Establishment and Functions
The Sentencing Advisory Council is an independent statutory body established under amendments to the Sentencing Act 1991.
In 2000, the Victorian Government requested a review of aspects of Victoria's sentencing laws. This was in response to concerns that the sentencing process was in need of reform.
The review was undertaken by Professor Arie Freiberg. His report, Pathways to Justice, recommended a number of improvements to the sentencing system, including the establishment of a Sentencing Advisory Council.
The review found general support for the creation of an organisation that would:
- conduct research on sentencing policy
- collect and analyse statistical data
- provide current sentencing information to the government, judiciary, and the public
- provide feedback on the effectiveness of sanctions imposed on offenders.
The Victorian Government accepted the need for properly informed public opinion to be incorporated into the sentencing process and the recommendation for a Sentencing Advisory Council to be created. The Council was subsequently established in 2004.
The Council is not the first of its kind. Other similar organisations have been established in England, Scotland, New South Wales, and Tasmania.
Functions of the Council
The Council's mission is to bridge the gap between the community, the courts and government by informing, educating, and advising on sentencing issues.
Section 108C of the Sentencing Act 1991 provides that the functions of the Council are to:
- provide statistical information on sentencing, including information on current sentencing practices to members of the judiciary and other interested persons
- conduct research and disseminate information to members of the judiciary and other interested persons on sentencing matters
- gauge public opinion on sentencing
- consult on sentencing matters with government departments and other interested persons and bodies as well as the general public
- advise the Attorney-General on sentencing issues
- provide the Court of Appeal with the Council's written views on the giving, or review, of a guideline judgment.
In addition to establishing the Council, the government also amended the Sentencing Act 1991 to allow the Court of Appeal to deliver guideline judgments.
The Council is an advisory body rather than a review body. The Council cannot review sentencing outcomes in individual cases. This is the role of the appellate courts on application from either the defendant or the Director of Public Prosecutions.
Council Directors
Sentencing Advisory Council Directors come from a broad spectrum of professional and community backgrounds and represent a range of perspectives. Under section 108F of the Sentencing Act 1991, between eleven and fourteen Council members must be appointed under eight profile areas.
Kate Bundrock
Kate is the Executive Director, Criminal Law at Victoria Legal Aid (VLA). Kate has over 20 years' experience working in the legal assistance sector and criminal legal system. Kate is committed to access to justice and client-centred legal service design and has led significant service transformation projects at VLA, including the establishment of the Help Before Court service, changes to VLA's 'bail' and 'not guilty' guidelines, and improvements to services provided to people facing remand.
Fiona Dowsley
Fiona Dowsley has over a decade of experience in building the evidence base in crime and justice to support improved research and decision-making. She spent two years as Director of the National Centre for Crime and Justice Statistics at the Australian Bureau of Statistics and has collaborated in the international sphere, such as with the United Nations Office on Drugs and Crime Task Force, to develop an international classification of crime. In January 2014, she was appointed as the founding Chief Statistician of the Crime Statistics Agency in Victoria.
David Glynn
David was admitted to practice as a lawyer in 1992 and thereafter worked as a solicitor in private practice and at Victoria Legal Aid. David became a barrister in 2001. Throughout his legal career he has practiced exclusively in criminal law, appearing for both defence and prosecution. In 2019 David was appointed a Crown Prosecutor for the State of Victoria, a position he still holds.
Dr Jana Katerinskaja
Jana works as a human rights lawyer and independent investigator. She is an advocate for family and sexual violence victim-survivors, and is a leader in police accountability reform. Jana is a founding member of the Domestic Family and Sexual Violence Commission's Lived Experience Advisory Council, was a member of the Commonwealth DFSV Commissioner's Guiding Group, and a member of Safe and Equal's Expert Advisory Panel. Jana has lived experience of the criminal justice system, both as a victim of crime and as someone who works with victims of crime.
Professor Marilyn McMahon
Marilyn McMahon is an experienced academic, having taught and researched criminal law for many years. She has served as a consultant to the Victorian government and her work has been cited by law reform bodies in Australia and the United Kingdom. She is Dean of the Law School at Deakin University. Professor McMahon is also a registered psychologist and has a particular interest in the intersection of the criminal law and mental health systems. She is currently a member of the Forensic Leave Panel and the Disciplinary Appeals Board and was previously a member of the Mental Health Tribunal and the Intellectual Disability Review Board.
Wendy Steendam
Deputy Commissioner Steendam has performed significant senior executive roles across Victoria Police and is currently Deputy Commissioner Specialist Operations with portfolio responsibility for Road Policing Command, Family Violence Command, Forensic Services Department, and Legal Services Department. A highly respected police leader with over 40 years' experience, DC Steendam has developed strong and effective relationships across government, law enforcement agencies, corporate entities and a range of community agencies. She has contributed as a member of many boards of management, both within policing and more broadly across the community sector. She is also currently a board member of the Coronial Council of Victoria. Wendy became a Member of the Order of Australia in the 2022 Australia Day Honours, for significant service to the community through emergency response organisations.
Dr Danny Sullivan
Danny is a consultant forensic and adult psychiatrist, who works in the public mental health sector and is an experienced expert witness. Danny trained in psychiatry in England and Australia and also holds Masters degrees in Bioethics (Monash), Health and Medical Law (Melbourne), and Management (McGill). He has held senior management roles including as Executive Director of Clinical Services for Forensicare (the Victorian Institute of Forensic Mental Health) and as Board Director at ACSO. He has extensive clinical experience working in prisons and community and inpatient forensic mental health services in England and Australia over the last 25 years. He holds academic posts as Adjunct Associate Professor (Swinburne University) and Honorary Senior Fellow (University of Melbourne).
Nathan Watt
Sergeant Nathan Watt joined Victoria Police soon after he was admitted to practice as a lawyer. He has been a serving member for 17 years, working the last 12 years in the legal services department. He has extensive experience prosecuting matters in the Magistrates Court, and appearing in the Supreme Court for bail-related matters. Nathan has previously trained police prosecutors, and now trains and advises frontline members and senior management of Victoria Police, including advising on matters relating to legislative reform and policy.
Stan Winford
Stan Winford is Associate Director at RMIT University's Centre for Innovative Justice. Stan is a lawyer and researcher who has been engaged to support the deliberations of parliamentary inquiries and Royal Commissions in relation to justice issues. He has previously worked as a prosecutor and defence lawyer in the private, government and community legal sectors.
Council Secretariat
The Council is supported by a secretariat that undertakes the Council's daily work, including research, statistical analysis, community engagement, community education and administrative support.
Current Staff
Paul McGorrery (Chief Executive Officer)
Zsombor Bathy (Senior Data Analyst)
Dennis Byles (Senior Data Analyst)
Melanie Hull (Legal Policy Officer)
Catherine Jeffreys (Senior Publications and Website Officer)
Sarah Lappin (Operations Manager)
Paul Schollum (Manager, Statistical Analysis)
Octavian Simu (Senior Legal Policy Officer)
Kathryn Stary (Senior Education and Engagement Officer)
Felicity Stewart (Principal Legal Policy Officer)
Pallavi-Sarojini Waghmode (Data Analyst)
