A/Prof. Tania Penovic

Dr Tania Penovic is an Associate Professor at Deakin Law School with expertise in dispute resolution and human rights.   

A/Prof Penovic's award-winning empirical research with Dr Ronli Sifris into anti-abortion protest & access to reproductive health care in Australia has influenced the nationwide roll-out of safe access zone laws in Australia.

In addition to scholarly articles published in leading journals (including the Federal Law Review, UNSW Law Journal & Cambridge International Law Journal), the research underpins submissions to the High Court of Australia (with respect to which leave was granted to appear as amicus curiae), four state law reform inquiries, two international law reform inquiries & three human rights mechanisms of the United Nations.

Amicus curiae submissions to the High Court of Australia (co-authored bu A/Prof Penovic with R Sifris & C Henckels on behalf of the Castan Centre for Human Rights Law) in Matter M46 of 2018 were cited by Nettle J in Clubb v Edwards (2019) 267 CLR 171 at [281] & by Kennedy J in the Supreme Court of Victoria, Clubb v Edwards & Anor [2020] VSC 49 at [106].

The impact of A/Prof  Penovic's empirical research is itself the subject of doctoral research undertaken at the University of NSW examining the potential for academic research to inform judicial decision-making in the High Court of Australia.

The High Court’s judgment in Clubb facilitated the enactment of safe access zone legislation in South Australia & Western Australia, which were yet to enact such legislation. My research influenced the enactment of legislation in both jurisdictions. A/Prof Penovic's submission to the South Australian Law Reform Institute (co-authored with R Sifris) was cited & quoted extensively & its conclusions endorsed in the institute’s report Abortion: A Review of South Australian Law & Practice, May 2019. A/Prof Penovic was invited to brief members of South Australia’s House of Assembly & Legislative Council on proposed amendments to the Health Care (Safe Access) Bill 2020 & her research cited in parliament. With respect to the Public Health Amendment (Safe Access Zones) Bill 2020 (Western Australia), A/Prof Penovic's research was cited in the Second Reading Speech of the Western Australian Health Minister.

The research has further underpinned submissions with respect to law reform in New Zealand & Scotland, & UN human rights bodies, including specialist mandates of the Human Rights Council. 

Access to justice

Gender equality

Reproductive Rights

Human rights of marginalised groups

Refugee rights

Civil procedure

Law of torts

Current:

• Senior co-chair, Australian Lawyers for Human Rights National Sub-Committee, Women’s and Girls’ Rights
• National Committee member, Australian Lawyers for Human Rights
• Country expert for Australia, International Reproduction Policy Database, ‘Varieties of Reproduction Regimes‘ Project at WZB Berlin Social Science Center, Wissenschaftszentrum Berlin für Sozialforschung gGmbH
• Affiliated Academic Member, Castan Centre for Human Rights Law
• Associate Member, ABC Alumni

Past:

• Deputy Director, Castan Centre for Human Rights Law
• Acting Director, Castan Centre for Human Rights Law
• Member, City of Melbourne Family and Children's Advisory Committee
• Research Group Leader in Gender and Sexuality, Castan Centre for Human Rights Law
• Member, ABC Advisory Council
• Fellow, Australian Centre for Justice Innovation
• Member, Monash Law Feminist Legal Studies Group
• Coalition member, NHMRC Centre of Research Excellence in Sexual and Reproductive Health for Women in Primary Care
• Legal advisor, Oxford Citizens’ Advice Bureau
• Member of Committee of Management, North Melbourne Legal Service
• Volunteer lawyer, Refugee Advice and Casework Service, Melbourne

Civil Procedure

International Human Rights

Human rights law in Australia

Torts

Migration and Refugee Law 

International Human Rights Law and Women

MLL394 - Migration and Refugee Law and Policy

MLJ 730 - Migration and Refugee Law and Policy

MLL219 -  Contract B

International human rights law

Cvil Procedure

The Law of Torts

Women's rights under international law

Refugee rights

Gender equality

Invited and keynote presentations (selected)

• The Fall of Roe v Wade & Why it Matters, Obstetric Malpractice Conference, Melbourne, 13 September 2022
• Reproductive Rights are Human Rights, Inspire Women, Melbourne, 15 August 2022
• What I have learned from Miljenko Smoje about Human Rights, Victorian Croatian Chamber of Commerce, Thirty Year Anniversary of International Recognition of the Republic of Croatia, Melbourne Museum, 28 May 2022
• Interrogating our self-image as a champion of gender equality, Castan Centre Human Rights Conference 2021, 23 July 2021
• Conditional empathy & the arrival of #MeToo in Australia, presented at Next Frontier: Neurofeminism, #UsToo & Korean Reunification, NGO CSW65 Forum, Commission on the Status of Women, United Nations, New York (online), 15 March 2021
• Legislating for Health and Wellbeing: The Case of Australia’s Safe Access Zones, XXXVI International Congress on Law & Mental Health, Rome, 22 July 2019
• Enforcing norms of refugee protection in the face of exceptionalism: the role of civil society & the media, Global Negotiations on Refugee Rights: Isolationism & the Development of Legal Norms, Monash Prato Centre, 11 June 2019
• Re-treating refugee status in a place and time of brutalising dishonesty & twisted logic through No Friend but the Mountains, Re-treating Literature & Politics through Behrouz Boochani’s No Friend but the Mountains, Monash University, 22 May 2019
• Vietnam’s National Action Plan for Human Rights Education: building a culture of respect for human rights, 9th International Conference on Human Rights Education, UWS, 28 November 2018 
• Transnational anti-abortion activism, the right to free speech & the rights of others under international law, 7th Cambridge International Law Conference, ‘Non-State Actors & International Law’, 3 April 2018
• Layers of Retraumatisation: Seeking Redress for Child Sexual Abuse, presented at the XXXVth International Congress on Law and Mental Health, Charles University Prague, 11 July 2017
• Students and Inmates: practical internships behind bars (with Dr Justin Trounson & Emily Munro-Harrison), 7th Annual Human Rights Tertiary Teachers’ Workshop 2017, Monash University, 14 February 2017
• Abused all over again: Child sex abuse & inaccessible justice, Australian Centre for Justice Innovation conference, The Future of Civil Procedure: Innovation & Inertia, 17 February 2016
• Engaging students & the broader community in learning about human rights, Better Teaching Better Learning Showcase, Monash, 16 February 2015
• Queue jumpers’ & the deviant ‘other’, Australia and its others: Fear and politics in a multicultural nation, RMIT University, 15 November 2014
• Outsourcing protection: Australia’s bilateral arrangements for asylum seeker transfer in the Asia Pacific, Politika prava azila u Australiji i Europskoj uniji (Politics of asylum law in Australia and the European Union), Bogdan Ogrizovi?? Library, Zagreb, 9 June 2014.
• Offshore and Outsourced: shifting responsibility for the management of asylum seekers, Access to Asylum: Current Challenges & Future Directions, Monash Prato, 29 May 2014 
• Implementing Human Rights in immigration detention facilities, Implementing Human Rights in Closed Environments Conference, Monash University,  February 2012
• Mental harm as an instrument of public policy, Monash/Kings College London conference ‘Public Health and Human Rights’, Monash University Prato Centre, 7-10 June 2007.

A/P Penovic has appeared as an invited expert academic witness and provided 34 submissions to parliamentary and other review bodies, human rights mandates of the United Nations & the High Court of Australia; including:  

• T Penovic et al, Shadow Report to the UN CEDAW Committee (Australian Lawyers for Human Rights) 30/1/23
• T Penovic, Submission to Senate..Committee Inquiry into Universal Access to Reproductive Healthcare (Australian Lawyers for Human Rights) 20/12./22 
• Submission to the UN Special Rapporteur on right to health: The right to sexual & reproductive health: challenges & opportunities during COVID-19 (with R Sifris), 8/6/21
• Submission to the UN CEDAW Committee, Australia’s Compliance with CEDAW (with R Sifris), 19/5/21
• Invited briefing to members of SA House of Assembly & Legislative Council on proposed amendments to Health Care (Safe Access) Bill 2020, 15/7/20 & 23/10/20 (with R Sifris)
• Submission to UN OHCHR Working Group on Discrimination against Women & Girls, sexual & reproductive health & rights in situations of crisis (with K Frode et al), 31/8/20
• Submission to the New Zealand Abortion Legislation Committee: Abortion Legislation Bill (with R Sifris & C Henckels), 13/9/19
• Submission to the S'th Australian Law Reform Institute, Abortion: A Review of South Australian Law and Practice (with R Sifris), 5/19
• Submission to the WA Department of Health, Safe Access Zones Proposal for Reform in WA (with R Sifris) 17/5/19
• Submissions of the Castan Centre for Human Rights Law seeking leave to appear as Amicus Curiae, in the High Court of Australia, Matter M46 of 2018, Kathleen Clubb v. Alyce Edwards & Attorney-General for Victoria, 25/5/18, (with R Sifris & C Henckels): Cited by Nettle J in Clubb v Edwards (2019) 267 CLR 171 at [281]; Kennedy J by Supreme Court of Victoria, Clubb v Edwards & Anor [2020] VSC 49 at [106].
• Submission to the Qld Law Reform Commission, Review of Termination of Pregnancy Laws (with R Sifris), 1/18.
• Submission to Senate Legal and Constit'l Affairs References Committee, Inquiry into serious allegations of abuse & neglect of asylum-seekers in the regional processing centres at Nauru & Manus Island, PNG, 11/16
• Submission to the Legal and Constit'l Affairs References Committee on the Inquiry into the incident at the Manus Island Det'n Centre 16 -18 Feb 2014 (with A Dastyari), 5/14
• Submission to the Tasmanian Legislative Council on Reproductive Health (Access to Terminations) Bill 2013, (with R Sifris),  7/13
• Submission to Senate Legal & Consti'l Affairs Committee on Migration Amendment (Unauthorised Maritime Arrivals & Other Measures) Bill 2012 (with A Fletcher), 12/12
• Submission to Inquiry into the agreement between Australia & Malaysia on transfer of asylum seekers to Malaysia (with S Kneebone & M O’Sullivan), 9/11
• Submission to the Joint Select Committee on Australia’s Immigration Detention Network, 8/11
• Submission to House of Representatives Standing Committee on Social Policy & Legal Affairs into the Regulation of Billboard and Outdoor Advertising, 2/11
• Submission on behalf of the Castan Centre for Human Rights Law to the Senate Legal & Constit'l Affairs Committee Inquiry into the Civil Dispute Resolution Bill 2010, 1/11/10
• Submission to the Victorian Law Reform Commission Inquiry, Law of Abortion, 11/07.
• Submission to Victorian Law Reform Commission Civil Justice Review, 12/06
• Submission to the Senate Legal & Constit'l Leg'n Committee on Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 (with A Dastyari & J Taylor) 5/06.

A/P Penovic has published extensively & provided expert opinion across print, broadcast & digital media. 

Her research translation includes:

• T Penovic, ‘US abortion bans unleash state-sanctioned violence...’, The Interpreter, Lowy Institute, 2/8/222
• T Penovic, ‘Roe vs Wade: The extraterritorial dimension of abortion politics’, The Interpreter, 31/5/22
• T Penovic, ‘How Committed is Australia to advancing ...CEDAW?’, Monash Lens,  8/3/22
• T Penovic, ‘Interrogating our self-image as a champion of gender equality’ Castan Centre, 8/21
• R Mansfield et al, ‘Menstrual Hygiene, period poverty &...school students’, Monash Lens, 8/5/21
• C Henckels et al, ‘High Court delivers landmark ruling ...’ The Conversation/ Monash Lens, 12/4/19
• T Penovic et al, ‘High Court case: do anti-abortion protest laws limit free speech?’, Monash Lens, 8/10/18
• T Penovic et al, ‘As the High Court challenge to ...safe access zones’ begins, there is much at stake’ The Conversation, 9/10/18
• T Penovic, Explainer: ‘What are abortion clinic safe access zones & where do they exist...?’, The Conversation, 15/6/18
• T Penovic & R Sifris, ‘Anti-abortion protesters have acted with impunity for decades. That ends now’, The Guardian, 13/10/17
• T Penovic, ‘What’s the child sexual abuse royal commission got to do with the Conv'n on the R'ts of the Child?’ Castan Centre, 6/4/16
• T Penovic, ‘Harsh Treatment of Asylum Seekers breaches human rights’, Castan Centre, 31 May 2015
• T Penovic, ‘“No advantage” brings no hope’, Right Now, 11/12/12
• T Penovic, Expert Panel on Asylum Seekers Report (2): ‘Changes to Migr'n Act Sideline Human Rights’ Castan Centre, 17/8/2012
• T Penovic,  ‘Children in Immigration Detention & the Law’, ABC Radio National Perspective, 29/3/04.

Media appearances include:

• Are Reproductive Rights Human Rights?, What Happens Next?, 17/2/23 
• What is Reproductive Justice? What Happens Next?, 24/2/23 
  J Bergin, ‘Abortion law differs wildly across Austr'a-here’s why’, Crikey, 8/7/22
• T Shepherd, Is abortion legal in Aust'a..., The Guardian, 27/6/22
• ‘US abortion policy’s potential ripple effect across world’, A Current Affair 11/6/22  
• What will US Criminalising Abortion Mean?, Mamamia (The Quicky) 11/5/22
• The Download, Future Women, 10/5/22
• ‘Roe v Wade: US Supreme Court could overturn landmark abortion law’, Channel 7 News 4/5/22
• C Swannell, What..overturn of Roe ...will mean for Australians, InSight, 9/5/22
• ‘And here’s to you Mrs ... why women take their husband’s names’, SMH/Age, 7/3/21
• UK Detention-Australian Style, The Wire, 6/10/20
• ‘Now free speech has been killed as well’ Just Cases, 12/7/19.
• ‘Abortion centre safe access zones upheld...' SBS Radio, 11/4/19
• ‘Anti-abortion activists lose High Court challenge...,’ SBS World News, 10/4/19
• ABC News 24, 9/10/18
• P Karp, 'Abortion clinic safe zones backed...' The Guardian, 31/5/18

• Monash University Faculty of Law award for the best postgraduate elective unit as judged by students (International Human Rights Law and Women) 2021
• Nominee Monash University Vice-Chancellor’s Award for Research Impact (Economic and Social Impact) 2020
• Monash University Faculty of Law Dean’s Award for Research Impact (Economic and Social Impact) 2020
• Monash University Faculty of Law, Commendation for Research Impact (Economic and Social Impact) 2020
• Monash University Commendation by the Deputy Vice-Chancellor and Vice-President (Education) for outstanding Unit Evaluation (Litigation and Dispute Resolution) 2017
• Monash University Faculty of Law Commendation for large teaching unit (Civil Procedure) 2015
• Vice-Chancellor’s commendation on continued dedication to learning and teaching 2014
• Monash University Faculty of Law Teaching Award in Recognition of Outstanding Teaching Performance 2013

• Country Expert for Australia, International Reproduction Policy Database, ‘Varieties of Reproduction Regimes’ reserach project, WZB Berlin Social Science Centre, Wissenschaftszentrum Berlin fur Sozialforschung gGmbH
• A Newnham, G Grant, K Wallwork, T Penovic and J Weinberg, Developing the Evidence Base on Underpayment Recovery and Civil Justice. Victoria Law Foundation Knowledge Grant, $50,000, 2021.
• T Penovic, J Trounson and E Munro-Harrison, Indigenous Group of Learning. RE Ross Trust, $90,000, 2018-2021
• T Penovic, Advancing Women’s Research Success Grant, Monash University $11,000,  2019
• Technical advisor, course designer and trainer, Capacity Building for Vietnam National University, Coffey International, $489,685,  (Federal-government funded Aus4Skills program) 2018-2019
• T Penovic, J Trounson and E Munro-Harrison, Indigenous Group of Learning. Bennelong Foundation, $61,490, 2017-2018.
• Presenter, Human Rights training for in-house lawyers, Department of Foreign Affairs and Trade, 2013-2016
• Trainer, Rehabilitation Assistance Facility-Iraq, training for Iraqi Ministry of Human Rights, 2010-2012
• Trainer, Judicial College of Victoria, training under the Charter of Human Rights and Responsibilities Act 2006 (Vic) 2007