THE QUTLS STUDENT MAGAZINE
ISSUE 2021-2
N O N - F I C T I O N & E S S AY S
|
FICTION
|
P O E T RY
|
BOOK REVIEWS
ACKNOWLEDGEMENT OF TRADITIONAL OWNERS The Queensland University of Technology Law Society (QUTLS) acknowledges the Turrbal and Yugara, as the First Nations owners of the lands where QUT now stands. We pay respect to their Elders, lores, customs and creation spirits. We recognise that these lands have always been places of teaching, research and learning. The QUTLS acknowledges the important role Aboriginal and Torres Strait Islander people play within the QUT community.
RECONCILIATION We recognise that Aboriginal and Torres Strait Islander peoples are the custodians of the land, and have a traditional association with the land in accordance with their laws and customs. We acknowledge that for reconciliation to be sustainable over time, local communities and institutions must support, and be involved in, the process. We are committed to inclusion, reconciliation and consultation to ensure the future of Australia is one where our First Peoples are afforded equal opportunity. In 2021, the QUTLS welcomes commencing First Nations students, and wish you every success in your studies and beyond.
-03
ACKNOWLEDGEMENTS The QUT Law Society would like to thank the following firms for sponsoring this issue of The Gavel: Ashurst
Jones Day
Baker McKenzie
Johnson Winter & Slattery
Clayton Utz
K&L Gates
Corrs Chambers Westgarth
King & Wood Mallesons
DLA Piper
Norton Rose Fulbright
Gilbert + Tobin
Piper Alderman
Herbert Smith Freehills
QUT PLT
HopgoodGanim Acknowledgement must also go to the following people for the creation of the Guide: Alexandra White, Director of Media and Communications Ashton Darracott, Publications Officer Ciaran Greig, Publications Officer Ben Steele, Design Officer Kristina Vang, Design Officer Illustrated by Ben Steele and Kristina Vang. Thank you to all of the contributors whose work appears in this magazine. Your time and effort is greatly appreciated.
THE GAVEL
-05
CONTENTS NON-FICTION & ESSAYS THE IMMIGRANT STORY YEARS AND YEARS OF YEARNING HELP THEM REALISE THEIR POTENTIAL LAW, SOCIETY, AND SEX (WORKERS) SETTING THE RECORD STRAIGHT THE LAW, WORKER EXPLOITATION AND WHAT IS TO BE DONE
FICTION ST AUGIE’S SNITCH
THE GAVEL
-07
From the Press Room Welcome to the second edition ever of The Gavel, and the second edition of the QUTLS magazine for the year of 2021! While it is the case every year, it seems that as the years tick on they always fly by faster than the last. This year is clearly no different. And alas, here we are again, with a new edition of the magazine. The Media Comms team can say with great confidence that it has been such a pleasure bringing to life the publications this year. For The Gavel, we decided to make this edition’s theme open. We wanted writers to take control of what they wanted to write about. Inside this edition, you’ll find personal essays about identity and immigration, and of maybe never being satiated with the things that life has to continually offer. You’ll read research and thoughtful insight on the youth criminal justice system and public attitudes, sex work in society and law, and worker exploitation in the legal profession. Plus, you’ll get an entertaining read about misconceptions of what it means to study law (why do so many people think law students can help them get out of their speeding tickets? It’s baffling). In terms of fiction, our very own Ciaran (who’ll one day win the Premier’s Literary Award, the Stella, the Pulitzer, or all three on the one novel) offers readers a small look into the vanity and ego of primary school tuckshop and teacher politics, narrated by a sardonic and witty primary school art teacher. We hope you sincerely enjoy the works inside, and thank you to all our contributors for this edition, and this year. It’s been an honour reading and publishing your words and stories. A massive thank you must also go to the talented Design Officers, Ben Steele and Kristina Vang, for their extraordinary vision. They see colour, shape, life, and dynamism in the words on these pages where many of us may just see black and white text. Thank you as well to our fabulous Director, Alex White, who will be stepping into the role of Vice President of the QUTLS in 2022. And without further ado, go forth and enjoy your summer, and happy reading! Ciaran and Ashton Publications Officers
THE GAVEL
-09
THE GAVEL
The Immigrant Story
THE IMMIGRANT STORY ANIELLE ROSEMOND
Growing up in Mauritius was nothing short of enriching and gratifying. Being born of such deep history and profound culture makes me so proud of being who I am. But like most immigrant stories, our pursuit for better opportunities triumphed over our longing to stay in our beautiful motherland. Leaving the only place you have ever known, and all your family and friends behind can make you feel as though you are completely alone. Not only do you leave everything important to you behind, but you also lose yourself, your identity.
Not being able to speak one word of the English language made it that one bit harder to adapt to the new place we now called home. It also made it difficult to make friends, and even asking the teacher if I could go to the bathroom was a struggle. But by some saving grace, my understanding of the English language developed over time, and I began to adjust to my new life. Not many people understand
-011
“It is the hardships we have had to endure that have contributed to our reclusiveness. It is the belief that all can be lost if we are not careful.”
the identity crisis and the loss immigrants feel.
to distinguish from these clear dissimilarities, we
There is an isolation that happens and a distrust
pursue excellence in other areas such as education,
that occurs which if misunderstood may translate
sports, and music. These become our outlet for
as being ungrateful. However, that could not
self-expression, as well as a way for people to see
be further from the truth. It is the hardships we
us beyond our appearance or our background.
have had to endure that have contributed to our reclusiveness. It is the belief that all can be lost if
As much as this fear is contributed by external
we are not careful. Think of it this way, you move to
factors, it is also internal. Letting go of this fear
a country completely foreign to your own, and for
of not being accepted is deep-rooted and does not
you to integrate, you develop a persona, almost like
disappear overnight. Whether you are five years
a defence mechanism. This is often created with
old in Prep, a high school student, a university
the belief that without this different persona, you
student, and even in your 50s, this is a common fear
will not be accepted. Many immigrants feel afraid
immigrants share. This is why spaces of diversity
that they will not be accepted for who they truly
are a necessity. Diversity allows us to appreciate
are. The way you speak, the language you speak,
the beauty that comes from being different and
your skin colour, and even your hair is enough to
opens our minds to different cultures. Loving your
turn heads and make you feel as though you are an
culture and your roots is not something that you
alien. So you begin to work hard to lose the accent,
should feel needs to be hidden away, but it should
straighten your hair to fit in, and speak a little softer
rather be celebrated and embraced. University is
so as to not draw attention to yourself. Therefore,
THE GAVEL
The Immigrant Story
of a better life for themselves and their families. This is why I find studying law so interesting because as law students, we have the opportunity to apply our knowledge to causes that are important to us and create change. As I have progressed throughout my law degree, I have found that we are not limited to the walls of a university classroom but rather are encouraged to use the tools we have been provided with and take initiative. Immigrants’ stories are so rich in overcoming adversities and a lot can be learned from their journeys if we take the time to listen and maybe see where change is needed. The immigrant story is often overlooked. The bravery and strength of immigrants are so remarkable, and our tenacity knows no bounds. I am proud to be an immigrant as it contributes so much to who I am as a the perfect place to meet people from all different
person. The struggles, the loss of identity, and finding
backgrounds
of
yourself again are processes that many immigrants
Especially a university like QUT
have in common. By only being our authentic selves
and
different cultures.
increase
our
understanding
which encourages inclusivity and self-expression.
can we truly immerse in the beautiful life of grandiose opportunities we have created for ourselves and our
Being an immigrant has given me knowledge and
families. It is only then can we openly engage with
wisdom that I will always be grateful for. It is my
our new-found community and create new memories.
parents’ sacrifice of deciding to search for better
Being an immigrant does not limit you but rather
opportunities for their children in another country
provides you with more depth and appreciation
that has allowed me to follow my passion. For many
for everything you have been able to achieve. The
immigrants, there are many ‘firsts’ that happen such
obstacles we have had to face as immigrants, though
as: the first person to go to university in your family,
it has tested us in many ways, has also granted us
the first to travel to a foreign country, and maybe even
knowledge and qualities which we would never have
the first to own a house of your own. These ‘firsts’
obtained without these obstacles.
are only a stepping stone of creating a legacy of our own. Whatever was once impossible can now be
To my fellow immigrants pursuing their passion at
achieved thanks to the grandparents or parents (like
university: continue to thrive and define yourself on
my parents) who made the sacrifice of building from
your own terms. Be yourself but most importantly,
the ground up. Therefore, being an immigrant myself,
share your story in the hopes that at least one person
it hurts on a deeper level when you see immigrants
can find comfort in your words and also find the
being mistreated simply because they are in pursuit
strength to continue on their journey.
-013
“In our current world, the present moment will never fail to impact the future. Our past decisions and the pure permanence of history itself, have determined who we are and more importantly, who we want to be.”
In our current world, the present moment will never fail to impact the future. Our past decisions and the pure permanence of history itself, have determined who we are and more importantly, who we want to be.
YEARS AND YEARS OF YEARNING In our current world, the present
moment will never fail to impact
the future. Our past decisions and
the pure permanence of history itself, have determined who we
are and more importantly, who we want to be.
CHLOE HAMMOND THE GAVEL
YEARS AND YEARS OF YEARNING The Immigrant Story
At the core of human evolution is desire. Something
with soft hues of baby pinks and mellow yellows. I
that is indescribable and almost unattainable, until
imagine it like that – but ten times greater.
you find yourself entirely caught up in that one person, place, or thing. I used to compare the feeling
That is not to say I place desire in this emotional,
that only an exclusive group of otherwise ordinary
physical, or intellectual sense on some great
people really had the privilege of describing, or
pedestal of praise, but it just seems so out of reach,
something close to, the complete serenity I felt as I
like it is on the highest shelf in a supermarket, but
watched the sun set over the water.
I am only five-foot-two (even on my tippy-toes). I catch pieces of these emotions on the faces of
I can vividly remember floating in the ocean at
elderly couples holding hands on the train, new and
Moreton Island as it was nearing the end of summer
clueless parents at cafes on Sundays or that mid-
break. I was patiently waiting for my friend, who
40s married couple surrendering their modesty to
was out canoeing past the wave break, to come
embrace in a little PDA at the school fair.
back to shore. We were in the peak of our teenage years – rage, rebellion, restlessness. I thought it
***
was ironic that I craved anything but that damned stereotype people continuously expected from me.
In our current world, the present moment will never fail to impact the future. Our past decisions and the
The sun was strong that day, but as each hour
pure permanence of history itself, have determined
passed by, it seemed to retreat behind growing
who we are and more importantly, who we want
clouds, playing a shy, docile game of hide-and-
to be. We are constantly longing for contentment
seek with the sky as it gently lowered itself towards
in a world full of ambition, and I think ambition is
the water. The same supportive feeling of the water
closely related to greed.
holding my weight, paired with a-million-andone iridescent sparkles across the surface until the
There, I said it. Greed. I think that word has
water meets the horizon, and the sky paints itself
such a negative connotation attributed to it, for
-015
something that empowers people to plan better, do
who you are.’ Whilst this is all undoubtedly true, I found
better, be better. So often it is thought of as eating
it strange that we worked so hard for a number that,
too much cake or taking anything more than your
ultimately did not matter once we got what we wanted. A
fair share, but what is so wrong about wanting
hamster wheel.
more? The line between living an extraordinary life and being relatively content is easily discernible. By
Now, three years deep, I constantly remind myself, ‘This
this definition of ‘fair’, when one travels overseas,
is everything that you wanted’. Stepping up from that
gets a new job, or tries a new restaurant, maybe they
temporary childhood dream to drafting a more mature
should only experience it once.
manifestation has been challenging and weirdly
I guess in a similar sense,
that
my undergraduate degree, was
had a
something
longed different
for.
acceptance
and
I
although
confidently
Sure,
think
letter, I
could
write
my
next goal in freshly laid
of
wet cement, I question
success and desire, but
if it is truly different
the
very
from that superficially
that
whatever
imagined eye
can
idea
I
I was so happy to receive
when I was accepted into
it
unmotivating.
philosophy
in
can
the be
be
impermanent
mind’s
my
achievable,
past,
and
goal it
of
makes
me wonder; will I ever be
was now tangible. This law of
satisfied?
attraction was universally present, and I had secured my ideal finished product, or so I thought. There I stood, with exactly what I wanted, but not without that same need to combat any incompleteness. Perhaps I am ordinarily ambitious, or just pathetically greedy.
I recall my high school teachers prattling on and on about ‘doing your best’ and ‘trying your hardest’ but that was counterintuitively paired with weaker remarks of ‘your final grade doesn’t determine
THE GAVEL
Help them realise
HELP THEM REALISE THEIR POTENTIAL: A LOOK AT THE INCREASING PUNITIVENESS OF SENTENCING CHILDREN AND ITS SOCIOLOGICAL UNDERPINNINGS ESTELA STEVENS AND JORDAN PAIVA
Society places great faith in the potential of
stir up public sentiment around youth crime. This
children, however, this faith can prove fickle
persuasion can be damaging to public perception
when it encounters an interaction with the justice
of young offenders as the media often reports
system. Public response often transitions from
on
nurturing to hostile when children receive welfare
encouraging simplified rhetoric, rather than a more
modeled consequences rather than solely punitive
balanced view of young offenders. The general public
penalties. Expectation for tougher punishments
doesn’t have access to the in-depth knowledge
for children in the justice system is not new,
of the justice system needed to understand the
however, it is misinformed as recidivism may be
nuance of juvenile crime, and without it, it is easy
increased by such punitive measures. Magnifying
to rely on a rudimentary and incomplete attitude
retributive reaction does not aid the community
towards sentencing. Society’s perceived feeling of
nor the offender, however rehabilitative sentencing
safety is primarily shaped by their perception of
options may be beneficial to both. This paper
social disorder, and then secondarily by reported
seeks to uncover why the public seeks increasingly
levels of anxiety. Politicians and media outlets
‘tough on youth crime’ rhetoric through the lens
frequently
of three arguments; sociological understandings of
which may have an adverse effect on the public’s
political and media advocacy for harsher juvenile
impression of community safety. When the media
sentencing, effects of harsher sentencing on the
encourages politicians’ ‘tough on crime’ rhetoric
community, and why the justice system should
by reporting on heinous criminal offenses, it may
distance itself from such harsh attitudes towards
increase feelings of social disorder. As a result,
rehabilitation.
politicians will often take advantage of this for
emotionally
adopt
charged
‘tough
and
on
violent
crime’
stories,
discourse,
their own gain by using it for their own purposes, The media and politicians work hand in hand to
such as employing this language to garner votes for
-017
“The public as it stands now is largely not educated on sentencing calculus or how courts operate (particularly children’s courts), leading them to make harsh judgements.” THE GAVEL
Help them realise
re-election. An example of this is when the Courier Mail’s
violence during childhood and early adolescence and
stories regarding the need to be ‘tougher on young criminals.
severe and long term neglect and family dysfunction. This
Clearly this would assist a politicians’ efforts for re-election
creates a harmful cycle of children growing up in harmful
should the media also align their stances with those up for
environments, committing a crime and being exposed to
re-election. Conversely, more proportional representation
harmful criminal elements. These criminal elements can
of crimes and more balanced policies may elevate a sense of
cause a spillover effect to their families and potentially
public safety. Analysis of adult offenders has displayed that
expose more children to the criminal behavior. Given
retributive attitudes expressed by the public on sentencing
that the public often do not give much leeway to those
become more lenient when presented with the same
who make these mistakes, it is easy to ascertain why
contextual background to the crimes that judges normally
criminal activity may be the only option for some young
consider. The Palaszczuk government’s ‘strong’ new youth
people without any support. Therefore, it is clear that the
justice reforms increase punitive measures on youth crime,
incarceration and increased harshness of punishment is
reiterating to the public the stigma and labelling of young
ultimately harmful to the child in the long run.
people involved in the criminal justice system. When the media and politicians retrospectively label children as
Taking a rehabilitative approach to the sentencing of
deviants, they fail to foster the potential of that child.
children is the most research-backed, utilitarian and emotionally sensitive approach. This is clearly shown in
Despite the wealth of research in the area to the contrary,
the responses elicited when public focus groups are given
much of the public and legislature still believe in the
the same information judges use in their sentencing
value of punishment for punishment’s sake. The effect
decisions. The public as it stands now is largely not
of this is the opposite of what these groups intend, and
educated on sentencing calculus or how courts operate
reality exacerbates it. It is a well-developed principle that
(particularly children’s courts), leading them to make
incarceration is the single biggest factor which leads to
harsh judgements. However, when they are presented with
recidivism. This risk is exacerbated when the child is in
how the court works and how sentences are calculated,
their formative years when being sentenced. Despite this,
their
the Queensland Government has enacted amendments to
advocating for diversions as opposed to incarceration.
the Youth Justice Act 1992 (Qld), removing the presumption
It has been shown consistently that diversions and
of bail for children in certain offences. Failure to provide
cautions are the most effective way to deter most young
early intervention for at-risk children has shown to increase
offenders from continuing lives of crime. While it must
recidivism later in life. Further, the incarceration of a child
be conceded that not all children are deterred by these
can have lasting harmful effects on the child’s family. The
measures, the vast majority take the cautions to heart.
profiles of young offenders often see children exposed to
Often the most effective programs for child offenders
harmful stimuli such as drug and alcohol use, poor mental
are those which allow the offender to still contribute to
and physical health, low levels of education, exposure to
society. An example of how this happens is electronic
attitudes
change
from
punitive
to
fostering,
-019
monitoring within the community. Instead of being exposed to the criminogenic environment of prison, the offender is able to make amends and continue his life through various education and therapy programs at the court’s disposal. As such, it will place the offender at a better wicket to re-enter society and contribute meaningfully. It is clear then that the alternative of rehabilitative sentencing is more effective than retributive punishment in rebuilding a person to reenter society.
The ‘tough on youth crime’ rhetoric encouraged by the media and made into policy by politicians may ultimately, according to the research, increase recidivism. Children who receive rehabilitative help for criminal behavior also
Sources: Baker, David, ‘Tough on crime rhetoric and reality of property crime and feeling safe in Australia’ (Policy Brief, Australian Institute, Parliament of Australia, 6 August 2013)
can experience unsympathetic public reactions. There is a lack of balanced education and representation of young offenders that is required for the public to fully comprehend
Bartels, Lorana and Marietta Martinovic, ‘Electronic Monitoring: The experience in Australia’ (2017) 9(1) European Journal of Probation 80
juvenile crime and recidivism. Through the investigation of political and media advocacy of tougher sentences, the effects of harsher penalties, and the benefits of rehabilitative
Ellis, Suzanne et al, ‘Give them a chance: Public Attitudes to Sentencing Young Offenders in Western Australia. (2018) 18(2) Youth Justice 169
sentencing, advocacy for solely punitive sentencing should be reconsidered. Often, the argument advanced when discussing convicted individuals is the argument of ‘they’ve
Hutchinson, Terry, ‘“A Slap on the Wrist” The Conservative Agenda in Queensland, Australia’ (2015) 15(2). Youth Justice 134
had their chance’. However this limits the potential and the social identity of young people. On a purely pragmatic level, it is within society’s best interest to see children realise
Mark Ryan, ‘Palaszczuk Government’s strong new Youth Justice reforms passed by Queensland Parliament’ (Statement, Department of the Premier and Cabinet 2021)
their highest potential, and lifting them out of crime is a
Payne, Jason and Don Weatherburn, ‘Juvenile reoffending: A ten- year retrospective cohort analysis. (2015) 50(4) Australian Journal of Social Issues 349
vital way to do that.
Stobbs, Nigel et al, ‘Sentencing and public confidence in Australia: The dynamics and foci of small group deliberations’ (2014) 1(19) Australian and New Zealand Journal of Criminology 1 Youth Justice Act 1992 (Qld) THE GAVEL
Law, Society, and Sex (Workers)
LAW, SOCIETY, AND SEX (WORKERS)
JORDAN PAIVA
Law
students
are
often
accustomed
to
the
sex work from wider society. The exclusion of
phenomenon that the law follows technology and
these members of society makes little sense on
morals; however, there is a small yet important
the utilitarian view as it has been seen that such
niche that breaks this trend. Sex work has been
exclusion can motivate individuals to engage in
legal in Queensland for nearly 20 years and yet
more dangerous and risk-taking behaviour which
still holds a brand of shame and taboo which seems
could be detrimental to their health.
difficult to change. This attitude likely stems from archaic views from past generations but as future
Interesting parallels can be drawn between the
litigators and judges, it is important to recognise
view on sex work within society today and the
not only where the law falls short, but also where
view of psychiatry during the mid-20th century.
society falls short and where the law has caught
Many people saw engaging the services of a
up.
mental health professional as a shameful display and those who did so were looked upon as less
The Prostitution Act 1999 (Qld) was enacted during
than others who did not solicit those services. This
a time of unease within the community with the
needs to change. One may engage the services of
rise of HIV/AIDS, and changing societal views
a sex worker for many reasons but one which I
which followed in the wake of political corruption
believe would resonate with many readers is the
within the Australian establishment. I wouldn’t
ability to enact their own agency in their own lives.
blame that one may make the logical leap that
Being in an environment free from judgement
the establishment would welcome this inclusion
on a sexual level allows the client to be able to
into society from a legal standpoint. However,
explore their own sexuality. On a more macro
this does not stand when applied to wider society.
level, governments could work towards more
The stigma of sex work is a complicated amalgam
progressive policies and initiatives supporting sex
of religious, moral, and ethical frameworks that
workers. One such move would be the inclusion
lingers today. As such, these elements are fierce
of ‘job’ or ‘career’ as a possible basis to enliven
drivers of various sectors of the community,
the Anti-Discrimination Act 1991 (Qld). Many sex
leading to the exclusion of those who engage in
workers feel as if they cannot be honest with those
-021
around them on account of their career on the basis of being discriminated against due to the stigma of the career choice. Having a legal avenue to combat such unfair judgement would go a long way to removing the stigma surrounding sex workers and their work.
Further to this point is the risk posed to workers who offer their services on platforms such as OnlyFans and Fansly to promote their work as pornographic artists or performers. These workers sit at a unique position where they are at risk from malicious actors leaking their content from their professional lives into their personal circles, resulting in likely emotional, reputational and monetary
damage.
While
protections
such
as
copyright law and ‘revenge porn’ criminal offences exist, with the advent of these services, the law should adequately service those who are uniquely at risk on account of the work they do and the material that flows from this work.
For the most part in liberal circles, it is undisputed that sex workers are people as well, a fact many people seem to forget. It is often easy to picture sex workers in the same category as the least desirable members of society but honestly without good cause. Sex workers contribute to society in both functional and figurative ways: they pay their taxes and provide a service many of us utilise. Further, they are deserving of love and respect which often isn’t afforded to them. As society becomes more inclusive of categories of people who have been subjugated for too long, we should afford the same consideration to sex workers which has been denied to them for too long.
THE GAVEL
Setting the Record Straight:
SETTING THE RECORD STRAIGHT: ADDRESSING THE ASSUMPTIONS PEOPLE MAKE ABOUT LAW STUDENTS MORGAN LYNCH
Being a law student means staying up late reading
Wow…studying law…so that means you really
thousands of cases, memorising AGLC referencing
must be a good liar aren’t you, and that’s why you
requirements, and spending an abnormal amount
want to be a lawyer?
of time thinking about snails and ginger beer bottles. It also means fielding a constant barrage
Ha! Unfortunately, I’m a HORRENDOUS liar! I’m
of well-meaning (and sometimes not so well-
not sure whether it comes from an overactive
meaning)
family
conscience, a general lack of acting ability or (most
perplexed by your decision to pursue a career in the
likely) a combination of both. It’s one of the many
legal profession.
reasons pursuing a career as a poker player or a spy
questions
from
friends
and
was never really an option for me. Plus, ethically, So, as a favour to our friends who live outside the
lawyers are not allowed to lie, so it’s a slight fallacy
law library, I thought I’d take a moment to respond
anyway
to some common questions and assumptions about studying law I found online, courtesy of Survive Law and The Guardian.
-023
THE GAVEL
Setting the Record Straight:
It’s all about the money, isn’t it?
Owning that
beach house and holidaying in France?
We knew it was only a matter of time until a well-intended Americanism would pop up, didn’t we?
In Australia, lawyers are called “solicitors”
I don’t know what rock you’ve been living under
or “barristers”, not “attorneys”.
I’m kind of
for the past two years, but nobody in Australia will
disappointed about that, though. Is it just me, or
be holidaying in France in the foreseeable future.
does the word “attorney” sound way cooler? Then
With the pandemic putting everyone’s travel plans
again, that may just be because it makes me think
on hold, this is a little bit of a hard one to realise.
of Alicia Florrick, Diane Lockhart and the rest of
And as for owning a beach house, I’m more worried
the attorneys on The Good Wife. (As a side note,
about whether I’m going to be able to afford to
you need to update your TV viewing.
move out of my parents’ house before I’m crushed
Wife is far superior to Law and Order. Don’t argue
to death under the weight of my huge HECS debt.
with me on that. It’s a fact.)
You people are always praying for people to enter
Do you want to be a judge?
The Good
trouble. That’s the only way you can make money. What a ridiculous question!
Not everyone who
That’s like saying a doctor is always praying for
studies law wants to be a judge.
How dare you
people to get sick. I don’t want my future clients
assume that about me? (Obviously, the answer is
to have legal problems, but I do want to be able to
yes, though.)
help them solve any problems they do have. Is studying law boring? Person who I had just told that I’m not a lawyer: So I need some advice on an immigration issue
Honestly, it can be sometimes. There are definitely
involving my sister who is trying to obtain PR in
moments where I find my attention drifting,
Australia.
particularly when it’s midnight and I think I’m almost done reading a unanimous High Court
Okay, slow down. Not only am I not yet qualified to
judgement only to discover that Justice Kirby
give anyone legal advice, but the law firm I work at
actually decided to write a lengthy dissent. (C’mon,
as a paralegal specialises in commercial law. That
Kirby. I’m sure you make some really good points,
means I know absolutely nothing about immigration
but I’m sooooooo tired. Can’t you please just agree
issues.
with the rest of the Court and let me sleep?)
And no, I can’t defend your brother who
was arrested for drug possession or represent your cousin at her child custody hearing, either. Please
But most of the time, studying law is fascinating. I
go ask an actual lawyer with specialised experience
love learning how legal precedents have developed
and knowledge for help.
over time and been applied to solve highly complex problems. The thought that, in a few years, I’ll be
Friend who has been watching too much Law and
one of the lawyers working to interpret and apply
Order: Hello Attorney
the law is incredibly exciting. I can’t wait!
-025
Life holds endless opportunities for those who dare to grow. ADVERTISEMENT
Will you dare to grow with us?
careers.kwm.com/en/graduates-australia THE GAVEL
THE LAW, WORKER EXPLOITATION AND WHAT IS TO BE DONE OSCAR DAVISON
-027
There are few careers looked upon with as much
up due to television programs like Suits. This
prestige as the career of a lawyer. Whether you
perception is rarely true, especially for junior
work as a solicitor or a barrister, the ‘I am a
solicitors. Lawyers are expensive; however, like
lawyer’
most industries, most of the money is not in
badge
carries
significant
weight
and
has for centuries. This regard is understandable.
workers’
hands.
While
clients
pay
enormous
Lawyers often see themselves as the ones truly
amounts for legal representation and advice, a
making a difference in the world, the ones fighting
fraction of this money is paid to the person doing
the good fight, helping those in need, no matter
a lot of the work. Junior solicitors and paralegals
what it takes. As lawyers, we are, of course, greatly
often complete complex legal work and menial
rewarded for these efforts. Unfortunately, however,
administrative work. In contrast, the partners and
the badge of honour is shrinking. Creeping out
senior solicitors who delegate the work reap many
behind this badge is the harsh reality of the legal
of the rewards that align most with the perception
world: worker exploitation.
created by popular media.
It is not uncommon to hear stories from solicitors
There is also an attitude amongst the profession
about how they sometimes work 80 hours a week
that this exploitation is a right of passage. If junior
for months on one case or, more commonly, that
lawyers put in their 80-hour work weeks and show
they work without breaks to meet deadlines. Law
some dedication to the firm, masquerading as
differs from many other industries in that these
family, they will eventually be promoted to the role
remarks are not met with shock but adoration.
of oppressor and delegate work to their own junior
The reactions to these stories is just as dismaying
solicitors while reaping the rewards themselves.
as the original story itself. Many are immensely
The dream of stepping into the role of oppressor and
impressed by the lawyer’s dedication to their work.
making money is often not actualised. However,
Others justify such practices with the squillions
many junior lawyers burn out and leave the legal
of dollars that lawyers make. Another lawyer will
profession before they get the opportunity to place
‘one-up’ the first with a horrific story of their
15 hours of work on a junior’s desk, and demanding
own. However, these comments are not ones to be
it is finished by close of business. This is not a cycle
impressed with; they are some of the many ways
that can, or should, continue.
legal workers are exploited in their working life. There is a perception that all lawyers are cashed
So that’s the problem, but what is the solution?
THE GAVEL
THE LAW, WORKER EXPLOITATION AND WHAT IS TO BE DONE
A legal industry union, according to professionals
likely to become burnt out and leave the industry
in New Zealand. A group of young lawyers across
before that happens. Many of us enrolled at law
the Tasman have recently taken a stand against
school because we want to make the world a better
the workplace exploitations that are commonplace
place. But it is hard to see how we shall change
in the legal industry. The group established the
the world, and harder to see how we can be trusted
Aotearoa Legal Workers Union (‘ALWU’) after
to change the world, whilst our own house is a
a sexual harassment scandal at a top law firm
mess. The way the legal industry treats its most
rocked the New Zealand legal industry. Female
valuable asset, its people, needs to change. While
clerks at the firm were harassed by male partners
I believe that change will come, it is not coming
so severely that an internal investigation was
fast enough. The ultimate success would be to not
launched.
While the sexual harassment scandal
have a legal workers’ union at all; however, it may
was the catalyst for ALWU to begin, it was simply
be the only way to stop the cycle of exploitation in
the straw that broke the camel’s back. As stated by
this industry.
ALWU president Hayley Coles, ‘There’s generally an awareness growing worldwide in the legal sector around bullying, harassment and conditions of junior lawyers and lawyers in general.’ The exploitation and harassment suffered by junior solicitors and other legal workers are a known unknown. Fortunately, those outside the industry are becoming more aware. ALWU has started to combat some of the injustice’s legal workers face, demanding fair compensation for work. They note that “work can come in on an urgent basis, and therefore junior lawyers have to stay behind and carry it out, there are, nevertheless, solutions to having people stay behind into the night.”
A union should not be a necessary step to prevent exploitation. Workers just shouldn’t be exploited, but they are. As such, Australia too needs a legal workers’ union. When I hear my friends talk about staying until 11:30 pm on a Friday to finish some work they were given at 4:45 pm, I don’t look at them with adoration. I look at them with horror. The abhorrent way they are being treated, justified with the lie of ‘it’ll all be worth it when I make partner in a decade and can inflict this suffering on my own juniors.’ Realistically, they are more
SOURCES ELEANOR AINGE ROY, ‘NEW ZEALAND LEGAL PROFESSION SHOCKED BY SEXUAL HARASSMENT SCANDAL’ (WEBPAGE, 16 FEBRUARY 2018) THE GUARDIAN <HTTPS://WWW. THEGUARDIAN.COM/WORLD/2018/FEB/16/ NEW-ZEALAND-LEGAL-PROFESSION-RUSSELL-MCVEAGH-SEXUAL-HARASSMENT-SCANDAL>
360° THINKING What's your angle? We're looking for those who see things differently. The kind of people who bring new ideas and create innovative opportunities for our clients. Share your unique perspective by applying to careers.herbertsmithfreehills.com/au/grads www.herbertsmithfreehills.com
Setting the Record Straight:
-031
THE GAVEL
ST AUGIE’S SNITCH
ST AUGIE’S SNITCH CIARAN GREIG
“Two’s company, but three’s a crowd.” - Unknown
On Fridays, Hillary bleached the children’s art smocks. There were sixty of them in total, and she drowned them in a huge vat of warm water and sodium hypochlorite solution on the grass behind her classroom. It was probably a little much, she knew, but she liked the smocks to gleam. And nothing made her happier than walking in on a Monday morning to rows and rows of spotless white smocks dried stiff as Cruskits. That sight was better than being on drugs. Not that Hillary would know.
You see, Hillary took pride in not being a
typical primary school art teacher. If you stepped into her classroom, you wouldn’t find beaded bracelets on her wrists or paint-stained Bunnings fold-out tables, or even a hint of rainbow adorning her walls. You wouldn’t even find a stray sequin languishing on the linoleum. When she first started working at St Augustine’s Primary, she had her father help her install Perspex shelving units to tower high over the back wall of her classroom, filled with all manner of materials and organised according to frequency of use. Her favourite one of these Perspex containers was the one labelled in neat black letters, “CLEANING SUPPLIES”. Turpentine and methylated spirits smelt
like home. There was nothing that calmed Hillary more than knowing she could dissolve stains on anything just with the right combination of chemicals.
They were coming towards the sticky end of
the school year when it happened. Those weeks when November seems to stretch on forever and temperatures soar. Those weeks when the kids turn into messy, unfocused puddles in the classroom and spend most of their lunchtimes seeking the shade of the blooming jacarandas. Hillary trudged across the quadrangle at precisely 7.04 am and delicately dabbed at her upper lip with a tissue from her pocket. As she dug through her handbag for the keys to her classroom, her eyes caught a strange sight through the window. Paint. Spilt on the floor. Whole bottles of it. Splashed everywhere. A window at the back of the classroom had been smashed open by the assailant.
It was clear to Hillary, once she was inside
the classroom, that someone had been looking for
something. Hillary huffed. She had been teaching
help with their technique. They had loaded up the
for fifteen years and never – not once – had
paintbrushes with too much paint. Big globs of it
someone treated her classroom with such indignity.
had dribbled down to the ground below.
Wouldn’t it have been so much more civilised, so
much easier, to simply ask for whatever they were
Hillary asked.
looking for?
As she walked outside and rounded the
I think. Lorna said she found out one of the other
corner of her classroom, Hillary could see that they
mums was using a stolen recipe and well –” he
had found what they were looking for. Bright pink
trailed off. “Anyway. I’ll get the groundskeeper
paint, by the looks of it. Wet, sloppy stripes spelled
onto this. Do you need any help with that classroom
out the words: WATCH YOUR MOUTH, LORNA
of yours?”
REICHL.
“What do you think they’re on about?”
“Something about the bakesale yesterday,
Hillary shook her head, distracted. She
What a strange sight, Hillary thought. She
was considering which of her products she would
had seen nastiness on the playground worse, if
select from her cleaning cupboard for this job.
she was honest, but the peppiness of the magenta
There was no time to wait for the groundskeeper.
letters and the threat they spelled out was bizarre.
She needed to act quickly, before the paint fully
Hillary had taught Lorna’s sons through all their
dried, and before the students started arriving. She
years at St Augustine’s. They were perfectly
got to work.
pleasant little boys and Lorna had seemed so too.
She saw a bald head rounding a corner
***
nearby. “Norry!” she yelled.
The principal of St Augustine’s, Norris
That night, Hillary soaked in her usual 9 pm
Patchett, appeared a second later, shaking his head
bath while she scrolled through comments on
at the impromptu mural scrawled across the wall.
the school’s unofficial Facebook group about the
incident.
“I know. I’ve already had a call from
Lorna,” he said, rolling his eyes.
“Already?
How
did
she
find
out
so
quickly?”
Norry
I just feel so sorry for the poor woman at the
centre of it. No-one deserves that. nodded
towards
the
canteen.
“Tuckshop duty. Went home in tears.”
“Ah.” Hillary stepped towards the paint.
take over your tuckshop convenor duties for the rest of
Whomever was behind it could really use some
the term. xxx (Hillary smirked at that one. Of course,
THE GAVEL
Lorna Reichl let me know if you want me to
ST AUGIE’S SNITCH
the other parents were already descending on Lorna
Snitch. By then, the account had started posting
to ‘relieve’ her of her coveted power as tuckshop
regular updates: that one of the mums always
convenor.)
ordered her friends full-cream coffees even when they requested skim milk, that another person’s
do
wife had recently disastrously tried to bring a third
something like this over a chocolate crackle recipe what
person into their marriage, that someone else was
the actual fuckkkkkkkkkk
accusing their former friend of stealing expensive
OMG
can’t
believe
someone
would
Christmas decorations while house-sitting last
The comments were coming in thick and
Christmas. Hillary wasn’t usually one for gossip,
fast. Hillary wasn’t surprised, really. There hadn’t
but she couldn’t help turning her ear whenever she
been drama like this since the 2019 end-of-year
heard someone discussing the unfolding events
Mass when Bobby Finkle farted – loudly – while
nearby. It just didn’t make sense. Even if all the
alter-serving.
gossip was true, how did St Augie’s Snitch know it
all?
And then, almost lost in the sea of
performative sadness, something else:
Due to the special circumstances, Nina
Balzamo, president of the P&F Association, had
Glad to see you all enjoyed the display this
been allowed to attend the meeting. She sat next to
morning. Only wish old Norry had left it up a bit longer.
Samantha Woo, a well-liked Year 4 teacher. Hillary
And have you heard? Apparently Lorna wasn’t the only
had often seen Samantha and Nina convening at
one pinching recipes at the bakesale. Marco Newell
school and around Ashgrove on the weekends. She
looking at you.
remembered vaguely that they had both attended St
new
commenter
seemed
to
when
they
were
youngsters
be
themselves. She found a class photo of them once
operating from a burner account. There was no
when she was rifling through a dusty, old supply
profile picture. But they did have a name: St Augie’s
cupboard in desperate search of super-super-glue
Snitch.
to fix a student’s broken model Trojan Horse.
The
Augustine’s
Comments swarmed in, like a hive of
She remembered their fluffy hair-dos and
angry bees shaken from their home. Hillary felt
doughy eleven-year-old faces. There was a boy
a migraine blooming somewhere deep in her
in the background, making bunny ears over their
cranium. She turned off her phone.
heads. In the photo, Nina was slightly blurred, as if she was just about to turn around and tell him
***
off. Presently, Nina and Samantha were whispering aggressively under their breaths. Norry cleared his
By the time of their usual Tuesday staff meeting, talk
breath, but it did nothing to dispel the low hum
had got around about the vandalism and St Augie’s
bouncing around the room. Hillary waited, still and
-035
patient, as Norry gave it a second go. The room
glasses further up his nose and squinting down
stilled and hushed.
at the papers in front of him. “Ah yes – on that
“Thanks everyone for being here today,
note, Sheryl-Lynne in Admin has advised me this
especially given the rather unsettling events of
morning that she has successfully contacted The
the past couple of days. I’m glad to report that
Facebook to request that the account held under
the vandalism has been cleared but the culprit has
the name ‘St Augie’s Snitch’, is removed from the
not yet confessed to the crime. Nevertheless, I’m
platform.” Norry frowned and looked out into
fairly confident this sort of vandalism is unlikely to
the crowd wistfully. “I expect we will receive a
happen again.”
response from The Facebook very soon, given the
gravity of this situation.”
Nina stuck her skinny little arm pin-
straight in the air and held it there, completely
still, until Norry was forced to acknowledge her.
her eyes in Samantha’s direction. “What a lot of
“Ah, yes, Nina?”
good that’ll do,” she muttered under her breath.
Hillary caught a glimpse of Nina rolling
“Well, Norris, I must say that I do not
understand why this matter is not being investigated
***
by the police. An unknown individual walked onto these grounds and maliciously vandalised school
By Friday, the account had over 5,000 likes and
property. I want to see them held accountable for
was becoming well-known across all of Brisbane.
their actions.”
St Augie’s Snitch seemed to be taking pride in airing
St Augustine’s dirtiest laundry. It was becoming,
Lola Harris, the new Year 2 teacher, had
nodded vigorously along with every word Nina had
frankly, exhausting.
said. Hillary thought she looked ridiculous. Like a
bobble-headed doll. Hillary watched as everyone
zeroed in on one target in particular: Nina Balzamo.
else shifted uncomfortably in their hard plastic
Hillary had never necessarily liked Nina Balzamo.
chairs. She eyed Lola again, with her curly blonde
She was brazen and blunt, and often not afraid to
curls falling down her back and her outfit that
bulldoze others to get her way. But surely this was
seemed to mimic Nina’s exactly. Right down to the
a step too far. The Snitch was posting accusations
bows on their ballet flats. She had watched Lola
of workplace bullying, underpaying her babysitters,
tagging along as Nina headed up school initiatives.
and perhaps less gravely, not allowing her children
She had never seen Nina reciprocate that adoration,
to dress up for Halloween.
now she thought of it.
“And how do we know it won’t happen
a flaring headache. It had only grown worse and
again? Whoever it is has been pretty active on
worse since the St Augie’s rumour mill had gone
Facebook the last couple of days,” Lola piped up.
into overdrive. Nothing was helping: not cleaning,
not baths, not even the overdoses of paracetamol
Norry fumbled with his notes, sliding his
THETHE GAVEL GAVEL
To make matters worse, the Snitch had
On Friday morning, Hillary woke up with
ST AUGIE’S SNITCH
she was ingesting each day. Unable to sleep, she
references to ‘The Facebook’. His reticence to
drove to work early, thinking she might be able to
involve the authorities, or even take any real action
get some prep work done before the day started. As
at all. Even the gossip about other people – all a
she crossed the quadrangle, she could hear voices
ruse so he could embarrass Nina for what she had
echoing from the other side of her classroom.
done to him so long ago.
“Norris. You need to get over this. It’s
“God, I’m sorry, Hillary. I really am. It’s
been thirty-five years. You need to get a god-damn
all such a big mess.”
life.”
“Pink,” Hillary said.
“You hurt me, Nina. It still hurts.”
“What?”
So Nina was there, and Norry too?
“It could have been perfect, Nina. You, me
classical colour for endeavours like this is red,
“I mean, it’s an interesting choice. The
and Sam. Don’t you remember when we were all
don’t you think?”
best friends? And then you two just left me behind.
Don’t you realise how painful that was? Don’t you
the pink. It was dark. And then I didn’t want to
realise how lonely I am? And now we’re all back
risk going back.”
here together and it’s happening all over again. It
just hurts so much Nina. To be excluded. Over and
paint all over the side of the building.
over again.”
“You need to move on, Norris.”
her eye. She had liked Norry. He had been a good
She heard Norry sniffle, and the clicking of
mentor, and he had really cared about the kids.
Nina’s heels as she stalked beyond the boundary of
But now she felt like the whole school had been
the school grounds.
bleached by his corrosive words. She felt the school
Hillary rounded the corner slowly, and saw
grounds stinging, as if his chemical words were
that St Augie’s Snitch had struck again. Painted on
dissolving the beauty in the school instead of the
the same wall was a new message: NINA BALZAMO
stains. “I don’t agree with this, Norry. Not one
IS A TWO-FACED BICH.
bit.”
“You forgot the ‘t’,” Hillary called out.
Norry nodded.
Norry started, surprised to see her there.
“But promise me one thing? Don’t you
“Me?”
Norry shrugged. “I didn’t mean to grab
Hillary looked up at the smears of hot pink
She sighed, and felt a tear trickle out of
dare sacrifice your artistic integrity like that ever Hillary stared him down. Norry rubbed
again. A vibrant crimson would have been so much
his face with his hands. “I…I was feeling a bit
better.”
emotional.”
classroom to prepare for the day.
Suddenly, it all made sense. The fumbling
And with that, Hillary walked back to her
-037
THETHE GAVEL GAVEL
St Augie’s Snitch
MANY THANKS TO OUR GENEROUS SPONSORS sponsors
-039
THE GAVEL ISSUE 2 2021 BY QUTLS THE GAVEL
St Augie’s Snitch
QUT Gardens Point C Block, Level 4, Room 02 (C402) Monday, Wednesday and Thursday 10am-2pm Thursday 5.30pm - 7.30pm, Saturday 10.00am - 12.00pm The QUTLS office is open during the teaching period of each semester.
