Dr Tanya Mitchell

BA LLB (Adelaide) GradCertLegalPrac (UniSA) PhD (Sydney)
Senior Lecturer

F10 - Law School (Camperdown)
The University of Sydney

Telephone +61 2 9351 0308
Fax +61 2 9351 0200

Biographical details

Tanya Mitchell is admitted as a Legal Practitioner to the Supreme Courts of SA and NSW. As a practitioner she was an Associate to the Honourable Justice Wicks in the Supreme Court of South Australia, spent a short time as a litigator with Blake Dawson Waldron (as it then was) and then became a Senior Solicitor-Advocate with the Aboriginal Legal Service in New South Wales (SRACLS) and the North Australian Aboriginal Justice Agency based in East Arnhem Land. In 2006 she returned to South Australia to participate in the Children in State Care Commission of Inquiry into the sexual abuse of children in State Care under the auspices of the Honourable Mullighan QC. She then travelled overseas and lived and worked in Istanbul and Addis Ababa. Her specialisation is criminal law and procedure. She is currently writing a PhD on criminal procedure with a focus on the historical development of the summary criminal jurisdiction in particular and the concept of jurisdiction more broadly.

Research interests

  • Criminal law
  • Criminal procedure

Teaching and supervision

  • Criminal Law
  • Civil and Criminal Procedure
  • Indigenous People and the Law

Selected publications

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Book Chapters

  • Mitchell, T. (2015). Criminalisation of Aboriginal People: Development of the Summary Jurisdiction. In Thomas Crofts, Arlie Loughnan (Eds.), Criminalisation and Criminal Responsibility in Australia, (pp. 55-67). Melbourne, Australia: Oxford University Press.

Journals

  • Mitchell, T. (2018). A Dilemma at the Heart of the Criminal Law: The Summary Jurisdiction, Family Violence, and the Over-incarceration of Aboriginal and Torres Strait Islander Peoples (forthcoming). University of Western Australia Law Review.
  • Mitchell, T. (2018). The Rise to Prominence of the Victim in the Summary Criminal Jurisdiction in the 20th Century. Law & History, 5(2), 30-54.
  • Crofts, T., Mitchell, T. (2011). Prohibited Behaviour Orders and Indigenous Overrepresentation in the Criminal Justice System. Current Issues in Criminal Justice, 23(2), 277-285.
  • Mitchell, T. (2011). The Presumption of Innocence: Evidential and Human Rights Perspectives. Current Issues in Criminal Justice, 22(3), 505-509.

Conferences

  • Crofts, T., Mitchell, T. (2011). Policy Transfer and Indigenous Overrepresentation in the Criminal Justice System (Presentation). Crime, Justice and Social Democracy: An International Conference, Brisbane: School of Justice, Faculty of Law, Queensland University of Technology.

Other

  • Loughnan, A., McKay, C., Mitchell, T., Shackel, R. (2018), Joint submission to the NSW Law Reform Commission on behalf of the Institute of Criminology: Review of s 61HA of the Crimes Act 1900 (NSW).
  • Hamer, D., Anthony, T., Biber, K., Crofts, P., Dennis, I., Douglas, H., Eburn, M., Edmond, G., Farrar, S., Hopkins, A., Kumar, M., Loughnan, A., Mitchell, T., et al (2012), Submission on Exposure Draft: Evidence Amendment (Evidence of Silence) Bill 2012.

2018

  • Mitchell, T. (2018). A Dilemma at the Heart of the Criminal Law: The Summary Jurisdiction, Family Violence, and the Over-incarceration of Aboriginal and Torres Strait Islander Peoples (forthcoming). University of Western Australia Law Review.
  • Loughnan, A., McKay, C., Mitchell, T., Shackel, R. (2018), Joint submission to the NSW Law Reform Commission on behalf of the Institute of Criminology: Review of s 61HA of the Crimes Act 1900 (NSW).
  • Mitchell, T. (2018). The Rise to Prominence of the Victim in the Summary Criminal Jurisdiction in the 20th Century. Law & History, 5(2), 30-54.

2015

  • Mitchell, T. (2015). Criminalisation of Aboriginal People: Development of the Summary Jurisdiction. In Thomas Crofts, Arlie Loughnan (Eds.), Criminalisation and Criminal Responsibility in Australia, (pp. 55-67). Melbourne, Australia: Oxford University Press.

2012

  • Hamer, D., Anthony, T., Biber, K., Crofts, P., Dennis, I., Douglas, H., Eburn, M., Edmond, G., Farrar, S., Hopkins, A., Kumar, M., Loughnan, A., Mitchell, T., et al (2012), Submission on Exposure Draft: Evidence Amendment (Evidence of Silence) Bill 2012.

2011

  • Crofts, T., Mitchell, T. (2011). Policy Transfer and Indigenous Overrepresentation in the Criminal Justice System (Presentation). Crime, Justice and Social Democracy: An International Conference, Brisbane: School of Justice, Faculty of Law, Queensland University of Technology.
  • Crofts, T., Mitchell, T. (2011). Prohibited Behaviour Orders and Indigenous Overrepresentation in the Criminal Justice System. Current Issues in Criminal Justice, 23(2), 277-285.
  • Mitchell, T. (2011). The Presumption of Innocence: Evidential and Human Rights Perspectives. Current Issues in Criminal Justice, 22(3), 505-509.

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