Law Access Awarded UNAAWA Human Rights Award

Law Access Awarded 2021 UNAAWA Human Rights Award

An article submitted by Dominique Hansen, Chief Executive Officer, Law Access

Photo: L – R: Matthew Howard SC, Board Member Law Access; Dominique Hansen, CEO Law Access; Randhir Amoganathan, UNAAWA Human Rights Committee; Georgia Pickering, Principal Lawyer Law Access; Elizabeth Lang, Finalist UNAAWA Human Rights Award.

UNAAWA connects Western Australians with the United Nations in order to promote justice, peace, security and sustainable development for present and future generations.

Law Access was honoured to be awarded the 2021 UNAAWA Human Rights Award at a ceremony held on 22 October 2021. The Excellence in Human Rights Promotion Award recognised the work of Law Access as an outstanding contribution to the promotion of human rights in WA. The award reflects the contribution of the many pro bono lawyers and volunteers who we rely on to deliver our service.

Below are some comments Law Access received from the judging panel: “The judges enjoyed learning about your advocacy for those in need of legal representation in the Western Australian community. You have had an outstanding impact; providing assistance to those in need but unable to afford representation, education about the rights they are entitled to and challenging the status quo – to name a few.”

“Your nomination demonstrated innovation and a strong commitment to volunteerism that has directly contributed to Australia’s achievement of SDG goals. It is the dedication and energy of local Champions like yourself that makes a difference in the community.” Established by our founder and parent body the Law Society of Western Australia in collaboration with our many stakeholders, Law Access has delivered a state-wide pro bono legal referral service since 1 July 2015. Our service works to improve access to justice for the most disadvantaged and marginalised people in Western Australia, and, in doing so, to promote and uphold their human rights. Two -thirds of applications received by Law Access in FY2021 were civil law matters. This is our highest area of unmet legal need followed by Family and Criminal Law.

Criminal law

Law Access provides pro bono assistance in criminal law matters where legal assistance from legal aid or community legal centres or the Aboriginal Legal Service of WA is not available. This is of particular concern for applicants facing potential imprisonment in WA in the Magistrates Courts. Law Access is determined to play its part in ensuring that accused persons are able to exercise their right to legal representation. Law Access and its referral partners strive to provide applicants charged with a criminal offence with the minimum requirements owed to an accused person, such as information about, and an understanding of, the nature and cause of the charge, legal assistance of their choosing, and the free assistance of an interpreter if necessary.

Immigration (a subset of civil law)

Law Access enables applicants to challenge decisions made in this rapidly evolving area of law and are grateful to work with lawyers who are committed to ensuring decisions are made fairly and in accordance with the law. Law Access established the Lawyers for Refugees Network in response to unmet legal need for asylum seekers at judicial review. Lawyers in the Network have since assisted large numbers of “legacy caseload” asylum seekers who arrived by boat after the relevant change in Commonwealth law in 2013.

Family law

Whilst it is more difficult to refer family legal matters on for pro bono assistance due to the relatively small size of the family law profession and the complexity and duration of many family law matters, Law Access continues to aim to better understand and explain the extent of unmet legal need in this area of law and to help as many people as we can.

In order to maximise the impact of the limited available family law pro bono resources, Law Access prioritises people at risk of homelessness, including those affected by family and domestic violence who seek assistance with property settlement matters. We also prioritise assistance for families facing statutory intervention in Children’s Court proceedings with limited or no legal representation. Such proceedings have the potential to split families up and, therefore, to impact their human rights.

ensuring Pro Bono Culture Thrives in Western Australia

Law Access works hard to undertake policy and advocacy in areas of unmet legal need. We also continue to foster pro bono engagement within the Western Australian legal profession by developing a sense of community and connection among legal professionals engaging in pro bono work. We promote opportunities for pro bono lawyers to take our referrals through our networks and through the various professional associations, and provide referral lawyers with support, and, where necessary, training in areas of high unmet legal need. Pro Bono Lawyers who take our referrals donate extensive time and expertise to the community and each year we issue certificates of appreciation to express our thanks to those lawyers for being part of the pro bono legal community. We also hold an annual Law Access Walk for Justice on the Tuesday of National Law Week each year. This provides an opportunity for the pro bono community to come together to highlight unmet legal need and to celebrate the pro bono legal community’s achievements.

We look forward to growing our service in order to assist even more marginalised people in Western Australia to achieve access to justice.