The Brief Edition 2 2017

Macquarie University Law Society magazine

Edition 2, 2017 (Volume 23)

Edition 2, 2017 | 1

STAY TRUE.

2 | The Brief

Staying true to your direction is what defines Clayton Utz. We’ve built a culture that’s unlike any other law firm, but don’t just take our word for it. A good lawyer needs compelling evidence so meet our people and judge for yourself. claytonutz.com/graduates

Academic brilliance certainly counts, but graduates who thrive here have something extra – a natural passion for connecting with people and a strong sense of self. That’s what staying true is all about. If you have these qualities, Clayton Utz is for you.

CONTENTS

12 14 17

FEATURES

North Korea: The Impacts of Resistance to Cultural Diversity Alice Kang

Gender Inequality and Human Development Alexandra Nielsen The New Baby Boom Olivia James

20 22 25

ADDITIONALS

IN CONTEXT

6 7 8 10

What's New in the Law? Tashfia Tasnim [Social Justice Corner] The Rise and Fall of the Section 18C Debate Maddison Passarelli

[Devil’s Advocate] Is the Data Retention Scheme proportionate and necessary?

Shachi Tiwari and Jessica Vines [Under the Radar] Utilising our worst flaw as a strength to save the environment Georgia Cam

Human Development in Seconds Russel Alivio

Defining the Boundaries of Human Development Anjali Nadaradjane

Why we are failing to Close the Gap Madison Thorne

28 31 33 34

[Avenues of Your Law Degree] Jenna Leo Nick Owczarek [A Postcard from Abroad] Bianca Collazos Mohra Fazel [Stuff Law Students Like] Readings Aleksandra Nikolic [A Brief Review] Happy Lawyer, Happy Life Jennifer Balech

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G Editor’s Welcome Nick Owczarek Editor in Chief

ross Domestic Product, once the leading measure of wellbeing, is now complemented with other noneconomic considerations of national progress that focus on expanding the ‘richness of human life’ – that is, developing people’s abilities and giving people more educational and work opportunities, leading to more choice, all while focusing on improving living conditions. This, according to the United Nations Development Programme, is what embodies ‘human development’ today, and is the central theme of this edition.

The economic element of human development, however, should not be downplayed. It is the reason why Hong Kong appears on the front cover. Included in the group of ‘Asian Tiger’ economies, Hong Kong along with Singapore, South Korea and Taiwan experienced strong economic growth during the second half of the 20th century

due to rapid industrialisation. As a result, people living in these countries now earn high incomes, are well-educated, and enjoy some of the highest living standards in the world.

This edition inevitably makes reference to economic growth but also delves into many different factors and considerations that fall under the theme. From cultural development to gender inequality and empowerment of women, the merits of the Human Development Index as a metric, closing the gap in Indigenous Australia and the (lack of) choices available in regards to surrogacy, our writers have put forward a range of perspectives on what constitutes ‘human development’ and the varying obstacles that hinder progress in achieving development goals.

I hope you enjoy this admittedly narrow theme. The next edition will be much broader…stay tuned!

Edition 2, Volume 23, May 2017

Editor in Chief Nick Owczarek Online Editors Olivia James Swatilekha Ahmed Designer Nathan Li Writers Tashfia Tasnim, Maddison Passarelli, Georgia Cam, Shachi Tiwari, Jessica Vines, Alice Kang, Alexandra Nielsen, Olivia James, Russel Alivio, Anjali Nadaradjane, Madison Thorne, Mohra Fazel, Aleksandra Nikolic, Jennifer Balech

4 | The Brief

Subeditors Raveena Randhawa, Emma Breislin, Kush Sood, Emily McGeorge, Shivani Gosai, Swatilekha Ahmed, Isabelle Marcarian, Avnoor Guron Editorial Review Ellen Kirkpatrick Macquarie University Campus Engagement Sarah Li Yee Lien Director (Publications), Macquarie University Law Society Images Shutterstock unless otherwise stated.

The Brief would like to thank Jenna Leo and Bianca Collazos for agreeing to be interviewed for this print edition.

The Brief’s print edition is published three times a year by the Macquarie University Law Society, Sydney, Australia.

View our Facebook page on www.facebook.com/thebriefmuls or our website on thebrief.muls.org.

Disclaimer: All views expressed herein are those of the individual authors and do not reflect, in any way, the attitude of the Macquarie University Law Society.

The Macquarie University Law Society does not accept any responsibility for the losses flowing from the publication of material in The Brief.

O President’s Welcome Rhiannon Bell President Macquarie University Law Society

Events

n behalf of MULS, I proudly welcome you to our second edition of The Brief for 2017.

Once again, our Editor-in-Chief, writers, sub-editors, and designer have done a highly commendable job. I congratulate the team on their hard work.

We’re also incredibly proud of our Clerkship Guide, which supports our ongoing Career Engagement events in the corporate sector. Next semester, we will focus on public interest careers, with the release of our annual Careers Guide in September and our Options with Law Fair on Thursday 10 August. Keep an eye out also for our Intervarsity Sports Day on 10 September, our second Social Justice Speakers Night, our Trivia Night, and Law Ball. We also have competitions finals coming up in Week 12.

This semester, our Administration Department has reintroduced the Governance Reform Committee, where ideas are discussed about updating our Constitution. We will be holding

an EGM soon to pass amendments arising from this Committee, and I would encourage you to attend, particularly if you are considering applying for an Executive Council position in 2017. With our elections coming up in September, now is a great time to reach out to some of our Executive members for further information on what it’s like to get involved in MULS. MULS also would like to bid Natalie Klein farewell, and to thank her for all her assistance over her term as Dean of Macquarie Law School. We welcome Vijaya Nagarajan as our Acting Dean. She brings a wealth of experience to the role and we are excited to work with her.

As we move closer to the exam period, make sure you take care of yourselves and your colleagues.

Whether it’s watching a couple of episodes of your favourite TV show, partaking in Self Care Sunday, or just having the odd night off, make sure you take a break to keep yourself refreshed.

Best of luck!

What’s on the calendar this year

Clerkship Q&A Monday 22 May, 12:00pm

King & Wood Mallesons Junior Mooting Grand Final Wednesday 24 May, 6:00pm

Gilbert + Tobin Penultimate BBQ Thursday 25 May, 12:00pm

Options with Law Fair Thursday 10 August

Start of Semester 2 (SOS2) Thursday 17 August (tentative)

Law Ball Saturday 4 November (tentative)

Senior Client Interview Grand Final Tuesday 30 May, 6:30pm

See the MULS Facebook page for more details!

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What’s new in the law?  Tashfia Tasnim

Statutory provisions on dispute resolution On 1 March 2013, the NSW Attorney General requested the NSW Law Reform Commission (NSWLRC) review statutory provisions on alternative dispute resolution. The Commission considered the need for effective and efficient resolutions, issues with the resolution process such as referral timing, the purpose of the current framework, and other criterion determined by the Commission. So far, the Commission has published Consultation Paper 18, recommending areas requiring review. 14 submissions were received.

6 | The Brief

Review of the Guardianship Act On 30 June 2016, the NSWLRC released an inquiry into the Guardianship Act 1987 (NSW) which provides for a nominated person to make decisions regarding personal, financial and medical issues on behalf of a disabled person. The Commission will investigate specific Acts associated with the Guardianship Act, legal reforms and frameworks in International and Australian jurisdictions, as well as the language of disability in guardianship and financial management and extent of capacity, among other criteria.

This review has been conducted in several stages due to complexity. Currently, the final three Question Papers have been released, closing on 12 May 2017.

NSW Abortion Law The Abortion Law Reform (Miscellaneous Acts Amendment) Bill 2016 (NSW) was defeated in the NSW Legislative Council on Thursday 11 May 2017. The Bill sought to decriminalise abortion in NSW by removing the current abortion provisions from the Crimes Act 1900 (NSW), reforming ‘archaic’ and ‘irrelevant’ provisions to bring the law ‘in line with modern medical practice’, according to Greens MLC Dr Mehreen Faruqi in her second reading speech. While community polling cited by Faruqi showed majority support exists for decriminalisation regardless of party affiliation, the Bill was comprehensively defeated 25-14. The vote means NSW and Queensland are the only jurisdictions in which abortion law has not changed since the introduction of their respective criminal law legislation last century.

At present, NSW legislation only permits abortion when a woman’s physical or mental health is considered at risk.

Social Justice Corner

The Rise and Fall of the Section 18C Debate

H

armony Day 2017 was a day that aimed to highlight that ‘everyone belongs’. However, the federal government on this day chose to ignite discussion around s 18C of the Racial Discrimination Act 1975 (Cth) (‘RDA’). The talk about altering this section is nothing new – this time, the federal government intended to change the wording of the legislation by revoking ‘insult’, ‘offend’ and ‘humiliate’, replacing it with the all-encompassing term ‘harass’.

The public reaction to the proposed changes highlights the underlying social justice issues associated with such change. Many individuals have challenged the proposed amendments by divulging personal experiences of racial vilification and victimisation in the public and private sphere, demonstrating that the issue is real and the law does not afford protection. While some have argued that by altering the current wording of the RDA we will promote freedom of speech, the proportionality of the damage that could be caused must be considered. The aim should not be to remove and replace the words as they are, but to strengthen them to be more inclusive. By resorting to the term ‘harass’, one of the only explicit forms of legislative protection against racial vilification will be superseded by the ideal that such a complex issue can be ruled down to one allencompassing umbrella term, which may allow for racial hatred to prevail.

Furthermore, one consideration that tends to be forgotten in the s 18C debate are the specific human

 Maddison Passarelli

rights outlined by international mechanisms which place obligations on signatories. The Australian Human Rights Commission has highlighted Australia’s international obligations to protect against racial hatred under the International Covenant on Civil and Political Rights. In addition, the Commission has reported that merely 21 percent of the discrimination complaints made in 2015-16 were made in accordance with the racial discrimination legislation, indicating that the wording of s 18C as it currently stands doesn’t necessarily burden the procedural complaint process. If the scope of the wording is changed, however, it may trigger the opposite effect, opening the floodgates for complaints.

Despite how quickly the changes were proposed by the federal government, they were quick to be defeated in the Senate. Arguably, the fight to change the wording succumbed to the fact that ‘harass’ cannot cover the full scope of racial discrimination people face. While it was acknowledged that there was some kind of underlying play regarding the proposed changes to the RDA, the defeated amendments could have ultimately justified racial discrimination. Nevertheless, the notion that ‘everyone belongs’ is ideal, but not everyone is necessarily safeguarded by the protections under the law. While the fight against racial discrimination endures, s 18C will likely continue to be questioned.

Maybe we would see a different approach if lawmakers empathised with the people and their stories.

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Devil’s Advocate

Is the Data Retention Scheme proportionate and necessary?

FOR

Shachi Tiwari

8 | The Brief

O

n 13 October 2015, the Australian Government embraced the official commencement of the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 (Cth). This Act requires telecommunications companies and internet service providers to store their customers’ metadata. However, telecommunication companies did not look upon this favourably, leading the government to provide them with an extension of 18 months to comply with the legislation and make necessary changes. As of 13 April 2017, customer information became readily accessible for these companies to retain and for law enforcement agencies to keep on hand.

This section will argue that as a result of increased global terrorism and other societal issues, the metadata retention scheme in Australia constitutes a proportionate and legitimate response to the inevitable curtailment of civil liberties.

With the advancement of technology, the 21st century has witnessed a surge in criminal and terrorist activity. Thus, the collection of metadata is essential since it assists investigations into terrorist acts and other major crimes, including child abuse and pornography offences. In support, the Australian Human Rights Commission recognised the retention scheme as vital to such criminal investigations. With serious crimes like terrorism and cybercrime on the rise in Australia, pervasive surveillance is arguably proportional to the crimes committed and is necessary to maintain national security and identify relevant criminals.

Despite this, arguments are still being made that Internet and phone privacy will be severely compromised as a result of mandatory retainment of metadata. However, metadata is not strictly personal. This means that basic democratic rights to privacy and freedom of speech are not as restricted as one might think. According to the federal government, metadata entails ‘information about a communication rather than the content or substance of a communication’ and does not include companies’ storage of people’s webbrowsing history. Furthermore, the Act is already subject to numerous safeguards, including the arrangement of fewer agencies having access to customers’ metadata and independent oversight by a Commonwealth Ombudsman.

The legitimacy of the data retention scheme was further recognised by the Law Council of Australia – it said there is ‘a legitimate need for law enforcement and intelligence agencies’ to have access to telecommunications data. As civil liberties are not fully curtailed due to careful regulatory legislative measures, the new metadata retention scheme, which has officially taken effect, is still a legitimate change.

With respect to the various restraints on democratic rights of freedom and liberty, it is clear that the significance of metadata only exists as a response to rapidly growing threats of terrorism and other forms of organised crime. Thus through appropriate proportionality and necessity, it is vital for the ultimate maintenance and protection of civil liberties in Australia.

AGAINST Jessica Vines

A

ustralians’ rights to privacy are encapsulated in Article 12 of the Universal Declaration of Human Rights, which states that ‘no one shall be subjected to arbitrary interference with privacy…or correspondence’ and ‘everyone has a right to the protection of the law against interference’. The metadata retention scheme, which allows authorities to access citizens’ metadata at any time, constitutes such an arbitrary interference with privacy, because every citizen is treated as a suspect, regardless if they have committed a serious crime.

Proportionality and necessity are guidelines to determine if interference with privacy is justifiable. However, inadequate safeguards and methods to circumvent the scheme demonstrate that metadata laws are disproportionate and unnecessary.

Firstly, warrantless access is permitted under the new amendments, with agencies now required to report the number of times they have accessed telecommunication information each year. The Commonwealth Ombudsman is also required to inspect and report on the agencies’ records. However, these measures are insufficient because they are reactionary – they only operate after private information has been accessed and cannot prevent improper use. The dangers of this are illustrated in the example of the Australian Federal Police, who had illegally accessed the metadata of a journalist without a warrant. It was only after the metadata was accessed that the Ombudsman investigated the breach.

In addition, while the government has limited the number of agencies that have access to information under the scheme, this is subject to change at any time. There are a number of factors the Attorney-General has to consider before granting an agency access; however, the minister has discretion to consider ‘any other relevant matter’ when deciding to grant a declaration.

This creates uncertainty about the types

of agencies that can access metadata.

Wide ministerial discretion can also have the effect of broadening the types of agencies with access to metadata, rather than setting limitations. In 2016, sixty one bodies applied for access to telecommunications information under the legislation. Many of these bodies do not function primarily to investigate serious crimes, such as local councils or the Australian Health Practitioner Regulation Agency, which has used the Telecommunications Act in the past to investigate misconduct between patients and medical professionals. Wide ministerial discretion and warrantless access to information creates loopholes for such groups to access metadata for improper use outside the legislation’s intended purpose.

People can also easily mask their online activities. One example is through using a Virtual Private Network (VPN), which involves the use of software that encrypts communications between the sender and VPN server, and enables users to change their IP address to a different location. According to Digital Rights Watch, the number of Australians purchasing VPN services has grown since the legislation has passed. This loophole reduces the effectiveness of countering serious criminal activity through data retention.

The necessity of the data retention scheme is questionable, because law enforcement and intelligence agencies already have broad powers to issue Data Preservation Notices, which compels telecommunication companies to store information and content of communication about persons of interests for three months.

The lack of safeguards creates the risk that metadata will be used improperly – the legislation can be circumvented. Not only that, but measures are already in place to access the metadata of suspected persons.

This demonstrates that the metadata retention scheme is disproportionate and unnecessary.

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Under the Radar

Utilising our worst flaw as a strength to save the environment  Georgia Cam

I

t is hard to skip forward through the hands of time and visualise what our Earth will look like in years to come. However, it is clearer to think of the substantial imprint that humans have already created in the equivalent of 1.26 seconds since the Earth’s formation 13.7 billion years ago. When it comes to nurturing our planet, the imprint is regressive, to say the least.

Michael Jackson’s ‘Earth Song’ is a disconcerting melody; its lyrical content containing rhetorical questions that provoke feelings of empathy, intertwined with pinnacle high notes that not even my dog can reach when I accidentally step on her tail!

‘What about the forest trails?’

‘What about apathy?’

Jackson is giving a voice to something that cannot express its pains through words – the environment. But lo and behold, there are plenty of ways that the environment is ‘expressing’ its struggle – low-lying coastal towns are disappearing, atmospheric temperatures rising and oceans acidifying.

This reveals the crux of an interesting human trait, or more specifically a flaw in humankind – the imperfection in the evolution of selfpreservation. We are intrinsically predisposed to care for ourselves and this translates into modern day society through how we consume ourselves with our own short-term future worries, such as what we will make for dinner and how we will afford mobile dog cleaning services for our pampered pooches.

However, there is an effective way to utilise 10 | The Brief

this trait to save our planet – through effective law reform to engage in some very unselfish behaviour.

Proper human choices are crucial to the success of sustainable living. But promoting this type of lifestyle does not have to be through an environmental lens. The argument can be framed in a self-orientated way that highlights the benefits for individuals. It is this simple shift in thinking that eliminates the notion that helping the environment is unavailing and a chore.

A law reform initiative in Sweden that I believe encompasses this way of thinking and has gone under the radar relates to reforming Sweden’s ‘throwaway consumer culture’ in order to reduce consumption by encouraging people to have their belongings repaired rather than replacing them. But how do they motivate people to do this? By reducing consumption taxes on repairing goods like bicycles and clothes from 25 percent to 12 percent.

Let’s face it – people care more about their wallets because their financial security directly affects their everyday life. With this economic incentive in place, hopefully more people will have their belongings repaired rather than buying a replacement. (Older generations always spoke of how they fixed things when they were broken.

Maybe that is why their marriages lasted so long!)

Overall, this is a positive step for humanity.

The return to the time-honoured tradition of repairing goods is a wise approach because not only does it benefit your back pocket, it primarily benefits the environment. Our personal motivations therefore become proactive rather than destructive.

GENEVA SEKULA At the start of 2015 when my law school was abuzz with the prospect of completing clerkships, I had not decided if I was even going to apply.

I had heard a lot about cocktail nights and canapés and interviews, but I didn’t know much about what completing a clerkship actually entailed or why I should sacrifice my beloved summer holidays to do one. Having spent the summer at Allens, I can definitely recommend doing a clerkship. It’s an invaluable way to see the inner workings of a commercial firm.

opportunity to experience first-hand how commercial law operates in a different legal system. I had some memorable experiences zipping through Saigon traffic on a motorbike and visiting tourist hotspots; certainly different to the weekends I would have been having at home!

Although I didn’t come back particularly fluent in business Vietnamese, I definitely came home with a broader international perspective on commercial law, and felt privileged to have been able to experience life in one of the Asian offices.

I was unspeakably nervous on the first day of my first rotation. I had never worked in a law firm before and I was concerned that I didn’t remember an awful lot from my first year Contracts class at university.

I needn’t have worried. That first day I hardly got through any work because the people in my team kept stopping by to say hello, have a chat and see how I was going with everything. I was amazed at how genuinely interested everyone was in getting to know me and making sure I was feeling confident in my work.

I was exposed to lots of different work during my time at Allens. I helped to draft letters, write research memos, conduct title searches, proofread contracts, and attend meetings, among many other things.

But the summer was much more than simply doing a job. It was an opportunity to learn the ins and outs of the firm and we went to a number of seminars which helped to shed more light on the culture of the firm. We heard about Allens’ pro bono work and presence in the community and about the alliance with Linklaters, we heard from a panel of partners who gave us insight into their career progression with the firm, and we heard from a panel of graduates who answered any and all of our questions. I attended Christmas parties (yes, plural), was invited to welcome yum cha, and had many, many coffee catch-ups with lawyers and other clerks. Beyond the legal work and the firm, the clerkship is a great way to expand your social networks. We also went to inter-firm trivia nights and the clerk cruise, and had lots of other opportunities to get to know each other, and the clerks at other firms.

This was indicative of the wider culture of the firm and I was deeply impressed by how supportive and enthusiastic everyone was, and how much time the lawyers were willing to take to explain tasks to me or answer my questions. The firm instigates a formal support network with a buddy, development lawyer and supervising partner, which was a great source of comfort and helped to keep me on track. But, beyond that, there were plenty of lawyers who were keen to get involved with the clerkship and offer their help and feedback.

One of the reasons I decided to go to Allens was because I saw it as a firm where there would be opportunities to work overseas, and having an international dimension to my career was important to me. I hadn’t ever guessed that my first chance to travel with Allens would be in my sixth week working for the firm. After the Christmas break, instead of boarding a train to Wynyard, I found myself boarding a plane to Ho Chi Minh City where I was to complete a three-week rotation.

The Ho Chi Minh City office was very different to the Sydney office. For one thing, it was a lot smaller, and the contracts were in both Vietnamese and English. I had an amazing time in Vietnam experiencing different food and a different culture, but also having the

Allens is a firm full of opportunities. In 10 weeks I travelled internationally, went on an overnight trip to a client office, went on a tour of a coalmine, experienced a Women at Allens panel, visited the Sydney Children’s Hospital, and had the chance to work on pro bono matters. I can’t tell you exactly what to expect from an Allens clerkship, because you never know what opportunities will be there for you to take. The clerkship program gives you the chance to peer inside a commercial firm and to think about your future. I loved my time with the firm and can’t wait to start my career. A clerkship with Allens feels like unlocking the door to an incredible future and I would recommend it to anyone.

CLERKSHIPS AND GRADUATE OPPORTUNITIES Edition 2, 2017 | 11 WITHIN A GLOBAL NETWORK

15306D

North Korea:

The Impacts of Resistance to Cultural Diversity

Will the hermit nation ever shift course?

W  Alice Kang

hen a beautiful young lady dressed in a traditional Korean dress risked her life to tell her harrowing tale of repression and sorrow on a world stage, everyone watching took a moment to wipe the tears that helplessly fell. The social media world tweeted, shared and spread her story bringing to light what a 60-year old dictatorial regime can do not just to hush the voices of their people, but also what a nation’s resistance to cultural development triggers. Her name? North Korean defector Yeonmi Park.

North Korea is often coined the ‘hermit kingdom’ – kind of like the exceedingly conservative dad, relative to the blossoming teenagers that are neighbouring Asian nations.

The reason is because the more oppressive a government is, the less resistance or opposition it usually faces. Maybe this writer should be quailing in her boots, in apprehension of some sort of inhumane penalty that is the norm for speaking out against North Korean criminal laws. But she will be brave and shed some light on a dark place in the world.

One of the biggest horrors in Park’s story, told at the One Young World Summit in 2014, was not of hers, but of her aunt’s. When she was only a little girl, she watched as her aunt was publicly executed.

‘Her crime? Watching a Hollywood movie.’

Strengthening Sentences on Foreign Content While some are sceptical if this part of Park’s story is true, it is indeed prohibited by North 12 | The Brief

Korean criminal law to possess, watch or read any foreign cultural material without prior consent. Even in 2015, the regime revised their Criminal Code to strengthen punishment for importing and distributing cultural content from the world and particularly South Korea.

The current sentence is a minimum of five and maximum of ten years imprisonment coupled with hard labour.

It is also interesting to observe the terminology used to describe these ‘crimes’. Such acts are labelled as ‘decadent’; in other words, it is illegal to hold on to ‘decadent culture’.

Watching South Korean material is considered watching ‘enemy broadcast’ and attracts the maximum penalty of ten years imprisonment.

Only three years before these revisions, the sentences were half of what they are now at two to five years imprisonment, meaning recent changes mark further resistance to potential circulation of foreign culture within the country. Further, multiculturalism, the core of Australia’s identity, doesn’t exist or seemingly will not exist for a very long time given North Korea’s homogeneity.

Political Roots of Juche What drives a dictator to believe that diversity is to be feared? Perhaps this stems from the regime’s socialist political roots. But it would be wrong to say that Juche (the current state ideology of North Korea) has the same political character as the socialist Communist Party of the Soviet Union (CPSU), for example. It is true to

say that North Korea’s dogma has a larger focus Income (GNI) per capita was reportedly US$818 on ‘self-reliance’ as opposed to the familial picture – approximately 150th in the world, according of the Soviet Union combined with the notion of to a report published by the Korea Institute for the dictator as a ‘master’. From this, it can be International Economic Policy. (For comparison, deduced that these aspects are not foundations Switzerland’s GNI per capita was US$45,630 in of the Marxism-Stalinism theories. (However, it 2003, according to World Bank data.) Famine is interesting that the grandfather and creator has also been a constant worry. The regime is of Juche, Kim Il-Sung, stated that such theories dependent on the international community to were the tree to his fruits of thought.) make up the shortfall in food supply, amounting to Even when observing the Soviet culture of 1.5 to 2 million tonnes annually.

Russia as a principal example of the CPSU, the Russians were hugely influenced by and Moving Forward fascinated in American popular culture through When Park was growing up near the borders of the Brezhnev era. Believe it or not, they too had North Korea and China, she too lived through the a blue jeans craze in the 1980s. Moving to the years of the North Korean present, President Putin famine in the 1990s, which further insists Russia’s “[North Korea’s] claimed more than a million strength lies in their economic development lives. Now a happy student cultural diversity, proving so by elevating Islam as on has been hindered since at Columbia University in the US, she always ends her par with Russian Orthodox the 1970s. In 2003, North speeches with a memorable Christianity, making the Korea’s GNI per capita line: ‘When I was crossing two religions the central was reportedly US$818 – the Gobi desert, scared of religions of the state. It is dying I thought nobody difficult to state to which approximately 150th in cared, but you have listened sphere, east or west, Russia the world” to my story. You have cared.’ now belongs to, and this Is it more important to is partially due to the fact be self-reliant as a nation that it preserves a vast amount of ethnicities and regardless of the economic consequences than languages surpassing even the US. to embrace cultural diversity and development?

There doesn’t seem to be much downside for Impacts of Tourism on North Korea’s Economy North Korea to consider opening such doors, We can also observe North Korea’s prohibition where cultural diversity will result in not just on most travel and tourism as impacting North economic but all kinds of growth opportunities Korea’s cultural (and economic) development. for their citizens. Perhaps North Korea needs Only high-ranking communist party officials to consider not all foreign tourists will come to are granted permission to leave state borders corrupt or disturb, but rather take new cultural as tourists. According to a range of academics knowledge back to their home countries. As US published in the Annals of Tourism Research President Barack Obama remarked in his visit journal, tourism may be a critical contributor in to Seoul in 2012, arguably all Koreans yearn for achieving higher levels of understanding between unification and no more borders between land cultures and nations which indirectly ameliorates and culture. economic inequality. Economic statistics in North All the world can hope for is to see an overdue Korea demonstrate the economic consequences of change ‘unfold that once seemed impossible’; the lack of freedom to travel, which is coupled with hope for watchtowers to be empty and the Korean lack of capital investment as well as ineffective people to be ‘whole and free’. It appears that what labour and industry structures. As a result, North Korea really needs are people to listen to economic development has been hindered since the hushed but courageous stories of the common the 1970s. In 2003, North Korea’s Gross National people that want a voice, and care.

Edition 2, 2017 | 13

Gender Inequality and Human Development The fight for gender equality

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 Alexandra Nielsen

ender inequality and human development are inextricably linked.

The fundamental principle of human development is one of equality: everybody should have equal opportunities, be able to realise their potential and live the lives that they want to live. In other words, equal opportunities in all spheres, regardless of gender, are at the core of human development.

Unfortunately, there are still persistent and entrenched gender inequalities globally, resulting in women experiencing lower human development outcomes compared to men. There are strong societal pressures faced by men and women to act and behave in certain ways, which have entrenched structural inequalities based on sex.

Opportunities are still being distributed unequally within and across societies, many of which are unavailable to women. Often there is a lack of communication between policy makers and women regarding policies that impact women’s lives, which results in women being disadvantaged and discriminated against, especially in realms such as health (both physical and mental).

Further, women are made more vulnerable by the intersection of their class, gender, sexuality and other social statuses. Women of colour and women who identify on the LGBTI+ spectrum, especially transwomen, suffer from

14 | The Brief

discrimination far more than white, straight women, who are relatively more privileged. As such, interventions are most effective when they address the multiple dimensions of inequality that women face on a daily basis.

Limiting women’s capabilities, opportunities and choices have wide reaching consequences. When the full potential of women’s lives cannot be satisfied, then humanity cannot reach its full potential.

The Gender Inequality Index (GII) The Gender Inequality Index (GII) is built on the same frameworks as the International Human Development Index (IHDI), and measures gender inequalities in three major aspects of human development: 1. Reproductive Health (as measured by maternal mortality ratio and adolescent birth rates), 2. Empowerment (as measured by the amount of seats females occupy in parliament and the proportion of adult males and females aged 25 and older with some secondary education), and 3. Economic Status (as measured by labour market participation, and the rate of males and females aged 15 and older participating in the labour force).

The GII examines the position of women in 159 different countries, with the component indicators highlighting which areas need critical policy intervention. The aim of the GII is to stimulate proactive thinking and change in public policy to overcome the systematic disadvantages faced by women. The Index ranges from 0 to 1 – the higher the score, the more disparities there are between men and women, and the greater the loss in

human development, especially seeing as women make up over 50 percent of the population. In the most recent data (2015), Niger and Chad scored the highest with a score of 0.695. a. Health and Sexual Reproductive Health The health of women, and to some lesser extent men, is placed at risk due to patriarchal structures and social norms such as manhood and masculinity. Men who subscribe to more rigid views of masculinity have been shown to express greater violent urges, often resulting in domestic violence. Further, men and women sometimes receive different levels of medical attention and care for the same or similar illnesses. Women also carry the main burden of caring for their sick relatives, which can have exceedingly negative consequences, especially when girls drop out of school to care for their family members.

Moreover, women’s rights are often not supported in the legal and policy frameworks of many countries. For example, more than 40 percent of women globally live in countries with restrictive abortion laws – this includes Australia. These restrictive laws and policies regarding access to contraception and abortion have significant human development costs, particularly when women seek unsafe abortions.

Unsafe abortions result in numerous health complications, and in some cases death. Poorer women are also far more likely to use unsafe methods than wealthier women.

Another significant violation of women’s human rights that occurs in many countries is female genital mutilation. In parts of North and West Africa, up to 9 out of 10 women have suffered through genital mutilation. This abhorrent practice results in a plethora of health complications, including chronic pain, infections and severe emotional and psychological trauma. b. Empowerment Gender discrimination in politics is a global issue. Historically, women were not considered to be full citizens and could not vote. Today, things have definitely progressed, with women being able to vote throughout the world – however, voting turnout for women is still extremely low in many countries.

Since gaining the right to vote women have made strides in politics, however their presence is still quite limited. Gender stereotyping is a problem facing many women who make it into politics. Data from a 2006 American National Election Studies Pilot Study revealed that both males and females expected men to perform better as politicians than women. Further, women are also considered to be a political demographic. In other words, they are expected to care only about things that affect women or are

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considered to be women’s domains e.g. matters regarding children and education.

Further, only 22.8 percent of all national parliamentarians across the globe were women as of June 2016, which is only an increase of 11.3 percent since 1995. In January 2017, 10 women were serving as Head of State and 9 were serving as Head of Government. Rwanda has the highest number of women parliamentarians worldwide and they have women in 63.8 percent of the seats in the lower house. Globally, there are 38 states where women account for less than 10 percent of parliamentarians in a single or lower house.

Four of these chambers had no women at all, as of June 2016.

Nevertheless, there is growing evidence of progress. Women work across party lines through parliamentary women’s caucuses and have continued to champion issues of gender equality, fighting to end gender-based violence, promoting parental leave, childcare, pensions and gender equality law reform. c. Economic Status Empowering women to participate fully in economic life throughout all sectors and levels results in stronger economies, establishes more stable and just societies, propels business’ operations and achieves internationally agreed goals for development, sustainability and human rights. An increase in female labour force participation or the elimination of the gender pay gap would result in faster economic growth.

Women continue to participate in the global work force on an unequal basis. In 2013, the female employment-to-population ratio was 47.1 percent compared to 72.2 percent for males.

Globally, women are paid less than men, with women earning on average 60 to 70 cents of

16 | The Brief

men’s wages. UN Women, an entity of the United Nations, has noted that ‘women could increase their income globally by up to 76 percent if the employment participation gap and the wage gap between women and men were closed’, adding up globally to US$17 trillion.

Moreover, ethnicity and gender creates pay gaps for minority women. As cited by UN Women, for example, Hispanic women’s median earnings in the US were ‘only 61.2 percent of white men’s median weekly earnings’, but 91.1 percent of Hispanic men’s (due to their low earnings).

It is important to be aware of the interconnectedness between ethnicity and gender. In order to raise everyone up as a whole economically, we have to ensure that women of colour and women of other minority groups are not excluded.

The future Evidently, there is much that still needs to be done to achieve gender equality. However, as a global community great work is being done and significant strides have been made. Just last year the world saw one of the largest organised women’s marches in history. The Women’s March in Washington expanded to the point that women were marching on every continent in the globe. It just goes to show the power, passion and organisational prowess women possess. Further, one of the United Nations’ Sustainable Development Goals is Gender Equality. This program has done so much already to promote the importance and need for gender inequality – and it always essentially boils down to human development. If humanity wants to progress as a whole, we need to make sure women are equal.

The

NewBabyBoom The flaws of an outdated law  Olivia James

T

he acceptance of surrogacy both nationally and internationally has occurred as a result of societal and medical development. Consequently, it has legitimised surrogacy as an option for couples. There are many factors that have led to this positive recognition. Firstly, the emergence of women in the workforce has meant that many women are choosing to have children later in life, increasing the likelihood of needing a surrogate. Secondly, the growing acceptance of the LGTBI community has meant that ‘nontraditional’ forms of parentage are becoming more accepted in society. Thirdly, and quite obviously, the procedure has become more accessible as a result of increased medical research. Surrogacy, as well as other forms of procedures to assist with conception, such as IVF and donors, has redefined the traditional understanding of the term ‘natural’.

Australian couples seeking surrogacy options have been on the rise for many years. According to Surrogacy Australia, an advocacy group based in Melbourne, the number of couples travelling internationally to broker surrogacy deals has tripled in recent years. One reason that contributes to this rise is that commercialised surrogacy is illegal in Australia. Ironically, altruistic surrogacy, where the surrogate receives no financial gain and the only costs covered are from pocket expenses, is legal. Residents of Queensland and NSW have been prohibited from seeking surrogacy arrangements internationally, perhaps due to growing dependence on international options. However, UTS Professor Jenni Millbank’s collated figures from the Department of Immigration and Citizenship indicate that in the financial year of 2011-12, over 500 applications for citizenship on behalf of surrogate-born children were lodged from India

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“The international surrogacy market has few avenues available to protect both surrogates and couples”

alone. This is in stark contrast to domestic figures, with only 19 official statements of altruistic surrogacy being lodged in Australia for the entirety of 2011. Clearly, despite the criminalisation of international surrogacy, prospective parents are not being deterred from seeking the service overseas. What problems, if any, are posed by this international approach to parentage and what can be done to address these problems?

In July 2014, the story of baby Gammy, a surrogate child with Down syndrome, made national headlines. The story elicited sympathy for parents David Farnell and his wife Wendy, who were living in Australia with Gammy’s twin sister Pipah. Despite claims that the Farnells had abandoned Gammy, it eventually came to light that they had allowed him to stay with his surrogate mother in Thailand, and that David Farnell had been convicted of child sex offences in the 1990s. Gammy is currently still with his surrogate mother, the Farnells have been granted custody of Pipah, and this controversy seems to have finally been laid to rest. This case is not an outlier, however.

Cambodia’s recent crackdown on commercial surrogacy, instituted late last year, has stranded multiple Australian families and left surrogate mothers in limbo. Fertility Solutions PGD, run

by Australian nurse Tammy Davis-Charles, has been uprooted from a small village on the outskirts of Phnom Penh, impacting up to 10 surrogacy-born babies and around 50 unborn

18 | The Brief

babies. These couples pay upwards of US$50,000 per child while the surrogate mothers are alleged to receive just US$400 a month for carrying the baby. In order for the parents to be appointed as legal guardians by the Cambodian government they need to prove that they are the biological parents and provide a signed letter of approval from the surrogate mother. Approval has not always been obtained however, with surrogate mother Hour Vanny claiming that her now three-month-old daughter was taken from her against her will to live in Melbourne.

Looking at Cambodian laws, it is difficult to tell whether or not Vanny’s daughter was brought into Australia legally.

The international surrogacy market has few avenues available to protect both surrogates and couples. The Australian Government maintains that it has authority over international surrogacy arrangements, a stance that strains their relationship with Cambodia as it grapples with how to deal with this sudden demand for surrogate mothers. Furthermore, Australian diplomatic missions do not have the authority to investigate the separation of twins or the lodging of children’s passports. Clearly, there are legislative and emotional concerns raised by international surrogacy. The most obvious resolution would be domestic reform, such as the legalisation of commercial surrogacy. But is that the best solution?

There are a litany of domestic concerns that have halted any legislative change for the legal

commercialisation of surrogacy. The average age of an Australian mother is now 30 years, with the proportion of mothers aged 35 and over at 22 percent. First time parents are becoming older, which is making it more difficult for them to conceive. The ageing proportion of first time parents is not necessarily an issue when one considers that people are generally living longer.

However, some examples are causes for concern.

The birth of a baby girl to a Tasmanian couple last year created a media frenzy when it was revealed that the mother, a first time parent, was 62 and the father was 78. By obtaining a donor egg overseas, the couple stirred controversy, with many commentators believing that this was a selfish move considering it was unlikely that the father, and potentially the mother, would survive until their daughter was 18. Other examples include a 56-year-old woman giving birth to an IVF conceived child in 2007, and a 57-year-old woman in Perth giving birth to IVF conceived twins in 2010. While not born from surrogates, these instances raise a relevant question – if commercial surrogacy was legalised, would there be any restrictions upon the age of the parents?

The above case of babies Gammy and Pipah is unfortunately not the only story involving sexual abuse of children, which has tarred public perceptions of surrogacy. In 2014, a Victorian man was arrested for the production of child pornography and for the abuse of trafficking his twin daughters. The infants were conceived through surrogacy overseas, with police saying

that the father underwent the process for the sole purpose of being able to sexually abuse the girls. In a similar set of circumstances, journalist Ginger Gorman reflected on an interview with parents Peter Truong and Mark Newton that she conducted in 2010 about their struggle to have a surrogate child. Following an investigation by the US Postal Service and Queensland police, the men were revealed in 2013 to be paedophiles, involved in an international paedophile ring.

Their son, conceived through surrogacy and brought to Australia was abused from when he was just two weeks old. Both circumstances, as heartbreaking and deplorable as they are, they are worth considering before taking any step of legislative change, despite being rare occurrences.

Frequently, social, political and cultural changes occur faster than legislative reform. The area of commercial surrogacy is just one example.

There are benefits to government regulation, such as protecting surrogate mothers, parents and children. However, issues of age as well as the privacy of surrogate parents from their surrogate children are polarising issues, and are unlikely to ever be universally accepted. The implementation of any legislative change, as well as the practicality of regulatory measures, are major roadblocks that need to be addressed before any steps are taken to legalise commercial surrogacy. For now, commercial surrogacy in Australia remains another instance in which the law lags behind the times.

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Human

Development in Seconds Is our perception of human development distorted?  Russel Alivio

J

ust for a moment, try to visualise the Earth’s existence in the span of 24 hours; that’s 1440 minutes or 86,400 seconds in one day. Using this scale, evidence suggests that humankind has only existed for as long as the last few seconds. If you look around you, the technology, the people, and the environment, we’re a long way from the beginning – but how far exactly? Drawing on this idea, this article will explore the intersection between human development and areas of international law, namely how certain substances of global legal concern may impugn the accuracy of the Human Development Index (HDI). Indeed, this particular focus on international law should come as no surprise – it is proof that despite our inherent differences and tendency to distinguish ourselves from others, we are capable and willing to rally towards a common purpose.

International Humanitarian Law (IHL) Obscured in the act of war is the fact that we’re all connected; we are all people fighting for a better quality of life. In this regard, IHL accounts for armed conflict and strives to limit its repercussions. As a result of armed conflict, we expand our defence, develop new technology, and increase our knowledge of other countries

20 | The Brief

as well as ourselves. The technology used to facilitate a quick response to Cyclone Debbie in Queensland, for instance, happens to be the very same technology first used half a century ago by the US and USSR to launch missiles into space. If we consider this technology as part of a country’s technological capability, then it could be accounted for in the HDI. But to what extent?

Countries are more linked and interdependent than ever before – economically and militarily.

For this reason, cyber warfare is considered one of the most complex and substantial concerns faced by IHL today. The very technology that civilian and military functions rely on can initiate attacks and can itself be attacked physically and virtually from anywhere on Earth or outer space.

Such attacks could trigger a compound effect, potentially causing the collapse of a corporation, an economy, and quite possibly countries.

Accordingly, informational integrity is of paramount importance to the Australian Defence Force, to the extent that information security is embedded to every member from the first day of recruitment. While the HDI attributes silent but very real capabilities to a country’s human development, does the HDI adequately take into account a country’s susceptibility according to its political, economic or military ties?

International Human Rights Law (IHRL)

International Environmental Law (IEL)

Not to be mistaken with IHL, IHRL similarly Recall mankind’s existence in the analogy used at seeks to legally promote the lives, health and the beginning of this essay. If our search for the dignity of individuals, focusing on matters outside meaning of life has indicated one thing, it’s that of armed conflict. It should go without saying that life is reserved for those who can adapt to change IHRL is fundamental to human development.

– not the level of intelligence. Keep that in mind Indeed the economic, social, cultural and civil when considering that all previous extinctions achievements of IHRL in the past century alone were caused by nature, compared to the present, have significantly expanded the opportunities and in which human activity bears fault as the catalyst life expectancy of people across the world. This for the recent extinction of several species. Indeed, is illustrated in the World Health Organisation’s it wasn’t until 1972 that the global ‘environmental 2016 Statistics which display a considerable movement’ was established concurrently with the increase in global life expectancy and a slowly adoption of the Stockholm Declaration, adopted narrowing gap between countries with the so that nations would accept responsibility for highest and lowest life expectancy. any environmental effects caused by their actions The reason that we’ve come this far in (coincidentally, this was during the same decade human rights and in that Apple and Microsoft health is because we as were founded). people have changed – our The issue stressed here is “The reason that we’ve activities, knowledge, the arguably flawed metric come this far in human that measures human values and beliefs have rights and in health is development. Environmental drastically developed.

But to what extent? We’re sustainability isn’t a because we as people living in an internet age determinant for the HDI; have changed – our where information flows rather, it only serves as activities, knowledge, freely and quickly between an objective for human values and beliefs have development. Why is this a people, and on average, people are actually getting drastically developed. problem? The HDI measures smarter. This, however, human development by a But to what extent?” comes at a price. Our country’s capabilities and IQ might be rising, but by their people – excluding our EQ certainly isn’t. a country’s environmental Studies show that depression has increased impact. Not only is environmental sustainability over 15 percent in the past 10 years. As of capable of precise measurement, but it 2016, that’s 1 in 10 people, globally, suffering inescapably affects a country’s inhabitants and from depression. When a job doesn’t suit our capabilities. Ironically, these changes are so slow requirements, we’re so quick to ‘hop’ into a one. that we shrug off the idea of a distant dystopian When a relationship gets too complicated, we future – the same mindset resting with countries end it. We hear something in the news once, addressing cyber warfare, where informational and suddenly we’re ‘experts’ on the matter. integrity surfaces only when actual damage has We’re also a little too aware of the euphoria we occurred – only to find out that we’re like frogs get from ‘likes’ and ‘shares’ on social media, at being boiled alive by nature. So, if a country’s the expense of meaningful intimacy. capability, reliant on several nations, is used The truth is, people inevitably continue to to determine the level of human development, change. Though, whether or not our values and should a country’s environmental sustainability intelligence can or should be assessed by the also be measured? At the end of the day, however, HDI, the following argument might compel you whether the HDI is truly realistic or just a metric to think affirmatively. for demographic supremacy, we’ve developed into so much more in only a matter of seconds.

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Defining the Boundaries

of Human Development An exploration into the merits of the human development system  Anjali Nadaradjane

‘If you invest in people, if you upgrade your infrastructure and increase the choices available to all you will have a more stable society.’

T

his declaration was made by Khalid Malik, a lead author on the 2014 Human Development Report (HDR) in the wake of Australia’s ranking as second-best country on the Human Development Index (HDI) for quality of life.

Since 1990, the HDI has aimed to capture human advancements through the dimensions of people, opportunities and choice. Yet, these methods of measurement have attracted contention. For example, is the HDI the most valid representation of the wellbeing and progress of a country? Does a high rank on the index necessarily equate to a successful nation?

Finally, should gross national happiness receive greater weighting than gross national income in determining quality of life?

22 | The Brief

What is the human development index (HDI)?

The HDI was instituted to accentuate the significance of people and their potential in assisting in the development of a nation rather than merely measuring development through economic growth. It combines three important dimensions in calculating and ranking 188 countries: longevity and healthy life (including life expectancy at birth), education (average years of schooling) and standard of living (Gross National Income per capita). The HDI extracts statistics from the national statistical authority of each country. By evaluating a country’s potential for individual human development, it provides a supplementary metric for evaluating a country’s level of development.

HDI observations The HDI is hindered by inherent weaknesses which prevent it from providing a more accurate image of human development globally. The statistic is far from a comprehensive measure of

human development as it omits several important dimensions of human development such as mental wellbeing and self-actualisation, which contribute to overall life satisfaction. Instead, longevity, acquisition of knowledge and access to resources for a decent quality of living are favoured as markers of human development.

Moreover, the report is not reflective of input efforts by government and inter-governmental policies to ameliorate social development, nor short-term human development achievements.

Finally, the HDI is an average calculation which shrouds inequities within countries regarding gender, race and ethnic groups.

Australian quality of life vs the reality of standards of living for Indigenous Australians Australia’s HDI in 2015 (published in the 2016 HDR) was second overall. However, the HDI masks a series of disparities and inequalities within Australia, warranting an assessment of its merits. Systemic discrimination towards

Indigenous Australians and their general living standards are pertinent issues which starkly contrast Australia’s HDI ranking. Aboriginals are among ethnic minorities in Australia systematically excluded by barriers that are not purely economic, but political, social and cultural as well. For example, improving the health status of Indigenous peoples in Australia has been a longstanding challenge for governments in Australia. There is a lack of equal access to primary health care and a lower standard of health infrastructure in Indigenous communities such as housing, food and sanitation, compared to other Australians. Moreover, Indigenous life expectancy is over 10 years below the nonAboriginal population. Poor health and nutrition, poor housing, low education levels and high unemployment continue to be factors that cause low life expectancy. Unfortunately, the standards of living of many Indigenous Australians reflect a different reality than otherwise implied by the HDI and also reflects defects in the way in which the HDI is measured.

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that ‘measurements of happiness’ would ‘help guide society during this period of the new [2030] The notion of GDH has been championed sustainable development goals.’

by Bhutan since 1971 as another measure Issues surrounding mental illness have of progress instead of been linked to ‘death from Gross Domestic Product overwork’, or the Japanese (GDP). GDH measures “The HDI is hindered term ‘Karoshi’, which is prosperity and progress by inherent weaknesses highly prevalent. Japan of a nation through the which prevent it from has endured backlash over ‘spiritual, physical, social chronically awful working and environmental health providing a more conditions. Death from of its citizens and natural accurate image of overwork and ceaseless environment.’ Previously, overtime are closely related human development there was a belief that to the rise of what in Japan globally” material growth should are known as ‘burakku be preferred to wellbeing kigyo’, loosely translated when measuring a nation’s as ‘dark companies’ or progress. However, since the GFC, the GDH has ‘evil corporations’. According to investigative gained more interest in contributing to human journalist Jake Adelstein and Mari Yamamoto, development. the term refers to businesses in which ‘work hours are long and brutal, unpaid overtime is Japan: HDI vs GDH endemic, and harassment at work – including sexual harassment and bullying – is part of the Japan’s admirable levels of human development workplace culture’. were reflective in its 2015 HDI ranking of 17th.

Gross Domestic Happiness (GDH)

Indeed, Japan ranks well for income, wealth, education, skills, jobs, earnings and personal security, according to the OECD’s 2016 Better Life Index. Life expectancy in Japan is the highest in the OECD at 83 years. Their education systems were top-performing with Japanese students exceeding the PISA (which measures literacy, maths and science) by over 40 points on average, while 73 percent of people aged 15-64 have a paid job.

Conversely, Japan is ranked 46th on the UN’s 2015 World Happiness Report (WHR).

Japan has below average scores in work-life balance, health status and subjective wellbeing.

Additionally, Japan is notorious for the stigma attached to mental illness, which obstructs access to and the development of proper health care. This raises the question of whether the HDI should extend their scope to consider the happiness and wellbeing of nations in measuring human development. Jeffrey Sachs, John Helliwell and Richard Laynard, the academics who edited the 2015 WHR, strongly recommend

24 | The Brief

Conclusions Poor mental health and wearing working conditions in Japan compel us to question whether happiness and wellbeing should receive the same level of importance when determining a nation’s development. Jigme Singye Wanchuck, the King of Bhutan from 1972 to 2006, has challenged conventional economic notions of human progress, arguing the ultimate goal of every human being is happiness. Robert F Kennedy, younger brother of former US President John F Kennedy, also attested to this ideal when in 1968 he declared ‘it [GDP] measures everything…except that which makes life worthwhile.’

Sometimes the very things that we expend to sustain our lives are the very things that are killing our ability to live. Thus, while the HDI has its merits, it is hindered by weaknesses due to the wellbeing considerations it excludes.

Why we are failing to

Close the Gap

The need to help Indigenous people in remote communities

D

 Madison Thorne

isenfranchisement, marginalisation, and subordination. All words associated with the human development of our Indigenous communities. One might have hoped this would be ephemeral; something that would fade with the passage of time. That phenomena creating inequality and hardship would pass as liberaldemocratic egalitarianism countered the ills of our history. This is, after all, the quintessence of our national narrative. But it appears our narrative has reached its anticlimax. The latest ‘Closing the Gap’ report reveals that ‘Indigenous’ is still strongly tied to ‘disadvantage’. Our national story is still inextricably linked with ‘oppressed and oppressor’.

It may seem rather strange that after countless speeches from Canberra imploring change, our Indigenous communities are still waiting for the day they share equality.

We’ve had Sorry Day. We’ve had the UN call incarceration rates of Aboriginal youth as a ‘major human rights concern’. Indeed, Australia

has been recognised as having the worst life expectancy gaps between Indigenous and nonIndigenous people in the world, according to the 2009 UN Report on the State of the World’s Indigenous Peoples. Politicians are often disingenuous; claims that ‘things will change’ are more analogous to superficial and tokenistic pieces of doublespeak intended to diffuse the heat of critics.

The Council of Australian Governments (COAG) set out to combat Indigenous disadvantage in 2007 with leaders from federal, state, territory and local governments congregating to address human development areas affecting Indigenous people. COAG set out to close the gap between Indigenous and nonIndigenous Australians on seven key measures, including life expectancy, child mortality, early childhood education, school attendance, literacy and numeracy, Year 12 completion rates and employment. Uniquely, COAG agreed to be accountable for reaching goals within specific time frames, establishing a yearly ‘Closing the Gap’ report that would document progress and Edition 2, 2017 | 25

the feasibility of reaching timely outcomes.

The 2017 ‘Closing the Gap’ report however showed that we are not on track to achieving six of the seven human development goals by the specified time period. COAG’s report card has a fail grade. Why? Indigenous Affairs Editor of The Australian, Stephen Fitzpatrick, sums it up well:

‘Indigenous affairs spending worth $5.9 billion a year is not delivering results because few of the schemes being funded are properly evaluated, the assessment of what is needed is inadequate and some programs are poorly designed.’

Indeed, the principle our politicians keep overlooking is that ‘funding must be allocated on the basis of need, not just indigeneity’. Beyond being based on false pretence that affirmative action is advantageous for equality, policy treats the Indigenous polity as a homogenous group. It universalises and normalises disadvantage as something common to all Indigenous Australians, and distributes funding accordingly. But not all Indigenous people share an identical narrative.

Just as all Australians are not carbon copy duplicates of one another, an Indigenous man in inner city Sydney is not the propagated clone of an Indigenous girl living in rural Australia with no educational access.

The 2011 Census confirms this. Out of 550,000 Indigenous Australians, 65 percent were in employment and living similar lives to other Australians. It is the 13 percent, or 70,000 indigenous individuals documented as welfare-dependent, with limited education and employment opportunities, that need to be the target of Indigenous funding regimes.

Blanket policies ignore differences within the Indigenous population and asserts funding is necessary for all Indigenous persons. Common sense and indeed statistical evidence suggests that this is not the case. Common sense also 26 | The Brief

infers expenditure directed at those not in need is poorly targeted spending and counterintuitive for closing the gap.

What’s the solution?

Policy and subsequent funding needs to be specified and targeted towards Indigenous people in remote areas; targeted at those who are actually in need. These conclusions are quantified by the 2017 ‘Closing the Gap’ report.

The target to halve the gap in employment is unlikely to be achieved and the results are quite telling. Indigenous employment rates vary according to geography. Only 35.1 percent of all Indigenous people living in remote areas and of workforce age are employed. Compare this with the 57.5 percent of those situated in major cities, and the issue is obvious – policy and funding should assist those in rural areas more.

We are also not on track to halving the gap in reading and numeracy for Indigenous students by 2018, while halving the gap in school attendance by the end of 2018 seems unfeasible.

On average, Indigenous 15 year olds are roughly two-and-a-third years behind non-Indigenous 15 year olds in both reading and maths. However, results indicate this is worse for students in more remote areas. In 2016, Indigenous students had an 83.4 percent attendance rate compared to their non-Indigenous counterparts who have a 93.1 percent attendance rate. Furthermore, Indigenous students in inner regional areas had an 87 percent attendance rate, compared to the 66 percent rate of Indigenous students in remote areas. Again, these statistics reiterate the issue of the rural/city divide.

Considering this, the takeaway is that hit and miss policy aimed at a vague, assumedto-be homogenous ‘Indigenous community’ is not the silver bullet that will end Indigenous inequality. This idea is grounded in fiction and myth. Indigenous people are unique and come from different circumstances, and policy should reflect this.

“Blanket policies ignore differences within the Indigenous population and asserts funding is necessary for all Indigenous persons.

Common sense and indeed statistical evidence suggests that this is not the case”

ABOVE AND BEYOND BE A PART OF EVERYTHING

GRADUATE CAREERS IN LAW Join Herbert Smith Freehills and you’ll do more than just experience life at a leading law firm, you’ll be a part of everything we have to offer - whether you’re working on a high-profile takeover, catching up with an overseas client or taking on some challenging pro bono work. It’s an environment in which your perspective, ideas and experiences will make a real difference.

Don’t just experience everything, be a part of it.

SEARCH HSF GRADUATES FOR MORE

Edition 2, 2017 | 27

Avenues of Your Law Degree

An Interview with Jenna Leo Competition for jobs in the legal sector continues to be fierce. However, it is possible to make your own success through non-traditional pathways.

 Nick Owczarek

Editor-in-Chief Nick Owczarek recently talked to 2010 law graduate and former MULS Social Functions Coordinator Jenna Leo, who is now the CEO and cofounder of Home Care Heroes. Home Care Heroes is a social start-up connecting carers with individuals in need of assistance, and was recently accepted into ‘Remarkable’, an accelerator technology innovation program focused on improving the lives of people with disabilities, run by the Cerebral Palsy Alliance and backed by the Telstra Foundation.

Q1: In a nutshell, what is Home Care Heroes?

We’re an online platform that connects passionate everyday people (‘Heroes’) with people who need help with the little things – people who are elderly, have disabilities or are ill or injured.

By building these relationships, Heroes gain flexible paid work by providing affordable home care services to people in need. As a social enterprise, our main focus is on the psychological benefits of friendships – making people feel valued, empowering them to achieve goals and supporting them to live independent lives.

Q2: What is a typical day like?

I catch the early train into work so I can do a yoga class first thing. It really gets me in the right headspace and in the zone for the day. I usually listen to podcasts on the train as well to give me some inspiration and ideas.

We have offices at Wework in Pyrmont so once I’m there I like to make myself breakfast and go through what I have to do for the day, what kinds of meetings I have and go through my to-

28 | The Brief

do list for the week, prioritising what to do for the day. It’s great for bringing back focus to what needs to be done right now, otherwise things get all over the place.

My mornings are a jumble of team meetings, meetings with partners or advisors, checking and replying to emails, ticking off my to-do list.

Everyone on our team makes the time to interview at least one Hero a day as well. It’s great because we keep that connection with our community and get to meet some cool people!

Afternoons are usually spent going through social media, blog posts and other marketing ideas as well as going through my to-do list.

I love teaching and don’t want to lose my connection with yoga and my students so I still teach a few yoga classes a week.

When I get home, my husband Mat and I will have dinner together, go over a couple more great ideas while watching TV and then early to bed so we can start all over again!

Q3: What drove you to transition from the corporate sector to co-founding Home Care Heroes?

I had started teaching yoga and there was a girl in one of my classes who started crying. I freaked out and asked if she was okay and if she was injured.

Her response changed everything for me: ‘I have anxiety and depression and because of it I have never been able to breathe properly. Just then, as you were directing breathing was the first time I have ever taken a full breath.’ It was amazing! It felt so good to make other people feel good and happy and when I compared it to how I felt working in corporate every day I realised that I wanted to do so much more.

After that, Mat and I started talking about solving our own problem – finding affordable and trustworthy people to help out Mat’s parents; he was spending two hours a day on the phone with them. It was exhilarating to get on board and actually solve it!

Q4: What were some of your biggest challenges in setting up Home Care Heroes?

When we started, during the day I was mainly working by myself which was difficult as I am extremely extroverted – I really thrive working around people. There was so much that was unknown and I was doing a lot of it blind and alone. But that’s what made those things the most rewarding when I achieved them – ranging from talking to five different insurance brokers about insurance and hearing about how they didn’t think we would work, figuring out the way profiles are created and transactions should flow, working out pricing and how our business plan would work, setting up the structure of the organisation and more. But now that’s done there are other challenges. There’s always something to learn and something to overcome. I guess that’s the beauty of it, you’re never bored!

Q5: What personal attributes or knowledge/skills from your legal education have you found to be most instrumental to your work?

The negotiations and client interview competitions as well as being part of MULS was really important for me as

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they gave me the confidence to voice my opinion, to listen, to understand and to always ask for something better.

Q7: What were some of your most memorable experiences at Macquarie University?

It’s funny how the theory from your degree starts to flood back in when you need it. All the business structure information, how to incorporate, as well as contract law and IP have all been useful for understanding what we needed to do to set up, incorporate, hire people and protect ourselves.

The best times that I had were hanging out with friends every day, laying on the lawns on campus and in the MULS office, the time someone used leftover law ball tickets to make a gladiator outfit to make me laugh, the time when I went to the bathroom and someone changed my FB profile to Bruce Lee, doing group and take home assignments, the time that a lecturer told me I should quit law, and the next semester when I topped the year in an assignment (that was great).

In general, I think running your own business is like constantly living through a take home exam. It’s all about understanding exactly what is required, finding the right sources and people to help solve the issue, filtering through all the advice and research, focusing and then executing it in your own way. And I’ve learnt that the most important thing isn’t about getting it 100 percent perfect – it’s about submitting the assignment on time.

Execution is everything!

Q6: During law school, did you have any idea about what career or job you wanted to pursue after you graduated?

While I was at uni I really wanted to be a big dog corporate lawyer. I think it was because everywhere I looked that’s what I was seeing, I never really thought about it more in greater depth. After doing a clerkship I realised that it wasn’t the place for me, something that the managing partner realised as well. It’s funny how much you think you want something; if you aren’t really passionate about it, it becomes so obvious to people around you. Sometimes you just need to do something to realise that you don’t like it, try and try again, do some soul searching and try again.

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And the parties… oh, how I loved the parties, whether it was The Ranch, Conception Day, Law Cruise, Law Ball… I loved them all! And the photos still come up in my Facebook feed! Sometimes it’s a good thing and sometimes not so good…

And exchange too! I’d recommend everyone should go on either a short one or a semester. I went on two – a short term in Vienna and a semester in Antwerp. Both were amazing but it was on the Antwerp exchange that I met my husband Mat. He was from Montreal studying politics and we lived in the same student house. He’s now co-founder of Home Care Heroes!

Q8: Any pearls of wisdom/sage advice for current law students?

Get involved with everything you can and take every opportunity, whether it’s competitions or societies or exchange or groups. You do incredible things and meet some amazing people. Even if you think it might be super lame, once you’re in there it’s the best thing ever!

Education mostly isn’t about the content of what you learn, it’s all the other skills that you acquire from interacting with people as a team to achieve a result.

A Postcard from Abroad

Recently returned exchange student Bianca Collazos speaks to Mohra Fazel about her exchange experience in Mexico  Mohra Fazel

University and study You don’t hear of many law students venturing to Mexico for exchange. What made you decide upon it?

I wanted to experience something a little different. I have Peruvian heritage, so I’ve always had an interest in the Latin American culture. I was nervous initially about travelling to Mexico, there’s negative media coverage, though I can confidently state that I’m thrilled that I decided to choose it for my exchange.

What subjects did you study in Mexico?

In Mexico, I studied Spanish, International Humanitarian Law, Alternative Dispute Resolution and the Law of International Organisations.

Professors who either previously or currently worked within the field for each subject taught each of my subjects exceptionally. It was impressive.

Did you find that studying in Mexico was different to Australia?

In a nutshell, study in Mexico ran on a stricter schedule. Tutorial attendance was compulsory, and observed strictly so I spent much more time on campus than I was previously used to.

However, I think it was of benefit, considering that the threshold for a pass was 70, which is much higher than in Australia. Almost all my classes were

set up like tutorials, and held for about 1.5 hours to 3 hours, depending on how many credits the subject was worth. We also participated in something called 'Semana' during the middle of semester – we had to choose a practical task and participate in the task for a week and complete a compulsory mini-assessment.

What was unique about the university that you studied at?

Tecnológico de Monterrey (‘Tec de Monterrey’), the university that I studied at, is regarded as one of the best of the Latin American region, and it wasn’t hard to see why. Tec de Monterrey has some of the most advanced tertiary facilities that I’ve been exposed to. The campus is equipped with high-tech labs, there’s a huge library, a gym that’s free for students and there are even rooms which simulate a stock market exchange.

The most unique aspect of Tec de Monterrey is the extra-curricular involvement by all the students. The activities range from salsa dancing, Muay Thai or even yoga. The activities are graded and form part of their curriculum. At the end of semester, there’s a cultural week and the activities are showcased. It was really heartening to see the engagement and it was a great way to get to know other students.

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Culture and lifestyle What did you find challenging about settling into Mexico?

I was overwhelmed at first. Mexico City has a large population and the city is fast-paced. The population of the city is close to that of Australia, despite a much smaller landmass, so you can imagine the chaos. Language was also a barrier as English is scarcely spoken. Despite this, the Mexican hospitality is very much alive, and locals would do what they could to help me when I needed it.

What did dining on a student budget in Mexico look like?

Tacos. Lots of tacos. It really is a staple food in Mexico, and understandably so. They’re delicious, and there are no shortages on fillings (like cow’s tongue for the more adventurous types).

They’re also well within budget at $1 each; we started to survive off them. My host mum was also an amazing cook, so I’d often share her Mexican delicacies with my friends at university.

What does a law student in Mexico do to unwind from studying?

Margaritas and reggaeton. On weekends we’d head to hot spots in Mexico City such as La Condesa or La Roma, and this quickly became a weekly ritual for my friends and me.

I still have the Mexico Top 50 playing on Spotify.

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Did undertaking an exchange in Mexico lead you to travel somewhere you might not have otherwise had the opportunity to see?

I had the opportunity of experiencing a traditional Dia de los Muertos (Day of the Dead) observance in Guadalajara, and experienced Mexican Independence Day in Guanajuato, one of my favourite cities there.

Why should other law students consider Mexico for their exchange?

Mexico is diverse. Geographically, you can find countryside, desert, jungle and beaches all in one country. Mexican people are incredibly hospitable – I felt so welcomed during my stay, and they also know how to throw a party or two. My university also worked hard to organise events and weekend trips for students, which is how I met some of my closest friends, whom I shared some of the most memorable times with. Not only was fun in abundance but so was learning; my professors were rich with experience and had a genuine interest in their student’s learning. I recommend law students to consider something different, especially Mexico. I’m already planning my next trip there. ¡Viva Mexico!

Readings Stuff Law Students Like

B

uried under bizarrely formatted iLearn tabs and several useless announcements about holidays and ‘get to know each other’ threads lies the jewel in the crown of a law students’ life. Like a clam opening unto the world, the list of prescribed readings nestles itself under each week’s iLearn header like a pearl ready to be plucked.

Of any faculty, it is sometimes difficult to tell overeager law students apart from the plethora of enthusiastic first years buying their textbooks and bookmarking readings to their Favourites bar as if this will somehow increase the likelihood of them being read. But there lies a fundamental difference between the stereotypical overachieving first year and every single law student. If you look closely, a law student displays an almost transcendent approach to their readings, taking the weekly assignment as a benediction to their often unjust overlord and saviour, The Lecturer.

Sometimes a particularly empathetic lecturer will assign a list of ‘recommended’ but not ‘compulsory’ readings; a list that is akin to Christmas to even the most apathetic law student. There is no better feeling than knowing that once you have spent 8 hours finishing one week of subject readings, there are an additional several hours of voluntary readings which you can do, at your own leisure, to the extinction of whatever soul and social life you have left.

Curiously, the phenomenon is not limited to first year law students.

Among all faculties and year groups surveyed, law students were found

 Aleksandra Nikolic

to be 99 percent less likely to whinge about their readings, 99 percent more likely to tell the truth about how much of their readings they had finished and 99 percent less likely to burn their textbooks in a fit of desperate rage when they couldn’t sell them at the end of semester because they were no longer the current edition.

When asked for comment about this scientific phenomena, Lisa* responded that she found law readings to be especially easy to comprehend, never excessively repetitive and only took several days to read. Interestingly, an anonymous source reported that Lisa’s friends had started to comment about her bizarre habits and that bringing a textbook to Happy Hour at Ubar is considered anti-social behaviour. When asked for comment, Lisa told The Brief she did not really accept this criticism and that we’d have to wait for further comment because she was only half way through her Remedies readings for next semester.

While most students experience a downturn in enthusiasm and completion rates of reading assignments, a recent study found that law students’ dedication to their readings grew at an exponential rate.

In fact, the study found that motivation never plateaued but continued to grow irrespective of the student’s mental health, lack of job prospects and dwindling circle of friends.

As a gift to our dedicated readership, we have supplied a link to a list of readings and further evidence for your pleasure: http://bit. ly/2nipwQN. *Names have been changed Edition 2, 2017 | 33

A Brief Review

Happy Lawyer, Happy Life Lawyers can be happy people  Jennifer Balech

H

appy Lawyer, Happy Life, written by Australian family lawyer Clarissa Rayward, truly is the most valuable ‘textbook’ a law student could invest in. Unlike most prescribed texts our lecturers urge us to purchase, this book covers the most important topic of all – how to live a happy life as a legal professional.

It is not a secret that a career in the legal profession carries with it a high risk of stress, anxiety, and depression. In response to alarming statistics and her own personal battle with unhappiness, Rayward wrote this ‘instruction manual’ to help others navigate their way through the ups-and-downs of the legal profession and find personal gratification.

The book is full of practical tips, inspirational quotes, valuable lessons, and self-reflection activities that were all both motivating and interesting.

I particularly appreciated Clarissa’s commentary regarding the science

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of happiness and her ‘five drivers of happiness’: looking after your health, improving your attitude, embracing your passion, celebrating your purposes, and being yourself.

Clarissa’s book is both colourful in text and design and while it does stand out on a bookshelf among other legal textbooks, it makes for even better light reading on the train or by the beautifully bucolic Macquarie University lake.

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