Done By Law

40 Years Tent Embassy and Your Rights at Festivals

On 26 January 1974 the Aboriginal Tent Embassy was established under an umbrella on the grounds in front of Parliament House. This Survival Day marked the 40th anniversary of the Embassy. A gathering in Canberra celebrated the activists who have fought for the Aboriginal Tent Embassy and its historical and ongoing fight for justice. We talk to Meghan Fitzgerald who attended the Tent Embassy 40th anniversary commemorations about the gathering, the media misrepresentations of the protests and the ongoing struggle for survival and justice.

Summer is music festival and rave season. We discuss issues surrounding the policing of festivals and raves, especially the use of sniffer dogs, drug test and searches by security guards and police and how these tactics risk undermining harm reduction approaches to drug use. Listen in to find out more about your rights at festivals!

DBL: Consumer Rights over the Festive Season

 The lead up to Christmas is often a financially stressful time for families. With rent and energy prices steadily rising it’s not set to get any easier to make ends meet. People may be tempted to borrow money to get through Christmas and may end up with debt which they struggle to repay. They may also get caught up in a scam or end up with goods which weren’t what they were expecting and want their money back.

Today we’re speaking with Daniel Simpson, Media and Communications Officer at the Consumer Action Law Centre. One of his main roles is to ensure consumers are aware of the rights, and also that retailers and service providers are aware of their responsibilities. Daniel and Consumer Action also advocate for regulatory and legislative change in an effort to advance consumer rights. Before starting at Consumer Action Daniel worked for The Hon. Tony Robinson MP, former Victorian Minister for Consumer Affairs. It is clear that consumer rights are obviously a longstanding passion of Daniel’s and it’s a pleasure to have him on the show tonight.

8 November 2011 - Victims’ Rights

Last year in Victoria, just over 39,000 persons reported being the victim of a crime against the person. An estimated further 60,000 Victorians were the victim of a crime but made no report to the police. Being a victim of crime, especially violent crime, can have devastating effects on an individual, their family and the community. On top of physical injuries, victims are at greater risk of mental illness, particularly anxiety, depression and post-traumatic stress disorder. Carer responsibilities and employment also suffer. Then the is the traumatising ordeal of having to navigate the criminal justice system – from making a statement to police and identifying the offender, to being called as a witness and cross-examined by over-zealous defence lawyers.

On tonight’s show, Clare Morton, Director of the Victims Support Agency within Department of Justice, will lead us through a step-by-step guide for victims involved in the justice system – what to expect from the criminal justice process and what supports are available along the way.

A must-hear for anyone who has been, or who wants to support a friend or loved one who has been, a victim of crime.

Tune in to 3CR 855AM from 6pm.

World Mental Health Week: 11 October 2011

Yesterday was World Mental Health Day, a day aimed at raising public awareness about mental health issues. So tonight on Done By Law, we’re talking about mental illness. People suffering from mental illness can sometimes be treated without their consent, both in hospital and in the community. When this happens, people can be subject to involuntary treatment because they can’t or won’t consent to treatment. Involuntary patients can be subjected to significant restrictions on their personal liberty. So what safeguards are there to protect their rights, and do the safeguards go far enough? Tonight on Done By Law we talk to Catherine Leslie, lawyer and policy officer at the Mental Health Legal Centre and Merinda Epstein, a consumer of mental health services and coordinator of Our Consumer Place, a resource for mental health consumers.

DBL 27 September 2011 - Reverse Presumptions & Decarceration

Natasha Wholan is a Drug Outreach Lawyer with Fitzroy Legal Service. On the show she talks about her experience as a newly admitted lawyer involved in the Momcilovic case which raised human rights arguments in criminal matters and was heard in the High Court of Australia.

Terri Silvertree is an advocate with the Decarceration Network which is working to promote decarceration and abolitionist messages through a poster that outlines the real impacts of imprisonment and criminalisation in terms of violence, recividism and community safety. The poster was recently launched by the Centre for the Human Rights of Imprisoned People.

13 September 2011: Social Security Special

With nearly one third of the population accessing some form of Centrelink payment social security law affects many members of our community. Many people may not be aware of what their rights are in relation to Centrelink decisions, or what risks are involved in failing to comply with their obligations. Tonight on Done By Law we speak with Len Jaffit and Michael Freedman from Victoria Legal Aid about how to review Centrelink decisions, and what to expect if you are charged with social security fraud.

Intervention Orders and Mediation: 30 August 2011

The Personal Safety Intervention Order Act is overhauling the way that people are able to protect themselves from others who are not related family members. A big part of that change is encouraging more people to try mediation. Joining us tonight’s show is Neil Twist, the Director of Appropriate Dispute Resolution in the Department of Justice, who will discuss with us how mediation works and what it means for people trying to resolve their disputes under the new intervention order laws.

Your right to privacy - does it exist?: 26 July 2011

In the wake of the phone hacking scandal in the UK that has implicated Murdoch’s News Group newspapers in illegal hacking of mobile phone messages and obtaining unauthorised access to confidential personal data, Done By Law this week will focus on the right to privacy in Victoria. Do individuals in Victoria have a right to privacy of personal information? What personal information can individuals expect to be kept confidential? Can the media be held accountable for breaching privacy - or should it? Joining us tonight to discuss these issues is Dr Anothny Bendall, Deputy Commissioner of Privacy Victoria.

Mandatory sentencing: 28 June 2011

Victoria’s Attorney-General Robert Clarke has announced the Government’s intention to introduce statutory minimum jail sentences for persons convicted of offences involving “gross violence”. The Government says that it is meeting the community’s expectations of punishment and aiming to deter further offenders by mandating minimum custodial sentences of 2 years for 16 and 17-year olds and 4 years for adults. Others in the community worry that removing judicial discretion and considerations of rehabilitation can do more harm than good. On tonight’s show we seek the perspective of  Jill Prior and Ellie Pappas of Victorian Aboriginal Legal Service on these proposed laws and how they will play out for offenders and their communities.

Public housing and human rights: 26 April 2011

A recently proposed law will give the Office of Housing the powers to evict public housing tenants who have been charged with drug trafficking. We speak with Chris Povey from Homeless Persons Legal Clinic to explore the debate around appropriate use of tax-payer funded housing and broader concerns such as the impact on families and emergency housing sectors. We also talk with Huy Zhou from Fitzroy Legal Service about issues of double punishment, the law’s impact on criminal proceedings, and the contradiction inherent in evicting people from public housing for the same reasons that often lead them to require housing in the first place.