Sinopsis
Current legal issues presented by the Federation of Community Legal Centres, giving an alternative view of proposed legislation changes.
Episodios
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Revisiting the CLC sector's workplace agreement
17/11/2020Many working in Community Legal Centres are still subject to workplace agreements which expired in 2009. Without change soon, already-low wages in the sector may stagnate, employees will continue to experience insecure work, and many passionate CLC lawyers may be hampered in pursuing systemic advocacy. Dylan Goldsworthy, Youth Lawyer from the Northern Community Legal Centre, joined us to discuss calls to revisit the CLC sector's workplace agreement.
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Victoria's laws around the identification of victim/survivors of sexual assault
03/11/2020Warning: this episode discusses the court process following reports of sexual violence or homicide as well as recent, well publicised sexually violent crimes which some listeners may find distressing.Nationally, many states have made changes to their laws to make sure victim/survivors of sexual assault can tell their stories, in their own words without court processes. However, proposed changes to the laws in Victoria have garnered criticism from victim/survivor advocates and groups, who consider these changes are regressive and put the power back in the hands of the accused. On the other hand, the Victims of Crime Commission thinks the government has got the balance right between a victim/survivor's right to privacy and their ability to self-identify. So what exactly is going on? Why have these laws become so divisive? We speak to Melbourne barrister Greg Bucchorn, who explains this complex legal landscape.
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Are COVID-19 fines being fairly reviewed?
06/10/2020Su Robertson and Daniel Bavcevic interview Tiffany Overall (Advocacy and Human Rights Officer, Youthlaw) and Lloyd Murphy (Lawyer, Inner Melbourne Community Legal) about the community impact of COVID-19 fines and the worrying trend of internal reviews not being fairly considered by Victoria Police."It is troubling because the bottom line is, as community lawyers, we're not going to be giving advice to our clients to go through that process if we don't think there's any merit to their review." - Tiffany Overall (Youthlaw)In this episode we listen to reports of community legal service clients having internal reviews for COVID-19 infringements rejected. We hear about young people, people experiencing homelessness, suffering from mental illnesses or other vulnerable people who have had internal reviews rejected without detailed explanation of the reasons by Police.There are limited options after an unsuccessful internal review, it may lead to an Enforcement Review by the Government authority F
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The legacies of Ruth Bader Ginsburg and Susan Ryan
29/09/2020Su and Greg spoke with Tanja Kovac, CEO of Gender Equity Victoria, about the recent passing of Ruth Baden Ginsburg and Susan Ryan who were both iconic feminist trailblazers, their legacies in championing for sex anti-discrimination laws - in the courtroom and in parliament - and the new Victorian Gender Equality Act.
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Who owns Indigenous stories?
22/09/2020In this episode of Done by Law, Ingrid and Marissa talk about Indigenous stories, and who owns them. They are joined by Tony Briggs, a Yorta Yorta/Wurundjeri (Woiwurrung) theatre & film practitioner, who is the creator and writer of feature film ‘The Sapphires’, which premiered at the Cannes Film Festival in 2012. ‘The Sapphires’ is Tony’s family’s story, and in this episode, he shares his experience of telling his story on screen and stage. Tony speaks passionately about the importance of Indigenous stories being told by the owners of those stories, not only as a matter of authentic story-telling, but also as a matter of human rights. As Tony says, regardless of the questions that are raised around the law, ‘Aboriginal people own Aboriginal stories’.Marissa and Ingrid are also joined by Robyn Ayres, Chief Executive Officer of the Arts Law Centre of Australia. Arts Law founded Artists in the Black under Robyn’s leadership, a service of Arts Law that is dedicated to providing legal ass
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The Failures of Police as First Responders for Mental Health Callouts
15/09/2020In this episode Sam Elkin interviews Gregor Husper from the Police Accountability Project about the disturbing incident of brutality during an arrest in Victoria this week.
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Prioritising lived experience at the Mental Health Royal Commission
01/09/2020Consumer leadership and engagement will be crucial to successfully build a better and fairer mental health system in Victoria. Victoria Legal Aid recently completed a project, 'Your Story, Your Say', which allowed 34 people with lived experience to share their experience with the Mental Health Royal Commission. We spoke with the project's coordinator, Simon Katterl, about the important expert evidence the project was able to deliver. You can read more about the final report and recommendations here: https://www.legalaid.vic.gov.au/about-us/news/your-story-your-say-experiences-of-mental-health-system
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Legal information during COVID-19
25/08/2020This evening we discussed where to find reliable legal information responding to COVID-19. This is especially important at the moment, when face to face community legal education delivery is not available or only available in a limited way, things are changing so fast and people are often unsure where to look and are relying on untrustworthy sources. We will also look at some resources specifically for young people.We were lucky to be joined by:Amala Ramarathinam, Senior Lawyer with YouthlawMark Tregonning, Community Legal Education Coordinator with Victoria Legal AidKirsten Young, Community Engagement Officer with Peninsula Community Legal CentreSummary of resources discussed:Legal information relating to COVID-19 across a number of areas of law Youthlaw's website for young people: http://youthlaw.asn.au/home/legal-issues-during-covid-19/Victoria Legal Aid's website: https://www.legalaid.vic.gov.au/find-legal-answers/covid-19-coronavirusJustice Connect's page dedicated to COVID-19 related
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Lawyers for Peace
18/08/2020In this episode we interview Sam Drummond about the new human rights organisation Lawyers for Peace.
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State Border Closures - Are They Constitutional?
04/08/2020Victoria is now in a declared "State of Disaster" with category 4 lockdown and some States have closed their borders to Victorians, as well as to their own residents who have been living elsewhere. In this episode we speak to Constitutional Law expert, Professor Kim Rubenstein from the University of Canberra about how the Australian Constitution is being used by Clive Palmer to challenge the WA border closures, and discuss what the High Court will consider when determining whether the closures are lawful.This is a critical legal issue which will have far reaching implications for many Australians currently living interstate. We interview, Amber, a Western Australian with family in Perth, who recently moved to Melbourne for study and now finds themself unable to return to WA despite facing homelessness in Melbourne.**Update (05/08/2020) - Our guest Amber was granted an exemption by the WA State Government to enter Western Australia after our interview regarding their circumstnaces.Show Note
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Class Action Against Police Strip Searches
07/07/2020Class Action Against NSW Police for Strip SearchesLaw firm Slater and Gordon and Redfern Community Legal Centre are leading a class action against NSW Police for strip searches conducted in the State. Our very own host, Gemma Leigh-Dodds is a Senior Associate at Slater and Gordon that is working on the action.Find out more about the class action here: https://www.slatergordon.com.au/class-actions/current-class-actions/nsw-strip-search-class-action For information about the Victoria Public Housing COVID-19 Lockdownshttps://flemkenlegal.org/latest-news/2020/7/5/legal-info-and-help-for-public-housing-residents-in-lock-downFor legal assistance of any kind call 1800 113 432. 8am - 6pm Monday to Friday. For urgent after-hours legal advice call 0434 136 501 (until Friday 10th July)
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Restorative Justice and Aboriginal-led Decision Making
09/06/2020In a week dominated by stories of the Black Lives Matter protests in the US and closer to home protests against Aboriginal deaths in custody and the overincarceration of our First Nations people, we look at promising Aboriginal-led decision-making processes that are helping protect culture and keep Aboriginal people safer through the justice system in Victoria. We're talking restorative justice, and we're also talking about a beautiful possum cloak that's keeping culture real and present in the children's court. We hear from Jarrod Hughes, a Taungurung man and Senior Advisor from the Research and Advocacy team at the Centre for Innovative Justice about their Open Circle Restorative Justice program. Website: https://cij.org.au/opencircle/ We also speak with Ashley Morris manager of Koori Services and Programs at the Children's Court of Victoria in Broadmeadows and hear about their Marram-Ngala Ganbu Program an innovative response to the over-representation of
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Save Southport Community Legal Service
02/06/2020In this Reconciliation Week episode:Southport Community Legal ServiceThe City of Port Phillip proposes to discontinue the funding of the Southport Community Legal Service to save $65,000 in its 2020/21 budget. The Southport Community Legal Service established in 1988 has and continues to rely on Council funding to provide the Southport community with essential and much needed legal services. In this episode we are joined by Brian Burton, Community Lawyer at Southport CLS, to discuss the important work that the service provides and why funding for community legal services like Southport is essential.To find out more head to the Southport CLS website: https://www.southportcls.com.au/ Reconciliation Weekhttps://www.reconciliation.org.au/ To find out more about the Macquarie Atlas of Indigenous Australia head to this ANU link:https://cass.anu.edu.au/news/new-indigenous-atlas-launches-anu
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COVIDSafe app & digital rights
26/05/2020This evening we are joined by Samantha Floreani, Campaigns Officer at Digital Rights Watch to discuss the Australian government’s COVIDSafe contact tracing app, released on 26 April. One month in and with just one instance of the app being used, there is need to reflect on the privacy concerns and human rights implications raised by the app’s operation. We will also be discussing more rights-focussed decentralised design alternatives. For more information, head to Digital Rights Watch's website: https://digitalrightswatch.org.au/2020/04/24/covid-19-trace-app/
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Embedding Indigenous Cultural Competency in Australian Law Degrees and the High Court decision about compensation for disappointed tourists
05/05/2020Australian Law Degree embedded with Indigenous Cultural CompetencyIn this episode our discussion is about a unique Australian law degree. Future lawyers studying at Charles Sturt University finish with more that your run-of-the mill law qualification. They are not only able to become legal practitioners but have also been trained in Indigenous Cultural Competency, the only Australian law school to do this. We speak with two of this course’s architects, Prof. Alison Gerard and Annette Gainsford, about what this means for the future of legal education in Australia.Charles Sturt University Centre for Law and Justice information is available here: https://bjbs.csu.edu.au/centres/law-and-justice/homeHigh Court judgement about compensation for disappointed touristsPlus we look briefly at a recent High Court decision involving a cruise company, Scenic Tours. When a dream European river cruise turns into mainly a bus tour because of weather, what kind of compensation is available? We speak with Dr Lauren Meath (
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Policing & protests during COVID-19
21/04/2020How is Victoria Police enforcing the COVID-19 restrictions so far? We talk about the police response to a recent car convoy protest organised by Refugee Action Collective on Good Friday in Preston, as well as other concerns reported to covidpolicing.org.auMelbourne Activist Legal Support (MALS) volunteers Jen Keene-McCann & Stephanie Blake plus Liberty Victoria spokesperson, barrister Michael Stanton join Done By Law to discuss.Read more:https://melbourneactivistlegalsupport.org/2020/04/04/statement-of-concern-unique-protest-squashed-by-police-due-to-covid-restrictions/https://melbourneactivistlegalsupport.org/2020/04/13/statement-of-concern-good-friday-protest-suppressed-by-police-under-covid-restrictions/https://libertyvictoria.org.au/content/media-release-%E2%80%93-refugee-protest-arrest-and-finesConcerned? Consider signing on to Refugee Action Collective's statement:https://rac-vic.org/2020/04/18/support-grows-for-rac-covid-convoy-protesters/
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Pandemic's potential for social change + Children's Court operation during COVID
14/04/2020Ria discusses government policies and the pandemic's potential for social change with Flat Out's Amanda George, Then Bonnie talks about how COVID has affected the operation of the Children's Court with Beth George, Senior Lawyer at Women's Legal Service.Also, check out these resources:https://covidpolicing.org.au/https://covid19prisonwatch.net.au/
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High Court and Cardinal Pell's criminal appeal
07/04/2020Today, Cardinal George Pell heard the outcome of his application for special leave to the High Court against his conviction and sentence for child sex offences. In lieu of the announcement, we have revisited the submissions and arguments made to the High Court by both Pell’s team and the DPP, to try and make sense of the legal issues.A content warning tonight’s episode discusses sexual abuse.For support you may contact:Lifeline 13 11 141800 RESPECTHigh Court Judgment link: http://eresources.hcourt.gov.au/showCase/2020/HCA/12High Court Case Documents: https://www.hcourt.gov.au/cases/case_m112-2019
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Prison and remand policy & civil rights during COVID-19 pandemic
31/03/2020Overcrowded jails risk the lives of prisoners (as well as the broader community) in a pandemic. In this episode of Done By Law, we amplify the call for humane decarceration in the light of the COVID-19 health emergency. We also talk with civil rights organisation Liberty Victoria about other areas of concern at this time, in terms of human rights. With host Marissa and guests Felix Ralph, criminal lawyer (partner at C Marshall & Associates) and barrister Julia Kretzenbacher (speaking on behalf of Liberty Victoria). Sign the petition to Victorian State Premier Daniel Andrews seeking urgent changes to law & order policy during the pandemic: https://www.change.org/p/daniel-andrews-release-vulnerable-victorian-prisoners-stop-remanding-for-minor-offences-due-to-covid-19