Contributing to the community - Mallesons

Contributing to the communityA Report on our Community Work in 2003Partner and staff edition

ContentsIntroduction 3Pro Bono 4Young People 5The Disadvantaged 7Not for Profit 9Charities 11Workplace Giving Program 12Charitable Giving 15Community Partners 16The Smith Family 17Australian Red Cross 18Local Partners 19Volunteering 20Education 21Community Welfare 222

IntroductionOver the past year, Mallesons Stephen Jaques has beeninvolved in many community endeavours. Our communityprogram involves the provision of pro bono legal services,assisting charities, developing community partnerships andvolunteering. These are the four components whichtogether make up the Mallesons in the CommunityProgram. This report provides a taste of the Mallesons inthe Community Program across all Mallesons’ centres andhighlights the diverse contributions of partners and staff.Mallesons’ partner, Jamie Prell, and Ted Noffs Foundation CEO, Amanda Noffs, accepts the Prime Minister’s Award forExcellence in Community Business Partnerships from David Gonski.3

Pro BonoAn integral component of the Mallesons in theCommunity Program is the provision of pro bono legalservices. We manage these services by maximisingour contribution to young people, the disadvantagedand not for profit organisations. We recognise andrecord the hours our staff spend on pro bono work asbillable time, as well as regularly provide organisationswith much needed assistance by seconding staffShehani Sams and Claire Chown at aTuesday evening advice session at ASK!A Legal Service for Youth.members. Highlights this year include litigating a testcase on child protection laws on behalf of BarnardosAustralia and forming relationships with promising notfor profit organisations to provide legal mentoring andpro bono assistance.We are also pleased to announce that Mallesons wasawarded the Prime Minister's Award in NSW forExcellence in Community Business Partnerships 2003for our partnership with The Ted Noffs Foundation.Other examples of our pro bono work follow.4

YoungPeopleCommunity housing for SchizophrenicsA team of solicitors at Mallesons Canberra providedlegal assistance to the Schizophrenia Fellowship (NSW)regarding the development of a housing project foryoung sufferers of schizophrenia. The plan is that theparent or guardian of the young Schizophrenic wouldpay for admission into the housing project and theresident would then pay ongoing rent. The Canberrateam provided advice on the application of theResidential Tenancies Act to the housing project andadvised on how the Schizophrenia Fellowship couldobtain an exemption from the Act's prohibition onpayments of bonds over a specified amount.Brisbane's Homeless Youth Legal ClinicOne of the highlights of 2003 was the establishmentof the Homeless Youth Legal Clinic (HYLC) in downtownBrisbane. The HYLC is an exciting new initiativeof Mallesons Brisbane, QPILCH, Australian Red Crossand another law firm, Hopgood Ganim. The objectiveof HYLC is to provide homeless youth and youth atrisk of becoming homeless with free access to legalservices and advice in most areas of law.The HYLC operates on Tuesday evenings. There arecurrently eight Mallesons' lawyers and 13 Mallesons'support staff volunteering during these evening advicesessions. In preparation for the opening of HYLC,Mallesons ran a series of training workshops toprepare volunteer staff.The proposal to establish the HYLC developed from anexisting relationship between Mallesons and the ARCNight Café in Brisbane. Mallesons' staff, who hadbeen volunteering in a non-legal capacity to providemeals and facilities at the ARC Night Café, recognisedthat marginalised youth at the Café were often besetwith legal problems. After much behind-the-sceneswork, the HYLC was established.ASK! - A continuing successASK! A legal service in Sydney operates in a similarfashion to Brisbane's HYLC and provides legalassistance to young people. ASK! has been operatingsince October 2001, when Mallesons Sydney joinedwith the Ted Noffs Foundation to establish the service.The objective of the service is to provide free andapproachable advice and referrals for young peopleaged 14 - 21 years. From Mallesons, there arecurrently 14 solicitors and eight support staff volunteerswho attend ASK!'s Tuesday evening advice sessions.A common issue that we are asked to advise on in theadvice sessions is credit problems among youth. Theseproblems often arise from credit card or mobile phonedebt or debt following car accidents. Where the youngperson is unable to meet his or her debt, Mallesons'solicitors can advise on alternative credit arrangements,assist in the drafting of letters to companies or debtcollectingagencies and refer the client to further legalrepresentation where necessary.One recent success story is that of a 21 year old manwho was injured by a large sheet of plate glass. Hesustained serious injuries to his leg and was unable towork for several months. His employers terminatedhis employment and denied workers compensation.The employer did not in fact have workerscompensation insurance. Mallesons' lawyerssuccessfully negotiated an unfair dismissal settlementon the youth's behalf and obtained a payment fromthe NSW Government's Uninsured Liability Scheme.During the period from January to August 2003,solicitors from Mallesons Sydney saw 82 people whorequired legal assistance on criminal matters rangingfrom apprehended violence orders to a variety of guiltypleas, and assault and minor drug offences.5

YoungPeopleSecondments at the National Children's andYouth Law CentreSecondments are an important component of theMallesons in the Community Program, providingorganisations with much needed assistance and aidingin the professional development of our staff.In December 2002, Mallesons Sydney initiated a parttimesix month secondment for Law Clerks to theNational Children's and Youth Law Centre (NCYLC).NCYLC is a national community legal centre whichprovides legal advice and advocacy to young peoplearound Australia.Secondees contribute to all areas of NCYLC's work,including providing email responses to requests forlegal information and advice through NCYLC'sLawmail service and researching and drafting issuespapers and submissions on a variety of topics relevantto youth. Secondees also assist with public interestlitigation and case work. They have also been involvedin community education workshops. For example, aworkshop on youth rights in relation to interactionswith the police was recently given by a secondee toyoung people in Western Sydney.Testing the boundaries of child protection lawsMallesons recently represented Barnardos Australia inimportant litigation to clarify the boundaries of childprotection laws. Barnardos, a local community partnerof the Sydney centre, is a leading child welfareorganisation which represents children who have beenabused, are at risk of abuse or are homeless.This case involved two children who had beenremoved from their birth parents by the Departmentof Community Services (DOCS) due to neglect andabuse and placed into foster care by Barnardos.Mallesons' solicitors assisted Barnardos to oppose anapplication to increase the contact rights of thechildren's relatives on the basis that such contactwould disturb the bonding process between thechildren and their foster parents and would not be inthe best interests of the children. We appeared at thefirst directions hearing, prepared affidavits fromBarnardos workers and an expert psychologist andbriefed counsel for the final hearing in the ChildrenCourt. This case emphasised the need for DOCS toconsult with Barnardos when making decisions aboutthe welfare of children in Barnardos' care.Pro bono secondments have also been a feature atother Mallesons' centres. In the Melbourne centre,Georgina Costello went on a full-time secondment forsix months to the Western Suburbs Legal Centre, aspart of the Victorian Attorney-General's Pro BonoSecondment Scheme.6

TheDisadvantagedThe PILCH Homeless Persons' Legal ClinicAnother established pro bono advice clinic serviced byMallesons' volunteers is the PILCH Homeless Persons'Legal Clinic (HPLC) at Melbourne Citymission inFootscray. Mallesons has contributed to the HPLCsince October 2001, when it was established byPILCH (Victoria) and the Council to Homeless Persons.HPLC serves homeless persons and persons at risk ofhomelessness, including families living in insecure orunaffordable housing, shelters, refuges and crisisaccommodation facilities.A team of ten solicitors and two support staff fromMallesons Melbourne volunteer on a rotating basis atthe HPLC one morning per week. The team adviseson a variety of legal problems during the sessions. Forexample, we recently assisted a young single mother inan urgent housing dispute. In response to an evictionnotice, Mallesons' solicitors negotiated a paymentproposal with the client's landlord and also arrangedfor some urgent housing repairs to be carried out.Sydney Regional Aboriginal CorporationLegal ServiceSydney Regional Aboriginal Corporation Legal Service(SRACLS) provides free legal advice and representationto Aboriginal and Torres Strait Islander people in thegreater Sydney area in criminal and some family lawmatters. As Peter Bugden, principal solicitor atSRACLS explains, "SRACLS operates with very limitedfunding and relies heavily on the assistance oforganisations committed to helping the localAboriginal Community." Mallesons has been workingwith SRACLS since 2000.In January - February 2003, a number of SummerClerks at Mallesons Sydney undertook the task ofresearching and drafting information sheets relevant tothe work of SRACLS. The objective of theseinformation sheets is to give SRACLS solicitors a quickand up-to-date reference guide while in court.Among other issues, SRACLS requested research intothe life expectancy of indigenous peoples and case lawsurrounding whether lower life expectancy could beused as a mitigating factor in sentencing decisions.Duty solicitors assist at the Local CourtMallesons Sydney continued its commitment to theDowning Centre Duty Solicitor Scheme throughout2002 / 2003. This scheme is operated by the City ofSydney Law Society at the Downing Centre Local Courtand provides an "on duty" solicitor to assist people whocome before the court without legal representation.From left to right, Carol Tenace, Jada Padula, Chris Preuss,Catryn Tuckwell and Sharon Long from HPLC.Mallesons' solicitors participate in this schemeaccording to a roster. There are currently 14 people inseven permanent roster positions and a further 18solicitors in the back-up pool. These solicitors areconfronted with a huge diversity of matters, criminaland minor drug offences, assault and ApprehendedViolence Orders (AVO). In 2003, Mallesons organiseda barrister to run a training session for Mallesons'volunteers on how to conduct an AVO hearing. TheWomen's Domestic Violence Court Assistance Schemehave expressed their gratitude for the expertise andpersonable manner of Mallesons' duty solicitors.7

The DisadvantagedDisadvantaged people throughout the worldProject RespectIn 2003, Mallesons Melbourne provided pro bonoassistance to Project Respect in Melbourne. ProjectRespect provides support services to women in the sexindustry. One issue that has received a lot of mediaattention of late has been the trafficking of women,particularly from Asia into Australia to work as "sexslaves" in Australian brothels.Mallesons provided legal advice to Project Respect onthe various processes and types of inquiries, includingroyal commissions, parliamentary inquiries and internalgovernment inquiries, that could be held into thisissue. This information will be used by Project Respectto lobby the government for a parliamentary inquiryinto the issue of trafficking of sex slaves into Australia.WateraidMallesons Sydney is advising on the establishment andincorporation of Wateraid - a joint initiative of thewater industry and non government organisations.The purpose of Wateraid is to assist developingcountries to provide of clean water and sanitation fortheir population.We drafted Wateraid’s constitution and advised ontaxation issues. To overcome difficulties with taxconcessions, we are also assisting Wateraid to lobbythe government to specifically name the organisationin the tax legislation.Australian Council for Overseas AidIn Canberra, Mallesons assisted the Australian Councilfor Overseas Aid (ACFOA) by providing legal advice onthe terms of employment for ACFOA employees.Mallesons Canberra also drafted a confidentialityagreement for ACFOA employees.A helping hand for asylum-seekersAssistance to asylum-seekers has been a feature of thepro bono program at most Mallesons' centres in 2002/ 2003. Most of this assistance has been first instanceand appellate work in the Federal Court and the HighCourt to challenge jurisdictional errors alleged to haveoccurred in the Refugee Review Tribunal (RRT). Someexamples of these cases follow:• Mallesons Melbourne assisted a number of EastTimorese refugees to apply for protection visas.This assistance involved preparing updatedStatutory Declarations to accompany the originalProtection Visa Applications lodged by the clientson arrival in Australia over 8 years ago. We alsoprepared and lodged applications for other visas,such as Close Ties Visas for clients. Mallesons'solicitors also attended clinics to assist clients tolodge Applications for Review of negative primarydecisions in the RRT;• Mallesons Brisbane represented an Ethiopian ofEritrean ethnic origin to challenge a decision of theRRT to refuse a protection visa. Solicitors in theFederal Court argued that the RRT committedjurisdictional errors by failing to accord proceduralfairness and addressing a wrong issue. This matterwas resolved by a negotiated settlement and thematter has been returned to the RRT. MallesonsBrisbane received an award for our support ofasylum-seekers from the Refugee ClaimantsSupport Centre;• Mallesons Perth assisted a Sri Lankan asylumseeker,who we understand was persecuted on thegrounds of his support for an opposition party.The RRT denied the asylum-seeker a visa on thebasis that a subsequent change in the Sri Lankangovernment meant that her fears of persecutionhad dissipated. Solicitors represented the client onan appeal to the Federal Court, which wasunsuccessful. Justice French thanked Mallesons foracting in a pro bono capacity and for "leaving nostone unturned in seeking to vindicate theappellant's position."In addition to this case work, Mallesons Brisbane sentsolicitor, Kirsten Hagon, on secondment to theQueensland Public Interest Law Clearing House(QPILCH). At QPILCH, Kirsten assessed and referredrefugee matters and managed the Refuge andImmigration Legal Support Project, which investigatedthe legal needs of refugees and asylum seekers in theBrisbane community.8

Not for profitSustainable Oceans PolicyIn an exciting project, Mallesons has worked with theAustralian Conservation Foundation (ACF) on a majorenvironmental law reform initiative - the NationalOceans Act, which was proposed by the governmentin June 2002 and is an opportunity to streamlinemaritime industry regulation.ACF is preparing a submission to ensure Australia'smarine environment is managed sustainably under thisAct. Currently, maritime industries are regulated on asectoral basis by many different Commonwealth andState government agencies.It is hoped that the proposed law will provide anoverarching legal framework for integrated and ecosystembased planning and management of Australia'smarine jurisdictions that will co-ordinate existingCommonwealth, State and Territory legislation andenshrine ecological sustainability, bio-diversity protectionand ecological integrity as a primary objective.Staff from the Melbourne centre, with assistance fromthe Sydney, Brisbane and Perth centres, have beeninvolved in assisting ACF in this project by undertakinga legislative review of legislative regimes for oceanprotection and outlining inconsistencies in Australia'scurrent oceans policy.Gaining rights for artistsMallesons has a long standing association with theArts Law Centre of Australia and regularly suppliessolicitors to attend Legal Advice Nights for Arts LawCentre clients.Complying with privacy regulationsMallesons has provided numerous advices to help ournot for profit clients understand and comply withprivacy laws. From December 2001, larger communityorganisations must comply with 10 National PrivacyPrinciples, which regulate the ways in which theycollect, use and disclose individuals' personalinformation. These Principles are intended to providesafeguards for certain categories of particularlysensitive information.The assistance provided has been varied. For example,Mallesons Canberra prepared and ran a workshop forAustralian Red Cross (ARC) on the practical applicationof the National Privacy Principles to the activities ofARC. In Sydney, Mallesons provided advice to TheSmith Family on developing an up-to-date mediacommunications policy, taking into account the needfor consent forms.Similarly, Mallesons Melbourne gave advice to EdmundRice Camps about their obligations of privacy inrelation to the collection and handling of personalinformation relating to camp participants andvolunteers. Mallesons Melbourne also gave advice toMarie Stopes International Australia regarding privacyissues associated with the collection and handling by itof personal information of participants in anindigenous youth photographic exhibition.Mallesons Canberra has recently advised the Arts LawCentre on a topical revenue policy issue. Specifically,the Arts Law Centre of Australia is seeking a publicruling from the Australian Taxation Office (ATO) as towhen an artist will be regarded as "carrying on abusiness.” This ruling is crucial for all art sectorprofessionals as the ATO's focus on profit has to datedenied many artists their right to claim deductionsfrom their arts businesses against other employmentincome. Mallesons has been in consultation with theATO and the ATO's draft ruling is due to be releasedfor public comment in mid 2004.9

Not for profitA strategy to support promising not for profitsIn 2003, Mallesons embarked on an exciting newinitiative with Social Ventures Australia (SVA) to linkselected not for profit organisations with legalmentoring and pro bono assistance from Mallesons.SVA was established in 2002 and supports specificsocial enterprises through the transfer of fundingand commercial mentoring from corporates to thesocial sector.In 2003, Mallesons agreed to provide pro bonoassistance to a number of selected not for profitorganisations sponsored by SVA. To this end, MallesonsSydney have assisted Pathways to Manhood, whichassists young men in times of hardship, and OzGreen,an environmental organisation. The Melbourne andBrisbane centres are also in the process of establishingrelationships with a number of SVA organisations.Mallesons Sydney and Melbourne were also sponsorsof the SVA Essentials, held in 2003. SVA Essentialsoffered seminars and workshops to representatives ofnot for profit organisations. Senior Associates fromMallesons were available on Advice Booths during SVAEssentials to provide individually tailored advice to notfor profit organisations.Internal management assistanceA significant amount of Mallesons’ pro bono workinvolves providing high quality legal advice andrepresentation regarding the legal structures andinternal management issues of our not for profitclients. This assistance is important as it draws onMallesons' expertise in corporate advice and allows thenot for profit organisation to dedicate their resourcesto their social or environmental mission. Following aresome examples of this work:• Mallesons Brisbane assisted the Abused Child Trustwith the preparation and review of a memorandumof understanding between the Abused Child Trustand a sponsor, regarding the use of a game called"pull tabs" to raise funds for the Abused Child Trust;• Mallesons Melbourne helped Residential CareRights to appeal a decision by the Australian TaxOffice to refuse them tax-exempt charity status.Mallesons Melbourne also prepared documentsfor the Deafness Foundation Victoria regardingits intellectual property issues concerning"Butterfly Week";• Mallesons Sydney helped MedTech Outreach andSydney University to establish a project to connectdoctors from Australia and developing countriesthrough an innovative shared software package.Lawyers drafted the project agreement, thesoftware licensing agreement, and the online termsand conditions. Mallesons Sydney also advised theAustralian Wildlife Conservancy on elements ofcorporate, tax and privacy law;• Mallesons Canberra advised Sexual Health andFamily Planning Australia about whether they couldgain status as a Public Benevolent Institution fortax purposes.A Bill of Rights for the ACT?Mallesons Canberra provided pro bono assistance tothe ACT Bill of Rights Consultative Committee. TheACT Government held a public inquiry in to whethera Bill of Rights should be introduced. The ConsultativeCommittee asked Mallesons to advise on the following:• whether there were any constitutional impedimentsto ACT courts or tribunals making non-bindingdeclarations that are inconsistent with humanrights statutes;• the status of the Bill of Rights in the ACT; and• the role and effect of the ACT scrutiny ofbills committee.The advice provided by Mallesons was acknowledgedin subsequent reports by Professor Hilary Charlesworth,convenor of the Consultative Committee.10

CharitiesWe support charities through the ongoing success ofour national Workplace Giving Program and throughcase by case support of projects or causes selected byour National and Local Charities Committees. One yearon from the launch of the Workplace Giving Program,the participating charities are reaping the benefits ofthis source of long-term funding. This source ofreliable funding is supplemented by ad hoc grantswhich allow Mallesons to support specific communityprojects or respond quickly in emergency situations.James Fletcher & Cara Walters volunteer for CARE World Food Day, 30 September 2003 in Melbourne’s Federation Square.11

WorkplaceGiving UpdateMallesons celebrated the first anniversary of theWorkplace Giving Program in October 2003. The levelof participation in the Workplace Giving Program acrossthe firm is highly encouraging and together we havenow contributed in excess of $500,000 to some veryworthy causes. There are 30 charities and not for profitorganisations across Australia and the Asia-Pacificregion involved in this national program, including:• Australian Red Cross;• The Smith Family;• Australian Conservation Foundation;• CARE Australia;• Garvan Institute of Medical Research;• Mission Australia;• National Children’s and Youth Law Centre;• Opportunity International Australia;• The Salvation Army; and• Starlight Children’s Foundation of Australia.We are delighted to see the benefits of the WorkplaceGiving Program flowing through to the charitiesinvolved, a few examples of which feature in thefollowing pages.Katrina Rathie, Chair of the National Charities Committee with chefsStephen Campbell and Alicia Kermond, at anniversary celebrationsFirst anniversary celebrationsTo celebrate the first anniversary, a week long programof charitable events was held in Mallesons' centres,attended by hundreds of our staff and byrepresentatives from a number of the charities.Mallesons Sydney, Melbourne and Canberra, partnersand staff celebrated the anniversary with a specialmorning tea. In Perth, a sausage sizzle was held.During the week of celebrations, presentations weregiven in Sydney and Melbourne by the StarlightChildren's Foundation of Australia, which reported onthe buoying effect of these wishes on the morale ofthe seriously ill children. In exciting news, Mallesonswill purchase a new Starlight Fun Centre for the SydneyChildren's Hospital from the proceeds of the WorkplaceGiving Program. Staff from Mallesons Melbournevisited the Starlight Room at the Royal Children'sHospital.Similarly, a group of staff from Mallesons Sydney whosupport the Sydney Children's Hospital were welcomedby Dr Richard Henry, Professor of Paediatrics at theUniversity of New South Wales and Head of theNeurology/Immunology Unit at the Sydney Children'sHospital. Staff toured the Starlight Room and the BillWallace Children's Neurology Ward (named after aformer Mallesons partner).12

WorkplaceGiving ProgramEconomic empowerment in East TimorOpportunity International is a popular destination fordonations in the Workplace Giving Program.Opportunity International runs a number of programsin the developing world, which focus on providingbusiness mentoring and financial lending to poorentrepreneurs. To assist these entrepreneurs toestablish small businesses, Opportunity Internationaloften establishes 'trust banks', which provide collectiveloans and the necessary business training to a groupof people to facilitate a business idea.Opportunity International use the funds from theWorkplace Giving Program to create Trust Banks inEast Timor. Mallesons' donations have led to theestablishment of three banks - the Futu A Trust Bank;the Mawar I Trust Bank and the Jardin A Trust Bank.The Futu A Trust Bank has ten members and supports57 people. Each member has received a loan to helpthem start up their own micro business, such askiosks, vegetable sellers and fuel vendors.Veronica de Aroujo, who is on her first loan cycle with theFutu A Trust Bank.Helping young mothers to help themselvesMallesons' staff in all centres give generously to ARC.In the Sydney centre, these funds are dedicated to theGlen Mervyn Young Women's Health Program. GlenMervyn is situated in Randwick and offers anaccommodation, support and education program foryoung women who are pregnant or have a child, andare homeless or require intensive support. Most of theyoung women at Glen Mervyn come from turbulentbackgrounds and have little stability in their lives.Mallesons donations have also been used to employan Education Support Officer at Glen Mervyn, whoassists the women with their tuition.The Sydney centre continues to build a relationshipwith Glen Mervyn through additional special events.For example, on World Red Cross Day the manager ofthe Glen Mervyn Program was invited to meet withinterested staff at Mallesons.The Indigenous Australia ProgramOxfam Community Aid Abroad receives funds frompartners and staff at Mallesons Melbourne. Oxfamfunnels these donations to the Indigenous AustraliaProgram. This Program grew out of an Oxfam reviewof development issues facing indigenous Australians,such as unemployment and incarceration. TheIndigenous Australia Program aims to strengthen thebasic rights of indigenous Australians by focusing oncapacity building, self-determination and indigenoushealth and youth.Among other things, donations from MallesonsWorkplace Giving Program have been directed toindigenous youth at risk through programs such as theCultural Reclamation Camp. In a similar vein, fundshave been directed to a series of innovative workshopsteaching circus skills to indigenous youth. Theseworkshops are organised by Oxfam, Cirque du Mondeand Maari Ma Aboriginal Health Corporation inBroken Hill and aim to foster personal developmentand increase the self-esteem of the youth involved.13

WorkplaceGiving ProgramLearning for Life with The Smith FamilyTSF dedicate most of the funds they receive throughthe Workplace Giving Program to the nationalLearning for Life program. Learning for Life providesfinancial, educational and personal support to studentsfrom financially disadvantaged families and helpsstudents to stay in school. TSF currently operates 47Learning for Life centres around Australia.As of March 2003, 90 new Learning for Lifescholarships were established under the WorkplaceGiving Program. Donations are also used to fundEducation Support Workers, who keep in regularcontact with families involved in the Learning forLife program.In addition to the Workplace Giving Program:• Teams from Mallesons Melbourne entered the"Around the Bay in a Day" event for the secondyear. This is a tough 210 km bicycle ride around PortPhillip Bay and is a major TSF fund-raising initiative.• Mallesons participated in TSF's Christmas activitiesin 2001 and 2002. Each year TSF packs anddistributes approximately 30 000 food hampersand 60 000 toys to disadvantaged families aroundAustralia. In each centre, Mallesons conducted atoy drive whereby staff were asked to purchase agift for a child and place it under one of theChristmas trees set up in our offices. Over 100staff volunteered as toy sorters, hamper packersand car loaders to deliver packages todisadvantaged families over Christmas.Additionally, hundreds of partners and staffdonated toys for the Christmas appeal.• Mallesons donated truckloads of work clothingin Sydney and Melbourne to the TSF workclothing drive.Starlight wishesThe Starlight Children's Foundation of Australia is anational participant in the Workplace Giving Program.Since 1988, Starlight have been brightening the livesof seriously ill children and their families by grantingwishes and providing entertainment both in and out ofhospitals. Mallesons have donated a number ofwishes, such as those for Daniel and Brooke.Daniel from Western Australia: Daniel is a six year oldboy with spinal leukaemia. Daniel's biggest wish cametrue when he was presented with a new four wheeloff-road tractor bike, complete with helmet andgloves. Daniel grew up riding such bikes in rural WAand appreciated this wish after spending last yearundergoing treatment.Brooke from Queensland: Brooke is seven years oldand suffers from an acquired brain injury, which causessevere headaches and double vision. She is frequentlyin hospital for treatment. Brooke wished for acomputer so she could email her friends and playcomputer games while she is unable to go to school.Brooke received a desktop computer and accessories,as well as internet access and computer games.Mission Australia gives three times the care!Mission Australia are a national organisation whichfocuses on families, young people and the homeless.Donations raised by the Sydney and Canberra centresare dedicated to Mission Australia's Triple Care Farm atRobertson. Triple Care Farm is a unique 3 - 4 monthprogram for homeless and troubled youth. Theprogram involves residential care, vocational training,family counselling and post-graduate support.Triple Care Farm is proving to be a success, as recentlywitnessed by Mallesons' staff. Six staff from MallesonsSydney were fortunate to attend a graduationceremony of 16 young people from Triple Care Farm inJuly 2003.In the Melbourne centre funds raised are dedicated toMission Australia’s REEP Program. The REEP Programaddresses youth unemployment and land conservationby providing young people with accredited trainingand employment in horticulture or land conservation.14

Charitable GivingMallesons has been involved in a number of charitable giving projects in 2002 / 2003,highlights of which include the RSPCA Million Paws Walk and emergency charitable giving.Mallesons has been pleased to assist a number ofsmall organisations with one-off donations.Beneficiaries include: the Leukaemia Foundation -‘Shave for a Cure’; the Epilepsy Foundation; theJuvenile Diabetes Foundation; the Mental HealthFoundation of Australia; and Bravehearts.RSPCA Million Paws WalkIn May 2003, staff from the Perth and Canberracentres participated in the RSPCA Million Paws Walk.Funds raised from entry fees and the sale ofmerchandise from this event assist the RSPCA tooperate its animal shelters and provide communityeducation on animal welfare issues.From Mallesons Perth, 41 human Mallesonsrepresentatives and 31 canine Mallesonsrepresentatives attended the walk around the SouthPerth foreshore. Although Mallesons did not win theprize for the largest corporate team in the walk, theteam certainly stood out in the unmistakable limegreen Mallesons t-shirts and matching lime greendoggy ribbons.Rapid responseOne of the strengths of Mallesons' charitable giving isits ability to respond in emergency situations, aswitnessed in the aftermath of the Bali bombing andthe January 2003 bush fires.Bali appealMallesons’ partners and staff from all centrescommitted $10 000 to the Bali appeal in October2002. In addition to direct donations, Mallesons'centres also contributed indirectly to the causethrough our associated not for profit organisations.For example, a table of Mallesons' staff attendedOpportunity International's annual dinner at CockleBay in Sydney in June 2003. Proceeds from theevening went towards supporting OpportunityInternational's work to rebuild the lives of Balinesewhose livelihood has been lost through the impact ofBali bombing.Bushfire appealOur staff in the Sydney, Melbourne and Canberracentres were particularly touched by the bush firesthat rampaged across eastern Australia in January2003. In response, Mallesons' partners and staffdonated $20 000 to the Canberra Bushfire Appeal.Centres have also provided secondary support tocontribute with the rebuilding following the fires. Forexample, donations to the RSPCA from the Canberracentres' Workplace Giving Program have been used torebuild the RSPCA's damaged animal shelter.Mallesons' Canberra also donated a computer, aprinter and scanner, desks and other office furniture tothe RSPCA.Cathryn Ferraris and Jenny Thrum of Mallesons Perth at theRSPCA Million Paws Walk15

CommunityPartnersOur community partnerships enable members of ourlegal and support staff to contribute to communityorganisations through the provision of pro bono legalassistance, volunteer activities, donations through theWorkplace Giving Program, information technology,training and other business support services. Thismultilevel support allows our organisations toconsistently work with each other, forging arelationship that is mutually rewarding and highlyproductive. Our national partnerships with The SmithFamily and Australian Red Cross continue to flourish.In addition we have local partnerships withorganisations such as Ted Noffs Foundation, apartnership which was recently awarded the 2003Prime Minister’s Award for the Best CommunityBusiness Partnership in NSW. Further examples of ourcommunity partner activities follow.Kristine Hopkins of Mallesons Melbourne crosses the finish line in Around the Bay in a Day 2003.16

NationalPartnersThe Smith FamilyMallesons’ national partnership with The Smith Family(TSF) continued to grow in 2002 / 2003. TSF is a notfor profit organisation that has been helpingAustralians since 1922. It provides practical andeffective programs to help disadvantaged familiesavoid a cycle of poverty and promotes social changethrough research, advocacy and innovation.As Mallesons' partnership with TSF develops, thediversity of our assistance grows. Mallesons' centreshave provided pro bono assistance to facilitate TSF'sinternal management. For example, Mallesons Sydneyadvised on copyright issues and assisted TSF in thepurchasing of software designed to meet TSF's datarecording needs. Similarly, Mallesons Canberra advisedTSF on complying with child protection legislationrelevant to volunteers working with minors.This project began with the Bella Workshop in October2002, which provided ten disadvantaged secondarystudents from the Liverpool region with theopportunity to participate in a 3 day MCA workshop.Six of the students from the October workshopreturned to the MCA Summer Art School held inJanuary 2003. In the Summer School, the Learning forLife students worked alongside Sydney Festival artistCraig Walsh, visited the studio of noted Sydney-basedartist Lindy Lee and participated in a directed lifedrawing session in the MCA's Ron Mueck exhibition.The Art School culminated in a public exhibition of thestudents' work.Mallesons hopes to expand this partnership in thefuture. To this end, we have planned a four dayworkshop in January 2004, which will be attended bytalented Learning for Life students from around NSW.A continuing success of the partnership with TSF is theenthusiasm of Mallesons' partners and staff toparticipate in TSF volunteering programs. Forexample, staff from all centres have embraced TSFChristmas volunteering - donating, packing anddistributing toys and hampers. Staff have alsovolunteered as mentors for tertiary Learning for Lifestudents and English tutors for migrants in the Each-One-Teach-One project. Mallesons has hosted trainingevents and debrief meetings for both of theseprograms in 2003.TSF have also benefited from the Mallesons WorkplaceGiving Program. Donations to this program havecreated 90 new Learning for Life scholarships forjunior and secondary students around Australia andhave supported the employment of a TSF EducationSupport Worker to assist Learning for Life students.Art workshops: a continued successMallesons Sydney are continuing our exciting projectwith TSF and the Museum of Contemporary Art(MCA) in 2003. In this project, we provide fundingassistance to TSF to give selected students from theLearning for Life program the opportunity to pursuetheir artistic talent through educational workshops atthe MCA. TSF students, such as Yasmeen (pictured),are selected on the basis of their passion and talent invisual arts.Yasmeen Hadisuryo at the Museum of ContemporaryArt’s January 2003 Art School.17

NationalPartnersAustralian Red CrossMallesons also enjoys a strong national partnershipwith Australian Red Cross (ARC). ARC has respondedto the needs of vulnerable Australians since 1914 andcurrently delivers over 70 free programs and servicesaround Australia to prevent and alleviate humansuffering. ARC also works to promote humanitarianlaws and values in international conflicts.Mallesons' partnership with ARC involves a variety ofpro bono assistance, volunteering opportunities andcharitable giving across all centres. We hosted theARC NSW Annual Corporate and Community Partnersluncheon in December 2002 and in October 2003Mallesons Melbourne hosted a corporate lunch for theNational Office of ARC. Martine Letts, ARC SecretaryGeneral, thanked Mallesons for our ongoing supportof ARC.Over 2002 / 2003, Mallesons Sydney, Melbourne andCanberra have provided internal management adviceto ARC. For example, Mallesons Sydney negotiated acontract between ARC and a major food provider tosupply breakfast products to the Breakfast Club.Mallesons Melbourne also gave contractual assistanceregarding the flow of funds for the emergencydrought appeal in October - November 2002.A large focus of the partnership is ARC's internationalhumanitarian law (IHL) program. As detailed in thevolunteering section of this report, Mallesons haveprovided both financial and in-kind assistance for anumber of IHL public presentations and debates, themost notable of which was the International CriminalCourt Mock Trial in Law Week and the ARC "Building'the peace' in peace operations" conference in Perth. Inaddition, a number of staff have trained in the ARCCommunity Speakers Program and are ready todisseminate IHL information to groups prepared by ARC.Mallesons Sydney began an exciting new volunteeringinitiative with ARC in 2003 - the Breakfast Club.The Breakfast Club program provides over 30 000nutritious breakfasts each year to school children in22 centres across NSW. The breakfasts are servedbetween 8am and 9am and also involve nutritioninformation. A team of volunteers from the mergersand acquisitions team at Mallesons Sydney work ona Breakfast Club roster at an inner city school. Thecards pictured below are “thank you’s” from BreakfastClub students.18

LocalPartnersNational Children's and Youth Law CentreMallesons Sydney enjoys a local communitypartnership with the National Children's and YouthLaw Centre (NCYLC). NCYLC is a national communitylegal centre dedicated to children and young peoplewho are confronted with legal issues in areas asdiverse as family, civil and criminal law. NCYLCprovides services such as advice and information aboutlegal rights and advocates to protect and enforce therights of youth, as detailed in the InternationalConvention on the Rights of the Child.Through the partnership, Mallesons provides financialassistance, legal and non-legal staff support as well aslegal and non-legal in-kind assistance. A number ofMallesons’ staff participate as 'NCYLC cybervolunteers' to provide information to youth on theirlegal rights through Lawmail, NCYLC's electronicquestion and answer service. Mallesons also providesseconded Law Clerks to assist on a part-time basis atthe Centre. In addition, Mallesons' solicitors havedrafted a pamphlet on superannuation for the Centre.NCYLC receive financial assistance as participants inMallesons Workplace Giving Program. These fundscontribute to a project to coordinate the nongovernmentorganisation report on Australia'simplementation of the Convention on the Rights ofthe Child. Mallesons has also assisted in producingand updating NCYLC's Know Your Rights at Schoolkits and redesigned the NCYLC publications catalogue.Mallesons has also provided information technologysupport to NCYLC, including provision of computerhardware and software.Abused Child TrustMallesons Brisbane has a local community partnershipwith Abused Child Trust. Abused Chid Trust runstreatment programs for abused children and theirfamilies in Brisbane, Redcliffe and the Gold Coast.Their objective is to work towards zero child abusethrough advocating for child protection, and providingintensive health, education and counselling services tochildren (0-8 years) and their parents.Among other things, Mallesons Brisbane has providedpro bono assistance to the Abused Child Trust andprepared a memorandum of understanding relating toa particular fund-raising activity. Mallesons Brisbanealso supported the Abused Child Trust's annual Tattsand Tiaras ball on Valentine's Day. Our staff wereinvolved in selling mock tattoos and tiaras as well asorganising a James Bond themed fund-raiser. AbusedChild Trust also receives funds through the WorkplaceGiving Program.Melbourne Affordable HousingMallesons Melbourne has a strong local partnershipwith Melbourne Affordable Housing (MAH) (previouslyEcumenical Community Housing). MAH seeks toacquire, develop and manage community housing toassist individuals and families in a poverty cycle.Mallesons have provided significant pro bonoassistance on a number of MAH's community housingprojects. For example, solicitors recently assisted on aparticular project by reviewing the project's fundingarrangement with the Department of Housing,assisting with the registration of a subdivision plan andpreparing documents relating to the transfer of theland in question. MAH are also receive monthlydonations through the Workplace Giving Program.In addition to this pro bono assistance, we hostedMAH presentations to staff and arranged 'projectvisits' for staff to a number of MAH developments.Staff are also in the process of forming a group ofMAH supporters to assist them with strategies forfundraising particularly amongst the corporate sector.19

VolunteeringIn the past year, hundreds of our staff have volunteeredto assist charities and community organisations. Thoseinvolved include partners, legal and support staff.Mallesons recognises the value of this work byproviding staff with some paid volunteer leave duringnormal working hours. The opportunity to participatedirectly in the activities of the organisations we supportenables our staff to demonstrate their respect for theneedy and disadvantaged whilst developing new andtransferable skills.Our work with these organisations includes tutoring,preparation and serving of meals and staffingassistance phone lines. Further examples follow.Dick Dunn, Chair of NSW ARC, attended a function at Mallesons to thank Telecross and Breakfast Club volunteers. With himleft to right, Alice Mulheron, Breakfast Club Co-ordinator; Kay Morris, Mallesons’ Telecross Co-ordinator; Tanya Williams,Mallesons’ Breakfast Club Co-ordinator; and Reina French, Manager - Community Care Services, ARC NSW.20

EducationA Smith Family educationTSF emphasises the importance of education toempower disadvantaged people. To this end, TSF andMallesons have worked together to integrate anumber of volunteering programs into the Mallesonsin the Community program.Each-One-Teach-One tutorsStaff from the Sydney and Melbourne centresvolunteer to engage in one-on-one conversationalEnglish tutoring for financially disadvantaged non-English speaking adults. In this program, Mallesons’volunteers travel to the students' home for one hourper week. Over the course of 2002 / 2003, we hosteda number of TSF workshops on teaching English as asecond language for interested staff. Most recently,Mallesons Sydney hosted an Each-One-Teach-Onetraining for new volunteers.Mentors for Learning for Life tertiary studentsVolunteers from the Sydney, Melbourne and Brisbaneoffices act as mentors for disadvantaged tertiarystudents in the Learning for Life program and providecareer advice and networking opportunities. Theprogram involves regular contact with the student,generally in the form of a telephone call or a coffeemeeting. Mallesons Sydney hosted meetings formentors in the CBD to share their experiences.Computer Club tutorsVolunteers from Mallesons Melbourne attend classes onSaturday mornings to teach basic computer skills todisadvantaged students. Skills include word processing,internet navigation, scanning and even PowerPoint.International humanitarian lawPartners and staff have been enthusiastic volunteers inARC's international humanitarian law program. In2003, volunteers have prepared and organised publicpresentations and events that raise the profile ofwomen's vulnerability in armed conflicts and questionwhether the existing international protections aresufficient. The UN report “Women, War, Peace”,released in 2002, highlighted women's vulnerability asrefugees, victims and combatants in armed conflict.Women and International Humanitarian LawMallesons and ARC Canberra hosted a public seminar tohighlight the UN report “Women, War, Peace”.• Mallesons Sydney again supported the ARC MockTrial of the International Criminal Court. This trialwas held during Law Week and focused on womenin armed conflict. We supported this event andprovided volunteers on the day. Mallesons Sydneyalso produced a booklet on women and war thatwas handed out at the Mock Trial and will be usedin the future by the International Committee of theRed Cross.• Following from the success of this event and thedesire to explore the legal issues in greater depth, aContinuing legal education series on women andwar was co-organised by Mallesons and ARC. Thisseries consisted of two Continuing legal educationseminars in Sydney, featuring Dr Helen Durham,and one seminar in Canberra, featuring AnneGallagher (an international human rights lawyer forthe UN) and Dr Elsina Wainwright (InternationalProgram Director at the Australian Strategic PolicyInstitute). These events were well-attended by ourstaff and by the public.In a similar vein, Mallesons Perth contributed to theARC conference "Building 'the peace' in peaceoperations" held in August 2003. The conferencefocused on legal mechanisms to support peaceoperations and the impact of internationalhumanitarian law on non state actors.21

CommunityWelfareCredo Café - helping the homelessUrban Seed is a not for profit ecumenical organisationbased in Melbourne. Urban Seed runs a variety ofprograms to assist disadvantaged people, one of whichis a free lunch program for homeless people called theCredo Café. The Credo Café is designed to both meeta basic need for food and to create an environment tobuild relationships with marginalised people. TheCredo Cafe also provides a range of programs for thehomeless, such as writing workshops and substanceabuse information. Donations from the WorkplaceGiving Program are dedicated to the Credo Café.Since August 2002, our volunteers have helped toprepare Sunday dinners at the Credo Café. The team,consisting of about 20 volunteers, undertook threetraining sessions in preparation for the Sunday dinners.These sessions focused on issues such as dealing withviolence, first aid and listening skills.Our connection to the Credo Café is fostered throughspecial events, such as the special Partners and SeniorAssociates lunch recently held at Mallesons whichfeatured a presentation on the Credo Café by theReverend Tim Costello. Mallesons also supports UrbanSeed through pro bono legal work.A friendly helloARC Telecross volunteering program is a great successstory of 2003, involving over 50 volunteers fromMallesons Sydney, Melbourne and Canberra centres.Telecross is a reassurance service which provides a dailylifeline and security check to thousands of elderly andmedically dependent people each year. It aims torelieve social isolation for people who live alone andmay be at risk of sudden illness. The program involvesa daily short friendly telephone call between 8am and9am to a Telecross client to ensure that they are safeand well. If there is no answer, the volunteer activatesan ARC emergency procedure.Rapid bushfire assistanceSignificant areas in NSW, Victoria and the ACT werestruck by devastating bushfires in January 2003.Canberra was particularly affected in these fires.Volunteers from both our Melbourne and Canberracentres provided an immediate response in thisemergency by acting as phone operators at the StateInquiry Centres in Canberra and Melbourne.Volunteers participated in a 24 hour roster to provideinformation and support to people who had beenevacuated from their homes in Canberra's suburbs. Inaddition, staff from the Canberra centre volunteeredwith TSF in the aftermath of the fires to assist withunpacking and storing emergency clothing.The bushfires wreaked similar havoc in Victoria's alpineregions, destroying over one million hectares of privateand public land. Volunteers from the Melbournecentre were available to support the emergencyworkers and distressed people in rural Victoria.Paul Liondas, David Maitland and Meg Lee from MallesonsMelbourne prepare food for patrons at the Credo Café22

CommunityWelfareHuman Rights Law GroupIt has been a busy year for the Mallesons' Human RightsLaw Group (HRLG) in Sydney and Melbourne. TheHRLG regularly meets to discuss human rights issuesand disseminate information to the broader Mallesons'community. In the past year, this has been achievedthrough regular (e)alerts, in-house seminars and thesponsoring of staff to attend external human rightsevents, as well as the production of briefing papers.One of the motivating forces behind the establishmentof the HRLG is the increasing relevance of humanrights law for corporations around the world, includingmany of Mallesons' clients. As a result, an effort hasbeen made this year to focus activities on areasrelevant to the firm's practice.Corporations and human rightsThe Sydney HRLG explored the innovative UK HumanRights Act and its implications for corporations.Flowing from a discussion paper on the UK HumanRights Act written by Katrina Dawson of the Sydneycentre, a seminar was held at Mallesons Sydney todiscuss this Act and its relevance to commercialpractice. The seminar raised discussion about whethercorporations can be responsible for human rightsviolations and whether the Act has endowedcorporations with human rights.Ownership of genetic informationThe Melbourne HRLG hosted a breakfast presentationby Professor Loane Skeane of Melbourne University oncloning and the legal regulation of genetic testing.Similarly, Sydney hosted a seminar on the privacy ofgenetic information, featuring Professor David Weisbrot,the President of the Australian Law Reform Commission(ALRC). This seminar sparked controversial discussionaround: Who owns your genetic information? Shoulddoctors be required to disclose potentially life-savinginformation to the relatives of their patients? Whatnational regulation is appropriate for a nationaldatabase of genetic information.Property and mining rightsThe Melbourne HRLG held a breakfast presentation onnegotiated agreements between indigenous groupsand mining companies. Ingrid Macdonald, the MiningOmbudsman at Oxfam / Community Aid Abroadpresented on reconciling the differences betweenindigenous land rights and the rights of miningcompanies, including case studies from Australia andthe Asia-Pacific.International trade and financial regulationThe regulation of international financial markets andtrade was taken up in both Sydney and Melbournethis year. Naomi Liner of Mallesons Melbourneproduced a discussion paper on "The World Bank andHuman Rights Law." The Sydney HRLG hosted aseminar exploring the World Trade Organisations'Agreement of Trade-Related Aspects of IntellectualProperty Rights (TRIPS) and its impact on the HIV/AIDSpandemic. This seminar featured Associate ProfessorPhillip Griffith and Andy Quan of the AustralianFederation of AIDS Organisation and debated TRIPS'srole in limiting the production of generic anti-retroviraldrugs for people infected with HIV / AIDS.Cyber-litigationMallesons Sydney hosted a HRLG lunch time seminaron 'cyber-vilification'. Stephen Rothman SC presentedon Jones v Toben, the first Australian court decision onrace hate and the internet.This seminar sparked a discussion paper producedby Emily Martin of Mallesons Sydney, entitled "TheRegulation of Racial Discrimination on the Internetin Australia".Gender Strategy CommitteeThe Melbourne HRLG researched and prepared adetailed submission to the Gender StrategyCommittee. The submission explored why it isimportant for Mallesons to improve its rate ofattraction and retention of female partners andidentified the relevant international and domestichuman rights standards and laws, such as theConvention on the Elimination of All Forms ofDiscrimination Against Women.23

www.mallesons.comContactsNATIONALKatrina RathiePartner & Chair - National Charities CommitteeT +61 2 9296 2292katrina.rathie@mallesons.comJane FarnsworthNational Pro Bono CoordinatorT +61 2 9296 2139jane.farnsworth@mallesons.comSYDNEYDavid FairliePartner & Chair - Sydney Pro Bono CommitteeT +61 2 9296 2139david.fairlie@mallesons.comTed KerrPartner & Chair - Sydney Charities CommitteeT +61 2 9296 2212edward.kerr@mallesons.comMELBOURNEStephen NeenanPartner & Chair - Melbourne Pro Bono CommitteeT +61 3 9643 4226stephen.neenan@mallesons.comEmilios KyrouPartner & Chair - Melbourne Charities CommitteeT +61 3 9643 4184emilios.kyrou@mallesons.comAmanda MilledgeMelbourne Pro Bono CoordinatorT +61 3 9643 4132amanda.milledge@mallesons.comPERTHBruce DoddPartner & Joint Chair - PerthPro Bono & Charities CommitteeT +61 8 9269 7068bruce.dodd@mallesons.comLarry IfflaPartner & Joint Chair - PerthPro Bono & Charities CommitteeT +61 8 9269 7081laurence.iffla@mallesons.comSchellie-Jayne PricePerth Pro Bono CoordinatorT +61 8 9269 7049schellie-jayne.price@mallesons.comBRISBANEJohn SwinsonPartner & Chair - BrisbanePro Bono & Charities CommitteeT +61 7 3244 8050john.swinson@mallesons.comCameron GeeBrisbane Pro Bono CoordinatorT +61 7 3244 8138cameron.gee@mallesons.comCANBERRAChris WheelerPartner & Joint Chair - CanberraPro Bono & Charities CommitteeT +61 2 6217 6081chris.wheeler@mallesons.comKristin LeecePartner & Joint Chair - CanberraPro Bono & Charities CommitteeT +61 2 6217 6067kristin.leece@mallesons.comRachael LewisCanberra Pro Bono CoordinatorT +61 2 6217 6074rachael.lewis@mallesons.comThis publication is intended toprovide a general outline andis not intended to be and isnot a complete or definitivestatement of the law on thesubject matter. Furtherprofessional advice should besought before any action istaken in relation to the mattersdescribed in this publication.If your contact details areincorrect or if you do not wishto receive any MallesonsStephen Jaques publications infuture, please contact ourPrivacy Officer either by email -privacy.officer@mallesons.com- or at the address below:Privacy OfficerMallesons Stephen JaquesLevel 28, Rialto525 Collins StreetMelbourne VIC 3000F +61 3 9643 5999© Mallesons Stephen Jaques# 1678 November 2003