No place like home: Housing, homelessness, and the Human Rights Act
The right to adequate housing is internationally recognised, yet unrealised for tens of thousands of people across Queensland. Demand for social housing far outstrips supply,
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Spotlight
Human Rights
Human Rights Week 2021
QLS Proctor embraces Human Rights Week 2021, an initiative of the Queensland Human Rights Commission running from 1 to 10 December.
The UQ/Caxton human rights case law database
Tamara Walsh and Bridget Burton report after a year of monitoring cases that mention Queensland’s Human Rights Act 2019.
Restricted prisoner declarations – a flagrant breach of human rights
New Queensland legislation which enables the President of the Parole Board to extend the detention of particular prisoners by 10 years contravenes the state’s Human Rights Act.
Balancing life and liberty – Human Rights Week: 1-10 December 2021
Welcome to the 2021 Human Rights Week, which runs from 1 to 10 December.
A little bit of human rights history repeating
The new Queensland Human Rights Act begins to make a difference, as many realise for the first time how government decision making and actions affect their rights.
survey
Ready for the real world?
A new research project is looking into whether Queensland law graduates and newly admitted lawyers are adequately prepared for the ‘real’ world.
In the coming weeks we will hear from two young lawyers, a magistrate and a law association president about their views on this topic.
Are law students ready for the real world?
An early career lawyer who already leads a district law association has some important advice for today’s law students.
Are law students ready for the real world?
These days Deborah Vasta is a well-respected magistrate at the Magistrates Court of Queensland. But rewind 30 years and she was, like many others, a
Are law students ready for the real world?
Two young lawyers discuss their experiences of entering the legal profession and practising law after graduating from university.
Are law graduates ready for the real world?
A new research project aims to answer the question of whether Queensland law graduates are ready for the ‘real’ world.
VOLUNTARY ASSISTED DYING
Focus on voluntary assisted dying
With legislation to allow voluntary assisted dying (VAD) in Queensland now passed, QLS Proctor takes a closer look at the new Act with articles highlighting areas, such as insurance and superannuation, that practitioners will need to keep in mind.
QLS Proctor also republishes a special 2019 feature which discussed VAD proposals and encouraged community debate on this controversial issue.
A closer look at the VAD Act: Advance care planning
In the fourth of a special series of articles on Queensland’s voluntary assisted dying legislation, we look at some of the practical implications in terms of how it may be considered within advance health care planning.
A closer look at the VAD Act: The common law forfeiture rule
In the third of a special series of articles on Queensland’s voluntary assisted dying legislation, we look at some of the practical implications in terms of the common law forfeiture rule.
A closer look at the VAD Act: Medical practitioner liability
In the second of a special series of articles on Queensland’s voluntary assisted dying legislation, we look at some of the practical implications in terms of liability for medical practitioners.
A closer look at the VAD Act: Superannuation and insurance
In the first of a special series of articles on Queensland’s voluntary assisted dying legislation, we look at some of the practical implications in regard to superannuation and insurance.
Voluntary assisted dying – how it would work
The report of the Queensland Law Reform Commission(QLRC), ‘A legal
Not a simple matter of life or death
Euthanasia or dying with dignity – there are many euphemisms
Four issues to consider when legislating for medically assisted dying
OPINION Australian jurisdictions are currently considering laws and policies relating
Death and the rule of law
OPINION I presume that the Rule of Law is to
Should it be legalised in Queensland?
OPINION In its call for submissions to the Inquiry into
Voluntary assisted dying law reform for Queensland
OPINION Voluntary assisted dying (VAD) is a controversial topic. Victoria’s
ELDER ABUSE AWARENESS
World Elder Abuse Awareness Day 2021
World Elder Abuse Awareness Day occurs on 15 June each year. This issue remains a grave concern for the community and appears to have worsened during the COVID-19 pandemic. QLS Proctor has assembled articles that paint a disturbing picture of the current state of elder abuse in Australia.
COVID-19 and older Australians
The Royal Commission into Aged Care Quality and Safety, in its interim COVID-19 Report released in September 2020, highlighted that 74% of the Australians who
The sadness of older person abuse in Australia
Prior to the COVID-19 pandemic, the Australian Institute of Family Studies reported that between 2% and 14% of older Australians are likely to suffer financial
Reducing elder abuse through a national register of EPOAs
Enduring powers of attorney (EPOAs) are important tools that allow older people to choose the person (or persons) who will make financial decisions on their
Community legal volunteers
Queensland has 34 not-for-profit community legal centres (CLCs) dotted across the state.
Volunteering Queensland – the state’s chief non-profit volunteer and community engagement organisation – estimates that as many as 700,000 of the state’s 5.18 million people give freely of their time each year to make an extraordinary impact on the people, communities and environments in which they live.
Many of these are lawyers.
Community legal volunteers: Shaun Chng
An act of kindness, no matter how small, is never wasted and makes a big difference to our community and the world. Volunteer work is impactful and rewarding as not only does it give you an opportunity to help someone in need, it also teaches you a lot and contributes to your personal growth as a lawyer and as a person.
Community legal volunteers: Aunty Kathleen Wincen
Aunty Kath provides invaluable contributions to her organisation and the entire community legal sector as a Traditional Owner, a mother, grandmother, an Aunty, a sister, a niece, a teacher, colleague, mentor, university tutor and friend.
Community legal volunteers: Tian Behenna
Volunteering is all about an understanding of different client circumstances, and the need that exists in the community for CLC support to secure access to justice.
Community legal volunteers: Kate Fuller
Having had a fulfilling career in the law, this is my way of contributing back to the community and helping to ensure that people can gain access a good lawyer and get the advice and help that they need.
YOUTH JUSTICE
The state of youth justice
In 2019, Proctor took an in-depth look at the issue of youth justice and detailed the (then) current state of affairs in youth justice and spoke to people who dealt with the issue on a daily basis. Given the current focus on the issue, QLS Proctor has re-published these articles to help inform and inspire conversation around youth justice. More articles will be added to this Spotlight series as the current debate on youth justice unfolds.
Suffer the little children
Hundreds of caged children as young as 10, sharing prison-style common areas with pedophiles, locked up for weeks in solitary confinement and wanting nothing more than to speak to their mothers.
The state of youth justice
This article, by Damien Atkinson, first appeared in the July 2019 edition of Proctor. Happy children don’t do crime. They aren’t out late, rolling people
The times change, the suffering remains
This article, by John Robertson, first appeared in the July 2019 edition of Proctor. Tony Keim’s article in the June 2019 Proctor, ‘Suffer the children’,
Saving a generation lost in the youth justice crisis
What has been achieved to help rectify the problem of dozens of children held in dangerous adult police watch houses?
Human Rights Act: 12 months on
On 1 January, this year, Queensland introduced ground breaking new laws to enshrine protections guaranteeing the human rights of every person.
As the clock prepares to ring in the first anniversary of Queensland’s Human Rights Act, QLS and Caxton Legal have collaborated to produce the series of articles and perspectives documenting the long-road to the legislation, its application so far, as well as the impact the laws may have on Queenslanders in the short and long term.
The rights of older persons: A global update
More than seventy years have passed and the General Assembly is still debating whether older persons need their own human rights treaty.
Joshua Creamer: Reflections on Wotton
I am very fortunate to be one of the very few First Nations people to be practising at the Bar in Australia. My identity and
Has the Human Rights Act 2019 made a difference?
Scepticism about human rights within the Australian legal tradition is long-held and takes many forms.
2020–the perfect year to introduce a Human Rights Act
Introducing a major change to public sector accountability can be a difficult task in the best of times.
QLS releases policy position on Human Rights
International Human Rights Day is an opportunity to promote awareness about human rights among the community and as the legal profession, we share these responsibilities.
Domestic and Family Violence
Queensland Law Society supports government and community efforts to fight domestic and family violence, with a focus on ensuring that lawyers are properly equipped to deal with the legal response to domestic and family violence.
Coercive control: Can the law fix this?
A complex and delicate debate has begun between advocates, legal practitioners and criminologists. Should ‘coercive control’ be criminalised to protect victims of DFV?
Domestic and Family Violence – Jason’s story
In a follow-up to Gracie’s story, this is Jason’s story and how our community legal centres help to provide fair and equal access to justice.
Domestic and family violence – Gracie’s story
Throughout Queensland, solicitors regularly spend long-hours toiling away, volunteering their time free-of-charge to assist significantly under-funded community legal centres to provide fair and equal access to justice to the community’s most vulnerable people.
Queensland Coronial Legal Service
Demand for the services Queensland Coronial Legal Service provides is set to increase as Queensland’s population grows.
Queensland Coronial Legal Service funding to support grieving families
Queensland Coronial Legal Service has received a five-year funding boost to increase its capactiy to assist Queensland families
Queensland Coronial Legal Service
Demand for the services Queensland Coronial Legal Service provides is set to increase as Queensland’s population grows.
Making coronial inquests more bearable for families
Samantha Wood’s father-in-law Stephen Viner was killed in 2017 after receiving an electrical shock while performing maintenance work in the basement of a commercial property.
QLD STATE ELECTION 2020
Call to Parties
QLS has called on the state’s political parties to consider and respond to priority issues in its 2020 Call to Parties Statement. Read more about important legal issues for the election here!
Call to Parties Statement: Time for a judicial commission
QLS Call to Parties Statement proposes reforms in key areas of concern.
QLS member feedback informs the 2020 state election Call to Parties
QLS members have provided feedback on the Call to Parties Statement for the 2020 state election.
Children and young people deserve better in the justice system
The QLS Call to Parties statement for this year’s state election seeks a better justice system for children and young people.
Call to Parties: Supporting older and vulnerable Queenslanders
QLS members are invited to review the Call to Parties statement for the 2020 state election.
Call to Parties: Change needed to advance Indigenous rights
The Call to Parties statement proposes reforms in key areas of concern.
FUTURE LEADERS COMMITTEE
Shape the future
Help us shape the future of the Queensland legal profession. The Future Leaders Committee (FLC) is a platform for next generation lawyers to launch their dreams, ideas and thinking for our profession. Read more about the opportunity to lead the profession into the future.
Future leaders needed!
There has probably never been a time the legal profession needed its future leaders more than now. But, why?
QLS Future Leaders Committee: Not your typical ‘young lawyer’ committee
While the establishment of a committee comprising of members who are either 35 years of age or younger or have 0-5 years post admission experience (PAE) is not unique, the Future Leaders Committee is.
What does the Future Leaders Committee mean to the QLS Council?
You may have heard that QLS is launching a new initiative this September—the Future Leaders Committee (FLC)—to specifically give voice to the next generation of lawyers.
QLS launches inaugural committee to shape the future of our legal profession
QLS has today launched a new initiative – ‘The Future Leaders Committee’ (FLC)
COVID-19
The road out
COVID-19 has caused many changes and disruption to our lives. As we still grapple with the new normal, read here about the legacy COVID-19 has left on the way we live and work and what this means for the legal profession.
COVID-19 makes documents electronic
Of all the emergency measures implemented to meet COVID-19, one of the most anticipated by the Queensland legal profession was the regulation to alter the law relating to the execution of documents.
The digital mediator
For mediators, it has created an immediate need to become familiar with the available videoconferencing platforms and to quickly become adept at using them.
Choosing our pandemic legacy
The COVID-19 challenge has caused disruption to the way we live and work like nothing in living memory.
Back to the 9 to 5
Life has been anything but ‘9 to 5’ during coronavirus.
Work-from-home protocols
What measures should law firms and practitioners take when transitioning to work from home?
ACCESS TO JUSTICE
Have your say today
The QLS Access to Justice survey is now open. But what is Access to Justice and why is it important? Read here about why practitioners are passionate about Access to Justice and the value of having your say to help improve this area of law.
Accessing justice for this generation and the next
QLS Agness McWhinney 2020 and Access to Justice 2020 award winner Jo-Anne Bragg shares her view of what access to justice means to her.
Access to justice: providing Emile McPhee’s most memorable career experiences
Access to justice and pro bono has always been critically important to Emile McPhee. Find out what access to justice means to him.
What does access to justice mean to Julian Porter?
And why all practitioners should have their say in the QLS 2020 Access to Justice Survey.
What does access to justice mean to Elizabeth Shearer?
And why all practitioners should have their say in the QLS 2020 Access to Justice Survey.
diversity and inclusion
We’ve come so far – but it’s clear that more needs to be done to build a genuinely diverse and inclusive profession
The diversity of ability
An honest and raw perspective from a practitioner who refuses to let anything bring him down.
The language of ability
I am not totally blind, I am legally blind. There is a difference.
The definitive classification is having a visual acuity of 6/60.
Unconscious bias
Much time, energy and attention have been directed at diversity and inclusion initiatives in the legal profession in recent years.
Achieving ability equality in the legal profession
Dr Harpur maintains that people with disabilities still confront a raft of barriers when trying to establish a career in law.
Still looking for true acknowledgement
The law and the frameworks of policing, justice and public service fail to understand and appropriately accommodate authentic First Nations realities. These frameworks create untold damage every day which remains unaddressed.
May 2020
Creating your new normal
Just like that our world changed. And while we weren’t ready for it, we do need to be ready for the new normal by refining and adapting our practice and procedures. Here are some perspectives, guidance and information to assist you.
Practice management for video conferencing
We are now relying on phone and videoconferencing facilities. It might seem easy enough to simply subscribe to an online videoconferencing provider – but have you considered the need for staff training to highlight security features and concerns of your chosen videoconferencing platform?
Employment during the COVID-19 crisis
The immediate crisis and panic of those last weeks in March may have passed, but the ‘new normal’ is likely to be here for some months to come.
Work remotely, stay productive
Working remotely for an extended period can present new challenges, especially for parents when schools are closed. So, how can you stay productive while working from home?
Keeping yourself in good company
Showing kindness to ourselves, practising radical acceptance of who we are and taking care of our emotional, mental and spiritual needs are not things that are taught to us much, if at all.
April 2020
On parole
Granting of parole – or early release – is a controversial topic that always generates heated debate. Is early release of prisoners back into the community just a revolving door of justice or is the purpose of parole misunderstood?
First Nations solutions address a shameful crisis
It is one of the most heartbreaking and shocking statistics for any Australian state or territory, but the over-representation of First Nations people in our jails is both a tragedy and ongoing human rights crisis.
Responsible release or revolving door justice?
“The concept of parole is often controversial and its purpose misunderstood,” Mr Byrne said in the board’s most recent annual report.
No body, no parole
For obvious reasons, the implementation of these newly minted laws fell into the remit of the reconstituted
Doing time beyond the crime
Queensland taxpayers are slugged an average $293 a day to house, feed, clothe and care for each and every person held in detention.
September/October 2019
Innovation
Queensland’s legal profession has been disrupted by a number of factors including technology, innovative ways of providing legal services, oversupply of graduates and undersupply of experienced lawyers, and the rise of legal operations providers. How can the profession embrace innovation in law and respond to a world accustomed to digital engagement and on-demand solutions?
Meeting regulatory demands
Challenges for the legal function “The inability or reluctance of a lawyer to use common technologies should not occasion additional costs for other parties” –
Practical steps to the tech starting line
Many top-tier firms have team members dedicated to innovation. But what about the practices that fall outside those boxes – the sole practitioners, or the
People-centred legal innovation
With so much buzz about legaltech it’s important to remember that innovation is people-driven.
Innovation, technology and legal professionals of tomorrow
All lawyers should be compelled to undergo regular technology competency training to ensure they fulfil client obligations in a world of innovation and increased technological
The legal supply chain and the future of lawyers
There are six broad entities involved in the delivery of commercial legal services in the modern era. Collectively, we can think of these six entities, the value they each add and their interrelationships as the ‘legal supply chain’.
