Women and the criminal justice system in Australia

Mar
26
Thursday, March 26, 2026 at 05:00 PM

Location

ZOOM

Event contact

Stephanie Holt

Women were outsiders in the criminal justice system for most of the nineteenth century. Unable to practice law, sit on juries or serve in the police force, they were subject to the operation of a masculine legal system. But this did not mean that they were without agency. Through the lives of three very different women, this seminar explores women’s interactions with an evolving criminal justice system, struggling to come to terms with new (and assertive) women as citizens.

Sarah Conquest was a working-class woman from inner Melbourne who engaged extensively with Melbourne’s Court system in the early twentieth century. Sarah navigated the Melbourne Police Courts in a wide variety of ways from the 1890s to the 1920s, as witness, as accused, in an attempted prosecution, in maintenance claims against her separated husband and for the state support of her two children. Later, she was an inevitable presence as her younger son became entrenched in the criminal justice system. Sarah’s experiences suggest that working class women were not only the subject of state intervention, but endeavoured — with varying success — to employ the Court system to their own advantage.

Mary Fortune was a pioneering crime writer in Australia, and one of the first women to write police procedurals world-wide. Because she used the pseudonyms Waif Wander and W. W. her substantial audience did not know her identity--with good reason. She had committed bigamy when she married a policeman, and her son George was a career criminal. That did not stop her earning a living with goldfields memoir, female-centric journalism and of course genre, for she survived as a freelance writer for over forty years in Melbourne. While George robbed banks and cracked safes, his mother considered questions of reform and recidivism in her crimewriting. This contradictory and vital pair raise questions of gender roles, crime and punishment, and how the unconventional can be so easily erased from history.

Fanny Kate Boadicea Cocks was an unmarried, 40-year-old South Australian woman who in 1915 became the first policewoman in the British Empire employed on the same salary as men, and with the same powers of arrest. A strict Methodist and teetotaller who loved to shop, Cocks walked the streets with a five-foot cane, barking “Three feet apart!” at young couples caught canoodling in the Adelaide parklands. When she wasn’t rescuing young women from opium dens and finding jobs for wayward youths, she was single-handedly cracking cases, from drugs being smuggled aboard interstate coffin boats, to the suspicious poisoning of children in a country town. Cocks’ work was so groundbreaking that it was reportedly copied by the New York Police Department and hailed as world’s best practice by the League of Nations. But despite earning an MBE and enjoying almost unrivalled renown in early 20th century Adelaide, she has joined many once-prominent women in becoming lost to popular history.

Our speakers:

Dr Jennifer Anderson is a managing lawyer at Women’s Legal Service Victoria. Her PhD examined the creation of the Children’s Court jurisdiction in Victoria in the early twentieth century. Her research explores the experiences of children and women in the early Victorian criminal justice and social welfare systems.

Lucy Sussex is an Honorary Fellow at La Trobe University. Her award-winning fiction includes novels and five short story collections. She has examined crime fiction’s origins in: Women Writers and Detectives in the Nineteenth Century (2012); Blockbuster (2015); and with Megan Brown, Outrageous Fortunes (2025), about Mary and George Fortune.

Dr Lainie Anderson OAM is a writer whose 35-year career in journalism and public relations includes 17 years as a columnist with Adelaide’s Sunday Mail as well as stints at the Herald Sun and London’s The Times. In 2024, Lainie completed a PhD with the University of South Australia, researching the life of Kate Cocks, the inspiration behind her best-selling historical cosy crime, The Death of Dora Black. Lainie is vice-president of the History Council of South Australia, board trustee with the History Trust of South Australia and a South Australian representative on the Federation of Australian Historical Societies.

We thank the series sponsors, Monash University Publishingthe Monash University History Program and the Old Treasury Building.

Posted by on February 12, 2025

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The History Council of Victoria Incorporated (HCV) is the peak body for history in the Australian state of Victoria. Its vision is to connect Victorians with history and to inspire engagement with the past, their identity and the world today. The HCV champions the work of historians and the value of history. It recognises that history can be written about any place, any person, any period. The HCV advocates why history matters.


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Summary

The HCV was formed as an advisory body in 2001 and incorporated in 2003. It comprises representatives from cultural and educational institutions and heritage bodies; history teachers and curriculum advisors; academic and professional historians; and local, Indigenous, community and specialist history organisations.

As the peak body for history, the HCV has both ‘outward-looking’ roles (including advocacy and representation to government and the wider community, consultation, community education, and networking with allied interest groups) and ‘inward-looking’ roles (including member support, information dissemination, and networking between members).

 
 

Credits

The History Council of Victoria acknowledges the State Library of Victoria and the Public Record Office Victoria for supply of the archival images that appear on this website.

We acknowledge the National Film and Sound Archive for the right to use of the video footage on the home page, titled "Melbourne: Life in Australia (1966)".

Image credits

  • Italian sailors on ship at Port Melbourne 1938, Argus Newspaper Collection of Photographs, State Library of Victoria
  • Chinese procession in Collins near Elizabeth Street 1901, Harvie & Sutcliffe, photographers, State Library of Victoria
  • People’s homes, Aboriginal station Coranderrk 1878, Fred Kruger Photographer, State Library of Victoria
  • Chinese nurses at Children’s Hospital under scholarship 1947, Argus Newspaper Collection of Photographs, State Library of Victoria
  • Ladies physical culture class VRI Melbourne c1931, Public Record Office Victoria VPRS 12903/P0001, 011/02
  • Melbourne Cup, Derby and Oaks Day, Flemington Racecourse 1936, Public Record Office Victoria VPRS 12903/P0001/4802, 372/30
  • Flinders Street viaduct at foot of Market Street with advertisement for McRobertson’s Chocolate on bridge, Public Record Office Victoria VPRS 12800/P0003, ADV 1342