From the ED's desk

Can lawyers change the world? Two weeks ago, PILCH gathered an enthusiastic crowd of more than 200 people to discuss this question at the first PILCH Annual Law and Social Change Dialogue. We were guided by insights from social entrepreneur Nic Frances, GetUp! National Director Simon Sheik and The Chaser's Julian Morrow.

I posed three questions for the evening:

• What is 'social change'?
• How does it happen?
• Do lawyers have a role to play?

Each of the speakers gave their thoughts and there was some lively discussion.

Simon talked about the recent High Court case Rowe & Anor v Australian Electoral Commission which successfully challenged the early closure of the electoral rolls, allowing almost 100,000 people the opportunity to vote who would otherwise have been disenfranchised. Pro bono lawyers played a key role in bringing the case that led to this important decision. Simon encouraged us to be creative in our thinking and to actively seek out opportunities to test the legal boundaries of unfair laws. He also reminded us that we can use our unique skills and resources as lawyers to work with others outside the legal profession, so that our combined efforts can address unjust policies and laws.

Nic Frances asked whether lawyers were also part of the problem, as well as part of the solution. He challenged us to remember that some issues require a moral response and exhorted us to find a connection between facts and law, and emotion. "Sometimes", he said, "you just have to take a stand for what's right."

So what was the answer? Can lawyers change the world? ... Perhaps! In the end, we agreed that lawyers have a vital role to play, but that we are most effective when we work with other people.

At PILCH, we see the power of collaboration in all of our work, whether it be partnering with law firms in referral and clinic work, or with social justice and community organisations in our advocacy. Recently, we have begun to refine our law reform and advocacy work. We are more carefully analysing our referral and case work to identify areas where we think we can have an impact beyond changing individual laws or policies. Instead, we want to identify underlying systemic injustices and reformulate laws, policies and practices so that they no longer create or perpetuate disadvantage. Most importantly, we want to give our clients a voice and empower them to be agents in the process of bringing about change in their lives. We will continue to think about what other skills we need, and what new ways of thinking we need to learn. We'll keep asking ourselves - "can lawyers change the world?"

If you're interested in hearing more about the Law and Social Change Dialogue, or participate in PILCH's ongoing discussion about law and social change, visit our webpage www.pilch.org.au/change. Audio and video of the event will soon be available there, and we've also put some articles and other information on the site to prompt your thinking. We'll soon be hosting some discussion groups, so let us know if you would like to be involved.

^{- Fiona McLeay, PILCH Executive Director}

Public Interest Law Opportunities and Obstacles, 2010 Conference of the Civil Justice Research Group
On 27 and 28 September 2010, PILCH and the Civil Justice Research Group at Melbourne Law School cohosted a public interest law conference, which combined papers and discussions on the theory and practice of public interest law. The conference featured a diverse number of speakers from various backgrounds on a variety of public interest topics, including: lobbying government on public interest issues; climate and environment litigation; the future of pro bono in public interest law; standing in public interest matters, and; SLAPP writs. Selected conference papers, abstracts and bios are available here.

Do We Measure Up? Protecting Women's Rights in Australia
In September, Victorian Women Lawyers and PILCH jointly hosted the 2010 Lesbia Harford Oration entitled Do We Measure Up? Protecting Women's Rights in Australia. The Oration featured a stellar line-up of Dr Cassandra Goldie (ACOSS), Prof Andrew Byrnes (UNSW), Michelle Deshong (CEDAW NGO delegate) and Jill McCabe (Office of Women's Policy), who debated whether or not Australia is meeting its obligations to ensure women's rights and advance gender equality.

Expert Group Meetings on Using the Optional Protocol to CEDAW
In September, PILCH (together with the Human Rights Law Resource Centre and Women's Legal Service NSW) hosted expert group meetings in Melbourne and Sydney on using the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women to address violations of women's rights in Australia. Participants examined a broad range of issues, including gender-based violence against Aboriginal women, strip searching of women in prisons, and access to reproductive health services and information in rural and regional areas. The meetings were a follow-up to an earlier PILCH seminar series on women's rights.

Property and Accommodation Issues Affecting Older People
On 6 September the Seniors Rights Legal Clinic held a training session on Elder Abuse - Property and Accommodation Issues Affecting Older People presented by Richard Wilson of counsel and hosted by Herbert Geer. The clinic is seeing an increasing number of clients who have handed over money or transferred land to an adult child on the understanding that they will live with the child and receive care for their lifetime. The relationship then breaks down and the older person is left trying to establish an interest in the property which is in the child's name. The session updated lawyers about the current state of the law and will assist them in the delivery of high quality pro bono advice.

Litigation Guardians and Administrators
On 14 October 2024 the Seniors Rights and Homeless Persons' Legal Clinics held a joint training session on Litigation Guardians and Administrators following the recent Court of Appeal decision of State Trustees Ltd v Christodoulou & Ors, hosted by Russell Kennedy. The session was presented by Heath Paynter from Russell Kennedy. Attendees heard that following the Court of Appeal decision, it is necessary for a person under a disability who is a party to proceedings in the Supreme Court to have a litigation guardian in order to prosecute or defend a claim, notwithstanding the fact that an administrator may have been appointed to manage the financial and legal affairs of that person.

PILCH has launched its law reform priorities for the 2010 Victorian Election in the PILCH 2010 Election Priorities 2010 document. The document summarises the law reform calls that PILCH makes on all parties in the lead up to the 2010 Victorian election. They are drawn from the experiences of the more than 3000 individuals and community organisations that PILCH has worked with in the last year.

The It Takes a Home... state election campaign unites the homelessness, housing and family violence sectors with social justice organisations across Victoria in calling for practical actions to deliver on the promise to halve homelessness by 2020. It Takes a Home... aims to secure commitments for ending homelessness from all candidates and political parties in the Victorian state election on Saturday 27 November, and beyond. It Takes a Home... hopes to build bipartisan political support for tackling homelessness, led by 13 leading family violence, homelessness and social justice organisations including the PILCH Homeless Persons' Legal Clinic. 

Homeless Persons' Legal Clinic senior lawyer Chris Povey has been shortlisted for the 2010 LIV President's Award - Community Lawyer. Details. 

Homeless Persons' Legal Clinic manager James Farrell has been appointed a White Ribbon Day ambassador. Details. 

Homeless Persons' Legal Clinic is now on Twitter! Follow us here.

^{In the past two months, PILCH has written or contributed to the following media and publications:}

Lawyers - You Can't Give Them Away, Law Institute Journal, October 2010
The national legal profession reform project needs changes to prevent some lawyers remaining unnecessarily barreed from doing pro bono work.  By Gregor Husper, Director of Referral Services.

Victoria's 10 year homelessness strategy - a better place ... for how many? Media release
The PILCH Homeless Persons' Legal Clinic welcomes Premier John Brumby's launch of the Victorian Government's 10 year plan to reduce homelessness - A Better Place: Victorian Homelessness 2020 Strategy.

The Human Rights Based Response to Homelessness: Developments since the Release of the White Paper 23(7), Parity 14
Homeless Persons' Legal Clinic manager James Farrell discusses important developments relating to homelessness and human rights since the release of the White Paper on Homelessness.

The Human Rights Based Response to Homelessness: Developments since the Release of the White Paper Conference Paper, 6th National Homelessness Conference, 2 September 2010, Brisbane
Homeless Persons' Legal Clinic manager James Farrell discusses important developments relating to homelessness and human rights since the release of the White Paper on Homelessness.

Mixed Messages: Anti-Social Behaviour and Public Housing 23(7) Parity 36
Homeless Persons' Legal Clinic senior lawyer Chris Povey discusses the links between homelessness, disadvantage and public housing, and concludes that more must be done to support public housing tenants who are at significant risk of tenancy failure and, by extension, homelessness.

Mixed Messages: Anti-Social Behaviour and Public Housing Conference Paper, 6th National Homelessness Conference, 3 September 2010, Brisbane
Homeless Persons' Legal Clinic senior lawyer Chris Povey discusses the links between homelessness, disadvantage and public housing, and concludes that more must be done to support public housing tenants who are at significant risk of tenancy failure and, by extension, homelessness.

Draft VCAT Practice Note - Fair Hearing Obligation: the PILCH Homeless Persons' Legal Clinic and the Human Rights Law Resource Centre made a joint submission to the President of the Victorian Civil and Administrative Tribunal on the important role that the Tribunal plays in protecting the right to a fair hearing and facilitating access to justice in Victoria. Read online.

Response to the Universal Periodic Review Draft National Report: the PILCH Homeless Persons' Legal Clinic expressed concerns that the Universal Periodic Review Draft National Report prepared by the Commonwealth Attorney-General's Department focuses on the measures the Australian Government has taken, or is taking, to the exclusion of acknowledging the human rights challenges Australia continues to experience.

Welcome to new Minister for Homelessness: the PILCH Homeless Persons' Legal Clinic welcomed new Commonwealth Minister for Homelessness, Senator Mark Arbib, to his new role and called for practical measures to address homelessness. Letters were also sent to many new and returning parliamentarians.

Wayout - discrimination on the basis of sexual orientation
In a recent VCAT decision, not-for-profit organisation Wayout was awarded $5000 compensation under the Equal Opportunity Act 1995 (Vic) (EO Act) for discrimination on the basis of sexual orientation.

In 2007, Wayout, a Victorian youth suicide prevention project for same-sex attracted youth in rural areas, contacted Christian Youth Camp's Phillip Island Adventure Resort (PIAR) to book accommodation and facilities for a weekend workshop about fighting homophobia. The resort, which is operated by Christian Youth Camps Limited, refused to take the booking allegedly because of the sexual orientation of the proposed attendees.

PILCH referred Cobaw Community Health Services (Cobaw), the not-for-profit organisation which manages WayOut, to PILCH member firm Mallesons Stephens Jaques (Mallesons) for legal assistance.

Mallesons assisted Cobaw to make a complaint to the Anti-Discrimination List in the Victorian Civil and Administrative Tribunal. In its complaint, Cobaw alleged that PIAR had discriminated against the attendees in the provision of services and in refusing to provide accommodation, in violation of the EO Act. Cobaw alleged that the discrimination was based on the same-sex sexual orientation of the attendees, or their personal association with persons of that orientation. PIAR denied excluding WayOut on the grounds of sexual orientation. In the event that the Tribunal made a finding of discrimination, PIAR argued that the discrimination was lawful, insofar as certain conduct based on religious doctrines or beliefs is excluded from the requirements of the EO Act.

Judge Hampel held that PIAR's decision not to accept a booking from WayOut was based on the same-sex sexual orientation of the attendees, or the personal association of the proposed attendees with same-sex attracted individuals. Her Honour further held that PIAR was not exempt from liability under the EO Act because of the ‘significant secular component of the services offered' by the resort. PIAR advertising made no reference to their religion, nor did PIAR require religious content as a condition to the use of their camping facilities. Judge Hampel went on to say that, even if she had found that PIAR was a body established for religious purposes, she would not have been satisfied that the refusal to accept WayOut's booking ‘was necessary to avoid injury to the religious sensitivities of adherents of the Christian Brethren religion'.

Judge Hampel ordered the respondents to pay Cobaw $5000 compensation for the discriminatory treatment.

Granparent's visitation rights
Neil* is aged in his late sixties. In mid October 2009, he attended the SRLC seeking assistance to locate his eight year old grandson and spend time with him. Neil explained that although he and his wife had previously spent significant time with their grandson, they had not seen him for a period of over one year and that the grandson's mother had relocated the grandson to an unknown location.

The matter was referred to a panel law firm with a family law practice in early 2010. The firm located the grandson and his mother through a series of searches and letters to relatives. After locating the grandson, the firm negotiated an arrangement whereby Neil and his wife now see their grandson once every four weeks. The first period of time occurred in mid 2010. Neil, his wife and grandson enjoy time together immensely and are hopeful that this time will increase further in the future. Neil is extremely grateful to the Seniors Rights Legal Clinic, PILCH and the panel law firm for their on-going assistance.

Intervention Order
After a dispute with his neighbour, Pablo* was subjected to an intervention order (IVO), without being represented at either of the two hearings at the Magistrates' Court when the matter was heard.

Pablo suffers from an acquired brain injury, one consequence of which is that he often gets confused, and tends to agree to things without fully understanding them. Because of that issue, the client consented to the terms of the IVO, despite the terms being unworkable. As a result, Pablo was unable to walk his severely disabled partner up and down the driveway along the common property he shares with his neighbour, without breaching the IVO.

HPLC volunteer lawyers assisted Pablo to apply for a variation of the IVO, explaining how impractical the order was, with the result that the Magistrate reduced the imposition of a 5-metre no contact IVO to a 1 metre IVO, recognising that each party needs to be able to use their common property.

Now Pablo and his partner can live in their home without fear that the Police may be called every time they access the common property outside their door.

^{* Name has been changed}