Ms Melanie Schwartz

Melanie is a Senior Lecturer in the Faculty of Law. She teaches and convenes Criminal Laws, Advanced Criminal Law and teaches into the Indigenous programs in the Faculty, including the pre-law program and the winter school. She convenes the criminal justice stream in the Diploma of Humanities.

Melanie is currently a Chief Investigator on two ARC Discovery grants: the Rethinking Community Sanctions Project, which explores alternative punishments to imprisonment, and research into access to justice for Indigenous people in civi land family law.  She has recently completed three further ARC grants: a Linkage grant exploring the civil and family law needs of Aboriginal and Torres Strait Islander people in Australia (http://www.jcu.edu.au/ilnp/), the Australian Justice Reinvestment Project (www.justicereinvestment.unsw.edu.au) investigating the potential for a justice reinvestment approach to reducing incarcerating levels in the Australian context, and the Youth Punishment Project (www.cypp.unsw.edu.au), exploring our attitudes to the punishment of young people.

In 2009 Melanie was awarded the UNSW Vice Chancellor’s Award for Teaching Excellence and in 2010, was highly commended in the LexisNexis-ALTA Awards for Innovation in the Teaching of Law (Australasia). In 2018 she was awarded the UNSW Presidents Award for Embraces Diversity, and in 2017 was runner up in the Respect category. 

She is an Editor in Chief of the Australian Journal of Human Rights and member of the editorial board of the Indigenous Law Bulletin.

Between 2015-2018 Melanie chaired the Law Faculty's Equity, Diversity and Inclusion Committee. She is currently Deputy Academic Lead for the UNSW Athena SWAN gender equity Self Assessment Team.

Profile Picture
Book Chapters

Schwartz M; Allison F; Cunneen C, 2017, 'The Civil and Family Law Needs of Indigenous People Forty Years After Sackville: The findings of the Indigenous Legal Needs Project', in Law and Poverty: 40 Years after the Commission of Inquiry into Poverty, Federation Press, Sydney

Schwartz M, 2017, 'Indigenous People and Access to Justice in Civil and Family Law', in Flynn A; Hodgson J (ed.), ACCESS TO JUSTICE AND LEGAL AID: COMPARATIVE PERSPECTIVES ON UNMET LEGAL NEED, HART PUBL, pp. 269 - 285, http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcApp=PARTNER_APP&SrcAuth=LinksAMR&KeyUT=WOS:000402050200015&DestLinkType=FullRecord&DestApp=ALL_WOS&UsrCustomerID=891bb5ab6ba270e68a

Brown D; Cunneen C; Schwartz M; Stubbs J; Young C, 2016, 'Justice Reinvestment as Social Justice', in The Routledge International Handbook of Criminology and Human Rights, Routledge, pp. 309 - 318

Schwartz M; Olijnyk A, 2016, 'A Restorative Justice Approach', in Constitutional Critical Thinking: Re-reading Monis v The Queen

Schwartz M, 2015, 'Criminalisation and Drugs: What Should We Do About Cannabis?', in Crofts T; Loughnan A (ed.), Criminalisation and Criminal Responsibility in Australia, Oxford University Press, USA

Steel AD; schwartz M, 2014, 'Broader Social Context as a Lens for Learning: Teaching Criminal Law', in Disciplines: The Lenses of Learning, Common Ground, USA, pp. 9 - 24

Books

Clear T; Marchetti E; McNamara L, 2016, Justice Reinvestment: Winding Back Imprisonment, 1, UNIV SYDNEY, LAW SCH, INST CRIMINOLOGY, http://dx.doi.org/10.1080/10345329.2016.12036063

Schwartz M; Brown D; Farrier D; McNamara L; Steel A; Grewcock M; Quilter J; Schwartz M, 2015, Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales, 6th Edition, The Federation Press, Sydney

Schwartz M; Brown D; Farrier D; McNamara L; Steel A; Grewcock M; Quilter J; Schwartz M, 2015, Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales, 6th Edition, The Federation Press, Sydney

Schwartz M; Brown D; Farrier D; McNamara L; Steel A; Grewcock M; Quilter J; Schwartz M, 2015, Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales, 6th Edition, The Federation Press, Sydney

Brown D; Cunneen C; Baldry E; Brown M; Steel A; Schwartz M, 2013, Penal Culture and hyperincarceration: The revival of the prison, Ashgate, London

Cunneen C; Baldry E; Brown D; Brown M; Schwartz M; Steel A, 2013, Penal Culture and Hyperincarceration: The Revival of the Prison, Advances in Criminology, ASHGATE PUBLISHING LTD, http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcApp=PARTNER_APP&SrcAuth=LinksAMR&KeyUT=WOS:000352307500010&DestLinkType=FullRecord&DestApp=ALL_WOS&UsrCustomerID=891bb5ab6ba270e68a

Conference Papers

Schwartz M, 2017, 'Retaining our Best: Reflections on the experiences of Indigenous students at UNSW Sydney Law', Research in Legal Education Conference, UNSW Sydney, presented at Research in Legal Education Conference, UNSW Sydney, 04 - 04 December 2017

Schwartz M, 2016, 'Contemporary juvenile justice policy and practice: Australia and England and Wales’', American Society of Criminology Conference, New Orleans, presented at American Society of Criminology Conference, New Orleans, 16 - 19 November 2016

Cunneen C; Schwartz M, 2013, 'A cautious approach to Justice Reinvestment', Criminal Lawyers Association of the Northern Territory, presented at Criminal Lawyers Association of the Northern Territory, 01 - 01 June 2013

Schwartz M, 2011, 'Old Wine in a new bottle? The potential for Justice Reinvestment in reducing offending in Australian Indigenous communities', Extremes in Justice, Bali, presented at Extremes in Justice, Bali, 30 - 30 June 2011

Schwartz M, 2010, 'The Australian Prisons Project', ICOPA 13: Abolition, Reform and the Politics of Global Incarceration, Belfast, presented at ICOPA 13: Abolition, Reform and the Politics of Global Incarceration, Belfast, 23 - 25 June 2010

Schwartz M, 2009, 'From Crisis to Crime: the escalation of civil and family law issues to criminal matters in Aboriginal communities in NSW', Criminal Justice: Diagnosis Terminal?, Bali, presented at Criminal Justice: Diagnosis Terminal?, Bali, 28 - 28 June 2009

Conference Presentations

Schwartz M; Stubbs J; Brown D, 2018, 'Rethinking Community Sanctions in the C21st: The Challenge of Imaginary Penalities for Community Sector Organisations', presented at Critical Criminology and Social Justice Conference, 26 - 26 September 2018

Schwartz M, 2015, 'The Civil and Family Law Needs of Aboriginal and Torres Strait Islander People in Australia: The Indigenous Legal Needs Project', presented at ACCC Consumer Conference, 20 - 20 March 2015

Schwartz M, 2015, 'The value of justice targets and a justice reinvestment approach', presented at UNSW Criminologists in Conversation, 12 - 12 October 2015

Brown D; Schwartz M; Stubbs J; Young C, 2014, 'Justice Reinvestment: Winding back imprisonment?', presented at Australian and New Zealand Society of Criminology Conference, Sydney University Law School, 02 - 02 October 2014

Schwartz M, 2014, 'Oral submission to Productivity Commission inquiry into Access to Justice Arrangements', presented at Productivity Commission inquiry into Access to Justice Arrangements, 01 - 01 January 2014

Cunneen C; Schwartz M, 2013, 'A cautious approach to Justice Reinvestment', presented at Growing the NT Fairly Changes and Challenges Conference, 29 - 29 May 2013

Journal articles

Schwartz M, 2018, 'Retaining our best: imposter syndrome, cultural safety, complex lives and Indigenous student experiences of law school', Legal Education Review, vol. 28, https://ler.scholasticahq.com/article/7455-retaining-our-best-imposter-syndrome-cultural-safety-complex-lives-and-indigenous-student-experiences-of-law-school

Schwartz M, 2017, 'Low-end penalty, big-time impact: The effect of fines on indigenous people', Indigenous Law Bulletin, vol. Volume 8, pp. 14 - 17

Cunneen C; Allison F; Schwartz M, 2014, 'Access to justice for Aboriginal People in the Northern Territory', Australian Journal of Social Issues, vol. 49, pp. 219 - 240, http://search.proquest.com/docview/1549546309?accountid=12763

Allison F; Schwartz M; Cunneen C, 2013, 'Thats Discrimination! Indigenous Peoples Experiences of Discrimination in the Northern Territory', Indigenous Law Bulletin, vol. 8, pp. 8 - 12

Schwartz M, 2013, 'Invoking Cultural Awareness Through Teaching Indigenous Issues in Criminal Law Procedure', Legal Education Review, vol. 23, pp. 31 - 56, http://www.ler.edu.au/

Schwartz M, 2010, 'Building Communities, Not Prisons: Justice Reinvestment and Indigenous Over-representation', Australian Indigenous Law Review, vol. 14, pp. 2 - 2

Schwartz M; Cunneen C, 2009, 'Civil and Family Law Needs of Indigenous people in New South Wales: the Priority Areas', University of New South Wales Law Journal, vol. 32

Schwartz M; Cunneen C, 2009, 'From Crisis to Crime: the escalation of civil and family law issues to criminal matters in Aboriginal communities in NSW', Indigenous Law Bulletin, vol. 7

Schwartz M; Cunneen C, 2009, 'Working Cheaper, Working Harder: Inequity in Funding for Aboriginal and Torres Strait Islander Legal Services', Indigenous Law Bulletin, vol. 7, pp. 19

Cunneen C; Schwartz M, 2008, 'Funding Aboriginal and Torres Strait Islander Legal Services: Issues of Equity and Access', Criminal Law Journal, vol. 32, pp. 38 - 53

Schwartz M, 2007, 'Policing the Territory: A Comment on the Emergency Response to Little Children are Sacred', Indigenous Law Bulletin, vol. 6, pp. 9

Media

Schwartz M; Cunneen C, 2016, In focus: Is a Royal commission the best response to the juvenile justice crisis?

Schwartz M; Cunneen C, 2016, Is a royal commission the best response to the NT juvenile justice crisis?

Schwartz M, 2014, Redressing over-incarceration, addressing human rights: what can justice reinvestment do in Australia?

Schwartz M, 2013, Redressing Indigenous over-representation in the criminal justice system with Justice Reinvestment

Schwartz M, 2009, More in jail as Australia tinkers with justice system, http://www.abc.net.au/news/stories/2009/06/17/2600347.htm

Schwartz M, 2007, Indigenous Justice Agreements: the current policy framework

Other

Schwartz M, 2018, Retaining our Best: Reflections on the experiences of Indigenous students at UNSW Sydney Law, Nura Gili Research Seminar Series, UNSW Sydney

Schwartz M; Shockman B; cunneen C, 2016, Workshop on Practical Implementation of Justice Reinvestment Projects in Indigenous Communities (13 and 14 October 2015): final report., http://justicereinvestment.unsw.edu.au/sites/justicereinvestment.unsw.edu.au/files/Justice%20Reinvestment%20Workshop%20-%20Final%20Report.pdf

Mann T (ed.), 2013, Aboriginal deaths in custody”; “aggravation”; “circle sentencing”; “automatism”; and “Koori courts", Oxford University Press, Sydney

Reports

McNamara L; Stubbs J; Gibbon H; Schwartz M; Steel A; Fileborn B, 2019, Submission to the NSW Law Reform Commission inquiry into consent in relation to sexual offences, https://www.lawreform.justice.nsw.gov.au/Documents/Current-projects/Consent/Submissions/CO13.pdf

McNamara L; Stubbs J; Gibbon H; Schwartz M; Steel A, 2019, Submission in response to the NSW Law Reform Commission’s Consent in Relation to Sexual Assault

Schwartz M; Brown DB; Cunneen C, 2018, Justice Reinvestment, Indigenous Justice Clearing House, Australian Government Canberra, Indigenous Justice Clearing House

Schwartz M; cunneen ; Allison F; Guthrie J, 2017, Submission to the Australian Law Reform Commission Inquiry into the incarceration rate of Aboriginal and Torres Strait Islander peoples

Schwartz M; Van Gent A; Russell S, 2017, Submission to the NSW Legislative Assembly Law and Safety Committee Inquiry into the adequacy of youth diversionary programs in NSW

Allison F; Cunneen C; Schwartz M, 2015, Submission to the Senate Inquiry into Access to Legal Assistance Services

Schwartz M; Cunneen C; Allison F, 2014, The Civil and Family Law Needs of Indigenous people in Queensland, Australia

Schwartz M; Allison F; Cunneen C, 2014, The Civil and Family Law Needs of Indigenous People in Western Australia, Cairns Institute, James Cook University, Cairns, Australia

Schwartz M; Cunneen C; Allison F, 2014, Indigenous Legal Needs Project - Submission to Productivity Commission’s Inquiry into Access to Justice Arrangements, Australia

Schwartz M; Cunneen C, 2014, Review of the Legal Aid NSW Aboriginal Field Officer pilot program in civil and family law, Australia

Schwartz M; Cunneen C; Allison F, 2013, The Civil and Family Law Needs of Indigenous people in Victoria, Australia

Stubbs J; Brown D; Cunneen C; Schwartz M; Young C, 2013, Submission No 114 to Senate Standing Committee on Legal and Constitutional Affairs, Parliament of Australia, Value of a justice reinvestment approach to criminal justice in Australia, 20 June 2013., Senate Standing Committee on Legal and Constitutional Affairs

Schwartz M; Cunneen C; Allison F, 2011, The Indigenous Legal Needs Project: NT Report, Australia

Schwartz M; Baldry E; Cunneen C; Brown D; Brown M; Steel A, 2011, Submission to the NSW Law Reform Commission review of the Bail Act NSW (1978), Australia

Cunneen C; Schwartz M, 2009, Submission to the Senate Legal and Constitutional Affairs Committee Inquiry into Access to Justice

Schwartz M, 2009, Evaluation of Prison Fellowship Australia’s Breaking the Cycle of Crime Program (for Children of Prisoners), Australia

Schwartz M; Cunneen C, 2008, The Family and Civil Law Needs of Aboriginal People In New South Wales: Final Report, Australia