Transforming the law/nation
Written by Sally Andersen, Clinical Supervisor and Chief Examiner.
Aidan, Irene and Sally Andersen Student / Student / Law Reform Clinic Supervisor.
“As I reflect on the last three months in the Law Reform Clinic, I am filled with gratitude and pride for what I have learnt about systemic law reform and myself.” - Velika Kenndy
This sentiment, from student Velika Kenndy, sums up one of our primary objectives at the Law Reform Clinic: to enable our students to be involved in policy and law reform processes, helping to create lasting change by addressing legal and social issues through strategic advocacy. The clinic, which is one of the very first Monash Law Clinics, provides a platform for engaging in complex legal research and advocacy, offering our students a unique opportunity to contribute to significant law reforms.
Dedicated to advancing a fair and equitable society by fostering systemic legal change, the clinic collaborates closely with four key organisations: the Australian Law Reform Commission (ALRC), the Victorian Law Reform Commission (VLRC), the Victorian Parliament and the Australia Institute. Our primary objective is to enable our students to be involved in policy and law reform processes, helping to create lasting change by addressing legal and social issues through strategic advocacy. The clinic provides a platform for engaging in complex legal research and advocacy, offering our students a unique opportunity to contribute to significant law reforms.
Our partner organisations all play a pivotal role in Australian law reform.
- The ALRC, an independent Federal Government agency, operates under the Attorney-General’s Department and is responsible for law reform initiatives that aim to enhance the legal system and ensure it remains relevant and effective
- The VLRC is an independent statutory body in Victoria, tasked with reviewing and recommending reforms to Victoria’s laws.
- Victorian Parliament Committees investigate specific issues, scrutinise legislation, and hold inquiries. They play a crucial role in examining government actions, gathering evidence, and making recommendations to improve policy and legislation.
- Finally, the Australia Institute is an independent think tank based in Australia that conducts research and advocacy on various public policy issues, including economics, social justice, the environment, and governance. It aims to promote informed and evidence-based discussion on critical issues affecting Australians and works to influence policy decisions through research publications, reports, and public engagement.
The Law Reform Clinic has been involved in a wide variety of law reform projects since its inception. This year, students have been engaged in working on the ALRC’s three current inquiries into surrogacy laws, the Future Acts Regime (part of the Native Title Act) and human tissue. Surrogacy laws are currently state-based rather than national, and many barriers currently exist, making it difficult for Australians to enter into surrogacy arrangements. Many Australians venture overseas to enter into surrogacy arrangements, leading to parentage and citizenship issues. Our laws are outdated and need urgent reform, not only to protect the human rights of the children born out of surrogacy arrangements, but also the surrogates and intending parents. Our students have been involved in in-depth research and analysis to help inform the ALRC policy recommendations in this inquiry, providing much-needed support to the agency.
“The tasks we were given … enabled me to gain a deeper understanding of how intricate and nuanced their work is. Additionally, being in the same space with students working for different law reform bodies and having them share their own works and experiences allowed me to see the different perspectives and methods each organisation have in regard to law reform.” - Secil Mete
The Clinic also serves as a training ground for the next generation of social justice lawyers. By involving law students in this work, we provide hands-on experience in legal research, advocacy, reform processes and strategic thinking. Students gain valuable insights into the challenges and opportunities in advancing social justice in various settings.
They also acquire valuable professional, communication and legal skills, helping to ensure that they are ready to enter the legal workforce.
The experience gained by our students benefits their individual careers and also contributes to a broader educational impact.
“As I reflect on the last three months in the Law Reform Clinic, I am filled with gratitude and pride for what I have learnt about systemic law reform and myself.” - Velika Kenndy
As these students enter the legal profession, they carry forward the values and skills acquired at the clinic, influencing their peers and contributing to a culture of justice and reform within the legal community.
Whilst our work with the ALRC, VLRC, Victorian Parliament, and the Australia Institute has resulted in tangible legal reforms, we are also fostering and inspiring the next generation of informed, passionate legal professionals, ensuring the continued advocacy for justice and equality in the future.
“You know,” Sam said as he left the meeting. “You’re the only ones that have done something. The others said they would, but they didn’t. They just gave me numbers and sent me to other places. If I win the lottery I’m going to give you money, lots of money, so you can help everyone.” All indications are that Sam will indeed win the lottery and eventually come to know it, even if not exactly the one he had in mind.