by Nicolas Patrick, Chairman, PALS Advisory Group 

I recently spoke on the topic of Animal Law at the NSW Community Legal Centres Conference. The night before my presentation I attended the conference dinner at a tapas restaurant in Sydney. As the main course was being served there was an interesting discussion about the food that was arriving at the table.

The person to my left asked the waiter whether the eggs in one of the dishes were free range. The waiter went to the kitchen to check. The person on my right had pre-ordered a vegetarian meal. She said that her decision to avoid meat was based on factory farming practises, which she saw as unethical. Then, the person sitting opposite me refused her serving of prawns. She told me that she wasn't a vegetarian and that she enjoyed eating prawns, and often ate prawns, but only when she knew where the prawns came from. Her primary concern was unsustainable fishing practises in South East Asia and other parts of the world. She felt that a decrease in demand for such products might impact fishing practises.

These are all examples of the increase in what some have described as conscious eating. Conscious eating is about being aware of where your food comes from and the social and environmental impact of your eating patterns. It is not, as Oprah recently pointed out, about being conscious of the fact that you are eating a hamburger, so that you don't sit wondering where it disappeared to, and then grab another one.

This trend has developed in parallel with the sudden and massive increase in the availability of information. Not since the beginning of industrialisation have we been able to access such volumes of information about the origins of the products that we consume. For example, many people who fly regularly now off-set the carbon emissions of their air travel because they now understand the environmental impacts of their flights. Most people probably still don't realise that the production of beef also results in very high carbon emissions, which for the average consumer are likely to be more significant than an annual overseas holiday.

Gippsland Coastal Board v South Gippsland SC & Ors (No 2) [2008] VCAT 1545

PILCH has recently developed some key thematic priorities and working groups to guide future referrals and law reform work of the Public Interest Scheme. One priority is the development of a Pro Bono Environmental Partnership, whose mission is to provide environmental not-for-profit organisations and members of the community with increased access to pro bono legal advice and representation in relation to matters raising issues of environmental protection.

By working closely with environment and climate change practice groups in PILCH member firms, PILCH hopes to build the capacity and interest amongst firms and the profession to accept pro bono referrals and engage in policy and law reform work. In the casenote contained in the link below, Astrid Di Carlo and Joseph Monaghan of Russell Kennedy examine the VCAT decision in Gippsland Coastal Board v South Gippsland SC & Ors (No 2) [2008]. The Tribunal's findings in this decision in relation to global warming and rising sea levels have attracted considerable attention and have elevated climate change as a relevant consideration in planning decisions.

Melbourne Awards Finalist
The Homeless Persons' Legal Clinic was a finalist in the Melbourne Awards earlier this month. The Melbourne Awards, held annually, celebrate the achievements of individuals, community organisations and corporations that make a significant contribution to the city of Melbourne. HPLC was nominated in the Community Division for its contribution to the community. PILCH congratulates SecondBite, the winner in this category. SecondBite are a predominantly volunteer-based organisation that source good quality food to deliver to homeless agencies and individuals.

Coroner's Court Training
Earlier this month LIVLAS and PILCH organised free Coroner's Court training for barristers and solicitors with the objective of further developing their expertise in Coroner's Court matters. The training was a great success, with approximately 90 practitioners in attendance at the training, hosted by Russell Kennedy. Some of the attendees have already registered their interest in providing pro bono advice and representation for applicants for legal assistance through PILCH. Thank you to Dyson F Hore-Lacy SC, Jane A Dixon SC, Dr Ian R L Freckelton SC, and Victor Harcourt, principal of Russell Kennedy Law Firm for lending their expertise to this session. Read more about the Coroner's Court below.

Homelessness Law and Advocacy Resource Manual Launch
HPLC's Homelessness Law and Advocacy Resource Manual was launched on 2 September by Chief Magistrate Ian Gray. The Manual is a comprehensive online resource for lawyers, service providers and clients with practical information on various areas of law affecting people experiencing or at risk of homelessness. The Manual has been supported with a general grant from the Victoria Law Foundation.

The Manual is now available online.

^{(Picture L-R: Chief Magistrate Ian Gray, VLF CEO Joh Kirby, HPLC Manager Caroline Adler)}

Staffing
PILCH welcomes Lucy McKernan and Catherine Symons as Co-Managers of Public Interest Scheme. Prior to joining PILCH, Lucy was Senior Associate at Allens Arthur Robinson with 10 years litigation experience. She also has vast knowledge of pro bono and the community sector, having been a member of the AAR Pro Bono Committee, senior supervising solicitor for the HPLC, a founding advisory member of the HRLRC and the recipient of numerous PILCH referrals. Catherine has practised as a barrister since 2005 in commercial, employment and planning and environment matters. She is also a former Associate to Justice Marshall of the Federal Court and spent 4 years in private practice prior to joining the Bar. Lucy has regularly accepted PILCH and VBLAS briefs and has shown great commitment to pro bono and access to justice work. She also has a strong interest in environmental law and was a founding member of the Barristers Environmental Panel.

PILCH has also appointed Simone Cusack in a new role as a full time Lawyer on the Public Interest Scheme. This new position has been made possible through generous funding from the Transport Accident Commission. Simone has previously worked as a HPLC lawyer at Blake Dawson, has advised the Human Rights Law Resource Centre, and has more recently been working as a Fellow at the University of Toronto. 

PilchConnect Seminar:  What tax concessions can your not-for-profit get?
Presented by: Dianne Sislak, Minter Ellison Lawyers

Tuesday 15 October
10am-1pm 
Minter Ellison, Level 23, The Rialto Tower 525 Collins Street, Melbourne

Is your organisation eligible for tax exemption? What are the pros and cons of forming a tax-exempt organisation? What are the benefits and responsibilities of being incorporated and tax exempt? What are the alternatives to filing for tax exemption that will still allow your organisation to receive donations? This important seminar will thoroughly discuss the process of becoming a tax exempt organisation and will help you determine whether this is the right choice for your organisation.

Sweeping changes to legal outsourcing unveiled, The Australian, 19 September 2024
Mat Tinkler, Acting PILCH ED, discusses the federal Government's rejection of mandatory pro bono targets for law firms who want to do government work.
 Read online

Pro bono scheme mooted, The World Today, ABC, 12 September 2024
Mat Tinkler is interviewed by Paula Kruge in relation to a proposal by the federal Government to consider pro bono when evaluating legal services tenders
 Read or listen online

Insights into the work and staff of Senior's Rights Victoria, Cota News, August-September 2008
Interview with Susannah Sage Jacobson, Pro Bono Manager
 Read online

Compelled to be free, The Law Institute Journal, August 2008
Mat Tinkler discusses the role of government in mandating law firms' pro bono requirements

A roof somewhere, The Melbourne Times, 30 July 2024
Caroline Adler, HPLC Manager, Deb Tsiboras, Council to Homeless Persons CEO, and David Imber, VCOSS, are interviewed about the severe lack of adequate housing in 21st century Melbourne

Bendigo legal centre focuses on homelessness, Bendigo Weekly, 11 July 2024
 Read online
A new homeless persons' legal clinic for Bendigo - a joint initiative of the HPLC and Loddon Campaspe Community Legal Centre

Missing out - homeless disadvantaged by lack of legal services, Riverine Herald, 9 July 2024
Homelessness in regional Victoria

Dire need for legal help, The Advertiser, 3 July 2024
Homelessness in regional Victoria

Submission to the Senate Legal and Constitutional Affairs Committee's Inquiry into the Independent Reviewer of Terrorism Laws Bill 2008
September 2008

On 4 September 2008, the Australian Senate Standing Committee on Legal and Constitutional Affairs invited PILCH to make a submission in relation to the Independent Reviewer of Terrorism Laws Bill 2008. The Bill proposes to establish an Independent Reviewer of Terrorism Laws to ensure ongoing and integrated review of the operation, effectiveness and implications of laws in Australia relating to terrorism. Despite a tight deadline, the submission was lodged on 12 September 2024 due to the invaluable assistance provided by Mallesons Human Rights Law Group, in particular Sharyn Broomhead, Peter Henley, Robert Kovacs, James McCarthy and Jayani Nadaraj.

In its submission, PILCH supports the establishment of an independent reviewer of terrorism laws but recommends a number of amendments to improve the Bill, including that the Independent Reviewer be:

• appointed in a transparent and accountable manner;
• required to have regard to relevant international human rights law standards;
• granted the power to review any legislation which impacts upon the prevention, detection or prosecution of a terrorist act; and
• required to have regard to a non-exhaustive list of relevant considerations when determining review priorities.

 Download the submission from our website

Submission to the Victorian Law Reform Commission's Assistance Animals Consultation
August 2008

The Victorian Law Reform Commission (VLRC), at the request of the Victorian Equal Opportunity and Human Rights Commission (VEOHRC), is examining the law in Victoria as it relates to people with a disability who rely on assistance animals. Types of assistance animals currently used in Australia include guide (or ‘seeing eye') dogs, hearing dogs, mobility support animals, medical alert animals and psychiatric service animals.

In Victoria, there is no single law that deals comprehensively with assistance animals and instead there are various Acts and regulations (including the Domestic (Feral and Nuisance) Animals Act 1994 and Equal Opportunity Act 1995 (EOA) at State level as well as the Disability Discrimination Act 1992 (DDA) at Commonwealth level) that govern this area.

VEOHRC is concerned that Victorian law does not adequately protect the rights of people with assistance animals and as a result, this lack of clarity and certainty in the law has led to discrimination.

PILCH's recommendations in its submission to the Consultation included the following:

• the VLRC should measure the efficacy of Victoria's legislative framework in respect of assistance animals against Australia's human rights obligations, including under the Convention on the Rights of Persons with Disabilities;
• various EOA amendments are needed, including a consolidation of all Victorian laws relating to assistance animals into the EOA and amendments to ensure that the EOA is consistent with the equivalent assistance animal provisions under the DDA;
• an Assistance Animals Board should be established, which would be responsible for the accreditation of approved assistance animal trainers; and
• assistance animals should be required to wear a distinctive visual identifier in order to raise public awareness and acceptance of assistance animal partnerships.

 Download the submission from our website

Submission to the Senate (Economics Committee) Inquiry into ‘Disclosure regimes for charities and not-for-profit organisations'
August 2008

PilchConnect put in a substantial submission to the Senate (Economics Committee) Inquiry into ‘Disclosure regimes for charities and not-for-profit organisations' on 29 August 2008. The submission emphasised the need for better underpinning for the not-for-profit (NFP) sector including:

• an independent national regulator for the sector;
• improved NFP-specific legal structure(s) that allow the benefits of incorporation with minimum expense but also flexibility to met the needs of the diverse range of organisations within the sector; and
• uniform fundraising and disclosure requirements based on a sliding scale, where disclosure obligations are proportionate to NFP size.

PilchConnect drew together the recommendations and findings of numerous government, independent and academic reports with PILCH's experience of 14 plus years of brokering pro bono legal assistance for NFPs. Thank you to Middletons for their research assistance and to Clayton Utz for hosting a forum to discuss the Inquiry (run by the National Roundtable of Nonprofit Organisations).

Several organisations endorsed the submission and others referred to it. The Inquiry is due to report to Parliament by the end of November.

 Download the submission from our website

Senate Inquiry into the Sex Discrimination Act 1984
August 2008

In 2008 the Senate initiated an inquiry into the effectiveness of the Sex Discrimination Act 1984 (SDA) in eliminating all forms of sex discrimination against women. The PILCH submission draws on case examples in which PILCH has advised or assisted individuals with referrals to lawyers for pro bono assistance, and feedback obtained through consultations with complainants, lawyers and health professionals. Whilst the submission focuses on sexual harassment, an extremely prevalent form of sex discrimination, many of PILCH's observations and recommendations are also applicable to other forms of discrimination against women. The analysis of sexual harassment and the remedies provided for it under the SDA and the Human Rights and Equal Opportunity Commission Act clearly illustrate the following:

• The inadequacies and inherent power imbalances of the current complaint system;
• The need to expand the role of HREOC or create a like agency to investigate and remedy sex discrimination and increase HREOC's capacity to undertake research for law reform purposes and conduct education and training;
• The often inconsistent, insensitive, and unjust outcomes for victims when internal grievance procedures are used by organizations and employers;
• The problems associated with the use of confidentiality agreements; and
• The inadequacy of the remedies that are currently available.

The submission was informed by principles of international human rights law, in particular the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), that places obligations on all signatories to ensure that they have legislation and policies in place to protect women from sex discrimination and provide meaningful and appropriate remedies when such discrimination occurs in order to fulfil their human rights obligations.

 Download the submission from our website