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A fairer profession must be strived for, says new NSW Law Society president
This year’s president of the Law Society of NSW marked the opening of the 2023 law term by outlining her priorities, including offering increased protections for vulnerable families and focusing on the health and wellbeing of the profession.
Lauren Croft
Speaking at the Law Society’s Opening of the Law Term dinner on Wednesday (1 February), Cassandra Banks said that 2023 would be “another productive and eventful year” for the society and said she would “not be wasting a moment” of the year.
“NSW currently has almost 16,000 children in out-of-home care, and more than 100,00 children assessed at risk of significant harm every year. There are close to 500,000 reports made in relation to concerns about children’s welfare each year.
“It has been pleasing to see, in recent years, significant attention being drawn to greater early intervention and active efforts to try to keep children living with their families. This is the start,” she said.
“The court has an incredibly difficult task in balancing risk and vulnerabilities against the risk of harm in removing a child from their family and then the out-of-home risks that follow. From the perspective of our profession, there are simply not enough lawyers handling the legal work necessary to help these children have a better chance at life.”
Because of this “under-resourced” area, Ms Banks said that children fall through the cracks of the system, which requires “greater ongoing resourcing” moving forward.
“Unless there is effective intervention, systematic accountability and improved legislative framework at all stages of the child protection system, including out-of-home care and children exiting the system when they are older, these children can either enter or remain in a vicious cycle of poverty, lack of family support, lack of formal education, crime, incarceration, and susceptibility to drugs and risky behaviours,” she explained.
“Of the 186 lawyers based in my region, only nine, including me, practise regularly in the children’s care and protection system. When I left Coffs Harbour to come to Sydney, I had to reallocate 35 matters to other practitioners who already had full case loads.”
Legal Aid is also high on Ms Bank’s priority list — and she called it “one of the most important aspects of practice”.
“The clients in such matters are vulnerable. Families can be at a lower socio-economic level, struggling to escape intergenerational trauma, unemployment, abuse or addiction issues, and mental illness. They have often felt let down by the system and are reluctant to trust government authorities or the courts. As legal professionals, we have the ability to advocate for proactive change,” she continued.
“The other side of this coin is that everyone deserves to be compensated fairly for their labour. Practitioners who undertake matters funded by Legal Aid are no exception. Their work is important and improves the lives of vulnerable children, young people and adults.
“We have to do better for children and young people in these situations. We have to provide more support to families who are not coping.”
Additionally, Ms Banks said she was looking forward to working with regional and remote communities, as well as advocating for increased wellness in the profession and advancing gender equality.
“Although the proportion of female private practice principals is increasing, women are still underrepresented in the top levels of the profession. Is the glass ceiling still made of more stubborn material? Clearly, there remains a serious disconnect that we must address in recruiting and retaining women in senior leadership roles.
“I also want to make it very clear that men are critical in this journey. Without participation from everyone, particularly those who hold senior or leadership roles, we cannot achieve progress,” she added.
“There also needs to be recognition that gender roles within the workforce are changing. As a profession, we need to encourage workplace culture that enables everyone to take leave for carer commitments and be appropriately supported in doing so without fear of losing their practice or diminishing their reputation. Fairness, after all, should be at the centre of our profession.”
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.
