Done By Law

DBL: Bingle, Privacy and the Wild West of the internet: 9 March 2010

You would have to have been living under a rock not to have noticed the media frenzy and public debate surrounding the naked photo of Lara Bingle, allegedly taken without her consent by Brendan Fevola while she was in the shower. Bingle’s manager Max Markson announced that Bingle would take legal action against Fevola for breach of privacy, defamation and misuse of her image.

However, the unauthorised taking, distribution or publication of photos and film has been an issue (including in the law) since these media were invented. In the age of cameras phones and internet publication, this problem has become more prevalent and somewhat more permanent.

Joining us tonight on Done by Law is the Victorian Privacy Commissioner, Helen Versey, to discuss Australia’s privacy laws and how technology and the internet have prompted calls for changes in privacy law.

Gunns 20 Litigation Goes to Trial - Feb 2nd 2010

On December 13, 2004, 20 environmental activists, organisations and concerned citizens were issued a 216 page writ by the Tasmanian logging company Gunns Ltd. The woodchipping giant is suing for a combined AU$6.9 million for actions it claims has damaged their business and reputation.

This unprecedented agressive attack on environmental activists is finally making it to trial.

Done by Law speaks to Lawyers for forest Solicitor Vanessa Bleyer and former Gunns 20 defendant Lou Morriss about the trial and some of its implications for the environment movement.

Kids locked up for no good reason - NSW Young Offenders and Bail: 2 March 2010

Up until 2007 in NSW, it was usual for about 3,600 young people to be detained in custody each year.

In 2006 - 2007, this number jumped to 4,236.

In 2007 - 2008, this number rose to 5081.

Over these years there was no increase in juvenile involvement in violent and property crimes.

The vast majority of these young people in custody were on remand (that is, they were not serving a sentence after been found guilty and convicted).  In fact, only a very small proportion of these young people (between 8-16%), went on to receive a custodial sentence

Tonight, DBL speaks to Katrina Wong, co-author of the report “Bail Me Out – NSW Young Offenders and Bail” about why so many young people are being detained in the State of NSW.

DBL: International students under attack: 9 February 2010

You might be mistaken for thinking that the recent Victorian government announcement of a new Minister for the Respect Agenda is a Monty Pythonesque farce – but no! On the 20th of January, Premier Brumby announced that Justin Madden would be the inaugural Minister for Respect, stepping into this role to address social issues such as alcohol related violence and racial tolerance.

This comes at a time where the Victorian government is under intense international scrutiny regarding the spate of attacks on Indian students in Victoria. Only last week, Brumby was on the defensive once again after the Indian high commissioner Sujatha Singh accused his government of not doing enough to address attacks on Indian students.

As a result of mounting pressure regarding these attacks, the Victorian Government has also recently opened a new 24-hour support and welfare service for international students. This service is supposed to provide support and advice on a raft of issues for international students, including legal services.

Meanwhile, the Western Suburbs Legal Service are ahead of the game. Acknowledging the raft of issues facing international students, in particular given the high incidents of assault against Indian students out west, an International Student Legal Advice Clinic (ISLAC) was established by the Western Suburbs Legal Service, in collaboration with volunteers working with the international student community. This clinic began on the 1st July 2009 and deals with a raft of issues including housing and tenancy issues, student rights, police matters (including complaints), employment and discrimination/racism

We are joined tonight on Done by Law by Sanmati Verma, Coordinator of ISLAC to discuss the ongoing issues facing international students and whether the government response is adequate in addressing these issues.

Done By Law on Survival Day

- Done by Law on Survival Day -

Here at Done by Law as part of 3CRs special Survival day broadcast we’re
trying something a bit new – we’re going to broadcast a reading of Maria
Giannacopoulos’ 2006 essay - Terror Australis: White Sovereignty and the
Violence of Law as published in the Borderlands e-journal.

The central contention of this essay, is that Australian law is a regime
born of, and sustained through racial violence. The paper rejects the
notion that there is an absolute separation between the workings of
Australian law and the workings of white sovereignty. Maria uses the
federal anti-terrorism laws, and the Tampa ruling, to bring together two
distinct instances of Australian law in order to show the inextricability
of law and racial violence.

you can find the original Giannacopoulos essay at the borderlands e-journal:

DBL: Political violence and the law in the Philippines: 12 January 2009

On 23 November 2009, 57 people were massacred near the town of Ampatutan in the province of Maguindanao in the Philippines. A convoy of vehicles was carrying civilians, journalists and lawyers, who were on their way to file a certificate of candidacy for Esmael Mangudadatu. Mangudadatu was challenging mayor in the forthcoming Maguindanao election. The convoy was stopped, the people abducted and later murdered. It was reported that witnesses and people in the cars on either side of the convoy were also massacred.

Andal Ampatuan, Jr and a number of others have been arrested for the massacre.  His father and several other clan members have been charged with rebellion. On 5 January 2010, Andal Ampatuan, Jr pleaded not guilty. The Ampatuan clan are known for being loyal supporters of President Gloria Arroyo. Since the election of President Gloria Arroyo in 2001, Human Rights Watch, Amnesty International and other human rights organisations have reported on the rise of serious human rights abuses in the Philippines. President Arroyo is charged with having created a culture of impunity for those committing politically motivated violence – which includes hundreds of extra-judicial killings and thousands of individual documented human rights violations.

Tonight we are joined by Neri Colmenares, Secretary General of the National Union of Peoples’ Lawyers – who lost colleagues in the massacre.  He will be discussing political violence and the law in the Philippines -  including an interesting proposition as to how Australian lawyers can actively help human rights in the Philippines.

DBL: New Police Powers: 1 December 2009

This week on Done By Law we talk to James Farrell, Principal Lawyer at the PILCH Homeless Person’s Legal Clinic, about proposed legislation soon to be made law, which is set to dramatically increase police powers in the State of Victoria.

These new laws will enable Police to conduct arbitrary searches of any person including children in designated zones.

Worryingly, this is the first piece of legislation to be introduced to Victoria’s Parliament with an acknowledgement that it is incompatible with the State Government’s new Charter of Human Rights and Responsibilities.

DBL 24 Nov: Local indigenous leaders speak out against local law 8

Last month on Done By Law, we examined the recent decision by Yarra Council to place a ban on public drinking through the introduction of Local Law 8, which will give police the power to pour out opened drinks and issue on the spot fines of $100.

This week we speak to three Indigenous leaders from Collingwood about what impact they think the laws will have, and how they intend to fight these provisions (see our news section for the details).

We also speak to Fitzroy Legal Service advocate Meghan Fitzgerald about new laws being introduced to give police the power to move people on.

DBL: LOCAl law 8 and the ban on public drinking in yarra, 27 Oct 2009

This week on Done By Law we take a look at the recent decision by Yarra Council to place a ban on public drinking. Local Law 8, was passed at a heated Council meeting last week and will give police the power to pour out opened drinks and issue on the spot fines of $100. We’re joined by Councillor Steve Jolly, the only member of Council to oppose the ban, and Belinda Lo from Fitzroy Legal Service.

DBL: Discrimination on basis of sexuality in Victoria, Australia: 13 October 2009

Tonight on done by law we are joined by Hayley Conway from the Victorian Gay and Lesbian Rights Lobby to discuss how the ‘right to religious freedom’ is used trump justice and equal rights. While Victoria’s Equal Opportunity Act makes it unlawful to discriminate against a person because of a particular attribute – including race, disability, age, physical features, political belief or activity, breastfeeding, sexuality, gender and marital status - Victoria has more exemptions to its equal opportunity law than any other state in Australia.