Defining
and refining the concept of practising in 'the public interest'
by Penny Martin
Public interest law is complex and elusive mainly because it enters into the interstitial issues of public life: the evolving relationships between law, politics, public policy and governance. Law cannot be divorced from politics, nor should it be, if it is to be responsive and part of an active democracy. The practice of public interest law cannot be effective in its stated goals of pursuing fairness, efficiency and justice unless practitioners are willing to face the difficult political issues.
From conservatism
to activism: the evolution of the Public Interest Law Clearing House
by Samantha Burchell and Emma Hunt
This article focuses on the Public Law Interest Clearing House (Vic) and suggests that PILCH in its ten years it has moved from 'conservatism to activism' in encouraging lawyers to take up public interest work and become more activist in their practice.
Legal Services
'for the public good'
by Jill Anderson and Gordon Renouf
There is considerable potential
for pro bono services to further contribute to increasing access to justice
for low income and disadvantaged people. This article considers current pro
bono practice, the contribution of pro bono legal services to access to justice
and the role of the National Pro Bono Resource Centre. The article concludes
that the most effective results will be achieved through public and private
agencies combining efforts and sharing resources in meeting identified needs.
Teaching about
justice as well as law
by Judith Dickson
Legal education is critical in educating lawyers to practise law in the public interest. This article challenges law schools to recognise the relationship between law and justice and integrate that theme into their teaching.
Students
as public interest advocates: novel approaches to traditional paradigms
by Jenni Clark, Louise Formosa, Paula Rogers, Ben Cochrane, Kate Fitzgerald
and Craig Pratt
Six Griffith University law students describe their placement with a public interest organisation where they were confronted with the reality that 'the legal system cannot solve all the community's problems and that other avenues may be needed for social change'.
Competitive
tendering and NSW community legal centre volunteers: an exploratory study
by Roselyn Melville
The Commonwealth government is vigorously, pursuing the privatisation and tendering of all federally funded programs, including community legal centres with very little consideration of the impact of these policies on volunteers. Very little empirical work explores the impact of major policy decisions on this group. This article discusses some of the findings of an exploratory study of volunteers (n=208), conducted in 34 NSW community legal centres during 2000. The main aim of the study was to explore the activities, motivations and attitudes of legal volunteers. The results indicate that volunteers are concerned about the ramifications of the introduction of policies, such as charging fees for services, merit testing and centralised casework. They are also fearful that competitive tendering will result in significant changes to the philosophy and structure of community legal centres. Approximately 20% indicated they would withdraw their labour if a policy of privatisation and competitive tendering were pursued in community legal centres. These findings concur with those conducted overseas. This empirical work indicates that governments should be cautious in implementing these policies, without first assessing the impact on volunteers.
'Hot
pursuit': law enforcement practice and the public interest
by Darren Palmer
High-speed police pursuits have been
recognised as a vital area of police policy and practice since at least the
1980s. However, policy development has failed to address ambiguity, an underlying
law enforcement ethos and limited accountability procedures despite police pursuits
now resulting in more 'deaths in custody' than police shootings. This article
examines the historical context of pursuit policy development, the need for
tightened risk assessment and accountability and the moral hazards of police
pursuits. While recognising that pursuits will need to occur, the conclusion
argues for more restrictive pursuit policies and decreased officer discretion
so that the public interest of the protection of life prevails over the law
enforcement interests.
Employment:
women, family and work
by Zana Bytheway and Shannon-Kate Archer
This brief explores the ways in
which women have used the indirect discrimination provisions of state equal
opportunity legislation to access flexible working arrangements.
Public interest:
partners in the same endeavour
by Fiona Mcleay
This brief argues that all pro bono legal work can be seen as in the public interest.
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