Legal processes as campaign tools

There are a number of legal remedies that may be appropriate tools to assist to achieve the aims of a campaign.

Some legal processes are simple and can be carried out with limited assistance from lawyers, whereas other options are more complicated and may require significant legal expertise and financial resources.

The following are some suggestions, and more details about how to proceed are given in more detail elsewhere on this site. See: Complaints against the police

Complaint mechanisms

Lodging a complaint with the the Human Rights and Equal Opportunity Commission is a relatively easy and cheap means of addressing an issue of discrimination.

In June 2004, a formal complaint against the Sydney Morning Herald for its use of the terms 'illegal immigrants' and 'illegal entrants' to describe asylum-seekers was upheld by the Australian Press Council . The complaint was initially against the Sydney Morning Herald , but the Australian Press Council has also agreed to formulate general guidelines for Australian press against the use of these terms for asylum-seekers and refugees.

Mira Wroblewski, a refugee advocate who proceeded with the complaint said: "The term 'illegal' is used by the Government to vilify these people and to justify their treatment. It is one of a number of fear tactics being used to keep this government in power. I believe that the media should use the more accurate and respectful terms 'asylum-seekers' or 'refugees' to describe people who come to seek our help. They are not criminals. This has been supported by the Press Council decision."

Complaint mechanisms exist to cover many government departments, such as the Australian Broadcasting Authority, Australian Competition and Consumer Commission and the police. Private industry has set up similar schemes such as the private utility and Banking Ombudsman offices.

These mechanisms are easy to use and usually free. Although complaints may need to be lodged by individuals, a large number of complaints can force a rethink of common practices and thereby achieve systemic change.

Administrative law remedies in areas such as planning and environmental law, tenancy and social security may also be worth exploring where a government decision is involved.

See Environmental Defenders Office

Freedom of Information

Freedom of Information applications are becoming increasing useful in gathering information about government practices.

See What is freedom of information? A Victorian Government site.

Civil proceedings

Civil legal proceedings against individuals, governments or companies may be appropriate in some circumstances. Consider lodging a complaint in the Magistrates' Court where a relatively simple decision is required quickly.

Law reform

Law reform processes such as public inquiries occur at all levels of government, and provide an opportunity to present arguments and stories about issues of public importance.

The reasons why law changes are many. Often the need for change is expressed and defined by law reform organisations, royal commissions and the many other bodies that play an active role in trying to improve society, such as trade unions and political lobby groups.

The most formal mechanism is through a Law Reform Commission which is given the job of reporting to government about laws that need improving. The Commonwealth government has the Australian Law Reform Commission (ALRC www.alrc.gov.au/ ), based in Sydney. The Victorian government has re-established a state Law Reform Commission ( www.lawreform.vic.gov.au ).

The state and federal Attorneys-General refer problem areas to these Commissions for advice. Both bodies are committed to a consultative approach to law reform, and opportunities are available for the public to put forward views about their work.

However, it would be wrong to think that the only people who can change laws are parliamentarians. Community groups, activists and the business lobby all work for reforms to laws that interest and affect them from time to time. The community legal centre movement is actively involved in law reform, as are groups such as consumer activists, financial counsellors and the welfare community.

At any time, many activist groups in the community are working to change all sorts of laws, ranging from mandatory detention, abortion laws and the reintroduction of the death penalty through to duck shooting, animal welfare, environmental and planning laws and various civil liberty campaigns. The daily newspapers and the current affairs electronic media will give you an instant sample of what laws are under scrutiny at any given time.

Adapted from the Law Handbook 2004 . Published by the Fitzroy Legal Service. Contributors: Mary Anne Noone, Senior Lecturer, School of Law and Legal Studies, La Trobe University and Aboriginal Law, Angus Frith, Barrister.