Australia is a country in which the ability to access justice and receive legal help is considered to be a fundamental right for all. However, when vulnerable members of our community, including victims of family violence, the elderly, people with disabilities, Indigenous Australians and people of non-English-speaking background, come into contact with the law they can face considerable challenges in obtaining legal assistance and in understanding the complexities of our court system.

For newly-arrived migrants and refugees, who have limited knowledge of our laws, who don’t have English as their first language and may have had traumatic or negative experiences with authorities in their homeland, coming into contact with our courts can be particularly stressful and overwhelming.

Last Thursday, I had the privilege of addressing the Liverpool Local Court Open Day and attending a Mock Trial with Liverpool-Fairfield Regional Law Society President Andrew Lee. The Open Day was attended by newly-arrived migrants and refugees who are studying English at Cabramatta’s Navitas College. There was so much on offer for these students; they were given a tour of the court and an overview of court processes, met with court staff, watched a Mock Trial of a newly-arrived migrant who had been charged with speeding and driving while unlicensed, and had the opportunity to talk to the local police about how to access domestic violence support services - all of which was facilitated by NAATI certified interpreters.

It was wonderful to see first-hand just how effective Open Court Days can be in breaking down barriers between the community and the justice system. I congratulate all involved in this very successful event including Sam Borka, Community Liaison officer at Justice NSW, Lyn Payne, Senior Solicitor/Refugee Service, Legal Aid NSW, Fabienne Blancquart, Liverpool Local Court Registrar, and the South West Sydney Legal Centre.

On another issue, members may be aware that a Private Members Bill, the Reproductive Health Care Reform Bill 2019 (NSW), has recently been introduced into Parliament, and is expected to be debated this week.  NSW is the only state or territory in Australia that has not decriminalised the termination of a pregnancy.

The stated purpose of the Bill is to reform the law relating to the termination of pregnancies and to regulate the conduct of registered health practitioners in relation to terminations. The Bill itself provides for health practitioners to raise conscientious objections in relation to performing a termination, and for a review of the operation of the Act, if passed, to be conducted within five years of the Act’s commencement.

There is no doubt a diverse range of strongly held views on this issue and I hope that the debate in Parliament can reflect the civil and respectful way these sensitive issues should be dealt with, and that all voices are heard in considering the merits of the Bill.

Elizabeth Espinosa, Law Society President

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