DLSS Volunteer Handbook 2018

DEAKIN LAW STUDENTS’ SOCIETY

Volunteer Handbook 2018

Prepared by: Social Justice and Equity Portfolio - Deakin Law Students’ Society 2018 Edited By: Vivi Teshuva, Rachel Curtis and Rebekah de Keijzer

Contents

Director of Social Justice and Equity’s Welcome

2

President’s Welcome

4

Community Legal Centres

7

Specialist Community Legal Centres Guide

9

Generalist Community Legal Centres Guide

45

Volunteer Reflections

71

Opinion Pieces

89

Featured Piece

113

MLL351- Legal Internship

127

Director of Social Justice and Equity’s Welcome Dear Reader It is my absolute pleasure to present you with the inaugural DLSS Volunteer Handbook! I hope that this guide will help you discover the amazing volunteer opportunities open to you, and maybe even inspire you to one day pursue a career in social justice or public interest law.

I am proud to be the first Director of Social Justice & Equity for the DLSS and am excited by the prospect that now, social justice minded Deakin law students have more opportunities to explore the kind of careers they might want.

For those of you who are interested in the opportunities outlined in this Guide, I highly recommend reading the section of the handbook dedicated to student volunteer reflections. Their perspectives will give you insight into their unique volunteering experience and will likely help you to work out which Community Legal Centre (CLC) is best suited for you to apply to. In addition we have a fantastic section of the handbook filled with thoughtprovoking opinion pieces written by current law students on a range of contentious and interesting matters.

On a more personal note, over the course of my degree I have found that textbooks tend to teach us that practicing law is about applying rules to set of facts. Volunteering at several CLCs has taught me something very different. Law reform and social justice work in tandem. The law is malleable and must continue to evolve and we as future lawyers are in the position to be at the forefront of that change.

We have had the privilege of studying at university. Being law students gives us the potential for having great influence in political and professional spheres. It is therefore incumbent on us as future change agents to use our degrees, skills-sets and influence wisely.

Recently, it was pointed out in one of my lectures that as law students we’re taught to be dispassionate, almost robotic when analysing cases.

However, as my lecturer contended the best lawyers are the ones who are compassionate. Volunteering in a legal context will show you the importance 2

of understanding the perspectives of disadvantaged people and appreciating the gravity of what is at stake for many of them.

I hope this handbook inspires you to peruse new and meaningful volunteer opportunities and to continue exercising compassion in your future career path. I’d like all the students who contributed pieces to this handbook and especially my wonderful Social Justice and Equity Officers, Rebekah de Keijzer and Rachel Curtis who worked tirelessly in helping put this handbook together.

Best of luck to you all, on whichever direction you take.

Vivi Teshuva Director of Social Justice & Equity

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President’s Welcome

Welcome to the first publication of the Deakin Law Students’ Society’s inaugural and much anticipated Volunteer Handbook.

The addition of the Social Justice & Equity portfolio to the DLSS is a momentous step forward in better serving our students and wider community.

We created this portfolio to raise awareness of contemporary social justice issues within our student body and be a platform for students to engage with social justice in the legal profession. We aspire to fulfil this purpose by hosting a range of events featuring prominent speakers and advocates for social justice and equality, facilitate meaningful discussion between students, and create publications (such as this handbook) that promote various volunteer opportunities and essential information on social justice developments to students.

Throughout our time as law students, it can become incredibly difficult to appreciate the paramount objective of our legal system, to deliver justice.

Despite the pressure of seemingly endless readings, assessments and careers events, as law students we are well-equipped to support disadvantaged members of our community by reaching out and applying our legal skills and knowledge outside of the classroom.

Volunteering is also great way of gaining real-world experience in the legal profession and provides an opportunity to reflect upon your values and motivations for undertaking a law degree, by experiencing an area of the legal landscape where fairness and the protection of individual rights take precedence over commercial disputes and maximising profit.

This guide seeks not only to explore the multitude of organisations that are incredibly reliant upon volunteer assistance in order to effectively service their community, but to provide an opportunity to learn about the experiences fellow Deakin law students who have dedicated their time to assist these incredible organisations.

Whether at a Community Legal Centre or any not-for-profit organisation, I hope that this handbook encourages you to consider dedicating a portion of your time to a cause that you care about and give back to people in need of 4

your assistance.

A special thanks all of the students who have contributed their articles and reflections to this handbook Patrick Keane DLSS President

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Community Legal Centres

7

What are Community Legal Centres?

Community Legal Centres (CLCs) are not-for-profit organisations that provide legal services to the local community. In Victoria, there are 58 CLCs. CLC types • General service providers; these are CLCs that practice all areas of law.

• Specialised service providers; these are CLCs that focus on a particular area of law.

Staff & Volunteers CLCs will have paid staff such as the principal lawyer and other administrative officers. A large portion of the CLC staff are actually volunteers. There are volunteer paralegals and volunteer lawyers. Volunteers are crucial to the success of CLCs. They allow CLCs to assist as many clients as possible.

Reasons to get involved • It is your chance to give back to your local community and help those in need.

• This is your chance to deal with a wide array of different legal issues from different areas of law (should you volunteer at general CLCs) or deal with different legal issues within the same area of practice (specialised CLCs). It is also your chance to gain confidence to deal with clients.

• Often the volunteer lawyers (client’s permitting) will allow you sit in on the advice sessions. You may see first-hand how lawyers are able to deliver advice as well as deal with any tricky questions posed by the client.

How to get involved • Apply to your local CLC and enquire about any potential vacancies.

• Utilise MLL351; the legal internship unit available at Deakin University.

8

Specialist Community Legal Centre Guide 9

Aboriginal Family Violence Prevention and Legal Centre (Djirra)

11

Association Of Employees with a disability (Aed) Legal Centre

12

Animal Law Institute

13

Asylum Seeker Resource Centre (Asrc)

14

Consumer Action Law Centre

15

Disability Discrimination Legal Service

17

Environmental Justice Australia

18

First Step Legal Service

20

Human Rights Law Centre

21

Jobwatch 22 Justice Connect

24

Law and Advocacy Centre For Women

26

Liberty Victoria

27

Melbourne University Student Union Legal Service

28

Mental Health Legal Centre

29

Prison Legal Eduction and Assistance Project (Plea)

31

Refugee Legal

32

Senior Rights Victoria

34

Social Security Rights Victoria

35

Victorian Aboriginal Legal Service (Vals)

36

Victorian Gay and Lesbian Rights Lobby

38

Villamanta Disability Rights Legal Service Inc.

40

Women’s Legal Service Victoria

41

Young Workers Centre

42

Youth Law

43

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Aboriginal Family Violence Prevention and Legal Centre (Djirra) Contact details Address (Head Office): 292 Hoddle Street, Abbotsford Vic 3067 Phone: (03) 9244 3333 Email: hr@djirra.org.au Website: www.fvpls.org Description of organisation The Aboriginal Family Violence Victoria (FVPLS) provides legal advice, counselling, information, referral and support to Aboriginal victims/survivors or people at immediate risk of family violence and sexual assault as well as to parents/carers of Aboriginal children.

Since starting in 2002 where they were established as the Aboriginal Family Violence Prevention & Legal Service (FVPLS Victoria), they have grown, expanded services, and evolved as an organisation, and now are Djirra.

Volunteer opportunities Djirra’s volunteer program is for people who have experience in, or who are studying: law, community development, policy, Aboriginal studies or other relevant disciplines.

What are you looking for in an applicant?

Djirra seeks volunteers with strong analytical and conceptual ability, and excellent research and communication skills. Aboriginal and Torres Strait Islander people are strongly encouraged to apply.

How and when can potential applicants apply?

We usually offer two rounds per year for expressions of interest in volunteering. To find our more information or express interest, please send your CV with a covering letter to hr@djirra.org.au

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Association of Employees with a Disability (AED) Legal Centre Contact details Address: Suite 4, Level 9, 276 Flinders Street, Melbourne VIC 3000 Phone: (03) 9639 4333 Email: noni.lord@aed.org.au Contact person: Noni Lord Website: http://www.aed.org.au Description of organisation AED works in partnership with service users, other disability and community agencies, trade unions, employers and government to: • Protect the human, civil and legal rights of people with disability; • Empower employees with a disability who experience workplace discrimination or disadvantage; • Promote the inclusion and participation of people with a disability in employment, education and training; • Empowering students and their families in addressing barriers to education; and • Increase community awareness and promote better community attitudes towards people with a disability.

Volunteer opportunities Volunteer opportunities are available upon request. This is dependent upon on work space availability. We participate in a several internship programs with universities for law students.

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Animal Law Institute

Contact details Address: Lonsdale St, Melbourne VIC 3000 Email: info@ali.org.au Website: http://www.ali.org.au Description of organisation The Animal Law Institute is a national non-profit community legal centre that is dedicated to protecting animals and advocating for their interests through the Australian legal system.

They also provide pro bono legal advice and assistance to individuals and organisations that promote animal protection and the prevention of animal cruelty.

Volunteer opportunities We are an entirely volunteer run organisation that focuses on strategic litigation in the animal protection sphere. We do not have any paid opportunities available.

Most volunteer opportunities for law students would be administrative opportunities and event management. These will be listed on our website under the ‘Join Us’ tab. We have rare paralegal opportunities available and when we do, we will advertise for these. We are a close knit group of dedicated volunteers and all of our volunteer roles require regular commitment on an on going basis - generally the commitment is 2 to 3 hours a week (variable) over at least 12 months.

How and when can potential applicants apply?

We do not have regular volunteer opportunities for law students. All volunteer vacancies are advertised via our website under the ‘Join Us’ tab. We are only recruiting for the positions that we advertise for. We ask that students do not contact us via email, enquiring about general volunteer opportunities, and to instead regularly check our website.

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Asylum Seeker Resource Centre (ASRC) Contact details Address:214-218 Nicholson Street, Footscray VIC 3011 Phone: (03) 9326 6066 Email: volunteer@asrc.org.au Website: www.asrc.org.au Description of organisation As an independent, community-led organisation the ASRC is in a unique position to advocate for the human rights of people seeking asylum, exempt from the pressures of government or the private sector. For this reason, the ASRC has been able to take a leading position in the opposition of Australia’s asylum seeker policy, while offering alternatives to issues faced by people seeking asylum and refugees.

Today, we are the largest independent human rights organisation for refugees and people seeking asylum, delivering more services on the ground than any other independent asylum seeker organisation in the country. Our work on the frontline with people seeking asylum informs our practice and enables is to effectively advocate for, and alongside people with lived experience.

Volunteer opportunities What are you looking for in an applicant?

Volunteers should be committed to the principles of working in a Community Legal Centre and assisting asylum seekers in Australia. They will preferably have experience and/or knowledge of human rights law and migration/ refugee law.

How can potential applicants apply?

To get involved, you can email the Volunteer Programs email address: volunteer@asrc.org.au. Can also apply through the website under the Get Involved tab ASRC also host regular information sessions where people from different legal programs at ASRC speak about what they do and how to get involved.

These info sessions happen every few months and are announced on their website and facebook page.

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Consumer Action Law Centre

Contact details Address: 6/179 Queen St, Melbourne VIC 3000 Phone: (03) 9670 5088 Email: volunteerapplications@consumeraction.org.au Website: https://consumeraction.org.au Description of organisation The Consumer Action Law Centre is a campaign-focused consumer advocacy organisation. Based in Melbourne, Australia, it was formed in 2006 by the merger of the Consumer Law Centre Victoria and the Consumer Credit Legal Service. Consumer Action is primarily funded by the Victorian Government, through Victoria Legal Aid and Consumer Affairs Victoria, and the Commonwealth of Australia, through the Department of Social Services and the Attorney-General’s Department.

As a community legal centre, Consumer Action provides free legal advice and pursues litigation on behalf of vulnerable and disadvantaged consumers across Victoria, and is the largest specialist consumer legal practice in Australia. As well as working with consumers directly, Consumer Action provides legal assistance and professional training to community workers who advocate on behalf of consumers.

Volunteer opportunities We currently offer PLT placements. Due to capacity constraints, we are unable to offer a general volunteering program at this time. Practical Legal Training (PLT) placements will undertake tasks for both the legal and policy practices within Consumer Action.

You will have the opportunity to participate in: • legal and policy research; • drafting legal correspondence and court documents; • assisting in client interviews; • filing and file summaries; and • administrative work.

What are you looking for in an applicant?

Applications will be assessed on a demonstrated interest in, and commitment to, consumer law and social justice.

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How can potential applicants apply?

Potential applicants can apply by filling out the expression of interest form on our website.

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Disability Discrimination Legal Service

Contact details Address: 2nd Floor, 247 Flinders Lane, Melbourne 3000 Phone: (03)9654 8644 Email: info@ddls.org.au Website: http://ddlsaustralia.org Description of organisation The Disability Discrimination Legal Service Inc (DDLS) is a statewide independent community legal centre that specialises in disability discrimination legal matters. We provide free legal services in several areas including information, referral, advice, casework assistance, community legal education, and policy and law reform.

The DDLS works actively towards the eradication of disability discrimination and facilitates and promotes justice for people with disabilities through community legal education sessions to professional and community groups to raise disability awareness and provide information on the Disability Discrimination Act 1992 (Cth) and the Equal Opportunity Act 2010 (Vic).

Volunteer opportunities Volunteers provide an important and valued contribution to the work of the Service. Volunteers are involved in most of the Services activities.

The DDLS requires a minimum time commitment from volunteers to ensure the service uses its resources effectively. We require a commitment 1 day a week over 6 months (9am-5pm) with a maximum of two days per week.

How can potential applicants apply?

Complete a volunteer application form located on our website: www.ddls. org.au. email: admin@ddls.org.au and forward it with your CV/Resume and a covering letter.

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Environmental Justice Australia

Contact details Address: Level 3, the 60L Green Building, 60 Leicester Street, Carlton Phone: (03) 8341 3100 Email: admin@envirojustice.org.au Website: www.envirojustice.org.au Description of organisation Environmental Justice Australia is the environment’s legal team. We use our technical expertise and practical understanding of the legal system to protect nature and defend the rights of communities to a healthy environment.

We are a not-for-profit legal practice.

We are lawyers and legal advisers to environment and community groups, providing strategic and legal advice to support campaigns for positive social change.

We are donor-funded, supporter-driven, independent of government and reliant on the backing of the community.

Volunteer opportunities Law student volunteers answer the phones, undertake legal research, assist on casework and projects and carry out administrative tasks. We run two volunteer programs for law students: 1) Day Volunteer Program (March-November) 2) Internship Program (November-February; June-July) Day Volunteer Program The Day Volunteer Placement Program begins in March. Volunteers work one full day per week for a minimum of one semester. Rosters are organised each semester, finalising at the end of February and late July. If a casual vacancy arises during semester, applications on file will be reviewed.

What are you looking for in an applicant?

Law students with an interest in environmental issues and environmental law. Usually second-year minimum, unless you have strongly relevant undergraduate studies.

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How and when can potential applicants apply?

You can submit your application at any time then update us with your availability once timetables are out. Please make sure that you do remember to advise us. Exact cutoff dates will be advertised on this website.

To apply for the day program, complete the form on our website and send it to the address on the form together with your CV and academic transcript.

Internship Program Volunteers work full-time for 2 consecutive weeks over the summer (between November and February) or over the winter break between semesters (June/ July).

Intern work might include assisting staff with casework, law reform and policy projects, and researching and updating publications.

What are you looking for in an applicant?

Law students with an interest in environmental issues and environmental law. Later-year law students and those pursuing additional study in a related field such as science or environmental policy are strongly encouraged to apply. While we give preference to students who have studied administrative law, it is not essential for those with strong environment credentials or experience.

How and when can potential applicants apply?

Applications are accepted at any time for consideration in the next program.

Applications usually close in May and September; exact due dates will be advertised on this website.

To apply for the internship program, complete the form on our website and send it to the address on the form together with your CV and academic transcript.

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First Step Legal Service

Contact details Address: 42 Carlisle St, St Kilda VIC 3182 Phone: (03) 9537 3177 Email: Kirsten@firststep.org.au Contact Person: Kirsten Matthews Website: www.firststep.org.au/first_step_legal Description of organisation The objective of First Step Legal is to provide an on-site, fully funded legal service to clients in order to ensure that legal issues do not derail rehabilitation efforts.

The First Step Legal model is more than a co-location of services. It involves an integrated and coordinated approach to supporting people dealing with mental health and addiction issues. Integrating legal services into a healthcare setting not only provides a direct referral pathway between health professionals and legal practitioners but also contributes to better legal and health outcomes for our clients.

First Step Legal strives to ensure that clients are well informed about the legal process throughout the proceedings, to enable them to make informed decisions. Treating professionals are advised of the status of the proceedings at each stage of the process, to ensure that the client receives adequate support throughout the stressful period Volunteer opportunities We are different to regular CLCs because we are co-located with medical clinicians, mental health professionals, GPs, social workers, and psychologists. We have a health-justice partnership. We sometimes have volunteer opportunities.

How and when can potential applicants apply?

Generally we will put an ad out and/or contact the universities. Students sign up to volunteer for min 1 year. We are open Mondays to Thursdays.

Otherwise email the info email address

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Human Rights Law Centre

Contact details Address: Level 17, 461 Bourke St Melbourne, VIC 3000 Phone: (03) 8636 4450 Email: admin@hrlc.org.au Website: www.hrlc.org.au Description of organisation The Human Rights Law Centre protects and promotes human rights in Australia and in Australian activities overseas. We do this using an integrated strategic combination of legal action, advocacy, research and capacity building.

We work in coalition with key partners, including community organisations, law firms and barristers, academics and experts, and international and domestic human rights organisations.

Volunteer opportunities We are only able to take on a very limited number of volunteers due to capacity and office space issues. We want to make sure that our volunteers are properly supervised and have interesting, challenging work.

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JobWatch

Contact details Address: 10/21 Victoria Street, Melbourne 3000 Phone: (03) 9662 1933 Email: jobwatch@jobwatch.org.au Contact person: Melissa Favasuli Website: www.jobwatch.org.au Description of organisation An employment rights legal centre which operates out of Victoria and provides assistance to Victorian, Queensland and Tasmanian workers about their rights at work.

Some of our functions include: • A free and confidential telephone information and referral service for Victorian, Queensland and Tasmanian workers.

• Community legal education, including training, seminars and the production of a variety of publications on employment law and workers’ rights.

• Representation and assistance for disadvantaged workers through a legal casework practice.

• Campaign and law reform activity with a view to promoting workplace justice and equity for all workers.

JobWatch is an independent, not-for-profit Employment Rights Community Legal Centre funded by the Victorian and Federal Governments, Office of the Fair Work Ombudsman and Victoria Legal Aid. Volunteer opportunities Internships JobWatch hosts students completing pro bono internships and placements.

Internships generally involve speaking to callers on the JobWatch Telephone Information Service about the situations they are experiencing at work.

At the commencement of the placement students attend extensive training about employment, anti-discrimination and equal opportunity law. Students are also trained in the use of the JobWatch database and telephone system.

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How can potential applicants apply?

If you would like more information regarding interning at JobWatch, please speak to the Careers Coordinator at your University.

Volunteering Legal Practice Volunteers engage in casework and assist the lawyers with legal research, drafting documents and submissions and sitting in on client interviews and conferences.

What are you looking for in an applicant?

Priority is generally given to those who have demonstrable experience or an interest in employment, anti-discrimination and equal opportunity law.

How and when can potential applicants apply?

If you are interested in volunteering at JobWatch, either on the Telephone Information Service or with the Legal Practice, please email your CV and a cover letter to jobwatch@jobwatch.org.au.

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Justice Connect

Contact details Address: Level 17, 461 Bourke Street, Melbourne 3000 Phone: (03) 8636 4400 Email: admin@justiceconnect.org.au Contact Person: Aimee Tutaki Website: www.justiceconnect.org.au Description of organisation At Justice Connect, we believe that everybody deserves a fair chance at a better life. This means a world that is just and fair; where systems are accessible by everyone and accountable to everyone, where people’s rights are respected and advanced, and laws are applied fairly to all.We know that many of life’s problems often have legal solutions. By connecting people with free legal help, we open up the legal system for those locked out of it, and show the way for those lost in it.

Volunteer opportunities Volunteering at Justice Connect offers participants an insight into the way we coordinate pro bono legal assistance and the manner in which community legal centres, our member law firms, barristers, universities, and corporate legal department members cooperate to promote the public interest and facilitate access to justice for people experiencing disadvantage and the organisations that support them.

Legal Receptionist Volunteers Legal receptionist volunteers work one day per week or every alternate week from 9am-5.00pm, providing essential administrative support to Justice Connect and the Human Rights Law Centre office (who are co-located with us).

What are you looking for in an applicant?

This position would suit an experienced administrator/paralegal/legal secretary with a keen interest in access to justice and helping those in the community who are disadvantaged and marginalised.

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How and when can potential applicants apply?

Applications should be addressed to Aimee Tutaki and should comprise of a single Word or PDF document including your resume and a statement outlining your suitability for the role. Applications should be emailed to admin@justiceconnect.org.au with ‘Legal Receptionist volunteer’ in the subject line.

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Law and advocacy Centre for Women

Contact details Address: 106-108 Victoria Street, Carlton VIC 3053 Phone: (03) 9448 8930 Email: info@lacw.org.au Website: https://lacw.com.au Description of organisation The Law and Advocacy Centre for Women (LACW) is a new kind of legal practice specifically for women who are in or at risk of entering the criminal justice system. LACW is committed to providing excellence in legal advice and representation. We provide a comprehensive, wrap-around service which includes preventative case management and engagement with therapeutic services.

We provide specialised representation for women in greater Melbourne in areas of criminal law, infringements and victims of crime assistance tribunal applications. We also provide in-house case management, to ensure the reasons for offending are addressed, and the risk of reoffending minimised.

This assistance and early intervention addresses issues that frequently predicate poverty and criminal offending, such as financial stress, alcohol/ drug issues, mental health and homelessness. LACW provides these services free of charge to the majority of clients.

Volunteer opportunities If would like to volunteer with LACW, email the centre your interest, They will send an volunteer expression of interest form which you may fill out and send with a current curriculum vitae.

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Liberty Victoria

Contact details Address: GPO Box 3161 Melbourne, Victoria Australia 3001 Phone: (03) 9670 6422 Email: info@libertyvictoria.org.au Website: https://libertyvictoria.org.au Description of organisation Liberty Victoria is one of Australia’s leading civil liberties organisations working to defend and extend human rights and freedoms in Victoria since 1936.

Liberty Victoria aims to: • Help foster a society based on the democratic participation of all its members and the principles of justice, openness, the right to dissent and respect for diversity.

• Secure the equal rights of everyone and oppose any abuse or excessive power by the state against its people.

• Influence public debate and government policy on a range of human rights issues. We have policy statements on issues such as access to justice, a charter of rights, freedom of speech and privacy.

• Prepare submissions to government, support court cases defending infringements of civil liberties, issue media releases and hold events.

Volunteer opportunities Volunteer positions arise from time to time - to assist with research for submissions and policy documents. We keep a register of volunteers to call on when required.

Liberty Victoria is currently in the process of trialling a young lawyers program where small teams of lawyers (a senior Liberty Lawyer, a junior Liberty lawyer, a law graduate and a law student) to work on particular issues. These students and graduates will initially be sourced from our current volunteer pool. If successful, the program may be extended in future.

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Melbourne University Student Union Legal Service Contact details Address: 3rd Floor, Union House, University of Melbourne, 3010 Phone: (03) 8344 6546 Email: n.di-battista@union.unimelb.edu.au Contact Person: Nadia Di Battista Website: https://umsu.unimelb.edu.au Description of organisation The UMSU Legal Service is a specialist community legal centre that provides free and confidential legal advice to all currently enrolled students of the University of Melbourne.

The UMSU Legal Service provides assistance on various legal matters, including: • Infringements / fines • Minor criminal law • Stalking / family violence • Discrimination • Sexual harassment • Tenancy • Motor vehicle accidents • Powers of attorney • Consumer law • Employment law including bullying

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Mental Health Legal Centre

Contact details Address: PO Box 12365, A’Beckett Street, Melbourne Vic 80061 Phone: (03) 9629 4422 Email: mhlc@mhlc.org.au Contact person: James Kyrios Website: www.communitylaw.org.au/mentalhealth Description of organisation The Mental Health Legal Centre (MHLC) provides a free and confidential legal service to anyone who has experienced mental illness in Victoria where their legal problem relates to their mental illness.

All centre activities aim to promote the rights of people who experience mental illness. The Centre is a non-profit organisation run by an independent Board of Governance.

The Mental Health Legal Centre is part of a network of Community Legal Centres located throughout Victoria and Australia. Community Legal Centres provide a three-tiered approach to the law, through casework, community legal education and law reform/policy.

Volunteer opportunities The Mental Health Legal Centre has two volunteer opportunities.

The first is during regular business hours as an administration assistant. This is a half day weekly commitment minimum. Students will undertake legal research, write letters, deliver files etc. Â The second volunteer opportunity is for our Night Service telephone advice line. The advice line operates every Tuesday and Thursday evening between 6:30PM and 8:30PM. This requires a fortnightly commitment on either the Tuesday or the Thursday service. Students are responsible for conducting the initial client interview over the phone, and will be involved in discussing the advice with volunteer lawyers. They will not be tasked with the delivery of legal advice.

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How and when can potential applicants apply?

Applications should be sent in via email and should specify whether they wish to volunteer for the day or night service. Applicants should attach a copy of their CV. We do not have specific recruitment times – positions are filled as they open up.

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Prison Legal Eduction and Assistance Project (PLEA) Contact details Phone: (03) 9905 4336 Email: plea.trainingrecruitment@gmail.com Contact person: Kirsten Matthews Website: http://pleaproject.org.au Description of organisation The PLEA Project delivers legal education in prisons to assist inmates to proactively handle their legal cases.

Our aim is to provide inmates with the knowledge and skills needed to gain control in an environment where they may feel powerless.

We recognise the structural, psychological and cultural barriers that can prevent access to and participation in the justice system. We seek to overcome these barriers by empowerment through practical legal education.

Volunteer opportunities Volunteers present legal education programs to prisoners in justice centres across Melbourne. Our aim is to provide inmates with the knowledge and skills needed to gain control in an environment where they may feel powerless. Volunteers have the opportunity to develop their legal knowledge and present high quality information in a challenging, high pressure environment. Volunteer positions complement legal studies, offer a range of opportunities for leadership and are highly rewarding.

PLEA is currently recruiting senior and junior volunteer presenters for positions at prisons and justice centres across Melbourne and Geelong. What are you looking for in an applicant?

Applicants must be studying law and available to present three-four sessions per month and attend training and ongoing development for a minimum of a year. Applications are screened based on availability, program need and the quality of responses to the knowledge and behavioural questions, we recommend allowing appropriate time to construct your answers.

How and when can potential applicants apply?

Our recruitment process happens 2-3 times per year depending on how many we need, and applications are online on our website www.pleaproject.org.au.

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Refugee Legal

Contact details Address: Level 6, 20 Otter St, Collingwood, VIC 3066 Phone: (03) 9413 0101 Email: volunteering@refugeelegal.org.au Website: https://refugeelegal.org.au Description of organisation We are Australia’s largest provider of free specialist legal assistance to people seeking asylum, refugees and disadvantaged migrants. We advise, assist, educate and advocate. Their greatest need is for legal permission to stay in safety in Australia, and to reunite with family. That’s what we focus on. Our distinctive approach combines legal assistance that is both direct and strategic.

Refugee Legal provides substantial legal advice and casework service for asylum seekers, refugees and disadvantaged migrants in the community and in immigration detention in Victoria and across Australia. Last year we assisted over 12,300 people. All of Refugee Legal advice and casework and strategic litigation services are free.

Volunteer opportunities Refugee Legal’s Research and Administrative volunteers (RA volunteers) come from a variety of disciplines and backgrounds. RA volunteers provide assistance to Refugee Legal staff and Migration Agent volunteers.

What are you looking for in an applicant?

• A strong interest in social justice and human rights, particularly refugee and asylum seeker rights; • Solid research and analytical skills; • An ability to write clearly and express complex ideas succinctly ; • Capacity to pay close attention to detail while working in a fast-paced environment and juggling multiple tasks; • An ability to follow instructions and complete tasks to deadlines; • A basic understanding of administration and administrative processes including word processing, organisational skills, basic computer skills, a good phone manner and familiarity with data collection;

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• •

A sensitivity to clients from a variety of backgrounds and a willingness to communicate openly with them and welcome them to Refugee Legal; A flexible attitude and willingness to take on new tasks when requested

How and when can potential applicants apply?

Intakes of volunteers occur every two months or so, depending on gaps in our rosters. Please see the website for further application details.

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Senior Rights Victoria

Contact details Address: Level 4, 533 Little Lonsdale Street, Melbourne, 3000.

Phone: 1300 368 821 Email: info@seniorsrights.org.au Website: www.seniorsrights.org.au Description of organisation Seniors Rights Victoria provides information, support, advice and education to help prevent elder abuse and safeguard the rights, dignity and independence of older people.

Our services include a Helpline (1300 368 821), specialist legal services and advocacy for individuals and education. Seniors Rights Victoria also provides leadership on policy and law reform and works with organisations and groups to raise awareness of elder abuse.

Volunteer opportunities We don’t have a specific time of the year we recruit, just send an email. It will depend if there’s availability but we always keep resumes on file.

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Social Security Rights Victoria

Contact details Address: PO Box 1221 Fitzroy North Vic 3068 Phone: (03) 9481 0355 Email: www.ssrv.org.au Website: www.ssrv.org.au Description of organisation Social Security Rights Victoria Inc is an independent community legal centre which specialises in social security (Centrelink) issues.

Social Security Rights Victoria Inc. (SSRV) believes that all individuals are entitled to an adequate income. We aim to be a critical voice on behalf of people receiving social security payments. SSRV works for change to the system as part of the National Social Security Rights Network (NSSRN) (www.nssrn.org.au) (previously the National Welfare Rights Network).

We believe it is essential that the community and especially people on social security have independent legal services and support. In order to receive maximum entitlements, be aware of their right and advocate effectively for themselves and others.

Volunteer opportunities What are you looking for in an applicant?

Prior work or volunteer experience at Community Legal Centres, Other community or not-for-profit organisation work/volunteer work – demonstrated commitment to social justice issues. Students who have completed Administrative Law are also viewed favourably.

How can potential applicants apply?

Contact Peter Horbury for further application information.

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Victorian Aboriginal Legal Service (VALS)

Contact details Address: 273 High Street Preston VIC 3072 Phone: (03) 9418 5999 Email: vals@vals.org.au Website: www.vals.org.au Description of organisation VALS maintains a strong client service focus which is achieved through the role of Client Service Officers (CSOs) who act as a bridge between the legal system and the Aboriginal and Torres Strait Islander community. VALS is actively involved in community education, research and advocacy around law reform and policy development. VALS strives to: • Promote social justice for Aboriginal and Torres Strait Islander peoples; • Promote the right of Aboriginal and Torres Strait Islander peoples to empowerment, identity and culture; • Ensure that Aboriginal and Torres Strait Islander peoples enjoy their rights, are aware of their responsibilities under the law and have access to appropriate advice, assistance and representation; • Reduce the disproportionate involvement of Aboriginal and Torres Strait Islander peoples in the criminal justice system; and • Promote the review of legislation and other practices which discriminate against Aboriginal and Torres Strait Islanders.

Volunteer opportunities There is one general volunteer program. Once someone is in the volunteer pool they could be shadowing a solicitor or be in the community justice programs or higher administration for example- the opportunities available varies with the different requirements of the tasks.

What are you looking for in an applicant?

Any university students- not law specific- from any year level are welcome to apply. Volunteer experience is required and the individual should be willing to work in social work/ law. The legal service is also looking for individuals with an interest in Aboriginal affairs and human rights.

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How can potential applicants apply?

Before intake commences there is a volunteer page put up on their website which is where you can download the application. People are welcome to send their resume to the email (vals@vals.org.au) outside of the dates for application.

Dates for application: One mid-year intake in June/July and one start of year intake with applications opening in November.

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Victorian Gay and Lesbian Rights Lobby

Contact details Address: PO Box 21305, Little Lonsdale Street, Victoria 8011 Phone: (+61) 0417 484 4389 Email: info@vglrl.org.au Contact Person: Seah Mulcahy Website: www.vglrl.org.au Description of organisation The Victorian Gay and Lesbian Rights Lobby works towards equality, social justice and human rights for members of the LGBTIQ community. The VGLRL achieves its goals through representation, advocacy and working with the media.

We are not aligned with any political party. We are a community based lobby group. We work with, and for the community, along with non profit, health and representatives of government agencies to create positive change in the area of human rights and policy development.

Unfortunately, we are unable to provide legal or financial advice as we do not have the resources to assist with individual matters.

Volunteer opportunities We are always on the look-out for members who are willing to spare some of their time to help, whether by getting directly involved in the frontline organisation of our campaigns or the equally important task of managing the day-to-day operations of the Lobby.

Volunteers are encouraged to join one or more of the Lobby’s working groups, depending on their skills and interest. Volunteers may choose to offer a small amount of their time to the Lobby on a weekly basis or to work for short intensive periods when they are most needed.

What are you looking for in an applicant?

Understanding of LGBTI issues, basic legal knowledge and legal research skills. Enthusiasm. Volunteers will be required to write submissions, adhere to deadlines and engage in legal research.

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How can potential applicants apply?

Just send an email to info@vglrl.org.au. Outline: Experience, what interests them about volunteering etc.

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Villamanta Disability Rights Legal Service Inc.

Contact details Address: Building ib, Level 4, Deakin University Geelong.

Waurn Ponds Campus, 75 Pigdons Rd, Waurn Ponds, VIC, 3216 Phone: (03) 5227 3338 Email: deidre.griffiths@villamanta.org.au or sue.wolter@villamanta.org.au Contact Person: Deidre Griffiths and Sue Wolter Website: http://villamanta.org.au Description of organisation Villamanta is a Community Legal Service operating throughout the state of Victoria on disability related legal and justice issues for people who have a disability. Our focus is on intellectual disability.

Villamanta’s mission is to protect and advance the rights of Victorians who have a disability, by advising, informing and representing them and acting as an advocate on disability related legal and justice issues.

Volunteer opportunities • Lawyers who provide advice to clients • Paralegals who conduct the intake of clients and assist lawyers • Law students who carry out research and support the casework undertaken by Villamanta • Volunteers who provide assistance with general office/admin. work What are you looking for in an applicant?

Volunteers with Human Rights perspective How can potential applicants apply?

Write to Villamanta Disability Rights Legal Service Inc.

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Women’s Legal Service Victoria

Contact details Address: Level 10, 277 William street, Melbourne Vic 3000 Phone: (03) 8622 0600 Email: Caitlin@womenslegal.org.au Contact Person: Caitlin Watson Website: www.womenslegal.org.au Description of organisation Women’s Legal Service Victoria is a not for profit organisation which has been providing free legal services to women since 1982. We work with and for women experiencing particular disadvantage to address legal issues arising from relationship breakdown or violence.

We provide legal advice and representation to women experiencing disadvantage.

We advocate for law and policy that respects and promotes the rights of women.

We build the capacity of other professionals and the community to identify and respond appropriately to legal need.

Volunteer opportunities While the organisation does not have a formal graduate clerkship program, PLT is organised through providers.

What are you looking for in an applicant?

Be a law student and at least 2nd year.

How can potential applicants apply?

The organisation takes up to one graduate a year.

How does one apply: Through the website, linked in, or an advertisement.

Dates for application: The dates for application are all year round.

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Young Workers Centre

Contact details Address: 54 Victoria Street, Victorian Trades Hall Council, Carlton South 3053 Phone: 1800 714 754 Email: advice@vthc.org.au Website: www.youngworkers.org.au Description of organisation The Young Workers Centre is a one-stop-shop for young workers who want to learn more about their rights at work or who need assistance in resolving workplace issues. Our team of lawyers, organisers, educators and researchers seek to empower young people working in Victoria with the knowledge and skills needed to end workplace exploitation and insecurity.

The Young Workers Centre produces resources aimed as assisting young people to understand their rights at work, such as fact sheets, as well as running training days and social events for young people who want to get more involved in the fight for safe and secure jobs. The Centre also provides personalised advice for young people who have come across issues at work such as unfair dismissal, bullying and harassment.

Volunteer opportunities Are you a law student with a passion for social justice issues? Put your legal skills into practice and gain first-hand experience of real world employee advocacy by joining us as a Young Workers Advocate. You’ll get to assist young workers access advice, support and representation to resolve workplace issues.

You’ll be supported by our experienced solicitor. You’ll receive training and mentoring. You’ll gain insight into the work of trade unions and the world of employment law through networking opportunities with Unions and employment law firms.

We’re committed to genuine work experience and career development, so placements will need to comply with your Law School’s placement program.

Talk to your Law School’s placement coordinator or contact us for information.

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Youth Law

Contact details Address: Front yard, 19 King Street, Melbourne, 3000 Phone: (03) 9611 2412 Email: info@youthlaw.asn.au Website: www.youthlaw.asn.au Description of organisation Youthlaw is Victoria’s state-wide free community legal centre for young people under 25 years of age.

Youthlaw works to address the legal issues facing young people through legal services, advocacy, law reform and preventative education programs, within a human rights and social justice framework.

We have a drop in clinic at Frontyard and a number of innovative outreach services including a Skype legal service to young people in regional and rural Victoria.

Volunteer opportunities We run a comprehensive volunteer program and take new volunteers on annually What are you looking for in an applicant?

• Currently enrolled in or have completed a tertiary degree or post grad course (law degree not essential) ; • In 2nd year or above (ie. have completed the first year of your degree or LLB/JD); and • Available to volunteer on a weekly basis (either half day or full day) for a minimum of 12 months.

• Strong verbal and written communication skills; • Ability to take direction, follow instructions and use initiative where appropriate; • Commitment to regular attendance and overall reliability; and • Sensitivity to working with young people experiencing disadvantage and marginalisation.

How can potential applicants apply?

Please see check our website for application forms and details.

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Generalist Community Legal Centre Guide 45

Barwon Community Legal Service

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Brimbank Melton Community Legal Centre

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Casey Cardinia Community Legal Service Inc.

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Central Highlands Community Legal Centre

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Darebin Community Legal Centre

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Eastern Community Legal Centre

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Fitzroy Legal Service

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Flemington & Kensington Community Legal Centre Inc.

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Hume Riverina Community Legal Service

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Inner Melbourne Community Legal

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Loddon Campaspe Community Legal Centre

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Monash Oakleigh Legal Service

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Moonee Valley Legal Service

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Northern Community Legal Centre

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Peninsula Community Legal Centre

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Springvale Monash Legal Service Inc.

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St Kilda Legal Service Co-Op Ltd

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Westjustice Community Legal Centre

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Barwon Community Legal Service

Contact details Belmont Branch Address: Level 1 63 Thomson Street, Belmont 3216 Phone: 1300 430 599 Email: bcls@barwoncls.org.au Website: www.barwoncls.org.au Colac Branch Address: Colac Area Health 2 Connor Street, Colac 3250 Corio Branch Address: Barwon Health - Corio Community Health Centre Gellibrand Street, Corio 3214 Warrnambool Branch Address: 185 Fairy Street, Warrnambool 3280 Description of organisation BCLS is an independent Community Legal Service that is funded by the State and Federal Governments to provide free legal information, advice and casework to members of our local community.

Our missions is to promote, protect and enhance the rights and interests of individuals, groups and organisations within the BCLS catchment region who are disadvantaged in their access to justice; and contribute to reform of laws and structural inequities to achieve humane, fair and equitable outcomes.

Volunteer opportunities Barwon Community Legal Service has an established volunteering program for law students that allows them to gain valuable legal experience in a variety of supervised roles.The areas in which we engage volunteers include solicitor assistance, court duty, Night Service, Community Legal Education and general administration. Positions are dependent on availability and we prefer volunteers to remain with our service for at least 6 – 12 months.

How can potential applicants apply?

Law students can apply and enquire about positions through our website under the ‘volunteers & students’ tab.

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Deakin University Student internship Program In conjunction with Deakin University, BCLS also operates a Student Internship Program comprised of final year law students undertaking a credited unit that requires them to gain practical experience within a legal environment under the supervision of our Principal Lawyer. Students interact firsthand with in-house lawyers and clients, manage files and complete casework – all of which helps to prepare them for their future career, whether that be in the private or community-based sector. BCLS is allocated 3 – 4 students for this clinic during Trimester 1 and Trimester 2 of the academic year.

Practical Legal Training Students We have an established program for students who wish to undertake their Practical Legal Training  that allows them to gain valuable legal experience in a variety of supervised roles.

During placement, PLT students will receive on the job legal training under the supervision of our experienced lawyers. This experience will include working with clients to take instructions, assessing matters for ongoing assistance, legal research, drafting letters, memorandums and briefs. Students will be exposed to a broad range of clients and matters and will also participate in our vibrant education and community development programs and may have the opportunity to contribute to law reform.

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Brimbank Melton Community Legal Centre Contact details St Albans Branch Address: Suite 3, Level 1 358 Main Road West, St Albans 3021 Phone: (03) 8312 2000 Email: info@comm-unityplus.org.au Website: www.comm-unityplus.org.au Melton Branch Address: Level 1, 31-35 McKenzie Street, Melton 3337 Phone: (03) 9747 5240 Email: info@comm-unityplus.org.au Website: www.comm-unityplus.org.au Description of organisation Brimbank Melton Community Legal Centre (BMCLC) provides free legal services for people who live, work or study in the Brimbank, Melton and Bacchus Marsh communities.

BMCLC has two offices in Melton and St Albans, open Monday to Friday.

We run a range of generalist and specialist legal clinics, as well as outreach services through key community organisations. We also conduct casework and provide legal representation.

BMCLC is funded by the State and Commonwealth governments, and is supported through philanthropic project funding.

Volunteer opportunities We welcome and are highly appreciative of community members who express interest in volunteering with us.

Where possible, we will find positions for suitable applicants, where positions are available.

How can potential applicants apply?

If you are interested in volunteering, please submit your details using the form on our website. We will contact you regarding the availability of suitable positions.

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Casey Cardinia Community Legal Service Inc. Contact details Main Office Address: 42 Claredale Road, Dandenong 3175 Phone: (03) 9793 1993 Email: Casey_Cardinialegal@clc.net.au Website: www.caseycardinialegal.org.au Narre Warren Office Address: Suite 5 64 Victor Cres, Narre Warren 3805 Phone: (03) 8794 9873 Website: www.caseycardinialegal.org.au Description of organisation Casey Cardinia Community Legal Service Inc provides free and confidential legal advice and assistance to members of the local community, specifically those who are financially disadvantaged. Anyone who lives, works or studies in the City of Casey, Shire of Cardinia or suburb of Dandenong, is eligible for an initial advice appointment.

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Central Highlands Community Legal Centre

Contact details Address:15 Dawson Street North, Ballarat Phone: (03) 5331 5999 Email: info@chclc.org.au Website: www.chclc.org.au Description of organisation Central Highlands Community Legal Centre Inc is a not-for-profit organisation that provides free legal advice, information and community legal education to people who live, work or study in the Grampians Region. CHCLC is an incorporated association, we are constituted under the Associations Incorporation Reform Act 2012.

CHCLC is a generalist Community Legal Centre that provides free information and advice on various civil legal matters. Some court representation to eligible clients may be available on a very limited basis.

Volunteer opportunities CHCLC provides a variety of opportunities for high school work experience students and university students in various areas of study including Social Work and Social Science.

How can potential applicants apply?

If you would like to be considered for work experience or student placement, please contact Lisa Buckland or phone 5331 5999.

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Darebin Community Legal Centre

Contact details Address: 732 High Street, Thornbury 3071 Phone: (03) 9484 7753 Email: enquiries@darebinclc.org.au Website: www.communitylaw.org.au/darebin Description of organisation Darebin Community Legal Centre (DCLC) is a community-based, not-forprofit organisation that provides free legal advice for people who live, work or study in Darebin. A range of services are available in various locations across the Darebin region.

Volunteer opportunities Volunteer positions are advertised on our website. To receive an Application form please E-mail, Danielb@darebinclc.org.au.

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Eastern Community Legal Centre

Contact details Box Hill Office Address: Suite 3, Town Hall Hub, 27 Bank Street, Box Hill VIC 3128 Phone: (03) 9285 4822 Email: eclc@eclc.org.au Website: www.comm-unityplus.org.au Boronia Office Address: Suite B, 6 Floriston Road, Boronia VIC 3155 Phone: ((03) 9762 6235 Email: outereast@eclc.org.au Website: www.comm-unityplus.org.au Healesville Office Address: Healesville Community Link, 110 River Street, Healesville VIC 3777 Phone: (03) 5962 1665 or regional phone: 1300 79 70 88 Email: yarraranges@eclc.org.au Website: www.eclc.org.au Description of organisation Eastern Community Legal Centre provides free legal advice and assistance for a range of matters. We mostly assist people who live in the local government areas of Boroondara, Knox, Manningham, Maroondah, Whitehorse and the Yarra Ranges.

Volunteer opportunities Students and community members may contribute to ECLC in a number of positions: • Volunteer Intake and Administration Worker • Volunteer Night Service Paralegal • Volunteer Paralegal – Intervention Order Support Service • Volunteer Night Service Co-ordinator • Volunteer Worker – Deakin Legal Service • Project Volunteers How can potential applicants apply?

To express interest in a voluntary position, forward a cover letter outlining your skills and experience, and a current CV to volunteers@eclc.org.au, attention to the Volunteer Coordinator.

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Fitzroy Legal Service

Contact details Address: Fitzroy Town Hall Level 4, 126 Moor Street (Access via courtyard), Fitzroy 3065 Phone: (03) 9419 3744 Email: enquiries@fitzroy-legal.org.au Website: www.fitzroy-legal.org.au Description of organisation Our vision is to be an independent and influential voice that empowers and strengthens the community through access to legal services, education, information and law reform activities.

We • • • • • • •

provide legal advice and legal representation in the following ways: free legal advice service free specialist clinics free and fee paying representation Neighbourhood Justice Centre drug outreach lawyer family violence outreach Travellers Employment Law Clinic

Volunteer opportunities We rely heavily on the expertise and commitment of our wonderful volunteers.

Our volunteers work for us in one or more of the following ways: • free legal advice service: lawyers, law graduates and final-year law students who provide legal services covering a very wide range of clients and issues, • day practice: lawyers, law graduates and final-year law students who assist our paid staff with their work at both our office and at the Neighbourhood Justice Centre, and • other work including administrative assistance, legal and social science policy research, &c.

How can potential applicants apply?

If you think that you are the right person to volunteer for us, or have an idea for volunteering with us that you would like to suggest, please complete our volunteer application form on our website.

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Flemington & Kensington Community Legal Centre Inc. Contact details Address: 22 Bellair Street, Kensington 3031 Phone: (03) 9376 4355 Email: fklegal@fkclc.org.au Website: www.communitylaw.org.au/flemingtonkensington Description of organisation Flemington and Kensington Community Legal Centre (FKCLC) commenced in 1980. The Centre has a history of working closely with its community to address legal issues of concern.

We assist people who live, work or study in the Flemington and Kensington area. Our service may at times take on casework from other agencies on a referral basis.

The Centre has expertise in relation to young people’s issues, police powers and working with people from non-English speaking backgrounds.

Volunteer opportunities Volunteers come to our service with a range of skills and experiences.

Volunteers may nominate areas and projects in which they would like to volunteer, however staff will provide guidance. Areas available are: • Night Service: Legally qualified volunteer. Experienced but not legally qualified volunteer. Para-legal volunteer.

• Day Volunteer: Casework Assistant. Policy/ research/ Law Reform.

• Administration (Day) • Board of Management: Governance.

What are you looking for in an applicant?

• be over 18 years of age; and have experience in some aspect of the organisation (administrative tasks, community development or education, legal advice, casework etc.)

• minimum requirement is to be available for one day per week 6 months; night service volunteers as agreed with staff • be reliable and have good communication skills; • commit to the aims of FKCLC; • Fluency in a language other than English (desirable). We actively encourage people from different cultural and linguistic backgrounds to apply.

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How can potential applicants apply?

Please see the selection process and download the application form on the website.

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Hume Riverina Community Legal Service Contact details Address: 27-29 Stanley Street, Wodonga 3690 Phone: (02) 6055 8090 Email: cls@umfc.com.au Website:www.hrcls.org.au Description of organisation We provide free legal advice to people living in North East Victoria and the Southern Riverina of NSW. We provide advice on a range of legal issues. These include family law, family violence, separation and divorce, youth law, motor vehicle accidents, credit and debt issues, discrimination, consumer complaints, traffic offences, fines, seniors’ issues and other everyday legal problems.

Volunteer opportunities Keen to get into the community legal sector? Hume Riverina Community Legal Service is one of the few cross border community legal centres in Australia, and we take pride in making a difference for people who need help to solve everyday legal problems.

We have a strong volunteer program in which many private lawyers make a contribution to help us deliver more legal advice, and paid positions often become available to join the HRCLS team.

How can potential applicants apply?

Please contact cls@umfc.com.au to express your interest in volunteering or becoming part of our community legal service.

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Inner Melbourne Community Legal

Contact details Address: Suite 2, 508 Queensberry Street, North Melbourne 3051 Phone: (03) 9328 1885 Email: info@imcl.org.au Website: www.imcl.org.au Description of organisation Formerly the North Melbourne Legal Service, we have been providing free legal advice and assistance to our community since 1978. We changed our name to Inner Melbourne Community Legal in 2013 to better reflect the community we serve.

We have a small but dedicated team of staff who are generously supported by volunteer solicitors, barristers and law students. We are supported by funding from state and federal government as well as pro bono assistance and support from our corporate partners.

Volunteer opportunities Please check on our website for current positions and application information.

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Loddon Campaspe Community Legal Centre Contact details Address: 171 Hargreaves Street, Bendigo 3552 Phone: (03) 5445 0909 Email: admin@advocacyandrights.org.au Website: www.lcclc.org.au Description of organisation Loddon Campaspe Community Legal Centre opened in 2005. The centre opened after a long-running campaign led by local community services and individuals who had seen the need for an independent, accessible alternative to private legal practitioners and legal aid.

Loddon Campaspe Community Legal Centre works within a community development framework. Empowerment, participation, safeguarding human rights and confronting structural disadvantage are hallmarks of this framework.

Our vision is social justice and human rights for our community. We value equality, respect and empowerment, and our mission is to deliver information, advice and support and to advocate for equity for people in our community.

Volunteer opportunities Law students wishing to become volunteers should be aware that places are highly sought after. Students from universities other than La Trobe University (seperate clinical placement program) are welcome to apply.

How can potential applicants apply?

To apply, please complete our Expression of Interest form on the website and return to our office with a copy of your resume. If you have any queries, please contact our office on (03) 5445 0909 or email volunteeradministrator@ lcclc.org.au

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Monash Oakleigh Legal Service

Contact details Address: 60 Beddoe Avenue, Clayton North 3168 Phone: (03) 9905 4336 Website: www.communitylaw.org.au/monashoakleigh Description of organisation Monash-Oakleigh Legal Service is a community legal centre which provides free advice and assistance in relation to a range of areas of law to members of the community. It is also a teaching clinic. The Legal Service is overseen by a management committee representing members of the local community.

The Legal Service aims to help people who are unable to afford private legal assistance and representation or are unable to obtain access to the legal system because of language barriers or other disadvantages.

Volunteer opportunities Monash Oakleigh Legal Service has a number of volunteer opportunities advertised on their website. This includes an ‘Advice Only’ session on Tuesday night for Family Law Matters. It is staffed by volunteer solicitors and Monash University students who are required to attend once fortnightly.

FLAP Program Students in their second year of studies or higher, or have had experience in family law or community legal centres are invited to apply. FLAP is currently accepting applicaitons to be placed on a waiting list.

For an application form please see our website at http://www.monash.edu/ law/about-us/legal/mols/volunteer FLAP recruits volunteers on an as needs basis several times a year. Applicants will be contacted when vacancies and training sessions arise. For further information please contact Cara, Volunteer Coordinator by email at molsvolunteer@monash.edu

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Moonee Valley Legal Service

Contact details Address: 13A Wingate Avenue, Ascot Vale 3032 Phone: (03) 9376 7929 Email: admin@mvls.org.au Website: www.mvls.org.au Description of organisation Moonee Valley Legal Service is an independent, community managed, nonprofit organisation run by a Committee of Management.

We are a Community Legal Centre that provides free legal advice, information, education, referrals and ongoing casework assistance to anyone who lives, works or studies within the City of Moonee Valley.

MVLS provides generalist legal services, with a focus on infringements, criminal law, family law and family violence. The service benefits and empowers the community, and assists disadvantaged or disenfranchised people to be more knowledgeable about the law. This approach gives clients confidence to be proactive in their dealings with the legal system.

Volunteer opportunities Our service relies heavily on the support of volunteers to assist us in providing services to the local community. MVLS currently has 50 volunteers assisting the service, including members of the Committee of Management, pro-bono lawyers, law students and administration support volunteers.

How can potential applicants apply?

If you are interested in volunteering at Moonee Valley Legal Service, please download and complete our volunteer application form on our website.

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Northern Community Legal Centre

Contact details Address: Shop 214 (Rooftop) Gladstone Park Shopping Centre, Gladstone Park 3043 Phone: (03) 9310 4376 Email: admin@northernclc.org.au Website: www.northernclc.org.au/ Description of organisation The Northern Community Legal Centre (NCLC) formed in early 2016 following an amalgamation of the former Broadmeadows Community Legal Service and Moreland Community Legal Centre. The NCLC operates in one of the fastest growing and disadvantaged areas of Melbourne, and has a significant catchment including the Hume City Council, Moreland City Council and Mitchell Shire Council. The NCLC operates from a central office located in Gladstone Park, with outreach services to other service areas, including Wallan, Sunbury, Coburg and Craigieburn.

Our purpose is to ensure equal access to justice for all in Melbourne’s North West and we do this by the provision of legal services, community legal education and law reform to meet the needs of the most vulnerable and disadvantaged people in Melbourne’s North West.

Volunteer opportunities Our volunteers assist in a wide variety of ways, including night service, assisting lawyers with client files during the day, working on special projects and various administrative tasks. Our volunteers are made up of law students, interested community members, lawyers from a range of different practices who come together with a range of expertise and knowledge to provide an extension of our service to the local community. Without these dedicated people, we would be unable to provide an extended service for our clients.

How can potential applicants apply?

Please check our website for current position availability and application forms.

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Peninsula Community Legal Centre

Contact details Frankston Branch Address: 441 Nepean Hwy, Frankston 3199 Phone: (03) 9783 3600 Email: pclc@pclc.org.au Website: www.pclc.org.au Bentleigh Branch Address: 82 Brady Road, Bentleigh East 3165 Phone: (03) 9570 8455 Cranbourne Branch Address: Suite 12, 33-39 High Street, Cranbourne 3977 Phone: (03) 5995 3722 Rosebud Branch Address:1375 Point Nepean Road, Rosebud 3939 Phone: (03) 5981 2422 Pines Branch Address: 26 - 28 Mahogany Avenue, Frankston North 3200 Phone: (03) 9786 6980 Description of organisation Peninsula Community Legal Centre is an independent, not-for-profit organisation that has been providing free legal services to Melbourne’s south-eastern communities since 1977.

The Centre helps people use the law to protect and advance their rights, offering free advice on most legal issues, including Family Law, Child Support, Intervention Orders, Infringements, Tenancy and Consumer. Ongoing assistance is targeted to assist clients who are experiencing disadvantage.

The Centre undertakes a range of community legal education, community engagement and law reform activities and is active in a number of community and Sector networks.

Peninsula Community Legal Centre utilises the skills and work of volunteers to extend and enhance its operations and service delivery.

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Volunteer opportunities Our volunteers enable the Centre to offer up to 8 additional free legal advice sessions each week, including day-time and after-hours advice in five locations – Bentleigh, Cranbourne, Frankston, Pines and Rosebud. Not only do volunteers strengthen our capacity to provide fast, accessible advice to clients, volunteers are also involved in governing the organisation (through the Management Committee), providing administrative support and assisting with special projects.

What are you looking for in an applicant?

Applicants should be 18 years of age or over, and priority will be given to applicants who live in our catchment region and/or provide the skills and experience which we and our client communities need.

How can potential applicants apply?

To register your interest in volunteering, please complete the Volunteer Application form on our website and return it to Head Office.

Deakin Legal Internships Peninsula Community Legal Centre hosts four legal internships each Trimester for Deakin University students. The internships provide a opportunity for students to extend and deepen their theoretical knowledge of the law by working under supervision in a legal practice. The internships are primarily based in the Centre’s Family Violence Duty Lawyer Service at the Frankston Magistrates’ Court and our Fines Clinic Project.

Practical Legal Trainee Placements Peninsula Community Legal Centre is pleased to provide law graduates who are undertaking a practical legal training course with a opportunity to undertake a trainee lawyer placement with the Centre. The placement (of at least 40 days) will assist graduates to meet mandated practical legal training requirements.

Trainee lawyers will be partnered with experienced lawyer/s. Tasks will be supervised and will vary depending upon the particular placement but are likely to be sitting in on court interviews, taking client details and instructions, writing file notes, drafting documents, making referrals, undertaking legal research, attendance at court and participation in a community legal education or law reform activity.

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Applications must be in writing, marked to the attention of the Chief Executive Officer, addressing the selection criteria outlined in the position description.

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Springvale Monash Legal Service Inc.

Contact details Address: 5 Osborne Avenue, Springvale 3171 Phone: (03) 9545 7400 Email: info@smls.org.au Website: www.smls.com.au Description of organisation SMLS aims to empower and support members of the community to understand and make use of the law and the legal system to protect their rights and to increase their awareness of their legal responsibilities. A high proportion of our clients are from culturally and linguistically diverse backgrounds and have limited access to the legal system due to language barriers, lack of formal education and financial disadvantage. To ensure that these clients receive the fairest outcome possible, their matters may be taken on by the legal service. This does not in any way detract from our ethos of maximising the community’s ability to assist themselves.

Volunteer opportunities There are opportunities for volunteers in reception, casework and supervisor roles. We ask for a minimum one year commitment from all of our volunteers.

How can potential applicants apply?

People wishing to volunteer at SMLS should complete our Volunteer Application Form or contact our Volunteer Coordinator, Trang Nguyen, on 9545 7400.

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St Kilda Legal Service Co-op LTD

Contact details Address: 161 Chapel Street, St.Kilda 3182 Phone: (03) 9534 0777 Email: st_kilda_vic@clc.net.au Website: www.skls.org.au Description of organisation St. Kilda Legal Service (SKLS) offers generalist legal assistance to residents of our catchment area through our Night Service (3 nights per week) and our Day Service. SKLS also operates three specialist programs: the Drug Outreach Program the Family Violence Program and the LGBTIQ Program.

Volunteer opportunities We only have capacity to supervise a limited number of students and we have a waiting list for student volunteer placements. We give preference to students residing in our catchment area of Stonnington, Bayside and Port Phillip, and who are in their penultimate or final year of their degree.

How can potential applicants apply?

Law Students are often recruited in small groups, as the need arises and at least 3-4 times a year.

If you want to apply to become a volunteer at St Kilda Legal Service, please download, complete and return our Volunteer Application Form to: Anthea Teakle, Volunteer & Night Service Co-ordinator St. Kilda Legal Service Co-op. Ltd. anthea@skls.org.au 161 Chapel Street St. Kilda Vic 3182 Ph Direct: 8598 6613 Ph Office: 9534 0777 Fax: 9525 5704

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WestJustice Community Legal

Contact details Footscray Branch Address: Level 1, 72 Buckley Street, Footscray 3011 Phone: (03) 9749 7720 Email: admin@westjustice.org.au Website: www.westjustice.org.au Werribee Branch Address: 1/8 Watton Street, Werribee 3030 Description of organisation Westjustice is a community organisation that provides free legal help to people in the Western suburbs of Melbourne. We can help with a broad range of everyday legal problems including consumer disputes, credit and debt, family law and family violence, fines, motor vehicle accidents, tenancy and more. Westjustice believes in a just and fair society where the law and its processes don’t discriminate against vulnerable people, and where those in need have ready and easy access to quality legal education, information, advice and casework services.

Volunteer opportunities Westjustice relies heavily on the work of legal and non-legal volunteers. We may have positions for: • Administrative volunteers (reception duties and general administration) • Paralegal volunteers (legal research and client casework preparation) • Solicitor volunteers (seeing clients and providing legal advice and referrals on a range of legal issues) What are you looking for in an applicant?

Skills we require of all of our volunteers include: • Excellent communication skills • High attention to detail • Ability to work as part of a team and independently • Reliability and punctuality We ask that volunteers give us a minimum commitment of twelve months.

Demand for volunteer positions may vary.

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How can potential applicants apply?

If you are interested in volunteering with Westjustice, please complete the Volunteer Application Form online and email it along with your resume to admin@westjustice.org.au.Â

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Volunteer Reflections

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How to Volunteer

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AED Legal Centre

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Whittlesea Community Legal Centre

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Fitzroy Legal Service

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Social Security Rights

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Environmental Justice Australia

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Refugee Legal

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Legal Aid

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Youth Law

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Disability Discrimination Legal Service

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Salvos Legal

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Peninsula Community Legal Centre

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How to Volunteer

After my first two sessions under supervision I was left to interview clients by myself. It was quite daunting at first. I found that when talking to clients it is best to be both professional and compassionate (especially for clients that may feel vulnerable).

One thing that I learnt when taking client instructions is that it is important that the client does not tell you their ‘life story’ (time is ever so precious and they can provide intimate details to the lawyer). What is most important, is that, you are able to nail the issue on the head.

By identifying the main legal issues and other crucial details, you will be able to pass this information to the volunteer lawyer. It gives the lawyer the chance to quickly read over the issue so they are prepared to provide advice to the client thus maximising the time spent to provide tailored legal advice.

(Please note: all CLCs are different and may have their own procedures) Given the nature of the clients that you may deal with while volunteering at your local CLC there is a chance that the clients’ circumstances may affect your mental health. For example, a client may come to the CLC with a range of family law issues. Their issues may include domestic violence, drug abuse, and child custody disputes. The weight of these issues may become heavy to deal with for any person. It is important to seek out assistance if you are affected by a client’s circumstance.

Here is what you can do: • Speak to your supervisor (this is ideal because you can openly talk to your supervisor as they know the client’s circumstances).

• Seek professional counselling; The Federation of Community Legal Centres has an agreement with CLCs to provide free confidential counselling for CLC workers.

Community Legal Centres continuously supports the community by providing legal advice and assistance to those who need it most.

Thank you CLCs!

By Atibhav Damodaran 73

AED Legal Centre

AED Legal is a Community Legal Centre (CLC) that assists individuals who have a disability in the areas of employment and education. I started at AED in Trimester 3 of 2017 when I undertook the legal internship unit (MLL351).

At the conclusion of my internship I was asked to stay on for the night service.

The experience I have personally gained from AED Legal have been invaluable.

There is a significant difference between theoretical understanding and practical implementation, and CLCs are a valuable opportunity for students to build upon the latter. Unfortunately, class room cannot teach us everything we need to know. We don’t learn how to communicate with clients, draft letters nor just how to deal with day to day stressful situations. The legal research skills and the assignments we undertake at university give us a basic fundamental understanding, but it is only with practical experience we are able to continually develop those skills. CLCs like AED Legal Centre provide these practical experiences. There are no hypothetic scenarios, you are able to work on real cases, observe real processes and see real results.

During my time at AED I have been involved in many different activities.

From drafting correspondence, creating VTAC client statements, legal research, client interviews and lastly attending mediations or tribunals at the Fair Work Commission. These various activities challenged not only my legal understanding, but they helped in developing my intra-personal and time management skills. What I most enjoyed about AED Legal is similar to what my peers say about other CLCs, the fact that you are making a difference. The product of your volunteering isn’t a grade (post internship).

Instead your actions at times are instrumental in helping those who at times are marginalized, mistreated and at times overlooked.

Personally, volunteering at AED Legal has showed me what some of my interests are. Due to AED Legal Centre only providing assistance in the areas of employment and education, a lot of my time has been spend working on employment matters. Employment law was an area that I really had not paid any mind to prior to AED. I was not planning to take Workplace Law as an elective, nor did any employment relation matters cross my mind prior to AED. However, because of the exposure I received, it has now become an area of law that I am fascinated by.

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Volunteering at a CLC has not only provided me with experience which I believe is priceless, but it has also allowed me to give back and be an assistance. Paid legal work/experience is rare while you are still a student.

CLCs are a great opportunity for you to get your foot in the door, develop your legal skills, all the while making a difference.

By Munir Abdul

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Whittlesea Community Legal Centre

For the past few months I have been working as a volunteer legal intern at the Whittlesea Community Legal Centre (CLC). Throughout the semester I work one four-hour shift a week, and during the semester breaks I increase my workload to three shifts a week. I chose to work at a Community Legal Centre because as I was heading into my penultimate year of study I needed to increase my legal experience, however, I lacked the requisite experience to be applying for paid positions as a legal intern or paralegal in commercial firms.

Many CLCs have long waiting lists of up to two years. Rather than apply online I called the Whittlesea CLC directly where I was able to speak to the head of legal services. She was kind enough to allow me to skip the waiting list and start working immediately at the CLC. I definitely recommend and eager students to try to speak directly with those working at the CLC rather than put their names down on a waiting list. This allows you to show of your skills and build up a sense of familiarity with your prospective employer.

A day’s work at Whittlesea CLC consists of the following: • Answering calls from prospective clients. This involves often listening to distressed people, ascertaining the key issues and figuring out whether or not the CLC is the right place for them to be seeking assistance.

• Completing conflict checks and creating client accounts • Collating notes and briefing solicitors on new clients • Making bookings with appropriate solicitors depending on their areas of specialty Whilst I initially stated working at Whittlesea CLC as a means to increase my legal experience, I have found the experience extremely rewarding in a number of ways I didn’t expect. Firstly, working directly with prospective clients humanizes what is at times, a highly theoretical and detached degree. Secondly was able to put what I had learnt throughout my degree into practice and was able to understand the basics of how the legal industry functioned. Finally, working at the Whittlesea CLC also open my eyes to the importance of giving back to the community. I work with several solicitors who give up their days off and many of their nights driving out to rural communities to provide free legal advice, and their generosity has made an indelible impression on me as I begin my legal career.

By Julia Mollica 76

Fitzroy Legal Service

What do Fitzroy Legal Service do?

FLS are a free, drop-in legal advice service – held each weeknight from 6-6:30pm. Common practice is that all clients are seen (this can mean a few late nights). The FLS Night Service has volunteers from a range of academic backgrounds and people at different stages in their careers.

How did I get involved?

I applied for a paralegal role with FLS after speaking to a few friends who volunteered there. They all recommended it was a great way to start understanding what it’s like to work in a legal setting, on legal matters and have a real hands-on experience.

What did I do at FLS? I volunteered in the ‘Night Service’ at FLS. This is where anyone and everyone can come to FLS for legal advice relating to most matters. As a paralegal, your role is to support the supervising lawyer in anything they may need.

This can range from pre-interviewing clients, conducting legal research, taking detailed file notes during the meeting with the client, photocopying and writing up a clear, concise file note which details what the client sought advice for, what advice was provided and any follow up information if they visit again.

What areas of law did I work on at FLS? As mentioned before, the FLS Night Service work on a wide range of legal matters including family law, criminal law, employment law, infringements, neighbourhood disputes and others.

There are areas of law that FLS do not provide advice on (but can refer clients to services that do) and those are, business contracts, commercial matters, building disputes, conveyancing, immigration matters (including visas), investments, Supreme Court or High Court matters and tax/superannuation matters or drafting wills.

Has FLS enhanced my legal studies and would I recommend this to a law student?

A lot that we learn at university can be hard to imagine in a practical sense.

The best way to consolidate what you have learnt in your studies is to apply it in a real-life scenario. FLS is one of the best ways to start that process.

After spending 2 years volunteering, I found it easier to imagine what I was 77

learning and contextualise that into a real-life scenario. It’s also a great way to meet other students at a similar stage in their degrees, recent graduate or young lawyers and also those senior and extremely capable lawyers who are experts in a particular field.

By Phoebe Chorin

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Social Security Rights

I did my legal internship at a community legal centre in Fitzroy called Social Security Rights Victoria (SSRV). The centre focused on helping the public obtain any benefits they were unable to receive from Centrelink.

My role was to help clients understand if they were or were not eligible or entitled to receive a benefit. Some cases were extremely transparent and simple and advice along could be given in an instant. Other cases were more complex and would turn out like this usually because the client has had difficulty with Centrelink for a long period of time, they might be fighting for multiple benefits, they might be incorrectly placed on the wrong benefit, they might be seeing multiple doctors with conflicting medical opinions, they might be appealing their case or there would be property involved or the client is divorced.

In these complex cases, we first had to examine whether there was any merit in the client’s case. Merit basically means if the client has a good standing with their case in the Administrative Appeals Tribunal. If they did, then a lawyer at the centre would represent them at the Administrative Appeals Tribunal.

It seemed daunting at first, but I enjoyed working on the complex matters more than the simple ones. I began to really to understand the pain a client went through and would immerse myself in that client’s life, just to get a better understanding of the facts and issue and potentially create the perfect submission to be used in the Administrative Appeals Tribunal.

This is what I loved about SSRV. They would often throw you in the deep end and let you work on very important matters, which really tested my legal skills and gave me a sense of autonomy. At the beginning of my internship, I had no idea what I was doing most of the time and no knowledge about the law but that was ok. My supervisor informed me that my tribunal submission was a very good attempt for a first timer and gave me some pointers and showed examples on how I could improve.

I really loved working in an environment where I could stretch my skills and really challenge myself and I would encourage you to do the same. You really don’t know what you’re capable of achieving unless you are given the opportunity to showcase yourself. When the time comes for my clerkship or 79

grad role, I will be more prepared knowing that I have learnt and perfected a great amount of legal skills and feel more confident taking on challenging tasks.

By Vernon Singh

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Environmental Justice Australia

Environmental Justice Australia (EJA) is a not-for-profit legal practise that specialises in public interest environmental law. They run two volunteering programs for law students: the day volunteer program which runs throughout semester and a two week internship program which runs over university break periods. I have been volunteering with EJA as part of their weekly volunteer program since semester two 2017.

As a weekly volunteer I predominantly undertake legal research tasks.

Although environmental law may seem like quite a small and specialised area, the research I’ve completed actually spans a large number of areas.

This has included topics such as air pollution, waste incineration, international conventions and treaties, bankruptcy, carbon pricing, shareholder resolutions, financial regulations and constitutional law. Undertaking such a wide range of research means that I learn something new every day that I volunteer with EJA. It has also helped me to significantly improve my legal research skills.Other tasks I carry out at EJA include answering phones, assisting with events, collecting mail and other administrative tasks.

I applied to become a volunteer with EJA because I believe climate change is the most urgent challenge facing humanity. The political climate in Australia is too often characterised by climate change denial, fear of renewable energy technology and a resistance to change. Given this atmosphere, it is easy to feel disheartened and powerless. The work that EJA does gives me hope that we can achieve the political, legal and cultural change that is crucial to environmental justice.

I am currently juggling the final year of my law degree, work, volunteering, playing on two netball teams and a football team. I can empathise with the many law students who feel that adding something extra like volunteering to their schedule is pretty daunting. However I am so glad I did and would highly recommend it to others. I have learnt so much more than you can learn from textbooks or lectures and met so many phenomenal people. It has been a truly invaluable experience.

By Alice Moore

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Refugee Legal

In this reflection I would like to outline two things. First, why it was personally beneficial for me to volunteer at Refugee Legal as a law student wishing to develop out-of-classroom skills. Second, I’d like to give you a snapshot into the type of client you would be helping if you volunteered at a refugee CLC. I began volunteering at Refugee Legal in my 3rd year of university. At the time, my knowledge of the current refugee crisis was limited to what I’d read and heard in the news. I had no technical legal knowledge on the matter.

Upon starting to volunteer at Refugee Legal I understood that the role of a paralegal was high paced and that an array of skills would need to be developed relatively quickly.

I noticed my research skills improving significantly during my time at Refugee Legal. On several occasions I was tasked with researching conflicts in countries where there had been political unrest. These research projects helped me understand complex, multi-layered struggles happening in other countries. At the time, I was surprised that many of the grave atrocities faced by persecuted minority groups that I was trying to research were hardly being reported on (if at all) by the media. For me, research tasks were always a welcome challenge that were extremely eye opening and rewarding.

My position as a volunteer paralegal also afforded me the opportunity to develop my communication skills through having regular interactions with clients. I conducted countless client interviews both over the phone and in person. Often, the interviews required an interpreter to facilitate the discussion. It was pertinent to exercise active listening skills, show respect and offer breaks if needed. As part of the client interviews, I was often required to fill out forms such as: • Request for Access to Documents or Information (form 424A) • Application for Protection Visa (form 866) • Application for Safe Haven Enterprise Visa (form 790) Filling visa related forms can be quite a tedious task that requires enormous attention to detail. Some of these forms have over 100 questions, which need to be filled out meticulously (errors can have disastrous consequences for a visa applicant).

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Yes, there are many other amazing opportunities afforded to volunteers at Refugee Legal, but it is important to also consider the incredible contribution you can make to a person’s life by virtue of the fact that you are studying law.

CLCs rely on volunteers to help get through their enormous work load.

Your assistance could make the difference between whether one more client receives timely emergency legal attention or not. Your actions can make a critical, life altering difference to an individual or family seeking the legal permission to stay. Strict time limitations are often imposed on those applying for protection in Australia. Thousands of people in Australia are in a state of crisis when government-imposed deadlines are rolled out. The anxiety, uncertainty and fear of deportation can render many clients utterly paralysed and often compounds their vulnerability.

There is a lot of good that can be done with a law degree if you choose to utilise it in such a way. Volunteering at Refugee Legal taught me not to underestimate the power a law student has in making a meaningful difference to the lives of marginalised people living in our society.

By Vivi Teshuva

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Legal Aid

Legal Aid or the lack thereof is often a hot topic of conversation, who receives it? Who doesn’t receive it? Should there be more lenient eligibility criteria and so on. Legal aid is such an important factor to the proper functioning of the justice system. As you and I are well aware a fair trial in an integral right of any and every Australian. This right would be violated if it weren’t for the work of Legal Aid lawyers and barristers.

I got the opportunity to undertake some work experience with a Barrister who works for Legal Aid and I witnessed first-hand why this service is so important and why its needs to be so readily available to those who seek it. During my time, I shadowed a barrister around Dandenong Magistrates Court. I learnt that this environment is so fast paced, and my barrister went from case to case almost hourly. I would witness the first client meeting through the court hearing, which often would both take place on the same day.

This experience left me with more than just knowledge of how Legal Aid lawyers and barristers work but also how much this service changes the lives of those utilising it. Volunteering despite whether it is with Legal Aid, a Community Legal Centre, or at a firm is an opportunity if presented to you is something that will teach you a lesson you simply cannot learn in a lecture theatre or in a classroom. It will give you perspective on how much those receiving the service rely on you to do your job to the best of your ability.

By Clare Carroll

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Youth Law

Youthlaw is a community legal centre which operates out of the heart of Melbourne city. As suggested by its name, Youthlaw provides free legal advice and legal representation to young people under the age of 25 in areas such as criminal law, traffic infringements, family law and VOCAT applications. Youthlaw’s client base covers a wide variety of young people who come from various linguistic, cultural and socioeconomic backgrounds.

Advice and information is given in one two ways; either as general legal information over the phone or in person in our drop-in clinic.

I am fortunate enough to have been a volunteer paralegal at Youthlaw for over a year now. My tasks have included answering legal information phone calls from both existing and prospective clients, drafting memorandums to barristers, special circumstances applications and drafting letters to clients, as well as being able to sit in on client interviews during our drop-in clinic hours. Each week I will generally be working on a different task, which means I have been exposed to various areas of law and legal issues.

It seems like a cliche, but volunteering at Youthlaw has been one of the most rewarding and beneficial experiences that I have undertaken during my law degree to date. It has first and foremost opened my eyes up to the issues faced by young people in Australia, namely drug and alcohol abuse, homelessness, mental health issues and family violence. Further, this voluntary work has developed my ability to communicate with and work with people who come from diverse backgrounds. Lastly, I cannot emphasise enough how invaluable the practical skills you gain in doing this kind of work are and how beneficial they are for you in the long term.

By Georgia Di Salle

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Disability Discrimination Legal Service For the past year I have been volunteering at the Disability Discrimination Legal Service (‘DDLS’), a community legal centre devoted to protecting those living with disabilities from being discriminated against in Victoria. The DDLS has significant influence in the community as active law reform participants, community legal educators and caseworkers. Considering this wide range of services, a typical day at the DDLS is filled with work that is both different and engaging, but also entrenched with the feeling that you are making a practical positive impact on society.

The specific type of work you do is varied but often carries unique responsibility.

For example, in the morning you may draft a complaint to the Australian Human Rights Commission for a client and then assist in the delivery of a community presentation on workplace disability discrimination in the evening.

Arguably, the most challenging aspect of being a volunteer at the DDLS is being the initial phone contact for first time clients. Many of our clients live with disabilities that may make it difficult for them to communicate effectively and so it is important to develop your communication skills in order to adapt to a clients style of interaction. Other clients live with disabilities that may make it difficult for them to control their emotions, particularly those with an acquired brain injury, of which require an empathetic approach in order to develop good rapport. Although the initial client interviews are a significant challenge, once mastered it is an invaluable skill that is highly transferable to many aspects of life.

Not only is the work rewarding at the DDLS, but the environment is friendly and inclusive. There are two to three solicitors and up to six volunteers at the DDLS each day, all of whom value your input and ensure you are comfortable with tasks. The volunteers hail from a diverse range of backgrounds, some of which are at the DDLS for a University placement while others have simply taken a keen interest in disability discrimination law.

Working with people with disabilities is incredibly rewarding experiences and it will provide you with a reality check on the discrimination that occurs every day to those most vulnerable in our community. I would highly recommend you consider volunteering at the DDLS, especially if you are empathetic, can express yourself clearly and feel a need to ensure that people with disabilities are treated with respect and dignity in our society.

By Nick McConville

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Salvos Legal

My time at Salvos Legal has been one of the most eye-opening experiences in my time at Law School! Volunteering at a Community Legal Centre is no walk in the park...they are often under resourced and rely on volunteer paralegals and solicitors to deal with the large client base. As law students, we are given the less glamorous work as these CLC’s, but I believe it’s all part of the process. At Salvos Legal, I get to go to court from time to time and actually get to see the matters I’ve spent time on transpire before me.

It’s also a great way to meet lawyers and get your foot in the door, as they recognize the fact that you’re working for free and are trying to make a difference in our society. You will learn so much more volunteering at a CLC than you would in a class room or lecture theatre. You don’t get taught at university about how to deal with an unruly client, or how to go about a difficult conversation. I’m sure I’m not the only one that thinks this way, but the best way to learn is to experience. I encourage every law student to go out there and take the time to volunteer!

By Niren Menon

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Peninsula Community Legal Centre

I have only briefly volunteered at Peninsula Community Legal Centre and am probably not the best person to talk to about volunteering in the legal field.

However, I would like to think that I have some sort of insight. Working at a firm in M & A, especially as a law student, you generally don’t get a lot of one-on-one client interaction. However, this is completely flipped on its head when you volunteer, at least at PCLC. I generally am the first point of contact for the in need at PCLC, and it gives you an incredible opportunity to just sit down, listen and empathise. A lot of the people who are visiting are frustrated or fed up with their situation, they want someone to listen, and that is generally what PCLC provide, especially the volunteer paralegals.

There is a real sense of relief for a lot of the visitors of PCLC when they sit down and are able to just talk about their situation, especially since we are about to refer them to a lawyer. Seeing as the clientele is so varied, volunteering at PCLC also gives you exposure to a wide array of matters, all knowledge that will certainly come in handy down the track.

If you really do want to help those who are in need and want to put your legal skills to good use, volunteering at any sort of community legal centre is the way to go. They are generally flexible with their hours; the work is varied and different every time and you leave with a real sense of satisfaction.

By Tom Walsh

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Opinion Pieces

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Legal Aid: Justice For “Most”?

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Royal Commission: A Lawyer’s Insight into a Royal Commission

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Organ donation: Should Australia Adopt the Opt-out system of Organ Donations

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Animal Law: Australia New Zealand Intervarsit moot on Animal Law

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Constitutional Human Rights: should Australia have a Bill of Rights?

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Data Privacy rights: Trump, Brexit and Cambridge Analytica

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Asylum Seeker Law: Volunteering at Broadmeadows Detention Centre and policy regarding Asylum Seekers

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Corporate Social Responsibility

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LGBT Rights: Marriage and the Constitution

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Environmental Law: International Environmental Law in the 21st century: Opinion piece

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Legal Aid: Justice for “Most”?

Consider the nerves you experienced before your first moot, deals competition or even the first time you sat a law exam. Fears of unpreparedness, anxious insecurity and the general uncertainty that there’s so much legal knowledge you ‘just don’t know yet.’ Now imagine you’re navigating this without even those first few months or years of law school to support you. Further, maybe even without the knowledge you gained in the past few years of high school.

You have no direction from your notes, tutors or lecturers, and instead of reassurance from your family and friends that it is ‘all great experience’ and just a ‘learning opportunity’, the outcome has the potential to seriously alter the course of your life.

Despite the conversation regarding access to justice in our community nearly always being centred around the need for more legal aid funding, what this fails to consider are those groups of people for which legal representation is only just out of reach. In the 2016/2017 Annual Report from Victorian Legal Aid, it was found that while 13% of Australians are living under the poverty line, only 8% of individuals will actually qualify for legal aid under the current means testing. Referred to as ‘the missing middle’, these groups of people are frequently forced to navigate the court process alone or to accept outcomes less desirable than those who have the support of legal aid as they don’t have the means to pursue or engage in an extended litigation process. Sometimes, they are even pushed out of having their issues heard altogether.

Recently, there have been small wins awarded by increased Legal Aid allowances in the 2018 Victorian State Budget, however, becoming content with providing justice for ‘most’, but not all, leads to inequality, the effects of which truly ring out through the entire legal community. Insufficient funding for organisations like Justice Connect, and Legal Aid have tremendous repercussions beyond just impacting those who are forced to undergo the court process without legal representation or guidance. From clerks handling the administrative matters, to police officers giving evidence and even Magistrates and Judges who hand down determinations; all parties’ ability to contribute to a fair and efficient outcome is compromised due to the delays created and resulting strain on resources.

Further, issues with access to justice are not purely limited to parties being unable to afford legal representation or advice. For the 7 million Australians who live in regional, remote or rural areas, ‘The Justice Project’ inquiry found that only 10.5% of lawyers are practicing in these areas. Once you factor in 91

the socioeconomic circumstances of many of these people and often poor education rates, it is apparent why this is an area of extreme concern and in need of immediate attention.

Often, in these communities, the legal system is so poorly implemented that not only are individuals not receiving the legal assistance they require, but many are unaware that their difficulties do in fact warrant the pursuit of legal determination.

Further, dwindling funding has led to a diminishing amount of circuit courts and sittings. In 2016-2017 alone there was a decrease of more than 4% in the number of Federal Circuit Court sittings. Consequently, this has resulted in individuals having to travel even further to have their matters heard.

At face value this may not seem of great consequence, however not only does this further restrict the ease with which members of these communities can access justice, but it frequently results in matters being dropped or not pursued, witnesses being unable or unwilling to provide evidence, and in cases with jurors, the defendant is not truly being tried by peers from their own community. This is just one example of the ripple effect that restricted access to justice has.

In a society where buzz words like, ‘human rights’ and ‘equality’ are thrown around so much they are literally ubiquitous in all forms of media, what, really, is the point of discussing or advocating these rights if for many they are unenforceable? They turn into mere concepts that we believe we have but for so many, they are out of reach.

The sheer enormity of the ongoing strain on legal resources, on our courts, on our lawyers, is so vast, that at this point it is not just a greater injection of funds that is needed. What we truly require is long term investment in our justice system. Whether it be by matching the growing investment in more police to deal with the expected influx of people brought before the courts, further education of legal rights and procedures to those who are vulnerable, or even just basic investment in improving court capacity through infrastructure. Attacking the issue from all angles, will allow for long term problem solving rather than putting a band aid on a bullet hole.

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Although, for now, the legal community may be able to somewhat ‘turn a blind eye’ to the ‘missing middle’, the reality is, that justice for ‘most’ is no basis for a truly fair legal system, and restricting access to this system, at any level, ultimately impacts the efficiency and integrity of the way we implement the rule of law.

By Sarah Tucker

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Royal Commission: A Lawyer’s Insight into a Royal Commission Alice graduated from Deakin Law in 2012 and was admitted to the bar on 11th December 2013. Originally, Alice aspired to be a psychologist. She was interested specifically in how people behave and why they do what they do.

She found that law was an excellent complementary study for psychology.

As soon as she started studying law, she realised she actually wanted to be a lawyer. Her favourite subjects at Deakin were Civil Procedure, Law Clinic and Legal Principles & Skills. In addition to her work in Government Law, with a focus in Family Violence Prevention and Criminal Prosecution, Alice taught as a tutor at Deakin for many years. In 2015, Alice was a witness for Victoria Police in the Royal Commission into Family Violence.

How did you become involved in the Royal Commission?

I had been working for 2 years as a solicitor on behalf of Victoria Police for intervention order applications. The royal commission had commenced, and the terms of reference had been released. I was approached by my supervisor to attend a meeting with counsel assisting the Commission. At the end of that meeting I was advised that I would be one of roughly 14 witnesses for Victoria Police. I felt very excited and nervous as I was a very junior lawyer, but I am very passionate about the prevention of family violence and I hoped to contribute meaningfully to the Commission.

What was your role or expertise in the Commission?

I was asked specifically to discuss the day to day duties and tasks of a family violence lawyer representing police applicants. My job everyday was to attend at court and to respond to applications that had been made by police members to protect people who require protection of the family violence or personal safety legislation. They wanted to ask me if there were areas of the law that weren’t working in reality, in the way that they were hoping they would when the legislation was written.

Tell us about the process of being involved as a witness.

The Commission evidence is different to giving evidence in a litigious proceeding. It was in an old courtroom, so that helped me feel more comfortable! I actually went the day before I gave evidence and watched the Commission, so I knew what to expect. I wanted to see how the Commissioner spoke to the witnesses, which was very professionally and respectfully. One the day, I met with the very senior legal members of Vic Police, as well as the barristers assisting the Commissioners and lawyers representing Vic Police. I was put on a panel with two of my colleagues, to 94

respond to questions together and discuss our observations from practise and experience in Court. I was sworn in to give evidence and questioned by a QC and asked about my written statement and experience for about an hour and a half, before being formally excused. I was very aware that I was being livestreamed the whole time, which doesn’t really happen in any court process in Victoria.

My statement is over 100 pages, but one of the focuses of the Commission was to get comments from forthcoming witnesses about what previous witnesses had said. For example, I was asked to redo our statements to also comment on our experiences with people who had identified with issues of economic violence in their relationship. That happened pretty constantly during the hearings and there’s a lot of work done behind the scenes. The witness statements were very comprehensive! I was also supported by other lawyers to ensure it was an accurate representation of the police lawyers as a collective, even though it was put forward as my opinion and statement.

My name is in the Commission report now forever as being a person who was involved in supporting the changes that will come into place in Victoria to better protect family violence victims and that’s something of which I’m very proud. It has allowed me to be recognised as a professional advisor in relation to family violence matters and personally, it is a wonderful addition to my resume.

Did you think Royal Commission in general can have a positive effect on changing the law?

In terms of the commission itself, they’re quite rare despite the fact that there has been a few in recent years. A commission is generally a wonderful tool because there is a definite focus on how we could make the law better.

The law, as we’re required to learn it, is such a reactive thing; to have an opportunity to see a number of very wise legal minds working together to proactively think about how that law could be set up so that it will react better in future was really fascinating. I think anything that promotes community engagement in law and considers future projections on the application of law and focuses on the legal community considering and learning from what has come before is incredibly important. It is a powerful tool in our legal system. The difficulty for Royal Commissions is that the enforceability for their recommendations is limited and has always been, historically. The Royal Commission as a premise and tool for change is a really important 95

thing, even though it is a significant use of resources. Law is reactive and designed to look at what has happened in the past, but we should also be looking towards how we can do things better in the future and that is the purpose of a Royal Commission.

Do you have any advice for law students hoping to contribute to a Royal Commission in their legal careers?

I think if you ever have an opportunity to be involved with a Royal Commission or work on one, that is something you should definitely take up! It is really important as a law student to look at the law from different perspectives.

Whilst you’re trying to learn the black letter law and understand what the legislation says, spend some time really thinking about the practical impact of certain laws or considering how people will actually be affected by law.

I think that makes you a better lawyer in the long term because you’re thinking about more than just the words on the page. Deakin is a great university for leading the way in teaching actual practical skills. That allowed me to have a professional representation in the Royal Commission, amongst many other intimidating and successful characters. I was able to enjoy that experience because I had that support as a student.

The Royal Commission into Family Violence report and recommendations can be found at http://www.rcfv.com.au/Report-Recommendations if you would like more information.

By Sarah Cooney

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Organ Donation: Should Australia Adopt the Opt-out System of Organ Donations I ask you…… What is the ultimate gift to a stranger?

A house?

A holiday?

What about when you die the gift of your organs.

In fact, according to the SMH in 2015 80- 90% of Australians support organ donation yet surprisingly we lag behind that of 21 other countries. We have 5 times the number of people on the organ waiting list.

At the moment, Australia has the system where it requires you to make an active and conscience decision to register to be a willing donor.

It’s clearly not working.

I believe that Australia needs to explore the alternative ‘opt out system’ for organ donation.

If we change the system and adopt the opt out option we may see; • Increase in the pool of potential donors, potentially saving more lives • Laws aligned with community values, promoting action and removing apathy.

• An increase in acceptance of organ donation, reducing the incidence of family veto.

Of course, along with the change in law there would also need to be a huge education program in the community and in the medical profession.

Doctors would need to be well rehearsed in the dialogue that would need to take place with grieving families. Thus, the opt out system with education is the way forward.

So, let’s crunch the numbers…

The most important reason to adopt the opt out system is because it will be an effective way to increase the pool of potential donors. Figures suggest, again in the SMH in September 2015 and British Medical Journal in 2009, 97

the new system could see an increase of donation rates of 20% in the first few years, Now these figures are based on countries such as Singapore, Austria and Belgium.

How can we ignore such outstanding results?

Now let’s consider community values and apathy…

Let’s make it easy for Australians to do the right thing…let’s take the burden of registration away.

Entrenched within Australian culture is the ‘go with the flow’ and ‘live life to the fullest’ kind of attitude. We generally don’t discuss our deaths.

As Chris Thomas, commented once SMH, “We don’t necessarily think about our own mortality, and what we want to do with the things we leave behind, or physical possessions or our organs.”

If we are to lift the organ donation rate, this must change. We need to start to be a proactive society and have informed discussion about what we want when we die. It’s interesting that when we start the discussions, most people agree with organ donation yet have not registered their consent Seems ridiculous. Other countries had similar experiences. It is time too that Australian law reflected Australian values.

As published in a report by the Australian Organ Authority website, “The majority of Australians are generally willing to become organ and tissue donors” Some still worry about the presumed consent model because they freak out at the possibility of someone’s organs being removed against their consent.

We don’t want an error, how dreadful that would be.

I appreciate that for moral, religious or personal reasons a minority of people will be opposed to the donation of their organs. But really, with necessary publicity with the potential introduction of the opt in system, (like in wales 98

they had a 2 year intro period) anyone who wants to object can take the action to “opt out”.

If you are so against organ donation… it’s your responsibility to opt out.

We could have a system that is simple and confidential, avoiding a negative social stigma should one decide to opt out. Presumed consent reflects majority of Australians beliefs and respects the views of those who are opposed.

Now let’s consider the families……

We all dread the thought of a loved one dying in a sudden and tragic accident.

It would be very emotional and confronting at the time of tragedy to also have to be think about a what to do with a loved one’s organs.

The SMH reported when confronted with question of what to do with your loved one’s organs, in the time of stress and grief often the easiest decision is to reject it.

What a waste.

The importance of families understanding the valuable gift of organ donation is crucial given the fact that the families can still veto the opt out law. Perhaps, if it is common place, an Australian norm, less families will veto their organ donation. In time when families are in grief, there response will be acceptance not rejection. Presumed consent of organs mean that most families can honor what must people want.

With the changes in law, the topic of organ donation will be a hot topic in the media, people will have more discussion about such a sensitive topic.

Conversations will be triggered, wishes will be made clear.

Organ donation will be in your face….it will be expected.

A normal Australian practice. This make it apart of Australian culture.

Increasing family acceptance, reducing the rate of family veto.

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Let’s make organ donation common place…. let’s adopt the presumed consent model.

Most of us agree with organ donation…let’s make it a reality.

With the opt out system, by doing nothing, we are doing something incredible.

So, I ask you again what is the ultimate gift? a house A holiday or …

A liver A lung A heart All remarkable gifts to strangers.

By Lucy Grotjan

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Animal Law: Australia New Zealand Intervarsity Moot on Animal Law In September last year I had the pleasure to represent Deakin in the Australia New Zealand Intervarsity Moot on Animal Law (ANIMAL) sponsored by Voiceless. ANIMAL was not only a fantastic opportunity to meet law students from across Australia and New Zealand, but it was also an eye-opening experience learning about how animals and the law interact.

ANIMAL 2017’s moot question examined the relationship between Animals and the Competition and Consumer Act 2010 (Cth). Under the Act animals are considered in the same terms as any other product, such as a toaster or pair of shoes. The moot not only involved legal debate, but also raised ethical considerations, discussing how it could be ethical to ask for a refund for an animal, and how to navigate a ‘defective product’ when that product is a living and breathing creature.

Animal law is derived from a complicated tapestry of different legal sources and expands outside of the Competition and Consumer Act 2010 (Cth).

Animal protection advocacy often reaches our newspapers and television screens as animal protection sparks public interest. This can include the exploration of international law and its application in illegal whaling or ivory trades. However, the intricate nature of animal protection and the law is difficult to understand when examining one or two instances alone.

Luckily, animal protection laws are gaining traction within Victoria, with many opportunities arising for law students and lawyers. Participating in the ANIMAL moot was an eye opening and educational experience, and I would highly recommend it to any student interested in advocating for the voiceless. If you are interested in learning more about animal protection law, the Animal Law Institute runs events throughout the year, including Animal Law Week, information sessions and the ANIMAL Moot, which will be held later this year.

By Jessie Nygh

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Constitutional Human Rights: Should Australia Have a Bill of Rights?

Constitutional or legislative) to protect its citizens. The question of whether or not Australia should have a Bill of Rights has remained a passionately debated and contentious topic in the Australian legal and political climate for many years. A Bill of Rights contains those human rights which are considered the most important rights to the citizens of the nation which the Bill covers. So, would we be more protected as citizens if we did have a Bill of Rights? Or would it not really change anything?

As Australia has no Bill of Rights, human rights are protected in different ways. The Constitution, common law and legislation all contribute to protecting citizen’s rights. These are not considered truly “protected” rights, largely due to the ability of elected politicians to amend these laws. Critics also contend that a Bill of Rights is unnecessary because Australia has already ratified the most fundamental human rights in treaties that have been introduced by the UN, such as the International Convention on the Elimination of all forms of Racial Discrimination and the Convention on the Rights of the Child.

Furthermore, a shift to a Constitutional Bill of Rights raises concerns regarding the shift of power from elected, representative governments to an unelected judiciary – potentially resulting in a significant destruction to the separation of powers. If a statutory Bill of Rights were adapted, there are apprehensions that citizens may become attached to the rights contained at the commencement of the Bill and be scared of or reluctant towards any amendments that need to be made as society changes.

Supporters to a Bill disagree with this thinking, contending that Australia’s Constitution already gives the judiciary a lot of power, and there are no critics who are saying that because of that power we should not have a Constitution.

Those in support of introducing a Bill of Rights feel that Australia needs to introduce one in order to rebuild its standing as a nation which respects and protects the rights and liberties of its people. There are concerns that Australia’s international status is being affected by seeming to not act in the best interests of protecting its citizens. An important purpose of a Bill of Rights is to protect against misuse and abuse of power by the parliament.

Having a number of classes is society who particularly lack human rights protection, such as Indigenous Australians, the elderly, and LGTBQ+ community, it is crucial to make sure that citizens are protected.

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A vast majority of Australian citizens enjoy fortunate degrees of freedom, protection and opportunities in one of the most democratic countries in the world. However, this does not mean that enough is being done. A Bill of Rights would be more to the country’s benefit than its detriment. Australia needs to put the values and rights of its citizens ahead of any political agenda. Whilst a Bill of Rights alone will not protect the rights of its people, it would help to better protect citizens. The question of a Bill of Rights is definitely one which warrants public attention and debate, and the answer should be sought in the best interests of the nation’s people.

By Camille Johnstone

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Data Privacy Rights: Trump, Brexit and Cambridge Analytica The Trump election in 2017 and the Brexit decision in 2016 have more in common than you think. Besides taking the majority consensus by surprise, both have alleged ties with Cambridge Analytica; the company that harvested Facebook data and transformed it into ‘psychographic profiles’, which were strategically used to manipulate political affairs.

So, how did Cambridge Analytica get such influential data, and how did they modify it into a useful asset for political parties? Well, do you remember the quizzes on early Facebook like ‘What kind of person will you end up with?’

Researcher Aleksandr Kogan developed similar quizzes in 2014 to ‘harvest private information from the Facebook profiles of more than 50 million users without their permission’. Although only 270,000 people partook in Kogan’s personality quizzes, Kogan developed an algorithm to extract personal data from the friends of the people who had taken his quizzes.

Kogan had modelled the personality quizzes from legitimate applications created by the Cambridge University Psychometrics Centre, and through the combination of quiz answers and private information, Cambridge Analytica created ‘psychographic profiles’ targeted to identify personality traits that political parties could exploit to gain popularity. Now, its possible that two of the most impactful recent political decisions just co-incidentally employed Cambridge Analytica, but it could also be an indicator of how accurately and effectively these psychographic profiles can be used to identify and target crucial voters.

The majority consensus within Western Europe throughout the Brexit campaign was that the U.K would remain in the E.U, and that support for Brexit was in the minority. Therefor, when the referendum results supported the move instigated by the ‘Vote Leave’ campaign, many were surprised. It’s alleged that the insight provided by Cambridge Analytica’s psychographic profiles identified the population that would support ‘Vote Leave’ if targeted correctly, which was then integrated into Brexits overall campaign strategy.

In comparison, the ties between Cambridge Analytica and the 2017 Trump campaign are undisputed. In March this year, Mr Wiley (the Cambridge Analytica whistleblower) came forward and gave evidence on the connection, including emails detailing the personality traits of identifiable American voters, and how these voters could be targeted to influence their behavior.

Not to mention the relationship between Robert Mercer, one of the Republican party’s biggest contributors, and Cambridge Anlaytica; including the fact that Mercer’s daughter is on the board of Cambridge. Public opinion 104

in America was that Trump was unlikely to actually win the presidential campaign because of… well… how radical, unqualified and obnoxious every fiber of his being was. Yet once again, Trump’s win came as a shocking and disturbing surprise for the global community.

It’s scary to think that data manipulation could have such a huge effect on two of the most revolutionary western political movements; and that the data that we ourselves have provided to social media could have been used for that purpose. Perhaps it’s a testament to the frightening accuracy of what our social media information can say about us, and a warning as to what could happen if political campaigns could continue to access this kind of data. Us ‘digital natives’ need to be consciously aware of what we share and must be prepared to take proactive measures to protect it. In saying that, there is silver lining to the Cambridge Analytica scandal. In the wake of investigations into Facebook, legislative reform is imminent and will hopefully provide us with stricter governance and greater protection of our right to privacy

By Ella Richards

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Asylum Seeker Law: Volunteering at Broadmeadows Detention Centre and Policy Regarding Asylum Seekers For a number of years, I have visited Melbourne Immigration Transit Accommodation Centre in Broadmeadows. This is just and confusing and vague way of saying ‘Detention Centre’. I visit in a volunteering capacity, to talk to and interact with those being held in detention. Whilst visiting, I have met, spoken and shared a meal with a number of people. Those held in detention in our suburbs range from individuals who have outstayed visas to those who are seeking asylum in Australia. This short piece will focus on the latter.

Laws and rights surrounding Asylum Seekers and Refugees have always been a hot topic and have been surrounded by debate. In my many visits, I have seen people protest on both sides of the debate, even at the very gates of the Detention Centre.

Australia’s offshore detention policy and laws is well known and notorious for being highlighted as a human rights concern by bodies such as the Human Rights Watch. Amnesty International has released a report in 2017 detailing Australia’s offshore detention policy as ‘inhumane’ and ‘abusive’. However, this is not just an ‘offshore’ issue. There are people suffering in detention in our suburbs too.

Before visiting, one must book a time and detail who they plan to visit. On arrival you are first screened to ensure you are ‘legitimate’ visitors, but don’t be shocked if you are turned away for no reason. You then enter through a heavily guarded hallway to a common room, where you can meet with the detainees. From these meetings I have heard harrowing stories, from people who are the last survivors of their families. Many are Hazara refugees who were targeted by the Taliban in Afghanistan. Many came to Australia on a plane and not by boat. Many miss their families and struggle staying positive whilst their claims for refugee status are processed. A number are sent offshore unexpectedly to places such as Nauru.

What is the answer here? Where do we start? I see meaningful and effective change beginning in an end to mandatory detention and offshore detention policies. No crime has been committed in seeking asylum, yet the most vulnerable are locked in detention. Community processing is a feasible and workable alternative that can instead be implemented. This would even cost the tax payer less! At the crux of this debate is the need to stay informed and educated and let our law makers and local parliamentarians know our 106

This can easily be achieved through a call to your local members office, or even attending a public demonstration such as the ‘March for Refugees’ held every Palm Sunday.

By Annabelle Weinberg

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Corporate Social Responsibility

Workplace transparency is an expectation in many industries, consequently firms’ business processes and procedures are put under the microscope. As a result, there has been a greater emphasis on corporate social responsibility as a way of displaying an organisation’s ethics. Many commercial law firms devote their time and resources to pro bono work but what makes corporate social responsibility different is its effect on the wider community.

Many firms established projects related to environmental conservation with Norton Rose Fulbright vowing to reduce paper and electricity consumption, the use of ethical supply chains by Gadens and Allens’ ‘Save the planet one meal at a time’ initiative. The focus on being environmentally friendly is unsurprising given the political push to be green following the UN Climate Change Conference in 2015. Many firms have also implemented communitybased campaigns as part of their corporate social responsibility. It is important to give back to the community to show the public that these large firms and multi-nationals are not just pursuing profit but also have great social and economic utility. King and Wood Mallesons has lead the way with community engagement by setting up their ‘Aspire’ scholarship to help students fund their tertiary studies.

This year many firms addressed an area of previous deficiency amongst law firms: a focus on mental health. With the Law Institute of Victoria shining a spotlight on the staggering statistics of depression amongst those within the legal profession, firms have pushed to promote mental wellness in the workplace through corporate social responsibility initiatives. This idea has even been facilitated by the Deakin Law Students Society, with Herbert Smith Freehills and Clayton Utz sponsoring mental wellness-focused activities for students.

Corporate social responsibility in law has assisted in drawing attention to key social issues and contributed to finding solutions to problems being faced by the public. In addition to helping firms to gain popularity in the wider community, these initiatives bestow valuable resources and funding to community-based initiatives.

By Anisha Maganty

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LGBT Rights: Marriage and the Constitution The human existence provides credence to two truths; the first being that no such individual or situation is everlasting, the second being that change is the singular constant in our lives. The law, in theory endeavours to uphold the fundamental liberties and rights of those to whom it applies, hence is a perennial evolving field, for it must address, include and reflect the values of society. In multitudinous forms, the legal sphere of 2017 epitomised this notion. Subsequent to Federation (1901), the legal guidelines for society have been pervaded by LGBTQ discrimination. Adoption of UK Anti-homosexual laws, unprecedented arrests, deportations, murders and restrictions (including but not limited to the prohibition of same sex attracted groups from serving in the military) have heavily ostracised the LGBTQ community.

Consistent reinforcement of the law as a protective factor for the perceived Australian ‘majority’, whilst simultaneously being utilised as a weapon against minorities for the sake of upholding tradition propounded sepulchral disillusionment.

In response to such unfathomable atrocities, the LGBTQ community engaged in the sacrifice of personal safety to laboriously strive and succeed in challenging the prejudices which often malign the legal system. Though it cannot be and should not be insinuated there is any such remedy for the injustices committed, an exemplary and purposeful act of the Australian legal system is palpable in the passing of the Marriage Amendment (Definition and Religious Freedoms) Act 2017, in which revised the term marriage as the ‘union of 2 people to the exclusion of all others, voluntarily entered into for life’.

As previously divulged, there is at times a blurred line between the resolve of the law and the societal reality. To many, the law appears a faceless, intimidating figure; there is dissatisfaction, yet uncertainty as to whom and where such should be directed. It is human nature to consider, question and challenge the state of the world around us, which in itself provides incentive to study the law. As young adults, characterised by perceptivity, empathy and a moral focus, it exists an exciting time to initiate entrance into the vastly altering sphere of law. For innumerable years, it has been, as if rehearsed reinforced that injustice prevails as result of an unspoken, yet commonly accepted rule of life that, ‘it is how it is’. Monumental developments in legislature, such as the Marriage Amendment (Definition and Religious Freedoms) Act 2017 divulge the in factual nature of such. What is commonly professed, yet rarely comprehended is the notion that we are able to change 109

the world in which we live. For a lone individual, regardless of the degree they clutch in their hand this is likely to be impossible task, however with the assistance and friendship of one another it is more than feasible, in fact it is already transpiring. Increasing national application and admission into Law School is postulated by societal figureheads as being resultant to uncertainty in regards to what one should like to study; that the degree has become generalised. This influx, however is not resultant to uncertainty in regards to what is desired by the young people of Australia, but instead a firm knowledge of what is to no longer be accepted.

By Sam Ponsford and Kelsey Walker

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Environmental Law: International Environmental Law in the 21st Century: Opinion Piece Arguably, climate change is the greatest threat facing humankind in the 20th century. Rising sea levels, shifting land masses and unpredictable weather patterns are all devastating by-products of global warming. Science tells us that we need to reduce our carbon emission output from dangerously high (and rising) levels before it is too late. However, with a global problem comes the need for a global solution.

Since the 1972 United Nations Conference on the Human Environment, many international frameworks and global treaties have been set up in order to address the increasing problem of climate change. Most notably these have included the United Nations Framework Convention on Climate Change (1992), the Kyoto Protocol (1997) and most recently the Paris Agreement of 2015. Through setting emissions reduction targets and compelling developed nations to assist developing nations with their transition into sustainable economic development, these international agreements have made important strides in facilitating global cooperation to combat climate change.

However, environmental law is not wholly successful. There have been many criticisms regarding these international frameworks; namely that they do not go far enough in reducing climate emissions, they cannot effectively enforce compliance from signatory parties and the withdrawal of major superpowers (and polluters) from these agreements. Most notably, USA’s withdrawal from the Paris Climate Agreement in 2018 was a devastating development for climate policy-makers worldwide. For such a significant global problem that impacts every country (regardless of whether the country is a developing or developed country), we need to have worldwide on climate change policy if we want to have any chance of effectively tackling climate change.

Environmental law is also very much related to social justice. The reality of global warming is that countries who have contributed the least to the problem (the least carbon emissions) are often those who feel the impacts of climate change the hardest. For example, low-lying islands in the pacific are the planet’s must vulnerable to climate change- with rising sea levels meaning that they are losing land at an alarming rate. This disproportionate impact of climate change hampers economic development, interferences with the relationship indigenous cultures have with their land and will lead to an array of other significant social justice issues in the latter half of the 21st century- such as climate refugees.

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Through international cooperation and frameworks set up since 1992, international law has been somewhat successful in addressing significant environmental problems. However, due to the pernicious danger of climate change, it is clear that we must go further in dealing with this problem. Global frameworks need to be stronger in enforcing compliance to ensure that all countries are playing their part in reducing climate change. Climate change is never going to be solved by always prioritising economic development and band-aid solutions. We need countries to take effective action, work together and push for a better world.

By Rebekah de Keijzer

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Featured Piece

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Research Essay Unilateral Humanitarian Intervention: A Mandate of International Law or Merely a Mask for Attacks to Advance National Interests?

INRODUCTION

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ARGUMENTS ON THE LEGALITY OF UNILATERAL HUMANITARIAN INTERVENTION Arguments Disputing the legality of Unilateral Humanitarian Intervention Arguments Propounding the legality of Unilateral Humanitarian Intervention

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NEED FOR CRITERIA

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ICISS PRINCIPLES OF MILITARY INTERVENTION Justa Causa Right Authority Right Intention Last Resort Proportional means Reasonable Prospects of Success

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ADDITIONAL CRITERIA Victims’ Desire for International Relief Avoidance of Unnecessarily Affecting the Authority Structures of the Target State

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CONCLUSION

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INTRODUCTION The past few decades have been ‘disastrous times’1 for human rights. There have been numerous active violations by states of the human rights of their own citizens. In addition, there have been many instances where states have been unable to protect the human rights of their citizens from being violated. In the wake of these events, the concept of unilateral humanitarian intervention, which has been defined as the ‘threat or use of force by one or more states acting without Security Council authorisation’2, gained rapid momentum. There are some who ‘lament the Security Council’s past inability to mobilise UN member states to act in circumstances where intervention was clearly both legitimate and essential’3 and who heartily support the taking up of arms in absence of Security Council authorisation to defend the ‘equal and inalienable rights of all members of the human family’4.

These interventionists hold the opinion that the ‘normal presumption of the integrity of sovereign states be set aside by virtue of the human rights violations that are taking place within their borders’5 so as to facilitate military intervention by outside bodies in the internal affairs of these states. On the other hand, there are those who regard the ‘inviolability of the territorial integrity of states’6 as a fundamental principle of international law and who feel that humanitarian intervention conducted without obtaining express authorisation of the Security Council could be used by the great powers as a Trojan horse to launch attacks on the sovereignty of states. It is therefore of crucial importance to determine whether international law justifies unilateral humanitarian intervention and, if the answer is in the affirmative, to discuss the criteria which should be met before a humanitarian intervention mission is embarked upon unilaterally.

Susan Marks, ‘Human rights in disastrous times’ in James Crawford and Martii Koskenniemi The Cambridge Companion to International Law (Cambridge university Press, 2012) 310.

2 Ryan Goodman, ‘Humanitarian Intervention and Pretexts for War’ (2006) 100:107 American Journal of International Law 1.

3 David Miller ‘The Responsibility to Protect Human Rights’ (Working Paper Series No SJ006) Centre for the Study of Social Justice & Department of Politics and International Relations, May 2007) 4.

4 Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd sess, 183rd plen mtg, UN Doc A/810 (10 December 1948).

5 David Miller, ‘The Responsibility to protect Human Rights’ (Working Paper Series No SJ006) Centre for the Study of Social Justice & Department of Politics and International Relations, May 2007) 2.

6 Malcolm N Shaw, International Law (Cambridge University Press, 6th ed, 2008) 443.

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ARGUMENTS ON THE LEGALITY OF HUMANITARIAN INTERVENTION There are multiple arguments on the legality of unilateral humanitarian intervention. These can be divided into two main categories. The first category is that of arguments which dispute its legality on the basis that it disregards prohibitions7 on the use of force imposed by the United Nations Charter as well as by customary international law for the protection of sovereignty. The second category is that of arguments which propound the legality of such intervention by relying in part on state practice and international norms, a combination of which is said to have significantly altered the technical legal rules contained in the UN Charter and put this kind of intervention under the category of lawful warfare8.

Arguments Disputing the Legality of Unilateral Humanitarian Intervention Article 2(4) of the UN Charter states, ‘All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations’9. A literal interpretation of this provision would yield the meaning that the legal right to use force is withdrawn from the states by the Charter through this section.

This legal right is then transferred to the Security Council through the operation of mainly three Articles: Article 24 which confers on the Security Council the ‘primary responsibility for the maintenance of international peace and security’10, Article 42 which permits the Security Council to take the ‘measures it deems necessary to maintain or restore international peace and security’11 and Article 39 which vests in the Security Council the authority to determine the ‘existence of any threat to the peace, breach of the peace, or act of aggression’12.

However, Article 51, states that ‘Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack Ian Brownlie, International law and the Use of Force by States (Clarendon Press, 1963) 264280.

8 Ian Hurd, ‘Is Humanitarian Intervention Legal? The Rule of Law in an Incoherent World’ (2011) 25(3) Ethics and International Affairs 301.

9 Charter of the United Nations art 2(4).

10 Charter of the United Nations art 24.

11 Charter of the United Nations art 42.

12 Charter of the United Nations art 39.

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occurs’13. As a result, even Article 2(4) cannot function to prevent the use of force if it is in self-defence.

The combined effect of Articles 2(4), 24, 39, 42 and 51 is that states cannot use force against each other unless acting in self-defence or unless the use of force has been sanctioned by the Security Council. From this, it is evident that the provisions of the UN Charter do not make room for unilateral humanitarian intervention. This is because, as aptly put by a representative of Sweden at the UN Security Council, ‘any formal exceptions permitting the use of force or of military intervention in order to achieve certain aims, however laudable, would be bound to be abused, especially by the big and strong, and to pose a threat, especially to the small and weak’14.

However, there exists a different set of arguments that aim to evince the legality of unilateral humanitarian intervention in spite of the fact that the UN Charter outlaws it.

Arguments Propounding the Legality of Unilateral Humanitarian Intervention An argument that could be raised is that although the UN Charter does not allow for unilateral humanitarian intervention, other treaties do. For example, Article 1 of the Genocide Convention states, ’The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and punish’15. Similarly, the treaties that established the African Union made provision for intervention by the Union in its own member states which is contained in Article 4(h) of the African Union’s Constitutive Act16 and grants the Union a right to ‘intervene in a Member State pursuant to a decision of the [AU’s] Assembly in respect of grave circumstances, namely: war crimes, genocide, and crimes against humanity’. It is argued that treaties of this kind be seen as permitting and even encouraging intervention to bring genocidal regimes to an end. However, Article 103 of the UN Charter steps in here and strips treaties of their ability to dispense with the prohibition on intervention by providing that ‘In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations Charter of the United Nations art 51.

Christine Gray, International Law and the Use of Force (Oxford University Press, 2008) 32, 33.

15 Convention on the Prevention and Punishment of the Crime of Genocide, signed 9 December 1948, 78 UNTS 277 (entered into force 12 January 1951) art 1.

16 Constitutive Act of the African Union 2000 (OAU) art 4(h).

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under the present Charter shall prevail’17.

Another argument is that Article 2(4) only forbids attacks against the ‘territorial integrity or political independence of a state’ and that unilateral humanitarian intervention falls outside this provision since it does not attack ‘the territorial integrity or political independence’ of the state which is the target of the intervention. For example, this was the argument presented before the International Court of Justice by the United Kingdom in Corfu Channel (United Kingdom of Great Britain and Northern Ireland v. People’s Republic of Albania)18 where it attempted to claim that the minesweeping it had undertaken in Albanian territorial waters had not violated the sovereignty of Albania. However, this argument is generally met with failure as it did in the Corfu Channel case.

Yet another argument is that repeated violations in practice of Article 2(4) have degraded its value. In 1970, Franck wrote ‘states have violated it, ignored it, run roughshod over it, and explained it away...they have succumbed to the temptation to settle a score, to end a dispute or to pursue their national interest through the use of force’; he also acknowledged that the ‘prohibition against the use of force in relations between states has been eroded beyond recognition’19. In 2001, Glennon corroborated this view by stating that ‘the Charter’s use-of-force regime has all but collapsed. This includes, most prominently, the restraints of the general rule banning use of force among states, set out in Article 2(4)’; he also claimed that ‘international rules concerning the use of force are no longer regarded as obligatory by states’20. The doctrine by which such a state of disuse is allowed to render a law or treaty obsolete is referred to as desuetude. This argument lacks fortitude for the reason that although international law recognises the existence of the concept of desuetude, it is not the practice to render laws ineffective merely due to widespread and/or recurrent transgressions. Take for example, the laws prohibiting homicide. Despite being regularly broken on a massive scale, they stand in full force. Therefore if laws that proscribe the killing of one person by another are continued in the face of repeated violations, then there is no reason why laws banning the arbitrary use of Charter of the United Nations art 103.

ICJ GL No 1 (Official Case No) [1949] ICJ Rep 4.

19 Thomas M. Franck ‘Who Killed Article 2(4)? Or: Changing Norms Governing the Use of Force by States’ 64 American Journal of International Law 809, 810.

20 Michael Glennon ‘The Fog of Law: Self-Defence, Inherence, and Incoherence in Article 51 of the United Nations Charter’ (2002) 25 Harvard Journal of Law and Public Policy 539, 540.

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force by one state against another should not be, especially since this offence has the potential to cause the loss of not one, but millions of lives.

However, even if above discussed arguments cannot be used to brand unilateral humanitarian intervention legal, there are yet other arguments that can be used for this purpose. Unlike the previous argument, the third argument does not dispute the force of Article 2(4) of the UN Charter. Rather, it tries to show that the scope of this article has undergone expansion as a result of namely two factors; prevailing state practice and the emergence of a humanitarian norm21 .Evidence of both of these factors is garnered from a plethora of sources including: • • •

Statements made by representatives of the United Nations as well as those made by the representatives of individual state governments Instances where states justified their use of force by citing humanitarian intervention as their purpose Analyses of legal theorists

The fourth argument builds upon the principle of contingent sovereignty which is based on the notion that ‘sovereignty is contingent upon a state’s discharging certain responsibilities’22 particularly those related to upholding the human rights of its citizens .This implies that in ‘cases where the existence of humanitarian crises has been established’23, states’ claims to sovereignty are nullified and intervention is permitted. This is because ‘the ultimate justification of the existence of states is the protection and enforcement of the natural rights of citizens’24 and therefore, ‘a government that engages in substantial violations of human rights betrays the very purpose for which it exists and so forfeits not only its domestic legitimacy but its international legitimacy as well’25. This argument is well fleshed out by supporting works of renowned figures in world politics and international diplomacy who Michael J. Smith ‘Humanitarian Intervention: An Overview of the Ethical Issues’ (1998) 12 Ethics & International Affairs 66.

22 Stuart Elden, ‘Contingent Sovereignty, Territorial Integrity and the Sanctity of Borders’ (2006) 26(1) SAIS Review 11-24.

23 Larry May War: Essays on Political Philosophy (Cambridge University Press, 2008) 92.

24 Fernando R. Teson, Humanitarian Intervention: An Inquiry into Law and Morality (Transnational Publications, 1998) 15, 16.

25 Kirthi Jayakumar Humanitarian Intervention: A Legal Analysis (6 February 2012) E-International Relations http://www.e-ir.info/2012/02/06/humanitarian-intervention-a-legalanalysis/ .

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write that ‘even the strongest supporters of state sovereignty will admit today that no state holds unlimited power to do what it wants to its own people’ and who acknowledge that ‘sovereignty implies a dual responsibility; externally, to respect the sovereignty of other states, and internally, to respect the dignity and basic rights of all the people within the state’26. More prominently, in 1998, former UN Secretary General Kofi Annan famously stated that ‘state frontiers . . . should no longer be seen as watertight protection for war criminals and mass murderers’27 and this view was also maintained by his successor and current UN Secretary General Ban Ki Moon. Even in international human rights covenants, United Nations practice as well as in the practice of certain states, it is understood that only states who shoulder this dual responsibility shall be allowed to retain their sovereignty.

NEED FOR CRITERIA Summing up, all the arguments in the previous section attempt to demonstrate that unilateral humanitarian intervention is accommodated within the structures of international law and due to the presence and rather convincing nature of some of these arguments, unilateral humanitarian intervention cannot be granted an illegal status at international law.

The inability to do so has the potential of paving the way for wrongful interventions in which the protection of human rights is no more than an ostensible purpose. In order to avert such happenings, the fulfilment of certain criteria prior to initiating unilateral humanitarian intervention should be made a compulsion. Six criteria that are collectively referred to as the ‘Principles of Military Intervention’ have been laid down by the International Commission on Intervention and State Sovereignty (ICISS) and these are examined in the section below: ICISS PRINCIPLES OF MILITARY INTERVENTION Justa causa The first criterion is that there must be a just cause for the intervention. In other words, the state at which the intervention is to be directed must possess some Gareth Evans and Mohamed Sahnoun, ‘The Responsibility To Protect’ (2002) 81, 6 Foreign Affairs 102.

27 Thomas G. Weiss and Ramesh Thakur Global Governance and the UN (Indiana University Press 2010) 318.

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form of guilt28. The ICISS has specified that the form of guilt required to give the green signal for intervention is ‘genocide and large scale ethnic cleansing’29.

However, many others rightly argue that this should not be all that can license intervention and in the year 1945, France stated that ‘the clear violation of essential liberties and of human rights constitutes a threat capable of compromising peace’30. However, Intervention should only be carried out to protect rights such as the Right to Life, Liberty and Security of the Person31 and the Right to Freedom from Torture and Cruel, Inhuman or Degrading Treatment32, violations of which can involve an immediate risk of serious injury or death. Intervention cannot be justified simply because a government is denying its citizens human rights which generally do not require urgent protection such as the Right to Rest and Leisure33, the Right to Marriage34 or the Right to Freely Participate in the Cultural Life of a Community35. It is now widely recognised that all atrocities which stagger humanity such as torture, rape, expulsion, war crimes etc. should warrant intervention by outside powers and that an occurrence that meets a ‘shock Sean D. Murphy, Humanitarian Intervention (University of Pennsylvania Press, Philadelphia 1996) 40, 41.

29 Eve Massingham, ‘Military intervention for humanitarian purposes: does the Responsibility to Protect doctrine advance the legality of the use of force for humanitarian ends?’ (2009) 91, 876 International Review of the Red Cross 817.

30 Thomas M. Franck ‘Interpretation and Change in the Law of Humanitarian Intervention’ in Jeffrey L. Holzgrefe and Robert O. Keohane (Eds), Humanitarian Intervention Ethical, Legal and Political Dilemmas (Cambridge University Press, Cambridge, 2003) 207.

31 Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd sess, 183rd plen mtg, UN Doc A/810 (10 December 1948) art 3; International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976) art 6,9.

32 Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd sess, 183rd plen mtg, UN Doc A/810 (10 December 1948) art 5; International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976) art 7.

33 Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd sess, 183rd plen mtg, UN Doc A/810 (10 December 1948) art 24; International Covenant on Economic, Social and Cultural Rights, opened for signature 16 December 1966, 993 UNTS 3 (entered into force 3 January 1976) art 7 (d).

34 Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd sess, 183rd plen mtg, UN Doc A/810 (10 December 1948) art 16; International Covenant on Economic, Social and Cultural Rights, opened for signature 16 December 1966, 993 UNTS 3 (entered into force 3 January 1976) art 10 (1).

35 Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd sess, 183rd plen mtg, UN Doc A/810 (10 December 1948) art 27; International Covenant on Economic, Social and Cultural Rights, opened for signature 16 December 1966, 993 UNTS 3 (entered into force 3 January 1976) art 15 (1) (a).

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the conscience’ standard, such as the suffering inflicted on the people of East Pakistan by the Pakistani Government in 197136, can be considered a just cause for intervention.

Right Authority The second criterion is that the intervention must receive authorisation from the right source. The ICISS dictates that first, an attempt must always be made to procure authorisation from the Security Council37.

However, the Security Council has not been dealing with these matters in a very consistent or efficient manner and on many occasions has acted late, acted hesitantly or completely failed to act38. The reason behind this is that all the five permanent members of the UN Security Council, namely US, UK, Russia, France and China, have very different geopolitical interests and agendas and it is therefore hard to gain a unanimous consensus on this issue. The difficulty of acquiring a Security Council tag of approval on an intervention is augmented by the fact that each of the five permanent members of the Security Council holds a veto power which has the effect that even if all the other permanent members as well as all the non-permanent members vote for a particular decision, the decision can be stalled by a remaining permanent member’s negative vote.

Therefore, in cases where the Security Council fails to address such issues with the requisite amount of urgency, states must not simply stand by and watch the horror unfold. Instead, they must turn to other methods to get the use of force authorised. One such a method through which the use of force can be authorised is obtaining a two-thirds majority in an Emergency Special Session of the UN General Assembly that can be convened when matters as important as humanitarian intervention are in issue39. Also, it is increasingly being argued that when the Security Council is deadlocked over an intervention issue, an intervention that is not authorised by the Security Council should not be illegitimate if it has the support of Regional Security UNSCOR, 26th sess, 1606th mtg (4 December 1971) 14.

International Commission on Intervention and State Sovereignty (ICISS),The Responsibility to Protect, International Development Research Centre, Ottawa (2001) 53.

38 Report of the High-Level Panel on Threats, Challenges and Change, A more secure world: our shared responsibility, UN Doc. A/59/565 (2004) 202.

39 International Commission on Intervention and State Sovereignty (ICISS),The Responsibility to Protect, International Development Research Centre, Ottawa (2001) 53.

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Organisations; the ICISS goes as far as to state that there is ‘certain leeway for future action in this regard’40.

Right Intention The third criterion states that the primary purpose of an intervention must be to halt or avert human suffering41 .The only reason why this does not need to be the sole purpose of an intervention is that ‘states don’t send their soldiers into other states … only in order to save lives’42 and it is impossible to prevent the intrusion of considerations of national interest upon decisions concerning humanitarian intervention43.

Last Resort The fourth criterion is that intervention must only be invoked in rare and extreme cases where all other means of peaceful dispute resolution have been of no avail44 during the pre-crisis phase which is the period of time in which the humanitarian need has not escalated to a critical point45. This criterion gives the international community adequate time to defuse problems before they are elevated to crises dimensions. However, it sometimes so happens that a crisis crops up suddenly and the Security Council gets into a deadlock over the question of intervention. In such cases, this criterion shall no longer need to be met since then unilateral humanitarian intervention shall be the only means to provide timely relief to those affected.

Proportional means The fifth criterion is that ‘the scale, duration and intensity of the planned military intervention should be the minimum necessary to secure the humanitarian objective in question’46. As articulated by the Independent International Commission for Kosovo, ‘the method of intervention must Ibid 54.

International Commission on Intervention and State Sovereignty (ICISS),The Responsibility to Protect, International Development Research Centre, Ottawa (2001) 35.

42 Michael Walzer, Just and Unjust Wars: A Moral Argument with Historical Illustrations (Basic Books 1977) 101,102.

43 Mohammed Ayoob, ‘Humanitarian Intervention and State Sovereignty’ (2002) 6, 1 International Journal of Human Rights 85.

44 Charter of the United Nations art 2(3).

45 David J. Scheffer, ‘Toward a Modem Doctrine of Humanitarian Intervention’ (1992) 23 University of Toledo Law Review 253.

46 International Commission on Intervention and State Sovereignty (ICISS), The Responsibility to Protect, International Development Research Centre, Ottawa (2001) 37.

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be reasonably calculated to end the humanitarian catastrophe as rapidly as possible’47. In other words, both the force applied and the duration for which this force is applied must be limited. This criterion avoids the risk of intervening powers remaining in occupation of the territory of another state for prolonged periods of time and assuming quasi-Imperial roles during these time periods. However, this criterion definitely does not mean that the intervening power must withdraw even when there are chances of human rights abuses resuming on an equally deadly or even deadlier scale; in addition to a responsibility to restore peace and security in the troubled area, the intervening forces have a responsibility to invest the requisite time, money and energy to police the conflict and rebuild the failed polity so as to ensure that trouble does not re-erupt for a considerable span of time in the future.

Reasonable Prospects Of Success The ICISS notes that ‘military intervention is not justified if actual protection cannot be achieved or if the consequences of embarking upon the intervention are likely to be worse than if there is no action at all’48 ; this unfortunately took place in the cases of Afghanistan and Iraq where intervention led to the deterioration of situations rather than amelioration. It remains unclear, though, how it can be determined whether a proposed intervention has reasonable prospects of success. One option is consulting military strategists. However, there are chances that even experts such as these might make an inaccurate evaluation on the probability of the success of an intervention. Consequently, there seems to be a pressing need to develop sub-criteria to aid in this evaluation.

ADDITIONAL CRITERIA Many feel that these six criteria are not all that is needed in order to ascertain whether a proposed intervention is necessary and/or proportionate and that there are other vital criteria that need to be considered in addition to the ICISS ones. These criteria are outlined below: Victims’ desire for international relief In the midst of a humanitarian crisis, a state’s affairs can generally be Independent International Commission on Kosovo, Kosovo Report (2000) 194.

International Commission on Intervention and State Sovereignty (ICISS), The Responsibility to Protect, International Development Research Centre, Ottawa (2001).

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intervened in. However, this cannot be done when ‘the victims themselves prefer to tolerate their government rather than see their state invaded’49.

In the end therefore, an intervention can only be legitimate if the victims themselves are willing to revolt against a tyrannical authoritative power and if they welcome foreign invasion for this purpose50. In determining whether the victims desire intervention, regard should be paid to the fact that tyrannical powers can undermine the ability of the oppressed peoples to reach out for help. Therefore, the absence of an express request for humanitarian intervention should not be read as a lack of desire for international relief.

However, only a request for relief made by a true representative of the will of the oppressed people should be acted upon. Such a representative can be an individual or an organisation. This precaution helps to ensure that rogue leaders of minor factions do not attempt to overthrow those in power in their state by making such requests to the international community at large.

Avoidance of Unnecessarily Affecting the Authority Structures of the Target State An intervenor must not be allowed to alter the internal authority structures of a state unless where ‘the overthrow of the government in power or even secession of a part of the population appears to be the only available means of putting an end to ongoing or threatened human rights violations of particular gravity’51. In fact, it has been suggested that even in such a case, it is best that the overthrow of internal authority structures of a state be carried out after getting UN Security Council authorisation. This is because allowing ‘unilateral action in such cases would be to permit all manner of self-serving claims for the overthrow of authority structures’.52

Fernando R. Teson, Humanitarian Intervention: An Inquiry into Law and Morality (Transnational Publications, 1998) 53.

50 Ibid 91.

51 Jean-Pierre Fonteyne, ‘The Customary International Law Doctrine of Humanitarian Intervention: Its Current Validity Under the U.N. Charter’ (1974) 4 California Western International Law .Journal 263.

52 John Norton Moore, ‘The Control of Foreign Intervention in Internal Conflicts’ (1969), 9 Virginia Journal of International Law 205, 264.

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CONCLUSION It cannot be said that unilateral humanitarian intervention is illegal without being met by dispute. However, imposing a strict requirement of adherence to certain criteria (including the six criteria laid down by the ICISS as well as the two additional ones) would have the effect of significantly narrowing the threshold of unilateral humanitarian intervention53 and lowering the likelihood of states using humanitarian intervention to cloak ulterior motives.

Therefore, although unilateral humanitarian intervention cannot be deemed illegal, these criteria can help to make unilateral humanitarian intervention as legitimate as possible. Due to this, they should no longer remain merely suggestions in a report or parts of academic commentary. Instead, they should be made obligatory on all states seeking to carry out unilateral humanitarian intervention. This can be done by drafting a multilateral treaty through which member states of the United Nations agree to respect these criteria during their unilateral humanitarian interventions. Moreover, the ramifications of the breach of this treaty must be not be limited to temporary suspension of other parties’ obligations under the treaty to the party that has breached the treaty. Rather, they should be severe enough to deter states from the breach of this treaty. This is the only way by which some form of effective control can be exercised on the otherwise predominantly unregulated practice of unilateral humanitarian intervention and by which the risk of misuse of this practice can be minimised.

Nicholas J. Wheeler ‘Legitimating Humanitarian Intervention: Principles and Procedures’ (2001) 2(2) Melbourne Journal of International Law 550.

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MLL351 Legal Internship

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MLL351 Legal Internship is a 1-credit point unit which enables students to gain an appreciation of certain aspects of legal practice with a selection of host organisations that include a range of Community Legal Centres (CLCs), Victoria Legal Aid and other independent legal services. This unit allows students to extend and deepen their theoretical knowledge of the law by working under supervision of a lawyer. During their placement in the law firm or legal service, students will receive instruction in the following areas of legal practice: • taking instructions and client interviewing; • dispute resolution and negotiation; • legal writing; • legal research and problem-solving; • the litigation process; • advocacy.

External placement opportunities such as those offered in MLL351 allow law students to gain experience in a variety of areas, including those that deal with social justice issues. These placements present an opportunity for students to acquire further volunteering and employment opportunities.

The opportunity to gain experience in the legal profession enables students to better prepare for the workplace, including a better understanding of what it is to be a lawyer in practice, what the law can achieve for vulnerable members of the community and developing crucial practical legal skills.

What is the workload commitment?

• A mandatory induction at Deakin Downtown prior to enrolment • Completion of at least 15 fulltime days in total to be eligible to pass the unit What are the assessment requirements?

• Assessment 1 - Journal (Individual) – 2500 - 5000 words - 35% • Assessment 2 - Host Assessment (Individual) - 60% • Assessment 3 - CloudDeakin Participation (Individual) - Students must post at least two substantial comments/reflections in relation to their placement experience - 5%

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Can I apply?

It is expected that students undertaking this unit have completed at least 16 credit points towards their degree, including MLL335 Legal Practice and Ethics. Certain host organisations require students to complete a relevant substantive law unit (eg. family law) as a precondition to acceptance.

If you are interested in applying to undertake MLL351 Legal Internship, visit deakin.edu.au/legal-internship for more information.

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Best of luck on your volunteering journey!

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