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Hypothetical:"Refugees Yes or No //
MODERATOR JULIAN BURNSIDE QC AND ONE NATION REPRESENTATIVE ROBYN SPENCER LISTEN TO CHAIR OF THE AUSTRALIAN REPUBLICAN MOVEMENT GREG BARNES
Yvette Nash, Office of Susan Davies MP, Co-Chair Law Reform Committee and Iresha Herath, Allens Arthur Robinson, Co-Chair Social Committee
Never before has a meeting organised by lawyers drawn such a crowd - on Wednesday 8 May 2002, approximately 1,500 people packed the Melbourne Town Hall to see the Young Lawyers’ inaugural Hypothetical “Refugees Yes or No”. The event raised almost $10,000 for the Asylum Seekers Resource Centre.
Then again, most meetings organised by lawyers are not chaired by the eminent silk Julian Burnside QC, or have Jill Singer, Claudia Karvan, Caroline Tran, Richard Fidler, Andrew Bolt, My Anh Tran, Robyn Spencer and Greg Barns sitting at a table involved in a highly topical discussion.
And so the Hypothetical began...
The Interdepartmental Taskforce for Migration, Border Control, Spin Doctoring, the Defence of Human Rights and the Reelection of the Government is convened to respond to reports by the Indonesian authorities that there are boat loads of refugees en route to Australia from Malaysia via Indonesia.
What do we tell the navy to do?A report comes in that there is one male adult on a ship otherwise filled with women and children. It is sinking....
Does what we tell the navy change?The refugees are rescued and taken to Port Hedland. The conditions are appalling.
Should we keep the refugees there or release them?Having heard horror stories on the grapevine, the press has requested access.
Should the government let the press have access to the detention centre?In the meantime reports have been made that “kids had been thrown overboard” en route to Australia and photos exist to “prove” the reports.
The PM and the Minister for Immigration want advice on how to play it?Back at Port Hedland, press attempts to get into the detention centre fail, despite written requests from the detainees. One enterprising journalist gets in, posing as a priest, and obtains bombshell footage.
What are the ethics of publicly releasing the results? Can we seek an injunction? And should we?The report is published, it shows children losing weight, women queuing for tampons, and some detainees becoming suicidal. And, the clincher, they say no kids were thrown overboard.
It appears the PM and Minister for Immigration lied. How do we handle it?
The fallout is terrible. People are saying the government misled them in the lead- up to a crucial election. The Department of Premier and Cabinet has suggested some diversionary tactics perhaps.
Next on the agenda, Department of Immigration officials, in keeping with the government’s hard line stance on illegal immigrants, have swooped on all visa overstayers. They have arrested over 25,000 people overnight.
Where do we put them?They are mostly UK, Canadian and US tourists, including the children of a leading US industrialist, the daughter of a leading American journalist, the daughter of a British earl and the son of a Canadian judge.
They have been sent to Curtin Detention Centre, where detainees from Afghanistan and Iran are looking after them.
Among the newly arrived detainees, the leading American journalist’s daughter who is 21 years old, not surprisingly, goes ape.
How do we handle the situation?To cope with the sheer number of detainees, some enthusiastic officers from the Department of Immigration suggest Nauru is willing to take 10,000 of them.
Should we put the rest in State prisons? Do we have to treat them all the same?In Nauru, a group of lawyers acting pro bono has challenged the constitutional validity of detention in Nauru. The Constitution of Nauru seems to have problems with arbitrary detention without criminal charge or order of a court.
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CLAUDIA KARVAN FROM ‘THE SECRET LIFE OF US’ WITH RADHIKA KANHAI (HOLDING REDLICH) AND GEORGIE COSTELLO (MALLESONS) FROM THE YOUNG LAWYERS’ SECTION
Premier and Cabinet says we can offer Nauru more money to ignore this constitutional hiccup. Nauru has indicated they are in need of aid...
How much should we give them? And
how do we sell it?The boat-load of women and children from Malaysia have been in Curtin for 6 months now and all have claimed asylum. Their condition is deteriorating but processing takes time because they have no papers.
Is this a good reason to keep them there?The bloke on that boat is claiming to be Anwar Ibrahim. He also has no papers. Malaysia is keeping quiet but we have received reports he has escaped. The bloke looks like Anwar Ibrahim but is in bad shape.
Do we still hold him?A camp has been newly opened at Port Augusta which has electric fences, or in political parlance, “energised fences”.
There have been two attempted suicides at the new camp - an 11 year old girl from Iran who tried to hang herself and an 18
year old girl who threw herself on the “energised fences”. The 18 year-old turned out to be the US grand daughter of a holocaust survivor.
How do we massage the story?The last item on the agenda -• We have incarcerated thousands of
refugees;• Tens of thousands of Visa over-stayers;• Suicidal children;• And the world press is condemning us
and the Australian public isn’t too concerned.
Do we keep it up or make some changes?And if you want to know what our wonderful taskforce had to say in response to this hypothetical scenario - you should have been there!
We look forward to seeing you at next year’s Hypothetical (where the sound will be better, we promise!). ■
Social committee reportPhilippa Moor field, Baker & McKenzie and Iresha Herath, Allens Arthur Robinson, Co-Chairs Social Committee
As the appropriately titled Young Lawyers' Ball, “Lock, Stock, & Two Smoking Gavels”, to be held at the Old Melbourne Gaol on Saturday 21 September approaches, we are pleased to rep ort that the first part of the year has been marked by some fantastic events, and enthusiastic planning by Social Committee members forevents in the future.
Legal Comedy DebateIn April, the Social Committee held the highly successful Legal Comedy Debate at Le Meridian Hotel, in aid of the Bone Marrow Donor Institute. The topic of the debate was “You can trust a Lawyer but never a Politician”, and the debate was chaired by the CEO of the Law Institute of Victoria, John Cain. The senior team comprised her Honour Judge Betty King of the County Court, Jim Kennan SC, and Ross McClymont, Partner, Deacons. The junior team was represented by Lucy Turner, Solicitor, Corrs Chambers Westgarth, Shivani Pillai, Barrister, and Rupert Burns, Solicitor, Victorian Government Solicitor’s Office. Each team member had 5 minutes to speak, although many speakers were so entertaining, we did not have the courage to stop them when they went overtime! The Debate was finally awarded on applause to the senior team. Drinks were then served, and many people stayed on for some time after the Debate finished to talk to colleagues and discuss the performance of the participants.
End of Financial Year DrinksThe Young Lawyers’ End of Financial Year Drinks Evening at the Spy Bar in Clarendon Street South Melbourne was also a great success. We were greatly assisted in
been low, and at this stage no future sessions are planned. The Social Committee is however planning other sporting related events/ groups. A tennis competition has been mooted as one possible event.
THE JUNIOR DEBATERS - LUCY TURNER (CORRS CHAMBERS WESTGARTH), SHIVANI PILLAI (VICTORIAN BAR) AND RUPERT BURNS (VGSO)
organising the 5 July event by Prakash Patel, one of the owners of Spy Bar. The Spy Bar originally became involved with the Young Lawyers’ S.ection through its close relationship witlh the law - four of the Spy Bar’s owners being lawyers under the age of 35.
Running & Power Walking Group
Other EventsAfter the highly successful Winery Tour in the Macedon Ranges and Spa Country held by the Social Committee in March this year, there is talk of another winery tour in 2002, this time to the Yarra Valley. Details of
this and other events currently in planning stages will follow in the Law Institute of Victoria’s Friday Facts.
On behalf of the Social Committee we thank everyone for their support of the Committee’s 2002 events to date, and we look forward to seeing you at our events in the coming months.
Despite a large numiber of Young Lawyers’ Section members expressing interest in taking part in the Group, attendance at the 2002 Young Lawy/ers’ (Running and Power Walking Group se'ssiioms has unfortunately
If you would like to be involved in the Social Committee or hear more about anything discussed in this report, please contact usat [email protected] or [email protected]. ■
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