Blumer, Noor --- "President's page: New year challenges and priorities" [2019] PrecedentAULA 2; (2019) 150 Precedent 3

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NEW YEAR CHALLENGES AND PRIORITIES

By Noor Blumer

The laws of evidence as they apply in the superior jurisdictions of Australia are ingrained in our legal education and, too often, when appearing in a tribunal or commission, practitioners embarrass themselves by trotting out rules of evidence and procedure that do not apply.

Funny when it’s your opposition doing so; not so funny when one finds oneself called out for displaying the same ignorance.

Whatever the differences in the rules and standards, tribunals and commissions are entitled to the same level of respect from the profession as the courts. There is nothing more disrespectful than practitioners who fail to familiarise themselves with the proper procedures.

On another note, the ALA’s state conferences in Queensland on 14 February, New South Wales on 15 March, Victoria on 4 May and South Australia on 24 May, will provide opportunities to network with our peers and showcase the ALA’s considerable contribution to the Australian legal and human rights landscape.

QUEENSLAND HUMAN RIGHTS BILL

Late last year we marked the 70^th birthday of the United Nations Universal Declaration of Human Rights and welcomed the news that the Queensland government had honoured its long-standing commitment to introduce a legislative Bill of Rights into Parliament. I would particularly like to acknowledge the commitment and hard work of our Queensland members who have been actively involved in the campaign for a Queensland Human Rights Act for the last three years.

The Queensland human rights legislation will make a substantial difference to the lives of some of the most vulnerable people in our society, including Aboriginal and Torres Strait Islander peoples, people with disabilities, those facing homelessness, the elderly and those needing social housing.

The Queensland legislation represents a significant improvement on similar Acts in Victoria and the ACT, as it includes an avenue for people to complain to the Human Rights Commission if they feel that their rights have not been respected. However, in its submission to the Legal Affairs and Community Safety Committee, the ALA made several recommendations to make the Bill even more effective in protecting human rights.

Of course a national Bill of Rights would empower all Australians and help us to protect the freedoms and liberties that we expect in our country. I would encourage all ALA members to sign up to the campaign for a National Charter of Rights: https://charterofrights.org.au/.

AGED CARE ROYAL COMMISSION

The horrific scenes of abuse, neglect and negligence in aged-care institutions exposed by Four Corners last year prompted the federal government to announce a Royal Commission into Aged Care Quality and Safety. Its preliminary hearing was held in Adelaide on 18 January; submissions from interested members of the public and institutions will be accepted by the Commission until at least the middle of 2019.

The ALA’s submission will focus on the inadequacy of the current complaints mechanism and examine how complaints can more effectively lead to policy change. Despite alarming reports of negligent behaviour, it is very uncommon for legal action to be taken against aged care facilities. Many barriers make it difficult for residents to seek justice and these need to be addressed. Creating better mechanisms for aged care residents to make complaints and seek remedies for negligence are likely to deter negligent behaviour.

ALA members can obtain news updates about the Royal Commission by subscribing to the Commission via its website: https://agedcare.royalcommission.gov.au.

SEX DISCRIMINATION ACT

In December the ALA called on the federal government to remove exemptions in the Sex Discrimination Act that allow for discrimination by faith-based schools on the basis of sexuality or gender identity. The ALA stated that this was necessary so that every child can safely attend any school without experiencing discrimination based on their sexuality or gender orientation. Allowing educational institutions to discriminate in this way, directly or indirectly, is a serious erosion of the right to education.

IN CONCLUSION

ALA is gearing up for the looming federal election and welcomes contributions and ideas from all of our members. Our special interest groups are flourishing, thanks to the enthusiasm and dedication of our members. Thanks as always to our hardworking secretariat and active members who keep ALA one of the most productive and influential legal organisations in Australia.

Noor Blumer is xxxxxxxxxxxxxxxxxxxxxxxxxx