My thesis examines the treatment of women who kill their violent male partners within the Australian criminal justice system. The primary aim of my study is to examine the circumstances in which women kill their violent partners and to explore the ability of the criminal law to have proper regard to these circumstances. The interaction between the criminal law and battered women who kill their violent partners is a topical issue that has generated substantial interest and debate in many western countries. My thesis provides an empirical study detailing the legal outcome and circumstances of the killing in the 76 cases identified where women have killed their male partner. In the context of these findings, I examine reliance on the various defences to murder (diminished responsibility, provocation, lack of the requisite intent for murder, self-defence, insanity and automatism). The argument advanced is that the current approach of the Australian criminal justice system to battered women who kill reveals sympathy for their situation, but a failure to adequately consider whether these circumstances provide the basis for self-defence. I examine the procedural rules that interact with the substantive law of self-defence to constrain a battered woman's ability to convey the reality of her experience of violence to the fact-finder. In facilitating reliance on self-defence, I propose a shift in the current evidentiary approach to battered women who kill from the 'battered woman syndrome' framework to the reception of social framework evidence in its own right. My thesis also includes a consideration of the judicial approach in sentencing women who kill their violent partners. My analysis suggests that there is sympathy for the woman's situation, however there is not an adequate recognition of the mitigatory impact of a history of violence. The dominant judicial approach to mitigation appears to be premised according to principles of 'mercy' and 'sympathy' for women who can position themselves as the 'appropriate victim'. Although focusing on the Australian criminal justice system, my thesis has potential application beyond this context.

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This thesis examines professional supervision practice under new public management from the perspectives of probation officers and service managers in the Community Probation Service. In particular, the research explores the participants’ philosophy of professional supervision, their recent supervision experiences, and their aspirations and expectations with regard to professional supervision. In order to provide a background for an informed analysis and discussion of the research findings, the thesis discusses the key themes in the social service supervision and new public management literature. It also examines the Community Probation Service’s context and the history of new public management and professional supervision in this organisation. The thesis is a qualitative study that is informed by social work practice theory and utilises the phenomenological and hermeneutic approaches. The research findings show that amongst the participants there was: (a) an unclear philosophy of supervision; (b) minimal recent experience of supervision and little ownership or support for the agency supervision project; (c) a belief that the context increased their need for supervision, but at the same time reduced their ability to receive or participate in it; (d) an expectation that professional supervision would assist them to work more effectively with clients and staff; (e) an expectation of good committed supervisors who would support and help them develop; and (f) an expectation that the agency would support professional supervision through resourcing, guidelines, accredited supervisors and the establishment of a learning culture. The major implications of these findings are that: (1) there is a need for staff to be socialised into professional social service supervision; (2) that the professional supervision programme within the Community Probation Service, as currently implemented, is unlikely to be successful; and (3) that professional social service supervision needs to be focused upon persons and their environments, rather than upon the agency.

This thesis examines professional supervision practice under new public management from the perspectives of probation officers and service managers in the Community Probation Service. In particular, the research explores the participants’ philosophy of professional supervision, their recent supervision experiences, and their aspirations and expectations with regard to professional supervision. In order to provide a background for an informed analysis and discussion of the research findings, the thesis discusses the key themes in the social service supervision and new public management literature. It also examines the Community Probation Service’s context and the history of new public management and professional supervision in this organisation. The thesis is a qualitative study that is informed by social work practice theory and utilises the phenomenological and hermeneutic approaches. The research findings show that amongst the participants there was: (a) an unclear philosophy of supervision; (b) minimal recent experience of supervision and little ownership or support for the agency supervision project; (c) a belief that the context increased their need for supervision, but at the same time reduced their ability to receive or participate in it; (d) an expectation that professional supervision would assist them to work more effectively with clients and staff; (e) an expectation of good committed supervisors who would support and help them develop; and (f) an expectation that the agency would support professional supervision through resourcing, guidelines, accredited supervisors and the establishment of a learning culture. The major implications of these findings are that: (1) there is a need for staff to be socialised into professional social service supervision; (2) that the professional supervision programme within the Community Probation Service, as currently implemented, is unlikely to be successful; and (3) that professional social service supervision needs to be focused upon persons and their environments, rather than upon the agency.