The Obiter Issue 12 by The Obiter Magazine

issue twelve why copyright amendments won't work | the Q&A Saga | alsa shenanigans | exploiting travis for fun

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trimester TWO 2015

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NT Darwin

Placement MLP Masters

ANU

QLD

ANU

MLP

Program

Mentoring Practitioner Legal Practice Well being Flexible MentoringOnline deliveryEthical Legal Practice Masters Townsville Graduate Online delivery ANU Placement Mentoring Practitioner International Online delivery GDLP MLP Flexible

MLP

Well being

ANU Brisbane

Professional Online delivery Placement

MLP Legal Workshop Mentoring

Online delivery

MLP

Legal Practice

ANU Gold Coast Legal Practice InternationalANU InternationalArmidale MLP National Mentoring Professional Masters NationalSydney MLP ANU Flexible Online delivery GDLP PlacementWollongong Practitioner

Flexible

Well being National

Ethical

Perth Graduate WA

Adelaide Legal PracticeNSW SA MastersCanberra International National

Melbourne

VIC ANU

Hobart TAS

ANU Legal Workshop Professional Legal Training Be part of something bigger

What, When and How

ANU Legal Workshop at The Australian National University (ANU) is the largest and oldest university-based professional legal training program.

Practical Legal Training (PLT) by way of a Master of Legal Practice (MLP) featuring the Graduate Diploma in Legal Practice (GDLP) from one of Australia’s leading law schools, with direct admission to practice in NSW, VIC, QLD, ACT, WA, TAS and NT and reciprocal admission in SA.

In 2015, we are excited to introduce our new Master of Legal Practice (MLP) featuring the Graduate Diploma in Legal Practice (GDLP).

The program at a glance We start with our BAP course, then how you put your PLT jigsaw together is up to you as long as you have the following pieces of the puzzle: 1.

The PPC (compulsory subjects); and

The Electives (choose between two to five, depending on the number of work placement days you choose); and

Work experience placement.

We accept 20, 40, 60 or 80 day placements because we know you have other commitments and need flexibility to juggle your course work and work experience. We provide financial assistance to students who take up a placement in one of Australia’s community legal centres through our Regional, Rural and Remote (RRR) Placement Program because we believe in assisting students who wish to gain experience in bringing access to justice to Australians most in need.

The ANU edge Once you complete the GDLP component of the MLP course, you are eligible for admission…and here’s the best part, in addition to getting admitted, you can graduate with a GDLP (for those not wanting to study any more); or continue with your course work and graduate with a Masters (for those who miss the good old Law Library days); or if you’re not sure, you have two years to think about it. Whatever option you choose, you will attain a qualification from one of Australia’s leading law schools. CRICOS# 00120C | March 2015

5-day face-to-face intensive Becoming a Practitioner (BAP) course  ANU Legal Workshop PLT is delivered in Adelaide, Armidale, Brisbane, Canberra, Darwin, Gold Coast, Hobart, Melbourne, Perth, Sydney, Townsville and Wollongong. The Professional Practice Core (PPC), an 18-week online course which takes place in an online, simulated, transactional, team work learning environment  January and July start dates The Electives: > online courses  between two and four start dates in 2015 > 5-day face-to-face intensive  various start dates throughout 2015 in various locations all around Australia

The team behind the lawyers of tomorrow Our team of practitioner teachers are the foundation of our program. Drawing on the experience from former judicial officers to partners in law firms to principal legal officers in government departments, we know that it takes a dynamic, passionate and diverse legal community to teach the lawyers of tomorrow.

Your professional journey starts here So why not take the plunge and take the first step of your legal professional journey with us!

Information W law.anu.edu.au/legalworkshop/mlp T 02 6125 4463 E lwsa.law@anu.edu.au facebook.com/ANULegalWorkshop

NT Darwin

QLD

ANU

Placement MLP Masters

ANU

Program

Practitioner

MLP

Mentoring Legal Practice

Well being Flexible MentoringOnline deliveryEthical Legal Practice Masters Townsville Graduate Online delivery ANU Placement Mentoring Practitioner International Online delivery GDLP MLP Flexible

MLP

Well being

ANU

Brisbane Professional Online delivery Placement Legal Practice MLP Legal Workshop ANU Gold Coast Legal Practice InternationalANU Armidale MLP National Mentoring Professional Sydney Flexible MLP ANU Flexible Online delivery PlacementWollongong National Ethical Practitioner Adelaide Legal PracticeNSW Perth Graduate SA MastersCanberra WA International National Melbourne Mentoring

Online delivery

MLP

International

Masters

National

GDLP Well being

VIC ANU

Hobart TAS

ANU Legal Workshop Master of Legal Practice featuring the Graduate Diploma of Legal Practice The ANU Legal Workshop is Australia’s largest university-based legal practice program provider. The Master of Legal Practice (MLP) is our exciting new program that features the Graduate Diploma of Legal Practice (GDLP). Providing you with more choice, the Master of Legal Practice gives you the option of completing only the Admission to Practice courses (GDLP component) of the program – and gaining admission to legal practice – or continuing your study to graduate with an MLP. We also offer: > flexible online delivery > your choice of 20, 40, 60 or 80 day legal placement > direct or reciprocal admission to legal practice nationally > staff who are practising lawyers and skilled legal practice teachers. Whatever choice you make, you’ll get the benefits of flexible online study – allowing you to balance study with work or personal commitments – and a qualification from one of the world’s leading law schools. Information W law.anu.edu.au/legalworkshop/mlp T 02 6125 4463 E lwsa.law@anu.edu.au facebook.com/ANULegalWorkshop

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CRICOS# 00120C | March 2015

contents The Team 05 Editorial 06 Coming Events 07 BILLABLE HOURS with Crase and Schofield 08 FEATURE Screaming In Silence - Fedele Catalano

RATIO Copyright Amendments & Why They Wonâ&#x20AC;&#x2122;t Work - Jordan Moulds 12 Questioning Loyalties - Tom Edwards 16 Your Rights In The Workplace - Travis Shueard 18 When Big Companies Have The Bargaining Power - Hayley Waller 21 WILBUR J I Wish Shia LaBeouf Would Motivate My Life CROSS-EXAMINATION #YesWeDid - Cameron Henderson

OBITER DICTUM Dear Diary... My Week At ALSA - Eugene Lagana 28

acknowledgments & disclaimer The Obiter team would like to acknowledge the support of USALSA, Australian National University, and the UniSA School of Law. layout & design: Wilbur Jordan The views and opinions expressed in this publication are those of the individual authors, and not those of the UniSA School of Law or USALSA Inc. Whilst we have endeavoured to verify the information contained in this magazine, USALSA accepts no responsibility for the accuracy of any of the material. USALSA and the Editors accept no responsibility for any damage, injury, or loss occasioned to any person or entity, whether law student or otherwise, as a result of a person relying, wholly or in part, on any material included, omitted or implied in this publication.

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The

TEAM

team members

editors

Wilbur Jordan Publications Director, USALSA

Meredith Hennessy Editor The end is nigh

Wilbur “I swear this was due next week” Jordan

Travis Shueard Editor

You??? Pls...

Travis keeps refusing to give me something normal to put in his blurb

If you’ve always dreamed of contributing, now’s your chance! email theobiter@usalsa.org

Tom Edwards Writer

Cameron Henderson Writer

Laura Crase & Ashleigh Schofield Billable Hours

Jordan Moulds Sponsorship Director, USALSA

guest contributors From L-R: Euge Lagana, Hayley Waller, Jordan Moulds, Fedele Catalano.

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from the

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aw students state wide are constantly reminded in their studies that there is an ‘over-supply of graduates, and an under-supply of jobs’. We are told this the moment we get in the door to Law School. We are told this throughout our degree. We are told this as we step onto the graduation podium. We are told this as we search for jobs high and low, far and wide. However, there is a light at the end of the tunnel, and it is important to tell yourselves that no matter how desperate for work you may become, that you should value yourselves the way you deserve.

editorial

Adlaw and their $22,000 employment “buy-in” reminds us that people will take advantage of those desperate enough while unemployed. USALSA has looked into the issue and warned away UniSA students, as has the Law Society of SA and other commentators. In issue 12, my article on workplace rights is aimed at revealing to young students that even though they are casual, they have no right to be abused in the workplace, and that they do not have to stand for it if they are. We also have an eye-opening piece on one of our fellow students, Fourth year Ali, as he returned to his hometown in Pakistan recently and recounts the

conflict its inhabitants face there. Eugene Lagana recounts his week of debauchery at ALSA in Sydney, representing UniSA students. Jordan Moulds has delved into the latest Internet anti-piracy laws. What are its implications? Will it work? Is your parasitic relationship with the honest works of filmmakers numbered? Who knows? Jordy Shore knows. Hayley Waller recounts the story of corporate intimidation of a small Adelaide Hills business by perfume giant Chanel, over the similarities between their logos. The Zaky Mallah saga of Q & A and its ensuing discussion of freedom of speech are covered by Tom Edwards. Should Mallah have been allowed on Q&A? It’s an interesting question, and goes to the heart of what we want our society to be. You could say that this issue of The Obiter has a serious tinge to it, and we hope the articles make you think about what you want out of your degree, how lucky you are, and how vital it is that people continue to study law in this rapidly changing world. Travis Shueard, editor. & Meredith and Wilbur.

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coming

events USALSA AGM

Start of Trimester 3

Thursday 13th August 1-3pm, HH4-08

21st September 2015

USALSA & Lipman Karas Quiz Night

Trimester 3 Welcome Back Event

Friday, 14th August 7pm, Hackney Hotel

Week 2 or 3 (Date TBC) Theme: TBC

Trimester 2 Exam Period 24th August - 4th September

facebook.com/theobiter theobitermag.tumblr.com issuu.com/theobiter

magazine

a USALSA publication ÂŠ 2015

facebook.com/usalsainc @usalsa issuu.com/ unisalawstudentsassociation

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billable hours with

crase & schofield jj

“We Care.” Dear BH

Dear BH

BILLABLE HOURS

Every time I try to study in the library, there are always people talking really loudly in groups or huddled around a computer watching inappropriate videos. How do I tell them to be quiet, especially as this is on level 6. Should I just yell at them? Glaring does nothing. Should I tell the library staff?

Is bragging about being a law student a good pick up line? I go to Reds every weekend and thought it might help me with the ladies. - Ladies man

- Just want to study Dear Ladies man,

Dear Study,

We can hear you breathing heavily to the latest PornHub edition. We know you like the free wifi, but c’mon. At least don’t put it on the big study room screens. If you want others to be quiet, simply remove your headphones from the computer and increase the volume. This should have immediate effect. FYI there are silent areas on every level, and study rooms, and you can also wear headphones and not be a potatohead. You’re welcome.

Women who attend the fine Reds establishment are known for their pickiness. Lucky for you, you attend the prestigious Hindley Street Law School. The ladies are attracted to those with a high title, such as UniSA Law Student. Hence many suitors pretend to have this honour. The Ladies have grown sceptical and wary of men, so for success please remember to pack your academic transcript with GPA in your finest fanny pack.

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Dear BH

Somebody told me that the Law Building is haunted. Is this true?

Is it true that we pay more in SSAF fees than any other Uni student? If so, why don’t we get any events for law students from USASA? My friend does a teaching degree and said they get help stations at Exams and everything.

- I want to believe Dear Ghostbusters, Yes, it is true. I know, because it is me. I am the ghost. 100 years ago I was a mere law student, quietly studying when suddenly Professor Plum starting chasing me through the secret passageways with a candlestick in his hand. Professor Plum sat me down, nailed my man parts to the chair, started cutting off my fingers and feeding them to me one at a time. At least I taste delicious. He also dripped candle wax into my eyes. It was strangely arousing, until he left me to rot to death for my poor referencing skills. The question for the court was: Was there consent? (See: R v Brown (1994) 1 AC 212). Now I roam the halls slowing down the internet and constantly pausing lecturer’s YouTube clips *ghost emoji

- Where’s my money going? Dear $$$, Fees are the worst amiright. Sometimes we get ‘access’ to USASA (we sleuth into the Yungondi Building sometime around 3.30pm when the Rep is getting all sleeeeeppyyy, ninja in and steal all the pens, calendars and jelly beans) #handyhint. Yes, we too want more discounted drinks at Law Pubcrawls. Help us protest a fee that is far higher for us for little amenities. Ps. Please feel free to drop any suggestions you have in the USALSA suggestion box outside the USALSA Office. BH

BH Dear BH Why do people worship Justice Kirby? I think Dixon was a far better High Court Judge - Blatantly Honest JJ Shut up Jake Collins, take yo crushes elsewhere ya flirt.

Unsure what a tort is? Want to express a particular opinion about a particular issue that you think people need to know? Just got your knickers in a knot? If you have a question that needs solving or you just got beef, send it to The Obiter mag’s Billable Hours team and have it answered in our next edition! Submissions to theobiter@usalsa.org

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screaming in

silence

words and images: Fedele Catalano, with Ali*

For this edition of ‘The Secret Lives of Law Students’, fourth year Ali* recounts the story of his people, the Hazaras, as told to Fedele Catalano. Jangvi, advocate for Hazara genocide. Evidently, the Hazara’s worship the same God, believe in the same Holy Book and Prophets, but they do not possess the same extreme views and ideologies about the people of other religions as the militant groups do. However, Ali notes that this ‘goes beyond religion… it is a conflict of ideologies’. Why not begin a new life elsewhere then? “Where would we go?” is his sullen response.

Quetta, a city in Pakistan

elcome home. Here are the goods: two high calibre pistols. One for protection, the other just in case the first is used against you. Keep them hidden. Wear a hoodie so they can’t recognise you. If they’re looking for Hazaras, evacuate. If they approach you, ‘shoot first and ask questions later’.

feature

This was the reality faced by my friend, Ali*, as he returned to his Pakistan homeland (‘Quetta’) to reunite with his family. The following are some insights of his people’s story. The same day we conducted this interview, we received further reports of Hazara people being murdered. Much like ‘Christianity’, the word ‘Muslim’ acts as an umbrella term. The ‘Shia’ belief counts the Hazara people as one of its followers. In contrast, the ‘Sunni’ belief possesses a range of religious groups, the most extremist of which, the Taliban and Lashkar-e-

Indeed, whether it be in Afghanistan, Pakistan, Iran, Iraq or Syria, Hazaras are perceived as enemy spies; misunderstood due to their practices; subject to jealousy due to their assumed wealth; or allegedly to blame for the various conflicts that resulted in the deaths of Taliban forces. Combine this with a Hazara’s distinctive features and they make easy targets of hatred. “Here is a map of Quetta. Here, there and there [the majority of Quetta] is where I’ll get killed for walking… everywhere” says Ali matter-of-factly. “Only the road to the airport is safe. They will let us leave but not stay. On a number of occasions, buses and other transports have been seized containing Hazaras, who are taken off and shot [e.g. on their way to university or other daily life travels]”. This has caused the Hazara’s isolation

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Evidently, this is the rule of law that Augusto Zimmerman1 admonished, a society whereby ‘social status [takes precedence over] legal protection’.2

Hazara’s involved in a mass ‘sit-in’ protest. The white sheets are covering numerous coffins.

in the towns and thousands of students have ceased to continue with their educations. Injured Hazaras, if found in hospital are ‘finished off’. “Ordinary Pakistani’s who intervene are killed. That is why the media keeps quiet” he says. Essentially, the Hazaras are reduced to looking for the most comfortable spot in hell. The laws response to this is appalling at best. “The government does nothing. They don’t care. There are no Hazaras in key government positions. People are too scared”. As for the judiciary, “to this day not one person has ever been successfully prosecuted against.”

Internationally, diplomats gather to voice their concerns. Hands are shaken. Smiles are given for the flashing camera. However, the blood on the lens still remains. How then do the Hazara’s fight back? “By having peaceful sit-in protests. They are endless. The coffins are put on open display”. This communal act is used as a sign of solidarity to show the world what governmental inaction has caused. The only weapon the Hazara’s are willing to use is hope. Australia’s immigration response to this, from all political sides of government, has been abysmal. Ali notes how fortunate he is to be able to complete his studies here. Indeed, it is a testament to the man himself that he remains one of the cheeriest individuals on campus, hoping to utilise the law to one day assist his people. Ali’s story provides a potent reminder to be grateful for what we already have, in a world which tells us to keep asking for more. *last name omitted at the request of the Author.

Ordinary Pakistani’s who intervene are killed. That is why the media keeps quiet.

Lead an interesting life outside of law school? Know somebody who does? The Obiter mag wants to tell your story! Contact us at theobiter@usalsa.org and you could be featured in the next edition of The Secret Lives of Law Students.

1 Augusto Zimmermann, ‘The Rule of Law as a Culture of Legality: Legal and Extra-legal Elements for the Realisation of the Rule of Law in Society’ Zimmerman article (2007) 14 Murdoch University Journal of Law 28-31 2 Ibid.

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and why they

won’t work words: Jordan Moulds

X marks the spot as Jordan Moulds plunders the recent enactment of the Copyright Amendment (Online Infringements) Act 2015 (Cth). What are the Amendments? The copyright amendment, rather than targeting individuals who download the copyrighted material, empowers intellectual property holders (such as Hollywood movie companies), to apply for an order from the Federal Court of Australia compelling Internet Service Providers to block its customers’ access to the copyrighted material-hosting website.

Jordan Moulds understands the Pirate life

ratio

or those of you who, like me, have been living in a blissful state of denial that the glorious free ride of internet piracy would never come to an end, the enactment of the Copyright Amendment (Online Infringements) Act 2015 (Cth) will no doubt have come as an Earthshattering reality check. If, however, you were too busy intently watching the percentage of your Game of Thrones download edge closer to 100 to watch the News, allow me to explain just what the legislation intends to do, and why it is so hopelessly useless at fulfilling those intentions.

To be successful in obtaining such an order, the rights-holder must prove that the website’s primary purpose is the infringement of copyright, leaving torrent-hosting sites like The Pirate Bay and Kickass Torrents unequivocally vulnerable to an order, while protecting sites like YouTube whose occasional hosting of copyrighted material is merely incidental to the website’s ultimate objectives. However, without United States-esque ‘Fair Use’ copyright provisions in Australia, it is conceivable that websites which host copyrighted material but fall within the spectrum of grey between YouTube and The Pirate Bay, will be subject to draconian restriction. Will the Amendments work? This is not the first time that a government

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of technophobic luddites have attempted to impose such a restriction without foreseeing the potential pitfalls. It was only three years ago that Senator Stephen Conroy sought to impose a mandatory internet filter that allowed any content that was ‘objectionable’ to be censored. After seeing how susceptible this was to abuse, it was eventually scratched. Censoring websites is difficult. The site must be blocked by either its domain name, which can be avoided by the website hosts merely changing the domain name, or by blocking the Internet Protocol (IP) address, which can capture an array of sites which may share the same IP address. This was exemplified in 2013, when the Australian Securities and Investments Commission inadvertently censored 250,000 websites in an attempt to block only a handful of sites. If the reminders from our past are not sufficient to make you question the effectiveness of the Amendments, allow me to demonstrate just why the Amendments will do nothing to curb piracy. VPN Virtual Private Networks (VPNs) extend otherwise private networks over public

This is not the first time a government of technophobic luddites have attempted to impose such a restriction...

networks, such as the Internet. It allows users to surf the web with absolute anonymity and to evade geo-restricted content on overseas websites, like Netflix. If an ISP is ordered to block its customers’ access to a copyright infringing site, those customers would, theoretically, be able to use a VPN to bypass the censoring and gain access to the blocked website. Clearly, readily available and cheap VPNs which allow users to bypass censorship with ease create an avenue by which the objects of the legislation can be frequently defeated. Despite Greens Senator Scott Ludlam suggesting that VPNs be expressly excluded from the operation of the legislation so as to protect their legitimate use, no such provision was included in the final draft of the legislation. The bill’s explanatory memorandum, however, asserts that VPNs will not be the target of the law. It is difficult to imagine that VPNs, which have such a diverse range of legitimate uses, would be capable of being censored as being primarily for the purpose of infringing copyright. It advertises Pirate Sites A phenomenon known as the ‘Streisand Effect’ explains that when laws like these come into existence and attempt to censor websites, it creates a hype around those sites. People who would not ordinarily visit the sites become interested and buy into the hype. Therefore laws which intend to block access to sites, essentially act as free advertisement for them.

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This was demonstrated during the blockades of the United Kingdom, which saw Pirate Bay traffic double despite ISPs being ordered to block customers’ access to the site. It encourages bad behaviour from rightsholders L a s t l y, a n d m o s t c r i t i c a l l y, t h e amendments encourage unscrupulous behaviour from copyright holders and does nothing to combat the source of Australia’s love affair with piracy. Solving the issue with privacy in Australia is like having a carrot and stick for consumers. The stick is the site-blocking legislation, while the carrot is the releasing of content on as many platforms as possible at a reasonable price for consumers. The introduction of legislation to enable the copyright holders to wave around the ‘stick’ freely, will reduce the impetus for them to provide us, the consumers, with a carrot.

they want. Why would anyone want to pay $10 for what is a pretty average movie that they will watch maybe once before palming it off to their friends just to get it out of their house, when they can hop online, download it in under an hour and lose nothing when they realise just how dreadful it is? Sure, the availability of online streaming services (Netflix, Presto and Stan) has unlocked the first of many doors in Australia’s battle toward getting reasonably priced content at the same time as the US, but we still have a very long way to go. No matter how many restrictions are enacted by Parliament in their infinite wisdom to try to stop people from pirating, as long as there is such a massive disparity between what is reasonable for consumers to pay for digital media and the price at which the producers are willing to sell it, the legislation will be useless in curbing piracy.

The source of Australia’s penchant for piracy is not merely an unrelenting desire to break the law, but the manifestation of an ongoing struggle for Australians to source reasonably priced content released in even the same year as the United States. For instance, I recently saw the movie ‘Jobs’ portraying the life of Steve Jobs in a $10 basket at Kmart. This is a movie that received a whopping 27% rating on Rotten Tomatoes. Now, none of this is the fault of Ashton Kutcher, but it demonstrates just how unwilling rights holders are to let go of the outdated notion that they can charge whatever

Game of Thrones is currently the most pirated TV show in Australia source: abc.net.au

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Introducing

USALSA 15/16 Your new student representatives

President Sunny Luthra

Director - Activities Matt Hafer

Vice President (Treasurer) Wilbur Jordan

Director – Careers Alex Svenson

Secretary Laura Crase

Events Officer – Comps & Activities Ashiq Farzan

Director – Sponsorship Laura Curran

Education & Social Justice Officer Chelsea Marks

Director - Publications & IT Georgie McRae

Careers Officer Sonia Griesbach

Director - Competitions Franciska Sita

Publications & IT Officer Yet to be filled

We wish the new committee luck for the next 12 months, in particular Georgie, our new Obiter Overlord.

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image: Sydney Morning Herald

questioning

loyalties

words: Tom Edwards

Tom Edwards answers all the questions about the recent Q&A controversy. Isn’t rewarded with his own hosting gig.

ocial commentators and Australian politicians have formed a mutual coalition in directing their frustration at the ABC for allowing a suspected terrorist to publically broadcast their insights live on Q and A. The suspected terrorist, Zaky Mallah, said that he would be happy to see Liberal MP Steve Ciobo leave the country after Mr Ciobo told Mallah that he would rest easy at night if he were deported. The once suspected terrorist then said that the Government had encouraged young Australians to join terrorist organisations. “The Liberals have just justified to many Australian Muslims in the community tonight to leave and go to Syria and join ISIL because of ministers like him,” Mallah said.

While Australia does not have an entrenched freedom of speech within its Constitution, the nation does enjoy an implied freedom of political communication. Adding to this, it has supported numerous international treaties for freedom of speech and condemns countries that openly suppress free political communication. One must question though whether such liberties extend to a person who is convicted of planning an assassination attempt of an ASIO officer. Social commentators have asked whether the Australian Government has the right to vent their frustration with the country’s public broadcaster, even if it strongly disapproves of the content being discussed. As articulated by the late Nelson Mandela, “only can the media temper the appetite of any government to amass power at the

image: the age

ratio

The comments quickly engulfed social media where widespread condemnation against the ABC was mounted. The incident also angered the Australian Government. Prime Minister Tony Abbott lashed out at the ABC, and said that the public broadcaster made a serious misjudgement.

to have a long, hard look at itself,” Prime Minister Abbott said.

“I think many, many millions of Australians would feel betrayed right now, and I think that the ABC does have Former terrorism suspect, and subject of controversy, Zaky Mallah.

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expense of the citizen.” Australia’s media should be free of prejudice, impartial and a balanced insight into our day-to-day lives. Interference from authorities such as the Australian Government can obstruct this process. In spite of this, however much civil libertarians may argue to the contrary, there will always be a necessary function for restrictive measures to limit the ability for radical views to be published in a public forum. On this front, the Australian Government is justified. Although contentious, one might argue that the satirical magazine Charlie Hebdo impelled the two Islamist gunmen to raid the magazine’s headquarters in Paris earlier this year. The magazine had regularly printed insulting depictions of the prophet Muhammad. Another person, whilst looking at the same set of facts, could suggest that a free democratic government provides its citizens with the liberty of questioning and recognising the differences in our society and also in our religions. There is clear a distinction between the two viewpoints. The distinction in the present case is the right of free speech against the tolerance

As articulated by the late Nelson Mandela, “only can the media temper the appetite of any government to amass power at the expense of the citizen

of a convicted terrorist having an opportunity to speak live on air. What’s more is the Australian Government’s continuous dialogue on the issue. Whilst recognising the magnitude of Mallah’s offenses, there would also be an argument that advocates that he now shares the same rights and freedoms that everyday Australians are privileged to. Since his arrest in 2003, the judiciary has appropriately punished Mallah. Perhaps a convicted terrorist should not be subject to a double jeopardy in the public arena - perhaps not. The Age columnist Sam de Brito however raised an interesting opinion following the broadcast of the Q and A episode, where he questioned: “Is Australia’s moral psychology really so fragile it can’t resist the occasional late-night cameo from the fringes of a pluralist society?” As a developed and Western nation we do not share in the same values of terrorist sympathisers. Whilst recognising the importance of freedom of speech, we must be acutely aware of the delicate nature of terrorism and all forms of religious extremism. It is the responsibility of Australia’s media outlets to recognise such views, and to foster an environment where radicals are not rewarded with their 15 minutes of fame. Whatever the lasting affects of the Q and A episode may be, we must work together in harmonising our rich and vibrant multicultural community - an objective that Australia’s media should aim in achieving.

*the views expressed in this publication are solely those of the author.

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your rights in the

workplace

words: Travis Shueard

Travis Shueard, law student and bar manager, serves up workplace rights for Casual employees.

image: mirror.co.uk

useful to everyone else. The first and singularly most important thing for any worker to know is their rights in the workplace. Knowing what those rights are, and how and when to apply them is critical to be able to combat employers seeking to intimidate and pressure employees into things that they are not entitled to do so. “Know your rights, enforce your rights.”

n today’s world, getting a part-time or casual job throughout university is often a necessity. Working during your degree can teach you valuable skills and knowledge vital for success - whether it is something simple like cash handling and customer relations, or something that develops over time such as calmness under pressure, authoritative decision-making, and negotiation skills.

RATIO

Unfortunately for many law students, it is often the case that they have neither the job security nor the life experience to cope with unscrupulous bosses who seek to take advantage of a student’s vulnerability in the workplace. This article is primarily aimed at students who are fresh out of high school and in their first year or so at University; though, hopefully, the points this article will provide will be

Most young students will work in the retail or hospitality industries due to the flexible hours. Many young workers will also realise that many retail or hospitality managers have no issue bending the rules (or outright disregarding them) so they can squeeze the last dollar out of their allocated wages. Learn to research and be aware of what rights you have before you start ANY job. The Fair Work Ombudsman website is free and available to inform you of your rights. Pay rates, awards and agreements, entitlements, etc. are all front and centre on the webpage. If you are interested, consider joining a Union. It is tax deductible, and they offer very affordable rates for young people to join. Critically, they are in your corner if a situation gets out of hand in the workplace. Do not feel intimidated to call them to explain anything you are unsure of, even

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something as simple as ‘Do I have to pay that till shortage?’

the domain of old alcoholic pigs who can say and do what they like are over, and have been for years. If you feel that your manager expects you to endure harassment as part of your job, for fear of being labelled weak, speak to your Union or ring the Fair Work Ombudsman and ask for advice;

Which by the way, you usually don’t.

The first and singularly most important thing for any worker to know is their rights in the workplace.

Here are a few dot points to jot down for the retail and hospitality industries:

•

You (generally) do not have to pay back a till shortage from your shift. It doesn’t matter if there is a laughably illegal clause in your contract saying you have to. If you agree voluntarily to do so, without duress (such as a threat of a reduction in hours), you may do so with a tax receipt provided upon payment;

•

You do not have to work for free for example, an employer has no right to make you work unpaid a quarter of an hour, for free, before the start of your shift to ‘count tills’. If you wish to do this, do it at your own free will, not from intimidation and deceptive behaviour from your manager. If the roster does not allow for effective changing of shifts, that is the business’ fault and not yours;

•

Sexual and racial harassment is not ‘something you have to deal with’. The days of a front bar being

•

You have the right to be involved in a Union, be represented by a Union, be involved in Union activities, etc. Employers cannot unreasonably bar the Union from the workplace, nor can they exert undue influence or intimidation over employees to stop them from joining one;

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After a certain period of time as a casual employee, if you have ‘set shifts’ you are entitled to fight for these in the event that they are unreasonably changed. Contact Fair Work or your Union for more information;

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Example; Cameron has worked at the pub for 12 months, for 15 hours a week, each Wednesday, Thursday and Friday every week, at 5 hours a shift. Following a disagreement with his boss over his favourite football team, Cameron finds his

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“I like it when my employer pays me properly” image: fairwork.gov.au

next roster has decreased to 2 hours a week on a Monday, when his boss fully knows he has his â&#x20AC;&#x2DC;Lad Trainingâ&#x20AC;&#x2122; sessions. Cameron has the right, as a casual, to have his hours restored by his employer, and chooses to contact Fair Work or his Union to help him do this. While casual employees do have fewer rights in the workplace, this does not mean that they have none. For example, a casual employee is entitled to a minimum of 2 hours pay for a shift that they turn up for, even if they are sent home after 30 minutes. It is your duty as a responsible employee to know what these are, for both yourself and your employer. Many employers who violate employment laws are misinformed of their duties towards employees, or unaware that they have violated your rights. Importantly, if you feel that you are being harassed in the workplace by employees or managers, or being made

to perform duties that you know are not within a managerâ&#x20AC;&#x2122;s right to make you do, document it within a diary. Make sure each entry is clear and detailed, with time, date and location. This will only make your case stronger when you start industrial action. As a result, the first port of call is to always attempt to resolve disputes with your manager or supervisor first, before starting industrial action. If you genuinely feel unsure as to how to do this, again, ring the Union or Fair Work for advice. Working a casual job through university is often considered a rite of passage for youth. This does not mean it has to turn into a crucible, and it does not mean that managers have the right to take advantage of you. Learn your rights, enforce your rights, and educate others of their rights. Solidarity in the workplace will help develop better conditions for all employees, whether student or not.

Information for this article was sourced from the Australian Fair Work Ombudsman website, www.fairwork.gov.au. This article does not substitute as legal advice. Probs get a lawyer.

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words: Hayley Waller

when big companies have the

bargaining power image: abc.net.au

They requested the shop remove the ‘No. 5’ as well as placing restrictions on the graphic logo and its use of the numeral 5. Chocolate at No. 5 gets its name from its position along the Hahndorf main street – address number 5. Chanel also wanted the business owner to change the business name if it ever moved from its current premises.

Old vs new signs after Chocolate at No. 5 faces legal action from perfume giant Chanel

otoriously wealthy big companies have plenty of bargaining power when it comes to protecting their brand.

The owner, a former paralegal from South Africa, certainly knew her rights; but also knew that the business couldn’t fund a legal battle.

The issue was brought to my attention after working for a local Adelaide Hills newspaper. I was asked to contact a small, local chocolate shop in the heart of Hahndorf after they were threatened with legal action by perfume giant, Chanel.

She agreed to change her logo to something a little less similar to the Chanel brand and withdrew her trademark but refused to sign any documents Chanel put in front of her.

The quaint little chocolate shop and café, named ‘Chocolate at No. 5’, went to trademark its business name after being wrongfully tagged by an Instagram user in Melbourne.

Chanel made a list of demands, claiming that the logo of the chocolate shop was too similar too their own.

Other countries churn out millions of counterfeit Chanel products, yet the perfume giant chooses to intimidate a small, sole trader business in the Adelaide Hills? Baffling. The story appeared on Today Tonight and locals have been flooding to the café showing their support for the local business. While Chanel No. 5 might look a little silly, their corporate ego and deep pockets appear to have won.

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ratio

The business owner went through all of the appropriate avenues to trademark the name. It wasn’t until there was one week left of the three month consultation period that she received a letter from Chanel threatening to sue.

Chanel has since sent the owner a letter, claiming they will continue to monitor her business for any future breach.

I wish Shia laBeouf would

motivate my life words: Wilbur Jordan

But to be fair, I said the same thing when Masterchef finished.

e’ve all been there.

Up until ungodly hours. Staring at your computer, hoping that if you glare at it long enough, words will eventually start to appear. You’re sure that your blood is at least 90% caffeine now. You check the pantry for the 7th time in an hour; but you already made that last packet of mi goreng and there’s nothing else to cook. You’ve watched every possible music video to every song you once heard growing up, and 2 cat videos for every one of those. There’s nothing more you can do. The end is nigh. It’s time.

wilbur j

Welcome to the assignment written last minute; the exam revision crammed in places you hadn’t previously thought it possible to cram. When you’ve reached rock bottom – the point where there’s no actual point in going to bed because you’ll have to get up soon anyway. When you’ve procrastinated so effectively that you’ve actually run out of ways to procrastinate. Yes that’s a thing and yes I’ve experienced it. It’s the point where I have legitimately asked myself what even is life anymore.

It was while writing my Civil Assignment, due 11pm that night and the majority started at approximately 4pm that afternoon, and trying desperately hard to find something interesting on my Facebook newsfeed – or anything on my Facebook newsfeed - when I came across yet another interpretation of the Shia LaBeouf motivational video. Don’t pretend you don’t know what I’m talking about because you do and you’re better than that. I don’t know if it was delusion from spending the past 3 hours trying to write pleadings or whether my brain just didn’t recognise the definition of a good idea anymore (so… delusion), but I started to consider what it would be like if Shia LaBeouf motivated my life. “Just… DO IT!” The rats’ tail hits you before the words do. Have you always had that thing? Is that why Decepticons keep attacking you? Is that Michael Bays fault to? Just joking. Of course it is. “But Shia,” I reason. “It’s not due for another 4 hours yet. And according to Chelsea I aM tHe KiNg Of PlEaDiNgS bby.”

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“Don’t let your dreams, be dreams.” It’s true. I have often dreamed of what I would look like as a lawyer – a dream I would very much like to make reality. Picture Harvey Spectre looks; Donna Paulsen’s sassy mouth; Mike Ross’ brain. In the middle of a court room, sitting in a fat, leather armchair. Both the judge and the opposition are looking at me. I take a sip of my scotch, matching their glares. Keep sipping. Don’t give away the game too quickly son. I raise an eyebrow. “Your Honour,” the voice of Morgan Freeman comes curling from my lips. “I raise R v Brown.” I get up to the sound of roaring applause from the court. The judge is screaming. Something about ‘this is a claim for motor vehicle damage…’ I’m not sure and I don’t care. Dream me is a winner.

Don’t let your dreams, be dreams.”

Oh god, it’s almost 9 now. How did that even happen? Shia you’re supposed to be helping me damn it. What’s the point of being an internet sensation if I haven’t even started my affidavit?

I dunno man, it’s impossible for me to go out sober with drunk work colleagues and not try to convince somebody I’m 30 and have 2 kids. “You should get to the point where anyone else would quit, and you’re not going to stop there!” Well if everyone else is going to quit… Do I still have to do this? “Yes you can. Just… DO IT!” By gum Shia. You’re right. You and your filthy rats’ tail are right. No more late assignments. Although I really did once believe I had an extra week to do an assignment. That seriously interfered with my plans to spend that week watching Parks & Recreation. No more cat videos or constantly refreshing my Facebook newsfeed even though I know I’m just going to keep seeing the same old thing over and over again. Usually Travis. Usually a sickening comment about enjoying assignments.

“Yesterday, you said tomorrow. SO JUST… DO IT.” Well yeah but yesterday I told Svenson I thought she was pretty cool so really we’re just adding to a list of things that aren’t true (I love you Alexandra). “Nothing is impossible.”

Travis. Please... Stop.

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It was time to get serious. A cheeky grin crept across my face. I will ‘DO IT!’ I spoke these words aloud. Anybody close by might have thought I was going insane. Fortunately this was a Friday night and most people were out actually enjoying life.

But instead of electricity, I was coursing with words and ideas. Words itching to be put to a page. I knew at this point I’d finally made it. It was happening. I was going to get this done.

Also, I’m talking to Shia LaBeouf. There’s a high chance I’m already insane.

This was what kings felt like, surely.

But I didn’t care.

I looked at the clock.

I’d won. I beat it.

10.15.

Procrastination.

I looked at what I’d managed to do.

I felt an odd feeling at that moment. I felt the motivation coursing through me as though I’d stuck a knife in a toaster.

1000 words to go.

Or, you know. Normal people.

Oh.

Sometimes I like to take study breaks by going out and fighting crime. Call it a hobby.

This is how one studies... right?

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PRACTICAL LEGAL TRAINING FAIR PRE-ADMISSION TRAINING ADVICE DIRECT FROM PLT PROVIDERS Are you asking yourself, ‘Should I complete my PLT interstate? What are the differences between providers? What do I need to do?’ Meet with local and interstate PLT providers and chat oneon-one so you can make an informed decision about your pre-admission training.

FRIDAY 23 OCTOBER 2015 ANY TIME BETWEEN 12.00–2.00PM LB1-30, LAW BUILDING CITY WEST CAMPUS

EXHIBITORS

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Australian National University Leo Cussen Centre for Law The College of Law The Law Society of South Australia

#Yes WE

Cam did words: Cameron Henderson

Leader of students, user of hashtags and abuser of puns; Cameron Henderson pens a goodbye to the role of USALSA President.

cross-examination

our participation in the national ALSA Conference; building upon pubcrawls, quiz nights and the Careers Fair; increasing sponsorship revenue and furthering commitment to social justice initiatives.

oodbye USALSA, itâ&#x20AC;&#x2122;s been a blast.

In a similar vein to Barack Obama, it is with great sadness I will not be completing another term as President. Whether it is the wonderful ability to fill the USALSA office with the smell of Vietnamese food on the daily, or the enjoyment had bringing together law students across all year levels for social and career events, completing the remainder of my degree without being a part of USALSA will be something rarer to me than a democratic election in North Korea. In becoming President, I hoped to achieve a number of objectives during my term which would assist USALSA in the expansion and improvement set about by my predecessors. These included improving and expanding the competitions portfolio; increasing

I am proud to say all of these objectives have been achieved more or less, with their success attributed to the tireless work of the fantastic committee I have had the pleasure to lead. We saw record participation in the competitions, with the introduction of the Client Interview Competition into the portfolio. We had the finals for two competitions at two leading corporate law firms, Lipman Karas and Cowell Clarke, who also sponsor the association. The Careers Fair was a focussed and wellattended event and the Careers Guide was a massive success, having almost disappeared off all of the benches around campus. Likewise, The Obiter has seen unrivalled success and fantastic articles grace its pages in the last few trimesters. Attending the Australian Law Students Association Council in February and also the Council at the July Conference provided insight into just how much every Law Student Association around Australia can achieve for its students. The atmosphere of enthusiasm is truly encouraging at the national level, where you can see how much effort student leaders are putting in to better

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the experience for their peers. There is a lot happening at the state level too and into the future I suspect USALSA will play a big part in many of the state and national projects to be undertaken. ALSA has pledged commitment to wellbeing initiatives, and USALSA, along with our state counterparts, stand to learn a lot from engaging in the conversation about wellbeing and mental health, an issue incredibly prevalent amongst law students and lawyers alike. Further collaboration with our friends at Adelaide and Flinders has brought networks together which have potential to achieve great things. Personally, I hope to see the long term re-emergence of the Trivarsity Competitions in the coming years, to compliment the annual dinner which many students from all three law schools enjoy so much. I would also like to see the introduction of wellbeing and other educational events, but sometimes one year is not enough to complete all you set out to do. The potential for statewide collaboration with our colleagues

at other universities should not be underestimated and I am proud to leave USALSA in a position where the ball is indeed rolling on a future with great prospects. On a personal note, I would like to thank the ongoing support of the 2014/2015 USALSA Committee, the Law School staff and management team, the Business School and lastly, each and every student who has got around our social and educational events, our competitions, both ALSA Conferences I have attended, as well as those who have hit me up with a question or issue and contributed to making this law school a better, more inclusive community. Thank you for the opportunity to serve you all, it has truly been a pleasure. Kind regards Cameron Henderson USALSA President 2014/2015

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Dear diary...

my week at alsa

words: Eugene Lagana, images: Laura Crase

Eugene Lagana recently had the opportunity to represent UniSA at the 2015 ALSA conference in Sydney. We asked him to keep a diary for the week. course yum cha dinner (ordering kudos to Hugh Bampton) in Chinatown, it was time to settle in to the hotel rooms.

Days 1 - 7: Shenanigans

dictum

ecently, I had the extreme privilege of being chosen to represent the University of South Australia at the annual ALSA (Australian Law Studentâ&#x20AC;&#x2122;s Association) competitions in Sydney. With a nine-strong delegation, UniSA was represented in all competitions. What follows is a brief recount of the adventures during the week.

That night saw the first event for the week, which was one of the highlights. A cocktail party situated at the ultraimpressive Dolltone House. This was the first time meeting all the other competitors, delegates and council members. It was a great chance to meet new people over a drink, while also keeping an eye on our fellow competitors. With the free drinks flowing it could have well ended up as a big night, but in a rare show of restraint the Uni SA competitors, including myself, we left early. Competitions started the next day.

Day One Day one saw early flights out from Adelaide airport. After a struggle trying to meet luggage requirements, and being subject to bomb-testing (beard profiling?) we were on our way. After an uneventful plane trip and seventy two

Laura, Peta, Charmaine, Some guy, Eugene and his moustache infront of the Sydney Harbour Bridge.

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Day Two Ordinarily, waking up at six in the morning would be taxing. However, on this morning there was a feeling of excitement mixed with trepidation. The competitions were held at Sydney University and the beauty of this establishment cannot be understated. Our arrival up the main drive coincided with the clouds opening up and the sunlight drenching the old sandstone building. What to say about the competitions? Intense would be the word. The competitions are against the best of the best students from Australia, New Zealand and Asia. The competitors are judged by solicitors, barristers and the judiciary. I can honestly say I cannot remember being more fatigued than I was after the first day of competitions.

rounds. It was time to relax and let our hair down, which happened with gusto. The end of the night saw your esteemed president and I arguing the direction back to the hotel, while eating the first of what would be many kebabs for the week.

Day Four Many of our delegates used the fourth day to watch the first round of competition finals. As much I would have loved to go, the reality of ALSA for UniSA students is it happens flush in the middle of the trimester. This meant I was stuck in the hotel room completing assignments. That night saw James, Cameron and I have a quiet dinner watching the cricket at a local establishment before the whole group came together for an evening of wine, cheese and cricket.

That night saw the cohort go out and find a local establishment for a wonderful steak or two (Hugh) and early to bed for the next day of competitions.

Day Three Another early arrival at Sydney U and the final day of preliminary rounds. After a controversial final round negotiation, the prelims had finished. It was a beautiful day to walk back to the hotel. The afternoon saw a much needed catch up in sleep and then preparation for the next event and the announcement of the finalists. The announcements were held at the Beresford Hotel. Unfortunately, it was not UniSAâ&#x20AC;&#x2122;s year, with none of our teams progressing through to the final

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Peta and Hugh.

Day Five This was a free day for everyone, with many taking the time to check out the sights and sounds of Sydney. It was also an opportune time to do some op-shopping for the Wild West Harbour Cruise that night. Franciska, Charmaine, Peta and Laura.

The competitions provided a steep learning curve and we are all the wiser for competing So with a dodgy-as looking group (editor’s note #1: and that was just your moustache alone) we set out on a crisp night around the harbour. Think Big Night Out bus, but on water. It was a great way to see the lights of Sydney and get close to the various attractions. By this time firm friends were being made and for some of the other universities, new relationships formed. This time the walk home, featuring yet another kebab stop, was with the pleasurable company of Mr James ‘Danger 5’ Black.

Day Six Saw the finals of the competitions and some free time to see Sydney. I took advantage of this and took the Manly ferry across the Harbour and soaked up some sights. That night saw the main event for the

week; being the Gala Dinner. The stress was off. There were no competitions and no more council, just a chance for everyone to relax and enjoy themselves. The night originally got off to a bad start with Jetstar cancelling our flights (thank God for insurance). But with that little hiccup behind us, it was a memorable night filled with banter, dancing, and a great rendition of “You’re The Voice”. With the last Sydney kebab behind us it was a short walk to the hotel and a well-earned sleep.

Day Seven The final morning involved packing, brekkie and flights out. After another bout of racial (editor’s note #2: are beards a race?) profiling with the bomb testers it was time to go home. Overall, I cannot be more grateful for having the opportunity to represent Uni SA. All the members of our party represented the university with aplomb; you should be extremely proud of them. The competitions provided a steep learning curve and we all are the wiser

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for competing. It is our hope that we can give the next group of competitors some sage advice next year; there is definitely a system in the way a competitor goes about competing. Special mention must go to Cameron Henderson, who not only sat through full days on council but did so with high energy and verve, a worthy representative of our Uni.

The UniSA delegates for 2015

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is the only

student magazine for law students at UniSA.

While staffed by a core group of creative students, we can’t do it all...

that’s why we need your help. to ensure it really is a magazine for all law students. If you have ideas for columns, or want to submit a story yourself, we want to hear from you... We want your contributions to this magazine

know of an issue that needs addressing,

drop us an email at theobiter@usalsa.org

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