In March 2010, the Parliament of Victoria enacted the Equal Opportunity Act 2010 (Vic.) – a much anticipated law that strengthens the Equal Opportunity Act 1995 (Vic.) and responds to the Gardner report and other recent reviews of Victoria’s equality law.  

While some commentators would have us believe that Australia is a fair and equal society, evidence shows that discrimination continues to take an individual and collective toll on the community and that the strengthened equality law is much needed. 

For example, it is estimated that discrimination against persons experiencing homelessness not only harms the individuals concerned but also has a public cost of up to $34,000 per person every year. VicHealth has explained that there is a strong correlation between exposure to ethnic- and race-based discrimination and poor mental health, especially depression (which costs $14.9 billion each year and results in more than six million lost working days annually). Inequality between men and women in the workplace continues to impact negatively on women as well as on families and society as a whole. In a report on the economic cost of gender disparity in the Australian workforce, Goldman Sachs JBWere found that reducing the gap between male and female employment rates would increase women’s workplace participation and boost the level of Australian GDP by 11%.   

The new Act, which is likely to commence operation on 1 August 2011, introduces a number of key reforms, including:  

• simplifying the definitions of discrimination
• expanding the Victorian Equal Opportunity and Human Rights Commission’s powers in respect of discrimination, including its power to address systemic discrimination
• establishing mechanisms that encourage best practice to prevent and eliminate discrimination
• improving the dispute resolution process
• amending and abrogating certain permanent exceptions to unlawful discrimination
• expanding protections against sexual harassment to include volunteers.

It is disappointing, however, that the new Act fails to prohibit discrimination on the grounds of homelessness or irrelevant criminal record, as advocated by PILCH and the PILCH Homeless Persons’ Legal Clinic. It is further disappointing that the new Act retains many permanent exceptions which, in PILCH’s view, are in violation of the Charter of Human Rights and Responsibilities Act 2006 (Vic.). 

^{For further information about PILCH’s work on equality, see here or email Simone Cusack.}

National reform of the legal profession
PILCH has been an active participant in Victorian stakeholder consultations to the current Commonwealth all of Government (COAG) initiative to reform the national legal profession. After an extensive review, the National Legal Profession Reform Taskforce released its draft National Law and Rules last week. PILCH commends the Taskforce, its Victorian representative, Louise Glanville, and her team at the Department of Justice for their significant contribution.

Positive developments for access to justice include a requirement that all practitioners (other than Government policy lawyers) will have practicing certificates, and that all certificate holders will be able to apply for an endorsement to practice pro bono for a community legal centre (CLC). Absent from the proposed laws, however, is an opportunity for corporate and government lawyers to undertake pro bono other than with a CLC. This, for example, excludes a corporate legal team from accepting pro bono referrals in-house, or from providing assistance to not-for-profit organisations with which they might enjoy a relationship. 

Recent discussions with Taskforce members indicate they are amenable to reviewing this, and they have invited further submissions on this point. PILCH will lodge a submission recommending appropriate amendments to the draft National Law. We regard this as an important opportunity to harness the pro bono capacity and wiliness of Australian corporate and government lawyers. Submissions must be provided to the Taskforce by 13 August 2010. Please contact Gregor Husper for any comments, or to receive a PILCH commentary for adoption by third parties.

Using human rights in the fight against violence against women: Warrnambool
On 25 June 2010, PILCH, together with the Department of Planning and Community Development, hosted a workshop in Warrnambool on using human rights in the fight against violence against women.  The workshop was attended by a diverse range of people, including lawyers, advocates and service providers. Workshop materials are available here.

PILCH Employee Launches Book
On 20 May 2010, Professor Hilary Charlesworth launched Gender Stereotyping: Transnational Legal Perspectives, a book authored by PILCH Employee Simone Cusack and Professor Rebecca Cook of the University of Toronto. The event was generously convened by Professor Di Otto and the Institute for International Law and the Humanities at Melbourne Law School.

ACDC Shepparton
The first of the Aboriginal Credit & Debt Clinics (ACDC) was held in Shepparton on Wednesday 19 May. The ACDC is a joint pilot project of PILCH and the Victorian Aboriginal Legal Service that aims to:

• provide free legal assistance on credit and debt legal matters to Aboriginal people living in regional and remote Victoria
• through this legal assistance, to reduce the incidence of debt and credit legal problems for the target client group and improve their legal literacy so that they are better able to avoid financial exploitation and to navigate disputes with credit providers
• to collect data on legal need and to advocate for increased government funding for civil law services for the client group. 

The ACDC draws on a team of pro bono lawyers from member law firms who received cultural awareness and substantive law training. The lawyers will provide free legal advice and on-going casework services at a series of 4 one-day legal clinics in different regional locations: Shepparton, Ballarat, Morwell and Mildura.

The first clinic in Shepparton was very successful with a good flow of clients at the Uniting Care venue and a number of prisoners who the legal team visited at the Dhurringile Prison. The clinic was promoted extensively to local stakeholder agencies and on local radio and in the local newspaper.

Seven lawyers took instructions in relation to a wide range of debt matters including:
Infringements (parking, speeding, unregistered vehicle), Centrelink debts, and utilities debts
with credit reporting agencies. The debts ranged from a few hundred dollars to $40,000.  Two financial counselors (from Goulburn Valley Health Service) attended for the whole day and were a very valuable additional resource for clients and lawyers.  The other service providers who attended were: My Moola, Rumbalara Co-Op, Consumer Affairs Victoria, Centrelink, the Lodden Campaspe CLC (outreach), ASHE.  Feedback from the lawyer team was that they found the day rewarding and challenging and have some juicy legal issues to pursue in the on-going casework.

The next clinic will be held in Ballarat on 1 July and then in Morwell on 29 July.

Melbourne Hosts International Conference on Ageing
Internation Federation on Ageing 10th Global ConferenceThe Internation Federation on Ageing 10th Global Conference, Climate for Change, Ageing Into The Future, was held in Melbourne from 3 - 6 May 2010. The Conference was hosted by the International Federation on Ageing (IFA) and the Council on the Ageing (COTA) Victoria, one of PILCH's joint venture partner in Seniors Rights Victoria, a specialst community legal service established to respond to and prevent elder abuse. PILCH's Seniors Rights Legal Clinic Manager Lauren Adamson presented a symposium on Elder Abuse from a Human Rights Perspective together with Clinic lawyer Cameron Roberts, Herbert Geer, and Rachel Ball, Human Rights Law Resource Centre. Conference themes included Human Rights, Social Inclusion, Climate Change and Resourcing Change. Speakers, including keynote speaker Dr John Beard from the World Health Organisation challenged delegates to rethink expectations about workforce participation and mechanisms for protecting the rights of older people in the face of increasing life expectency and the predicted global increase in the number of people over 60. Further information on the conference can be found at www.ifa2010.org.

Unfair terms in insurance contracts 
In May 2010, PILCH made a submission the Corporations and Financial Services Division of the Federal Treasury in response to the Unfair Terms in Insurance Contracts – Options Paper, which was released for public comment on 17 March 2010. Among other recommendations, PILCH recommended that insurance contracts should be exposed to the unfair terms regime contained in the new national consumer law (comprising the Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010, and the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010). Read the submission.

Homelessness 2020 consumer consultations
The HPLC has been busy organising and running consumer consultations into the Victorian Homelessness 2020 Strategy. These discussion groups actively involve people who are either homeless, previously homeless or at risk of homelessness in evaluating current and proposed government policies and projects in response to homelessness. New strategies and ideas are also canvassed, with an aim to strengthening the effectiveness of services within the homeless sector, in order to help those experiencing homelessness gain greater economic independence, as well as greater social rights and inclusion. Read the submission.

Victorian Law Reform Commission Guardianship Information Paper
The HPLC prepared a response to the Victorian Law reform Commission Guardianship Information Paper. The focus of this submission was on the legal, practical and procedural barriers that interfere with the right of people with a disability, particularly those experiencing or at risk of homelessness, to enjoy legal capacity on an equal basis with others in all aspects of life. A copy of the submission can be viewed here. Read the submission.

Universal Periodic Review Process
In April 2010, PILCH made a submission to the Attorney-General on the Universal Periodic Review process. The submission outlined eight of the major human rights issues that, in PILCH’s view, should be addressed in the Australian Government’s report to the United Nations Human Rights Council.  These issues included the National Human Rights Consultation, access to justice and human rights education.  Read the submission.

In the last two months PILCH has written, contributed to or been featured in the following media and publications:  

Bushfire Legal Help Report, Bushfire Legal Help, June 2010
Bushfire Legal Help, a partnership between PILCH, the Federation of Community Legal Centres, the Victorian Bar, the Law Institute of Victoria, the Victoria Law Foundation and Victoria Legal Aid, was formed within days of Black Saturday. It responded to over 2165 enquiries and provided ongoing legal assistance and resources to more than 800 Victorians affected by the bushfires. This page report describes the contributions of each of the agencies, including personal stories of the legal issues and harrowing experiences faced by victims of Black Saturday. Read the report.

Police Search Powers on a Knife Edge, The Age, 16 May 2024
HPLC Manager James Farrell notes that new police powers for random searches place human rights in a precarious position. Read online.

Female Lawyers Paving the Way, Lawyers Weekly, May 26 2010
Story on the fourth Women Lawyers Achievement Awards (Victoria), including the rising star award received by PILCH’s Strategic Policy Coordinator, Simone Cusack. Read online.

Women Lawyers Honour Outstanding Achievers, LIV Friday Facts, May 28, 2024
Story on the fourth Women Lawyers Achievement Awards (Victoria), including the rising star award received by PILCH’s Strategic Policy Coordinator, Simone Cusack. Read online.

PILCH Lawyer and CLC Volunteer Receive Awards, Community Law News, Autumn 2010
Story on the fourth Women Lawyers Achievement Awards (Victoria), including the rising star award received by PILCH’s Strategic Policy Coordinator, Simone Cusack. Read online.

Steve Price, Radio MTR 1377am, May 17 2010
HPLC Manager James Farrell discusses the human rights implications of random police searches.

Pro Bono referral leads to Supreme Court mortgage precedent
An important recent decision, secured with the assistance of pro bono solicitors and counsel, has established Supreme Court precedent on the responsibilities of mortgage brokers and mortgagees. 
 
In 2003, Mr S, an aged pensioner with limited English, came across an advertisement in his local paper that promised 100% returns on a $40,000 investment. Mr S responded to the ad and Mr Ian Maddocks, the architect of the property scheme, convinced Mr S to mortgage his home and borrow almost $200,000 from mortgagee Perpetual Trustees to invest in the scheme. Two years later, Mr Maddocks had been charged with fraud and Mr S, who had lost all of the money he invested, was facing the loss of his home. 

PILCH’s LIV Legal Assistance Scheme and Victoria Bar Pro Bono Scheme obtained pro bono representation for Mr S from Wisewould Mahony Lawyers and Mr Stephen Marantelli of pro bono Counsel in late 2005. 
 
On 4 May 2010, Justice Forrest delivered a judgment in Mr S’s favour that may have a significant impact on the way loan applications are processed and afford greater protection to borrowers. His Honour found that the mortgage provider Violet Home Loans had acted unconscionably in dealing with Mr S’s loan by failing to adequately investigate his ability to make repayments, and held that because Violet was acting as Perpetual’s agent in the transaction, the loan agreement and mortgage could be set aside.
 
PILCH understands that this is the first time that there has been a finding of agency against Perpetual and notes with approval the increased protection this decision could offer to consumers in the context of low document loan transactions.
 
PILCH congratulates the team at Wisewoulds and Stephen Marantelli of Counsel on their significant pro bono contribution that has led to the development of important legal precedent. 

Eviction
The HPLC recently assisted a client in relation to an eviction matter.  Marley* is a recent immigrant from Sudan who was evicted from her home by the Office of Housing, whilst she was overseas tending to family matters.  Upon her return, Marley discovered she had been locked out of her former home, her belongings disposed of and a debt incurred for costs of disposal.  Furthermore, the outstanding debt barred her from being considered for new housing.

Marley’s lawyers represented her at VCAT and managed to overturn the landlord's eviction, revoke the debt and secure compensation for her seized belongings.  With these matters resolved, HPLC also helped Marley secure new accommodation.  A great outcome all round!

^{*Name has been changed}