these offences (emphasis added).

5.1.1.2 Impairment of mental functioning must be involuntary

Impairment of mental functioning must be involuntary to allow moral culpability to be reduced. For example, in DPP (Cth) v Boyles [2016] VSCA 267, the first limb of the Verdins principle was not enlivened as the offender had chosen not to take prescription medication when he was aware of the adverse effects of not doing so. Maxwell P and Osborn JA (Tate JA agreeing) held at [42]-[43]:

Where Verdins 1 is relied on in mitigation, the offender must establish that his mental functioning was impaired involuntarily. That is, his ability to reason or make decisions was adversely affected by a mental condition beyond his control, such that he should be regarded as less morally culpable for the offending than someone who had not been so affected.

In the present case, the fundamental cause of the active bipolar state in which RB committed the offences was his own choice not to take medication prescribed by a specialist medical practitioner. He well knew the nature of the condition he was suffering from and he knew that, in the absence of medication, his mood and behaviour might be affected (emphasis added; footnotes omitted).

5.1.2 Mental Condition and sentence conditions imposed

Sentence conditions imposed goes to the second Verdins principle. The offender's mental condition may have a bearing on what sentence conditions are imposed. In R v White [2016] ACTSC 237, Elkaim J considered alternatives to a custodial sentence. At [29]-[30], [32]:

I have come to the conclusion that the offender's mental disability, which he suffers, has suffered at all relevant times, and will continue to suffer, should be regarded as an exceptional circumstance. It affects not only his moral culpability in the offence but also, as noted by the Crown, the offender would "run a high risk of suicide" if sentenced to full-time imprisonment.

I therefore do not propose to impose a sentence of full-time imprisonment.
...

I have come to the conclusion that the appropriate course I should take is by way of a term of imprisonment which is suspended with immediate effect together with a Good Behaviour Order and Recognizance Order with appropriate conditions. The only condition suggested by the defence, and the Crown, related to the offender attending appropriate counselling. I will impose such a condition (emphasis added).

See further: Additional Sentencing Alternatives.

5.1.3 Mental Condition and the effect of a custodial sentence

Effect of a custodial sentence goes to the fifth and sixth Verdins principles. In the case of an offender with a mental condition, particular consideration must be given to the effect of any custodial sentence on that person.

For example, in R v Kent [2009] VSC 375, the offender pleaded guilty to one count of being a member of a terrorist organisation and one count of making a document connected with preparation for a terrorist act. Bongiorno JA considered the effect of a high security prison on the offender's mental state, where the offender suffered from depressive disorder and substance abuse. It was observed at [41]:

The fact that Kent is currently suffering a psychiatric disorder... makes it appropriate to take into account the probable conditions under which he will serve his sentence and the effect of those conditions on his psychological state.

In R v Joffe; R v Stromer [2015] NSWSC 741, Hulme J considered a custodial sentence would be more onerous for the offender as the offender suffered from anorexia nervosa. A custodial sentence was imposed with an immediate recognizance release order.

However in R v Donald [2013] NSWCCA 238, where the offender suffered from bipolar disorder, Latham J (Hidden and Adamson JJ agreeing) did not accept that the offender's mental condition would make a custodial sentence more onerous as there was no evidentiary basis the sentence would be more burdensome for the offender than other offenders. The court held at [77]:

I also accept the Crown's submission that there was no evidentiary basis for the finding that the respondent's time in custody would weigh more heavily upon him than other offenders. The evidence established that the bipolar disorder was in remission and that the respondent was adequately medicated. There was no basis to assume that the respondent would not receive appropriate treatment in custody (emphasis added).

See further: Hardship to the Offender: Mental Condition.

5.2 Mental Condition and other sentencing considerations

In R v Z [2006] NSWCCA 342, Beazley JA (Howie J agreeing) noted the observations of Malcom CJ in the state sentencing case of Lauritsen v The Queen [2000] WASCA 203, [48]. At [50]:

[M]ental illness is not only relevant to assessing culpability, in which case it must be shown to have contributed to the offence, but it is also relevant to assessing the level of danger the offender presents and the appropriate way in which the offender is to be rehabilitated. The mental illness should be taken into account in sentencing whether or not it played a part in the commission of the offence, but not with the consequence of the imposition of a sentence which exceeds the seriousness of the offence (emphasis added).

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The rehabilitative prospects of an offender suffering from a mental condition may be considered in sentencing. However, courts should remain conscious of s 16A(2)(n), which refers specifically to the offender's prospect of rehabilitation.

See further: Rehabilitation.
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National Judicial College of Australia (CSD)

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Sentencing Factors- Mental Illness | National Judicial College of Australia (CSD)

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The content on this page was last reviewed on 24 April 2017. Recent cases alert R v Doherty [2019] NSWDC 515 - offender may have been vulnerable to a flawed thinking process but that does not significantly reduce offender's moral culpability nor do offender's psychological conditions make offender less of an appropriate vehicle for specific and general deterrence R v Khan (No 11) [2019] NSWSC 594 - mental health considerations will not significantly moderate relevance of general deterrence in terrorism offences.

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Overview of the criminal justice system in Victoria questions

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Forensic Investigators: Matthew De Gruchy | Forensic Science Documentary | Reel Truth Science

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Sentencing in Victoria is governed by a combination of legislation (laws made by parliament) and common law (laws made by the courts). Three arms of government are involved in sentencing:

the legislature (parliament)

the judiciary (courts)

the executive (ministers and administrative entities).

Parliament makes the legislation that defines what an offence is and the maximum penalty that can be imposed on someone convicted of the offence.

Courts are independent of parliament. However, courts must interpret and apply laws within the framework that parliament sets.

The executive arm of government includes agencies that run correctional services, such as prisons and youth detention centres. Correctional services also supervise offenders who have been sentenced to community correction orders.

The adult and youth parole boards are also part of the executive arm of government. Parole boards decide whether a person should be released on parole and supervise people who are granted parole. Parole boards are independent of parliament and the courts.

Legislation Relating to Sentencing

The most important piece of legislation affecting sentencing in Victoria is the Sentencing Act 1991 (Vic). It sets out:

Most indictable offences (serious offences) in Victoria are set out in the Crimes Act 1958 (Vic). Most summary offences (less serious offences) are set out in the Summary Offences Act 1966 (Vic). Some offences are set out in other legislation, such as the Drugs, Poisons and Controlled Substances Act 1981 (Vic) and the Road Safety Act 1986 (Vic).

People in Victoria can be charged and tried under both Victorian and Commonwealth laws. Victorian courts can sentence both Victorian and Commonwealth offences.

When sentencing an offender for a Victorian offence, Victorian courts apply the powers they have under:

the Sentencing Act 1991 (Vic) when sentencing an adult

the Children, Youth and Families Act 2005 (Vic) when sentencing a child.

When sentencing an offender for a Commonwealth offence, Victorian courts generally apply the powers they have under the Commonwealth Crimes Act 1914 (Cth).

Victorian Legislation

Victorian Acts and other legislation are found on the Victorian Legislation website.

Some key Victorian Acts relating to sentencing matters are:

Information about Commonwealth legislation can be found on the Federal Register of Legislation.

The information on this page (except all logos and any third-party content linked to from this page) is licensed under a Creative Commons Attribution 4.0 International License.

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Sentencing in Victoria is governed by a combination of legislation (laws made by parliament) and common law (laws made by the courts). Three arms of government are involved in sentencing: the legislature (parliament) the judiciary (courts) the executive (ministers and administrative entities).