User:Wnt/Public Interest Advocacy Centre

Since its inception in 1982, the not-for-profit Public Interest Advocacy Centre (PIAC) has used litigation and advocacy as a means of achieving systemic change in Australia on public interest issues. PIAC relies on the principles of public interest litigation to identify and pursue legal claims that will determine or clarify important rights or public interest issues. These issues include disability access, homelessness, Indigenous justice, unlawful detention, discrimination, and freedom of information. The adverse effects of an inter-uterine device known as the Dalkon Shield Dalkon Shield was PIAC's first significant public interest issue. In 1986, PIAC assisted 1,700 applicants with their liability claims against the US corporation responsible for the Dalkon Shield. This was the single largest number of claims made against Dalkon Shield by women outside the USA. Worldwide, over 300,000 women filed claims against Dalkon Shield. The defendant corporation eventually filed for bankruptcy and US$2.3 billion was paid as compensation to affected women.

Discrimination

PIAC has run a series of test case claims under the Disability Standards for Accessible Public Transport 2002 (Cth). These cases have focussed on accessible taxis and buses for people with disability. In 2010-11, the Federal Court agreed to a cost cap in Haraksin v Murrays Australia Ltd, a disability discrimination matter against the coach company, Murrays Australia Limited. The Federal Court ordered that the maximum costs that either side could recover were $25,000. The order enabled the applicant, Julie Haraksin, to pursue her disability claim against Murrays Australia knowing that her financial exposure was capped. In 2007, PIAC launched a court action challenging the Australian airline known as Virgin Blue, alleging that its 'Independent Travel Criteria' discriminated against people with disability because the criteria required people with disability to travel with a carer. The airline subsequently announced changes to its 'Independent Travel Criteria' , making the criteria less restrictive. Discrimination on the grounds of race, gender and sexuality have also been subject to PIAC legal challenges.

Class action

PIAC’s first class action was the HomeFund case. HomeFund was a NSW Government sponsored home loans scheme which made home loans to 57,000 low-income borrowers between 1986 and 1993. The loans had unusual features, including fixed interest rates of 12% to 15.8% for 25 to 30 years, and low initial repayments that resulted in the loan balance ballooning out for the first 10 years. When the economy slowed and inflation and commercial interest rates fell, HomeFund borrowers were stuck with high fixed-interest loans with annually increasing repayments and ballooning debt often exceeding the value of their homes. From 1994, PIAC acted in two representative actions for the borrowers. The State together with each of the private joint venturers involved in the implementation of HomeFund were named as defendants. Litigation was commenced in the Federal Court seeking to rely on the Trade Practices Act 1972 (Cth). The matter went to the High Court but was eventually settled out of court. The settlement was approved by the Federal Court on 19 March 2001 and took effect on 2 April 2001. Under the settlement, 3,700 borrowers became entitled to reduced interest rates which were dramatically less than their contract rate. In addition, borrowers who had had their home sold up but still owed money on their loan due to the ballooning nature of the loan had that debt waived and their credit records amended. The case and settlement process were funded by Legal Aid. In 2010, PIAC and law firm Maurice Blackburn, initiated a class action challenging the unlawful detention of young people. The class action is against the state of NSW. It is led by Musa Konneh, and focuses on the false imprisonment by NSW police of large numbers of young people on the basis of out-of-date bail information. The class action seeks to make the system accountable and correct; it also seeks compensation for those affected.

The Homeless Persons' Legal Service

The Homeless Persons' Legal Service (HPLS) provides free legal advice to over 3,300 people who are homeless or who are at risk of homelessness. The HPLS legal clinics are hosted by welfare agencies across Sydney and are staffed by lawyers from Allens, Baker & McKenzie, Corrs Chambers Westgarth, Norton Rose Australia, Dibbs Barker, HWL Ebsworth, Gilbert + Tobin, Henry Davis York, Legal Aid NSW , Minter Ellison and Thomsons Lawyers. HPLS also works with Street Care members to ensure homeless people are directly represented in decisions that affect them. The HPLS is a joint initiative of the Public Interest Advocacy Centre (PIAC) and the Public Interest Law Clearing House (PILCH) NSW Public Interest Law Clearing House. Similar organisations exist across Australia, including the Homeless Persons' Legal Clinic in Melbourne (HPLC), the Homeless Persons' Legal Advice Service in Adelaide (HPLAS), and the Homeless Persons' Legal Clinic in Brisbane (HPLC).

Freedom of information

Since 2006, PIAC has pursued a series of freedom of information appeals seeking access to information about Australia’s military practices in Iraq and Afghanistan. In 2011, PIAC published a number of previously classified and confidential documents relating to Australia’s involvement in the conflicts in Afghanistan and Iraq. These documents revealed that the Australian Government deliberately tried to avoid its obligations under international law in relation to detainees caught by the Australia Defence Force in Afghanistan and Iraq. The documents also revealed that the Australian Government had prior knowledge of illegal detention practices in Iraq, including at Abu Ghraib prison. This included hiding prisoners from the International Committee of the Red Cross (ICRC) and obstructing the ICRC’s access to prisoners. An Australian military lawyer advised on US interrogation techniques and concluded they were open to abuse.

Indigenous justice

PIAC's work with Indigenous communities led to the investigation of claims by clients who were denied access to wages, allowances and pensions held in trust by the NSW Government. After obtaining documents under the Freedom of Information Act, PIAC discovered that the Department of Community Services had considered implementing a repayment scheme for Aboriginal people but the plan had never been adopted. PIAC’s lobbying activities drew media coverage, and soon after the NSW Government announced it was considering establishing a tribunal to examine people's claims. In 2004, the Government established the Aboriginal Trust Fund Repayment Scheme (ATFRS) to assess claims and pay Aboriginal people and their descendants the money owed to them. PIAC lead the campaign to ensure that the NSW Government repaid Aboriginal people their entitlements. PIAC continues to advocate for repayment of all trust monies owed to Aboriginal people in NSW.

References

Category:Legal advocacy organizations