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‘Lawyers should educate themselves’ on Indigenous issues
Young lawyers need to be extremely self-aware and educate themselves when dealing with Indigenous issues and clients – in order to change the narrative for good.
Lauren Croft
Emma Garlett is a Nyiyaparli, Yamatji and Noongar woman, a planning specialist at BHP and a member of both the Commercial Law Committee and the Indigenous Legal Issues Committee at the Law Society of Western Australia. Ms Garlett was the first Aboriginal person to graduate from both the Curtin Law School and the Curtin Business School with a double degree.
In conversation with Lawyers Weekly, Ms Garlett said that for lawyers entering the profession, it’s paramount to be aware of the history of Australian law.
“Understanding Australia’s legal history and engaging in legal theory will provide clarity on why the system is the way it is. This education will shed light on any systemic racism embedded in the legal framework and it will allow students to identify gaps for constant improvement initiatives in business and proposals for law reform,” she said.
Additionally, she emphasised that “everyone has an opportunity to adopt an Indigenous perspective when making decisions or advising on law which may affect Indigenous interests”.
“Unfortunately, some of Australia’s laws are not fit for purpose when considering the desires of First Nations people. In the absence of law reform, Lawyers should have confidence and question their clients – especially if their client has a Reconciliation Action Plan. This could be in the form of challenging the position or perspective of the topic at hand or taking a softer approach through inspiring a shared vision to contribute meaningfully to Indigenous issues to ensure that we, as a collective, take action to improve the future for Indigenous peoples,” Ms Garlett explained.
“More tangible actions could include exposure; this means posting about Indigenous issues or writing articles and ways forward on the firm’s website and social media. Firms can also take on pro bono work for First Nations clients – lawyers could ask the firm you work for to come to an arrangement with an Indigenous charity, an Indigenous start-up, or even an Indigenous individual. All these mechanisms will contribute to Indigenous excellence, the next iteration after closing the gap.”
Indigenous culture can be further protected in Australia through law reform and education, Ms Garlett added.
“We need to continue to approach the protection of Aboriginal culture from all angles. For me, I think lawyers should educate themselves holistically. Education will help to challenge our thinking and may even provide influence on morals, and values, to ensure we all place importance on Australia’s history which includes Indigenous culture,” she explained.
“If everyone values Indigenous culture, then we will all do whatever is necessary to protect Indigenous culture. We need to shift the paradigm of thinking. Education also provides perspective, and it enables effective decisions to be made which benefit everyone. Our children are our future, and they deserve an education that leads with heart and mind, while sharing the truth of Australia’s history.”
Particularly for lawyers working in this space, Ms Garlett said self-awareness – of their own beliefs, views and bias – was key in ensuring a better future for Indigenous communities.
“Lawyers have the power to influence others, there is power in words and lawyers should consider the need to include Aboriginal people who have been historically dispossessed,” she said.
“We can’t change anyone but ourselves, so it is really an internal journey of self-discovery, healing, realising the power we all hold in ourselves, and channeling that power by deciding to be a part of the changing narrative for Indigenous people.”
Lauren Croft
Lauren is a journalist at Lawyers Weekly and graduated with a Bachelor of Journalism from Macleay College. Prior to joining Lawyers Weekly, she worked as a trade journalist for media and travel industry publications and Travel Weekly. Originally born in England, Lauren enjoys trying new bars and restaurants, attending music festivals and travelling. She is also a keen snowboarder and pre-pandemic, spent a season living in a French ski resort.
