Riordan, Catherine --- "Book Review - Stay Out of Trouble" [1996] AboriginalLawB 22; (1996) 3(80) Aboriginal Law Bulletin 19

• Book Review-Stay Out Of Trouble

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Book Review -

Stay Out of Trouble

by Owen Trembath

Allen & Unwin, Sydney, 1996

Reviewed by Catherine Riordan[1]

If ignorance of the law were an excuse for breaking it, the gaols would be largely empty and lawyers would go hungry. Since ignorance is still no excuse, however, Owen Trembath's new book aims to inform a general audience about some basics of the legal system, and does so in an entertaining and useful way.

One of the major problems facing the legal system and those who work in it is the lack of knowledge of the law and of legal process among the general public. Many people have little or no contact with the legal system in their daily lives and so are completely at a loss when they need to use it.

This book comes out of Trembath's long-running and successful legal talkback radio show on ABC radio's Triple J, which chooses a topic each week and invites listeners to ring in with questions or comments on the issue. He notes that topics such as drug law reform and the Republic have caused 'telephone meltdown' in the studio. Trembath's audience is diverse and he states that he gets feedback from police officers, politicians, teachers and lawyers as well as from members of the general public.

The book opens with a description of the Australian legal system and how English law came to be established in this country. It outlines the establishment of the court system, the reception of English laws, and the legal changes which took the Australian States from colonies to self-governing ex-colonies and then to Federation. Trembath also gives a brief outline of the issues involved in the Republic debate and proposes, interestingly, that the vertical fiscal imbalance between the States and the Commonwealth, and the duplication of services in the Federal system, have a greater impact on the law-making process than the Republic ever will.

The book contains a section on Indigenous people and the law, which gives an explanation of the origins of the terra nullius doctrine, as well as the circumstances leading up to the Mabo (No. 2)(Mabo v Queensland [No. 2] [1992] HCA 23; (1992) 175 CLR 1) case. Trembath notes the limitations on the principle of native title as enunciated by the High Court in that case, and the relatively small areas of land to which it can apply. He also points out that native title rights can apply to resources associated with land such as minerals, and that fishing rights in waterways are also included.

The next sections, 'Players in the legal game' and 'Tangling with the Law' are, in my view, the most helpful parts of the book. They identify the different people involved in the legal system and their roles, and set out a basic guide as to what to do if you are arrested or have to go to court. Trembath notes that co-operation with the police is in most people's interests (at least initially), and sets out the basics of what will happen to you if you are arrested, such as being searched and finger-printed, being released on bail, and what will happen in court. He advises people going to court to look neat and casual, and to have their hair cut and cover their tattoos, but not to try too hard.

Trembath also gives some guidelines as to what will happen to people if they plead guilty or innocent to a charge, and what will happen if they go to gaol. He says that gaol is a scary and unpleasant place, and sets out the five basic rules for surviving gaol:

1. You saw nothing.
2. You hear nothing.
3. You never, under any circumstances, dog on another inmate.
4. You are just there to do your time.
5. No one wants to be there any longer than they have to.

He also discusses some of the problems that people face after leaving gaol and re-entering society, and comments on the preventive detention laws passed in some States to keep certain individuals incarcerated when their sentences have expired.

These sections also contain information about civil cases and the basics of who brings an action against whom, how to respond if you are a defendant, and what will happen if you go to an arbitration or a hearing. These two sections together give a basic guide to the court system which could be used by most people who are going to court, to give them an understanding of the setup and the procedures which they will experience. Many people (especially those involved in civil cases) can wait several years for their day in court, and when they get there, they often do not know what to expect. Some preparation such as reading the material in these sections could help to prevent this from happening.

The latter part of the book contains basic advice on the laws concerning sex (what it is and who you're allowed to have it with), drugs (should they be legal?) and rock and roll (Trembath's own area of expertise), as well as flatmates, neighbours, and health. Another useful section deals with making a will, setting out the legal consequences of not making one (especially if you are in a same-sex relationship), the administration of your will after you die and who is responsible for your body, and how to change your will or challenge someone else's. Trembath also discusses powers of attorney and living wills. Later sections of the book deal with driving and what to do if you have an accident, sport, running your own business, and some legal odds and ends.

This book is an interesting and practical guide to the law as it affects most people. It is clearly and simply written and could be understood by a general audience. It is also very funny in parts, which is quite an achievement when one is writing about the law, and because of its brevity is more accessible than the Law Handbooks, the size and details of which are daunting to many non-lawyers. For completeness, a section on Family Law would have been useful as well, but perhaps this is an area which Trembath's listeners are not concerned with yet. This book would make a good textbook for Legal Studies courses and is a handy guide for anyone wanting to know more about our legal system and what to expect if they become involved in legal action.

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[1] The views expressed in this review are solely those of the writer and do not purport to reflect the views of the Office of the Legal Services Commissioner.