PIAC E-Bulletin No: 119

03 October 2003

Welcome to the Public Interest Advocacy Centre's e-bulletin. Subscribe to the PIAC E-bulletin.

PIAC represents Amnesty International in High Court Intervention

The High Court granted Amnesty International leave to file written submissions as an amicus curiae in the matter of the Minister for Immigration, Multicultural and Indigenous Affairs v B & Anor. The case relates to the rights of children in detention. In particular, the High Court addressed four questions: whether the Family Court, in exercise of its welfare jurisdiction and injunctive powers, had power to make orders to release children from immigration detention; whether the Family Court had jurisdiction to make any other type of order for protection of children; whether detention of unlawful non-citizen children is beyond authority conferred by Migration Act 1958 (Cth) when detention is protracted or indefinite; whether detention of children is "indefinite" where they lack capacity to request removal from Australia. Felicity Hampel SC and Kate Eastman acted as counsel.

Genetic Discrimination: Presentation to NSW Equal Employment Opportunity Practitioner's Assocation

PIAC solicitor, Anne Mainsbridge, recently gave a presentation to the NSW Equal Employment Opportunity Practitioner's Association on the controversial topic of genetic discrimination in employment. Genetic discrimination involves differential treatment of individuals or groups on the basis of actual or presumed differences in their genetic makeup. For example, an employer might refuse to recruit someone because pre-employment genetic testing has revealed that they have a genetic predisposition to developing bowel cancer. The potential employee might never actually go on to develop bowel cancer, or they do, they may develop it at a time when it is completely curable. In the meantime, however, they have effectively been "screened out" of an employment opportunity on the basis of their genetic profile. A recent inquiry carried out by the Australian Law Reform Commission and the Australian Health Ethics Committee found that there is already some evidence of employment-related genetic discrimination taking place in Australia. The Inquiry also predicted that as genetic tests become cheaper and more efficient, the pressure on employers to use them to make employment-related decisions is likely to increase. There is currently very little regulation of the collection or use of genetic information by employers in Australia. It is unclear whether "genetic status" is covered by federal or state discrimination laws, and there is limited protection of genetic information under privacy laws. The Joint Inquiry has made a number of recommendations aimed at extending the coverage of these laws. However, it is unclear when (and if) these recommendations will be implemented. In the meantime, the potential for potential for genetic discrimination to take place in employment remains very real. For more information, please contact Anne Mainsbridge at amainsbridge@piac.asn.au.

Whither the WTO after Cancun? Sydney report back seminar

Why did the WTO Ministerial Conference in Mexico collapse? What does this mean for the future of the WTO, and for the future of international trade? Find out at this public seminar with speakers who attended the meetings in Cancun.

When: Tuesday 14 October, 5.30 pm

Where: Room 814 Parliament House, Macquarie St, Sydney

Chair: Andrea Durbach, Director, Public Interest Advocacy Centre

Speakers: Jeff Atkinson, Advocacy Coordinator, Oxfam Community Aid Abroad and Dr Patricia Ranald, Principal Policy Officer, Public Interest Advocacy Centre, and Convenor, Australian Fair Trade and Investment Network

PIAC training comes to Newcastle

At PIAC we are committed to taking our training program to regional areas. In October we will be presenting two training workshops in Newcastle at the Charlestown Multi Purpose Centre. The program is as follows: Day One - 28 October - Work the System : an introduction to advocacy Day Two - 29 October - Effective Advocacy Skills & Strategies People can attend both workshop days, or one day only. Further details and registration forms are available from Carolyn Grenville or Sarah Mitchell on 02 9299 7833 or by emailing smitchell@piac.asn.au

Pro Bono initiatives - a global perspective seminar (Sydney)

The Public Interest Law Clearing House (PILCH) presents a seminar on Pro Bono initiatives - a global perspective, with speakers Martin Bohmer (Argentina) and Vincent Saldanha (South Africa).

As the resolution of legal disputes becomes more complex, effective access to justice continues to elude those most socially and economically disadvantaged. In this context, the provision of pro bono legal services requires ongoing focus and innovative strategies. Public interest lawyers from Argentina and South Africa, in Australia to participate in the 2nd National Pro Bono Conference, will present perspectives on developing pro bono initiatives in response to challenges presented by societies and legal professions undergoing transition. speakers: Martin Bohmer, Dean of the Law School at the University of Palermo in Buenos Aires and Vincent Saldanha, a prominent human rights lawyer and the National Director of the Legal Resources Centre in South Africa

when: Wednesday 22 October 2003 from 5.30 pm to 7.30 pm

cost: $16.50 (incl GST) or $11 (incl GST) concession for non profit/community sector

where: Ebsworth & Ebsworth, Level 18, 135 King Street, Sydney

rsvp: by Wednesday 15 October 2003 to Marion Grammer on 02 9299 7833 or by fax on 02 9299 7855 or email at mgrammer@piac.asn.au

With thanks to Ebsworth & Ebsworth, the National Pro Bono Resource Centre, The Ford Foundation and the Law Council of Australia. For more information about the National Pro Bono Resource Centre or the 2nd National Pro Bono Conference visit www.nationalprobono.org.au