ANU LAW STUDENTS SOCIETY: SOCIAL JUSTICE DINNER
University House, Canberra
Wednesday, 26 August 2009
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First, may I acknowledge the traditional owners of the land we meet on – and pay my respects to their elders, both past and present.
- Chair – Sue-Lin Wong;
- Professor John Richards, Master of University House;
- Professor Peta Spender, Presidential Member of the ACT Civil and Administrative Tribunal;
- The Hon Mr Richard Chisholm;
- Mr David Wenger, Allens Arthur Robinson;
- Staff and students.
It is my pleasure to be here this evening representing the Prime Minister at your inaugural social justice dinner – it is good to see so many students here interested and committed to the idea of social justice.
I’d like to talk to you tonight about the links between social justice and what the Government is doing as part of its social inclusion agenda but also to talk to you about the role that law students and the legal profession can play in contributing to social justice.
At the outset – what is social justice?
In short, I think it involves actions which contribute to achieving a more equal and just society or to use a more colloquial Australian phrase it’s about giving all people ‘a fair go’.
The former Aboriginal and Torres Strait Islander Social Justice Commissioner and current Australian of the Year, Professor Mick Dodson AM, made the following observations:
‘Social justice is what faces you in the morning. It is awakening in a house with adequate water supply, cooking facilities and sanitation. It is the ability to nourish your children and send them to school where their education not only equips them for employment but reinforces their knowledge and understanding of their cultural inheritance. It is the prospect of genuine employment and good health: a life of choices and opportunity, free from discrimination.’[1]
Mick Dodson’s description provides an insight into what social justice should mean in practice – the focus should be on practical outcomes that make a difference for those on the ground that do not receive ‘a fair go’.
The Government’s Social Inclusion Agenda
The Rudd Government is committed to a socially inclusive Australia.
In coming to Government, we appointed the first ever Minister for Social Inclusion, the Deputy Prime Minister, the Hon Julia Gillard.
As part of our social inclusion agenda, we have been addressing key areas where people are at risk of social exclusion, including homelessness, mental health and disability, joblessness, children at risk, and closing the gap for Indigenous Australians.
As Attorney-General, the focus of my contributions to this agenda have centred on addressing human rights reform, access to justice issues, and law and justice issues as part of ‘closing the gap’ for Indigenous Australians.
I would like to give you a brief snapshot of what we are doing in these areas.
Human Rights
A human rights culture is one in which individuals are treated fairly and with dignity.
Respect for human rights is an essential element of social justice and underpins many of the values that make an inclusive society.
We have had some great human rights achievements over the past year, including:
- passing legislation to remove same-sex discrimination from 84 separate laws;
- issuing a statement of support for the UN Declaration on the Rights of Indigenous People;
- ratifying the Convention on the Rights of Persons with Disabilities and acceding to the Optional Protocol;
- acceding to the Optional Protocol for the Convention to Eliminate Discrimination Against Women; and
- signing the Optional Protocol to the Convention against Torture – and we are shortly introducing a criminal offence of torture, reaffirming that torture is inconsistent with a humane and civilised society.
While we can be proud of what has been achieved – there is still more to do for the promotion and protection of human rights.
Many of you may be aware of the national human rights consultation which commenced last December and is due to report to Government by 30 September.
There has been overwhelming feedback from Australians about the protection and promotion of human rights.
Some of you may have been involved in assisting with the preparation of submissions or attended the community roundtables or public hearings.
In total, the Consultation Committee:
- received around 35,000 submissions;
- attended 66 roundtables around the country; and
- held Public Hearings at Parliament House.
This high level of engagement demonstrates the Australian community values human rights issues.
I am looking forward to receiving the Consultation Committee’s report.
Access to Justice
Access to justice is another fundamental element of social justice.
As Attorney, I continue to emphasise that a well-functioning legal system must be accessible to all.
This is not just about making services available to the disadvantaged. It is about how the legal system works to support the capacity of all Australians to address their individual legal problems.
This includes: access to information, courts, tribunals, alternative dispute resolution providers, the Ombudsman, legal assistance services and the legal profession.
I have established an Access to Justice Taskforce in my Department to develop a more strategic approach to this issues.
As part of this strategy, it is important that legal assistance services are available and accessible to the disadvantaged as an essential part of a just and inclusive society.
Unresolved legal problems can escalate, leading to multiple and entrenched disadvantage, and increasing social exclusion. Failure to address small civil law problems can increase stress on families and individuals and lead to the loss of health, income or employment, violence or crime, loss of home and relationship stress.
As a lawyer and even more so as a local member, I have met a number of people who have been unable to address a small legal problem before it escalates. Often this is because they don’t know what to do or where to go. And it reminds you how important legal advice and assistance, especially early on, can be to resolve legal issues before they escalate. Such advice can also identify that a person may need assistance outside of the legal system – such as referral to health and employment support services.
That is why the Australian Government invests significantly in legal assistance programs which help the most disadvantaged and vulnerable in our community through:
- legal aid commissions;
- community legal services; and
- Indigenous specific legal aid and family violence prevention services.
I have met with a number of lawyers from the community legal sector across Australia – I have been impressed by their professionalism and commitment to their clients – and as I will talk about shortly, they are just one example of how lawyers can be involved in creating a more just and equal society.
Indigenous Law and Justice
Indigenous Australians are one of the most profoundly disadvantaged groups in our society. They fall far below relevant national benchmarks on virtually every measure of well-being and socio-economic status.
Indigenous people experience far higher rates of adverse contact with the justice system than other Australians, and are incarcerated at significantly higher rates.
The statistics are appalling:
- In 2008, Indigenous people were 13 times as likely as non-Indigenous people to be imprisoned,
- Indigenous juveniles are 28 times as likely to be detained as non-Indigenous juveniles.
The early involvement of young people in the criminal justice system puts them at much higher risk of recidivism and this compounds disadvantage and social exclusion.
The Government is committed to addressing law and justice issues and supporting safer communities through prevention, diversionary, restorative justice and rehabilitation programs.
I am also working with the States and Territories to address the unacceptable level of adverse Indigenous engagement with the justice system through a National Indigenous Law and Justice Framework.
I was pleased, together with State and Territory Attorneys-General, to endorse this framework earlier this month in Alice Springs.
There is much to be done in this area but I am sure you would agree that this is a key area which deserves our focus and combined efforts to make a real change for the communities involved.
Lawyers and Social Justice
Having given a brief overview of some of the work that the Government is doing, I would like to talk to you briefly about your potential to contribute to a more just and equal society.
As law students, you are at the beginning of your careers – full of enthusiasm, ambition and insight into the emerging issues and challenges for our community. I hope that your exposure to date has highlighted not only the opportunities but the responsibility and privilege that come with being part of the profession.
Chief Justice French, who I understand has agreed to become your new patron since Justice Kirby’s retirement from the Bench, recently made the following observation when talking about the human dimension of the law:
‘The practice of law in the courts from Petty Sessions to the District, Supreme, Federal and High Courts is a demanding but a privileged occupation. When the liberty, the reputation or the assets of a client are at stake, the sense of responsibility is acute. At the same time understand that what you do as a practitioner and how you do it can make a significant difference to the lives of other people.’[2]
I would agree with his Honour’s observation.
Law in practice is very different from the academic exercise undertaken at university.
As a recent law student described to me, in talking about her work at a community legal centre,
‘It’s so different here – at university we focus on cases where the court has made the decision whereas here, we have to find the answers. We have to assess the information the client gives us, consider the relevant legal framework and then identify solutions which will work best for the client.’
I believe that the human dimension of the law and the responsibility which comes with advocating for others contributes to a strong social justice ethos within the legal profession.
Despite the frequent jokes about lawyers – it is clear that there is a real desire by many in the profession to make a contribution towards achieving a more just and equal society.
Since becoming Attorney, I have been impressed by the extent of pro bono work already being undertaken by the legal profession.
In the 2007-08 Annual Report, the National Association of Community Legal Centres reported that Centres:
- utilise over 300,000 hours of volunteers’ time;
- garner an additional estimated 25,000 hours per year of pro bono support from private law firms by way of secondments and other legal services to CLCs and their clients; and
- leverage more than $23 million worth of free legal assistance each year.
I know that a number of law students at the ANU regularly volunteer at the Welfare Rights Centre and other services. This reflects the contribution made in a number of universities across Australia.
However, volunteering at community legal centres is just one example.
There are many examples of how law students and lawyers help advocate on a range of issues – membership to NGOs such as Amnesty and Red Cross can help increase awareness of both domestic and international issues and generate support for systemic change.
Clinical Legal Education
To ensure that this tradition continues, I strongly believe in equipping law students with the knowledge necessary to promote social justice throughout their professional lives.
Awareness of human rights, social equity and access to justice issues ensures that graduates are well placed to help those who need it most.
A great way to do this is by participating in opportunities with legal assistance service providers.
The Government supports clinical legal education in law schools and funds several community legal centres to run clinical legal education programs.
I understand that the ANU Legal Workshop is working with the National Association of Community Legal Centres to assist students to undertake legal practice experience in a regional, rural or remote centre.
The ANU College of Law offers Clinical Legal Programs and volunteering opportunities at:
- the ACT Youth Law Centre
- the Welfare Rights and Legal Centre, and
- the Aboriginal Legal Service.
I urge all of you to take these opportunities to enhance your career and contribute to the community.
Conclusion
Thank you very much for the invitation.
It is clear that there are a range of issues which you are concerned about and will be progressing through your social justice committee.
This is important – social justice requires a desire for change to make our community a better place for all.
I wish you well in your studies and your future careers.
Thank you.
[1] Michael Dodson, First Report of the Aboriginal and Torres Strait Islander Social Justice Commissioner, 1993.
[2] Chief Justice Robert French, ‘The Human Dimension of the Law’, University of Canberra, Canberra, 3 April 2009.
