Done By Law

Jimi & Liz are joined by Jo Parkin & Shifrah Blustein of the Infringements Working Group to give us the lay of the legal land for those finding themselves in a sticky situation when it comes to fines and infringements.  A community legal centre or financial counsellor may be able to help you with your fines, especially if you have multiple fines and you have an experience of family violence, homelessness, mental health issues or disability, or drug and alcohol misuse.Find your local community legal centre: https://www.fclc.org.au/find_a_community_legal_centreFind your local financial counsellor: 1800 007 007 Information about the fines system that may help you self-manage your fine is available here:Law HandbookJustice Connect Homeless Law

Co-hosts Jimi & Lizzie are joined by Jess de Vries, Director of Legal Services at Women's Legal Service Victoria, to discuss a number of the incredible efforts undertaken by the WLSV team across the State. Whether discussing family law, criminal law, VOCAT, child protection or social work, Jess provides some fascinating insights into what her team are doing to support some of Victoria's most vulnerable communities.

Lauren Levin of Financial Counselling Australia joins Jimi & Britt to discuss the hidden epidemic of gambling harm in Australia.

Listeners please be advised that in this episode we discuss topics including family and domestic violence, sexual assault, and mental ill health. In this episode we hear about Health Justice Partnership from CEO of Health Justice Australia, Tessa Boyd-Caine. This important justice movement creates opportunities for lawyers and health care and other providers to assist their clients and communities with overlapping justice needs. Health Justice Australia was formed in 2016 and work to support the Health Justice Partnership movement across Australia.To learn more visit: https://healthjustice.org.au/

Amy Schneider from Economic Justice Australia joins hosts Britt & Jimi in their discussion of the recent Robodebt report.

This special week is NAIDOC week, a week in which we celebrate the history, culture and achievements of First Nations people. This episode, we are very lucky to have Mrs. Bettina Cooper on our show who we pay respect to.Mrs. Bettina Cooper is a proud Aboriginal woman from the Boandik people of First Nations of South East Australia near what we now call Mount Gambier in South Australia and for many thousands and thousands of years Bettina’s ancestors lived on that country.Bettina is an experienced Aboriginal Financial Counsellor and currently works as Mob Strong Financial Counsellor and Strategy Lead at the Financial Rights Legal Centre, NSW and the Campaign Coordinator for the Save Sorry Business Coalition . In both roles, Bettina advocates for people who are disadvantaged as a result of language, literacy skills, geographical isolation, low income, disability, trauma or related factors. She is passionate about supporting her community.Recently Save Sorry Business Coalition won the Consumers’ Federation of Australia’s Showcase advocacy award for their campaigning on action to support First Nations consumers impacted by the collapse of funeral insurer Youpla.  We congratulate Bettina and the Save Sorry Business Coalition on the recent and very well-deserved award.

Housing has become an increasingly desperate situation for so many in the community, and renters are often the most vulnerable and at risk of poverty and homelessness. The current private tenancy rates are sitting well below 1% in many parts of the state, and suitable accommodation stock is often worse for those with little to spend or who need access to critical services. On top of that, many renters have been slugged with massive increases on their rent, making keeping a roof over their head very hard, and with nowhere available to go.  Done By Law recently spoke to RAHU (Renters and Housing Union), but  given the immense amount of pressure many in our community are feeling about their housing stability, we’re focusing on the legal rights of renters and cases currently being taken to VCAT or other Courts to consider these issues. To help us understand, we’re joined tonight by Amy Frew. Amy is the Director of Client Services at Tenants Victoria, a specialist CLC that serves renters statewide. Tenants Victoria’s vision is for a safe, secure and affordable home for Victorian renters in a fair housing system. For more information visit: https://tenantsvic.org.au/contact-us/

It’s National Reconciliation Week, and we’re all talking about the Voice to Parliament for First Nations Australians.There’s a lot of myths swirling around about this proposed change to our Federal Constitution. So, this episode of Done by Law is about myth-busting that chatter.Tom Warne-Smith, senior lawyer at West Heidelberg Community Legal joins us to help sort out and explain a few of those misconceptions, from the law perspective.

In this episode of Done by Law, Ingrid and Beth look at the ANZAC legend and its 21st Century legacy – a century during which Australia has continued to participate in foreign conflicts (with allegations of serious war crimes committed against civilians by Australian troops in Afghanistan) and where it might be said that violations of the laws of war appear to have occurred without sufficient scrutiny or, as yet, redress in domestic or international systems.  We’re joined by Dr Carolyn Holbrook, a Senior Lecturer in the Contemporary Histories Research Group at Deakin University, and the Director of Australian Policy and History. Her latest book, Lessons from History: Leading Historians Tackle Australia's Greatest Challenges was published in July 2022. She is writing a history of Australians' attitudes towards their federal system of government, and co-authoring with Professor James Walter a history of policy-making in Australia. Carolyn is the author of the award winning book, Anzac: The Unauthorised Biography, about the history of how Australians have remembered the First World War, and co- edited The Great War: Aftermath and Commemoration (2019). We then speak with Professor Felicity Gerry KC, an international King’s Counsel at Libertas Chambers, London and Crockett Chambers, Melbourne, largely defending in serious and complex criminal trials and appeals, often with an international element. Felicity is admitted to the list of counsel for the International Criminal Court and the Kosovo Specialist Chambers in The Hague and in England & Wales and in Australia and has had ad hoc admission in Hong Kong and Gibraltar. Felicity is an Honorary Professor at Salford University in the School of Health and Society where her research focus is on Autism and criminal law, FGM law and Child Rights. She is also Professor of Legal Practice at Deakin University where she is unit chair for Contemporary International Legal Challenges.  Postcript - at the time this show aired, 25 April 2023, no allegations of war crimes associated with Australia's special forces in Afghanistan have been proven. Image: Unassailable Heroes (Pioneer) Man with Whip and Sacred Cows, and the Band played Waltzing MatildaArtist: John CITIZEN (aka) Gordon BennettAboriginal/IndigenousDate: 1996Medium/Material: synthetic polymer, pencil and watercolour on paperState Art Collection, Art Gallery of Western Australia© The Estate of Gordon Bennett

Lizzy, Jimmy and Britt talk to Sarah Sacher, Law Reform Officer at Economic Justice Australia about some of the big issues in social security law currently, including changes to the couples assessment, the AAT, and ongoing issues with Robodebt. Listeners are advised that this episode discusses family violence and Centrelink.If you are requiring assistance with Social Security debts/Centrelink debts you can contact Social Security Rights Victoria on phone: 03 9481 0355 or National Debt Helpline on 1800 007 007.If you are experiencing family violence you should contact Safe Steps on 1800 015 188 24 hours a day/7 days a week.  If you are in immediate danger, please contact 000.

Dylan and Indy speak with Eirene Tsolidis Noyce about renter's rights, the 'rental crisis', and RAHU.Learn more about RAHU here: https://rahu.org.au/

This week on Done by Law our very special guest is a true access to justice hero - Gerard Brody. After 10 years as CEO of Consumer Action law Centre, Gerard is stepping away from his role. Listen in as Gerard looks back over his incredible achievements during this time. He covers the rewards, the challenges, unfinished business and advice for future consumer law advocates.

·       Beth and Ingrid look at the issue of de-banking and the impact on people working in the sex industry and in adjacent professions such as stripping. We look at the draft guidance from AUSTRAC on financial services for customers that financial institutions assess to be higher risk. We look in particular at the ways that that guidance supports sex workers and the ways it falls short, particularly in terms of the requirement to remind financial institutions about obligations under state and federal anti-discrimination laws. To speak on this issue, we’re lucky to be joined by Matthew Roberts, a sex worker and the Policy Officer at Sex Work Law Reform Victoria. Sex Work Law Reform Victoria is an independent non-partisan volunteer group led by sex workers, lobbying for the full decriminalisation of consensual adult sex work in Victoria. We have spoken with Matthew before on Done by Law about the Sex Work Decriminalisation Bill and we’re excited for him to return as a guest to shine a light on financial discrimination against sex workers, and the work of Sex Work Law Reform Victoria in this space.

This week on Done by Law we chat about Specialist Family Violence Courts. Why are they needed? What do they look like? Why aren't these in place already?Listen in to Belinda Lo from Eastern Community Legal Centre, and Rachel Pliner from the Federation of Community Legal Centres talk about this crucial part of the justice system.

In this episode, we explore the issue of the cultural competency of legal practitioners appearing in matters involving First Nations clients - and in discussing the rights of First Nations people coming before the courts. We talk about what cultural competency is, how it impacts First Nations clients and how lawyers can improve cultural safety for First Nations clients involved in legal issues or requiring advice. We are joined by Avelina Tarrago, a barrister based in North Quarter Lane Chambers, Brisbane. Avelina is a proud Wangkamadla woman from Central-West Queensland, and was admitted to the profession in 2009 and called to the bar in 2017. She has a general practice with focus on inquest and Commissions of Inquiry, regulatory and administrative law. Prior to joining North Quarter Lane Chambers, Avelina worked as a Senior Legal Officer for the Office of the Health Ombudsman and Counsel Assisting in the Coroners Court of Queensland. In 2014 she was selected as an Indigenous Fellow by the Office of the High Commissioner of Human Rights to undertake a two month fellowship in Geneva. From 2018 to 2022 Avelina was the President of the Indigenous Lawyers Association of Queensland.  She is also a member of a number of different legal policy committees relating to Aboriginal people and Torres Strait Islanders. In February 2020, Avelina was appointed as a part-time Legal Member of the Mental Health Review Tribunal.

In this episode of Done By Law we feature audio from the wonderful seminar ‘Women’s Lived Experience in Decarceration and Carceral Resistance’, held on Monday 24 October 2022 at the Wheeler Centre in Melbourne.This evening of discussion, reflections and solutions was hosted by Fitzroy Legal Service and featured the insightful contributions of a number of expert panellists, including practitioners, and women with lived experience of incarceration and the criminal justice system. Panel 1 – Systemic changes required to address women’s over-incarcerationElena Campbell (Moderator) – Centre for Innovative JusticeKaren Fletcher – Flat OutLisa Abbott – TaskForceElena Pappas – LACWMegan Pearce – VLAPanel 2 – Women’s Lived ExperienceNina (Moderator) – Homes Not Prisons, Women Transforming JusticeJacqui Bampton – Women Transforming JusticeSara – Homes Not Prisons, Women Transforming JusticeJasmine Barzani – Homes Not PrisonsWe have unfortunately only been able to feature 30 minutes of this jam packed two and a half hour evening. To watch the whole event, head to YouTube via this link: https://www.youtube.com/watch?v=TB_TlMR3tTo&ab_channel=FitzroyLegalService  ***Full biographies Panel 1: Elena Pappas LACWElena is the co-founder and Chief Executive Officer of the Law and Advocacy Centre for Women, and community legal centre established specifically to combat women's increasing criminalisation and imprisonment. She also sits on the Board as an Executive Director.  Elena is a passionate advocate and leader who is dedicated to working collaboratively with organisation and individuals to address the causes of women’s criminalisation.  She currently leads LACW’s policy and systemic advocacy work, and is Co-Convenor of Smart Justice for Women, a sub-committee of the broader Smart Justice coalition convened by the Federation of Community Legal Centres.  Elena previously worked at the Victorian Aboriginal Legal Service where she held the position of Senior Lawyer in the Criminal Law team. She advised and appeared on behalf of clients in complex criminal matters and shared responsibility for the mentoring and management of junior and support staff. Prior to this, Elena was an Associate in the Workplace Relations team of a private law firm in Melbourne. She holds a Master of Public and International Law from the University of Melbourne. She has worked as a volunteer with the Mental Health Legal Centre, Asylum Seeker Resource Centre and Fitzroy Legal Service.Lisa AbbottTaskforceLisa Abbott is the Executive Manager Social Impact and Growth at TaskForce Community Agency, a not-for profit operating in Victoria delivering a suite of services to our most marginalised. Lisa has worked with those in contact with the justice system for 20 years in Government and community and over the last five years has been leading the development and delivery of the Living Free Project, a project supporting vulnerable girls and women who are at risk of, or are in early contact with, the justice system. The project drives cross sectoral collaboration and seeks to improve service system responses to enhance how our health and community sectors support women who often fall through service gaps.Karen FletcherFlat OutKaren Fletcher is the Executive Officer of Flat Out Inc, a community organisation that supports and advocates for women and trans and gender diverse people to get out and stay out of prison. She is a lawyer by trade has worked as a prison advocacy lawyer at Fitzroy Legal Service and Prisoners Legal Service QLD and as a public health lawyer, with a special interest in drug decriminalisation, in government and non-government agencies. She is an activist in the Homes not Prisons campaign in Victoria.Megan PearceVLAMegan has spent much of her career working alongside criminalised people, particularly women and children. Having started her career as a criminal defence lawyer at Legal Aid Queensland, Megan has also led major law reform inquiries into Victoria’s criminal trial process and child protection system.Between 2018 and 2022, Megan worked at Darebin Community Legal Centre (which merged with Fitzroy Legal Service in 2019), first managing the Women Transforming Justice project and then Fitzroy Legal Service’s Social Action and Public Interest Law team. In both these roles Megan contributed to program design and advocacy work aimed at disrupting the cycle of women’s criminalisation. In July 2022 Megan commenced a role at Victoria Legal Aid focusing on discrimination and equality law.In 2013-14, Megan also completed a master of laws at the University of Toronto, where her thesis critiqued the effectiveness of human rights frameworks to respond to violence against womenElena CampbellCIJAssociate Director of Research, Advocacy & Policy, Centre for Innovative Justice, RMIT University. Elena is a lawyer, writer and former political staffer who has worked in legal and social policy for over two decades. Elena's expertise includes therapeutic justice, court interventions, the impacts of crime victimisation and the prevention and elimination of violence against women and children.  At the CIJ, Elena oversees a program of research which predominantly focuses on family violence, court interventions, crime victimisation and the way in which experiences of trauma - including structural and systemic trauma - can push vulnerable cohorts, particularly women, into contact with the criminal justice system. Elena has led projects for Government departments and courts to support the implementation of recommendations from Victoria’s Royal Commission into Family Violence. Elena has also been Principal Chief Investigator in multiple, ANROWS-funded projects looking at the use of violence by young people and adults.  Previously Elena worked as a legal adviser and staffer in the Victorian Government for over a decade. Elena has also been employed as a consultant for a range of social policy and justice organisations, including the Australian Human Rights Commission.  Panel 2: Nina StoreyHNP and WTJNina is an unapologetic criminalized survivor. Having experienced state sanctioned violence she now spends her time advocating for the rights of criminalized survivors. Nina would love to see the abolishment of the prison industrial complex in her lifetime.  Her systemic advocacy commenced in 2018 as a member of the Women’s Transforming Justice Project. Nina now sits on the council of Victim Survivors Advisory Council, is a member of the Expert Advisory Panel at Safe and Equal, a WEAVER for research group at Melbourne University and sits on the steering committee of the Homes Not Prisons Campaign. Nina stands in solidarity with the traditional owners of these lands and acknowledges they have the solutions to living in a world of unity, we must make space and elevate their voices for their stories to be told and shared.      Nina lives works and plays in Millowl, Phillip island on the lands of the Bunurong people of the Kulin nations, with her son and Kelpie.   Jacqui BamptonWTJ Jacqui is a formally incarcerated woman who has worked with Fitzroy Legal Service as part of the Women’s Leadership Group. She lives with anxiety and mental health concerns, and has previously struggled with substance dependency and homelessness. Jacqui is deeply passionate about working alongside other criminalised people, with a particular interest in supporting women to navigate child protection. Jacqui is a warm advocate, loyal friend and proud single mum.   Sara-Michelle StilianosSara is an active member of several community groups and organisations aimed at ending incarceration – including as a Homes Not Prisons steering committee member and – previously – as part of Fitzroy Legal Service’s Women Transforming Justice project. Sara has lived experienced of criminalisation and incarceration. She’s driven toward social change and is a fierce advocate for abolishing the carceral system and it’s supporting structures, which only serve to perpetuate further harm and violence by exerting power and control over people’s lives. Alongside studying a Bachelor Degree in Social Science, Sara stands in solidarity with all oppressed women and continues to fight for the rights of women and children.

In this show, we are looking at the phenomenon of using foreign judges in Pacific states in light of the constitutional crisis currently faced by the Pacific state of Kiribati, which has sprung from the suspension of a number of foreign judges in recent weeks by the Kiribati government. We will be looking at the Kiribati crisis and international responses to it, and will delve more broadly into the practice of using foreign – or non-citizen – judges and whether and how the nationality of the judges on a domestic court matters.We are joined by an expert in this field, Dr Anna Dziedzic. Anna is a Postdoctoral Fellow in the Laureate Program in Comparative Constitutional Law at Melbourne Law School. She researches comparative constitutional law and judicial studies, with a particular focus on the Pacific region.Anna holds a PhD from Melbourne Law School, an MA in Human Rights from University College London and a Bachelor of Arts and Law from the Australian National University. She is the author of ‘Foreign Judges in the Pacific’ and co-editor of The Cambridge Handbook of Foreign Judges on Domestic Courts, a global comparative study of foreign judging.

Dylan and Jeremie interview Dr Rachael Burgin, lecturer in criminal justice and criminology at Swinburne Law School and the CEO of Rape and Sexual Assault Research and Advocacy (RASARA), and Shaun Ginsbourg, experienced trial and appellate criminal barrister who appears for both the defence and prosecution, and is a member of the Criminal Bar Association. Guests discuss new affirmative consent laws which requires accused persons to demonstrate consent was given under the Crimes Act 1958 (Vic) for sexual assault.