In Conversation with the PLN: Recent Episodes
Progressive Law Network
Catch up with Monash University's Progressive Law Network by tuning into our past panel events, and ongoing discussions about the many ways the law can be used to advance progressive social change. Join the PLN community on our socials: https://www.instagram.com/progressivelawnetwork/
Refugee law and policy in Australia sits within a complex, convoluted, and highly controversial immigration system. Australia’s harsh policies pertaining to refugees and people seeking asylum have been condemned both domestically and internationally by the UN Human Rights Council, Committee against Torture, and the High Commissioner for Refugees, as well as countless organisations, nations and individuals.
Despite this, many of these policies – offshore processing, Operation Sovereign Borders and boat pushbacks, onshore mandatory detention, the legality of indefinite detention– continue to have bipartisan support in the Australian parliament. Although, one notable change since the 2022 Federal Labor election has been the announcement that 19,000 refugees in Australia- who have for the past decade been granted only temporary protection visas- now have a path to permanency.
But how much has really changed under a new government? What gaps remain and who is being left behind? What lessons can be learned from the past decade of immigration policy and its irreversible harms?
To explore these questions and more, Ben, Lillie and Yash were joined by an expert panel with experience and insight into Australia’s system of refugee law and policy, and how it impacts people seeking asylum. Our distinguished guests included Dr Maria O'Sullivan (Associate Professor in Human Rights and Refugee Law at Monash University, and Deputy Director of the Castan Centre for Human Rights), Asma Mohammadrahim (Coordinator of International Student Engagement and recent Science graduate from Monash University, career coach at Host International, and former refugee from Afghanistan), and Esther Pearson (Associate at the Asylum Seeker Resource Centre, and former Refugee Status Determination Officer on Nauru).
For further reading and actionable resources, see our Take-Home guide: https://docs.google.com/document/d/1rI6QCobigTIVgyxFgO9GZZXuGzxLzYMxjCKH7SMOnvo/edit
The PLN was thrilled to once again host the Beyond Commercial Careers in Law event, where we welcomed a panel of speakers to share their experiences of working in non-commercial areas of law. We were joined by four incredible panelists: Zoe Chan (Principal Lawyer of Anika Legal), Bess Smallwood (Community Outreach Lawyer at Fitzroy Legal Service), Heela Arsala (Head of Legal Counsel at Buchan) and Brittni Dienhoff (Climate Lawyer at Environmental Justice Australia). In this discussion our panellists highlighted the difficulties around pursuing a career outside of commercial law and the ways they have navigated them.
Refugee law and policy has become one of the most highly contested issues in Australian political history. The use of mandatory, indefinite detention by successive governments, boat turnback policies, temporary protection visas with limited rights and a reliance on offshore resettlement pathways have come under the international scrutiny of UN treaty bodies, NGOs and nation states alike, who have condemned Australia’s approach as inhumane and in contempt of international law. Underpinning it all is the hypocrisy of a government gatekeeping stolen First Nations' lands.
In 'Beyond the Border', the PLN in collaboration with Monash with Refugees explore what happens after a person is forced to cross their homeland's boundary in search of safety. Cutting through the political rhetoric and misinformation about the experiences of refugees, we hear from the perspectives of people who have made the journey themselves. Their truth allows us to look beyond the social and geographic borders that have been used to divide all who now call Australia home.
In this introductory episode contextualising the podcast, we heard from a panel of experts in refugee law and policy through their work and lived experience: Malvina Hagedorn (Migration Special Counsel at Russell Kennedy Lawyers), Hannah Dickinson (Principal Solicitor at the Asylum Seeker Resource Centre), and Sajjad Askary (a Hazara former refugee, contributor to The Age and The Guardian, and current JD student at Monash University). Together, we discussed why Australia's immigration system is "a system in crisis".
This panel discussion explored the intersection between the law and activism. Several prominent speakers shared their experiences harnessing their education for the betterment of society, advice on pursuing a progressive law career, and insight into areas as diverse as climate action, mental health policy and disability services.
We heard from Laura John (Senior Solicitor at the Asylum Seeker Resource Centre), Bianca Failla (Co-ordinator at the Youth Disability Advocacy Service) and Leigh Ewbank (Climate Campaigner at Friends of the Earth), along with a surprise guest- one of the PLN's founders, Legal Aid lawyer Penelope Swales!
In this event, the PLN was joined by distinguished Elders Aunty Prof. Eleanor Bourke and Aunty Geraldine Atkinson to examine the relationship between truth-telling, treaty, Indigenous recognition and self-determination.
As central case studies for this discussion, we considered the objectives and processes of the First Peoples’ Assembly of Victoria and the Yoo-rrook Justice Commission, two recently established Indigenous-led bodies tasked with delivering the truth about Victoria’s colonial history and a pathway to treaty in Victoria. Consideration was given to what may be learnt from treaty and truth-telling efforts in Victoria and other jurisdictions for the purpose of best implementing the Uluru Statement from the Heart and a First Nations voice to the Commonwealth Parliament.
Check out the work of the First Peoples' Assembly and Yoo-rrook Justice Commission here- and we also recommend looking into and regularly Paying the Rent:
https://yoorrookjusticecommission.org.au/
https://www.firstpeoplesvic.org/
https://paytherent.net.au/
The PLN in collaboration with the Castan Centre for Human Rights Law was excited to once again announce the Beyond Commercial Careers Event, where we welcomed a panel of speakers to share their experiences of working in non-commercial areas of law. Pursuing a public interest law career can be very rewarding yet difficult, and we aimed to highlight the ways to navigate this.
So, if you’re a law student or lawyer wondering what lies beyond the corporate law, have a listen! We welcomed Tanya Sinha, Joseph Kelly, Liam Elphick and Fleur Ramsay. This event was moderated by Maria O’Sullivan.
*Please note: unfortunately technical difficulties prevented us from editing the audio recording causing a delayed start; apologies for the reduced audio quality.
The PLN had an insightful discussion surrounding the patriarchy in the political sphere. In recent years we have seen discussion of sexism in politics, and the so-called “boys club” that runs parliament; where allegations of the sexual harassment of women abound. At this event we discussed all things patriarchy-in-politics, from the narratives that commonly follow female politicians, to the structural barriers that prevent many women from entering politics in the first place. We were joined by Katrina Lee-Koo, Anjalee De Silva, JaneMaree Maher and Yasmin Poole.
The exercise of judicial power is one of the most important expressions of state authority in the Australian constitutional landscape. Yet, it is also one of the most commonplace. It bears repetition, then, to say that the makeup of the judiciary is of paramount importance to the standard of justice delivered by Australia’s court systems and the cultural expectations they set: not only in the legal profession, but the Australian community more broadly. Despite this fact, it is frequently observed that Australia’s judicial officers do not adequately represent the diversity of our community.
To speak to this issue, the PLN was joined by His Honour Judge Pillay of the County Court of Victoria. His Honour examined the effects that a lack of diversity among the judiciary has on the impartiality of its members and the consequences this has for justice, society and individual rights.
The last 20 years have seen immigration policy become one of the most highly contested issues in Australian political history. The use of mandatory offshore detention by successive governments, often in untenable conditions, and an unwillingness to follow through with obligations at international law which Australia has agreed to fulfil has caused it to come into the rebuke of UN treaty bodies, NGOs and nation states alike. So where to from here?
To answer this questions and others, the PLN was joined by one of Australia’s finest legal minds, Julian Burnside AO QC. With a wealth of experience in immigration and public interest litigation, Mr Burnside delved into the issues of greatest contention and the realities of modern refugee administration, whilst also suggesting future directions in immigration policy.
Featuring stellar guest speakers Dr. Michelle Maloney (Earth Laws Alliance), Bronya Lipski (Environmental Justice Australia) and Dr Keely Boom (Climate Justice Australia), the panel was an invigorating reminder to avoid complacency in environmental activism, even in the face of distraction.
In partnership with the Deakin Law Alternative, the PLN presented our monthly ‘book club' where we connected via an online forum to discuss and examine progressive law topics with leading experts.
For our third ‘Book’ Club, 'The Legality of Baby Markets', we delved into the legal, moral and human rights issues surrounding commercial surrogacy and the contracts formed in these surrogacy agreements. We were joined by: Dr Dominique Martin, an Associate Professor in Bioethics and Professionalism at Deakin University, and Professor Britta van Beers from Vrije Universiteit Amsterdam!
For further reading- the article for this Book Club:
https://www.abc.net.au/news/2019-07-29/push-to-simplify-international-commercial-surrogacy/11303164?nw=0&fbclid=IwAR2in2x-GjAaDPoEC654jRDpo2Rb_7U5jVX2aIaPBiNCdpZBf5GlQrKfZwg
In partnership with the Deakin Law Alternative, the PLN presented a monthly ‘book club' where we connected via an online forum to discuss and examine progressive law topics with leading experts.
This discussion with specialist criminal law barrister Justin Hannebery QC breaks down the Pell v The Queen High Court judgment and its implications, questioning the potential for this high profile case to stimulate law reform in the wake of the Royal Commission into Institutional Responses to Child Sexual Abuse.
For further reading, see the Pell case and podcast discussed here:
Pell v The Queen - https://www.hcourt.gov.au/cases/case_m112-2019
ABC Law Report podcast - https://www.abc.net.au/radionational/programs/lawreport/pell-freed-after-high-court-decision/12073738
In partnership with the Deakin Law Alternative, the PLN presented a monthly ‘book club' where we connected via an online forum to discuss and examine progressive law topics with leading experts.
In the first book club instalment, Emily Singh and Dr Brandy Cochrane discussed gender and sexual orientation issues within refugee law and how the experiences of refugees can be shaped by gender and sexuality, presenting unique challenges.
For further reading which this Book Club discussed see these works by Dr Senthorun Raj: https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/405/1058
https://e-space.mmu.ac.uk/628637/9/Raj%20-%20A%20Effective%20Adjudications%20Queer%20Refugees%20and%20the%20Law%20e.pdf
In this event, we get an inside scoop on what public law experts have to say on what COVID-19 means for human rights, the functioning of democracy and the future of the progressive law movement. We were joined by Tamar Hopkins, George Williams AO and Tim Lo Surdo as Lee Strike was unable to make the event.
This discussion took a close look at the mental health impacts of COVID-19 and sought to better understand what is being done to mitigate them. Is current mental health policy adequate in today’s environment? What issues must mental health services and policy makers be most aware of in their response to present conditions? What is to be done to ensure mental health services are wide-reaching and effective in Australia going forward?
To tackle these questions, we were joined by Christian Lane, co-founder of ‘A Reasonable Standard’, Dr Jessica Dean from Beyond Blue and Stuart Muir Wilson and Michael McGarvie from the Ecological Justice Hub.
The recent Black Lives Matter movement and #abolishpolice protests have gained momentum globally in Australia. We are devastated that it once again took the public and tragic deaths of more Black lives, to remind us of how the legal system fails Black people every day. Not enough is being done to enact change in the structures in which racial violence, particularly against Aboriginal and Torres Strait Islander peoples, exist. We want and need to do better.
The Progressive Law Network and Melbourne Public Interest Law Network brought together panellists (Teela Reid and Douglas Briggs) to discuss the legal implications of the Black Lives Matter movement in Australia, the role of law students and young lawyers, and many other topics relating to the what BLM looks like in Australia.
*Please note- due to technical difficulties the beginning of the recording was missed before Teela's introduction; apologies for the reduced audio quality.
Sexism is endemic in the legal profession and has been since its inception. This manifests in many ways. Patriarchal ideals and structural biases reinforce a culture in which the allegations against former High Court Justice Dyson Heydon surfaced.
We discussed this and more with Kathleen Foley (barrister, writer and past Associate to Justice Hayne), Molina Asthana (Vice President of the National Executive of Asian Australian Lawyers Association) and Josh Bornstein (National Head of Maurice Blackburn’s Employment and Industrial Law Department).
*Please note- due to technical difficulties the beginning of the recording was missed; apologies for the reduced audio quality.