Passion and purpose: Essential workers meeting fundamental needs and rights

Like many of you, I took some time in January to rest and rejuvenate. It struck me as I was reading the paper during my break and seeing the names of Legal Aid colleagues in articles over the holiday period that a) our staff are not only incredibly talented, but incredibly dedicated and b) Legal Aid is an essential and fundamental service. For those of us with relative privilege and/or whose life trajectory has not brought us into contact with the criminal, family or civil law legal systems, it’s easy to forget or not think about … but for so many in our community, having a Legal Aid lawyer or social worker there for you at court when you are in crisis, even when the majority of the country is on holiday, is absolutely essential. Certainly, during the height of COVID our lawyers who continued to attend court during lockdowns were categorised as just that – essential workers.

One article in the paper on 25 January about a mother charged with the attempted murder of her daughter following a serious car accident in the Blue Mountains really stood out to me. It stood out to me not only because of the distressing circumstances that resulted in serious criminal charges being laid, but because of how the references to our senior lawyer Mark Rosalky were a window into the high calibre of our staff, as well as our values and purpose as an organisation. The second last and last line in this article reads: “The woman’s family members were in court on Thursday, sitting silently and later being comforted by Rosalky outside. Magistrate Feather refused the woman’s bail.” While the outcome of legal matters is incredibly important, equally important is the fact we are there for clients when they need it the most. We show up and advocate for them with respect and compassion – even in the most tragic and distressing of circumstances. Our criminal lawyers play such an important role in the criminal justice system. Their advocacy for defendants means that they have a voice and ensures that there is procedural fairness.

Mark and his advocacy for clients was also reported on in another article recounting events at the Parramatta Local Court on New Years day, when, as the article says, “many Sydneysiders rang in the new year watching fireworks, drinking champagne or relaxing with loved ones”. Notably, Magistrate Mulroney, quoted throughout this article, is a former Legal Aid colleague of ours. Of course, as part of this article highlights, not everyone wants to be represented in court in criminal matters and has a right to decline legal aid representation and defend themselves in court if they wish to. But there is important legal precedent and principles about the right to legal representation, particularly where a defendant is charged with a serious criminal offence.

And this is just the tip of the iceberg. Legal Aid and our staff were referenced countless times over the holiday period in local, state and national newspapers for our ongoing criminal law advocacy in courts all across NSW.

This level of dedication is not at all unusual. Our lawyers routinely go above and beyond for their clients. For example, one of our senior children’s criminal lawyers was representing a young Aboriginal boy at the Parramatta Children’s Bail Court on Christmas eve. He had been granted bail by the Magistrate but could not be released from detention until accommodation (i.e. a home or place to live) had been secured for him (pursuant to section 28 of the Bail Act 2013 for the lawyers among us). His grandmother, who lived in a small country town, told his lawyer that she would be happy to have him stay with her, but she didn’t have any food in the house or money to buy food for him. This lawyer arranged for groceries to be delivered to the grandmother’s home which meant that the young boy could be released from custody and spend Christmas with his grandmother in the community. If this isn’t closing the gap in action on the ground, I don’t know what is. What’s more, this lawyer asked not to be named, which just goes to show how purpose-driven her commitment is to our clients and our work in the community.

On Saturday 23 December there were approximately 12 young people who could be released from detention on bail if appropriate accommodation could be found for them (again, pursuant to s28 of the Bail Act). Our children’s criminal lawyers worked until late in the night attempting to secure accommodation for every child at a time when all agencies were shut and only had skeleton staff working. They managed to get all except one of the young people released from custody so that they would not spend Christmas behind bars. All of our Children’s Court solicitors – the ones in specialised courts in metropolitan Sydney and those in Bourke, Wagga and Coffs, as well as those doing Supreme Court bails deserve accolades for the tireless care and commitment they invest in getting as many children out of custody for Christmas as possible. So many work extra hours over this time supporting their clients, liaising with DCJ/Youth Justice, support services, family and friends to achieve their release before Christmas.

The amazing work of the Children’s Legal Service didn’t stop on Christmas day – during the shutdown period, CLS solicitors appeared in bail applications each day for young people across the state. They serviced the six detention centres as well as 22 police stations each day, from Broken Hill in the west, Griffith in the South and Tweed Heads in the north. The majority of young people we represented were granted bail. A large number of these young people were Aboriginal, particularly those from remote and regional locations. Yet more examples of our solicitors closing the gap in practice all around the State every single day of the year.

One of my holiday highlights was delving into the wisdom of Eleanor Roosevelt – former First Lady of the United States, visionary, humanitarian and relentless social justice advocate. This famous quote of hers speaks to our current time of worldwide and very local challenges, and dare I say it, solutions: “Where, after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighbourhood he lives in; the school or college he attends; the factory, farm of office where he works. Such are the places where every man, woman and child seek equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerned citizen action to uphold them close to home, we shall look in vain for progress in the larger world.”

While so many of us were on holiday, Legal Aid lawyers were representing children and adults in courts in Coonamble, Forster, Kempsey, Walgett and Dareton – to name but a few. Upholding their rights, in small places, close to home.

As we head into 2024, possibly with a number of new year’s resolutions, and for many of us, our personal and organisational purpose (and, yes, even KPIs) front of mind, I share another one of Eleanor Roosevelt’s quotes as food for thought: “Success must include two things: the development of an individual to his [sic] utmost potentiality and a contribution of some kind to one’s world.”

As always, I’m very proud of the contribution that everyone at Legal Aid makes to the NSW community and beyond.