eBulletin | May 2017

Students from the University of Technology, Sydney (UTS), who are studying at RLC's International Student Clinic during autumn semester.

Spotlight on Employment, Discrimination
& International Students

Welcome to our May eBulletin! In this edition, we focus in on three of our important and overlapping practice areas: our Employment and Discrimination practices and our State-wide International Student service.

These services are in constant high demand and have been a focus of law reform for us recently, given the levels of exploitation that international students are facing in the workplace. One example of this is our recent proposal to amend section 499 of the Migration Act to make it easier for students to come forward about workplace exploitation. You can read more about this below.

The last few years have been nothing short of a funding rollercoaster for the community legal assistance sector, and it’s been a particularly tumultuous couple of months. Due to planned funding cuts and a new funding formula, Redfern Legal Centre was tipped to lose over 25% of our core legal funding – down to funding for less than 2 solicitors providing direct services.

After much concerted advocacy across the community legal sector, the NSW government announced it would provide $6 million dollars for Community Legal Centres. Two weeks later, on 26 April, the federal government announced it would reverse the planned funding cuts. In this weeks budget this has translated to an additional $39 million for CLCs over 3 years.

This announcement brings much needed stability that will allow us to retain our full-time solicitors and plan new programs to serve our local community. We spoke to SBS and ABC news on the day of the funding announcement – you can watch the SBS coverage here.

While the restored funding is incredibly welcome, it is only about a quarter of the amount that the Productivity Commission has said the CLC sector needs to meet demand, making a continued focus on funding and fundraising an ongoing priority.

In other funding news, RLC was one of only six successful applicants across Australia to receive funding from the Fair Work Ombudsman‘s Community Engagement Grants Program.This will allow us to expand on our current services to meet the ever-increasing demand created by international students being exploited in the workplace.

Finally, I'd like to give a huge thank you to everyone who joined us to celebrate our 40th birthday fundraiser at Sydney Town Hall on 27 April. Our generous sponsors, prize donors and auction bidders made the night a massive success, and we’ve been overwhelmed by the all the support we received. The final figures are still being calculated, but with your help we not only had a great night but also raised over $30,000!

All in all, the exciting developments of the last few weeks, capped off by our birthday celebration and fundraiser is propelling us forward into an exciting and productive period ahead.

Jacqui Swinburne
Acting CEO
Redfern Legal Centre

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In May, RLC staff met with representatives from the Fair Work Ombudsman (FWO) to discuss our new dedicated employment law service for international students.

Pictured L-R: Nick Shearer (Senior Engagement Officer) and Louise Peters (Director – Community Engagement) from FWO’s Strategic Engagement and Stakeholder Relations Branch, together with RLC staff: Jacqui Swinburne (Acting CEO), Dr Linda Tucker (Discrimination and Employment Solicitor), Nick Manning (Community Engagement and Education Officer) and Sean Stimson (International Student Solicitor).

The Right Direction: Combatting Exploitation of International Students in the Workforce

RLC's Employment and International Student Advice services are inundated with requests from international students facing a broad range of workplace exploitation issues.

In our experience, international students frequently have a visa issue associated with their legal problem, and fears about their visa status can prevent these students from seeking advice or asserting their rights.

We have submitted a proposal to the Migrant Workers' Taskforce, chaired by Professor Allan Fels, and to Immigration Minister Peter Dutton, calling for an amendment to section 499 of the Migration Act.

This amendment would instruct decision makers not to cancel a visa in certain circumstances where a student has breached the 40-hour-per-fortnight condition.

Media coverage of RLC's proposed reforms to s499 of the Migration Act

Image credit: Coal Creek (CC)

Work visas: students often forced to breach conditions, lawyers say
Naaman Zhou reports for The Guardian

Proposed laws unlikely to stamp out exploitation of underpaid workers, says legal experts
Anna Patty reports for The Sydney Morning Herald

Sean Stimson speaks to The PIE News (UK) about international student exploitation in the workforce
Anton Crace reports for The PIE News

Safeguarding international students at work
Anton Crace reports for The PIE Review

Dr Linda Tucker discusses employee exploitation on Radio 2ser
Nathaniel Keesing Reports for 2ser's The Daily

18C and freedom of speech

In February Radio 2ser convened a panel of legal and human rights experts to dissect findings the 18C Inquiry Report, tabled in Parliament on 28 February 2017.

Following the release of the Inquiry's report, the 2ser panel brought togeth legal and human rights experts, including RLC's Employment Discrimination Solicitor Linda Tucker, to unpack the key issues it raised.

Case Study:
Legal Responses to Underpayments at Work

Mary’s* Story

Mary is an international student who was employed as a manager at a café in the inner city between October 2015 and July 2016. During this time her employer continually underpaid her superannuation and wages. This included a failure to pay overtime and penalty rates.

After the client contacted RLC about these problems, the centre’s lawyers commenced action against the employer on her behalf in the Fair Work Division of the Federal Circuit Court. At a hearing in March 2017, the court found that the employer had committed numerous breaches of the Restaurant Industry Award 2010 [MA000119] and the Superannuation Guarantee (Administration) Act 2012.

RLC successfully achieved judgment against the employer, who was ordered to pay $18,860 in withheld wages and unpaid superannuation.

Image credit: Christine592 (CC)

Mary's case is just one example of the endemic problem of the underpayment of wages, entitlements and superannuation within the hospitality industry.

It is helpful for workers to be aware of the Industry Award which governs their work arrangements, however the onus is on employers to pay wages that are in line with relevant industry awards.

All Australian industry awards are available through the Fair Work Ombudsman website.

* not her real name

RLC's Green Room is open for learning!

In March, we officially launched our brand new education hub at Redfern Legal Centre with a series of weekly Student Clinics.

During autumn semester, students from the University of Technology, University of Sydney, and University of NSW, are attending our International Student Clinic, Social Justice Clinic, and Police Powers Clinic.

A Human Rights Clinic within our Employment & Discrimination Practice for students from the University of Sydney is enrolling now, with applications closing 2 June.

Under the supervision of RLC staff and solicitors, students taking part in these university electives receive hands-on experience with real cases, exposure to RLC policy and advocacy work, and structured reflection time to deepen and broaden their knowledge of law.

Engaging international students with legal issues on social media

Since April 2017, RLC has been working with law students studying in our International Student Clinic and students from the International Student Leadership and Ambassador (ISLA) Program to produce a series of online videos offering brief tips for international students about commonly experienced legal issues.

These short, sharable 'Tip of the Week' videos have proven extremely successful at engaging international students through social media.

Hop Dao narrates a video about workplace exploitation.

So far, the series has dealt with topics including motor vehicle accidents, renting and share housing, work hours permitted under study visas, and workplace exploitation.

You can read more here, and don’t forget to like our International Student Facebook page to follow our Tip of the Week series!

OTHER NEWS...

Postcard from South Asia: forging links and forming friendships

RLC's Dr Linda Tucker reports back on a self-funded trip to South Asia, where she visited the Jananeethi Legal Institute and attended the South Asian Human Rights Conference.

RLC's 40th Birthday

Thank you to everyone who made our 40th birthday celebration at Sydney Town Hall such an incredible night!

Our fundraiser was a massive success, and it was inspiring and humbling to see so many dear friends and colleagues come together to mark this huge milestone in RLC's history.

Were you there? Photos from the night taken by our photographer John Dennis are available on our our Facebook page here.

Special thanks to all our sponsors: DLA Piper, Ashurst, Maurice Blackburn Lawyers, Fragomen, New South Wales Bar Association, HandUP Foundation and the City of Sydney. Your generous support ensures that proceeds from ticket sales and auction prizes can go towards maintaining RLC’s work with vulnerable communities.

Donate to RLC

Justice Virginia Bell AC gave a rousing keynote speech at our fundraising dinner.

RLC's commemorative birthday T-shirts and tea towels were a huge hit! Order the last of them here.