equality_2009

EqualityHandbook2009

MelbourneUniversityLaw Students’Society

All Clerkship and Graduate applications should be made online via www.cvmail.com.au

Sydney • Melbourne • Brisbane • Perth • Canberra • Darwin

www.claytonutz.com

Slide into a top career atClayton Utz

seasonal clerk graduate lawyer senior associate partner

Equality Handbook2009

Editing Jenny Jiang and Jessica Rae

Design The Public Display Unit

Printing Print Bound

Sponsors Clayton Utz and DLA Phillips Fox

MelbourneuniversityLaw Students’Society

iv Law StuDEntS’ SociEty

We would like to thank all the law students, lecturers and practitioners for contributing their inspirational articles, the Law Students’ Society for their support and Clayton Utz and DLA Phillips Fox for their generous sponsorship. Special thanks must also go to a number of people who assisted us in compiling the Handbook: Bob Hu, for his work on the volunteer directory; Anthony Rae for his photography skills; Phillip Sayers (Print Bound) for his patience, Ronny Chieng (Public Display Unit), for designing the front and back cover; and Duy Nguyen (Public Display Unit) for formatting and design. Finally, we also extend our thanks to Nicole Bieske for accepting our invitation to launch the 2009 Equality Handbook.

Published by:

Law Students’ SocietyC/- The Law SchoolThe University of MelbourneVictoria 3010

© 2008 Law Students’ Society Inc.

Articles in this public represent the views of the authors. While every effort has been made to ensure that information in this publication is correct at the time of printing, the publisher ac-cepts no responsibility or liability for any errors, omissions or other consequences arising from the information in this publication.

acknowledgements

vEquaLity HanDbook

Editorial: No Man (or Woman) is an Island ....................................................................... viJenny Jiang and Jessica Rae

opinion 1Where did all the money go? .................................................................................................2Belinda Huang

“How can you govern by killing?”: China and the Death Penalty ...................................5Natasha Stojanovich

International Criminal Court: Profound Effects of Procedural Matters ..........................7Hannah Richardson

The Iranian Baha’is: A Persecuted Minority .......................................................................10Nick Goodfellow

What’s Right with the World Trade Organisation .............................................................12Devon Whittle

Peace and Justice: a Matter of Give and Take? ...................................................................15Emily Long

Musings on Feminism ...........................................................................................................18Sandra Wendlandt

Abortion Rights: A Time for Change ...................................................................................20Thomas Ickeringill

Same-sex Equality Reforms: The Role of a Law School Academic .................................23Miranda Stewart and Anna Whitelaw

around the Law School 25Being Neighbourly ................................................................................................................26Hui-Chi Goh

Mature Age Memoirs .............................................................................................................28Konstantin Rotarou

contents

vi Law StuDEntS’ SociEty

contents

Preventing the Vanishing Act ...............................................................................................30Courtney McLennan

Beyond Collins Street ............................................................................................................33Jessica Rae and Jenny Jiang

Just Run ...................................................................................................................................35Calina Ouliaris

Volunteering 37The Eastern Community Legal Centre ...............................................................................38Alexis Fong

Volunteering at the Environment Defenders Office .........................................................39Carly Godden

Consumer Action Legal Centre: A Volunteer’s Experience .............................................41Catherine Anderson

International Criminal Tribunal for Rwanda: Internship Experience ............................43Jolien Quispel

Northern Land Council: Aurora Project Legal Internship ...............................................45Ari Nagar

What is it like to live in Australia? .......................................................................................47Mele Ane Havea

Volunteering at PILCH ..........................................................................................................49Verena Tan

Reflections on Volunteering at the Asylum Seeker Resource Centre .............................51Jessica Liang

Adventures with the UN in Timor-Leste ............................................................................53Jessica Rae

The Benefits of Volunteering in a Community Legal Centre ...........................................55Jonathan Augustus

organisations 57Medley Mag: ‘All Wired Up!’ Program ...............................................................................58Georgina Dimopoulos

Sudanese Australian Integrated Learning Program .........................................................60Nik Tan

viiEquaLity HanDbook

contents

Community Connect at Clayton Utz ...................................................................................62Clayton Utz

Volunteering at Community Legal Centres: Fitzroy Legal Service ................................65Abigael Ogada-Osir and Mary Quinn

Lawyers for a Nuclear-Free World ......................................................................................68Tim Wright

The HIV/AIDS Legal Centre .................................................................................................70Michael Williams

Diabetes and the Coca-Cola Era in Kenya ..........................................................................71David Liew

Volunteers’ Directory 2009 75

viii Law StuDEntS’ SociEty

We may be biased, but in our humble opinion, the Equality Handbook is much more than a collection of opinion articles, volunteering ex-periences and organisational profiles. To call it simply a platform for students to express their views on various current issues does not do it justice either. The Equality Handbook stands for compassion, a compassion that awakens our social consciousness and enlivens our mo-tivation to challenge the status quo. If a single unifying thread is to be found through all of the articles, it is our shared human capacity for compassion.

It is compassion that enables us to identify where there is injustice and inequality in our world and it is that same compassion that drives us to try and effect change. As the ar-ticles you will read demonstrate, there are countless ways of harnessing the compassion

within all of us to strive for a more equal so-ciety.

As we collected the articles for the Handbook and read about fellow students helping to pro-vide legal advice to those who cannot afford it, sharing language and communication skills with new Australians, taking a stand against nuclear weapons, it was always their compas-sion that we were struck by. It lead us to real-ise that the Handbook is much more than the sum of its parts. The Handbook challenges us to reflect on why we volunteer and take an in-terest in issues of social justice.

Do our contributing authors take on their ex-tracurricular activities only because they are socially beneficial? We believe otherwise. They take on these activities because they en-joy them – because it is enjoyable to contrib-ute to society and strive for justice and equal-ity. Might we suggest that, as humans, we are ‘hard wired’ if you like, to be compassionate and enjoy such activities. This compassion, in its own unique way, is essential to our society. As John Donne put it (albeit in a time of less gender equality), “no man is an island”. Man or woman, we are inevitably tied to all others in the human race and thus, compassion and the desire to lend a helping hand or speak up for the marginalised, comes naturally.

With many thanks to our generous sponsor firms, Clayton Utz and DLA Philips Fox, as well as our brilliant contributors, we present to you the Equality Handbook 2009. We hope that you will read on, imagine where your own compassion can take you and be inspired to put those thoughts into action. ■

Jenny Jiang and Jessica Rae, LSS Equality Vice-Presidents

Editorialno Man (or woman) is an island

oPinion

oPinion

2 Law StuDEntS’ SociEty

oPi

nio

n

Imagine this…

Five years ago, Lizzy, an 80 year old wid-ow appointed her adult daughter Jill as an enduring power of attorney (effective im-mediately), to legally manage Lizzy’s finan-cial matters—a task which was previously handled by her late husband. In the last two years, due to her ailing health, Lizzy found herself increasingly reliant on Jill for as-sistance in weekly duties such as shopping and regular medical checkups. Frustrated with the constant travel and the stress asso-ciated with her escalating familial respon-sibilities, Jill proposed that her mother sell her house, and move in with her own family. The proceeds would contribute to the reim-bursement of Lizzy’s expenses, in addition to some minimal rent. Lizzy was delighted at the prospect of living amongst beloved company and the promise that she will be cared for in the remaining years of her life.

However, soon after moving in with Jill, her husband and their two teenage children, Lizzy felt a growing discomfort as a result of the family’s poorly-masked impatience with her additional presence. Therefore, in order to minimise her interference with their living habits, Lizzy withdrew to the solace of her allocated bedroom, appearing only where necessary—for meals and medical require-ments. In doing so, she lost all contact with society, including her Bridge-loving friends and her other daughter, Maggie.

Meanwhile, unbeknownst to Lizzy, Jill em-ployed her position as enduring power of attorney (financial) to settle her own mort-

gage with the proceeds of Lizzy’s matrimo-nial home. Jill’s initial intention was to waive any further expenses incurred by her mother’s residence and foot the mounting medical bills. In any case, she believed that she would have inherited at least half of Lizzy’s assets under the will and was there-fore justified in dipping in early in exchange for her guardianship.

Unfortunately, Lizzy suffered a heart attack and subsequently required constant medical attention. She was relocated to a nursing home, where she remained for the remain-ing years of her life.

While this scenario has an uncanny resem-blance to an exam hypothetical, which law students are all too familiar with, regrettably it is only one illustration of a myriad of real life experiences that elderly citizens are subject to everyday in Australia.

“Financial abuse” is defined as “the illegal or improper exploitation or use of funds or re-sources of the older person” (WHO, 2002). It is one of six recognised types of elder abuse, distinguishable by the nature of the relation-ship between the perpetrator and the victim. Unlike fraud, “financial abuse” is a term that specifically targets the conduct of family members or persons with whom the elder has

Belinda Huang, 3rd year Science/Law

where did all the money go?

3EquaLity HanDbook

where Did all the Money Go?

oPi

nio

n

a trusting relationship. Lizzy’s scenario above demonstrates one such form of recognised mistreatment within a family care agreement: “using an authorized power of attorney not in the interests of the older person”. Others cat-egories include:

taking, misusing or using, withholding • knowledge about or permission in regard to money and property;forging or forcing an older person’s signa-• ture;misusing ATMs and credit cards;• cashing an older person’s cheque without • permission or authorisation;misappropriating funds from a pension;• getting an older person to sign a will, deed, • contract or power of attorney through de-ception, coercion or undue influence;using an authorized power of attorney not in • the interests of the older person;promising long term or lifetime care in ex-• change for money and property and not pro-viding such care;denying access to money or property; and• getting an older person to be guarantor • without sufficient knowledge to make an informed decision.1

Financial abuse is not always perpetrated ma-liciously, by cold-blooded and deceitful off-spring. Often, family members assume the role as care giver with honourable intentions, yet find themselves taking advantage of the elder’s assets, or becoming increasingly care-less with separating expenses. Other times, a sense of entitlement leads the beneficiaries of a will into engaging in some pre-emptive estate planning. Anecdotal and case law evi-dence indicates that most care agreements fail because of relationship breakdowns, and un-fortunately, relationship breakdowns are a ma-jor risk factor for financial abuse.

1. Julian Gardner, Public Advocate, Victoria, Submission No. 70, p. 5. See also Advocare Inc, Submission No. 71, p. 5; COTA Over 50s, Submission No. 58, p. 3.

Due to the fact that an overwhelming majority of cases of elder financial abuse involve adult children and friends (and sometimes other “trusted” professionals such as health-care workers, family accountants and solicitors), its occurrence is often unreported for fear of embarrassment, retribution or the threat of ne-glect. This general reticence may also be at-tributed to the wider dependence of elders on their abusers for regular care and assistance so that they may see greater value in preserv-ing the relationship rather than face the harsh realities of isolation. Such vulnerabilities as-sociated with age preclude older victims from seeking a multitude of common law remedies that may be available through actions includ-ing: unconscionable conduct, undue influence, misrepresentation, and pure economic harm. More pertinently, they may seek proprietary remedies such as constructive and resulting trusts. Unfortunately, the cost and time invest-ed into civil litigation may not ultimately be worth the stress, emotional harm and quantum of remedy sought.

To exacerbate the situation in the public arena, Australia has no nation-wide system in place for recording incidents of abuse despite indica-tions that elder abuse affects up to 5 percent of older Australians (Boldy et al., 2002, Austral-ian Society for Geriatric Medicine, 2003). If the Queensland Elder Abuse Prevention Unit is anything to go by, in late 2005, half their cases involved financial misappropriation. In dollar terms—over a two-and-a-half year peri-od—their clients recorded a combined loss of up to $90 million in Queensland alone.2

While the Government is slowly catching up to countries such as Britain and the United States in terms of legislative intervention, overall there is a shameful lack of infrastruc-ture both at the State and Federal level that warrants more parliamentary attention. This is

2. See the transcript on ‘Financial Abuse of the Elderly’, broadcasted on ABC Radio National on November 6, 2005. Transcript available online at <abc.net.au/rn/talks/bbing/stories/s1496277.htm>.


where Did all the Money Go?o

Pin

ion

even more so in the current fragile economic climate, where the older demographic have the most financial security—around 80% of older people are home-owners and very few have debt – making them easy targets for ex-ploitation.

Hopefully, the Elder Abuse Prevention project announced in March 2007 by the Minister for Aged Care Office will introduce more com-munity awareness, accessible services and re-medial relief for elderly victims. Furthermore, resources should also be allocated to facilitate better collaboration between departments such as the Office of Public Advocate (whose func-tions include investigating exploitation, abuse and neglect of people with disabilities) and the Victorian Police for the purposes of early de-tection and proactive enforcement.

Exposing the seriousness of financial abuse against the elderly is only the first step in what may be a long journey ahead. Ultimately, if we are to really protect the dignity and autonomy of our elderly Australians, parliament must be willing to step up and intervene in what is tra-ditionally hidden in the private domain. ■

5EquaLity HanDbook

oPi

nio

n

China is the world’s most ac-tive executioner. The true extent of China’s use of the death penalty is unknown, as information sur-

rounding the number of people on China’s death row, and the numbers of executions that are carried out annually is considered a “state secret”. The Chinese Government does occa-sionally however release information about particularly high profile cases, although this is an exception to the rule.

Despite the lack of official information con-cerning the exercise of the death penalty, it is possible to gauge a sense of the scale of ex-ecutions that occur annually. Amnesty Inter-national for instance has reported that at least 470 executions occurred in China last year, however the human rights group suspects that the actual figure is undoubtedly far higher. Some human rights groups have suggested that the actual number is on average as high as 8,000 executions per year.

There are 68 crimes that attract the death pen-alty in China, and many of these are non-vi-olent. Crimes that are death penalty eligible include: drug offences, fraud, corruption, em-bezzlement, arson and prostitution. Up until relatively recently the killing of pandas was also a crime punishable by the death. When executions are carried out, it is by one of two methods: either by shooting or lethal injec-tion.

Serious questions have also been raised about whether accused persons in China are receiv-ing fair trials prior to execution. For instance there have been many reports of confessions extorted through questionable “interrogation” techniques, unacceptably brief trials (for in-stance death sentences being handed down after trials lasting less than an hour), lack of access to effective legal representation and the ever-present spectre of political inference in legal affairs.

For instance in November 2006, China exe-cuted the religious leader Xu Shuangfu. Prior to his execution, Xu Shuangfu claimed that he had been subject to torture, including beatings with a chain and electric shocks, which he said led to him making a false confession. The trial court and the appeal court both refused to hear Xu Shuangfu’s allegations of mistreatment as part of his defence.

Whilst the use of the death penalty in China is regrettably extensive, there have been some recent developments that indicate a tide may be turning in China’s use of the death penalty.

Firstly, a number of legislative changes in re-cent years have been aimed at increasing scru-tiny in the exercise of the death penalty. For instance, it is now mandatory for all death sen-tences to be reviewed by the Supreme People’s Court before the execution is carried out. It is of course difficult, given the degree of state secrecy surrounding executions, to ascertain if these reforms have led or will lead to a great reduction in the number of executions.

Natasha Stojanovich, Articled Clerk, DLA Phillips Fox

“How can you govern by killing?”

china and the Death Penalty


How can you Govern by killing?o

Pin

ion

Secondly, several reliable sources have report-ed there also appears to have been a reduction in the number of executions in the lead up to the Olympic Games. Whilst this may be a tem-porary reduction, it does indicate that China may be bowing to some of the international pressure relating to the nation’s poor human rights record.

One hopes that China can follow the lead of its newly reclaimed territory of Hong Kong, which abolished the use of the death penalty in 1993, and has one of the lowest crime rates in the world. Or, that the resurgent popularity of Confucianism, leads to the recall of Con-fucius’ anti-death penalty stance (over two thousand years ago). It is apt to quote the fol-lowing dialogue between Confucius and a stu-dent, who asked his master “What do you say to killing the unprincipled for the good of the principled?” to which he replied “How can you govern by killing?” ■

7EquaLity HanDbook

oPi

nio

n

The term “procedural matter” is not likely to inspire. At first glance, it does nothing to convey the lofty objectives of the Interna-tional Criminal Court (“Court”). It is not im-mediately clear how procedural matters are intrinsically linked with ending impunity for the most heinous of international crimes: war crimes, crimes against humanity and (when defined) the crime of aggression. Instead, a procedural matter seems, by its nature, to be merely an administrative hurdle—a necessary hoop through which to jump before address-ing more substantive issues of guilt or inno-cence. However, procedural matters are more significant than such an impression would suggest. This article will illustrate how proce-dure affects the fundamental rights of victims, the accused and, ultimately, the integrity of the Court and the legitimacy of its decisions.

Prosecutor v Thomas Lubanga Dyilo (“the Lubanga Case”) provides a suitable example. This case was before the Court during my time as an intern for the Presiding Judge Sir Adrian Fulford in the Trial Chamber earlier this year.

background to the Lubanga Case

The case relates to war crimes which al-legedly took place during a civil war in the Democratic Republic of Congo (“DRC”) between 1998 and 2003. This was one of the largest wars in modern African histo-ry, involving seven other African nations, up to 25 armed groups and depriving an estimated 5.4 million Africans of their lives. Mr Lubanga was the leader of the Union des Patriotes Congolais (Union

of Congolese Patriots) and its armed military wing Forces Patriotiques pour la Libération du Congo (Patriotic Force for the Liberation of the Congo).

The case was the first to be initiated at the Court, after the situation was referred by the DRC in 2004. In March 2006, Pre-Trial Chamber I is-sued a public arrest warrant for Mr Lubanga, who was transferred to the seat of the Court in The Hague, The Netherlands. After being charged with the war crime of conscripting and enlisting children under the age of fifteen, Mr Lubanga’s charges were confirmed by the Pre-Trial Chamber in early 2007.

Procedure and the right to an expeditious trial

Eighteen months later, Mr Lubanga’s trial still has not begun. Less than a month before the scheduled trial date, the Court observed that pursuing this schedule had become “a fool’s errand”. The trial was again delayed. After a wait of now two and a half years, perhaps the

Hannah Richardson, 4th year Arts/Law

the international criminal court

Procedure and Fundamental Rights


icc: Procedure and Fundamental Rightso

Pin

ion

most striking procedural question is why the progress of the trial has been so slow. Such a delay is arguably inconsistent with the right of the accused “[t]o be tried without undue de-lay”, enshrined by art 67 of the Rome Statute of the International Criminal Court (“Rome Statute”).

Although the reasons for the delay defy sim-ple explanation, one important factor is that this is the Court’s first trial. The Court is, as Judge Fulford has described it extra-curially, “a Brave New Court”, and the new issues which it must inevitably confront require pro-cedures, submissions and discussion—all of which create delays. As the judge explained, “[w]e have no internal precedents; we are constructing our jurisprudence from scratch”. Certainly, there are many new issues confront-ing the Court that have not been addressed by other international criminal adjudicators (such as the International Criminal Tribunal for the Former Yugoslavia).

Victim participation

One novel issue to confront the Court is the proper scope of victim participation. As a modern Court designed to address the most grave of international crimes it seems inade-quate to simply declare upon the guilt or inno-cence of the accused. Rather, the Court strives to provide a forum for victims to vent their grievances as a way of achieving justice in a more holistic sense. Accordingly, art 68(3) of the Rome Statute requires that the Chamber permit victims’ “views and concerns” to be presented and considered during and prior to trial. This raises the difficult question of how victim participation is to be reconciled with the rights of the accused. For example, some would argue that allowing people to claim the status of victim necessarily implies that the ac-cused has committed a crime, thus undermin-ing the defendant’s right to be innocent until proven guilty. The Appeals Chamber has tak-en a moderate approach to the issue. It con-fined a wide definition of “victim” previously

articulated by the Trial Chamber, but accepted the existence of broad participation rights.

Disclosure obligations

Despite these procedural matters raising sig-nificant issues for the Court, participants and the accused, the most profound issue to con-front the Court in the Lubanga Case is that of disclosure. Both the prosecution and the de-fence are required by the constituent texts of the Court to provide the other with their evi-dence prior to trial.

Defence disclosure

The defence has argued that the accused has the right not to incriminate himself, and ac-cordingly that the defence has extremely lim-ited obligations to reveal its evidence or lines of defence. Further, the defence argued that it was only required to afford inspection of the material which it will use in the trial. Finally, the defence submitted that as the issue of ad-missibility of evidence was only raised at the time of presentation of evidence, it could not provide pre-trial disclosure of admissibility ar-guments. The prosecution, by contrast, urged the Chamber to adopt an expansive interpreta-tion of the defence’s obligations to disclose.

The Chamber in its Decision on Disclosure by the Defence, handed down on 20 March 2008, noted that defence disclosure was established in the Rome Statute in order to secure a fair and expeditious trial and to assist the Chamber in its determination of the truth. Accordingly, such provisions did not infringe the rights of the accused and the defence should disclose “details of the defences and the evidence to be presented, and the issues that are to arise” during the trial.

Witness protection

Indeed, disclosure has been a fraught issue as the prosecution has refrained from disclosing witness statements to the defence for fear of endangering witnesses. Although applica-

9EquaLity HanDbook

icc: Procedure and Fundamental Rights

oPi

nio

n

tions for their protection have been made to the Victims and Witness Unit, some of these have been rejected. Anxious to err on the side of caution, the prosecution has argued that the Unit applied the selection criteria for partici-pation in its protection programme too nar-rowly. This the Unit objected to—a position that the Trial Chamber concurred with in its Decision on disclosure issues, responsibilities for protective measures and other procedural matters.

Exculpatory material

An even more fundamental issue relates to the prosecution’s obligation to disclose ex-culpatory material. Article 67 of the Rome Statute enumerates the rights of the defence, including the right to disclosure of evidence that “tends to show the innocence of the ac-cused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecu-tion evidence”—otherwise known as poten-tially exculpatory evidence.

Yet the Rome State, by virtue of art 54(3)(e), also confers on the prosecution a right to make agreements with information providers not to disclose evidence they provide. There are no limitations on such agreements except that the evidence they cover must be evidence used “solely” to lead to new evidence—otherwise known as “springboard” evidence. The stat-ute does not indicate which provision is to prevail in the event of a conflict between the provisions. The prosecution entered into such agreements with the United Nations pursuant to the Relationship Agreement with the UN as well as with other secret information provid-ers. Indeed, the agreements covered all in-formation provided by those sources without that information necessarily being sensitive or springboard in nature. The prosecution has ac-knowledged that some of the information cov-ered by the agreements is potentially exculpa-tory. Despite this, some information providers refuse to disclose the information, not only to the defence but even to the judges of the Trial Chamber, regardless of an undertaking by the

Chamber to maintain the confidentiality of the documents.

The defence argued that withholding exculpa-tory material contravenes its right to a fair tri-al and requested the Trial Chamber to order a withdrawal of the charges. In reply, the prose-cution argued that the Relationship Agreement was authorised and binding on the Court. The Trial Chamber held in June that unless the po-tentially exculpatory materials were provided so it could evaluate the guilt or innocence of the accused, the defendant would be denied a fair trial. Accordingly, the Trial Chamber in-definitely stayed the proceedings and ordered the accused’s release, declaring that “the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial.” An appeal by the prosecution is currently pending.

conclusion

As these examples illustrate, the term “proce-dural matter” is deceptive. Through disclo-sure, victim participation and delay, procedure raises fundamental questions about the nature of the right to a fair trial and the appropriate balance between rights of the accused and oth-er legitimate public interests. Far from being a purely “administrative” hurdle, procedure reflects an array of complex policy decisions, at times having extensive consequences. In the Lubanga Case, these consequences have affected victims—specifically their safety and participation—the relationship of the Court with other international institutions such as the UN, the rights of the accused to a fair trial and the evolving nature of the Court. ■


oPi

nio

n

On the 30th of June 2008, six Nobel Peace Prize laureates spoke as one in calling on the Iranian Gov-ernment to ‘guar-antee the safety

and immediate unconditional release’ of seven prominent Iranian Baha’is arbitrarily arrested in March and May of 2008. This followed similar statements of concern by the European Union, the White House, the Governments of Australia and Canada, and various inter-national NGOs, including the International Commission of Jurists, Amnesty International, the Federation for Human Rights, the Interna-tional Campaign for Human Rights in Iran and the Iran Human Rights Documentation Cen-tre. NGOs and Faith Communities in Australia also have expressed their concern.

The only “crime” of these seven individuals is that they are members of the Baha’i Faith. Ini-tially held incommunicado, the seven Baha’is continue to be denied fundamental human rights, including access to legal counsel. They join another 14 Baha’is who are currently known to be incarcerated in Iran because of their religious beliefs.

As Iran’s largest religious minority (number-ing around 300,000), and with an estimated five million followers worldwide, the Baha’i Faith is an emerging global religion that ex-pounds the unity of the human race and es-sential oneness of the world’s major religions.

The Baha’i Faith is a peaceful religion whose followers practise obedience to one’s govern-ment and the laws of the land.

Despite this, the government of Iran has pur-sued a systematic campaign to eradicate the Baha’i community. The religion suffered per-secution since its inception in Iran in 1844 but the oppression greatly increased after the Islamic Revolution. Since 1979, more than 200 Baha’is have been summarily executed or killed, hundreds more have been imprisoned, and tens of thousands have been deprived of jobs, pensions, businesses, and educational opportunities. All national Baha’i administra-tive structures have been banned by the gov-ernment, and holy places, shrines, and cem-eteries have been confiscated, vandalised or destroyed.

While intense international pressure over many years gradually halted the violent excesses of the persecution of the Baha’is, in recent years the situation of the Baha’is has again deterio-rated as the Iranian government continues to pursue its aim of destroying the Baha’i com-munity. Over the past three years, there has been an official, nationwide effort to identify and monitor all members of the Baha’i com-munity, combined with a campaign of propa-ganda against the Baha’i Faith in government-controlled media. There has been a gradual increase in the cruel and arbitrary use of pow-er against Baha’is, including revolving-door arrests and imprisonments, widespread and systematic measures to deprive them of em-ployment, pensions, loans and other means

Nick Goodfellow, Master of Public and International Law and Member of Melbourne University Baha’i Society

the iranian baha’isa Persecuted Minority

11EquaLity HanDbook

the iranian baha’is: a Persecuted Minority

oPi

nio

n

of livelihood, as well as attacks, intimidation, harassment and discrimination against Baha’is of all ages. Recent months have seen an up-surge in violent attacks targeting the members of the Iranian Baha’i religious minority, their homes and other properties, as well as Baha’i cemeteries throughout the country. Several cases involved physical assault or ill treatment inflicted by detaining officials while individ-ual Baha’is were in custody. Baha’i school-children throughout Iran have been harassed by teachers and school officials in an effort to make them reject their own religion.

University students around the world can par-ticularly sympathise with the plight of Baha’i students who, among other human rights abuses they suffer, are denied the right to edu-cation. While the Iranian government has re-ported opening its doors to Baha’i university students, reasons are found to expel them as soon as they are enrolled. For the academic year 2006–2007, the majority of the roughly 200 Baha’is who managed to enrol in Iranian universities had been expelled by the end of the year. For the academic year 2007–2008, al-most 800 of the more than 1,000 Baha’is who sat for and properly completed the entrance exam in June 2007 have received word that their files are “incomplete”—thus preventing their university enrolment.

Baha’is across Australia hold grave concerns for their fellow Baha’is in Iran who stand res-olute in the face of blatant violation of their civil, political, social, economic and cultural rights. With continued international pressure we hope that Iran will abide by its internation-al human rights obligations so that the Baha’is of Iran will be able to practice their religion in peace and contribute to the advancement of their homeland.

For more information see <bahai.org/persecution/iran>. ■


oPi

nio

n

The World Trade Or-ganisation (“WTO”) is perhaps one of the most misunderstood international institu-tions in the world to-day. Its 1999 Ministe-

rial Conference in Seattle caused protests with well over 40,000 people in attendance, and was accompanied by violent riots and extreme police repressive action. The WTO is often seen as the harbinger of the worst of rough-shod globalisation—destroying communities, cultures and countries in its singular pursuit of free trade. Its benefactors are said to be rich nations who use the WTO to exploit the poor and push their right-wing, anti-development agenda. It is seen as a symbol of all that is wrong with globalisation and international institutions—undemocratic, corrupt and cap-tive to powerful interests, and until recently, my views certainly reflected much of this sen-timent.

But how bad is the WTO? Does this harsh rep-resentation accurately reflect reality? The pre-amble to the constituent agreement of the WTO, the Marrakesh Agreement signed in Uruguay in 1994, recognises development, equity and sustainability as the goals of the WTO. Inter-estingly, developing countries dominate the WTO membership, with two-thirds being de-veloping countries and one-fifth classified as least developed countries. So, does the WTO live up to its preamble? Moreover, why do so many countries, particularly developing ones, want to be a part of the WTO trading system?

While it is clear that there are significant fail-ings with the international trading system, and it is in urgent need of serious reform, this is not the full story. The WTO, in fact, embodies some positive principles and developments for the world’s poorest. For us to be effective in criticising the failings of the WTO, we need to be honest and knowledgeable about its suc-cesses. To ‘speak truth to power’ we have to know the whole truth. Three elements of the WTO that suggest it is more a force for good than bad are the WTO dispute settlement sys-tem, the decision-making/governance struc-ture of the WTO itself, and the benefits of a multilateral trading system compared to bilat-eral arrangements or protectionism.

The WTO Dispute Settlement Board is one of the most powerful and effective dispute set-tlement bodies in international law. Though it too has had its fair share of criticisms, it is also a tremendously empowering institution for de-veloping nations. The advent of the WTO and the institutionalisation of international trade led to the creation of rules, regulations and laws that provide rights to all members and allow them to assert these rights through the Panel and Appellate Body process. This em-powers weaker nations to question the action of their larger trading partners, and develop-ing countries have been using the system. Since 2000, 60% of WTO disputes have been brought by developing countries, and they have also participated as third-parties in many other disputes. While power imbalances re-main between countries with the resources to litigate on a scale unavailable to other nations, the mere presence of enforceable rights and a forum in which to realise them has been a gen-

Devon Whittle, 5th year Arts/Law

what’s Right with the world trade organisation

13EquaLity HanDbook

what’s Right with the world trade organisation

oPi

nio

n

erally positive development for poorer nations and has provided them with additional lever-age to bolster their negotiating position.

The decision-making process of the WTO itself also improves the negotiating position of smaller nations. The WTO is in many ways a ground breaking in-

ternational institution due to its relatively unique consensus approach to decision-mak-ing. This means that if one nation disagrees with a decision, it will prevent the decision from going ahead. There is no special veto for some nations and votes aren’t distributed based on member contributions. Rather, each country is given one vote, and consensus must be reached on most decisions. This meant, for example, that during the Uruguay Round of negotiations, the G-90, a group of develop-ing nations, was able to get the WTO to agree to the important Agreement on Agriculture, which was instrumental in lowering tariffs on agricultural products.

Of course historically, the decision-making of the WTO has been rightly criticised for its informal ‘Green room’ discussions that have resulted in developed nations collaborating amongst themselves to reach decisions with-out input on the part of developing nations. However, this problem has been recognised by the WTO Secretariat and steps taken to ad-dress this—although there is clearly more to be done. Importantly, the WTO’s consensus decision-making is generally considered much more progressive than other institutions such as the World Bank or International Monetary Fund. It provides all nations with the ability and opportunity to opt out of an agreement and action that doesn’t serve their interests, al-though whether this is realised does depend on the reality of international politics.

The reality of international politics is that na-tions will push forward their own agenda when at the WTO negotiating table. The other way

the WTO addresses this power-play problem is by creating a multilateral trading system. In the multilateral trading system, the observance of the Most Favoured Nation principle means that when one nation convinces another to lower tariffs, this concession must be applied across the board to all WTO members. Thus, developing nations can benefit from negotia-tions between powerful players and through negotiating blocs of members that they would be unable to attain if working alone against a major power. In contrast, bilateral trade agree-ments, such as the infamous Australia-United States Free Trade Agreement, are generally dominated by the powerful country to the det-riment of the weaker. As we saw in Australia, the outcome of these agreements is generally lopsided, as the weaker party has no leverage to negotiate against the dominant party. By in-stituting multilateral deals the WTO provides better trade deals for all nations and simplifies the world-trading regime, thus working in fa-vour of poorer nations.

So, given the above, does the WTO deserve the reputation it has amongst those concerned about social justice? The answer to a large de-gree is yes. Perhaps not the straw man set out above, but it is certainly true that the WTO has been responsible for a lot of mistakes, and the power imbalances remain between rich and poor nations. Developed nations have historically pushed for lopsided deals that do nothing for the developing world, and increas-ingly all nations are no longer willing to make significant compromises during negotiations to realise the development potential of trade. However, if we are to seriously address the real issues facing the WTO, we also must ac-knowledge its significant strengths. We have to understand the good and potential for good embodied within the WTO trading system to be able to realistically and knowledgeably talk about reform. We need to be able to separate the institution from its members and focus our energies on making the next WTO round bet-ter for developing nations.


what’s Right with the world trade organisationo

Pin

ion

Ultimately, I’m a WTO optimist. I believe in the ability of freer trade to make the world a better place for the poorest. I believe that prop-er protections can be built into the system to protect our environment, people and cultures. And I believe that what is needed is reform not revolution. Though you may thoroughly disagree with me on all three counts, I would encourage you to investigate for yourself the reality of the WTO, beyond the rhetoric and headlines. All three areas I’ve outlined above do contain within them significant potential for abuse, which is beyond the scope of this article. Nevertheless, they represent ways in which the WTO can and does work to achieve the goals set out in its preamble and help to ex-plain why it retains such authority in the world today. The WTO isn’t all bad, and by recog-nising its good qualities, we can work towards making it even better. ■

15EquaLity HanDbook

oPi

nio

n

Over the recent winter break I spent two weeks in Geneva with 24 other Melbourne Law School students. We were masterfully (if a lit-tle ‘regimentally’) chaperoned by our oracles of international law Bruce Oswald and An-drew Mitchell, with fantastic virtual-support from Tania Voon who was back in Melbourne. The trip—call it a junket if you will—was the practical component of the subject Institutions in International Law (“IIL”).

Lucky for us bright eyed disciples, the course essentially involved traipsing around Geneva touting suits and trying to look as professional (or at least as little like mere Undergraduate Nothings) as possible. As we wandered about, we visited a range of international institutions where we heard presentations and engaged in group discussions about the work of these in-stitutions.

At some point during the fortnight I agreed, somewhat blithely, to submit a contribution to this Handbook. Weeks later I find myself engulfed by a sense of dread. The submissions deadline looms and still nothing. I wonder what on earth I might say that will be of in-terest to law students and that will fit within the themes of the Hand-book?

Well, the trip to Geneva seems about as good a place to start as any. If this is the starting point from which I let my mind wander, I find that it settles itself on a small organisation called the Centre for Humanitarian Dialogue (“CHD”).

Perhaps because of the work that the organisa-tion does, perhaps because I had never heard of it before the trip, or perhaps for both of these reasons and more, it has left quite an im-pression upon me.

The CHD was established in Geneva in 1999 by a handful of staff who, as I understand it, came predominately or entirely from a UN background. The CHD now has around 40 staff and operations in Europe, North Ameri-ca, Africa and Asia. The aim of the CHD is to “help alleviate the suffering of individuals and populations caught up in both high-profile and forgotten conflicts, by acting as mediators…, or by providing mediators with the support they need to work effectively”. So the CHD views mediated dispute settlement as an im-portant path to peace in the context of ongoing conflicts, and, it exists because a group of peo-ple recognized the need for better and greater provision of such mediation services.

Emily Long, 5th year Arts/Law

Peace and Justice: a Matter of Give and take?

an introduction to the centre for Humanitarian Dialogue


Peace and Justice: a Matter of Give and Take?o

Pin

ion

Our visit to the CHD has left behind two nag-ging questions in my mind. First, why is an organisation engaged in what seems to be such worthy and potentially fruitful work, such a unique and surprising find in the maze of international institutions? Second, what problems are raised by formal mediation of disputes? Namely, to what extent does medi-ated dispute settlement necessitate a weighing and balancing of peace and justice, and how can we best mitigate the associated losses in respect of either?

The first question comes from the fact that the CHD seemed to jump out at us from nowhere. As a law student of the ‘new millennium’, the novelty of this independent, extraordinarily small organisation (we had, after all, the UN, the WTO and the WHO with which to compare it) seemed incongruous. As law students, we are being educated in a period in which Alter-native Dispute Resolution (“ADR”) is utterly in-vogue. To prove it, we carry with us collec-tive memories of weeks of lectures compar-ing the “zealous advocate” with the “settler”, comparing competitive negotiation with con-sensus-oriented negotiation, and considering the benefits of interest-focused negotiations over position-driven approaches. ADR is a component so entrenched within our law de-gree that it is beyond being taken for-granted. And it seems to be for relatively sound rea-sons: an adversarial approach to dispute set-tlement should not be presumed to be the only or the best—most “efficient”, if you’ll forgive my use of the sometimes irksome term—ap-proach.

So if the merits of ADR are so well recognized and espoused in the domestic legal setting of countries like Australia, the US, Canada, the UK etc, then why is it that such a small or-ganisation like the CHD seems to be carry-ing the torch alone in the ever-growing field of international institutions? Should formal mediation play a larger role in international dispute settlement? And if so, should we be aiming for an institution—and a set of ac-companying formal and administrative rules

to boot—much greater and more comprehen-sively equipped than the CHD? An institution that is large enough to cater sufficiently for the many disputes of varying scales; to be able to intervene in the pre-escalation phase; to assure member states and affected parties of a certain reliable quality and consistency of services; and, thus, to enjoy legitimacy in the eyes of the international community and so to offer decent prospects of success?

The second thought does, I suppose, stem from the first. Whilst ADR is well-regarded for its benefits, it does raise an inherently troubling concept. The question is of course raised by any mediated settlement process, but it does appear to loom larger in the context of resolv-ing international or internal violent conflicts. The question is that of peace versus justice. Mediating a settlement to a dispute is often a question of taking the approach of the next best alternative: we desperately want ‘x’, the other party desperately want ‘y’, but we real-ise that ‘q’ (peace) is in all of our best inter-ests. Perhaps, then, we should sacrifice some elements of ‘x’ in order to achieve peace? And so essentially the question is: is it ok to sac-rifice—or at least compromise—“justice” in order to obtain peace in the short term? And perhaps more controversially, is it OK for or-ganizations, governments, or even mediators, to push for such concessions in the name of peace, when they know that they may be sac-rificing justice being done?

Take for instance the approach of President Ahtisaari of Finland , mediator in the Aceh peace process that resulted in the Helsinki accord. Ahtisaari is recorded as having im-posed upon the mediations a very particular tactical approach. His formula was “nothing agreed until everything is agreed”; the time frame was six months; and, Ahtisaari wanted an agreement that would be “brief and general in content”. Ahtisaari believed that if the pro-posed agreement was too detailed, the parties “would never reach results”, whereas a “suffi-ciently compact agreement gives responsibil-ity also to those who implement it and leaves

17EquaLity HanDbook

Peace and Justice: a Matter of Give and Take?

oPi

nio

n

enough room to interpretation”. This particu-lar approach adopted by Ahtisaari seems to have played a significant role in shaping the course of the dispute settlement process and the ultimate agreement.

However, it must be questioned whether it is acceptable for a mediator to wield such enor-mous power, when there seem to be no rules governing this influence? To what extent did Ahtisaari—if at all—decide on every par-ty’s behalf that peace rather than justice was the short term priority? Stepping back to a broader perspective, in such a situation who is qualified to decide that a sacrifice of justice in the short term might be the best path towards peace in the long term? And if this is an ap-propriate approach to take, whose ideas of peace and justice should be reflected in such a settlement framework? How, for instance, to avoid this simply amounting to an exercise of the more powerful party disproportionately effecting their own interests? What’s more, can it possibly be as simple as simply sacrific-ing justice now for peace later? Whilst com-promise on the justice front in the short term may contemporarily lead to a settlement, will this simply result in further disputes down the track as matters of discontent simmer below the surface?

As I suggested at the beginning of this piece, the prospect of writing a submission for the Handbook instilled in me a sense of doom. I can’t help but wonder what I have to add to the enormous number of words out there al-ready, not to mention offering them to such a demanding audience. However as I thought about it further I realized that the best thing I can do is to share a unique experience and put some puzzling ideas into the minds of others. What I hope I’ve done is spread the word to a few about the existence of the CHD, the work that it does, conveyed the importance of its work and the potential that it offers, and raised some of the issues that necessarily demand at-tention if this potential is to be meaningfully realised. ■


oPi

nio

n

I stumbled across a conversation between two young Austral-ian men the other day who were ponder-ing the workings and wonders of feminism. While I was apprecia-tive of their thought-

ful engagement (men, talking willingly and voluntarily about feminism!), I was alarmed to find the conversation fraught with bounda-ries and limitations, with assumptions of space and singular presences. My response to their ponderings arrived in the following fashion:

You have to be careful I think, when you talk about who defines the limits to feminism—I’m not sure that it was ever for “men” to de-cide what feminism means for women, nor am I convinced by the argument that by being a “male feminist” somehow replaces a space taken on by a woman. If “men” were to “be” feminists, I’m not sure either, that “taking that place from women and speaking in their stead, over them” [emphasis added] is at all part of feminist discourse. At the very crux of feminism is the actual ability for dialogue and actions to take place without this “male” pri-macy, but that’s not to exclude men from be-ing involved in this process. Being male does not mean that your entry into discourse will always be at a “dominating” level. Arguably, being a male feminist means you would accept and actively engage without this domination occurring and it appears that a lot of ‘feminist “history”’ is indicative of this.

Those who argue that men who want to be feminists are replacing women in feminism would seemingly suggest that “feminism” en-gages a finite space. However, I don’t think this is true. This contention, combined with the “progression” argument, would make it seem fairly plausible that the “members” of feminism themselves can also change. By drawing on the existence (or reality) of both the non-linearity of philosophy at one level, and of conclusions at another, the presump-tion that feminism has progressed to a “post-feminist” state not only falls to its knees, but again assumes that thought processes also fol-low some sort of linearity.

While processes such as legal reasoning en-courage you to think about causal relation-ships between certain “points” in time, I would encourage you to read Zygmunt Bau-man’s Liquid Life wherein he writes “modern” life into one that is liquid, a precarious life that might be lived under conditions of constant certainty. Viscous and fluid, such life is one of continual beginnings, narrated frequently without reference to successive (and inevita-ble) endings. Messy, in a word. Thus, while you might clearly argue that linearity of “fem-inist states” through “time” is not plausible, so too might you argue that its representatives, its constituent parts are equally non-linear, allowing for the entry of “male” feminists, “transgender” feminists and the like, because people’s thought processes are equally mixed and change as new experiences arrive.

Furthermore, feminism isn’t reserved for “women” per se; it’s about that small but sig-nificant step in between—that moment where

Sandra Wendlandt, 2nd year Law

Musings on Feminism

19EquaLity HanDbook

Musings on Feminism

oPi

nio

n

you pause and realise (in an ideal state)—there is an inequality here. What is it, why does it exist, what could or should be done to ensure that it is resolved and who is the “oppressed” (so to speak)? That the most frequent con-clusion drawn that it is “women” who suffer these inequalities, I would argue, is the reason why this step-in-between is often overlooked. The answer is too frequently all the same, so take a shortcut. Of course, there’s another ar-gument to be had about the role of ‘inequality’ and whether it is always a bad thing. To this end I’d draw on Georges Bataille, and his Ac-cursed Share.

Of course, the term “feminism” does not have a singular meaning either, nor does it have a singular representation among women. In par-ticular, Mohanty and Spivak are pertinent and passionate scholars (Indian women) who have challenged the (more frequent) singular repre-sentation of the “white woman” speaking for the “oppressed and poor third world woman”, which quite obviously is a blatant error, given a whole host of cultural and historical differenc-es. So it points to a multiplicity of feminisms. Couldn’t men also be a form of this too? The work done by subaltern scholars could also represent a form of feminism, or at least draws on similar sorts of critical discourse. Subaltern refers to those who cannot speak (minority groups, untouchables), but upon speaking are no longer subaltern, and hence struggle to gain any sort of political or mimetic representation. I suppose that it’s all just a method of interpre-tation and of understanding in the world.

So, I think that without “men” also engaging themselves as feminists, a state as alienating as the “first world woman speaking for all wom-en without redress” would ensue. Feminists speak more broadly about social relations, not just about the sorry plight of women. If it were purely about women, why isn’t it just “wom-anism”. I think it’s about representation. ■


oPi

nio

n

Voluntary abortion can take a variety of forms: in early stages, vacuum abortion is usually used, which is where a manual syringe or an electronic pump removes the embryo/foetus and disposes of the body. In some countries, RU486, a drug to induce an early miscarriage, is also often used. After the first trimester, dilation and evacuation becomes the most common method. This is where the abortion-ist dilates the woman’s cervix, gives her an anaesthetic and then uses forceps to separate the foetus into pieces, carefully removing the foetus’ limbs from the womb. In rare circum-stances, during a late-term pregnancy, an abor-tionist may induce a woman with a variety of drugs to go into early labour and perform what is known as a partial-birth abortion. Here, the doctor cuts the foetus’s skull open in order to remove the brain and collapse the skull, mak-ing it easier for the foetus to pass through. Oc-casionally, an injection of potassium chloride will be injected into the foetus’s heart before the procedure to ensure that he/she is not actu-ally born alive. To call some methods accept-able and other methods not is, in this writer’s opinion, arbitrary: we either accept these pro-cedures, or we do not.

It always seems odd that this whole issue is largely perceived to be related to religion. While we should respect and acknowledge the religious aspects of this debate, the issue should, at its most fundamental level, be about basic human rights. You either believe that all human life has the right to be protected, or that it does not. You either believe that we have the right to choose to end a pregnancy, or that we do not. You do not have to be religious to be pro-life and, despite popular belief, abortion

is not a debate about the separation of church and state. This debate is about basic human morality and whether we, as a society, put a greater emphasis on the right to life or the right to choose. This writer believes in upholding the rights of the unborn and this article will attempt to show the injustices of liberalized abortion. In the spirit of equality, all forms of human life—whether embryo, foetus, infant or adult—should, in this writer’s opinion, be granted at the very least one right: the right not to have their life arbitrarily taken away.

While we can talk about abortion in abstracts, we can only feel the pain of abortion by per-sonalizing the experience. Imagine not being born. Imagine your parents, for whatever rea-son, aborting you. It is impossible; even scary. You would not exist and, unless you have a belief in the afterlife, you have probably lost your only chance to live. Life is inherently sa-cred and we, as fully conscious beings, should not have the right to force our views onto those who cannot express an opinion. In the words of former US president Ronald Reagan: “eve-rybody that is for abortion has already been born”.

The right to experience life ought to be the most fundamental human right and, with the only possible exception being to save the life of a mother, nothing should interfere with this right. A hypothetical woman in most circum-stances has the right to make her own deci-sions regarding her body, but she should not have the right to take away the life of another. This separate life form is not “her body”. The embryo/foetus is a completely separate human entity and should be granted the legal right to

Thomas Ickeringill, 2nd year Commerce/Law

abortion Rightsa time for change

21EquaLity HanDbook

abortion Rights: a time for change

oPi

nio

n

be born. Once life has been created, we as a society should do everything we possibly can to ensure the survival of that life.

While most of us accept that murder is gen-erally unacceptable, some of us come to the conclusion that an embryo or a foetus is not life and is therefore not entitled to the same rights as the mother. Even though this writer does not believe this, it is still a widely held view that must be respected. The leading US judgment of Roe v Wade uses the notion of “viability”: it is unconstitutional to prohibit a woman from procuring an abortion on any ground until the foetus is “potentially able to live outside the mother’s uterus … with arti-ficial aid”. This statement regarding the time at which life supposedly starts is flawed. It does not make sense that a foetus has no rights up until this point of viability (around 20–24 weeks by current medical standards) but that, at some certain date into the pregnancy, the foetus is instantly given the same protections as a person living outside of the womb.

While infanticide—the practice of intentional-ly causing the death of an infant—is frowned upon by most cultures, it still occurs in some countries. In the Netherlands, for example, prosecutors have openly stated that they will not press charges in cases of infant euthana-sia: that is, where a hospital puts an infant to death if, after consent is given by its par-ents, a team of social workers and physicians give their approval (in practice, only if handi-capped or in cases of severe illness). Further-more, in some rural areas of India, the practice is not uncommon: given a cultural preference for boys (and the incredible expense of girls’ dowry), some families will kill their newborn baby girls. These examples are trying to illus-trate the point that infanticide exists and, tak-ing the right to choose to its logical conclu-sion, it should also be acceptable in Australia. A simple question must be asked: where do we draw the line? This writer argues that this line should be drawn at conception—not 20–24 weeks, not birth, not after birth—as this is where the process of life begins.

When it comes to the issue of abortion, many people who are not passionate about it try to find a compromise option. Some argue that re-lationship issues may not allow for a child to be brought up in a loving environment and, there-fore, abortion is acceptable. Some argue that socioeconomic factors may require parents to have an abortion so as to maintain a minimum level of financial security. Some argue that it is acceptable to abort if the foetus has defects so that the child does not suffer pain or torment. The list of commonly held exceptions is ex-tensive. However, as soon as we start making exceptions, we are compromising the value of life. The pro-life/pro-choice debate is always incredibly divisive because it is an issue where no acceptable ‘middle ground’ can be found.

If the decision to abort is made with the belief that it is for foetus’ benefit, it must be stressed that living a bad life is infinitely better than never having the chance to experience life at all. More often, however, the decision to abort is a matter of convenience: an unwanted child, in all likelihood, would adversely af-fect a mother’s finances, education, career, relationships or autonomy. The convenience of spending a few hours at an abortion clinic compared to spending decades raising a child is obvious. However, it is unacceptable, in this writer’s opinion, to advance a part of our lives while completely taking away another’s life. In extreme circumstances, there is always the legitimate option of adopting a baby out. There are thousands of willing foster parents and we should promote their role so that adop-tion—not abortion—becomes the acceptable method of dealing with incapable parents and unwanted pregnancies. While adoption is still not nearly as convenient as an abortion, it is much more noble and something that we as a community should support with open arms.

Despite the fact that Victorian anti-abortion laws have not been enforced in many years, the Crimes Act 1958 (Vic) (s 65) still explic-itly prohibits it with a maximum of 10 years imprisonment. This is due to the ruling of Menhennitt J in R v Davidson, who held that


abortion Rights: a time for changeo

Pin

ion

abortion is lawful in circumstances in which the mother’s life or ‘physical or mental health’ is in danger. He explicitly states, however, that this does not include ‘the normal dangers of pregnancy and childbirth’. Menhennitt J’s ruling has been interpreted very liberally and has, in effect, led to abortion on demand. At the time of writing (although this may have changed by the time of publishing), abor-tion has not been officially decriminalised. It should not be decriminalised and the true and literal meaning of s 65 should, in this writer’s opinion, be applied.

It is our duty to uphold the sanctity of human life and not let notions of convenience or self-ishness further erode the most fundamental human right. Life begins from conception and we do not have the right to impose our views onto the unborn. It is much easier to empa-thise with a woman struggling to cope with a pregnancy than it is to empathise with life that we have not seen or touched, but that does not make it any less human. It is time to put an end to this injustice. ■

23EquaLity HanDbook

oPi

nio

n

Early in 2008, the Federal Government an-nounced it would introduce sweeping law re-form to end discrimination against same-sex couples, and their families. Under the proposed changes, same-sex couples will be given equal recognition and rights as opposite sex de facto couples across a wide range of areas of fed-eral law, including superannuation, taxation, social security, health, aged care, employment entitlements, veteran’s entitlements, worker’s compensation and family law. Currently, gay and lesbian couples and their children are ef-fectively invisible under federal law, except for limited recognition as “interdependency relationships” in immigration and superan-nuation laws.

The expected reforms introduced by the Rudd government largely implement the recommen-dations of an inquiry by the Human Rights & Equal Opportunity Commission (“HREOC”) which found 58 federal laws discriminated against same-sex couples (Same-Sex: Same Entitlements Report of a National Inquiry, 2007). Associate Professor Miranda Stewart, a lecturer at Melbourne Law School and ex-

pert in taxation and superannuation law, was among those who championed law reform for same-sex couples. Taking time out of her schedule as the Co-Director of Taxation Stud-ies at the Law School, Stewart was one of the consultants to HREOC’s inquiry.

Already, three reforming Bills have been passed in the House of Representatives in Bills amending Commonwealth superannua-tion laws and the Judges’ Pension Act 1968, the Family Law Act 1975 and the Evidence Act 1995. These changes will ensure that, like a partner in an opposite-sex de facto couple, a member of a same-sex couple will be entitled to inherit his or her partner’s superannuation, will not be required to give evidence against his or her partner in court, and will be able to access the Family Court to resolve prop-erty disputes on relationship breakdown. The Bills also ensure that children of same-sex couples are accorded equal rights through full legal recognition of both parents in a same-sex couple. A further omnibus Bill is expected in the Spring sittings. The reforms, which affect more than 100 federal laws, will take effect by mid-2009.

While they have passed the House of Repre-sentatives, passage of the amending Bills is not certain, as the government does not control the Senate. The Bills have been referred for inquiry by the Senate Legal & Constitutional Affairs Committee. In August 2008, Associate Professor Stewart made a submission to the Committee and gave evidence in Committee hearings. The Committee reports at the end of

Associate Professor Miranda Stewart, Co-Director Taxation StudiesAnna Whitelaw, Final year LLB, Tax Group Coordinator

Same-sex Equality Reformsthe Role of a Law School academic


Same-sex Equality Reforms: the Role of a Law School academico

Pin

ion

September 2008. It is not clear what the po-sition of the Liberal senators or Independents will be on the reform.

Associate Professor Stewart sees supporting these reforms as an opportunity to put her re-search into practice, and to stand up for what she believes in. “I see it as part of my job as a law lecturer and researcher, as well as a moral duty, to engage actively in law reform debates and to participate in processes to improve the law on issues that are important. This is a use-ful function that law lecturers can play,” says Stewart. “I was able to put my academic re-search on recognition of same-sex families in tax and superannuation law to good use in as-sisting HREOC with its report and providing expert assistance to the Senate committee.”

These reforms are important because they will treat same-sex and opposite sex de facto cou-ples equally under federal law. Stewart ex-plains that “they end discrimination, bringing Australia into line with its international obli-gations and the law of many other compara-ble nations, and ensure that Australian federal law treats couples consistently with the law of all states and territories. As the government is also legislating to bring de facto couples into the federal family law regime, this is crucial to prevent same sex couples actually losing rights they have already attained at state level.”

The reforms send an important symbolic mes-sage about equality and against homophobia and discrimination, but they will also make a tangible difference to the lives of many same-sex couples and their children, including in respect of ensuring equal entitlement to su-perannuation, tax concessions and workers compensation. Stewart explains, “Same-sex couples will also bear financial costs, for ex-ample they will be accorded equal treatment with respect to income tests for social security benefits. The goal is equality in all respects.”

Although the reforms are huge step forward, Stewart acknowledges there is still a way to go. The reforms will not affect the definition

of marriage, which is limited to a man and a woman. “Unfortunately, there are still those within the society who resist these changes, and there will always be people who think that way, but the tide is definitely turning.” ■

aRounD tHE Law ScHooL

aRounD tHE Law ScHooL


aR

ou

nD

La

w S

cH

oo

L

When considering the environment, the law and the Law School, question marks quickly emerge: The environment and the law are compatible? We have an environment portfo-lio in the Law Students’ Society? What does it do? Do we even have law students interested in environmental issues?

I was admittedly quite apprehensive about the level of interest that law students would have in the environment for, once again, I admit to having the perception of law students being exclusively focused upon their studies so that they can secure that elusive job. However, I do believe that environmental consciousness is alive in law students, perhaps not to the ex-tent where it is alive and kicking, but it is defi-nitely present. There are students here (and not necessarily of the Arts/Law breed) who are involved in a wide range of environment related pursuits, such as the Future Sustain-ability Leadership Program, the Environment Defenders Office and Engineers without Bor-ders, to name a few. Other encouraging signs are to be found in the dramatic increase in the number of enrolments for the subject “Envi-ronmental Law” and in the warm reception towards the newly created “Legally Green” Environmental Law Seminars.

Briefly, these seminars were designed to deep-en the law student body’s interest and under-standing of current environmental law issues, and to learn how the law has a vital role in reg-ulating the management of our environmental resources. Held at various points through the year, the topics discussed included climate change litigation and public interest environ-mental litigation, and featured speakers from

the Melbourne Law School, Deacons Law-yers, the Victorian Bar and the Environment Defenders Office. The keynote forum, held in October, was a retrospective of Common-wealth v Tasmania (the ‘Tasmanian Dams’ Case)—yes, that case from Constitutional Law—and featured Justice Habersberger of the Victorian Supreme Court, Professor Barry Jones AO and Ms. Karen Alexander. All had been closely involved in the controversy over the Tasmanian government’s plans to dam the Franklin River. Justice Habersberger had act-ed as one of the counsel in the case, Professor Jones had served as the Minister for Science in the Hawke government and Ms. Alexander was an environment activist who had a signifi-cant role in coordinating the anti-dam protests They were most ideally placed to be our win-dow into the past, an insight into the social, legal and political turmoil that surrounded one of the biggest environment controversies in Australian history.

Other activities organised by the Environment Portfolio were the ‘An Eye on the World’ En-vironmental Film Festival and group dinners for environmentally-minded students. There

Hui-Chi Goh, 4th year Arts/Law, LSS Environment Officer

being neighbourly

27EquaLity HanDbook

being neighbourly

aR

ou

nD

La

w S

cH

oo

L

had been an attempt to run some conservation trips, but owing to assignments and bad weath-er, these had to be called off. The film festival essentially featured a selection of films that explored a range of environmental and social issues that faced the global community, such as the privatisation of water resources and the granting of oil drilling rights in the Artic Na-tional Wildlife Refuge.

While there is certainly a degree of interest in environmental issues in the Law School, I think that it should be an interest that extends to the general student populace. Over the years that I have considered myself to be an envi-ronmentalist, I have found that people who are interested in environmental matters tend to be labelled as “hippies”, “tree-huggers”, “radicals”, “new-age”, left-leaning, corporate-world-damning individuals who would have us recede into a lifestyle without our modern day conveniences. Conversely, people who are not particularly interested in environment matters are considered to be the oh-so-evil money-grabbing folks who seek to exploit the Earth’s resources for profit. We also have the tendency to use the person’s field of study to categorise the person’s character: “You are Arts, there-fore you are left, you are hippie, and you are radical”. Or it could be “You are Commerce, therefore you are right, you are a lover of cor-porations, profits, and you are greedy”. And it would be quite a surprise to an Arts student to find that there is a Commerce student inter-ested in environment matters.

To me, there is no need for such categories, stereotyping or labelling—if anything it cre-ates unnecessary antagonism and prejudice be-tween individuals. Having an interest in envi-ronmental matters is something that should be common to us all and should not be restricted to particular individuals who advocate particu-lar philosophies. But in making this statement, I do not turn to the usual terms in which this argument is presented, for instance, climate change, rising temperatures, melting icecaps and drought, for I think that these have been mentioned so often that one has simply grown

weary of hearing it. Instead, I would suggest that we owe it to ourselves, and to each other, to ensure that each one of us has a liveable and viable environment to live and work in, for the purposes of leading peaceful and healthy lives. We all should be neighbourly. To me, that is the crux of environmentalism. ■


aR

ou

nD

La

w S

cH

oo

L

I have had the distinct pleasure and honour to be the Mature Age Students’ Officer on the Melbourne University LSS Committee this year. Looking back at my experience I would like to reflect on a few moments that have raised particularly important questions. The first one is who on earth are mature age students?

According to the survey that was conducted at The University of Melbourne in 2006, mature age students are those over 23 years of age and not coming to university straight from school. They may be middle-aged students coming back to study after raising children; students who had no prior opportunity to study at terti-ary level; students undertaking a second un-dergraduate degree immediately following their first or professional people studying to upgrade their qualifications.

Currently the Melbourne Law School mature age populace consists of students belonging to both LLB and JD programs. I should stress at the outset that the LSS Mature Age Officer works for the benefit of both LLB and JD co-horts.

Since the discontinuation of the LLB intake to the Melbourne Law School in 2007, the pro-portion of mature age students is set to grow and thus the special needs of these students should attract increased attention from both the Faculty administration and student socie-ties.

What are the special needs that mature age stu-dents may have? Some of the most important

special needs, as well as what has been done to address them, have been identified below.

work-Family/university Dilemma

Mature age students can be very serious about their studies and make good academic progress. It is extremely important, however, to become very skilful in juggling different commitments and be an efficient time manager.

Mature age students require a degree of flex-ibility from the Faculty that allows them to pursue their course and maintain other com-mitments to work and family. This year it has been particularly challenging for them to achieve this given the significantly reduced number of subjects that use the i-Lecture fa-cility.

I have been a point of call for questions and problems for mature age students. This has required me to negotiate with the Faculty ad-ministration and all of the issues relating to their studies have been successfully resolved. It is important to bear in mind however, that students who continue their education in 2009 and beyond should be prompt in contacting their mature age representative or administra-tion about their problems to enable efficient resolutions.

Furthermore, we have continued to operate the Buddy-Mentor system, which was launched in 2005. It offers early year mature age stu-dents access to a personal mentor who can be contacted to explain the inner workings of the Law School—where it is possible to take short

Konstantin Rotarou, 3rd year Law, LSS Mature Age Students’ Officer

Mature age Memoirs

29EquaLity HanDbook

Mature age Memoirs

aR

ou

nD

La

w S

cH

oo

L

cuts, what subjects are most feared, where to get good notes etc. In addition, I provided in-dividual consultations to mature age students on various areas of their student life.

Graduate Employment

The graduate market poses particular chal-lenges for mature age students, who often, with their full-time work or family commit-ments, are unable to participate in the seasonal clerkship programs. For some firms it is still an unwritten rule not to recruit graduates who have not done seasonal clerkships with them. This puts additional pressure on mature age students to virtually bend over backwards to be able to catch the eye of the picky law firms’ HR representatives.

In this respect, given the growing number of mature age students it seems essential for the Faculty administration to raise awareness of this problem at all levels and pressure for changes to be made to existing practices. The Mature Age portfolio has been in contact with the Law Institute of Victoria’s Later Lawyers Network and will continue to lobby the inter-ests of our students in the graduate market in the future.

Social Life

Mature age students are notorious for their low level of engagement in the University’s social activities due to lack of time and high pressure from study and other commitments. This may lead to isolation and lack of connec-tion with fellow students, which may come at a cost down the track when they enter the profession. As many of you would know very well, success is often determined not only by what you know but also by who you know.

Apart from absolutely unwarranted suspicion towards the so-called ‘school leavers’ it has been shocking to hear excuses from some stu-dents for their low level of interaction, even with other mature age students, such as that

mature age LLB students are somewhat differ-ent from their JD colleagues and thus do not have much in common. I think this is a great mistake as the students from both cohorts share similar life experiences. Nowadays, chances are very high that the person sitting next to you with their cappuccino is in fact a JD or mature age LLB student. Why don’t you reach out and say hi? It just takes this extra step to form a friendship that you may carry with you throughout the rest of your professional life.

Therefore, it cannot be stressed strongly enough how important it is to participate in the widest range of practical and social activities run by the LSS—BBQs, competitions, Law Ball, Trivia Nights, and a plethora of interest-ing professional seminars and programs, etc. The Mature Age portfolio, on its part, has or-ganised events specifically catered for mature age LLB and JD students where they have had the opportunity to mingle with fellow students as well as meet practicing lawyers and articled clerks.

Overall, being the Mature Age Officer has been a fulfilling and enjoyable experience and I would like to thank all the LLB and JD stu-dents for your support. Also, my special thanks go out to the Faculty Mature Age Liaison Of-ficer, John Tobin who has been a good friend for several generations of mature age students and Associate Dean Maureen Tehan for her compassion and support. ■


aR

ou

nD

La

w S

cH

oo

L

Women lawyers are underrepresented at the top echelons of law firms – but change is ap-proaching through initiatives such as mentor-ing programs, and the support is coming from the firms themselves.

From the first days of entering law school, law students are posed with the now familiar question from family and friends: “So, what do you want to do with your degree?” How-ever, among readings, assignments and ex-aminations, law students can lose sight of the ultimate goal at the end of higher education – employment. For a student confined to the academic rigours of law school, it can be diffi-cult to find accessible information on a career in the law that will best suit their talents and professional objectives.

The Victorian Women Lawyers (VWL) and Women Barristers Association (WBA) Law Students Mentoring Program was launched by the Honourable Justice Marcia Neave AO on

24 July this year at DLA Phillips Fox’s Mel-bourne offices. The initiative aims to facilitate discussion between female legal professionals and female law students, opening avenues for consideration of a wide range of topics includ-ing seasonal clerkship and traineeship appli-cations, work-life balance and mentors’ indi-vidual experiences as barristers and solicitors in firms of all sizes.

Indeed, when a program comprising 86 men-tors receives around 400 expressions of in-terest from potential mentees, it is clearly a much-needed, and highly sought after, pro-gram. In Lawyer2B, Laura MacIntyre wrote that ‘demand’ for women mentors within the legal profession continues to exceed ‘supply.’

Chief Justice Neave states that ‘the benefits of mentoring are widely acknowledged, particu-larly in the legal profession. Career progres-sion, the culture of law firms and work-life bal-ance are among the hot topics that female law

students are concerned about and that practitioners deal with on a daily basis.’

Joanna Harris, a mentor with the VWL and WBA program, and solicitor at boutique firm Brand Partners Commercial Lawyers, says “women are great multi taskers, lateral thinkers and creative solution finders both in managing families and careers, but…it is not possible to do both long term unless there is effective work-life balance and also a balancing of the fam-

Courtney McLennan, 3rd year Arts/Law, LSS Women’s Officer

Preventing the Vanishing act

31EquaLity HanDbook

Preventing the Vanishing act

aR

ou

nD

La

w S

cH

oo

L

ily responsibilities between parents and/or extended family.”

As a single parent, Ms Har-ris has witnessed firsthand the fact that a career in the law ‘creates additional challenges for single par-ents.’ She says “as a sin-gle parent for most of my career, I found work-life balance in a smaller firm, where I can attend to the needs of my two children, whether that be medical appointments, school func-tions or just basketball se-lection trials, without sacrificing a full-time career in the law.”

Ms Harris’ employment has allowed her to maintain this balance but stresses that “this has only been achievable [through] open com-munication with my employer.”

She says that her female employer, a mother of three children, is very supportive of this work-life balance in order to allow “employ-ees to properly attend to their families’ needs.” However, Ms Harris also notes that “employ-ees should give back to the firm by using their time at the office and leave entitlements effi-ciently.”

But how to find the “right” work-life balance? Ms Harris concedes that “finding that balance is the primary challenge of most women in pro-fessional careers and it can only be achieved with the support of employers.”

From a firm’s perspective, Mary Hannebery, Human Resources Consultant at Maddocks agrees. Maddocks have achieved this work-life balance by putting in place initiatives such as the Women’s Network and incentives like paid maternity leave in order to not only at-tract women to the legal profession, but to re-tain them and allow for career progression as

well as flexible working hours. Ms Hannebery notes that the Women’s Network allows wom-en lawyers in the firm to get to know other women from different practice groups, as well as attending social functions for networking.

Maddocks has been cited for five consecu-tive years as an EOWA Employer of Choice for Women, a prestigious award which places Maddocks alongside selected large firms and is governed by strict criteria as to maternity leave and maintaining a supportive culture with the firm. Ms Hannebery is especially proud of the fact that Maddocks’ “percentage of return over the past 3 years has been between 98 and 100 per cent returning from maternity leave, most women lawyers choosing to return on a part-time basis. We have been able to accommo-date women’s requests for part-time and flex-ible work arrangements.” In short, law firms are looking towards flexibility as a method of retaining their talent—and it certainly appears to be successful.

In Australian law firms generally, however, more can be done to accommodate women lawyers, says Suzanne Tinkler, a mentor and Senior Associate in Commercial Litigation who has worked at Maddocks for ten years. With two young children aged two and four, Ms Tinkler says that finding balance in her “hectic” life “can be a bit of a juggle.”


Preventing the Vanishing acta

Ro

un

D L

aw

Sc

Ho

oL

She says that she “enjoys doing both: I en-joy being with my kids and working.” But it certainly “helps when you have a work place which is supportive—which Maddocks is.” Ms Tinkler relies on resources such as com-puters and her BlackBerry to work from home on occasions and remains flexible about the di-vision between home and working life. These resources have meant that “interacting with clients is a lot easier these days.”

As an Arts and graduate Law student while at university in Adelaide, Ms Tinkler says that she would have enjoyed the opportunity to speak with a mentor about her legal career: “I would have loved more information! If you were lucky you would get a paralegal job, but information about firms was very much word of mouth.”

As for the benefits of mentoring a law student, Ms Tinkler says that it “helps you get a better insight as to how people younger than you are thinking and keeps you in touch.”

Further support for women within firms, par-ticularly through mentoring programs, is need-ed to prevent the “vanishing act” of women in the early years of their legal careers. VWL Convener Christine Melis noted in Lawyer2B that while over “70 per cent of law graduates are female … less than 20%” of partners in law firms are female. “Women are dropping off at certain stages after about three to five years,” says Ms Melis.

Ms Tinkler agrees that firms can do more to support women employees. “There still needs to be a change in the mindset of firms in terms of work-life balance. There has been an en-trenched belief that lawyers need to be there all the time and hours can be long,” she says.

However, change is approaching. Ms Tinkler points out that there is increasingly a “slow acknowledgement” within firms that part-time employment in the law “can be done.”

Thus, throughout the legal profession, while firms are increasingly adopting initiatives,

there needs to be a wider commitment to sup-porting female lawyers.

“There still needs to be the flexibility and acknowledgement of work-life balance. It is moving in that direction but it needs to be gen-erally acknowledged by the profession,” Ms Tinkler says.

Indeed, our generation of female law students have a distinct advantage. Mentoring pro-grams, such as the VWL and WBA program, Ms Tinkler notes, enable students to “gain an insight into what it is like ten years ahead into their careers, and to be able to pick someone’s brains to see what it is like in practice and oth-er areas of the law.” In short, it is an informal opportunity “for the mentee to be able to ask questions and seek guidance,” which was un-precedented in previous years.

Change within law firm culture is certainly occurring and supportive programs to aid women lawyers’ career progression are avail-able. Mentoring programs are proving to be a crucial link between law school and the legal profession.

Indeed, with all this information on offer, mentees’ answers to the question “So, what do you want to do with your degree?” need not be an uninformed one, and with the support of employers, the “vanishing act” may soon be overcome. ■

33EquaLity HanDbook

aR

ou

nD

La

w S

cH

oo

L

The Beyond Collins Street Seminar Series are aptly named for their focus on careers beyond corporate law. While there are plenty of post-ers, pens, post-it notes, highlighters and car-rier bags that showcase a spread of potential corporate careers, alternatives do need to be canvassed and highlighted—otherwise we, as law students, miss out on seeing the full pic-ture of where our law degrees can take us. The series this year presented a range of speakers from diverse fields, with each of the four sem-inars exploring a specific theme.

The “Careers in Government” session fea-tured Melissa Bray from the Department of Foreign Affairs and Trade (DFAT) and John Cain from the Victorian Government Solicitor. Each spoke about the interesting mix of pub-lic policy and law that a job with the govern-ment involved. While they acknowledged that the competition for graduate positions within these departments was tough, we were given helpful tips on how to make our applications stand out.

The “Careers in the Environmental Sec-tor” touched on a broad range of topics, with speakers Mary Anne Hartley, the director of Melbourne Water, Libby Bunyan, Solicitor with Native Title Services Victoria, and Dick Gross, founder of the Consumer Credit Centre and former mayor and councillor of St Kilda. One of the key messages that emerged from this session was that law could be utilised in the quickly growing environmental sector in a myriad of ways.

A panel representing Community Legal Cen-tres (CLCs) presented at the “Careers in the

Community Sector” session. Hugh de Kret-ser, the Executive Officer of the Federation of CLCs provided a candid account of his move from the corporate world into the community sector. While it did involve a significant finan-cial sacrifice, it was inspiring to hear about his reasons for choosing to work with those who have difficulties accessing our legal system.

“Careers in the International Arena” featured Phoebe Knowles, with experience at the Spe-cial Court of Sierra Leone, Shanta Martin, the Mining Ombudsmen at Oxfam, and Lia Kent with Human Rights experience overseas. All three emphasised that one had to be proac-tive in finding and creating opportunities to work overseas. Interestingly, both Shanta and Phoebe had worked with Collins Street law firms, and confirmed that even those workplac-es had provided them with the scope to pursue their interests in human rights and community legal work.

The series culminated with a cocktail evening featuring the Honourable Justice Marcia Neave and her associate, Toby Mullen. The Judge provided us with a glimpse of a pos-sible career path in the future, while her as-sociate gave us a unique insight into a more immediate career option. The formal part of the evening was followed by food and drinks, enabling students to mingle with the speakers and ask any remaining questions.

The overall, and perhaps somewhat clichéd, message from the culmination of the series was that a law degree can open up an abun-dance of career opportunities in front of us. While this can at times be overwhelming, the

Jenny Jiang and Jessica Rae, LSS Equality Vice-Presidents

beyond collins Street


beyond collins Streeta

Ro

un

D L

aw

Sc

Ho

oL

message from those who have gone before is that one does not have to stick to the initial path chosen, whether this be “Collins Street” or some other. All our speakers provided us with good examples of individuals who have ended up in places they never thought they would, but were simply following their pas-sions and interests in a quest for a satisfying career. ■

35EquaLity HanDbook

aR

ou

nD

La

w S

cH

oo

L

Just Run is The Melbourne Law School’s 2008 Melbourne Marathon Team running to raise money for social justice causes. In its pilot year this year, Just Run hopes to develop into a law school tradition in future years, spread-ing social justice awareness and raising funds for a charitable cause. It aims also to foster greater interaction among students and aca-demic staff, and encourage active lifestyles for healthy minds and bodies.

Let’s stereotype a law student. Come on, I’m thinking: laptops, glasses, well-dressed, librar-ies, cafes and dare I say uptight … any of those resonate with you? Come October 12th, I’ll be proud to challenge such stereotypes alongside more than 20 students and academics from the Law School. We’ll be decked out in sports gear, matching dri-fit shirts and running the Melbourne Marathon to raise money for the Asylum Seeker Resource Centre (“ASRC”, see <asrc.org.au>), the largest provider of aid, advocacy and health services for asylum seek-ers in Australia.

The idea of “Just Run” is just to run, jog, or walk 5.5 km, 10km, 21.2km or 42.195km. In the wise words of the late running legend Ste-ve Prefontaine, “A lot of people run a race to see who’s the fastest. I run to see who has the most guts.” Speed and distance is irrelevant, as long as you are constantly challenging and racing yourself.

I am not a runner, nor do I particularly enjoy running. Yet in the past year I’ve clocked up five 10K+ races, a half marathon on The Great Ocean Road and will attempt the Melbourne Marathon, yes, all 42.195 km on October 12.

I will be inflicting cruel and unusual punish-ment upon myself and will no doubt endure (or not) much pain and suffering. I have no il-lusions about that. So how did I, a non-runner, get myself into this; and why? Well, it kind of just happened, and why not?

You see, the best thing about running is do-ing it alongside others who understand what you’re going through. You get to moan about assessments, catch up on gossip and groan about the aches and pains of training, and mo-tivate each other on down days. Yes, it is time consuming, but it is also extremely invigorat-ing, and the time outdoors keeps you focused indoors. When you’re constantly controlling your mind and challenging your body, you be-come stronger, inside and out.

In setting up Just Run’s pilot team this year, I selected the ASRC as our 2008 charity of choice because of my previous volunteer ex-perience there. When I “hit the wall” on my longer Sunday runs, I often think of the asy-lum seekers I met while working at the ASRC – the incredible hardships they survived, and the strength of their spirits. It is then that the

Calina Ouliaris, 4th year Commerce/Law

Just Run


Just Runa

Ro

un

D L

aw

Sc

Ho

oL

nagging ache in my thighs or creeping cramp in my right side seems child’s play in my mind, and amazingly, begins to feel negligible.

Just Run has already raised over $1200 in the first fortnight, and with a member base build-ing up and a month to go, we hope to reach a grand target of $10 000. Please visit <sites.google.com/site/umljustrun/Home> for more information and look under “List of Partici-pants” to join us or support our cause.

“You only get to negatively affect your DNA.”

10 K Truth Runner Manciata’s explanation for why some people can’t run a marathon. ■ VoLuntEERinG

VoLuntEERinG


Vo

Lun

tEE

Rin

G

The Eastern Community Legal Centre (“ECLC”) is an independent organisation that provides free, accessible legal services to dis-advantaged members of the community in the Eastern region of Melbourne. It aims to iden-tify and address issues of inequality and injus-tice that plague our legal system in the hope of empowering clients to meet their legal needs within a community development framework. While providing legal services to individuals, the ECLC also undertakes work beyond the individual, working with communities to initi-ate legal education and law reform projects.

As a volunteer receptionist day worker, I am often the first port of call for those contemplat-ing legal assistance. It is therefore my respon-sibility to make appropriate referrals for the clients once enquiries are conducted over the phone to identify the relevant legal issues. As the centre operates on an appointment based system, it is a rare occasion that people will spontaneously drop in, giving the solicitors ample time to prepare for their scheduled ap-pointments. Amongst booking appointments and phone referrals, I am also required to carry out general administrative duties such as data entry, opening client files and assist-ing the duty lawyers. Performing these tasks is not only important to understanding how the organisation operates, but also to maintaining procedural standards.

The centre gives advice mainly in the areas of family law, intervention orders, criminal law, neighbourhood disputes and debt related matters. In light of this, one of the main chal-lenges is to retain professionalism in the midst of distraught clients who require urgent atten-

tion. An ability to deal sensitively with peo-ple from a variety of backgrounds is therefore imperative. Moreover, where there exists a conflict of interest between opposing parties or matters we cannot assist with, it can also be a testing task to turn clients away. Despite these challenges, the many undulations met in a day’s work become rewarding experiences once they are resolved. It is often very com-forting to know that you have assisted the cli-ent in some way, either by helping them take the first step to understanding their rights or providing them with alternative solutions to their problems.

What I enjoy most about working at the cen-tre is the invaluable opportunity it provides to work in close proximity with the solicitors as well as interacting directly with the clients. Being involved in practical legal matters pro-motes a sense of commitment to a team dedi-cated to providing clients with advice on avail-able options and choices to empower them to take control. ■

Alexis Fong, 3rd year Commerce/Law

the Eastern community Legal centre

39EquaLity HanDbook

Vo

Lun

tEE

Rin

G

It is a common occurrence with many law students in their last few years to come to the realisation that juggernaut called ‘the beginning of my working career’ is looming ever closer by the day. And with a slight fluttering of

the heart the student realises that they are still largely in dark about where exactly they want to end up. Sure, the student can point the fin-ger at categories the various areas of law they find interesting (International law, Torts’ etc), but key career decisions such as whether to go into practice (and then which firm? Top-tier, mid-tier?) or alternative fields such as policy work remain undecided. At least that was how I was feeling the beginning of last semester. So how to get a taste of working in a legal or-ganisation without actually working there—volunteering!

And so it was that I began volunteering once a week with the small but friendly bunch at the Victorian Environment Defenders Of-fice (“EDO”) in the lovely Green Building. I choose to volunteer there partly because it is a Community Legal Centre (“CLC”), which means it is constantly engaging with the wider community. But I was particularly drawn to the EDO because it is the only CLC that spe-cialises exclusively in public interest environ-mental law. Furthermore, the activities that the EDO are involved in are considerably varied. A fair portion of their work involves provid-ing members of public and environmental interest groups with legal advice and educa-tion on environmental law matters, a system

of ‘helping others to help themselves’, so to speak. However, occasionally the EDO does provide representation for cases which they believe will test uncertain and emerging areas of environment law. Additionally, the EDO is concerned with environmental policy and law reform. They assess developments in Vic-torian and Commonwealth environment and planning law and often make submissions to Government relating to existing and proposed legislation. Thus, this breadth of activities un-dertaken by the EDO provides opportunities for volunteers to engage in many different types of legal work, which is very useful if, like me, you are still unsure where your legal career may be headed.

So what kind of things do you do as a volun-teer? Yes, sometimes you will be asked to do tasks that are not so interesting, such as post-ing letters and delivering documents. How-ever, most things that you do will draw upon the skills you have acquired in your law de-gree. Some of the work I have undertaken in-cludes researching, reading and summarising case law, assessing government reports and policy documents and even finding out about procedural matters. It can be concerned with investigating the very nitty-gritty dynamics of environmental law. For example, in help-ing out a solicitor put together the submis-sions for a case that concerned provisions in the Environmental Protection Act 1970 (Vic), I was required see if the meaning of a particu-lar section could be ascertained by searching through Parliamentary Hansard that discussed sections of the Act and reasons for amend-ments, right back until 1970. Alas—nothing was said about the meaning of the section!

Carly Godden, 4th year Arts/Law

Volunteering at the Environment Defenders Office


Volunteering at the Environment Defenders OfficeV

oLu

nt

EER

inG

Other tasks have required me to think about much broader matters in environmental law, such as one I was recently involved in that re-quired me to investigate indigenous manage-ment of natural resources in Victoria. Answer-ing the phones is another interesting exercise because you never know who might be on the other end and what their story might be. Quite frequently it will be an individual referred on from VCAT who has some minor planning is-sue which actually has very little to do with public interest environmental law, more often than not a complaint about their neighbour’s fence or tree! Nevertheless, handling these types of matters is actually very good experi-ence in dealing with the wider public and is a great confidence-building exercise.

And finally, you might be wondering what the perks of volunteering at EDO are, apart from that warm fuzzy feeling of knowing that you are helping out a small underfunded not-for-profit organisation? Well, I definitely think the reward is much greater than simply adding it your resume for the benefit of some future job opportunity. The number of people in the envi-ronmental law field is still relatively small (al-though it is an continuously expanding area) and volunteering within this field, particularly at the EDO, puts you in contact with many of these individuals and groups. In fact, a number of the solicitors at EDO were originally, many years ago, EDO volunteers. Furthermore, be-cause it is a small organisation, you get to take on more complex and interesting tasks than a typical clerkship. All in all, this experience has made me realise that simply getting involved in organisations in the environment and public interest law field can be just as important to your understanding of how the law works, as dare I say it, what you learn in a textbook! ■

41EquaLity HanDbook

Vo

Lun

tEE

Rin

G

We all know the drill: start law school, start resume-packing. What do we think will im-press law firms the most? But an experience common to so many legal volunteers is that once they become involved in their self-serv-ing, CV-building volunteer activities, they start to—yech—care. They get inspired by the in-credible groups of people who have dedicated their careers to correcting community injus-tice using their legal skills. They start to enjoy feeling as though they are making a contribu-tion, making a difference in people’s lives. At the Consumer Action Law Centre (“Consumer Action”), a community legal service that helps vulnerable Victorian consumers protect them-selves from the companies that we all deal with daily, that feeling of fulfilment becomes a common part of the volunteer experience.

Consumer Action is not your typical inner-suburb, open-to-the-public community legal centre. One of the distinctive features of this Law Centre is its policy focus. Funded jointly by Victorian Legal Aid and Consumer Af-fairs Victoria, Consumer Action pursues law reform initiatives concerning a range of con-sumer issues, particularly in the areas of credit and debt, product standards, and fair-trading. Although it was formed only two years ago, in a merger between the Consumer Credit Le-gal Service and the Consumer Law Centre of Victoria, Consumer Action has already under-taken a wide range of campaigns on a govern-mental level, in the media, and directly within the community. Not only does Consumer Ac-tion draw attention to issues in the newspapers or on television, it also provides fact sheets and educational publications on its web site,

and conducts studies and research into con-sumer issues.

Of course, a key aim of community legal cen-tres is to assist in providing access to justice, and Consumer Action doesn’t fall down on this hurdle. Consumer Action provides a full-time free legal advice service, so that any per-son in the State can call or email and hopefully receive some reassurance, as well as practical legal advice. In addition, Consumer Action takes on Victorian clients, representing the most vulnerable consumers against compa-nies who thought they could take advantage of individuals just because they earned low incomes, were unfamiliar with English, or did not have university educations.

One recent success involved a young mother of two small children, who believed, when she signed them up for self-defence classes, that she was organizing a direct debit with the self-defence academy to pay for the lessons. Instead, she was entering into a direct debit contract with another company, which bound her to make payments for one year, whether or not the self-defense classes were provided, and with no power to terminate the contract. Consumer Action alleged that the contract

Catherine Anderson, 5th year Arts/Law

consumer action Law centrea Volunteer’s Experience


consumer action Law centre: a Volunteer’s ExperienceV

oLu

nt

EER

inG

contained unfair terms under the Fair Trading Act and, after a VCAT hearing, the credit pro-vider offered a settlement that released the cli-ent from all liability. Consumer Action saved the client a great deal of distress, and around $1500.

A volunteer at a specialist law centre doesn’t have the same experience as a typical com-munity legal centre. There are no confronting encounters with walk-ins, or being expected to give legal advice in an area you’ve never heard of. A great deal of a volunteer’s time is spent on legal research, searching through case databases, or looking for legal arguments to strengthen a client’s case. There is also cli-ent interaction through the legal advice serv-ice, taking down the relevant facts given by callers so that solicitors can return their calls and advise them. This is always entertaining, as there is such a variety of potential clients – you never know who the next caller will be.

Volunteering at Consumer Action also pro-vides the opportunity to become familiar with the processes at various legal organisations – I can now perform company searches at ASIC, file documents at VCAT, and find the Supreme Court Prothonotary’s Office without having to ask for directions (“You’re looking for Wil-son’s Promontory?” “No, the Pro-Tho-Nota-ry!”). Although we’re still not qualified to rep-resent the clients, volunteering at Consumer Action has shown me that this doesn’t mean law students can’t offer much-needed help and support. Volunteers keep community legal centres like Consumer Action going; even a resume-packer has got to be pretty impressed with that. ■

43EquaLity HanDbook

Vo

Lun

tEE

Rin

G

For those of you who are interested in Inter-national Law, Humanitarian Law or Human Rights law, I would highly recommend apply-ing to an International Criminal Tribunal when you are considering applying for internships.

I personally had the luck to be in the right place at the right time, although to qualify that this was following a quick escape from Kenya where I happened to show up at the wrong place at the wrong time, that is, the day before the December elections that left a quarter of a million people displaced and several tragically killed in post-election violence.

After waiting out the tide of instability for a week over New Year my plan to do an intern-ship in Nairobi was abandoned and I headed up to Arusha, Tanzania, the seat of the Interna-tional Criminal Tribunal for Rwanda (“ICTR”). My intention was to see if I could arrange an internship but I figured that, if nothing else, I would be able to witness an International Criminal Tribunal in action and see firsthand how this UN body went about its work.

As is common for such large bu-reaucracies, everything takes time and persistence pays. After wait-ing three days for hours on end in a shipping container reception I man-aged to get hold of the right person to speak to about the internships. I was told that I would need to fill in the application form, find refer-ences and a significant piece of le-gal writing—no small feat with the electricity dropping out regularly, combined with slow erratic inter-

net connections, but over the course of several days in which we remained in regular contact it appeared that the chances of an internship materialising were positive.

As someone once told me, the fact that such bureaucracies are so slow and overburdened means that they are generally understaffed and in need of people, so just turning up can work to your advantage. I ended up being offered placements in both Defence and Chambers—both of which offered their own opportunities, experiences and challenges.

I opted to work in Chambers, and this was the beginning of an incredible life-learning expe-rience that is still hard to put into words. The work itself varied considerably and this also depended on the supervisor. Nevertheless, the subject matter, although often depressing in the extreme, taught all of us a lot in only a short space of time—especially how important it is to keep a balanced outlook and perspective.

Being exposed to the details of some of the most horrific crimes ever committed—those

Jolien Quispel, 5th year Arts/Law

international criminal tribunal for Rwanda

internship Experience


ictR: internship ExperienceV

oLu

nt

EER

inG

of the 1994 Rwandan genocide, is something you never forget. This meant that at times it was difficult to imagine that anything positive had happened during that period of history and it was important to keep trying, no matter how grim the facts, which for me was aided largely by my visit to Rwanda itself.

Yet despite obvious and less obvious draw-backs to the international criminal tribunals as a means of providing closure, peace and justice, I certainly felt part of a body of dedi-cated, hard-working people. Moreover I felt and still feel that the ICTR has contributed invaluable knowledge and precedents in the field of international humanitarian law and to the world at large in dealing with atrocities of such a scale.

Moreover, when escape was needed from the depressing daily trials it is hard to describe how important and close a family we interns became over time. Besides this, the extremely welcoming and open Tanzanian society meant that everyone could determine for themselves how to create their sense of community and belonging. This was certainly aided by the Swahili language classes we took—a perk for our unpaid service to the tribunal. Without no-ticing it I lost, without missing it, my personal space.

Not only was it important and gratifying in itself to spend time working at the tribunal, but it also afforded the opportunity to travel to Rwanda itself. Rwanda for me changed my perspective on all the horrifying things I had seen, read and heard thus far. An incredibly beautiful country, I found it impossible but true that the Rwandan people were even more friendly and hospitable than where I had been before.

Visiting genocide sites is never anything but shocking. Nevertheless I found that for me the Rwandan experience gave me perspective. It taught me more about the centuries of history of which the genocide was only a small part, the counter-histories, the small acts of kind-

ness and hope, and the contemporary reality, which were outside the scope of the tribunal.

Going to Rwanda also made the work more real. In a way no one escaped. Everyone lives with the memory of the past. The average age remains below twenty, and many have lost family or friends. Still, there is a sense that the country has moved on, and is dealing with its past.

I fell in love with Rwanda and its people, and for this, for them it is important that this work is done, that those responsible are brought to trial. Despite the formidable obstacles, difficul-ties and impossibilities, I believe some form of justice is possible. I think everyone that comes away from this experience is touched in some way, by the very humanity and inhumanity of it.

If you are thinking therefore about possible internship opportunities keep in mind the In-ternational Criminal Tribunal for Rwanda (“ICTR”), International Criminal Tribunal for the former Yugoslavia (“ICTY”), Internation-al Criminal Court (“ICC”), Special Court for Sierra Leone and Special Tribunal for Cambo-dia. Note that deadlines are often 6 months or more in advance. ■

45EquaLity HanDbook

Vo

Lun

tEE

Rin

G

In late June, I embarked on a six-week legal internship in the Mining Branch of the North-ern Land Council (NLC) as part of the Aurora Project. By way of background, the NLC is a statutory authority responsible for assisting Aboriginal people in the northern region of the Northern Territory (NT) to acquire and man-age their traditional land and seas. The NLC is also a Native Title Representative Body un-der the Native Title Act 1993 (Cth).

Traditional Aboriginal owners in the NT have ownership over more than 210,000 km2 of land in the NLC region and almost 87 per cent of the coastline. These areas remain some of the most pristine in Australia and contain many places of Aboriginal cultural, environmental and historic significance. The same areas are highly sought after for exploration and devel-opment by mining companies.

Under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), traditional owners must consent to the exploration and mining of their land. Accordingly, one of the NLC’s key statutory functions is to convene meetings between mining companies and traditional owners, so that traditional owners may con-sider detailed proposals and decide whether they will allow their land to be explored and mined.

The highlight of my internship was a fortnight spent camping ‘on country’ to observe and assist in a number of these mining consulta-tions. I attended consultations in Ngukurr be-fore driving 1400 km north through epic scen-ery and the heart of Arnhem Land to attend a few more consultations in Gurrumaru and

Yirrkala on the Gove Peninsula. The meet-ings I attended were held in picturesque set-tings, some on the banks of a billabong and others overlooking the ocean. I learnt a great deal from observing the complex processes of collective decision-making and from speak-ing with NLC lawyers, anthropologists, min-ing company representatives, geologists and public servants. Our camp fire conversations about the NT’s natural resource management regime were fascinating and frank.

Apart from the substantive legal issues in-volved with the Land Rights Act, the mining consultations brought home:

the formidable logistical difficulties with • convening meetings in remote NT commu-nities;the communication barriers faced by law-• yers advising traditional owners;the role of anthropological expertise; and•

Ari Nagar, 5th year Law/Commerce

northern Land councilaurora Project Legal internship


northern Land council aurora Project Legal internshipV

oLu

nt

EER

inG

the significance of Dreamtime stories and • sacred sites.

By chance, the NLC’s mining consultations in Yirrkala coincided with the Commonwealth Government’s Community Cabinet meeting and community lunch. I was fortunate to meet the Prime Minister and a few senior minis-ters. Although it was disorienting for such a remote and sleepy community to be momen-tarily thrust into the national media spotlight, I am glad I had the opportunity to participate in what was both the first Cabinet meeting in north-eastern Arnhem Land and the first in an Aboriginal community.

The Yolngu people I interacted with were warm, generous and proud of their communi-ties. Thanks to them, I came away from my time on country with fond memories; most vivid are those of hunting bush turkeys, fish-ing in crocodile-infested waters and observing traditional ceremonies. All the while I was also able to see the Northern Territory Emer-gency Response first-hand.

Though not as stunning as going on country, the four weeks I spent working at the NLC’s Darwin office were equally productive. The work included legal research into the prospects of a native title test case, preparing submission ideas for a Northern Territory Government dis-cussion paper, gathering data on exploration licences and drafting lease provisions accord-ing to best practice models of joint manage-ment of national parks. My internship ended on a happy note, with the announcement on the last day of my internship of a High Court victory for traditional owners in the Blue Mud Bay case regarding rights over NT inter-tidal zones.

Having encountered people and places in the NT that few people have the privilege to en-counter, I feel indebted to the NLC and the Au-rora Project, and highly recommend both. ■

47EquaLity HanDbook

Vo

Lun

tEE

Rin

G

I have often been asked this question by friends who live overseas. Although the answer is dif-ferent for everyone, I had an expectation that, in general, most Australians would have a similar response, and experience. After all, we are fortunate enough to live in a country where there is no war, enough food, a sound social security system and many opportunities.

As I discovered when on a Clayton Utz pro bono secondment to the Kimberley Commu-nity Legal Service (“KCLS”) in far north WA however, my experience of living in Australia compared with that of many Indigenous Aus-tralians is worlds apart.

When I started my three month secondment, I was not completely naïve: I knew there would be differences between working at a Commu-nity Legal Service in the Kimberley and work-ing at Clayton Utz, a top-tier law firm on Col-lins Street in Melbourne.

Obviously there are many glaring differ-ences between Melbourne and Kununurra. Kununurra is a town of approximately 4,000 people. Located half way between Darwin and Broome, it is one of the most geographically isolated towns in Australia and the youngest town in the East Kimberley (it was gazetted in 1960). It is a melting pot of people from all over Australia. Many Indigenous Australians came to Kununurra in the late 1960s when they lost their jobs on cattle stations after laws were introduced giving Indigenous employees the right to receive the same pay as white em-ployees.

The result is that many Indigenous people in Kununurra are not from that area originally, but from further afield. The non-Indigenous Australians in Kununurra came to the area in connection with the region’s various indus-tries. Some were engaged in building the dam for Lake Argyle. Others worked on cattle sta-tions, or in agriculture, mining and more re-cently, tourism. As you can imagine, being a small, remote town and having a high percent-age of Indigenous people (almost 50%), there are visible differences to Melbourne city!

The differences were more significant than I expected however, and went deeper than those that were visible. There is a wide gap between access to justice and legal services in a metropolitan centre such as Melbourne and somewhere as remote as Kununurra—a gap far wider than is excusable in a country as rich and prosperous as ours.

The most profound example of this “gap” I came across while on secondment was in the area of child protection. The Department of Child Protection is obliged, in circumstances where it has concerns for the safety and welfare of a child, to apply to the Court to get protec-tion orders in relation to the care of the child. These orders can involve a range of measures, from supervision of parents to complete custo-dial rights, and can vary in length. The Court can also order that the parents engage in reha-bilitation programs.

In many Australian jurisdictions if the Depart-ment seeks protection orders over a child, the parents are automatically referred to and grant-ed legal assistance from Legal Aid or a Com-

Mele Ane Havea, Clayton Utz

what is it like to live in australia?


what is it like to live in australia?V

oLu

nt

EER

inG

munity Legal Centre. This referral process is often automatic and as a result, parents are made aware of their rights in relation to con-testing and negotiating the terms of these pro-tection orders. Many parents are able to have access to their children regularly and many are also assisted by various support services (such as rehabilitation and anger management). As a result of parents understanding their rights and the process in general, relatively few pro-tection orders are entered into by consent and instead the terms are negotiated in Court.

In contrast, in the Kimberley the majority of parents whose children are the subject of protection orders are not referred to legal as-sistance and do not understand the process in general or their rights. This means that a fright-ening number of protection orders are entered into by consent, with parents signing the terms of the order without having any understand-ing of the matter. The difference in the number of protection orders passed by consent in this context is striking. Further, many of the sup-port services that the parents are required to participate in are unavailable or are so limited that many people will never be able to fulfil these requirements and are set up to fail from the beginning. This means that in practice, a huge number of Indigenous Australians are missing out on legal representation and as a result, many children are being separated from their families and in many cases, their culture.

This “gap” is one of many that KCLS and other remote legal services are tackling. The lawyers at KCLS are establishing initiatives to address the difficulties faced by Indigenous Australians in accessing legal representation. In addition to assisting clients who come to their offices in Kununurra, KCLS is working with local community groups and agencies to educate people about the services available and their rights by frequently going on out-reach to the various communities in the East Kimberley. The work undertaken in these parts is complex and challenging but extreme-ly interesting.

I found the work during my secondment to be the most challenging and confronting work I have ever encountered, yet also extremely re-warding. It was an opportunity to both learn first hand about the complexity of the issues that confront Indigenous communities as well as experience and see some of the most beauti-ful landscape Australia has to offer. Overall, it was an amazing experience and I would en-courage any law student or lawyer to work in a remote Australian location.

Clayton Utz, as part of its pro bono program, recognises the responsibilities that we all have as lawyers to ensure that the country in which we live provides equally for us all. An impor-tant part of pro bono and volunteering work is, in my opinion, to bridge the gap between the ability of Australians to access legal services in metropolitan and regional and remote areas. If this were to occur, I believe the question of what it is like to live in Australia could be an-swered more equally by all Australians.

The Kimberley Community Legal Service (“KCLS”) is a generalist legal service provid-ing advice, information, casework and limited representation in the areas of family, civil, em-ployment, tenancy and consumer credit law. KCLS is situated in Kununurra but services the whole of the Kimberley region and pro-vides outreach services to a number of towns and communities including Wyndham, Halls Creek, Fitzroy Crossing, Derby, Broome and the remote Kimberley communities of War-mun, Kalumburu, Oombulgurri, and commu-nities predominantly in the East Kimberley.

Clayton Utz has a national pro bono scheme, organised by a full-time pro bono partner based in its Sydney office, and part-time co-or-dinators in its other offices. Clayton Utz pro-vides opportunities to all lawyers to undertake pro bono work. For more details please refer to the Organisations section of the Equality Handbook. ■

49EquaLity HanDbook

Vo

Lun

tEE

Rin

G

Having an interest in so-cial justice and equality is a passion that is difficult to foster when the only subjects available during the early years of a law degree consist of Torts, Contracts and the like. Needless to say, if you are interested in broaden-

ing your perspective of the legal system and experiencing access to justice outside a text-book, searching for extra-curricular involve-ments is your best alternative.

My investigation started with an organisation called PILCH, the Public Interest Law Clear-ing House. After a lunchtime information ses-sion at the Law School I took to Google and found a brightly coloured blue and lime green website which provided me with all the moti-vation I needed to apply for a volunteer posi-tion. Now into my second year at PILCH, I believe the experience I have gained has been invaluable to my legal education.

PILCH is a not-for-profit legal referral service which also engages in law reform and advoca-cy work for community groups. It incorporates the Victorian Bar Legal Assistance Scheme, the Law Institute of Victoria Legal Assistance Scheme and the Public Interest Scheme.

Unlike many legal volunteer organisations, PILCH is not a community legal centre and does not provide a drop-in service for le-gal advice. However, this is not to say that a volunteer does not interact with clients. The main role of the volunteers at PILCH is to

take phone inquiries from clients seeking le-gal assistance. These clients range from not-for-profit organisations to individuals seeking solicitors or barristers. A volunteer is exposed to legal issues that address a diverse range of areas of expertise, an opportunity that a law student does not encounter within their degree alone. On any given day one may take inquir-ies about immigration law, property disputes, family law and trust issues.

Client inquiries are only one of the various tasks that a PILCH volunteer undertakes, and the opportunity to take on various other projects is always available. During my time at PILCH I have written and edited reform submissions on the Victorian Charter of Hu-man Rights and Responsibilities, researched not-for-profit organisations and drafted mem-orandums to solicitors and barristers. Volun-teers are given responsibility and autonomy to undertake work at their own pace and using their own initiative.

Furthermore, at PILCH a volunteer is also ex-posed to the Homeless Persons Legal Clinic (“HPLC”), an independent service for home-less persons or persons at risk of homelessness. Working with the HPLC gave me the oppor-tunity to attend one of the clinics, staffed by lawyers from member law firms. At the clinic I was able to attend client interviews and was directly involved with the clients and lawyers. Face to face interaction provides an excellent opportunity to experience what legal practice will be like.

If you are interested in gaining some practical experience in the legal sector I strongly en-

Verena Tan, 4th year Arts/Law

Volunteering at PiLcH


Volunteering at PiLcHV

oLu

nt

EER

inG

courage you to try volunteering at PILCH. It is an excellent opportunity to gain a perspective on legal practice outside the narrow confines of the law school and the corporate sector. It has encouraged and fostered my interest in so-cial justice and equality within the law and I would not hesitate in recommending the vol-unteer program to any law student. ■

51EquaLity HanDbook

Vo

Lun

tEE

Rin

G

The Asylum Seeker Resource Centre (“ASRC”) is a free clinic for asylum seekers. Although its main service is the provision of legal advice for refugee applications, it also offers free counselling, a food bank, a medical centre and a plethora of other social programs. The non-legal programs are particularly im-portant as many asylum seekers do not have access to Medicare, work rights or Centrelink, which means they are entirely reliant on char-ity while their applications are processed.

As a legal volunteer, my work at the ASRC ranged from simple administrative tasks to in-terviewing and assisting clients. Because the centre has few paid staff, volunteers have the opportunity to participate in matters on a level that may not otherwise be available. While I was there, I drafted letters, wrote letters to the Minister on behalf of clients and attended a High Court hearing on issuing an injunction to stop a deportation. The ASRC is also very politically active, and it takes a leading role in lobbying and demonstrating against unfair asylum policies.

The ASRC is unique in having a policy in which no one is turned away. In practice, this doesn’t mean that the Centre’s staff have the resources to help everyone. Instead, solicitors act on behalf of those who have a good case, while those who are not claiming asylum are referred onto migration agents. There are also those in the grey area: clients who are claim-ing asylum but without strong cases. They are assisted by student volunteers, who help them fill out the sea of paperwork required by the Department of Immigration for their refugee application. It is my experience with this cat-

egory of clients that posed the most interesting questions.

It is a harrowing process when you spend mul-tiple days helping asylum seekers fill out their forms, knowing full well that their applica-tions will be futile. Most times, their claims are weak only because they do not have enough evidentiary credibility to satisfy our Western system of law. All of this is not their fault, as the definition of a ‘refugee’ is quite narrow in Australia and easily misconstrued. But do you fault them for going through the multiple ap-peals system, to the Federal Magistrates court, despite being warned that they do not have a legal case? Then nevertheless continuing on

Jessica Liang, 3rd year Commerce/Law

Reflections on Volunteering at the asylum Seeker Resource centre


Reflections on Volunteering at the Asylum Seeker Resource CentreV

oLu

nt

EER

inG

without knowledge of English, much less an incisive legal argument that would satisfy the judge? By the time they exhaust all avenues of appeal, including pleading with the Minis-ter for an humanitarian intervention time after time, they will end up in the exact same posi-tion as they started, possibly two or three years later, hoping that a change of government will also change their fate. How should you feel as a person helping someone navigate through the various mechanisms, with the knowledge that at best, you are only delaying the inevita-ble? Reflecting on Levinas’ writing about the cry of the Other, I can only feel ambivalent about this whole experience.

While most people in this category are genuine claimants, it is not to say that they don’t also have an economic motive for coming to Aus-tralia. Indeed, it is easy to forget that most peo-ple who come to Australia have been, in this or past generations, economic refugees of some degree. But it seems that some would prefer to deride those who come with both economic and political motives as ‘queue jumpers,’ as if this was some subversive, dangerous thing. It is unfair to divorce and elevate, as mutually exclusive categories, people who have politi-cal reasons to flee to Australia from those with universal human hopes and dreams of eco-nomic advancement. This view comes from a writer whose father, fifteen years ago, lobbied for and became a beneficiary of an exception to such a system.

A huge number of law students have volun-teered at the Centre, and everyone has their own experiences. Looking back, the work I enjoyed most was listening to the clients’ sto-ries. Most of the asylum seekers had limited English, so a telephone translator was required for the interview. The translated version of events could never do justice to the complex-ity of their stories, but it has been a privilege to have heard and become privy to their amaz-ing experiences. ■

53EquaLity HanDbook

Vo

Lun

tEE

Rin

G

After spending two weeks in Geneva learn-ing about international institutions, it seemed fitting to touch down in Timor-Leste and see many of the same organisations operating on the ground. These UN agencies operate under the banner of the United Nations Integrated Mission in Timor-Leste (“UNMIT”). I in-terned with the Governance Unit of the United Nations Development Programme (“UNDP”), and was assigned specifically to work on the Justice System Project. Considered one of the “flagship” projects of UNDP, the programme aims to improve the institutional and human resources capacity of the courts, prosecution, and justice ministry.

While UNDP is certainly better off than many NGOs, it was still incredibly under-resourced, which provided me the opportunity to sink my teeth into some real work. My most substan-tial contribution was to produce a report on targets for the justice sector in Timor-Leste. There is currently little planning done at the strategic level to guide the development of the judicial system. In order to address this, I drafted recommended targets for the short and long-term future, based on indicators, such as the number of judges per 100,000 inhabitants. These targets were formulated based on the current situation, comparative judicial statistics from post-conflict and/or de-veloping countries, and my supervi-sor’s intimate knowledge of the coun-try context.

Two months proved to be far too short, and as a result I will not get the chance to see the report being presented to

the Council of Coordination (comprising the Chief Justice, Minister of Justice and Prose-cutor-General). While politics will ultimately determine whether the recommendations of the report are implemented, it is difficult to believe that my report, which was drafted over coffee and a couple of late nights, may well be responsible for setting the future direction of the justice sector in Timor-Leste. However, this reflects the nature of working for the UN in such a context—it really does provide you with a great opportunity to use your skills and knowledge to contribute towards a greater good.

At the same time, it did not take long to realise that the tales of UN bureaucracy were in fact reality. The flipside of working in an environ-ment with many unfilled positions was that lots of recruitment needed to be done, and inevita-bly I was landed with this job. Although siev-ing through CVs quickly became mundane, it provided a good insight into the recruitment processes of the UN. My conclusion was that while procedures have been put into place to

Jessica Rae, 4th year Commerce/Law

adventures with the un in timor-Leste


adventures with the un in timor-LesteV

oLu

nt

EER

inG

ensure transparency and accountability in the recruitment process, ultimately it can make the whole process unwieldy and frustrating.

Despite these minor frustrations, my experi-ence was overwhelming positive. Apart from the chance to apply my legal skills in practice, it was an invaluable chance to experience life in a UN mission and observe first hand the interaction between the UN and government of Timor-Leste, different UN agencies within the mission itself, and even between the multi-national workforce. Not to mention the social interactions outside of work! I met a range of wonderful and interesting people from all over the world, and have been inspired by their var-ied career paths and passion to make a differ-ence in their field.

If you are considering a career in an interna-tional organization of some kind, I would high-ly recommend undertaking an internship to see if it lives up to your expectations. This can usually be done at either Headquarters or out on the field. While both have their advantages and disadvantages, I really appreciated being based in the field. Not only did I gain greater exposure to the realities of development work on the ground, but also experienced the kind-ness and hospitality of the Timorese people. I have also come away with questions regarding the effectiveness of the UN’s work and their level of engagement with national customs and norms which may not have emerged had I not being living in the country.

I know for certain that UNDP in Timor-Leste is always open to taking interns (or “slaves” as we were jokingly called by one colleague) due to their resource constraints, and that other UN agencies in the field would similarly welcome another pair of hands. ■

55EquaLity HanDbook

Vo

Lun

tEE

Rin

G

As a volunteer at the Essendon Community Legal Centre (“ECLC”) for over 18 months now, I have been exposed to various aspects of community legal work that can only be completely understood when you are exposed first-hand to the environment within a Com-munity Legal Centre (“CLC”). The needy and confused clients, the varying attitudes of the hired and volunteer solicitors, as well as the mismanagement and bureaucracy that unfor-tunately exists at times within CLCs are just some of the revelations that I have learnt dur-ing my tenure which make for an interesting learning experience.

Whilst the position is not nearly as prestigious as a paralegal or clerk at a Collins Street cor-porate law firm, it can be just as, if not more rewarding, from both a character-building and legal-skill development perspective. However it is vital that you join the Centre for the right reasons, and with the right mindset. If you’re solely looking to simply build your resume as a law student in the hope of nailing that gradu-ate job, not only will you abhor much of your time spent volunteering, you’ll be doing the Centre, and your community a disservice.

The reality is that while you’re simply a law student volunteering your time once or twice a week for a few hours, you are actually a vi-tal component to the Centre’s functioning as a service to the needy. The clients are real, and while their issues and concerns may some-times range from the trivial to the downright pointless, they, like any other individual, have the right to access to justice. CLCs cannot af-ford (for a variety of reasons) to have continu-ous paid staff, and hence they rely on volun-

teers (often law students) to help out wherever possible. Yes, sometimes the work is tedious, such as filing, interviewing for details, data entry and other common administrative tasks, but there are many other aspects of CLCs that you cannot comprehend from simply attend-ing Law School.

From a personal point of view, some of the greatest personal benefits I have gained from my time at the ECLC has involved frank dis-cussions with solicitors at the Centre. These solicitors have often held a variety of jobs within the legal industry, and are more than happy to explain to you the different cultures and experiences that exist within a big city law firm, a suburban one, a CLC or outside the le-gal profession altogether. Yes, these discus-sions also include potential incomes. I know from my time spent talking to solicitors whilst waiting for clients to appear (or not appear as the case may be—an expected part of working at a CLC) I’ve had my eyes opened to a variety of potential career options. I have found such honest career advice to not only be invaluable, but refreshing, considering the barrage of law firm advertising we face every day at the Law School.

Additionally, the opportunity to sit in on client-solicitor interviews and discussions regarding client cases has been amazing, and also hilari-ously, sometimes good revision for my law subjects such as Dispute Resolution, Contracts and Administrative Law, as legal issues within these disciplines arise all the time. To note how various solicitors handle clients from diverse backgrounds is terrific. I’ve had the opportuni-ty to partake in interviews with clients ranging

Jonathan Augustus, 4th year Commerce/Law

The Benefits of Volunteering at a community Legal centre


Benefits of Volunteering at a Community Legal CentreV

oLu

nt

EER

inG

from those who are nervous and cannot speak English very well, to those who are very stub-born and untrusting of anything or anyone that has anything to do with the legal industry! The solicitors at the Monday night drop-in service are generally volunteers, who after a full day of work at their full-time job, come to assist, often without even having time to eat dinner first. It can be quite inspiring.

At the end of the day, if someone asked me whether I would recommend volunteering at a CLC, I would categorically say yes, however I would definitely emphasise that they should really want it. It is very easy for individuals, both lawyers and volunteers alike, to fall into the trap of apathy within a CLC. I’ve seen it before, and it’s an unfortunate aspect of a low-paying (or no-paying!) job. But if the desire is there to help people in any way possible, and to learn about the grassroots aspect of the legal industry it, then get in contact with your local CLC immediately, for you will not regret it. ■

oRGaniSationS

oRGaniSationS


oR

Ga

niS

at

ion

S

Medley Mag is an online magazine (“e-zine”) that puts the spotlight on the young people who make up our culturally and linguistically diverse society. Founded in 2006, this e-zine gives a “voice” to Australia’s youth, acting as an ongoing tool of empowerment, participa-tion and positive community contribution. It aims to increase youth participation and initia-tive, and to enhance the English communica-tion skills, and the confidence, of young mi-grants and refugees.

In 2007, Medley Mag received two grants from the Victorian Department of Planning and Community Development. This fund-ing enabled Medley Mag to establish the “All Wired Up!” program at Mullauna College in Mitcham, Victoria. Over a period of 12 weeks, six volunteer trainers, which included four stu-dents from Melbourne Law School, met on a weekly basis with Year 9 English as a Second Language (ESL) students, to provide them with computer training and to teach them the basics of media and communi-cations.

The participating students were from a diverse range of cultural backgrounds, includ-ing Sudanese, Liberian, Viet-namese, Iranian, Philippine, Greek, Scottish, Czech, Ma-laysian and Chinese. They re-side in the Eastern Region of Melbourne, which contains a culturally and linguistically di-

verse community, with increasing numbers of refugees settling in the region, especially from the Horn of Africa. Access of young migrants and refugees to information technology is of-ten limited by their financial means, disrupted education, and computer literacy levels.

The Medley Mag “All Wired Up!” program sought to address local issues of potential social disconnection, by providing a diverse mechanism for young people to connect and communicate with their peers, to acquire valu-able computer and media skills, and to become volunteers with Medley Mag. The weekly modules gave the students an insight into all aspects of the process of developing an online magazine, presenting them with the added opportunity of permanently joining the Med-ley Mag team. The program has also helped the students to enhance their written and oral English communication skills, as well as their

Georgina Dimopoulos, 4th year Law/Media and Communications, Editor in Chief of Medley Mag

Medley Mag‘all wired up!’ Program

59EquaLity HanDbook

Medley Mag: ‘all wired up!’ Program

oR

Ga

niS

at

ion

S

confidence—thereby achieving two of Medley Mag’s key aims.

Gradually learning a range of journalism skills, including reporting, interviewing, and re-search, the students each wrote four pieces for publication—a news story, an opinion piece, a personal story and a review. Using their mar-keting and computer skills, they also prepared promotional posters, and self-published their work on the Internet. At the completion of the program, the students received their own computer, which was installed in their homes by the volunteers, so that they may share their skills and knowledge with their families.

As founder and editor of Medley Mag, I had the pleasure of working with the students on a weekly basis, overseeing their progress and learning about the personal experiences, hopes, challenges and successes of these won-derful young personalities. Over the course of the program, I observed a transformation in the students, from slightly nervous ‘English students’, to media-savvy ‘trainee journalists’ and ‘computer experts’!

The success of the program was largely due to the commitment of the volunteers, and the eagerness of the students to learn essential computer skills and training, which are vital for communication and education in today’s ‘information age’. The volunteers—Lau-ren Baird, Karmen Ou, and Melbourne Law School students Melissa Ng, James Pappas and Kelvin Tay—displayed remarkable dedi-

cation to the program, travelling considerable distances each week to attend the sessions, and prepar-ing educational modules.

A special Launch Event, attended by representatives of the Victorian Multicultural Commission and the Office of Women’s Policy, was held at the completion of the program, to showcase the Medley Mag Mul-launa Edition, and to celebrate the achievements of the students. The pieces published are the products

of the program’s weekly modules—from news stories about a Multicultural Concert and an excursion to Sydney Road, to opinion pieces regarding a range of issues concerning today’s youth, including homework and global warm-ing. Readers can browse photographs, enjoy reviews of movies, CDs and books, and learn about the experiences of the young people as they have migrated from Sudan, Vietnam, Li-beria, the Philippines and Iran to Australia.

But the tangible outcomes extend well beyond the magazine edition produced and published. The young people who participated—both as students and as volunteers—have formed last-ing connections and friendships, sharing their experiences with their peers, and celebrating their own culture whilst simultaneously learn-ing about others. The “All Wired Up” Pro-gram has enhanced the opportunity for young people in Melbourne’s Eastern region to make a constructive and substantial contribution to their community. It is a project that embodies the admirable endeavour of cross-cultural har-mony. This youth-driven celebration of cultur-al diversity demonstrates what a community of young people from a number of different ethnic groups, working together with enthusi-asm and commitment, can achieve.

Medley Mag can be accessed online at <medleymag.com.au>. ■


oR

Ga

niS

at

ion

S

The Sudanese Australian Integrated Learn-ing (“SAIL”) Program is a volunteer, non-profit, secular organisation that provides free English support & community services to the Sudanese refugee community in Melbourne & Sydney.

For most, Saturday mornings are a time to read the paper, work, study, go for a run or re-cover from a big night. For SAIL students and volunteers, Saturday mornings bring study, talk and laughter at six campuses across Mel-bourne, and one in Sydney.

Volunteer tutors and Sudanese students work together for an hour and a half, followed by lunch. SAIL can be a student’s first experience of English, or a homework help service for es-tablished Sudanese Australians in VCE.

In 2008, SAIL turns 7 years old. In those sev-en years it has grown from two tutors and five students to an incorporated organisation with more than 350 volunteer tutors and approxi-mately 450 Sudanese students of all ages.

SAIL’s refugee students are from a broad range of back-grounds; most have spent time in Kakuma refugee camp before arriving in Australia, many have made their journey from Sudan via Egypt and Uganda. Some students have been in Australia for several years already, oth-ers are newly arrived and still adapting to all aspects of life in their new community.

SAIL volunteers come from all walks of life; many are university students, teachers and lawyers. All that is required to become a SAIL tutor is enthusiasm and willingness to give your time. I myself am a student of this law school and constantly trying to find the perfect balance between Trusts reading with SAIL time.

The bulk of the activities operated by the SAIL Program run every Saturday morning, mid February until late December. There are six mini-programs which fit under the SAIL Program banner. Each mini-program has its own resources and volunteer staff:

SAIL which provides free English as a Sec-ond Language tutoring for Sudanese children, and teenagers that runs on Saturday morning at all campuses.

SAIL Senior, a similar program run for the Su-danese adults, also runs on Saturday morning at all campuses. SAIL Senior is for the adult members of the Sudanese community. SAIL

Nik Tan, 4th year Arts/Law, SAIL Program Overseeing Coordinator

Sudanese australian integrated Learning Program

61EquaLity HanDbook

Sudanese australian integrated Learning Program

oR

Ga

niS

at

ion

S

Senior at the same time as SAIL Junior and the SAIL Program tutoring. It offers small-group tutoring in the hope that students will support one another in their first language. The aim of SAIL Senior is to provide the adults with con-tacts to improve their English language skills and to enable them to consolidate their chil-dren’s learning at home.

SAIL Junior provides the under 6 year olds with the opportunity to learn socialisation skills in an English speaking environment. SAIL Junior also provides the SAIL Senior participants with some quiet time to concen-trate on learning English.

SAIL Xtend provides extra-curricular short courses for school-aged SAIL participants on a rotating basis on Saturday afternoons at the Braybrook and Footscray campuses only. SAIL Xtend comprises of various activities that are part of the Integrated Learning at the Program. SAIL Xtend starts after a short lunch break on Saturdays and lasts for one hour. In 2007, SAIL Xtend offered extra-curricular short courses in dance, soccer, painting, ten-nis, cooking, AFL, athletics and krumping.

Home Help engages experienced female SAIL volunteers to help settling single Sudanese mothers in the home. Home Help offers week-day home visits for 3 hours to approximately five SAIL families. All volunteers must be fe-male and must undergo a trial period at a SAIL campus first.

SAIL About offers free camps and excur-sions to members of the Sudanese commu-nity. In 2007, SAIL Students saw Circus Oz, Australian Open Tennis, Wind in the Willows in the Botanical Gardens, various films, the beach and productions. All excursions are fol-lowed up with worksheets and discussions to consolidate the integrated learning from the excursion. Camps occur three or more times each year to various parts of rural and region-al Australia. SailAway is the feature camp of the year, involving more than 65 SAILors for a weekend at Somers on the Mornington Pe-

ninsula. SAIL also runs a family tree planting camp and hiking camp each year.

SAIL is ultimately a support service for a com-munity that needs and deserves such assist-ance. As its overseeing coordinator however, I can testify to the fact that SAIL volunteers also benefit hugely from tutoring at SAIL.

For me, Saturdays are not merely the chance to support the Sudanese community and fur-ther the education of those who have been de-nied it in the past and thus need it most, but the chance to see astounding dedication to educa-tion and a better life, friendship between each tutor and student, Sudanese families at home in Australia, students’ English and confidence developing each and every week, and kids bouncing off the walls because there is cake after lunch that day.

For me, there is no more rewarding thing.

contact

Email: [email protected]: sailprogram.org.au ■


oR

Ga

niS

at

ion

S

The legal p ro fe s s ion has tradi-tionally rec-ognised a professional responsibil-ity to help

ensure that the justice system is open to all members of the community. This means that “pro bono” (for the public good) legal work has been provided by many lawyers for free, to people who would not otherwise be able to afford legal advice or representation.

Pro bono

Clayton Utz has a national pro bono practice led by a full-time pro bono partner based in our Sydney office, and part-time co-ordinators in our other offices. We were a Foundation Sig-natory to the National Aspirational Pro Bono Target of at least 35 hours pro bono work per year, per lawyer, by June 2008. In fact, the Clayton Utz Melbourne office averaged 58 pro bono hours per lawyer last year.

Our Pro Bono practice provides assistance to community organisations which help disad-vantaged people, and to individuals who are unable to afford their own solicitor and do not qualify for Legal Aid or other assistance.

Pro bono legal work is referred to Clayton Utz by community legal services or refer-ral schemes such as the Public Interest Law Clearing House and the Law Institute of Vic-toria Legal Assistance Scheme. The type of work is broad ranging and includes represent-ing victims of discrimination, people who

have suffered loss through unscrupulous busi-ness dealings, and even in some rare cases, acting in criminal appeal proceedings. Many of the matters are small in scale, but this is not always the case; occasionally our lawyers have had the chance to work on pro bono cas-es which have been appealed all the way to the High Court.

Pro bono work on behalf of charities and other relevant “not for profit” organisations involves legal advice or assistance regarding commer-cial aspects of their charitable operations. This work gives lawyers with a particular area of specialisation an opportunity to perform some work in that area on a pro bono basis. For example, Clayton Utz construction lawyers have recently assisted a prominent charitable organisation with the contracts for a full refit of its premises. Legal issues in the areas of workplace relations, intellectual property and taxation are other examples that frequently arise.

Other pro bono initiatives, in which a number of firms participate, provide the opportunity to provide targeted advice and assistance to peo-ple experiencing homelessness (through the Homeless Persons’ Legal Clinic) or mental illness (through a program run by the Mental Health Legal Centre). Pro bono legal work can often be an important way of reminding law-yers why they studied law in the first place!

In recent years it has also become clear that law firms’ involvement in and responsibility to the community need not be limited to the provision of pro bono legal work. In 2002 Clayton Utz introduced Community Connect

community connect at clayton utz

63EquaLity HanDbook

community connect at clayton utz

oR

Ga

niS

at

ion

S

which, in addition to our Pro Bono Program, includes:

our • Community Involvement program which provides opportunities for all staff and part-ners to engage with the community through volunteer programs developed in each of-fice; andthe • Clayton Utz Foundation which provides financial donations to community and char-itable organisations who have a relationship with the firm.

community involvement

One of the main objectives of Communi-ty Connect is to provide avenues for all our people to devote their time and energies to charitable organisations. As a result, we of-fer everyone at Clayton Utz volunteering op-portunities, as well as one paid leave day each year for the purpose of volunteering at a com-munity organisation or charity which the firm supports. Each Clayton Utz office has a Com-munity Connect Committee which is respon-sible for developing volunteer programs. The primary focus of our Community Involvement program is encouraging and developing litera-cy skills in children and young people, but the program’s reach is far broader than this.

clayton utz Foundation

The Clayton Utz Foundation was established in 2003 to make financial donations to eli-gible charities which have a link to Clayton Utz. These links can be through our pro bono work, Community Involvement program or the charities our people (or their families) sup-port. Wherever possible we link in-kind sup-port, such as the provision of volunteer time and skills, to the organisation receiving the Foundation grant.

As at July 2008, the Clayton Utz Foundation has distributed 173 grants to over 109 organi-sations with a value of nearly $2.5 million.

The Foundation also matches funds raised by staff and partners through other fundraising initiatives, such as Jeans for Genes Day, the Royal Children’s Hospital Good Friday Ap-peal and the Beyond Blue Initiative.

Some of the organisations the Melbourne of-fice has supported during 2006/07 through Community Involvement and Foundation grants include:

Adult Multicultural Education Service • (AMES)—Conversation classes with adult migrants;Ardoch Youth Foundation—Literary Bud-• dies pen pal program with primary school students; Fitted For Work—Financial support and • collection of business clothes for unem-ployed women;Green Collect—Financial support for a • project aimed at redirecting unwanted busi-ness furniture away from landfill and mak-ing it available for use by the not-for-profit sector;The Maslow Group—Assisting at BBQs for • residents of the Hanover Crisis Accommo-dation Centre;Opportunity International—Microfinance • loans to help the entrepreneurial poor lift themselves and their families out of pov-erty; Red Cross—Involvement in the Corporate • Blood Challenge;Committee Assist—Program to develop an • orphanage in Africa; andBeyond Blue—Increased awareness of the • incidence of depression within the Commu-nity.

Footprints

Clayton Utz’ partners and staff also have the opportunity to join the Footprints committee, which investigates and undertakes projects aimed at reducing our corporate and individ-ual environmental footprint. The Committee


community connect at clayton utzo

RG

an

iSa

tio

nS

was formed in December 2006 and arose out of a strong desire on the part of many staff to become involved in exploring and implement-ing initiatives aimed at reducing the environ-mental impacts of our daily practices and ac-tivities.

Through Footprints, staff at Clayton Utz are working to increase awareness of the impact that the resources, products and services we use every day in our home and working lives have on the environment and to investigate ways and means of reducing that impact for the benefit of existing and future generations.

These aims are reflected in Footprints’ objec-tives, to:

promote environmental awareness and edu-• cation as to better environmental work and home practices;review current work practices to identify • more environmentally efficient practices;improve Clayton Utz’ waste avoidance, re-• duction, re-use and recycling programs;eliminate unnecessary energy use through • energy conservation programmes, and re-viewing usage of office utilities such as gas, electricity and water;reduce the environmental impacts associ-• ated with transport by encouraging staff to use environmentally friendly means of transport; review services, materials, equipment and • food purchased by Clayton Utz and give preference to sustainable products; andencourage the use of public transport or • more environmentally efficient means of getting to and from work.

To date Footprints has made some positive steps toward reducing the size of our carbon footprint and is looking for new ways to im-prove our practices.

Deborah Polites

Senior Associate and Pro Bono Coordinator, Melbourne Clayton Utz

[email protected]

Amanda Jones

Senior Associate and Pro Bono Projects Coor-dinator, Melbourne Clayton Utz

[email protected]

Melody Webb

Solicitor and Community Connect Coordina-tor, Melbourne Clayton Utz

[email protected] ■

65EquaLity HanDbook

oR

Ga

niS

at

ion

S

what is Fitzroy Legal Service?

As the first Community Legal Centre (“CLC”) established in Australia, Fitzroy Legal Service (“FLS”) aims to improve access to justice for the local community, especially those who are disadvantaged or marginalised. FLS offers a number of legal services for people in the local area. The Night Service provides free legal advice every weeknight from 6.30pm – no appointments are necessary. On Thursday nights a Family Law Clinic is held which pro-vides free specialist legal advice on family law issues by appointment. On Wednesday nights FLS runs an outreach service at North Rich-mond Community Health Centre.

Matters identified during Night Service as re-quiring legal representation may be referred to our Day Service which offers legal represen-tation to people for ongoing cases in criminal law, juvenile justice, family law, intervention orders, social security and civil litigation. The main matters are those which qualify for Legal Aid or are related to law reform and public interest work. Social action projects include cam-paign work on issues regard-ing criminal records, drugs and the law, police accountability, prisoners’ rights and discrimi-nation matters. FLS also has a lawyer who takes volunteers at the Neighbourhood Justice Centre—a community magis-

trates’ court in Collingwood. FLS is also re-sponsible for periodic publication of The Law Handbook and the Services Directory for Drug & Alcohol Users.

Volunteering at Fitzroy Legal Service

Over the last 12 months FLS has been assist-ed by over 240 volunteers. Volunteers help in many areas of the service, including reception and administration, Night Service, publica-tions, paralegal work, legal research and law reform campaigns.

Our volunteers come from all walks of life. While lawyers, paralegals and community workers offer their time, FLS welcomes stu-dent volunteers who are studying in fields such as criminal justice, legal administration, social work, community work and law.

Abigael Ogada-Osir, 5th year Arts/Law, FLS Volunteer Co-ordinator and Mary Quinn, 3rd year Arts/Law, FLS Reception and Administration

Volunteering at community Legal centres

Fitzroy Legal Service


Volunteering at community Legal centres: Fitzroy Legal Serviceo

RG

an

iSa

tio

nS

All volunteers are provided with initial train-ing and have the opportunity to assist with approximately three months of reception and administration work prior to specialising in a particular area of the service. In addi-tion, volunteers have the opportunity to at-tend monthly volunteer training sessions on specialised and relevant areas of community law; recently, Magistrate Brian Wright spoke at “Assisting Victims of Crime”, training related to assisting clients at the Victims Of Crime Assistance Tribunal.

The FLS Night Service currently has over 100 volunteers and takes on new volunteers when vacancies arise or when we have special requirements. When selecting volunteers we look for any special skills or experience you may have that would suit our needs as well as trying to keep a balance of legal/non-legal, male/female and all areas of the law covered on each night. As a student volunteer on Night Service you have the opportunity to assist in a paralegal capacity with people seeking advice on legal matters. This involves greeting new clients, conducting the initial client interview to determine the facts and any relevant legal issues, taking file notes and liaising with the duty solicitors on points of law. Night Serv-ice volunteering is a great opportunity to get an insight into practical application of the law, develop communication skills, meet new peo-ple and contribute to improving community access to justice.

Casework volunteering involves helping so-licitors with ongoing matters—drafting let-ters, reviewing files, filing and undertaking le-gal research where required. Volunteers may also get the opportunity to attend court and solicitor-client interviews.

a Snap-Shot—Mary quinn

“Volunteering at FLS is a great opportunity to get some hands-on experience in the law while helping address inequalities within the legal system. After completing the initial volunteer

induction training I worked on reception in a volunteer capacity. This was a great introduc-tion to the Service and provided an opportu-nity to get to know the people and how things worked. At the front desk you are the first port of call for all inquires from new and existing clients and are responsible for managing solic-itor-client appointments and making referrals to other service providers where appropriate. Other duties involve completing Conflict-of-Interest checks, reviewing client files, updat-ing the computer database, and collecting and distributing mail.

From reception work I then began volunteer-ing as a case-work paralegal with Hui Zhou, the Drug & Alcohol Outreach lawyer. Many of Hui’s clients face issues of homelessness or drug or alcohol abuse or addiction, which can add another dimension to any legal issues they might face. Attending Outreach sessions with Hui where free legal advice is provided to any who need it, sitting in on solicitor-client inter-views and attending court made the experience incredibly eye-opening, and provided an op-portunity to gain an insight into the difficulties faced by many people in their interaction with the legal system. On a practical level, I helped Hui with drafting documents, preparing cor-respondence, managing files and completing research where needed.

I am continually inspired by the commitment and passion of the staff and volunteers at FLS in working to facilitate and improved com-munity access to legal advice and, in particu-

67EquaLity HanDbook

Volunteering at community Legal centres: Fitzroy Legal Service

oR

Ga

niS

at

ion

S

lar, providing legal support to disadvantaged members of the community.”

Getting Involved

If you are interested in volunteering at FLS, please fill in a Volunteer Questionnaire form from our website <fitzroy-legal.org.au>. Forms can be sent to Abigael Ogada-Osir ei-ther via email <[email protected]> or post. FLS will keep your Volunteer Ques-tionnaire Form on file and contact you when an appropriate position becomes available.

For general information about volunteering at Community Legal Centres generally, you can go to <communitylaw.org.au> for information on CLCs in specific areas and Specialist CLCS. The Law Volunteer website, <lawvolunteers.org.au>, run by the Monash Law Students’ Society and La Trobe Law Students’ Associa-tion, also lists volunteer vacancies in CLCs and other service providers. ■


oR

Ga

niS

at

ion

S

The Scottish harbour of Faslane appears quite peaceful. But lurking beneath its surface are four submarines carrying enough nuclear war-heads to kill a hundred million people. Natu-rally, many Scots are uneasy about this. And some of them have demonstrated fierce objec-tion—including three women who, in 1999, endeavoured to ‘disarm’ a nuclear research barge also moored there. The action resulted in several million dollars’ damage. They were arrested and, at trial, argued that international law permitted them to do what they had done. The much graver offence, in their view, was that the British Government was in possession of illegal weapons of mass slaughter.

Remarkably, the women were acquitted of all charges, and their story provided new hope to the anti-nuclear movement. It arguably re-flects a growing acceptance of international law—and rejection of nuclear weapons—by domestic courts. But the ideal of a nuclear-weapon-free world remains elusive. A small

number of states still cling firmly to the mis-guided view that nuclear weapons bring them security, when in fact they only breed insecu-rity. The challenge of lawyers, over the com-ing decade, will be to create a legal framework that provides nuclear weapon states with the confidence they need to relinquish these worst weapons of terror.

And there’s no time to waste. With every pass-ing moment, the chance of nuclear weapons being used—to catastrophic effect—increases. Experts agree that it’s fanciful to think these weapons can be retained in perpetuity and not used, either by accident or intentionally. Let’s hope that it doesn’t take another Hiroshima or Nagasaki before we finally ban the Bomb. We have already outlawed chemical weapons, biological weapons, anti-personnel landmines and cluster munitions. Isn’t it now time to out-law the worst weapons of all? That we haven’t yet mustered the political will to do so is sure-ly one of humanity’s greatest failings.

For the last two years I’ve worked on the International Campaign to Abolish Nuclear Weapons (“ICAN”)—a new campaign aimed at building support for the negotiation of a nuclear weapons conven-tion. It started in Melbourne but is now active in about a dozen countries and has been endorsed by prominent peo-ple like the Dalai Lama. Our lobbying efforts in Australia were directly linked to the decision this June by Prime

Tim Wright, 4th year Arts/Law

Lawyers for a nuclear-Free world

69EquaLity HanDbook

Lawyers for a nuclear-Free world

oR

Ga

niS

at

ion

S

Minister Rudd to set up an international nu-clear disarmament commission, which will devise practical steps to achieve abolition.

It has been exciting to be a part of this move-ment. One of my early roles was to travel through Africa encouraging governments to ratify the African Nuclear-Weapon-Free Zone Treaty. Many of the people I spoke to saw nu-clear weapons more as a development issue than a security threat. Precious resources were being wasted. The United States alone spends US$40–50 billion a year maintaining and mod-ernising its nuclear arsenal—enough to end extreme poverty worldwide by 2030. I spoke to a South African who had been involved in dismantling his country’s entire nuclear stock-pile in the early 1990s. He said there’s no good reason why other nuclear-armed countries couldn’t do the same today.

I’ve also been fortunate enough to represent ICAN at two meetings of parties to the Nu-clear Non-Proliferation Treaty—in Vienna last year and Geneva this year. On both occasions, I was inspired by the enthusiasm of other cam-paigners but disappointed with the lack of ur-gency and creativity exhibited by diplomats. There was a remarkable sense that it was busi-ness as usual. It confirmed in my mind that any real progress towards disarmament will be the result of ordinary people the world over tak-ing a firm stand against the Bomb, and forcing their politicians to act.

This semester I’ve been able to combine my work on the campaign with my law degree. I’m writing a paper for Advanced Legal Re-search on the obstacles to commencing ne-gotiations for a nuclear weapons convention. There are plenty of opportunities for more law students to become involved. Currently, most of the campaigners are doctors and medical students who consider disarmament to be a form of ‘preventive medicine’—but I hope that the campaign will, in coming years, at-tract a large number of lawyers.

If you’re not particularly interested in deal-ing with the nitty-gritty of the disarmament machinery, we also need people to do media work, web design, outreach, celebrity recruit-ment, film work and event organisation. The campaign in Australia is supported by a full-time director and a management committee of hard-working volunteers. Our office is in the Green Building on Leicester Street, just a few minutes walk from the law school. Email me if you’re keen to get active <[email protected]>. Though there are no nuclear-armed sub-marines in Australia for us to commandeer, there’s still plenty to be done. Our contribu-tion could be crucial to the global movement for a nuclear-weapon-free world. ■


oR

Ga

niS

at

ion

S

The HIV/AIDS Legal Centre (“HALC”) was established in 1993 to provide legal advice to those living with, and affected by, HIV/AIDS. HALC is a “project” of the Victoria AIDS Council/Gay Men’s Health Centre, Victoria’s peak body for people living with HIV/AIDS. The service has primarily assisted clients with estate planning and the preparation of wills. As medical understandings of HIV have changed over the years, with people living longer be-cause of better treatments, other areas of law have become important for HALC’s clients. These include workplace discrimination, ac-cess to superannuation, immigration rights and the effect of family and criminal law on peo-ple with HIV. HALC today advises on these all areas, as well as consumer debt issues, the law of employment and some personal injury matters.

HALC has no full-time lawyers and is one of the only legal providers in the state to function solely through the support of volunteers. It receives no ongoing funding. Yet the quality, and commitment, of its lawyers both to their clients’ legal issues and to understanding the difficulties they face living in a community still fearful of HIV/AIDS, is remarkable. My involvement with HALC as an administrative volunteer has given me first hand insights into how to mould oneself into the ‘total lawyer’, a model of the practitioner frequently demanded of those working in community legal settings. By this I mean that working in a community law service such as HALC, whilst demanding technical excellence in advising on the law, also requires lawyers to show compassion,

and have an awareness of the complex issues which arise when assisting clients with chronic health problems. I am proud to volunteer with lawyers who do not view community law as a form of charity but as an essential part of a legal system striving for justice.

If you would like to be involved with HALC, either as an administrative volunteer or a law-yer, please contact us on the details provided. Alternatively, if you would like to make a donation to the service, contact the Victoria AIDS Council/ Gay Men’s Health Centre on (03) 9865 2700 or the Positive Living Centre (details below).

HiV/aiDS Legal centre (HaLc)

C/o Positive Living Centre51 Commercial Rd, Prahran, VIC, 3181T: (03) 9863 0444/ (03) 9863 0406 (direct)E: [email protected] ■

Michael Williams, final year Arts/Law, LSS Queer Officer, Administrative Coordinator HALC

the HiV/aiDS Legal centre

71EquaLity HanDbook

oR

Ga

niS

at

ion

S

In a country where the only way to get ahead in life is by foot, the growing threat of dia-betes in Kenya is taking an enormous toll, and the solution isn’t easy.

Ask someone what comes to mind when they think of disease in Africa and you will too of-ten hear about malnutrition, HIV and tubercu-losis. It is hidden by this shroud that type 2 di-abetes in countries like Kenya is becoming an increasing problem. Unsurprisingly, develop-ing-world aspirations and their consequences on lifestyle in Kenya go some way to explain-ing this rising threat. Through my time volun-teering in Nairobi, I was able to get a sense of the deeply-rooted elements in Kenyan society which underlie this disturbing trend.

My first day in the hospital I volunteered at illustrated to me in blunt terms the real human impact of the situation. I went to a ward full of patients with diabetic foot ulcers, a com-plication of severe diabetes that starts with a small cut but leads to infection causing flesh to be eaten away from the foot. I walked past patient after patient with debilitating foot ul-cers so severe that they were eating through to the bone—a far cry from the highly-spe-cialised diabetic foot unit in Melbourne that I had spent time in a few months previously. The unit in Melbourne only had to resort to any form of amputation to stop the infection in 11% of cases. Not a single one of the patients I saw on that day in Kenya avoided amputation. I was introduced to a village school principal who had served his community for 40 years

and the doctor I was with promised to do his best; we all knew that the only question was whether we would amputate his leg above or below the knee.

There is no doubt that developing-world level medical care and poor diabetic treatment for the majority of patients contributes to the in-credible severity of the ulcers; walking bare-foot on rocky ground is a factor as well. How-ever, to borrow from some well-worn medical wisdom, it is important to look beyond the diabetic feet and to look at the people with diabetes. In a country where diabetes virtually did not exist twenty years ago, where did all the diabetes come from?

It is not just in the hospital where the disease is noticed; hints of the rising tide of diabetes are everywhere. One cannot pass by any heartland Nairobi medical clinic without noticing hand-painted signs proclaiming the availability of blood sugar testing for those who can afford it. More prominent than this are the ubiqui-tous red-and-white signs plastered all along the roadside. Coca-Cola has an undeniable grip on the soul of Kenya, a grip which seems to bring most Kenyans pride. An hour-and-a-half after landing in Nairobi for the first time, Kenyan hospitality took me to a middle-class wedding celebration and the place that the Co-ca-Cola company and its products hold in Kenyan society became very clear to me. Not only were Coca-Cola soft drinks the bever-

David Liew, GAPS Australia

Diabetes and the coca-cola Era in kenya


Diabetes and the coca-cola Era in kenyao

RG

an

iSa

tio

nS

ages of choice, displayed ornamentally on the high table, but key to the formalities was the ceremonial mixing of Coca-Cola and Fanta to show the inseparability of the couple.

Seeing soft drinks so prominently involved in such an important moment in the lives of two everyday Kenyans helped open my eyes to the pervasiveness of Coca-Cola and the pres-tige associated with it—something I would be constantly reminded of for the duration of my trip. I was fortunate enough to visit some more remote areas with the development aid organi-sation I volunteer for, Global Aid Partnerships (GAPS), and often drinking water would not be available but Coca-Cola would be. I was offered Coca-Cola at the houses of the rich and the houses of the poor. Even at the airport amongst traditional wooden carvings for sale I spotted an intricately carved Coca-Cola bot-tle.

Coca-Cola rules the roost without discriminat-ing between class or tribe. It unifies Kenyan society with dreams of the good times that Coca-Cola advertising has a tendency to refer-ence so readily. The country might be divided on politics, mobile phone carrier and football team but the presence of Coke is somewhat re-assuringly ever-present. It is easy for foreign-ers to lap up such symbols of familiarity in an otherwise starkly different culture and to even become nostalgic over the glass bottles and retro labels that seem stuck in the same 1960s time-warp as downtown Nairobi’s architec-ture. The more unpleasant reality is that, with culturally imperialistic overtones, Coca-Cola embodies desirability in a society aspiring to a Western, and particularly American, life.

And with this blind reliance on Coca-Cola comes an almost unlimited exposure to the harmful effects of simple sugars in the blood-stream. Like remote Aboriginal communi-ties—where Coca-Cola subsidised transport costs contribute to highly increased rates of type 2 diabetes—there can be no doubting that, for all strata of Kenyan society, Coca-

Cola’s dominance leads to the same harmful effects.

But what can be done? Even a simple bridg-ing solution such as sugar-free colas would face significant barriers. Coca-Cola Light, as it is known in Kenya, is derided in the face of the ‘big man’ attitudes that run through the fabric of the Kenyan mentality. At best, Ken-yans consider it pretentious, at worst, a sign of weakness.

As often is the case, the good solutions aren’t the flashy or popular ones. Public health pro-motion is hard enough to sell in Australia—anyone who doubts that should watch the Edi-fice Complex episode of The Hollowmen—but taking it to a developing-country setting takes it several degrees of difficulty higher. Promot-ing better nutrition, in particular water and vegetables in lieu of the Kenyan staples of Coca-Cola, chips and nyama choma (the Ken-yan national dish of barbequed meat), might seem like a far-off dream for a country with significant societal problems. What I came to realise is that Kenya should anchor a health promotion strategy to be treated as a priority if it does not wish to face an increasingly large health burden that will have significant eco-nomic and societal consequences.

Despite these barriers, inspiration might be drawn from the way Kenya dealt with the last great threat to the nation’s health. Over the last couple of years, the number of peo-ple with HIV has apparently halved from ap-proximately 13% to 6%, no mean feat given HIV sufferers are surviving longer due to the laudable government policy of fully subsidis-ing anti-retroviral HIV medication. This has largely been achieved through an extensive public education program, correcting myths, encouraging openness and promoting safe sex methods. Cartoons were used to remove the perceived dour edge from the message, giving it more street credibility and less the feel of a school lecture. This campaign is evidence that public health education campaigns can be suc-cessful in Kenya and there is no reason why

73EquaLity HanDbook

Diabetes and the coca-cola Era in kenya

oR

Ga

niS

at

ion

S

some change, bridging or otherwise, cannot be achieved on a wide scale.

Public health promotion is the key and diabetes is just one of a number of diseases that can be blunted through health promotion campaigns. In many villages in the Maasailand region of Kenya, there is a common fallacy that flies clean eyes when they land on them. In reality, they are really spreading bacteria that cause trachoma, an infection that can lead to blind-ness. A simple health promotion campaign would fix this. Properly rehydrating children suffering from diarrhoea, protecting pregnant mothers from malaria-carrying mosquitoes, implementing proper hygiene in food prepara-tion—these are all key examples which would reduce the burden of disease significantly and lead to healthier, happier and more productive communities which are better equipped to un-dergo community development.

I could not stand idly by and ignore the situ-ation. Through GAPS, with the support of local partner Community Medicare Africa, and a University of Melbourne Dreamlarge Knowledge Transfer grant through the School of Population Health, I am working with a team of volunteers here in Australia to design a culturally-sensitive public health promotion curriculum. It targets easily preventable, high-burden diseases as well as providing informa-tion about easily treatable conditions such as chest infections and burns. At the end of the year, this simple, bite-sized set of knowledge about key medical conditions will be taught by GAPS volunteers from both Australia and Kenya to senior laymen villagers from Maa-sai communities. This knowledge, along with advocacy skills, will be taught in a four-day course to enable these people to go back to their communities and act as advocates for better health in their communities. Programs like this will be key to the future of societies and economies like Kenya but must be imple-mented on a much wider scale.

At the beginning of the year, I personally wit-nessed violence resulting from the Kenyan gen-

eral elections which for a while saw the threat of genocide and civil war loom over Kenyan society. Through a carefully-engineered in-tervention led by Kofi Annan, change is be-ing effected and hope is possible. A carefully crafted response could also provide a similar outlook for the fight against type 2 diabetes. Kenya may face an increasing potential health burden as a result of Coca-Cola’s special place in Kenyan society, but, with appropriate focus, there might be reason for hope.

For more information about volunteering in Kenya or Global Aid Partnerships (GAPS) email [email protected] or visit <gaps.org.au>. The Kenyan Village-Based Medical Educators Program is run with the support of the University of Melbourne Dreamlarge Knowledge Transfer Student Grants Scheme.

VoLuntEERS’ DiREctoRy

2009


aLbuRy woDonGa coMMunity LEGaL SERVicE

Ph: (02) 6056 8210E-mail: [email protected] Address: 12 Stanley Street, Wodonga 3690 Postal Address: PO Box 31, Wodonga 3689Volunteer Co-ordinator: Ashlie Mason. Can be contacted by either e-mail or phone on the above details.Services Provided: We provide free and con-fidential legal advice, information, casework and referrals for a range of individuals and groups in the community.Role of Student Volunteers: To assist solici-tors with research and casework.Currently Accepting Volunteers: Yes.Required Level of Experience/Skills: Office experience and experience using Microsoft applications.Time(s) to Apply: Anytime.Application Process: Either call or email the service on the above details. The application will then be discussed with the Principal So-licitor.Time Commitment: Flexible.

aMnESty intERnationaL auStRaLia

Ph: (03) 9412 0700E-mail: [email protected] Address: Suite 8, 134 Cambridge St, Collingwood 3066

Postal Address: Locked Bag 7, Collingwood 3066Volunteer Co-ordinator: [email protected] Provided: Human rights organiza-tion.Role of Student Volunteers: Varies from campaigning, to Legal Network, to adminis-tration.Currently Accepting Volunteers: Yes.Required Level of Experience/Skills: De-pends on area that interested in—generally good word processing skills and ability to commit for a few months.Time(s) to Apply: Any time.Application Process:

Apply online.1. Come to a Get Active meeting on the first 2. Monday of the month at the office, 6pm.

Time Commitment: Depends on the project, but generally need a few months commitment and 6 months for administration.

aSyLuM SEEkER RESouRcE cEntRE (aSRc)

Ph: (03) 9326 6066 Fax: (03) 9326 5199E-mail: [email protected]: asrc.org.auAddress: 12 Batman St, West Melbourne 3003 (near Flagstaff Gardens)Volunteer Co-ordinator: Janna Hilbrink.Services Provided: Many programs, includ-ing legal, casework, counselling, health,

Volunteers’ Directory 2009

77EquaLity HanDbook


ESL classes, foodbank, campaigning, Eng-lish Home Tutoring Program, social and rec-reation, employment, community meals, and drop-in centre.Role of Student Volunteers: Involved at all levels throughout programs.Currently Accepting Volunteers: See web-site for current places.Time(s) to apply: Any time, but 5 intakes per year in alternate months from February.Application Process: Check website and book in for an Information Night.Time Commitment: Usually ½ or 1 day/night per week, varies according to which program students volunteer for. The ASRC asks for a minimum 12 months commitment.

baRwon coMMunity LEGaL SERVicE

Ph: (03) 5221 4744Email: [email protected]: communitylaw.org.au/geelongAddress: 73 Pakington Street, Geelong West 3218Volunteer Coordinator: Hayley Pearse ([email protected]).Services Provided: Generalist legal service providing information, advice and assistance with family law, intervention orders, mo-tor vehicle accidents, traffic offences, youth rights, consumer law, some criminal law and other general matters. Specialises in welfare rights and child support (carer and liable par-ents), including paternity testing. Both of these services are independent of Centrelink and the Child Support Agency.Role of Student Volunteers: Administration, night service, public information library and file destruction. There is also the opportunity to accompany our solicitors to the courts for intervention order matters.Currently Accepting Volunteers: We always accept applications but volunteer work may, at

times, not be available. Students are placed in our database until a position arises.Time(s) to Apply: Any time.Application Process: Contact Hayley Pearse and students will be emailed the application form, alternatively go to our website and download the application form.Time Commitment: Volunteers are asked to commit to a particular day for a block of time (e.g. 3–6 months). This can continue to be re-newed at the end of each block if the student so wishes.

bRiMbank MELton coMMunity LEGaL cEntRE

Ph: (03) 9363 1811E-mail: [email protected] Website: communitywest.org.au Address: 822 Ballarat Road, Deer Park 3023Volunteer Co-ordinator: Valerie Cholosz-necki ([email protected]).Services Provided: Generalist legal service providing general legal advice, referral, case work, law reform and community legal educa-tion. BMCLC also does policy work focusing on human rights of imprisoned persons, fam-ily law and violence. Role of Student Volunteers: Daytime vol-unteers—paralegal work, drafting letters, re-search, administration, community legal edu-cation, law reform and policy.Night-time volunteers—taking client statis-tics, sitting in on interviews and assisting so-licitor.Currently Accepting Volunteers: Yes, de-pending on need.Required Level of Experience/Skills: Pref-erably later year levels. Time(s) to Apply: Opportunities will be ad-vertised on the website. Application Process:

Call the centre and fill out form.1.



If place available, BCLC will contact stu-2. dent.Volunteers can participate in the monthly 3. Western Region CLC Forum training on various areas of the law.

Time Commitment: Daytime service—half day weekly or fortnightly for at least 6 months. Night-time service—3 hours monthly for at least 6 months.

bRoaDMEaDowS coMMunity LEGaL SERVicE

Ph: (03) 9302 3911E-mail: [email protected] Address: 180 Widford Street, Broadmeadows 3047Volunteer Co-ordinator: Flora Culpan ([email protected]).Services Provided: Generalist legal serv-ice providing legal advice, referral, ongoing casework assistance and a community legal education program. BCLS also provides an intervention order support program, divorce classes, outreach services at Sunbury Com-munity Health Centre and Craigieburn Broth-erhood of St Laurence.Role of Student Volunteers: Night service paralegal (generally lower year levels)—sit in on interviews, take notes, administration.Day time (generally later year levels)—re-search, drafting letters, case work, administra-tion.Currently Accepting Volunteers: Generally there are no places available. However, oppor-tunities arise throughout the year and students on the waiting list will be given priority.Required Level of Experience/Skills: Any year level. Preferably students interested in social justice issues.Time(s) to Apply: Any time. Application Process:

Call centre and send in CV.1.

If students are put on a waiting list, CLC 1. will call them up when there is a place available.

Time Commitment: Night Service—3 hours on a roster basis.Daytime service—A full day weekly.

caSEy caRDinia coMMunity LEGaL SERVicE inc.

Ph: (03) 9793 1993E-mail: [email protected]: 42 Claredale Road, Dandenong 3175Volunteer Co-ordinator: Heather Richard-son ([email protected])Services Provided: Generalist Community Legal Service providing legal advice, informa-tion and referral to community organisations, community legal education and ongoing case-work assistance. Specialises in Family law and debt matters. Other services such as financial counsellor and outreach services provided.Role of Student Volunteers: Research, ad-ministration, preparation of documents, ob-serving client interviews.Currently Accepting Volunteers: Yes, how-ever only waiting list available at the mo-ment.Required Level of Experience/Skills: No specific requirement. Students are given work in accordance with their level of experience.Time(s) to Apply: Best times to apply are around October/November for the following year.Application Process: E-mail CV to volunteer co-ordinator as above.Time Commitment: Either one morning or one afternoon at least once a fortnight but preferably once a week.Mornings 10:15–12:30, afternoons 2:15–4:30.

79EquaLity HanDbook


cEntRaL HiGHLanDS coMMunity LEGaL cEntRE

Ph: 5331 5999E-mail: [email protected] Address: 34 Victoria Street Ballarat 3350Postal Address: PO Box 1982, Bakery Hill 3354Volunteer Co-ordinator: Pat Prescott (Pat_ [email protected]).Services Provided: We provide free legal advice and referral services to disadvantaged people in the Central Highlands Region. We provide a duty lawyer to the Family Violence Court Division. We provide divorce self help workshops twice a month. Community Legal Education—talks, seminars, forums, law re-form. We have volunteer solicitors come in twice a week to see clients.Role of Student Volunteers: We have had so-cial work students do their placements at the centre. They have taken on a research project. For example the last student we had researched legal needs for elderly people in our region. We currently have a law student volunteering in administration who will soon have the op-portunity to sit in on some client interviews. We are always looking for administration vol-unteers.

coMMunicationS Law cEntRE

Ph: (03) 9600 3841E-mail: [email protected]: comslaw.org.au Address: Level 1, 283 Queen St, Melbourne 3000Volunteer Co-ordinator: Mishelle Predika ([email protected]).Services Provided: Specialises in media, com-munications and online law and policy. Their activities include research, policy, education and legal advice in the areas of broadcasting; defamation; free speech; media ownership;

privacy; and telecommunications. Free legal advice is provided on Internet related law via the Oz Netlaw Website. Role of Student Volunteers: Research projects, maintaining research library, updat-ing website, internet research, administrative tasks. Currently Accepting Volunteers: Not at the moment. Students are still encouraged to con-tact the centre. Required Level of Experience/Skills: Pref-erably 3rd year law students and above. How-ever, all students are encouraged to apply for the Semester One Program.Time(s) to Apply: After January 2009.Application Process:

Students contact centre.1. Submit CV and cover letter. Include infor-2. mation regarding your availability.If place available, interview will take 3. place.

Time Commitment: One day per week for a minimum of 6 months.

conSERVation VoLuntEERS auStRaLia

Ph: (03) 9326 8250Freecall: 1800 032 501 Fax: 9326 8239 E-mail: [email protected]: 162 Adderley Street, West Mel-bourne 3003Volunteer Co-ordinator: Lisa Litchfield ([email protected] or 9326 8250).Services Provided: Better Earth Volunteers are engaged in practical outdoor conserva-tion activities including tree planting, weed removal, fauna and flora surveys and heritage restoration.Currently Accepting Volunteers: Yes.



Required Level of Experience/Skills: No ex-perience/skills required, all training provided.Time(s) to Apply: Anytime.Application Process: Complete a volunteer registration form.Time Commitment: Anytime.

conSuMER action Law cEntRE

Ph: (03) 9670 5088E-mail: [email protected]: consumeraction.org.au Address: Level 7, 459 Little Collins St, Mel-bourne 3000Volunteer Co-ordinators: Jillian Williams ([email protected]) and Kay Li Yeoh.Services Provided: The Consumer Action Law Centre is a campaign-focused consumer advocacy, litigation and policy organisation. Consumer Action provides free legal advice and representation to vulnerable and disad-vantaged consumers across Victoria, and is the largest specialist consumer legal practice in Australia. As well as working with consum-ers directly, Consumer Action provides legal assistance and professional training to com-munity workers who advocate on behalf of consumers. As a nationally-recognised and influential policy and research body, Consum-er Action pursues a law reform agenda across a range of important consumer issues at a gov-ernmental level, in the media, and throughout the community directly. Consumer Action is dedicated to advancing the interests of low-in-come and vulnerable consumers, and of con-sumers as a whole. Role of Student Volunteers: Assist solicitors with research, policy and case work as well as administrative tasks. Answer phone enquiries from members of the public seeking legal ad-vice and obtain instructions from the person about their problem. This information is then passed on to the solicitors who contact the caller and provide the legal advice.

Currently Accepting Volunteers: Yes. How-ever, there may be a 3–4 month waiting period before starting time depending on the time of the year. Applications welcome.Required Level of Experience/Skills: 4th year or above.Time(s) to Apply: Any time. Application Process:

Email cover letter, CV and results.1. Informal interview. 2.

Time Commitment: Minimum of one 4 hour block per week during business hours.

DaREbin coMMunity LEGaL cEntRE

Ph: (03) 9484 7783Website: communitylaw.org.au/darebin/Address: 265 High Street, Preston 3072 Volunteer Co-ordinator: Maria Georgiou ([email protected]).Services Provided: Generalist Legal Service providing legal advice, info and referral serv-ices for specialised areas of law. Other serv-ices provided include the Darebin Intervention Order Support Service, Indigenous Legal Out-reach Clinics, Outreach to men’s and women’s prisons and Community Legal Education Pro-gram.Role of Student Volunteers: Front Office Worker (day)—front office reception, handling enquiries from clients, making appointments or providing referrals and administration.Community volunteer (night service)—taking clients’ statistics, supporting clients in under-standing legal advice, referring clients to com-munity services, administration and reviewing client’s files.Project work—Community legal education, programs and law reform to address correc-tional issues (prisons), increase community awareness about family violence, increase in-digenous people’s access to DCLC and work-ing with newly arrived communities.

81EquaLity HanDbook


Currently Accepting Volunteers: Front Of-fice—Currently available.Night service—waiting list. Recruitment in January.Project Work—after front office four month roster.Required Level of Experience/Skills: Any year level. To volunteer as a project worker, volunteers must have had experience as an of-fice worker. Time(s) to Apply: Daytime service—Any-time. Night time service—November.Application Process:

Call if interested.1. Informal interview.2. Fill in application form.3. On the job training.4.

Time Commitment: Front reception—Half day weekly for 6 months.Night service—One night per month for 12 months.Project worker—Half to full day for 4 months.

DiSabiLity DiScRiMination LEGaL SERVicE

Ph: (03) 9654 8644Country: 1300 882 872TTY: (03) 9654 6817Fax: (03) 9639 7422Address: C/o Ross House Association, Inc. 2nd Floor, 247 Flinders Lane, Melbourne 3000E-mail: [email protected]: communitylaw.org.au/ddlsVolunteer Co-ordinator: Anna Leyden—Administration Officer ([email protected]).Services Provided: Legal advice, community legal education, disability issues.Currently Accepting Volunteers: At present we are not taking any more volunteers, al-

though a few months prior to the end of the year we may have vacancies.Application Process: Via website—volun-teering at DDLS.Time Commitment: To apply, minimum of six month and at least 1/2 to 1 day per week.

EaStERn coMMunity LEGaL cEntRE

Ph: (03) 9285 4822 E-mail: [email protected] Address: Box Hill Town Hall (at the rear-end), Bank St in Box Hill Volunteer Co-ordinator: Leonie Burnham ([email protected]).Services Provided: Generalist Legal Service providing legal advice, info, referral and tar-geted ongoing casework assistance. The Com-munity Legal Education program offers free information sessions on a range of legal mat-ters and publishes Wills Kits, Motor Vehicle Collisions Kits and Neighbourhood Dispute Kits. Outreach service provided and law re-form activities.Role of Student Volunteers: Case work as-sistance—research, drafting letters, adminis-trative tasks, cases.Paralegal—meeting clients, taking statistics, sitting in on some interviews, drafting letters, administration.Administrative assistance—administrative tasks.Law Reform Assistance—research.Front office reception—administrative tasks, handling phones, reception tasks.Ringwood Magistrates Court—taking statis-tics from clients, conflict checks and general support.Possibility of education or research roles in the future.Currently Accepting Volunteers: As re-quired.



Required Level of Experience/Skills: Any year level. Student needs good communica-tions skills, organisation skills, commitment to social justice, time commitment. Preferably a genuine interest in family or criminal law.Time(s) to Apply: Any time for waiting list. Application Process:

Call centre if interested.1. Provide details to be added to waiting list.2. Informal interview.3. Successful applicants will undergo train-4. ing.

Time Commitment: Half day or evening once a fortnight.

EnViRonMEnt DEFEnDERS oFFicE (VictoRia)

Ph: (03) 8341 3100Email: [email protected]: edo.org.au/edovicAddress: PO Box 12123, A’Beckett Street PO, Melbourne 8006 (office is located in Leicester St, Carlton)Volunteer Co-ordinator: Mandy John-son, Administration & Projects Coordinator ([email protected] or 8341 3102)Services Provided: The EDO is an independ-ent, non-profit, community legal service, prac-ticing in public interest environmental law.The EDO’s activities include: Providing the community with legal advice and representa-tion on public interest environmental matters; developing and promoting community legal education programs; contributing to environ-mental and planning law reform and policy.The EDO aims to provide legal advice and as-sistance to people who wish to protect the en-vironment and who could not otherwise afford legal assistance.Role of Student Volunteers: Day volunteers commit to work one full day per week during semester period to assist with legal research, paralegal tasks and administrative functions.

Interns work full time during semester breaks assisting with all aspects of EDO work as per above—see website for details.Currently Accepting Volunteers: Yes—peri-odic intakes.Required Level of Experience/Skills: Law students preferably at advanced stage of de-gree; see our website for further details. Ad-ditional relevant studies e.g. Science or Plan-ning are well regarded.Time(s) to Apply: Applications accepted any time for different programs—see website for details.Application Process: Complete application form available on website and send together with your CV. Internship application proce-dures may vary in future—check website for up-to-date information.Time Commitment: One full day per week for semester volunteers; full-time 2–4 weeks for interns depending on time of year.

ESSEnDon coMMunity LEGaL cEntRE

Ph: (03) 9376 7929 Fax: (03) 9376 9748E-mail: [email protected]: Wingate Avenue Community Cen-tre, 13A Wingate Avenue, Ascot Vale 3032 Volunteer Co-ordinator: Simone Grieve.Services Provided: Generalist Community Legal Service providing legal advice, info, referral and ongoing casework assistance. Specialises in family law and criminal mat-ters. Refers on matters concerning wills and probate. Role of Student Volunteers: Taking client statistics, sitting in on interviews, research, general administration, filing.Currently Accepting Volunteers: Yes.Required Level of Experience/Skills: Gen-erally any year level, but it will depend on the role applied for. For roles requiring client as-

83EquaLity HanDbook


sistance there is a preference for senior law students. Application Process:

Email/Fax CV to Centre and a cover letter 1. stating your volunteering requirements and dates of availability.Centre will organise an interview.2.

Time Commitment: 2–3 hours on a roster ba-sis.

FitzRoy LEGaL SERVicE

Ph: (03) 9419 3744 E-mail: [email protected]: fitzroy-legal.org.au Address: 124 Johnston Street, Fitzroy 3065 Volunteer Co-ordinator: Marilyn.Services Provided: Generalist Legal Service providing legal advice, info, financial counsel-ling and referral to community organisations and ongoing casework assistance. Specialises in criminal law and dealing with young clients and clients with drug problems, mental health and intellectual disabilities. Law reform in-cluding prison issues, discrimination, drug issues, police accountability, Women and the Law Training Module, Legal Aid/CLC fund-ing and Access to Justice Issues. Community Legal Education via publications such as the Law Hand Book and the Services Directory for Drug & Alcohol Users. Outreach service at North Richmond Community Health Centre.Role of Student Volunteers: Day service—Administration, office duties, research, publi-cations.Night service—paralegal work, sit in on inter-views, draft documents under supervision of solicitor and research. Currently Accepting Volunteers: Check the website.Required Level of Experience/Skills: Pref-erably students in 3rd year or above.Volunteer places currently available: There are no places available at the moment. How-

ever, they will accept applications at any time for their waiting list. They have 2 to 3 intakes per year. Time(s) to Apply: Any time for the waiting list.Application Process:

Call centre for a volunteer package.1. Fill in application form and send in CV.2. When there is a vacancy, CLC will contact 3. student.An interview will take place.4. Volunteers will undergo an induction to the 5. service.

Time Commitment: 3-4 hours per week or fortnight for at least 12 months.

FLEMinGton & kEnSinGton coMMunity LEGaL cEntRE

Ph: (03) 9376 4355 Fax: (03) 9376 4529E-mail: [email protected]: communitylaw.org.au/flemingtonkensingtonStreet Address: 22 Bellair Street, Kensington 3031Postal Address: PO Box 487, Flemington, 3031Volunteer Co-ordinator: Simon Roberts ([email protected] or [email protected]).Services Provided: Our Legal Centre has been established since 1980, and we consist of a small, but committed, team of staff and vol-unteers. We take client appointments during our Monday Night Service, and do a variety of general casework during the day, including wills, tenancy, housing and criminal matters. We also provide Refugee Offshore Immigra-tion casework during the day. We operate un-der a community-based model and are man-aged by a Committee of Management.



Role of Student Volunteers: Day/reception volunteers—research and casework under the supervision of a staff solicitor, drafting cor-respondence and legal documents, reception work and general admin.Night Service volunteers—participating and note-taking in client interviews, consulting the supervising solicitor with regards to difficult areas of the law, drafting of correspondence and legal documents.All volunteers are expected to assist with any ad hoc administration needs, and are required to attend two Training Nights a year.Currently Accepting Volunteers: Not cur-rently recruiting, but we accept CVs and ap-plications from law students at any time, and applicants will be put on the waiting list.Required Level of Experience/Skills: We usually take on law students who are in their 2nd year or higher (whether combined or straight law degree), but all applicants will be consid-ered. We value in our volunteers the ability to work both independently and in a team, at-tention to detail, confidentiality, and research skills. Preference is also given to students who live in the inner metropolitan or western re-gions.Time(s) to Apply: We accept CVs and appli-cations from law students at any time.Application Process: Please send an email, with your CV and contact details attached, to [email protected] Commitment: For day volunteers—1 day a week.For Night Service volunteers—attendance on Monday nights from around 5:30–7:00pm on a weekly or fortnightly basis.

FootScRay coMMunity LEGaL cEntRE

Ph: (03) 9689 8444E-mail: [email protected]

Address: 220 Nicholson Street, Footscray 3011Volunteer Co-ordinator: Carol McNair.Services Provided: Generalist Community Legal Service providing evening advice and a referral service. Intervention order support program, financial counselling and commu-nity legal education.Role of Student Volunteers: Day volun-teers—reception duties, answering phones, dealing with clients, administration.Night service—reception duties, sitting in on interviews and observing.Currently Accepting Volunteers: Contact the centre to check.Required Level of Experience/Skills: Any levelTime(s) to Apply: Any time.Application Process:

Call up.1. Fill in an application form and send in CV. 2. An informal interview then a training ses-3. sion.

Time Commitment: Day volunteers—half day a week for at least three months.Night volunteers—a few hours each fortnight for three months.

GiPPSLanD coMMunity LEGaL SERVicE

Ph: (03) 51330 411 or 1800 004 402 E-mail: [email protected] Address: 162 Commercial Road, Morwell 3840 Volunteer Co-ordinator: Meryl Watson (Ad-min officer/Intake co-ordinator).Services Provided: Generalist Community Legal Service providing legal advice, infor-mation, referrals and assistance. Community Legal Education and Law reform. Matters in-clude crime, family law, discrimination and equal opportunity, social security, employ-

85EquaLity HanDbook


ment, victims of crime compensations and freedom of information. Outreach services also provided. Role of Student Volunteers: Advice, research projects, administrative work. Currently Accepting Volunteers: No (cur-rently unable to provide supervision due to lack of staff—but please check).Required Level of Experience/Skills: Any year level, with preferences for senior year level students.Time(s) to Apply: Any time. Application Process:

Contact centre and/or send in CV and cover 1. letter.Interview (plus police checks).2. Training. 3.

Time Commitment: Flexible.

Job watcH inc - EMPLoyMEnt RiGHtS coMMunity LEGaL cEntRE

Ph: (03) 9662 9458 E-mail: [email protected]: jobwatch.org.au Address: Level 5, 21 Victoria Street, Mel-bourne 3000Volunteer Co-ordinator: Gabrielle Marchet-ti/Ian Scott ([email protected]).Services Provided: JobWatch is an employ-ment rights community legal centre. JobWatch provides a free and confidential telephone in-formation and referral service for employees and has a small legal practice that takes on casework for disadvantaged workers. Role of Student Volunteers: Assisting the le-gal practice with casework.Currently Accepting Volunteers: Students are encouraged to send in a CV and cover let-ter.

Required Level of Experience/Skills: Prefer-ably later year law students who have studied employment law.Time(s) to Apply: Any time.

MELbouRnE cityMiSSion—coMMunity FRiEnD PRoGRaM

Address: 123 Albion Street, Brunswick 3056 Services Provided: The Community Friend Program is a social support program for adults with a disability. The program provides social group or one to one activities that allow peo-ple living with a disability to access in a fun and inclusive way. Role of Student Volunteers: Community Friend Volunteers offer social support to adults with a disability through leisure and recreation activities. There is an option of supporting a group with another volunteer on a monthly basis. Or, volunteers can be linked to one in-dividual and together decide on the activities and when and where to do them. Program Coordinators: Colin Schasser: ([email protected] or 9385 3222) and Pam Beaumont: ([email protected] or 9385 364).Required Level of Experience/Skills: No disability experience is necessary. It is desira-ble that volunteers have good social skills and clear and adaptable communication. Application Process: Volunteer recruitment is ongoing and application will be accepted at any time. There will be an application form to complete, an interview to attend and all vol-unteers will undergo a Police Check. For more information on the Community Friend Pro-gram or to apply for a volunteer role, please contact either of the program coordinators.Time Commitment: It is expected volunteers would be committed for a 12 month period and be available monthly for groups or fortnightly for an individual match.



MELbouRnE uniVERSity StuDEnt union LEGaL SERVicE

Ph: (03) 8344 8687 E-mail: [email protected] Website: union.unimelb.edu.au/legalAddress: 3rd Floor, Union House Melbourne University 3010Postal Address: PO Box 4310, Melbourne 3000Volunteer Co-ordinator: Greta Haywood ([email protected]).Services Provided: Provides free and readily accessible legal service to Melbourne Univer-sity students and other eligible students. Role of Student Volunteers: Sitting in on in-terviews, research, drafting legal documents, conducting pre-interviews, community legal education and project work on legal issues that are of interest to students.Required Level of Experience/Skills: Pref-erably 3rd year or above, but enthusiastic sec-ond years welcome to apply. Main selection criteria are enthusiasm and commitment!Time(s) to Apply: Any time.Application Process:

Send expression of interest and CV to 1. [email protected] will then contact you to arrange to 2. meet.

Time Commitment: 3 hours weekly or fort-nightly. Negotiable.

MEntaL HEaLtH LEGaL cEntRE

Ph: (03) 9629 4422Freecall: 1800 555 887E-mail: [email protected]: communitylaw.org.au/mentalhealthAddress: 9th Floor, 10-16 Queen Street, Mel-bourne 3000Volunteer Co-ordinator: Jill Richardson ([email protected]).

Services Provided: Provides specialist repre-sentation, advice and legal service to anyone who has experienced a mental illness. Areas of expertise include: health complaints, Men-tal Health Review Board, criminal law and forensic matters, child welfare and family law, discrimination law, guardianship & ad-min problems, and freedom of information. MHLC provides community legal education to those in the mental health field and under-takes research, law reform and policy work on mental health issues and the law. Role of Student Volunteers: Legal research, policy work, community legal education and administrative work. Currently Accepting Volunteers: Places are subject to availability at any time. Required Level of Experience/Skills: Pref-erably 3rd or 4th year.Time(s) to Apply: Any time. Application Process:

Send in CV and cover letter detailing when 1. student is available and what student is in-terested in.If no place available, student put on wait-2. ing list.If place becomes available, student will be 3. called.

Time Commitment: Depends on students’ availability, but at least half a day a week.

MoRELanD coMMunity LEGaL cEntRE

Ph: (03) 9383 2588E-mail: [email protected] Address: 17 Sydney Road, Coburg 3058 Volunteer Co-ordinator: Carmen & Gordana ([email protected])Services Provided: Generalist Community Legal Service providing legal advice, infor-mation and referral to local agencies and on-going casework assistance. Provides training for social and community service workers

87EquaLity HanDbook


and financial counselling. Specialises in wel-fare rights, domestic violence and family law, corrections and police issues, social security, criminal law, traffic matters and complaints against professionals.Role of Student Volunteers: Daytime serv-ice—research, drafting letters, admin duties including reception, answering the telephone and filing.Night time service—filling out client detail sheets, supporting solicitors, sitting in on in-terviews. Currently Accepting Volunteers: Yes, de-pending on need. Time(s) to Apply: Any time. Application Process:

Contact centre.1. Fill out questionnaire/application.2. Initial induction/interview.3.

Time Commitment: Half day weekly or fort-nightly for 6 months.

MuRRay MaLLEE coMMunity LEGaL SERVicE

Ph: (03) 5023 5966 E-mail: [email protected] Address: 122 Ninth Street, Mildura 3502Volunteer Co-ordinator: Manager, Teresa Jayet ([email protected])Services Provided: Generalist Legal Serv-ice providing legal advice as well as divorce classes. Community legal education program.Role of Student Volunteers: Casework, pa-ralegal work, community legal education and administration.Currently Accepting Volunteers: Yes, MMCLS is very interested in having students all year round.Required Level of Experience/Skills: Any year level.Time(s) to Apply: Any time throughout the year.

Application Process:Call the manager to express interest.1. Send in CV and follow up with a phone call 2. to the manager.

Time Commitment: One day a week at a minimum.

noRtH MELbouRnE LEGaL SERVicE

Ph: (03) 9328 1885 Fax: (03) 9326 5912E-mail: [email protected]: 1st Floor, 504 Victoria Street, North Melbourne 3051Postal Address: P.O. Box 512, North Mel-bourne 3051Volunteer Co-ordinator: Mei Poh Lee, Man-ager.Services Provided: Generalist Legal Service providing legal advice, referral, information, Community Legal Education and ongoing casework assistance. Deals with family, crimi-nal law, uncontested civil matters, debt and traffic matters, social security, motor accidents and other matters with a public interest on a case by case basis. Role of Student Volunteers: Day time volun-teer—casework, drafting letters, research, as-sisting Manager with database management, filing and other administrative tasks, answer-ing phones, sitting in on interviews, and other tasks as may be requested from time to time. Night time volunteer—preparing files for law-yers, taking clients statistics, sitting in on in-terviews, research, support for client. Currently Accepting Volunteers: —Required Level of Experience/Skills: Pref-erably in third year or above but all applica-tions are considered.Time(s) to Apply: Summer Program—Mid-dle of second semester/fourth term; Semester programs—December and May.



Application Process:Send an e-mail to [email protected]. net.au asking for a Prospective Volunteers Pack.Fill in application form.2. If place available, you will be contacted for 3. an informal group interview.

Time Commitment: Daytime—half a day per week (9am–1pm; 1pm–5pm).Night time—6pm~8:30pm per fortnight.Summer—A full day per week for 10 weeks.

PEninSuLa coMMunity LEGaL cEntRE

Ph: 9783 3600FreeCall: 1800 064 784E-mail: [email protected]: Chatsworth House, Suite 1-4, 431 Nepean Highway, Frankston 3199Volunteer Co-ordinator: Andrea Florance—Manager Volunteer and Education Programs ([email protected]).Services Provided: Peninsula Community Legal Centre Inc. is a not-for-profit organisa-tion that provides free legal services to anyone who lives, works or studies in the municipali-ties of Frankston, Glen Eira, Casey, Kingston, Mornington Peninsula and Cardinia. Services are provided by paid staff and volunteers from our four branch offices—Frankston, Cran-bourne, Bentleigh and the Pines (Frankston North), with outreach visits to a number of other locations. Volunteers enable the Centre to provide services well beyond our funding. We currently run eight weekly volunteer ses-sions including three at Frankston, one at the Pines, two at Bentleigh, one at Cranbourne and one at Rosebud. We also have one volun-teer session at Hastings on a fortnightly basis.At our volunteer advice sessions, qualified lawyer volunteers provide clients with free legal advice. Paralegal volunteers are also in-

volved at our volunteer advice sessions (see below for role of paralegal volunteers).Role of Student Volunteers: Paralegal volun-teers coordinate the sessions, conduct a pre-liminary interview and provide assistance to legal volunteers (such as resource and refer-ral information and administrative support). Paralegal volunteers may also sit in on client interviews to gain a greater understanding of legal issues and the advice required.Currently Accepting Volunteers: Yes.Time(s) to Apply: Anytime though paralegal training is generally offered twice per year.Application Process: Contact Head Office.Time Commitment: Weekly/fortnightly/monthly for at least 6 months.

PubLic intERESt Law cLEaRinG HouSE (PiLcH)

Ph: (03) 9225 6680E-mail: [email protected]: pilch.org.auAddress: 1st Floor, 550 Lonsdale Street, Mel-bourne 3000Please note PILCH is relocating at the end of 2008. Check our website for more up to date contact information.Volunteer Co-ordinator: Rachel Brown, Co-ordinator ([email protected] or 03 9225 6659).Services Provided: PILCH is an independ-ent not-for-profit legal referral service. PILCH seeks to meet the legal needs of community groups, not-for-profit organisations and indi-viduals from disadvantaged or marginalised backgrounds by facilitating pro bono legal as-sistance.PILCH assesses requests for legal assistance and refers matters which meet means, merit and public interest criteria to participating bar-risters, law firms, and legal departments who act for the client pro bono (free of charge). PILCH also engages in targeted law reform

89EquaLity HanDbook


and advocacy work, and provides community education and training.Role of Student Volunteers: Volunteers are responsible for taking initial inquiries and instructions from clients seeking legal assist-ance; assisting with assessment of matters ac-cording to eligibility criteria; drafting referral memos to law firms and counsel; drafting cor-respondence to clients; attend conferences be-tween clients, admin, solicitors and counsel; attend the Homeless Persons’ Legal Clinic. Students may also assist with writing and ed-iting newsletters, research and production of special publications, and organising special events.Currently Accepting Volunteers: Applica-tions are open all year round. Check website for specific deadlines.Required Level of Experience/Skills: Final or penultimate year law students due to com-plexity of work.Time(s) to Apply: Students may apply at any time for an ongoing volunteer position.Applications for the Summer Internship should be sent by mid-October. Application for the Winter Internship should be sent by mid-May.Check website for specific deadlines.Application Process:

Send a CV and completed application form 1. including days of availability.You will then be contacted about your ap-2. plication.

Time Commitment: Ongoing placements re-quire a commitment of a full day once every two weeks.Summer and winter internships last for two weeks, during which volunteers work Mon-day–Friday, 9am–5:30pm with an hour’s lunch break.

REFuGEE & iMMiGRation LEGaL cEntRE

Ph: (03) 9483 1144Advice Line: (03) 9483 1140Email: [email protected] or [email protected]: rilc.org.auAddress: 95 Brunswick Street, Fitzroy 3065Volunteer Co-ordinator: Angela Dwyer (9483 1144).Services Provided: RILC is an independent community legal centre specialising in refugee and family immigration law, policy and pro-cedure. Provides immigration legal service, assistance to asylum seekers, citizenship law, casework, education, telephone advice, tribu-nal representation. Also runs a comprehensive training and community education program.Currently Accepting Volunteers: Yes we currently taking volunteers.Role of Student Volunteers: Research and administrative tasks.Time(s) to Apply: Applications are received all year around.Application Process: Please access RILC volunteer application form from the RILC website and mail in to RILC after completion OR ring 9483 1144.Time Commitment: Sunday clinic, Night time and Weekday time slots available on a flexible basis.

REPRiEVE auStRaLia

E-mail: [email protected]: reprieve.org.auAddress: PO Box 4296, Melbourne 3001Volunteer Co-ordinator: Anna Martin.Services Provided: Reprieve Australia works to assist in the provision of effective legal representation and humanitarian assistance to those facing the death penalty at the hands of the state and raising awareness of associated human rights issues.



Reprieve Australia offers a volunteer intern-ship program in which suitable applicants travel to the U.S. and provide direct assistance to legal offices representing people charged with capital crimes.Role of Student Volunteers: There are a vari-ety of alternative volunteer options within the organisation for students interested in death penalty issues including general research tasks, a pen pal program with American inmates and other administrative tasks.For further information see the Reprieve Aus-tralia website or email us.Currently Accepting Volunteers: YesRequired Level of Experience/Skills: None necessary, applications for the internship pro-gram are assessed on an individual basis.Time(s) to Apply: Various.The internship program runs year round and we recommend students apply 4-6 months pri-or to their intended travel date to allow visas and suitable documentation to be finalised. Other volunteer positions are available year round.Application Process: Contact the volunteer coordinator and detail the type of voluntary work you are interested in, any relevant prior experience held and enclose copy of CV.Time Commitment: Various.

SoutH-wESt coMMunity LEGaL cEntRE

Ph: 1300 361 680E-mail: [email protected] or [email protected]: 135 Kepler Street, Warrnambool 3280Volunteer Co-ordinator: Peter Sheen ([email protected]).Services Provided: Generalist Legal Service providing legal advice, info, referral and limit-ed casework assistance. Services are designed

to assist those that slip through legal aid and are unable to afford a private solicitor.Role of Student Volunteers: Paralegals—writing letters, research, casework, adminis-trative tasks. Later year law students will have more challenging and complex work to do.Currently Accepting Volunteers: Yes. Required Level of Experience/Skills: Any level.Time(s) to Apply: Any time.Application Process:

Call up centre if interested.1. Send in CV and Cover letter.2. Informal interview will take place.3. If successful, then training. 4.

Time Commitment: Flexible and individu-ally based depending on availability.

SPRinGVaLE MonaSH LEGaL SERVicE

Ph: (03) 9562 3144E-mail: [email protected]: 5 Osborne Ave, Springvale 3171Volunteer Co-ordinator: Carolyn Pabst.Services Provided: Generalist Legal Service providing legal advice, information, referral and ongoing casework assistance.Also provides: Intervention Order Support Scheme which operates from Dandenong Magistrates’ Court, South Eastern Centre Against Sexual Assault/SMLC joint legal ad-vice service, child support work and solicitor, civil litigation solicitor advocate, and con-ducts community development projects in ar-eas of child abuse, corrections, medical issues, coronial process, Pasifika and Therapeutic ju-risprudence.Role of Student Volunteers: The Volunteer Program operates on Tuesday, Wednesday and Thursday evenings. Fortnightly commitment required.

91EquaLity HanDbook


Night-time receptionists—front office recep-tion, handling enquiries from clients.Night-time caseworkers—volunteers conduct client interview, research law, and discuss legal issues with volunteer supervisors who confirm the advice to be given to client.Currently Accepting Volunteers: There is currently a 4 to 5 month waiting list.Required Level of Experience/Skills: Penul-timate and final year law students only.Time(s) to Apply: Any time.Application Process:

Contact the service and an application form 1. will be sent to you.Complete form and send in CV.2. You application will be kept on file and 3. you will be invited to attend an Information Session before being placed on the waiting list.

Time Commitment: Approximately 3–4 hours fortnightly (7–10pm). A minimum 6 month commitment.

St kiLDa LEGaL SERVicE co-oP

Ph: (03) 9534 0777 or 8598 6613 (direct)E-mail: [email protected] Address: 161 Chapel Street, St Kilda 3182Volunteer Co-ordinator: Anthea Teakle.Services Provided: Generalist Service pro-viding legal advice, information, referral and ongoing casework assistance. Our areas of casework include family law, family violence (including intervention order matters), crimi-nal law, debt, motor accidents, body corporate, infringement fines & civil matters.Also provides a Community Legal Education program, law reform activities and a drug out-reach program.Role of Student Volunteers: Day time serv-ice—support work to program workers, ad-ministration, draft letters, legal research, fil-ing, law reform and legal education; Night time service—assist receptionist with com-

pleting client statistics sheets, sit in on client interviews, assisting with research, supporting casework activities, administration.Currently Accepting Volunteers: None at the moment. There is currently a waiting list.Required Level of Experience/Skills: Pref-erably 4th and 5th years in St Kilda’s catchment area—Cities of Port Phillip, Stonnington and Bayside.Time(s) to Apply: Any time. Application Process:

Call if interested.1. Send in CV by post or email.2. If place available, interview takes place.3.

Time Commitment: 2–3 hours once a week, for at least twelve months.

SuDanESE auStRaLian intEGRatED LEaRninG (SaiL) PRoGRaM

Ph: 9679 3272E-mail: [email protected]: SAILProgram.org.auAddress: PO Box 21057, Little Lonsdale St, Victoria 8011Volunteer Co-ordinator: Nik Tan.Services Provided: The SAIL Program is a volunteer, non-profit, secular organisation that provides free English support & community services to the Sudanese refugee community. Tutors work one on one or in small groups with recent Sudanese arrivals to Australia.Role of Student Volunteers: Tutor and men-torCurrently Accepting Volunteers: YesRequired Level of Experience/Skills: Enthu-siasm—that’s all!Time(s) to Apply: Any.Application Process: Online through the How Can I Help section of the website.



Time Commitment: 2.5 hours per week, Sat-urdays only.

tEnantS union oF VictoRia

Ph: (03) 9411 1444Advice Line: (03) 9416 2577 E-mail: [email protected], [email protected]: www.tuv.org.au (you need the “www.”)Address: 55 Johnston Street, FitzroyServices Provided: TU provides advice and advocacy to more than 30,000 tenants annual-ly through phone advice and drop in service. A range of publications and fact sheets are also produced and made available to tenants across the State. The TU are also actively involved in advocating policy change. Role of Student Volunteers: Phone advice with occasional opportunity to become in-volved in policy/reform matters.Currently Accepting Volunteers: None at the moment. Please check website for vacan-cies (especially in Jan/Feb).Required Level of Experience/Skills: Penul-timate or final year. Some customer service experience is helpful.Application Process: Applications are ad-vertised on our website at least once a year (generally around February) and students are advised to check our website at that time to enquire as to when we are taking applicants and what the process is—we generally recruit about 10 people per year.Time Commitment: 3.5 hours per week.

VictoRian aboRiGinaL LEGaL SERVicE

Ph: (03) 9419 3888Toll Free: 1800 064 865E-mail: [email protected]

Website: vals.org.au Address: 6 Alexandra Parade, Fitzroy 3065Volunteer Co-ordinator: Frank Guivarra.Services Provided: VALS provides free case work assistance for Aboriginal people who have cases listed in Victoria. VALS provides representation in most criminal matters, some family law and some civil matters as well as referrals to other services such as financial counselling services for debt matters. VALS also provides after hours advice for Koori peo-ple who are in custody or who face arrest out of office hours. Role of Student Volunteers: Depending on interest, volunteers may assist in the prepa-ration of legal case work, attend Court with solicitors to provide assistance and observe proceedings, research projects on law reform or policy as well as administrative work. Currently Accepting Volunteers: YesTime(s) to Apply: Any time.Application Process: Call or email the serv-ice if interested. Time Commitment: Very Flexible.

ViLLaManta DiSabiLity RiGHtS LEGaL SERVicE

Ph: (03) 5229 2925Free Call: 1800 014 111Address: 44 Bellerine Street, Geelong 3220Volunteer Co-ordinator: Sue Wolter.Services Provided: Villamanta is a free Statewide Community Legal Service that works only on disability related legal issues. Our main purpose is to make sure that Victo-rian people who have a disability know about the law, and use the law, to get their rights. Our main focus is the rights of people who have an intellectual disability.We provide freecall telephone information, advice and referral service, casework on dis-ability related legal issues, community legal education and policy and law reform.

93EquaLity HanDbook


Role of Student Volunteers: Many and vari-ous, dependent on work available at the time, and skills/interests of the volunteer

wELFaRE RiGHtS unit

Ph: (03) 9416 1409Advice Line: (03) 94161111E-mail: [email protected]: www.welfarerights.org.au (you need the “www.”)Address: 155 Easey Street, Collingwood 3066Volunteer Co-ordinator: Peter Horbury.Services Provided: Specialises in advice on any social security issues. WRU can help with: working out whether a person in entitled to a social security payment, deciding which social security payment is best, working out how much a person should be getting, appeal-ing a decision, and complaining about poor treatment by Centrelink. Role of Student Volunteers: Casework, pro-viding advice on social security issues (after specialist training) research for law reform or policy issues.Currently Accepting Volunteers: Varies, best to call and check. Required Level of Experience/Skills: It is preferable that students be at least half way through their law degree.Time(s) to Apply: Any time.Application Process:

Contact WRU to find out what positions are 1. available.Complete application form and send in 2. CV.Information session.3.

Time Commitment: Half a day per week/fortnight.

wEStERn SubuRbS LEGaL SERVicE

Ph: (03) 9391 2244 E-mail: [email protected]: 30 Hall Street, Newport 3015Volunteer Co-ordinator: Emel Ramadan.Services Provided: Generalist Legal Service providing legal advice, information, referral and ongoing casework assistance. Night serv-ice is also available.Role of Student Volunteers: Depends on level of experience—later year law students receive more complicated and challenging work to do. Work can include sitting in on interviews, research, writing letters, meeting clients, pho-tocopying, administrative tasks, community legal education and reform issues.Currently Accepting Volunteers: Yes.Required Level of Experience/Skills: Any year level.Time(s) to Apply: Any time, especially dur-ing the holiday period.Application Process:

Contact CLC.1. Fill in application form and show evidence 2. of enrolment in law degree (they do not re-quire CV).Attend information session.3.

Time Commitment: Half a day once a week or fortnight. But quite flexible.

wHittLESEa coMMunity LEGaL SERVicE

A program of Whittlesea Community Connec-tionsPh: (03) 9401 6655Email: admin@whittleseacommunityconnec tions.org.auAddress: Shop 111 Epping Plaza, Cnr High St & Cooper St Epping 3076Volunteer Co-ordinator: Vanessa Torzillo ([email protected] or 9401 6655).



Services Provided: Generalist legal service providing free legal advice and referral to peo-ple living in the City of Whittlesea.Role of Volunteers: Front desk duties includ-ing answering calls, making referrals, assist solicitors with client follow up, general ad-ministrative duties etc. under the supervision of the Volunteer Co-ordinator & Principal So-licitor.Currently Accepting Volunteers: Yes, though will be wait-listed until the next induction.Required Level of Experience/Skills: Any year level & non-students also invited to ap-ply. Prefer someone with good organisational skills, ability to communicate in a culturally sensitive manner, committed to social justice, good written & verbal communication skills, good computer skills. Application Process: Phone Vanessa Torzillo on 9401 6655Time Commitment: A Minimum of 4 hours per week.

woMEn’S LEGaL SERVicE VictoRia (wLSV)

Ph: (03) 9642 0877 Fax: (03) 9642 0232Email: [email protected]: 3/43 Hardware Lane, Melbourne 3000Volunteer Co-ordinators: CEO, Gillian Dall-witz ([email protected]).Law Reform & Policy Lawyer, Penny Drys-dale ([email protected]).Legal Educator, Allyson Foster ([email protected]).Services Provided: WLSV is a statewide le-gal service for women. WLSV specialises in the area of “relationship breakdown and vio-lence against women”. Role of Student Volunteers: Assisting WLSV lawyers with casework and legal research, law reform and policy work or legal education.

Currently Accepting Volunteers: Yes.Time Commitment: Business hours between 9am–5pm Monday–Friday.We require a commitment of one day a week for a minimum period of six months. It is an essential requirement that volunteers under-taking community legal education commit for a minimum of 200 hours or one day a week for 6 months.Required Level of Experience/Skills: Stu-dents must be undertaking third year or above of a law degree, unless law is the second de-gree.Application Process: Contact the relevant staff member via the e-mail addresses pro-vided (see above). If you do not have e-mail or have more questions, please contact Office Administrator, Rebecca Carbone ([email protected] or 9642 0877).

wynDHaM LEGaL SERVicE

Ph: (03) 9741 0198 E-mail: [email protected]: communitylaw.org.au/wyndhamAddress: Suite 10, 2-14 Station Place, Wer-ribee 3030Volunteer Co-ordinator: Cynthia Manson.Services Provided: Generalist Community Legal Service providing legal advice, infor-mation, referral and assistance. Deals predom-inantly in family, criminal and civil (debt and motor vehicle accident) law. Also provides legal advice, representation, ed-ucation, participation and projects for people under 25.Service runs a Family Violence Intervention Order Support Project at Werribee Magistrates’ Court and Sunshine Magistrates’ Court.Role of Student Volunteers: Assisting clients with forms, assisting solicitors with casework, drafting letters, typing documents, research, community legal education, assistance at court.

95EquaLity HanDbook


Currently Accepting Volunteers: YesRequired Level of Experience/Skills: Pref-erably 3rd or 4th year. However, all students are encouraged to apply. Time(s) to Apply: End of year.Application Process:

Call centre if interested.1. Fill out and hand in application volunteer 2. forms.Interview with manager.3. Induction session.4.

Time Commitment: Around 3 hours/week, flexible between Monday–Friday typically 10am–1pm or 1–4pm.

youtHLaw

Ph: (03) 9611 2412 E-mail: [email protected] Website: youthlaw.asn.auAddress: Frontyard Youth Services, 19 King Street, Melbourne 3000Volunteer Co-ordinator: Director Ariel Couchman, however our preference is that you contact us via our website application process or email.Services Provided: Provides legal advice and representation to young people aged up to 25 years of age, advocacy and policy work on systemic issues, projects (e.g. human rights monitoring) and legal education to young peo-ple, youth workers and general public.Role of Student Volunteers: Casework sup-port, policy and law reform projects on issues affecting young people, research and adminis-trative tasks.Currently Accepting Volunteers: Applica-tions welcome. Please go to our website and read about the program and fill in application form.Required Level of Experience/Skills: Pref-erence for 2nd year and above.

Application Process:Go to Youthlaw website and read about 1. program and fill in application and fax in.If a place is available you will be contact-2. ed.

Time Commitment: At least a half day per week and we prefer a commitment of 6 months.

EVERYTHING MATTERS

DLA Phillips Fox is the Australasian rm with a world of opportunities.

BE LOCALGO GLOBAL

...Opportunities to work with world class companies on projects that matter to them.. Opportunities to work in a full range of areas of law...Opportunities for excellence in work and learning... Opportunities that derive from being part of a rm that is leading the development of the profession globally...Opportunities to achieve your goals.

ABOUT DLA PHILLIPS FOXDLA Phillips Fox is one of the largest legal f irms in Australasia and a member of DLA Piper Group, an alliance of independent legal practices. It is a separate and distinct legal entity. For more information visit www.dlaphillipsfox.com DLA Phillips Fox off ices are located in Adelaide Auckland Brisbane Canberra Melbourne Perth Sydney and Wellington. A list of DLA Piper off ices can be found at www.dlapiper.com

TO LEARN MORE ABOUT DLA PHILLIPS FOX AND OUR RECRUITMENT PROGRAMS PLEASE VISIT OUR CAREERS SITE AT:

www.dlaphillipsfox.com

Proudly brought to you by:Melbourne University Law Students’ Societyh�p://mulss.com

equality_2009

Documents

law students societyc

law school academic

duy nguyen public display

jessica raedesign

graduate applications

jessica raeopinion

vijenny jiang

inspirational articles