Droppert, Graham --- "President's page: Healing our society in 2022" [2022] PrecedentAULA 2; (2022) 168 Precedent 3

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HEALING OUR SOCIETY IN 2022

By Graham Droppert SC

We have all now resumed our working lives for the year. Last year was a difficult one for many members of the Australian Lawyers Alliance (ALA) and their clients. The ALA’s campaign work produced some positive results but also emphasised the need to keep pressing on issues of importance. I hope that we can continue to strive hard for justice for all.

Seeking justice for all starts with recognising that the greatest injustices in the Australian legal system fall most heavily on Indigenous Australians. As a small first step in committing to do better in 2022, I acknowledge that the land I live on is and always has been the land of First Nations peoples. I pay my respects to the Elders – past, present and emerging – throughout Australia.

Justice is also lacking when the unlimited resources of governments are used to persecute those who stand against injustice or are involved in exposing it. This can include journalists and whistle-blowers. But sometimes it also catches lawyers doing what we are engaged to do: fearlessly represent and advocate for our clients.

No single case highlights that aspect better than that of Bernard Collaery – a recipient of the prestigious ALA Civil Justice Award in 2018. Yet another year has passed with successive Federal Attorneys-General persisting with the prosecution of Mr Collaery. It all started with the bugging of the Timor-Leste delegation in the case to determine the rights to oil in the Timor Sea, moved on to a raid on the law offices of Mr Collaery and followed with the secret trial of this highly respected lawyer.

As lawyers committed to justice, this, if nothing else, should make us think twice about how democracy should work in Australia. Once again, the ALA calls on Federal Attorney-General Senator Cash to end the persecution of Bernard Collaery.

Meanwhile, the work of the ALA and its members for the thousands of individuals we represent continues. The demands on us all to be the best lawyers we can be – ethical, informed and committed – are as high as ever.

One area of work in which ALA members lead the way is medical law. This edition of Precedent is dedicated to the ongoing education of our members and the elucidation of complex questions in this area.

There are outstanding contributions in this edition. They offer detailed discussions of topics that face us all in medical law practice, raising questions and suggesting solutions. Lawyers are not the opponents of doctors and nurses; we value the great skill they bring to their professions. On those rare occasions when standards are not met, it is appropriate that medical staff and hospital services are asked to account for their actions and omissions. This does not deny the exceptional work they do, but it does ensure justice is served.

In the past year, in the area of health the ALA has opposed the unreasonable limit on our rights by government in managing the pandemic, promoted the need to regulate advertising of cosmetic surgery to keep consumers safe, and advocated for making workplace safety a priority in the vaccine mandate. We are currently highlighting the need to address delays in the provision of Medicare notices of charge.

In this first edition for 2022, I thank all the staff at the ALA for their amazing work last year under the able leadership of Richard Trim, General Manager, and wish them well for this year. We note the departure of Dr Louis Schetzer, Policy and Advocacy Manager, and Indrani Kothiyal, Policy and Marketing Assistant. Both Lou and Indrani have been with the ALA for many years and have done excellent work in ensuring the organisation serves its members and promotes human rights protection. I wish them the very best for the future.

I extend my thanks and best wishes to President-Elect Peter Gibson, who has stood down due to health matters, Immediate Past President Andrew Christopoulos, and National Council Members Genevieve Henderson, Michelle James, Cathy Spurr, Ian Murray, Tony Kerin, Rowena Macdonald, Shaun Marcus and Jamie Ronald.

Graham Droppert SC is a barrister practising from Albert Wolff Chambers, Perth, specialising in personal injury. PHONE [phone] EMAIL [e-mail].