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Neil, Laura --- "President's page: Abuse: Never OK" [2017] PrecedentAULA 66; (2017) 143 Precedent 3

ABUSE: NEVER OK

By Laura Neil

This edition of Precedent, which focuses on institutional abuse, is a reminder that abuse takes many forms and occurs indiscriminately across varied institutions – from schools to religious institutions to detention centres.

The Royal Commission into Institutional Responses to Child Sexual Abuse has certainly brought the issue of child sexual abuse to the fore. Its Criminal Justice Report referred extensively to the ALA’s submissions, and a number of our recommendations were acknowledged and adopted. I hope that this will pave the way for reforms that will not only prevent the recurrence of these vile acts, but also see more justice meted out to abusers, noting however that despite an increased number of matters before the courts, conviction rates in NSW for child sexual assault sit at 60 per cent, compared with an overall conviction rate of 89 per cent for all offences.^[1]

Regrettably, abuse and neglect of asylum seekers in offshore detention centres continues. At the time of writing, PNG’s determination to close the Manus Island facility has triggered a humanitarian crisis, with over 400 detainees still refusing to leave for fear of their lives, despite the even more inhumane conditions now that services have either been shut down or withdrawn.

Even our tertiary institutions are not immune, as described in the Australian Human Rights Commission’s report, Changing the Course, which contains staggering statistics about the level of sexual assault and sexual harassment at our universities.

Abuse, of course, is not limited to institutions. The denial in Australia of the basic human right to equal treatment for same-sex couples may finally be coming to an end with the outcome of the same-sex marriage postal vote being a resounding ‘yes’. But legislation is now required to seal the deal, and legislation may yet be introduced that effectively seeks to continue discrimination against LGTBIQ people.

I recently attended the American Association of Justice (AAJ) Annual Convention on behalf of the ALA. The AAJ has some 20,000 members across the United States. The number of people attending the conference was more than our national membership! I took away many valuable insights into not only the legal system in America, but also hot topics which will before long find their way into our legal arena. Driverless cars are becoming a big issue, and one which no doubt we will need to contend with in the near future.^[2] A common sentiment shared between AAJ members and ALA members is the disdain for President Trump. His continued inaction in the face of increasing injustice leave me with a feeling of sadness. But such inaction serves to rouse our fight for justice even more, and inflames our passion to speak out against further restrictions of our hard-fought freedoms. I am somewhat heartened in this regard by our Attorney-General, George Brandis, who recently recognised the importance of the rule of law and the role of lawyers in defending ‘the vulnerable, the marginalised or the despised’.

Around the country, we have been busy with our various state conferences. I have had the pleasure of attending our conferences in the ACT, South Australia, Western Australia and of course most recently, our National Conference in Darwin. It is pleasing to see record numbers of not only attendees, but sponsors also – although not entirely surprising, given the quality of our events!

As this edition goes to print, I will be almost halfway through my term as your President. I am trying to speak to as many members as possible in my travels around the country about issues that are important to them. I encourage you to pick up the phone or drop me a line if there’s something of concern to you. And in the meantime, continue to fight the good fight. I wish you and your loved ones a safe, joyful and restful holiday season.

Laura Neil is a Barrister at Endeavour Chambers, Cairns. PHONE (07) 4041 7725 EMAIL lneil@endeavourchambers.com.au.

^[1] Commonwealth, Royal Commission into Institutional Responses to Child Sexual Abuse, Criminal Justice Report (2017) 168, Table 2.4.

^[2] See: Owen Hayford, ‘Self-driving cars: Who’s liable when the car is driving itself? ’ (2017) 139 Precedent, pp29-34; and, Katie Minogue, ‘Into the future: Driverless cars and the future of transport accident law’ (Paper presented at the ALA National Conference 2017, Darwin, 20 October 2017).