Category: Australia

Detransitioner blasts activist‘s bid to ‘silence’ media as legal complaint fails

A transgender rights activist who has repeatedly tried to launch legal action against Australian media outlets has had her latest complaint thrown out of court.
Claire Southey, director of Rainbow Rights Watch, lodged her failed complaint about an article published by the Herald Sun that reported on a petition by female inmates at a women’s prison demanding the removal of a transgender inmate who had a history of ­violent sexual offending.
Victorian woman Mel Jefferies, who spent 10 years identifying as a man ­before detransitioning in 2021, slammed the lobby group after the failed vilification claim.
The claim related to a 2022 article that outlined pleas by prisoners at Dame Phyllis Frost Correctional Centre to relocate the inmate on safety grounds.
The trans prisoner had pleaded guilty to sexually assaulting a woman in a Richmond street in 2011, and also spent time in a European jail for a child-sex offence.
Ms Southey’s complaint argued the article uncritically repeated claims that the person’s trans status caused other inmates to feel “unsafe”, “threatened” and “traumatised”.
But the tribunal dismissed Ms Southey’s claim, finding the article did not vilify transgender people or link gender identity with criminal behaviour.
In May last year, Ms Southey lost a legal battle against the Australian Press Council over the publication of stories she claimed “perpetuate discrimination” against trans people.
Ms Jefferies told the Herald Sun she was tired of seeing the legal system used to punish those with fair objections.
The fierce campaigner has been pushing back against trans healthcare, particularly the gender affirmation model, after having her breasts surgically removed in 2017 under the advice of medical experts.
Ms Jefferies pointed to a widely distributed document by lobby group the Trans Justice Project urging people to make complaints about “anti-trans media”.
“They’re trying to silence critics of the movement,” she said.

Source: Detransitioner blasts activist‘s bid to ‘silence’ media as legal complaint fails

Pregnant solicitor’s discrimination fight with Legal Aid fails again – Lawyers Weekly

Solicitor Jessica Trappel accused the NSW Legal Aid Commission of discriminating against her on the grounds of sex or responsibilities as a carer by not allowing her to take the entire 14-week paid maternity leave and for not having employment for her to return to.

Last December, NSW Civil and Administrative Tribunal’s (NCAT) senior member Henry Dixon SC and general member Maryanne Maher found “the real and operative reasons” for Trappel’s employment coming to an end were not related to her pregnancies.

On appeal, Trappel claimed there was a condition or requirement that she “not take leave related to pregnancy or caring for children in order to receive offers of temporary employment, covering periods of time around and immediately after giving birth, or becoming a carer”.

Trappel said the second requirement was she “not take personal leave in order to be offered further temporary contracts”.

Her further arguments were that a “substantially higher proportion” of men or people who were not pregnant could comply with this requirement, and there were “significant benefits” to retaining her.

Principal member Theresa Simon and senior member Dr Robert Dubler SC said the way the requirements were framed were “flawed” and there was no such requirement Trappel not take leave due to pregnancy or caring for children in order to receive further contracts.

“We are satisfied on the evidence as a whole that it was open to the tribunal to find that the real requirement or condition being imposed was that the appellant be ready, willing and able to perform the duties of a solicitor at the expiry of the temporary employment contracts in order to be issued with a new offer,” they said.

The leave to appeal was refused, and the appeal was dismissed.

Source: Pregnant solicitor’s discrimination fight with Legal Aid fails again – Lawyers Weekly

‘My word against his’: Colossal system failure in sexual assault cases | SMH

The feeling of arms violently pushing *Samantha onto the couch is etched into her memory as if it was yesterday.

Far more than a statistic, Samantha is, however, among the 22 per cent of women who have experienced sexual violence since the age of 15, according to the Australian Bureau of Statistics. She is also among the 92 per cent who don’t report the violence to police for myriad reasons – hers being a fear of retraumatising herself in the unlikely prospect her offender is brought to justice.

Seven per cent of reports to police end in guilty verdicts

New figures released by the NSW Bureau of Crime Statistics and Research (BOSCAR) paint a troubling picture for sexual assault victims. They show the overwhelming majority of reports made to police never make it to court, and even fewer result in a guilty verdict.

BOSCAR tracked the progress of sexual assaults reported to police in 2018 through the criminal justice system.

Of 5869 sexual assault incidents reported to police, fewer than 15 per cent resulted in charges being laid, the study showed.

Fewer than half of the cases that did go to court resulted in a finding of guilt, leading to an overall conviction rate of about 7 per cent of all reports made to police.

Figures show a monumental systemic failure: experts

Experts say the criminal justice system is failing sexual assault survivors.

Chief executive officer of the Women’s Legal Service NSW, Katrina Ironside, was not surprised by the BOSCAR findings.

While there had been a recent increase in awareness of sexual assault, Ironside said that had not led to a trauma-informed legal system that supports survivors and it “treats them as a criminal or a witness in their own matter”.

“Victim-survivors are still blamed for provoking perpetrators,” she said.

Source: 12ft

NSW barrister Lindsay Ellison’s ‘Mx’ faux pas results in dismissal | The Australian

A NSW silk who said his preferred pronouns are “HeHaw HeHaw Ha Ha Ha” and questioned the use of gender-neutral titles in court and has been sacked as the chair of one of the state Bar’s central committees.

Lindsay Ellison SC, who has practised as a barrister for nearly 40 years, was stood down by NSW Bar Association president Ruth Higgins SC this month, after she received complaints about his conduct while chairing a meeting of the Succession and Protective Law Committee in late April.
The Australian understands that during the meeting, Mr Ellison questioned the use of the term “Mx” – a title used by non-binary people – which was used in a ­practice note written by NSW ­Supreme Court Chief Justice ­Andrew Bell about the proper way to ­address a party in court.
Mr Ellison was called to the Bar in 1985, and has been named a “market leader” in wills and estates practice for the past four years by the Doyles Guide. He was previously vice-president of the NSW Bar Association, and in 2021 became the inaugural chair of the Succession and Protective Law Committee.
Chief Justice Bell’s practice note, which instructs lawyers to “advise the court, where appropriate, of … forms of address such as Ms, Mr, Mrs, Mx, Dr, Prof”, was brought up in a committee meeting chaired by Mr Ellison last month. After he questioned the use of the term “Mx” in the meeting, he received a phone call from NSW Bar Association president Ruth Higgins, who counselled him over “the tone and content” of his comments regarding the practice note after the meeting.

Source: NSW barrister Lindsay Ellison’s ‘Mx’ faux pas results in dismissal | The Australian

Rio Tinto facing possible class action following sexual harassment report – Lawyers Weekly

Rio Tinto – one of the world’s biggest metals and mining corporations – could face a class action brought by employees and contractors who may have been subjected to sexual discrimination or sexual harassment at work on Australian mine sites.

In February of this year, a review conducted by former Australian Sex Discrimination Commissioner Elizabeth Broderick identified “disturbing findings of bullying, sexual harassment, racism and other forms of discrimination through the company”.

Among the report’s findings were that, in the last five years, nearly three in 10 women and six per cent of men had experienced sexual harassment at work, four in 10 men and over three in 10 women who identify as Aboriginal or Torres Strait Islander in Australia experienced racism.

Shockingly, 21 women surveyed reported actual or attempted rape or sexual assault.

Bullying and sexism was also found to be “systemic” on Rio Tinto workplaces, with almost half of people surveyed having experienced bullying.

Speaking about the investigation, Shine Lawyers class action practice leader Sarah Thomson said the firm is aiming to determine whether Rio Tinto and/or its related subsidiaries, failed to take adequate steps to eliminate discrimination and sexual harassment for employees as far as possible in its workplaces, and whether they are liable.

Source: Rio Tinto facing possible class action following sexual harassment report – Lawyers Weekly

How Ariel Bombara triggered an internal investigation into WA Police actions in weeks before Floreat murders – ABC News

Bravely fronting the media just days after her father Mark Bombara’s murderous actions took the lives of Jennifer Petelczyc and her teenage daughter Gretl, the 27-year-old wanted to convey a simple message about the horrific chain of events that led to Friday’s deadly shooting.

“There needs to be a massive systemic change made to protect women to ensure that this never happens again,” she said.

A mother and daughter named Jennifer and Gretl Petelczyc smiling happily in a photo.

“Authorities should have helped us to stop him and they failed.”

She and her mother had repeatedly warned police about her father’s disturbing behaviour, about his collection of guns and the fact that one – a Glock handgun — was missing.

“My mother and I made it clear that our lives were at risk – we were repeatedly ignored, repeatedly failed,” she said.

Having escaped, the Bombara women spoke with police three times in the following week, Ms Bombara said.

They wanted a temporary family violence restraining order, but police said no, she said.

Addressing the Bombara women’s request for a temporary restraining order, Commissioner Blanch said the circumstances at the time did not warrant such a measure.

Source: How Ariel Bombara triggered an internal investigation into WA Police actions in weeks before Floreat murders – ABC News

Future Women Jobs Academy | NSW Government

Future Women Jobs Academy is a free online program designed to boost women’s workforce participation, job readiness and economic security in NSW.

About The Program

The program will support 1000 women over a two-year period to equip them with the necessary supports to enter, progress and succeed in paid employment and build careers that benefit them for the long-term.

The program is particularly focused on providing access to:

  • Aboriginal and Torres Strait women (for whom applications will be considered first for acceptance into the program)
  • women from culturally diverse backgrounds
  • women with disability
  • women living in regional, rural, and remote areas.

Training and resources

Participants in the Future Women Jobs Academy program will have access to:

  • online resources and bespoke learning hub
  • leadership masterclasses and training programs
  • professional development, coaching, and mentoring
  • Jobs and Skills Fair webinars
  • a two-day leadership summit
  • lifetime Jobs Academy membership.

Who can apply

To be eligible to apply, you need to be living in NSW and over 18 years of age, be unemployed, working in insecure, casualised or part-time work or working in a minimum, or low wage role.

How to Apply

Applications for the program are now open and will close on 8 July, 2024. 

Source: Future Women Jobs Academy | NSW Government

The Cass Report Webinar – NAPP

Dr Hilary Cass joins us to present her Cass Report findings and to answer questions on this work.  Dr Cass was commissioned by the UK National Health Service to make recommendations on how to improve the NHS gender identity services and to ensure young people questioning their gender identity received the highest quality of care.

Following Dr Cass a faculty of senior medical and legal experts will debate the relevance of the Cass recommendations to the Australian setting.

For all interested in gender identity issues and the approach to gender incongruence in young people, this meeting must not be missed.

Source: The Cass Report Webinar – NAPP

Degrading behaviour towards women is part of ‘mainstream’ pornography. What are the risks of this? – ABC News

In a bid to curb Australia’s domestic violence crisis, the federal government is turning its attention to online pornography.

This month, the government announced it would spend $6.5 million to pilot age-verification technology. It follows a 2023 report that found 75 per cent of 16-18-year-olds surveyed had seen porn. Of those, nearly one-third saw it before the age of 13.

The measure aims to prevent children from accessing adult material and “tackle extreme online misogyny, which is fuelling harmful attitudes towards women”, the government said.

This week, federal minister Tanya Plibersek told ABC’s AM program that the figures for sexual assault are “exploding“.

“Kids are seeing pornography that includes choking and anal sex before they’ve had their first kiss,” she said.

“Unless we begin to tackle it now, we are going to see a continued epidemic of sexual assault amongst teenagers.”

The UK government is currently trying to enact its own age assurance measures, although pornography regulation has proven problematic in the past.

Meanwhile, three of the world’s biggest porn sites are facing new requirements, including age verification, in the European Union.

It’s unclear how the Australia’s pilot will work, but if the eSafety commissioner’s 2023 Roadmap for age verification is anything to go by, it could involve anonymised digital tokens to prove a user’s age.

Source: Degrading behaviour towards women is part of ‘mainstream’ pornography. What are the risks of this? – ABC News

Judge orders trans activist’s pronouns must be respected in ‘Billboard Chris’ hearing – Rebel News

The judge in ‘Billboard’ Chris Elston’s directions hearing declared that a biological woman be addressed with male pronouns in court.

The call was made during a session on Thursday, which also debated the involvement of trans activist Teddy Cook in the case against Australia’s eSafety Commissioner.

Dr Reuben Kirkham of the Free Speech Union of Australia, representing Elston, was scolded for using female pronouns when referring to Cook in the court.

The court eventually ruled that Cook would not be a party to the proceedings and should not be named in tribunal documents. Discussions also covered whether X Corp should remain an interested party. The Judge decided to keep the matters separate but ordered that documents be shared between them, with hearings held concurrently unless confidentiality orders are imposed.

Source: Judge orders trans activist’s pronouns must be respected in ‘Billboard Chris’ hearing – Rebel News