Issue
2.5!
BEGIN AGAIN
2020
Now with even more content!
TORTS ILLUSTRATED ISSUE 2, 2020
Contents ACTING UP: PG 21
FROM THE PRESS ROOM.........4 PUBLICATIONS IN 2021.....5 QUTLS HIGHLIGHTS........7
STUDENT SUBMISSIONS..........11 BEGIN AGAIN POEM...............12
AUSTRALIA’S FIRST FEMALE LAWYERS.............13
AN INTERVIEW WITH CATHERINE.............17
A NEW FRONTIER AND A BRIGHTER TOMORROW..............21
QUEENSLAND’S HUMAN RIGHTS ACT.............23 AN ODE TO BLUEY.............25
CONSTITUTION & INTERSTATE TRAVEL.............26 IMPOSTER SYNDROME..................27
A NEW FRONTIER...: PG 19
TORTS ILLUSTRATED ISSUE 2, 2020 The QUT Law Society would like to sincerely thank the following firms and individuals for supporting Torts Illustrated:
QUT PLT HERBERT SMITH FREEHILLS KING & WOOD MALLESONS MCCULLOUGH ROBERTSON PROFESSOR DAN HUNTER (EXECUTIVE DEAN OF THE FACULTY OF LAW)
INTERVIEW WITH DAN HUNTER: PG 15
Acknowledgement must also go to the following people for the creation of this publication: Edward Williams Director of Media and Communication Mikayla Toms Design Officer Alexandra White Publications Officer Gideon Caturla Publications Officer Front cover: Photographer: Braydon Clow, Photoshop: Edward Williams
CONSTITUTION & INTERSTATE TRAVEL: PG 24
Appearances, clockwise from the top left: Alexandra White, Gideon Caturla, Tia Adermann, Geoff Ham, Amanda Hubert, Dana Chantal, Ashton Darracott
ACKNOWLEDGEMENT OF TRADITIONAL OWNERS The Queensland University of Technology Law Society (QUTLS) acknowledges the Turrbal and Yugara, as the First Nations owners of the lands where QUT now stands. We pay respect to their Elders, lores, customs and creation spirits. We recognise that these lands have always been places of teaching, research and learning. The QUTLS acknowledges the important role Aboriginal and Torres Strait Islander people play within the QUT community.
RECONCILIATION STATEMENT We recognise that Aboriginal and Torres Strait Islander peoples are the custodians of the land, and have a traditional association with the land in accordance with their laws and customs. We acknowledge that for reconciliation to be sustainable over time, local communities and institutions must support, and be involved in, the process. We are committed to inclusion, reconciliation and consultation to ensure the future of Australia is one where our First Peoples are afforded equal opportunity.
From the Press Room We made it through 2020 everyone! The Media and Communications team are very pleased to deliver the final Torts Illustrated for 2020, Begin Again. We chose this title as 2020 has really been a reset button on everything we have done in the past. Things like how we go to uni, how we interact with our friends and how we travel have been reinvented completely. We know all of us are eager for a fresh start and to put the previous year behind us. We are thrilled to have received a high number of submissions on a range of topics. Whether you are curious about space law, women in law or imposter syndrome, there will be something for you. We hope you enjoy this Torts Illustrated for a holiday read. Our team have loved being able to put this together for you and receive some fantastic submissions. We are excited to continue this magazine in 2021 and delivery more publications for our members. So as we head into the new year, we have the opportunity to put the last year behind us and begin, again. Yours truly, The Media and Communications Team.
Alex White
Gideon Caturla
2020 Publications Officer
2020 Publications Officer
Publications in 2021 Meet the 2021 Publications Officers, Ashton and Ciaran. The Publications Officers are responsible for delivering you all of the amazing publications the QUTLS distributes each year, including the one you’re reading right now!
Ashton Darracott Hi everyone! My name is Ashton and I’m one of your Publications Officers for 2021! I am now in my sixth year of a Bachelor of Law/Bachelor of Creative and Professional Writing degree. This mixture should be a good indication that I like to read and write! My dream for the QUTLS publications in 2021 is to expand the range of material we publish and increase the quantity of material published (without
compromising on quality, of course) so that all of our valued QUTLS members have ample opportunities to engage with the QUTLS. My personal goal is to make the 2021 publications as accessible as possible to both contribute to and consume. My whole schtick is that stories are vitally important and always worth telling. I want to make submissions as un-intimidating and as simple to do as possible because I want to be able to give you an opportunity to say something you think is important. Also, who doesn’t want to be able to tell potential employers that they have been published? I am so excited to come on board this year in order to bring to you more Torts Illustrated editions, The Fortnightly newsletters, the First Year Survival Guide, the Careers Guide, the Benchbook, The Law Review, and more content on our various social media channels!
Hi there! My name is Ciaran and I can’t wait to be QUTLS Publications Officer in 2021. I’m starting my fourth year of my Bachelor of Fine Arts (Creative Writing)/Laws. I would love to see a greater variety in the content we put out in our publications. I have a sneaky suspicion that law students are a deceptively creative bunch and I would love to see more submissions of short stories, poetry and creative non-fiction. I believe it is crucial for law students to have a space to express themselves, as well to reflect on other student voices and perspectives.
Ciaran Greig
Overall, I’m super excited to be a part of a team creating engaging, helpful and inclusive content for all law students in 2021.
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QUTLS 2020 Highlights
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Grudge Match UQ v QUTLS
Mental Health Breakfast
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University of Sydney x Baker McKenzie National Women’s Moot
Clerkship Symposium
O Week
Social Touch Team
LWOB x QUTLS
First Year Pizza Party
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STUDENT SUBMISSIONS
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Steady ... steady ... Nervously my hand begins to shake. Holding my breath, too scared to breathe, My concentration must not break. With my window barely open, A breeze sneaks through the gaps, Dancing around the balancing cards, My heart breaking watching them collapse.
Begin Again A POEM BY DALMAYNE THAMM
Gazing absently towards the TV noise, Recognition distracts my thoughts. David Attenborough and the living planet, Talking about frogs and toads and warts. Our planet Earth with it’s fragility ignored, Cut down for progress and money; It can be saved, but we must begin now, To bring back our land of milk and honey. Nature is like my house of cards, Fragile when put to the test. Card against card, like the circle of life, Disrupted, it falls to a mess. So I begin again to build my house, Learning from mistakes of the past. Trying to build a better foundation, One that is solid and certainly last. Again the TV permeates my thinking, With news of the pandemic spread; Incomprehensible to believe so many are sick, And so many who are dying or dead. Documented in the history books, Is the rise and fall of nations; Could this disease be our undoing, Collapsing our human relations! I continue to build my house of cards, Knowing inevitably it will not stay; And hence the cycle begins again, It seems to be nature’s way. Dalmayne Thamm 2nd November 2020
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‘The glory of the pioneer’ AUSTRALIA’S FIRST FEMALE LAWYERS According to the Law Society of New South Wales’ annual National Profile of the Profession report, almost 52 percent of all lawyers in Australia identified as female in 2018. Yet not all too long ago, women were not permitted to enter into law school and not permitted to be admitted into the profession. Two pioneering women set on paths almost simultaneously to see that hurdle removed. Ada Evans and Flos Greig are not names that the general contemporary Australia law student cohort would be familiar with. This could reasonably be expected seeing as legal history in classrooms usually takes a back seat when Isaac Isaacs enters the room and from the get-go, the country’s future lawyers are thrown into analysing problem-based questions.
Nonetheless, having a working knowledge of legal historical tradition not only informs current and future lawyers of where they fit into the scheme of things, but provides them with the necessary springboard to identify contemporary professional gaps and pioneer further change. Evans and Greig were both British imports in the late 19th century, hailing from England and Scotland respectively. The early professional lives of these two women run almost simultaneously, separated only by Australian state. Evans was born in 1872 in Essex and in 1883 arrived in Sydney. At 27 years old, in 1899 Evans enrolled in the Sydney University Law School and was accepted under the fortuitous circumstance that the Dean at the time was on an overseas absence; otherwise she would not have been accepted. While not the first woman to enrol in law school in Australia, in 1902 Evans was the first female graduate with the LLB equivalent qualification.
The Daily Telegraph reported on the graduation ceremony, specifically making note of the prolonged applause the ‘first young lady with intrepidity enough to enter the ranks of the lawyers’ received as she was handed her certificate. Evans then sought admission at the New South Wales Bar but was refused on the basis of her sex. Just over 20 years later, the Women’s Legal Status Act 1918 (NSW) came into effect and in 1921, Evans was finally admitted to the Bar. Unfortunately, the circumstances of Evan’s life meant that she did not end up practicing at the Bar. She instead became an editor for a women’s section in the Australian Star newspaper, and later retired out the country NSW with her brother while her health declined. Greig was born in Scotland in 1880, some eight years after Evans. Greig’s upbringing was not lavish, yet she had the benefit of seeing the way that men and women could flourish in personal and professional lives. Her parents believed that she and her four other sisters should participate in tertiary education. From this influential upbringing, it was despite her youth that she was the first Australian woman to take a place at a law school, having enrolled in a Bachelors degree of Law and Arts at the University of Melbourne in 1897. This put her two years before Evans took up the same place in Sydney. Greig would not graduate for another year after Evans, making Greig the second female law graduate of Australia. By virtue of legislation passing in Victoria earlier than New South Wales, Greig was admitted to the profession in 1905, around 15 years before Evans. When Greig attended university, her male classmates
were at first deeply unimpressed that they had a woman in their ranks, but by the end of Greig’s first year, the cohort of men ended up informally majority voting that women should be allowed to study and practice law. Evans died in 1947 and Greig died in 1958. Neither Evans nor Greig had the opportunity to work alongside any other female lawyers. The two women, however, still pushed forward to clear the path for other women such as Marie Byles and Sybil Morrison in New South Wales. For Evans, who was fated for a premature retirement from professional legal life, received encouragement in her university days from Professor Jethro Brown, writing to her that ‘If I were in your place, I would work on in spite of discouragement. If you cannot reap all the rewards of your toil, the greater glory will be yours of sowing that others may reap – the glory of the pioneer.’ While Evan’s and Greig’s sowing took some time to proliferate, contemporary women in the field of law now abound. Evans and Greig would be thrilled to see that the most superior judge on Australia’s most superior court is a woman, and that more and more women are taking up their deserved space in legal spheres, finally.
ARTICLE BY ASHTON ARRACOTT
BIBLIOGRAPHY Allman, Kate, ‘Women lawyers outnumber men; Indigenous numbers lagging’ (Blog Post, 19 July 2019) Law Society Journal <https://lsj.com.au/ articles/women-lawyers-outnumber-men-indigenousnumberslagging/#:~:text=The%20report%20reveals%20 that%20women,solicitors%20compared%20to%20 36%2C500%20males>. Knake, Renee, ‘Hidden women of history: Flos Greig, Australia’s first female lawyer and early innovator’ (Web page, 24 July 2019) The Conversation <https://theconversation. com/hidden-women-of-history-flos-greig-australias-firstfemale-lawyer-and-early-innovator-119990>. Evening News, ‘In Portia’s footsteps: the first lady lawyer’ (Newspaper Article, 22 April 1902) Evening News <https:// trove.nla.gov.au/newspaper/article/114118738>. O’Brien, Joan M, ‘Evans, Ada Emily (1872–1947)’, Australian Dictionary of Biography, National Centre of Biography, Australian National University <http://adb.anu.edu.au/ biography/evans-ada-emily-6118/text10491>, published first in hardcopy 1981.
Campbell, Ruth and Hack, J Barton, ‘Greig, Grata Flos Matilda (1880–1958)’, Australian Dictionary of Biography, National Centre of Biography, Australian National University, <http:// adb.anu.edu.au/biography/greig-grata-flos-matilda-7049/ text11103>, published first in hardcopy 1983. Bathurst, T F, ‘‘A Tough Nut to Crack: The History of the Legal Profession in New South Wales’ (Speech, 19 September 2019) Francis Forbes Society Australian Legal History < http://www.supremecourt.justice.nsw.gov.au/Documents/ Publications/Speeches/2019%20Speeches/Chief%20Justice/ Bathurst_20190919.pdf>. Bavin, Thomas (ed), The Jubilee Book of the Law School of the University of Sydney 1890-1940 (Halstead Press, 1940). This article was written on Gubbi Gubbi country in the Sunshine Coast hinterland. The author would like to acknowledge the traditional custodians of the unceded lands on which she writes and the publications to which she submits.
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New Beginnings with
Professor Dan Hunter, Executive Dean By Catherine Bugler He’s a world-leading researcher in automated decision making and intellectual property, but our new Dean Professor Dan Hunter is also a start-up entrepreneur and the only Law Dean in Australia who plays video games (well, probably). Catherine Bugler spoke to Dan about university post-COVID and how he defines success. So… what does an Executive Dean do? Other universities might call my role a Pro Vice Chancellor. An Executive Dean is in charge of more than one school. In that role I look at the strategies of the schools, how to deal with large scale structural changes, how to manage the budgets, and I sit between the schools (of law and justice) and the university. In particular during COVID-19 I was the one that was responsible for making sure people who were overseas came back in time, people were able to leave campus safely. It’s a middle manager of sorts. Or a CEO? Haha yes CEO of this tiny sandbox. You completed your PhD at Cambridge University, have been a professor at New York Law School, Melbourne University, and a Foundation Dean of Swinburne. Can you say that there are clear cultures at universities? What is the culture of our Law School? I’d say that it’s progressive, friendly. The difference to the other unis I’ve been to is that people don’t attend on campus as much. Other universities have compulsory in person attendance and that impacts the culture.
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Do you think attending in person is important? Well, there is a tension that universities have between being overly paternalistic and telling students that the best way to learn is to attend on campus and to be involved, and removing the agency and authority students have, and on the other side, providing students the freedom to learn how they want and the mechanisms to choose how to learn. The thing is, it is a difficult tension because I know more about how students learn than most students – I’ve read the literature and had 30 years of experience in teaching – and so in that sense I do know to best learn. But we can’t just enforce attendance, because that’s punitive; it’s not our way and we recognise that people do have responsibilities outside of coming to class. You are a Chief Investigator of the ARC Centre of Excellence for Automated Decision-Making and Society, what are you researching at the moment? How do we deal with explanation in these new automated systems. Explanation is a fundamental part of legal analysis and these systems can’t currently do that. And the other component is around functionally conscious machines. The law has a lot of requirements which assumes intentionally – for instance in torts or criminal law – or rationality – in administrative
law or contract law. We are now entering an age where machines are making these kinds of decisions without applying these principles of legal causality or intentionality. Ordinarily you would sue the machine’s manufacturer, but these manufacturers are not responsible in the sense of being responsible for a defect – because if a machine is making a conscious decision that’s not really the manufacturer’s responsibility. What do you think success is, and how can we cultivate a healthy relationship with the pursuit of success? Everyone has to define success themselves. I would say that it is better to look at happiness. For me, success and happiness are defined by pursuing my curiosity while also having enough money to raise my kids and pay the rent. When I worked as a lawyer I was offered partnership, but I ultimately decided that that role wasn’t going to allow me to pursue what I am truly interested in. For students, I would advise them to ask: ‘What is it that you enjoy doing?’ and what would be the best possible outcome in 5 years’ time to pursue that? And then work backwards each year, and ask what do you need to achieve this year to get there incrementally?
Get to know your Dean If you are stuck on a deserted island and can only bring 3 albums, which would you bring? Anything by The National – either Sleep Well Beast or Trouble Will Find Me. Probably Matt Berninger’s new solo album because at least that is new, though I imagine it would get old quickly! And Soul Mining by The The. What piece of technology has significantly improved your life in the last year? Bluetooth headphones. I go through them like candy. And artificial intelligence algorithms for my start-ups, of course. What are you reading at the moment? I Am a Strange Loop by Douglas Hofstadter, Caste by Isabel Wilkerson, Down Girl: The Logic of Misogyny by Kate Manne, and White Fragility by Robin DiAngelo. And The New Yorker, always. You juggle your podcast, multiple start-ups, your work as Dean and your academic research. What are your three tips for productivity? First, use checklists. Second, checklists should never have more than five items on them. Thirdly, only do one thing at a time. Multi-tasking is a fiction: the human brain is only wired to have one conscious thought at any given time.
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A NEW FRONTIER AND A BRIGHTER TOMORROW 2020 hasn’t been the year that we thought it would be. It wasn’t the celebatory year to welcome the new decade that is the 2020s and it certainly isn’t a year that we’d thought would be normal. Indeed, the definition of what is normal in society, work and all facets of life have forever changed thanks to the challenges that COVID-19 has presented and the looming recession to come. I suppose that change in itself is normal. That’s been the natural progression of humanity’s history. Change begins rather unexpectedly, and I believe that that uncertainty is what drives hope and innovation. For example, there are moments in history where there have been great civil injustices; such was the case in the 1960s civil rights era or the early 20th century during Australia’s White Australia policy. In these instances of inequality, there are always drivers for justice and movements pushing for equal societal changes. The world in the 20th century faced two world wars and out of those tragic events came the United Nations, de-colonisation
and a solidification for greater civil rights. The world in the 21st century, however, has just started the new century, so I suppose we haven’t faced the entire brunt of what is coming to us, but we shouldn’t be too worried, we should instead put faith on our generation and what we can bring to the table. As the next generation of professionals, we’re going to graduate equipped with skills to face the challenges of tomorrow. One such challenge that presents opportunities is that of humanity’s next frontier outside of Earth and into the stars; the area of law that is known as space law. While we can imagine such an area of law as one with great speculation and fantasy; one can take inspiration with the beautiful wording of space law’s treaties that promote international cooperation, trust and faith with each nation and private entity actors. It’s this beauty that I’d like to highlight and suggest that we look at this area of law as one that we can take inspiration from in our daily and professional lives in our push to create a brighter tomorrow
in our own corners of existence with one and another. WHAT IS SPACE LAW? Space law began in the Cold War, a moment in history that this student author submits to be quite similar to where we are now. A tense political atmosphere marked by a clash of cultures, new ideas, the advancement of technology and practices. What’s oddly beautiful about this tension is the fact that humanity put asides our differences when it came to matters regarding space. They did so in order to work together for the common good; that good being the regulation of our behaviour, interactions, disputes and claims we may have outside of Earth’s stratosphere. It’s only fitting that this area of law emerged at a time of great tension as space law highlights humanity’s capability and godlike potential to transcend the immediate chaos and realise our inner greatness within us all as humans if we can work together to achieve things outside what we previously thought was impossible. We managed to put a person in space and the moon. What else can
we accomplish together? What I mean by all this, is one must look at the United Nations Treaties, and Principles adopted by the General Assembly regarding space law to see the hopes and dreams that yesterday’s pioneers and leaders have for future generations. For example, Article I of the Outer Space Treaty proclaims the: “exploration and use of outer space…shall be carried out for the benefit and interest of all countries irrespective of their degree of economic or scientific development, and shall be the province of all mankind.” Article II furthermore demonstrates that outer space is not subject to national appropriation by claim of sovereignty, occupation or by any other means. Article IV moreover indicates that the states shall not put any weapons of mass destruction in space, and that Article V of the treaty regards astronauts as envoys of mankind in outer space. Another equally beautiful article
from this treaty is Article XVII which indicates that the treaty shall be regarded as equally authentic in Chinese, English, French, Russian and Spanish texts. As one can see from these examples provided, the wording from these articles from one treaty in space law nurtures such beautiful dialogues of international cooperation, faith and trust with one another. Certainly, dialogues in which humanity is united to push for something for our common good. A NEW FRONTIER AND A BRIGHTER TOMORROW? I admit as an author; I’m full of naive dreams and hopes about our species. In this article, I’ve only touched the surface that is the vast space of law that is space law. Space law certainly has areas where one can be skeptical of, certainly with regards to commercial practicalities, SETI (highly recommend you look into this rabbit hole) and the issue of custom as well as celestial bodies. However, my naivety is not without warrant. I choose to talk about this area of law from a base surface to highlight it’s beautiful wording of its treaties and legislation as a
reminder that humanity’s outward intention was always the betterment and advancement of each other. It’s beautiful in the sense that it’s about something that we do not yet have control of, so we must fall back to our inner human instinct of trust and cooperation so that we may create a new frontier and a brighter tomorrow for all. Space law is full of uncertainty and certainty; however, it’s an area of law that I welcome for being a reminder that humanity can triumph over anything if we put aside our differences for the common good of all. The only issue in this regard is the if. The if which underpins human greed and distrust. However, I have faith that we can transcend even this selfishness when push comes to shove, and we have to create a brighter tomorrow for future generations through legislation or societal movements. We all have a role to play and that role being to create positive change for the real world that we all inhabit.
BY GIDEON CATURLA
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Did you know that as of January 1 this year, Queensland effected human rights legislation? The objectives of the Human Rights Act 2019 (Qld) (the Act) describe the new laws as means to protect and promote human rights, to build a culture in the Queensland public sector that respects and promotes those human rights, and to promote dialogue about the nature, meaning and scope of human rights. The objectives are hopeful and wholesome, but at this point in time, the practical application of enforcing the contained human rights provisions lack some teeth. The phrase ‘human rights law’ conjures up images of historical figures tearing down border walls and ending oppressive and hateful regimes. Thoughts of violent war criminals rotting behind bars and families from oppressed minority groups being reunited evoke feelings of hope and faith. Certainly, to see an enactment dedicated to human rights stirs feelings of justice and retribution. Naturally, it is exciting to see Queensland enact legislation that aims to uphold these values of justice, fairness and equality under the law. A quick flick-through of the Act reveals some things about its place in Queensland jurisprudence and legal practice.
acting up:
Queensland's brand-spanking-new Human Rights Act 2019
Part 2 of the Act provides for 21 civil and political rights (Division 1), and two social, cultural and economic rights (Division 2). The language of these provisions derives largely from international treaties, namely the International Covenant on Political and Civil Rights (the ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These rights are qualified by section 13 of the Act, in that human rights can be reasonably limited insofar as can be demonstrably justified in a free and democratic society. Part 3 of the Act deals with the application of human rights in Queensland. Here, the Act contemplates how new legislation tabled to be passed must pass a ‘scrutiny’ test to ensure the new Bill is compatible with the rights enshrined in the Act. Subordinate legislation must be human rights certified. The catch is that the Act precludes any Bill inconsistent with that division does not mean that the Bill will be unlawful or invalid legislation. Bringing proceedings and gaining recourse under the Act is arguably where this legislation is all bark and no bite. Of course, human rights are a political tool nowadays, and spending approximately 3.5 minutes reading
this legislation will cause a reader to wonder why the objectives are not beefier than just ‘promoting’ human rights. Perhaps it is because actual remedy against human rights breaches would mean that the Queensland government would fall under fire for some dodgy public sector practice involving vulnerable individuals that amount to human rights abuses under the definitions provisions. So what recourse does the Act offer for breaches of people’s human rights? Part 4 of the Act establishes the Queensland Human Rights Commission (QHRC), which has the power to deal with complaints about human rights abuses, educate the community on human rights and to review public entities’ policies, programs, procedures and the like in terms of their compatibility with human rights requirements. The following subdivisions deal with the particulars of form for complaints and any decisions the commissioner makes regarding those complaints. As of 15 October 2020, over 200 complaints had been made to the QHRC. Like with many government agencies during a pandemic, the QHRC notes that they have received a heavy influx of complaints and therefore delays abound. Despite the Act’s gentle and arguably bureaucratic ways of bringing about real change in the human rights realm, new laws, and particularly that of the statutory kind, tend to reflect modern day society and the demands of the people who elect their public servants. The mere fact that this Act and the associated
The mere fact that this Act and the associated QHRC exists is a start, and the more that people know about it and engage with it, the more the objects of the Act will be fulfilled. Then, perhaps once human rights have been talked about enough, laws to put some real backbone into that ‘dialogue’ will actually enact some positive change.
by Ashton Darracot
An ode to bluey ‘Just watch an episode of Bluey’ a friend told me at work. I was a bit confused by this recommendation, I was aware of the show but as a twenty-one-year-old who does not spend much time with young kids, my postexam watch list included shows like Schitt’s Creek or the Crown, probably not a children’s show. But I had a spare hour recently and thought to myself, ‘why not?’ I went to ABC iview and I watched a few of the seven-minute episodes. I have to say I thought it was brilliant. Bluey follows a blue heeler puppy who lives with her parents and her sister, Bingo, in Brisbane. Everyday activities like going to the movies and getting ice cream become hilarious adventures. The show covers several topics that are of high importance for both children and parents. There are so many things to love about the show. It has a strong emphasis on the importance of imagination and playtime, Bluey and Bingo spend their days making up games and stories, often including the parents as well. Even when the target market for Bluey is growing up in a world of screens, the sisters show how fun traditional play can be. Another aspect I love is how involved the dad is with the family life. It is often something we overlook in children’s shows is that the mother is far more involved in the storyline and the father is more of an absent character. This tends to reinforce gendered stereotypes that we have about family roles. However, Bluey’s dad is very involved with playtime, housework and taking the children to various places. However, probably my favourite part was seeing Brisbane portrayed in children’s animation. You can easily spot the City Cats, the Queenslanders, jacarandas raining on the footpath in Spring. Even an episode about taking the bins out had our distinct red and yellow lid bins. All of those things allow us as viewers to create social connectedness with the place many of us call home.
We often overlook the importance of Children’s TV, but it does play a pivotal role in our formative years. Shows like The Wiggles, Hi-5 or Playschool are pretty ubiquitous amongst most Australian children. It is something that is a strong part of our cultural identity. It is worth looking at this idea in light of the recent government budget announcement that The Australian Government has announced a welcome $20 million in funding for the Australian Children’s Television Foundation, supplemented by $30 million in funding for Screen Australia. However, mandatory broadcasting hours for children’s content have been scrapped for commercial networks at the request of commercial tv executives. Currently, there is a requirement for commercial television stations to air at least 55% Australian-made content. That content quota remains, but regulations around specific allocations for documentaries, drama and children’s content are being removed. This is a concern as commercial networks may choose to fill that quota with more drama and documentaries, as opposed to children’s television given that it is more expensive to make. There is also the question of how to make the big streaming services like Netflix and Amazon Prime invest more in Australian content, as they currently do not have local content quotas imposed by the government. This is a difficult question though as streaming services do not have a clear broadcasting schedule, unlike traditional TV networks. These changes effectively leave children’s content at the mercy of the ABC and SBS, neither of which received a budget increase this year. Therefore, it remains to be seen how this additional children’s content funding will be distributed amongst the networks. I do hope to see more programs like Bluey over the next few years because it shows how good our local kids’ content can be when it is done well. For anyone out there young or old, who is looking for a wholesome watch over the holidays, I could not recommend it enough.
by alex white
DOES THE CONSTITUTION REQUIRE INTERSTATE TRAVEL TO BEGIN AGAIN? Morgan Lynch provides a short summary of Clive Palmer’s challenge to the constitutionality of state border closures (as at 26 September)
testimony from various epidemiological experts on whether hard border closures were really the best way of protecting Western Australians from the virus.
On 22 May 2020, Queensland businessman and politician Clive Palmer was denied entry into Western Australia, which had closed its borders to the rest of the country on 5 April. In response, he launched a High Court challenge to the WA border closure on the basis the restrictions breached Section 92 of the Commonwealth Constitution.
On 25 August, Federal Court Justice Darryl Rangaigh handed down his judgement: the restrictions were ‘effective to a very substantial extent’ at reducing the probability of the novel coronavirus entering WA from elsewhere in the country. Other public health measures, such as mandatory hotel quarantine, mask-wearing and testing, would be less effective at containing the virus.
Section 92 provides that ‘intercourse among States … shall be absolutely free’. Justice Starke put this in slightly plainer language in the High Court case of Gratwick v Johnson in 1945. He explained that the provision grants Australians the freedom to ‘pass to and from among the states without burden, hindrance or restriction’.
This is a significant setback for Mr Palmer. However, he has refused to back down, despite losing support from the Commonwealth. The High Court is scheduled to hear the matter in early November, where it will decide on the constitutional issues at play. In addition to the health risks, the Court will likely consider the economic and social effects of the border closures.
However, as the Court clarified in 1988 in Cole v Whitfield and Cunliffe v The Commonwealth (1994), this freedom is not absolute. If the Court adopts the same approach to this issue as it did fifteen years ago in APLA Ltd v Legal Service Commissioner (NSW), the constitutionality of the border closures will likely depend on whether they are ‘reasonably required’ to achieve their objective, namely to prevent the spread of COVID-19. The High Court is not able to hear direct evidence on this issue. Since the parties could not agree on the relevant facts, the High Court tasked the Federal Court with hearing expert evidence on the public health implications of shutting down the WA border. So, over four days in late July, the Federal Court heard (often conflicting)
As well as either reducing or solidifying border restrictions across the country, the High Court’s decision could have implications long after the COVID-19 pandemic is over. It is likely to provide further clarity on the scope of Section 92, particularly on the freedom of ‘intercourse among States’. This phrase has received far less judicial attention in the past than the requirement for freedom of interstate trade and commerce also contained within the section. Of course, that is assuming border restrictions are still in place come November. And, if 2020 has taught us anything, it is probably best not to make too many assumptions about what the future holds!
OVERCOMING IMPOSTER SYNDROME Imposter syndrome, imposter phenomenon, imposterism, fraud syndrome, and all its other iterations, is something that almost every person carries in their vocabulary nowadays. Coined in 1978 by two psychologists, Dr Pauline Clance and Dr Suzanne Imes, the imposter phenomenon describes an individual’s feelings of fraudulence and not being deserving of their achievements or accolades in the face of external evidence that they are in fact competent and capable. I do not purport to be a psychologist or expert in any psycho-related field; what I am is a university student with a penchant for existential crises and anxiety. I have tried and tested some of the most common titbits of advice for coping with and trying to overcome my imposter experiences. Through lived experience, I have devised some not-so-common tips that may help someone else who has tried ‘speaking affirmations in the bathroom mirror’ and/or ‘visualising success’ (a vague strategy, if you ask me) and has come up a bit short. Below are the strategies that tangibly work for me in my university and workplace spheres, and hopefully you can apply to your circumstances. In the alternative, hopefully these strategies assist you in discovering your own idiosyncratic ways of coping with imposter syndrome. SMILE AT PEOPLE Have you ever walked into a networking event and known no one, or walked into a class with a teacher that you admire and by effect are intimidated by? Because humans
are empathetic creatures, offering a smile usually will generate a smile in return. Due to the disarming and non-offensive nature of a smile, you will not only make yourself feel relaxed and happy, but you will give permission to the other people you encounter to also relax and to trust you. Science will also back this up, due to what is called “mirror neurons” that exist in our brains. These neurons are interesting because they light up when we both perform ourselves, and see someone else perform, a particular action. Smiling is one of these actions, like yawning. COMPLIMENT PEOPLE An underrated trick for increasing your own confidence is by leaning into the things that you admire in others. Research has shown that giving and receiving gifts to people sends a rush
of dopamine through our brains, which makes us feel happy and reinforces bonds that we have with people. Compliments are gifts in verbal form, and have also been linked to increased activity in the reward centre of the brain both when giving and receiving praise. Seeing someone’s positive, and often taken-aback reaction to a compliment reminds me that I have a unique power to make someone else feel good, and therefore I deserve to take up whatever space in any situation that I am in. DISTINGUISH SPACES OF TEACHING AND SPACES OF LEARNING At the end of the day, all spaces are spaces of learning, no matter what role you take up at a meeting or a function or networking event. I have an affirmation that I use when I find that I am particularly nervous for an event or meeting with someone or interview and everything in between. I take a breath and say to myself, ‘I am here to learn.’ It is really as plain and simple as that and it reminds me to not put so much pressure on myself to be the most interesting or knowledgeable person in the room, and that I am allowed to step back
and be curious and want to learn things from others. There will be other times when you occupy a position of relative authority; you may be a presenting guest on a panel or a judge of a competition, for instance, and you have something to provide to others by way of your knowledge, experience and level of expertise on a particular topic. Looking at that situation in the context of how other people are here to learn, and you have something to aid them in that learning process, can be calming, and ultimately lead to you to remove pressure from yourself and provide even more value to others. TRADE ‘IMPOSTER SYNDROME’ OUT FOR ‘BRILLIANT CONMAN SYNDROME’ Sometimes the only way to break from the rut of crippling self-doubt is to see-saw to the other end of the spectrum: boisterous self-confidence that maybe borders on arrogance. Brilliant conman syndrome describes an alternate state of self-perception that is characterised by not only accepting, but embracing and revelling in your self-perceived inadequacies and instead leveraging your ‘con-person’ skills to ‘trick’ people into being friends with you, giving you a job, giving you a good grade, whatever the case may be. Imposter syndrome will have a person talk themselves down from applying for that awesome job opportunity that they saw on LinkedIn because they do not feel qualified enough, whereas brilliant conman syndrome will have a person fudging their slightly to upsell themselves. This strategy can be closely linked to the psychological intervention known as cognitive behavioural therapy, also known as CBT, which aims to consciously change ingrained patterns of thinking and/ or behaviour that are the source of a person’s difficulties and make positive changes to a person’s feelings. After practicing CBT for a while, you learn to recognise what negative thought patterns look like and you can stop
them in their tracks and shift them to something more positive. Hopefully these tips help. At the end of the day, if you are someone that feels constantly conscious about your competence and ability in particular aspects of your professional and academic life, there is a very good chance that you are indeed competent in these areas, and that you are committed to always improving. Imposter syndrome affects almost everyone you interact with and is nothing to be ashamed of. Imposter syndrome will also make you believe that you are deserving of less than what you truly are, which is the worst thing you can allow yourself to believe in your professional and personal life. This article was written on Gubbi Gubbi country in the Sunshine Coast hinterland. The author would like to acknowledge the traditional custodians of the unceded lands on which she writes and the publications to which she submits.
by Ashton Darracot
Before and After
