In this month’s issue of BucketOrange Magazine, we sat down with Elodie Cheesman – a young lawyer, writer, and author of the new novel Love, In Theory to talk about ambition, creativity, and building a life in the law.

Keep your eyes glued to our Instagram feed early next week when we’ll be GIVING AWAY a copy of Elodie’s book to two lucky readers!

Your first novel, Love, In Theory, has just been released this month. Can you tell us a little about the storyline?

“Love, in Theory is a romantic comedy about a 24-year-old lawyer, Romy, who learns that she is at her ‘optimal stopping point’ (the mathematically designated point at which one should select the next ‘best person’ who comes along in order to have the best chance at happily ever after). Highly analytical and data-driven, Romy decides to get serious about her love life … by applying academic theories about love to her search for the perfect person. What could go wrong?”

Like the main character, Romy, you’re also a lawyer based in Sydney. Is the book inspired by any experiences from your own life?

“Love, in Theory is definitely fiction, but I did draw on my experience of navigating Sydney’s dating scene in my early twenties – the feelings of excitement and uncertainty, and wishing there was a formula or guidebook to help me in my search. I was also inspired by the world of big commercial law firms in Sydney; though thankfully, my actual experience of that world is very different from Romy’s!”

Can you tell us a little about your career pathway to date? 

“After completing my undergraduate law degree in Sydney and a BCL at Oxford University, I started as a graduate lawyer at a large commercial firm in Sydney. After a few years I took a leave of absence to work as an Associate to the Chief Justice of the High Court of Australia, after which I returned to the same firm. I work in the areas of general commercial litigation and dispute resolution, and administrative and public law.” 

Have you always wanted to write? Do you find it easy to access your creative brain after a long day at the office?

“I have always loved reading and creative writing, and it was a long-held dream of mine to have a novel published. It can definitely be difficult to muster the enthusiasm to write after a long day at the office – like physical exercise, it’s one of those things that is really invigorating once it’s done or underway, but requires a fair bit of effort to get started. I’m much more inclined to turn to Netflix after work, so I tend to write in the mornings or on weekends when I’m feeling fresh.”

How long did it take you to complete your novel, and how have you managed to balance full-time legal work while doing so?

“It took about 18 months to complete the first draft of Love, in Theory, and a couple more years to revise and find an agent and publisher. I balanced writing with full-time legal work by chipping away at my novel in the mornings before work. Slow and steady!”

Do you have any plans for a follow-up novel? 

“Yes, I’ve started work on another novel – another romantic comedy!”

What advice would you give other aspiring writers?

“My advice would be: Don’t wait for permission, a bolt of inspiration or the ‘perfect conditions’ to write – just start, and find out by trial and error what works for you. This might involve setting aside 15 minutes each day to jot down thoughts to develop into a story, signing up to a creative writing course or writers’ group for some external accountability and encouragement, or starting with shorter-form pieces … whatever enables you to flex your writing muscle!”

Elodie’s book, Love, In Theory, is available to purchase now through Pan MacMillan Publishing.

On 3 May 2021, the Australian Human Rights Commission released its final report on the Independent Review of Gymnastics Australia.

The review looked into culture and practice at all levels of gymnastics in Australia following the release of the documentary ‘Athlete A’. The documentary caused gymnasts worldwide to come forward on social media with reports of institutional abuse, with many reports coming from former Australian athletes and parents of athletes.

Shockingly, the findings of the report revealed a toxic culture at Gymnastics Australia that enabled serious sexual, physical, and other abuse of young Australian gymnasts for decades across the country.

Law firm Chamberlains is looking into current and historical incidents of institutional abuse in Australia.

The firm is urging victims, witnesses of abuse, or anyone with information about abuse that took place within Gymnastics Australia to come forward.

Many victims are not aware that they could be entitled to compensation, nor that it is possible to lodge a claim against an institution. We hope that by raising awareness among victims of institutional abuse, we can get more to step forth and to share their stories.

Chamberlains have offices in Canberra, Sydney, Perth, and Newcastle where anyone with information on these matters is encouraged to come in to discuss their potential claim.

We are urging witnesses Australia wide to contact us. Our specialists in institutional abuse, Directors Jon May and Alison McNamara are both operating out of our Canberra office, but we can remotely assist clients from anywhere in the nation.

Further Information

To contact a lawyer about your experiences with institutional abuse at Gymnastics Australia, contact Chamberlains Law Firm:

Alison McNamara

• Email: alison.mcnamara@chamberlains.com.au
• Phone: 02 6188 3600

Jon May

• Email: jon.may@chamberlains.com.au 
• Phone: 02 6188 3600

If you, or someone you know, is a victim of sexual or physical abuse contact the following services to seek support.

Lifeline Australia 13 11 14
www.lifeline.org.au

The Australian Institute of Sport Mental Health Referral Network (MHRN) The MHRN provides support to current and alumni athletes and their families, and current and former staff of the AIS and their families.

• Phone: +61 2 6214 1130 (Monday – Friday 9am-5pm AET)
• Email: mentalhealth@sportaus.gov.au
• www.ais.gov.au/mhrn

Beyond Blue 1800 512 348
Mental wellbeing telephone and online support service.

• beyondblue.org.au

Eheadspace 1800 650 893
Online and webchat support and counselling for 12-25 year olds, their family and friends.

• www.headspace.org.au/eheadspace/

MensLine 
Professional telephone and online support and information service for Australian men.

• Phone 1300 78 99 78 (24 hours a day, 7 days a week). 
• MensLine online counselling.

1800Respect
Confidential counselling, information and support for people impacted by sexual assault, domestic or family violence and abuse via phone or online chat.

• Phone: 1800 737 732 (24 hours a day, 7 days a week). 
• 1800Respect online chat

Stay home. Protect our health services. Save lives.

This is the public health message used by many governments around the world during the COVID-19 crisis in an effort to stop the spread, flatten the curve, and to prevent a wave of critically ill patients overwhelming the health care system.

But compliance with government restrictions is, perhaps, easier said than done for many Australian women, men, and children experiencing family violence. For these members of the community, staying at home has come at the cost of personal safety.

On average one woman is killed per week in Australia by her current or former partner. According to Impact for Women, nine women have been killed so far this year due to relationship violence.

In a matter of weeks following the implementation of government social distancing restrictions in March this year, Google reported a 75% increase in searches for family violence help. This is the highest number of searches in the past five years. 

Similarly, Women’s Safety NSW reported an increase in clients, the complexity of client needs, escalation in violence, and violence specifically related to COVID-19. Western Australia Police reported an increase of 5% in family violence callouts since mid-March. These trends match an increase in reported incidents around the world – most significantly in China where family violence tripled during the COVID-19 lockdown. 

Lower reported incidents concealing a bigger issue

Not all states and territories have experienced a spike in domestic violence reports since March this year. South Australia, for example, has not seen a significant increase, and Queensland has actually seen a decrease in both family violence order breaches, and applications for protection orders. Queensland Police Commissioner Katarina Carroll says, however, that she is concerned by this trend as lower reported figures may not necessarily be reflective of an overall decrease in domestic violence incidents. COVID-19 has meant that victims of domestic abuse are at home more and likely not to be in a position to take out a protection order or to report a potential breach.

Chrissy Leontios, Principal Lawyer at CLEON Legal based in Queensland, says her firm has not seen an increase in women reaching out, but that:

“This should not mean that COVID-19 is not causing higher rates of domestic violence or that legal assistance is not in higher demand.”

The United Nations has urged all governments to “make the prevention and redress of violence against women a key part of their national response plans for COVID-19.” The United Nations Secretary-General, Antonio Guterres, made a number of recommendations on how governments can do this, including by increasing investment in online services, making sure the courts continue to prosecute abusers, setting up emergency warning systems in pharmacies and grocery stores, and to declare shelters as essential services. 

Extra funding for domestic violence services

The Australian government has pledged an initial $150 million dedicated to domestic violence support and another $32.5 million for states and territories to bolster frontline services.

“This funding is certainly welcome, but the government needs to acknowledge that resources were extremely over-stretched before COVID-19, and this funding will only scratch the surface in filling the gaps, says Ms Leontios” 

The risk factors for those isolating with controlling partners go beyond just being made to stay home. The consequences of staying at home can exacerbate an already volatile situation says Ms Leontios:

“Recent research from the Foundation of Alcohol Research and Education shows 70 percent of Australians are drinking more alcohol than normal during COVID-19. While we know that alcohol consumption is not a direct cause or excuse for domestic violence, evidence suggests that alcohol consumption increases the occurrence and severity of domestic violence.” 

Family violence is not limited to physical violence and includes financial abuse and deprivation of liberty. Since many Australians now face unemployment, Ms Leontios warns “there is an increased capacity for financial control if a person has lost their own income and has to rely on a perpetrator for an allowance to survive.”

Help is still accessible for victims of domestic abuse

Every state and territory permits leaving the house for an emergency, including instances of family violence. Family violence centres and legal services are now operating virtually, allowing victims of domestic abuse to continue to obtain help. Virtual representation through duty lawyers is also available.

“We want victims to know that COVID-19 does not stop them from getting Protection Orders … we want victims to be aware that help is still available, says Ms Leontios.”

Where to get help

If you suspect that someone you know is experiencing family violence, there are a number of ways you can help. The Domestic Violence Resource Centre Victoria sets out a number of things you can do to help someone at risk. 

These include: 

• Checking in regularly via phone, text or social media
• Agreeing on a safe word, sign or signal that the person experiencing family violence can use to alert you that they need help 
• Calling the police 
• Keeping copies of important documents for the person experiencing family violence, and/or storing an ‘escape’ bag for them.

Ms Leontios says that we all have a role to play:

“The most important message here is to take notice and take action. We need to challenge the old notion and debunk it that ‘what happens in the home is private’ – this is wrong. Domestic violence is everybody’s business.”

Further Information

• If you or someone you know is impacted by sexual assault, domestic or family violence call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au. A live chat option is also available.
• Download ‘Daisy,’ an app that connects you with domestic violence services in your local area.
• Visit CLEON Legal, phone (07) 4725 3462 or 0409 741 025 or email info@cleonlegal.com.au

More on BucketOrange

• ‘Domestic Violence Incidents Expected to Spike Along with COVID-19.’

I race into the office at 9:07am, applying the final touch of lipstick and making sure I had brushed off the crumbs from my suit (breakfast in the car). And there was my peer, let’s call him Ben, diligently and peacefully working away with big Bose headphones on. He had evidently been at work for a while already, at least long enough to have finished his large long black.

And so my day started – just like any other day at the law firm – madly whizzing through the work as if the Looney Toons Tassie Devil had a law degree.

At 4pm I start to feel the anxiety building. I had got through a few of the super-duper-urgent tasks already, but I was not going to be able to even think about the very-overdue-but-client-not-chasing-us things. I need to leave at 5pm. It is non-negotiable. Daycare closes at 5:30pm. Those tasks will have to go on the backlog, again and again, until they bubble up to the top of the to-do list.

But Ben will keep working away, until 7:30 or 8 in the evening. Clocking up his standard 11-12 hour day, staying largely on top of the backlog, and free to go on that business trip to Melbourne or Tokyo.

At some point – when I stepped out of the tornado – I realised that I couldn’t compete with Ben on billable hours. I couldn’t even get close. I had daycare pick up, sleepless nights, breaks to pump breastmilk, weekends full of playdates and swimming lessons.  I didn’t see how I could possibly squeeze in the extra 20 hours of work to keep up. Maybe I could, but it would probably be from getting 3 hours less sleep each night – and that was premised on the very perilous assumption that my small children would actually stay asleep at night. Or I could spend an extra $20,000 a year on nannies to buy me a few extra hours at work. In any event, I would burn out pretty damn fast.

But then things became clear …

Working longer and harder simply wasn’t my competitive advantage anymore.

I needed to find what I could do to “add value”, that didn’t involve an arms race of 6 minute increments. So instead I decided to aim for what I could do: I could be efficient. I could become a leader of a team. I could train and develop young lawyers. I could be a creative problem solver. I could use technology to my advantage. I could have innovative ideas. I could recruit great people to the business. I could develop my strategic vision. I could make meaningful connections with clients.

In fact, what I had seen as a terrible constraint – having to leave at 5pm – was actually a powerful transformative force. It propelled me to explore what my competitive advantage is. It has helped me start developing the non-legal and ‘soft’ skills which make me a more well-rounded and high-performing employee.

It is also ‘future proofing’: many of these attributes are the trending skills in demand for 2022 (lawyers are listed as a “redundant role” for the future). 

Are you doing something that allows you to have the most impact? Step back from the “busyness” of life and consider what your competitive advantage is. You may have more to contribute than you realise. 

by Ingrid Bremers

Ingrid Bremers is a corporate lawyer and mum of two based in Canberra, Australia. Ingrid is also the Company Secretary of Campbell Street Children’s Centre. Her work has been featured in Governance Directions, Women’s Agenda, Mamamia and The Pulse.

In wake of the World Health Organisation declaring COVID-19 (Novel Coronavirus) a pandemic, many workplaces have responded to help stop the spread of the virus by changing their working arrangements, with many industries making the move to work from home.

However, not all workplaces have been able to work online. Service industries such as retail and hospitality have been among the hardest hit after government restrictions closed restaurants, bars and retail outlets. Employers and employees alike are feeling the serious socio-economic effects of COVID-19 as millions of jobs are either becoming redundant or at risk of becoming redundant, amid the increasing severity of temporary government restrictions.

This week, the Federal government introduced a $130b economic stimulus package to assist small businesses to retain employees. Businesses will receive a fortnightly wage subsidy up to $1,500 per employee in an effort to prevent millions of workers from losing their jobs.

So, what are your employee rights and obligations in the light of this rapidly changing crisis? It largely depends on your individual circumstances.

Sources of law

Australia’s workplace laws emanate from various sources, but the main protections are contained in the Fair Work Act 2009 (Cth) (“FWA”), the relevant awards, the Workplace Health and Safety Act 2011 (Cth), Workplace Health and Safety Regulations 2011 and Model Codes of Practice. WHS legislation is crucial as it requires employers to identify risks in the workplace, and do what is reasonably practicable to eliminate them, or where this is not reasonably practicable, to minimise those risks.

Employees should also note the published advice by the Department of Health.

Self-quarantine and self-isolation

All states and territories have engaged similar emergency powers under respective public health legislation. Your requirement to self-isolate for 14 days applies in the following situations:

• If you have tested positive for coronavirus
• If you have come in close contact with a confirmed case of coronavirus
• You arrived in Australia after midnight on 15 March 2020.

If you find yourself in any of the above situations, you should contact the Department of Health, and your employer immediately.

All travellers returning to Australia after 15 March 2020 must self-isolate for 14 days. If you refuse to comply, severe penalties apply in each State or Territory.

If you are required to self-isolate, then you must not attend work. Your options may include:

• Working from home – You should discuss this with your employer and review any agreements, employment contracts, enterprise agreement or workplace policies
• Taking sick leave, if you are unwell
• Taking annual leave or other leave such as long service leave
• Taking leave without pay

If you cannot work because you are subject to self-quarantine, you are not entitled to be paid unless you use your leave entitlements. Employees subject to a government enforcement order are not ordinarily entitled to be paid. There is a distinction to be made with an employer’s direction.

You may wish to discuss with your employer if you can undertake alternate work.

What if I want to stay home as a precautionary measure?

You should discuss your options and any alternative working arrangements with your employer.

Do I have any obligations as an employee?

Under WHS laws, your employer must ensure the health and safety of all employees. As an employee, you also have obligations. Under the Work Health and Safety Act 2011 (Cth) you have four obligations while you are at work:

1. To take reasonable care for your own health and safety
2. Take reasonable care that your acts or omissions (failure to do something) do not adversely affect the health and safety of other persons
3. Comply, so far as you are reasonably able, with any reasonable instruction that is given by your employer under the Act
4. Co‑operate with any reasonable policy or procedure of your employer relating to health or safety at the workplace that has been notified to you.

Casual employees

Casual employees do not have paid leave entitlements under the National Employment Standards, as they receive a higher rate of pay in place of leave entitlements. However, under the Fair Work Act 2009 (Cth), casual employees are entitled to 2 days of unpaid carer’s leave per occasion.

If you have lost your job, you may be eligible for the Jobseeker Allowance through Centrelink.

If you have been dismissed, and believe that it has been done in a ‘harsh, unjust or unreasonable manner’ then you can apply to the Fair Work Commission.

Stimulus package for casual workers and sole traders

The government’s second coronavirus stimulus package is designed to provide relief for retirees and to assist workers who cannot find work as a result of COVID-19 restrictions.

If you have been affected, you may be able to access a “coronavirus supplement” of $550 a fortnight for the next six months.

The package also includes doubling the Jobseeker Allowance through the introduction of the coronavirus supplement – providing an extra $550 fortnightly. This will be available to workers who meet the income test.

From mid-April 2020, you can apply for early release of your super if you satisfy one or more of the following:

• You are unemployed
• You are eligible to receive a job seeker payment, youth allowance for jobseekers, parenting payment (including the single and partnered payments), special benefit or farm household allowance

• On or after 1 January 2020:
  • You were made redundant
  • Your income or hours have been reduced by 20 percent or more.

This will be capped at $10,000 this financial year, and $10,000 in the next financial year. The withdrawal of your super will be tax-free.

Income Protection Insurance

Many employees have an automatic Income Protection Insurance Policy. You may be able to access your Income Protection Insurance through your super fund if your balance is above $6,000. Contact your super fund to discuss your options and eligibility.

Further Information

For further information on employee entitlements during the COVID-19 crisis:

• Department of Treasury
• Fair Work Ombudsman
• Fair Work Australia

If you suspect that you, or someone you know, has COVID-19, call:

• Coronavirus Hotline on 1800 675 398
• Department of Health

      To register for the coronavirus supplement, login to:

• Mygov

by Elias Tabchouri, Principal Lawyer at Macquarie Law Group

As a lawyer accustomed to spending every working day in court I sit contemplating what the future holds for the legal industry. What is not in dispute is that the legal industry is an essential service and therefore must continue. The way it will proceed is the real question that many of us are still coming to terms with.

Different areas of law offer different challenges and solutions for the lawyers that practice within them.

Technology allows most lawyers to work on most of their matters from home. The days of requiring face to face meetings have been replaced by any number of different audio visual programs, alleviating the need to be in one room.

Lawyers that practice in areas that centre primarily on drafting contracts and agreements will find working from home a fairly simple transition of what they already do in their offices, to their homes.

All resources required are available electronically, as the days of requiring access to books left us some time ago.

In theory, then it seems that all can go on smoothly, or so it seems.

The courts have now implemented procedures wherein physical appearances are now the exception rather than the rule. All jury trials have been vacated in all jurisdictions. Local court hearings for defendants on bail have been vacated. All mentions and adjournments are essentially being done electronically without the need for lawyers to attend court.

There is currently being put in place procedures for lawyers to attend to matters requiring argument in court to be done via audio visual capabilities, with all parties in different locations.

Even the High Court has decided that it will not hear cases until August 2020.

We live in a different legal world. What the future holds will be dictated by what happens in relation to the COVID-19 virus. Lawyers, like the rest of the community, are now in the greatest fight they have seen in 100 years.

The industry will rationalise and probably make changes that will become the norm well after the virus is gone.

About the author

Since the start of his legal career, Elias Tabchouri has practiced in a number of areas of law including Criminal Law, Commercial Law, Property Law, and Family Law.  Elias founded Macquarie Lawyers in Parramatta with partners in 1998. In 2006, he left the partnership and opened his own branch office in Burwood called Macquarie Law Group. An expert primarily in criminal law, Elias has been recognised as an accredited specialist in the area by the Law Society.

In the March issue of BucketOrange Magazine, we chat with Nicola Martin and Chiara Rawlins from McCabe Curwood Lawyers in Sydney to answer some of the internet’s most frequently asked questions for small business owners and employers in the midst of the COVID-19 crisis.

What general obligations do business owners have to staff during the crisis? 

“At all times, employers owe an overarching obligation to ensure, so far as is reasonably practicable, the health and safety of all its workers, including volunteers, and a duty to ensure the health and safety of other persons is not put at risk from work carried out.  This requirement arises from section 19 of the Work Health and Safety Act 2011 (WHS Act), and includes an obligation for employers to identify risks at the workplace, and take whatever reasonably practicable steps to eliminate those risks.  In circumstances where it is not practicable to eliminate a risk, employers must take steps to minimise the risk.

Despite the unprecedented circumstances arising from the current coronavirus pandemic, it is important to remember that an employer continues to owe these general work health and safety obligations to its workers.”

Does an employer have a specific obligation to protect staff from coronavirus?

“As set out above, section 19 of the WHS Act imposes a general obligation upon employers to ensure the health and safety of its workers, so far as reasonably practicable.

To meet these obligations during the coronavirus pandemic, it is necessary for employers to adopt strategies to minimise the risk of employees being infected by coronavirus in the course of their work. 

What control measures are implemented will largely depend upon the specific circumstances of your workplace, and what work is being carried out.  However, it is generally recommended that steps such as the following should be taken across all workplaces:

• Actively monitoring news and government sources for updated recommendations and restrictions
• Ensuring employees are aware of the symptoms of coronavirus, as well as how and when to take leave
• Require employees to practice good hygiene, including frequent hand washing and limiting contact with others
• Updating control measures as and when necessary – the situation globally is moving quickly, and employers need to ensure they remain agile in developing and updating control measures

Employers should also ensure that any decisions made in response to the pandemic are not considered discriminatory for a prohibitive reason, with health and safety laws providing offences for engaging in such conduct.”

What are employer obligations to provide a safe workplace for all staff, particularly those who are immunocompromised? Is there a greater obligation owed to vulnerable members of staff?

“If an employer is aware of a medical condition that may place an employee at greater risk of contracting coronavirus or otherwise at risk of severe complications from coronavirus, such as if the employee is immunocompromised or has a chronic medical condition, the employer will have a general obligation to provide a safe workplace to that staff member. 

Once an employer is on notice of any underlying condition, this underlying condition must be taken into consideration when giving directions or instructions to that particular employee. 

For example, if an employee notifies their employer that they are immunocompromised, it may be best practice to allow them to work from home where possible in order to minimise any risk associated with performing work in the office during the pandemic.

In order to ensure that the employer’s expectations and directions to the employee are appropriate in the circumstances, it would be reasonable for an employer to request an employee to provide medical evidence of any underlying condition or medication that may place the employee in the “at risk group”.

Is an employer liable if an employee contracts coronavirus while at work? 

“If the exposure to COVID-19 occurred in the work environment the work exposure was a significant contributing factor to the COVID-19 diagnosis then an employee may be entitled to workers compensation (which is leave, which is paid under a workers compensation insurance policy). 

Given exposure to coronavirus can occur anywhere, and particularly as Australia sees an increase in the number of cases, it may be difficult to, in fact, establish that the exposure occurred in the work environment and that employment was a significant contributing factor. Note that workers compensation laws vary from State to State and Territory to Territory. An employer could potentially be liable under WHS laws if an employee contracted coronavirus in the work environment because the employer did not take reasonably practicable steps to eliminate or reduce the risks over which the employer had control or influence.”

Can an employer force staff to take leave?

“Generally, an employer cannot force an employee to take leave, however, there are some exceptions. Under the Fair Work Act 2009, an employer can direct an employee to take annual leave if it is reasonable in all the circumstances.

Examples of this are when a workplace is having a shutdown (usually over the festive period but it does not have to be just at this time) or when an employee has ‘excessive leave’. Employees who are covered by Modern Award and Enterprise Agreements may have specific provisions relating to these issues. For example, in some Modern Awards there is the requirement for employers to provide employees with a minimum of 4 weeks of notice for any shutdown.  

For long service leave, the ability of an employer to direct employees to take long service leave depends on the relevant State or Territory long service leave jurisdiction. In NSW an employer can direct an employee to take long service leave once the employee has over 10 years of service on the provision of 1 month’s notice.

An employer may also ask employees to take annual or long service leave in an effort to reduce costs as a measure to avoid job losses. In this type of situation it is up to the employee whether they agree to take the leave or not.”

What leave entitlements are employers obligated to pay staff in these circumstances?

“If an employee has contracted the virus, or is caring for a family member who has contracted the virus, the employee will be able to access their paid personal/carer’s leave. If the employee has exhausted all paid personal/carer’s leave, an employer could agree with the employee that they could utilise any other kind of paid accrued leave.

There remains the question of whether employees would be able to access their personal leave if they have exhausted their accrued annual leave and long service leave and are unable to attend work. Typically employees are not entitled to use personal/carer’s leave if they are not unwell or caring for a family member, however, some employers are allowing employees in this situation to access their personal given the unprecedented circumstances.

As noted above, if an employee is in self-isolation because of a government directive, but is not actually unwell, they would be able to access their annual leave during their period of absence from work.

However, if an employee is directed to stay at home by their employer as a precautionary measure, yet they are ready, willing and able to work, the employee should be paid their ordinary wages for their ordinary hours of work.

That being said, employers should explore whether the employee would be able to work from home in the first instance.”

Can employer prevent staff from travelling?

“Employers should be following Government guidelines when determining whether their staff should be permitted to travel. Most employers should be directing their employees to not undertake business-related travel to mitigate the risk of their employees contracting the coronavirus. 

With respect to preventing staff from taking personal travel, this could be considered a lawful, reasonable direction if the employer has concerns about their WHS obligations. In any case, the employee should be notifying the employer of any travel plans (even domestic ones) before taking any leave. 

We are seeing States closing their borders and international travel extremely restricted. On this basis employers issuing a direction that is in-keeping with the guidelines regarding social distancing and non-essential travel would be acting reasonably.”

Can an employer direct staff to work from home?

“Yes, in the circumstances this would likely be considered a lawful reasonable direction and it may well be unreasonable to require employees to attend a workplace if they could otherwise perform their role effectively from home.

However, employers should note that their WHS obligations still apply even when employees are working remotely. Employers should consider sending out working-from-home guidelines to employees (which, in effect, act as a shortened risk-assessment of the home work environment) so employees are aware of their own responsibilities to set up safe work practices at home.”

Can an employer direct staff to come to work? What if that person is immunocompromised, or lives with someone who is vulnerable?

“Potentially, but there is no one-size fits all answer. It very much depends on the circumstances. The situation is changing daily.

Unless there is a Government direction for us to remain away from work, not travel (unless essential) or to isolate or quarantine, it may be a lawful and reasonable direction to attend work.  

It will depend on a range of factors but the overarching duty for the employer is to take all steps reasonably practicable to eliminate, or if the risk cannot be eliminated, to reduce any risk.

Relevant considerations will be:

• Can the employee work from home?
• Why does the employer require the employee to attend the office?
• Does the employee work in essential services?

If the employee is immunocompromised, or lives with someone who is vulnerable, then an employer will likely need to adjust any general directions made to its workforce for these individuals.

As noted above, if an employer is aware of a medical condition that may place an employee at greater risk of contracting coronavirus or otherwise at risk of severe complications from coronavirus, such as if the employee is immunocompromised or lives with someone who is vulnerable, the employer will have a general obligation to provide a safe workplace to that staff member. 

Once an employer is on notice of any underlying condition, this underlying condition must be taken into consideration when giving directions or instructions to that particular employee.  For example, if an employee notifies their employer that they are immunocompromised, it may be best practice to allow them to work from home where possible in order to minimise any risk associated with performing work in the office during the pandemic.

In order to ensure that the employer’s expectations and directions to the employee are appropriate in the circumstances, it would be reasonable for an employer to request an employee to provide medical evidence of any underlying condition or medication that may place the employee in the “at risk group”.

If a staff member is being tested for coronavirus, should that person stay home until they receive their result, even if they feel otherwise well?

“Yes, an employee who has been tested for COVID-19 must self-isolate until the test results are known. Only if the test is negative will an employee be able to return to work.”

If a staff member tests positive for coronavirus, what are the employer obligations?  

“The employee must self-isolate for 14 days and cannot attend work during that period even if they are only displaying mild or even no symptoms.

An employer continues to owe WHS obligations to the employee and should do what they can to support the employee. The employer should allow the employee (if they are a permanent employee) to access their personal (sick) leave, assuming the employee has accrued paid personal leave and has provided appropriate medical evidence substantiating the absence.

If no paid personal leave is available, the employer should offer the employee the ability to use any annual leave or long service leave available. An employer may even consider offering some other type of paid special or isolation leave although not legally obliged to.”

What is ‘force majeure’ and can how can it affect small businesses?

“The expression “force majeure” refers to an event that was not contemplated by the parties when they entered the contract. A force majeure clause in a contract generally excuses “innocent parties” from performing their contractual obligations because a contractually defined event prohibits or thwarts contractual performance. Force majeure events that are commonly included in contracts include “acts of God” (extreme natural occurrences such as floods, tsunamis and earthquakes), strikes, riots, and acts of war.

Whether COVID-19 constitutes a force majeure event, thus entitling a small business to be excused from performing its obligations under a contract, will depend upon the specific wording of the relevant clause. The small business would also need to establish a causal connection between the emergence of COVID-19 and its ability to perform under the contract.”

Can the government force a business to close? 

“Yes, these powers exist at both a state and national government level.

In New South Wales, the Health Minister has powers under the Public Wellbeing Act 2010 (NSW) to put in place an order that businesses either operate in a restricted manner, or close entirely. At the federal level, similar powers exist under the Biosecurity Act 2015 (Cth), allowing the government to restrict all operation of businesses within a defined area (called ‘human health response zones’).”

Can the government force a business to stay open?

“As a matter of general principle yes, however, the relevant government powers are less specific than for business closures.

Under the Biosecurity Act 2015 (Cth) the Federal Health Minister has an extremely broad power, during a human biosecurity emergency period, to determine any requirement that he or she is satisfied is necessary to prevent or control the emergence, establishment or spread of a human disease in Australian territory. This would include a requirement to keep businesses open or ensuring businesses continue to operate “as normal”.

More specifically, for pharmaceutical or medical products businesses, there are provisions in the Therapeutic Goods Act 1989 (Cth) which operate to ensure stock levels and supply of products related to current health emergencies such as COVID-19. These provisions could be used to force businesses to stay open to guarantee this supply.”

What are the penalties for failing to comply with a government direction under the Biosecurity Act 2015? 

“There are various penalties within the Biosecurity Act 2015 (Cth) which depend on what sort of government direction is violated.

If the direction relates to disclosures or restrictions on entering Australia – the fine is currently $6,300.

If the direction relates to a behaviour or practice – such as mandated decontamination – the fine is currently $25,200.

If the direction established a human health response zone and required a businesses to close – the fine is currently $6,300.”

About the authors

Nicola Martin is a Principal at McCabe Curwood lawyers. She is a highly experienced employment lawyer and is experienced in representing clients in the Fair Work Commission, State Industrial Relations Commission, Federal Circuit Court and Federal Court as well as conducting mediations and conciliations. She has a particular interest in anti-discrimination and harassment issues.

Chiara Rawlins is a Principal in McCabe Curwood’s litigation and dispute resolution group. Her expertise covers commercial and general litigation and dispute resolution across a broad range of industries. Chiara has acted for major manufacturers, property developers, financial institutions, engineering companies and medium to large Australian and international businesses across a variety of practice areas. Chiara prides herself on working with her clients to achieve solutions tailored to their business and commercial needs.

Many young people seem to consider coronavirus to be a real impediment to their social life. I mean, how is dating going to work now?? Will we be FaceTiming dates over a dinner of supermarket ramen noodles? If you don’t like him/her, is it okay to just pretend that the connection was lost and to hang up mid-way through dessert?

What if you’ve just landed in an unexpectedly dreamy new relationship only to now find yourself abruptly “socially distanced” from that person?

On one hand, you can’t “self-isolate” together because one of two things will happen: either the virus will kill you, or you’ll kill each other.

On the other hand, being separated in the midst of the peak “honeymoon” phase, without knowing how long it will be before you can see each other again, is a formula for ample teen-style angst.

Will you survive the coming plague? If you do, will your relationship survive along with you? Before you go running for your Sia records, here’s some pro tips.

Play it kewl

Everyone is on edge at the moment. Don’t freak out. Or your partner will freak out.

Forget emotion; focus on facts

Keep it in perspective, dummy.

It sucks right now, but focus your attention on problems that you can solve. Like finally having so many delicious guilt-free hours to dedicate to your long-neglected project or side hustle.

You should probably also tend to your indoor plants that have been languishing ever since you selfishly decided to get a social life.

Accept the status quo

Yes, this has emotionally winded you, but it is temporary.

Don’t try to forecast the future. Just deal with today.

Disregard anxiety and “what ifs”

Nobody in the world knows what events will unfold tomorrow.

Don’t burden your brain with ‘what if’ scenarios, most of which, are likely to never eventuate.

The most you can hope to achieve during social isolation is to keep yourself sane enough for your significant other to still want to date your little butt once this is all over.

And with this in mind …

Get off the couch

Use this opportunity to get into the best shape of your life.

If you don’t have a post-pandemic 6-pack, you’re doing it wrong.

Technology. No brainer.

FaceTime, Skype, and Google Hangouts are about to become a big part of your daily routine.

How you choose to use them is up to you *awkward wink*

Worst-case scenario plan

If all else fails and your relationship happens to not survive the viral apocalypse, just consider how many new singles will be hitting the dating market.

Oh hey, post-quarantine divorcees!

Silver linings

While right now life is a challenge, consider it a great opportunity to test your resilience.

By sitting out self-isolation apart, you’re probably preserving the overall longevity of your relationship and giving it a better chance of survival in the long term.

More on BucketOrange Magazine

• 6 things to do before you potentially die of coronavirus
• What is the penalty for refusing self-quarantine?

Right. Well. Here we are.

World events over the last few months have left most of us feeling like a pancake that’s unceremoniously been flung across the room.

Since the coronavirus outbreak in November last year, our collective situation has not been well-situated (and by that, I mean that things have deteriorated fast). It’s been a cataclysmic chain reaction that has brought the globe to a grinding halt. Cities have gone into lockdown, thousands of people are dying or seriously ill, first-world health care systems are collapsing, a global recession is imminent, and small businesses – the tourism, hospitality, beauty, music and dental industries, in particular – are being hit hard.

On Thursday, Qantas announced that it is suspending all international flights until late May 2020. (You know things are bad when travel and sports are cancelled). And all this because some selfish little sod in Wuhan, China decided to lick a pangolin.

Overnight, the world has become a society of neurotic germaphobe shut-ins, where the mere thought of touching a door handle or elevator button now causes most of us to slip into a gentle seizure.

(See lead image)

So, if the end is nigh, what can, and should, we be doing to while away the countless hours of isolation stretching ahead of us?

1. Make a will

Ha, ha. Funny.

But seriously. Now is the time to stop procrastinating and to get it done. Making a will is the only way to ensure you decide what happens to your property and assets after you die. Otherwise, your money could end up being bequeathed to someone you never intended should get their hot little hands on it.

(Like that record player your irritating sister, Tracy, has been eyeballing for years … “Shut up, Tracy!”)

2. Make your brain werk for it

Netflix Party will only go so far.

Many Ivy League Universities and Australian educational institutions, such FutureLearn, have hundreds of free courses online. The ANU College of Law’s Juris Doctor degree is entirely online, as are many courses through Open Universities.

So … rather than spending your free time “panic googling” your symptoms, (or whether you can catch a virus through the walls of your house if your neighbour sneezes in their backyard) try to develop some skills that you can apply in your career or business once you’re free to gleek on other humans again.

3. Stay well-hydrated

When everything is uncertain, one this is certain.

Your long-time relationship with good friends gin, vodka, and whiskey. And if we’ve learned anything from China’s post-quarantine spate of divorces it’s that living in close quarters with family, especially young children, can be a traumatic experience.

Enter the humble quarantini and online cocktail making courses! Designated driving is a moot point when your bed is a mere 3 feet from the kitchen.

4. FaceTime your extroverted friends who are “social distancing”

If you are an extrovert, being isolated in the sensory deprivation tank of your house can feel like your psyche is slowly folding like a road map.

Most are looking to find a meaningful connection anywhere.

It’s a slippery slope from having long and involved powwows with pets over the morning news to justifying the need to stick googly eyes on appliances, milk bottles, and wall sockets, just so that the house seems more crowded and friendly.

Spare a moment and give them a call (not a text!). They need you right now.

5. Check your health insurance

While you may not need it, you shouldn’t risk it.

Is your policy up to date? Do you have ambulance and hospital cover? In the case that you do need to be hospitalised for an extended period of time, you don’t want your resulting medical bill to sting more than the harsh light of day once you leave confinement.

6. Continue to support small businesses

Right now, small businesses in Australia are arguably suffering most from the coronavirus crisis.

Many are now facing impossible decisions about laying off staff, innovating to ensure their survival, living without an income for up to 6 months or even making the decision to close entirely.

Support your friends who are running businesses. Contact them regularly. Offer any assistance you can. If you’re a lawyer, volunteer free legal advice on issues they are unexpectedly facing, like how to go about negotiating a reduction or suspension in lease repayments with landlords.

If you are feeling well, continue to see your local hairdresser and dentist. Most small businesses have developed coronavirus policies and procedures that include strengthened hygiene measures in an effort to ensure the safety of staff, clients, and patients.

Most importantly

(at least for the next few months)

More on BucketOrange Magazine

• How to think like a lawyer (even when you don’t have a law degree)
• How to argue like a lawyer
• How to argue like a lawyer vol 2

Recent research has shed new light on the critical importance of providing mentally healthy workplaces for business professionals in 2019.

New data from the Australian Bureau of Statistics reveals that mental and behavioural health conditions were the most prevalent chronic illnesses recorded throughout Australia in 2018, leaving more than four million Australians suffering from anxiety and depression.

With workplace mental illness costing the economy over $60 billion per year, it’s time that Australian businesses start to focus on investing additional resources on the development of effective mental health workplace strategies.

Founder of Breathing Space Counselling Practice, Gabriel Edwards, says

CEOs and executives have the greatest influence and impact on the state of an organisation’s mental health and wellbeing, and are rightly required to drive the many mental health initiatives being rolled out across a growing number of organisations.”

In many organisations, however, ongoing stress, late nights and a lack of adequate support can contribute to poor mental health outcomes for senior staff and leaders. Research shows that CEOs and Executives are loathe to utilise standard company EAP services when (not if) they need support. They don’t trust the confidentiality of a company-wide counselling service – an irrational but understandable fear – and they lack confidence in the ability of some call centre counsellors to understand the unique context that Business Leaders live and work within – a reasonable assumption. However, Ms Edwards says:

The top team must live and breathe a commitment to the principles that support and enable positive mental health … they’re the role models for all values and behaviours throughout an organisation.” 

The Australian Government and Productivity Commission have confirmed the importance of exploring the role of mental health in the Australian economy over the next four years as well as the most effective ways to support and improve national mental wellbeing.

I welcome the recent wave of awareness and support for mentally healthy workplaces. The discussions, the programs, and funding being applied to creating mentally healthy workplaces is encouraging, especially given Australia’s concerning suicide rates. But I worry about the gap in support and resources for our top-tier leaders” says Ms Edwards.

Having provided support and treatment to senior leaders and CEOs across Australia, Gabriel Edwards is well-versed at creating healthy work environments, starting with the CEO and Executive team:

As a counsellor specialising in working with high performing professionals in the business arena, I provide a safe confidential space for leaders to drop the game face. To stop, check in, and reflect on the state of their health, their relationships, and their peace of mind.”

Breathing Space offers an exclusive counselling service and a range of resources to Boards,
CEOs and their teams:

• One on one confidential counselling for issues such as depression, anxiety, grief, anger and career transition, as well as coping with the pressures of work when faced with a life crisis such as divorce, death of a family member, illness etc
• 24 hour on-call crisis counselling
• Crisis debrief for individuals and Leadership Teams
• Coaching leaders to manage crisis situations with employees
• Regular tactical debriefing for leaders managing complex high profile issues/crises
• Developing robust leadership team mental health: developing values, creating positive relationships, conflict resolution etc.
• Bespoke learning experiences and resources to address issues and topics specific to the team and/or the organisation
• Creating mentally healthy workplace strategies – starting with the leadership team
• Tracking and Reporting team and organisation issues and trends.

Into the Wild

In September every year, Gabriel runs a Leadership Mental Health retreat called ‘Into the Wild’
specifically designed for Leaders. Into the Wild embraces and explores the following core belief
within a natural wilderness setting:

You are more than the job you do each day…more than the next deadline, project or
problem. When we embrace this truth, we become better professionals!”

Further Information

For a confidential counselling session, contact Gabriel Edwards, Founder and Principal Counsellor at Breathing Space:

• Phone: +61 4085 56264
• Email: space@gabrieledwards.com.au

Gabriel Edwards possesses strong counselling skills and 25 years senior leadership and Board experience across the private, public and NFP sectors.

What power does a logo hold? You may see hundreds in a day, yet only a handful are visually compelling enough to stick with you for longer than a moment. Particularly for industries that are not design-focused, logos can seem like an afterthought. That’s often the case in the legal world where firms tend to stick to a tried and true formula: a name in a “no-nonsense” typeface, usually rendered in a single, solid, muted colour. But don’t be fooled by this utilitarian theme: a logo still says much more about your firm than you may realise.

The colours chosen for a logo significantly influence our subconscious perceptions. When you consider that 93% of purchasing judgments are made on visual perceptions, it’s no surprise that colours can subliminally convince prospective clients that your firm is the best choice out there.

To unpack the psychology behind a firm’s colour scheme of choice, 99designs analysed a range of design projects created on the platform to identify the logo colours and brand traits preferred by legal industry clients. We then compared these against the colours that global industry leaders use to figure out what’s going on behind the scenes of some of the world’s biggest firms. Whether it’s giving off an air of quiet sophistication or promoting power, youth and vitality, here’s what the colour of your logo says about your law firm.

Keeping it simple 

It makes sense that lawyers want to be perceived as professional, discreet and sophisticated, so it’s no surprise that an austere, minimalist aesthetic features heavily in the logos of leading law firms.

These top firms have a preference for logos with a single dominant colour, and either a neutral secondary colour or no secondary colour at all. When secondary colours are used, they’re usually neutral: think black, whites and greys that let the dominant colour do the talking.

Smaller firms are more willing to experiment with wider and wilder colour palettes, branching out in hues of two or more different shades. For younger or more niche firms this could be a way to communicate a more progressive and modern edge.

Modern classics

Often, there is a tug of war that occurs over how law firms perceive themselves, and how they wish to be perceived by potential clients.

Somewhat contradictorily, firms tend to have a preference for coming across as both classical and youthful. This can, in part, be put down to a desire to impart a sense of modernity amid the years of history and tradition that underpins the legal industry.

The colour red

The relative popularity of red in legal logos may be attributed to a desire to inject a sense of vigor into the staid tradition of the legal profession. Almost one-fifth of 99designs clients and legal industry leaders opt for this vibrant hue in their branding. It’s a passionate colour, and one often associated with youth and vitality. It’s also a colour signifying power and carrying connotations of strength and victory: a suitable signifier for the adversarial nature of the legal profession.

Blue is the professional’s choice

Among 99designs’ legal clients, blue comes out as favourite making an appearance in 63% of legal logos. Light blue signifies trust and dark blue represents professionalism, so it’s little wonder that this colour palette is popular with firms looking to add a touch of sophistication and credibility to their operations.

However, blue isn’t just the most popular logo colour choice for legal clients – it is a favourite among all industries.

The below graph compares the most popular law firm logo colours among 99designs’ legal clients, legal industry leaders and across all industries.

Data visualizations designed by MH Designs.

The colour black

Black is another popular choice: present in just under a fifth of legal logos. The colour is sleek, modern and commanding: everything a top-tier firm should be.

The colour green

Green is another popular choice, appearing in over a quarter of legal logos created on 99designs. It’s a versatile colour that is vibrant and youthful, but still signifies growth, rebirth and prosperity.

Choosing the right colour for your firm

So now that you understand the importance that colour plays in the perception of your firm, how will you create a logo that fits with the image you want to portray?

The design and colour scheme of your logo will come down to your firm’s unique personality and brand.

If your brand veers towards masculine rather than feminine, colours like brown and dark blue will reflect this to prospective clients. If you’re looking to hit a serious tone in your branding, consider colours like blue and black to give your firm a sense of gravitas. These colours also project luxury and sophistication. If you’re looking to appeal to a mature market, dark blue is a no brainer.

If you seek to inject a sense of freshness and modernity into your firm’s culture, opt for green hues. However, if you want to stand out from the crowd, a powerful, red will convey power, energy and vitality.

In an industry that favours rationalism and reasoning over impulse and intuition, even the simplest logo has the powerful ability to appeal to the subconscious emotional responses of other legal industry players, as well as future clients. Intentionally or not, your law firm’s logo speaks volumes about how your firm is perceived, and it is a decision that should be made with care.

WARNING: This article contains graphic content and descriptions of sexual violence. Reader discretion is advised.

The TV series, “13 Reasons Why” was released on Netflix in March 2017 to a storm of criticism and backlash from experts, parents, and teachers. Everyone seemed to have an opinion on the series … and that is significant.

It got people talking about suicide, suicide prevention, suicide rates, and suicide strategies. The series held up a mirror to society and, through its graphic depictions of suicide, sexual assault and bullying, it brought subjects that many still consider taboo, into mainstream dialogue. Whether you like the show or not, it has generated a strong reaction and this is precisely what it was created to do.

The show centres around the character, Hannah Baker, a teenager who we learn has committed suicide and left 13 audio tapes that recount her story – the “13 reasons why” she has taken her life. We follow the journey of protagonist, Clay Jensen, as he listens to the tapes and learns more and more about Hannah, one of his so-called closest friends. The show covers very heavy, but very important topics that affect teenagers today.

It is easy to see why the show has sparked such widespread controversy and criticism. Towards the end of the first season, we see the moment Hannah Baker takes her own life. It is graphic, brutal and harrowing. Initially, Mental health groups and child psychologists slammed the show’s portrayal of suicide on the basis that it romanticises the act and could inspire teenagers to commit suicide.

Creators of the show defended the decision to show Hannah committing suicide. Writer Brian Yorkey said:

We worked very hard not to be gratuitous, but we did want it to be painful to watch, because we wanted it to be very clear that there is nothing, in any way, worthwhile about suicide.”

The effect of the series was tangible. Google searches relating to suicide – both prevention and ideation – spiked by 19% for the 19 days following the release of the series compared to the days immediately prior to its release. Headspace experienced an increase in calls where the impact of the show on the mental health of callers was specifically mentioned.

Thematically, the “13 Reasons Why” is not breaking new ground

Teenage suicide is not a new concept in television, film or literature.

In the 80s, “Degrassi Junior High” explored the gamut of controversial themes from domestic violence, drug use and teen pregnancy to alcohol abuse, safe sex, and the suicide of classmate, Claude Tanner.

In the 90s, Heartbreak High and Beverly Hills 90210 filled similar roles in exploring very real and important teen themes such as bullying, harassment, addiction, depression, and suicide.

More recently, “The Virgin Suicides” movie was released in 1999. The film follows the lives of five high school-aged sisters who plan and carry out a suicide pact.

Similar to “13 Reasons Why”, the story of “The Virgin Suicides” is told from the perspective of those left behind as they struggle to understand why.

The 80s and 90s are, however, a far cry from the social media-fuelled world that teenagers now live in.

While many adults have argued that “13 Reasons Why’s” graphic depictions of violence, assault, sexual assault, and bullying is grossly irresponsible, teenagers have continued to watch the show in droves. This is because many young viewers can relate to the show’s themes, having experienced similarly horrific acts of bullying or harassment themselves.

As parents, teachers, and counsellors have not grown up surrounded by social media and its impact, arguably, the show’s content is confronting to adults in a way dissimilar to that of high schoolers.

Tracy Kirk, an Interdisciplinary Researcher into Child and Adolescent Rights, watched the series after being urged by a 16-year-old student. She said in an article to The Conversation:

“The issues highlighted will horrify parents … but these are issues many young people are experiencing. And some parents may simply not be aware of it”

For the last few years, youth suicide rates have been stable in Australia. Up until 2016, according to the ABS, 2.3 suicides per 100,000 persons aged between 5-17 years have been recorded. In 2012, there were 2.1 per 100,000.

Statistics from 2017, the year “13 Reasons Why” was released, has not yet been published.

13 Reasons Why is not the problem

The problem of youth suicide is not born out of the release of the series “13 Reasons Why”. Youth suicide has been a growing problem both in Australia and internationally for many years.

In 2012, I spoke with Windermere Child and Family Services, a community group based in the electorate of Casey in the south-east suburbs of Melbourne. The area had experienced a high number of youth suicides, many as a result of suicide “pacts.”

The suicide program ASIST (Applied Suicide Intervention Skills Training), was developed and implemented in schools. Bronwyn Owen, a Project Manager at the time said suicide is:

“So frightening to talk about, so people don’t talk about it and hope it goes away, but as we’ve seen, it’s not going away.”

The ASIST program is still listed on the Windermere website and has trained over 5,000 parents, carers, teachers, medical professionals, students and friends since its inception in 2011.

A mechanism to raise awareness 

In May 2018, the second season of “13 Reasons Why” was released and it has become a tool for awareness.

In Australia, Netflix collaborated with Headspace to develop resources and warnings before the show aired. The site 13reasonswhy.info provides crisis numbers and resources in 62 countries. The Australian content is extensive given the collaboration with Headspace. Resources include discussion guides and videos featuring the cast, speaking as themselves, on the issues they depict.

Interviews with everyday Australians about their mental health stories are also featured.

Controversy continues

The second season continues to be graphic and controversial.

Challenging yet another issue in its characteristic unrestrained fashion, one scene involving student photographer, Tyler, has sparked outrage yet again.

Tyler, who is the victim of bullying in both seasons, experiences his head shoved in a toilet by three students who go on to sodomise him with a mop handle. It is shocking and horrific to watch, but Yorkey has again defended the graphic nature of the scene in an interview with Vulture:

As intense as that scene is, and as strong as reactions to it may be, it doesn’t even come close to the pain experienced by the people who actually go through these things.”

It may be easy to accuse shows like “13 Reasons Why” for an increase in suicide, self-harm and risky behaviour by teenagers, however, suicide rates have been steadily growing for years, particularly in the 20-24-year-old age bracket.

Statistics as far back as 2010 highlight that 24% of male deaths (between the ages of 15-24 years of age) are due to suicide.

Many still consider the topic of youth suicide to be taboo. The value of “13 Reasons Why” is that it has changed this by challenging our preconceived ideas and forcing the community to confront the issue and talk about it.

While the number of google searches went up 19% after the series launched, it is significant that many of those searches were about suicide prevention.

The show was designed to be a mouthpiece for issues which have been ignored, and the graphic content and harsh delivery have been successful in promoting discussion.

Season one broke records being the most discussed TV Program on social media in its opening week. In its first week, the show clocked up 3,585,110 tweets. This means that 3,585,110 people were starting conversations, opening up, and discussing a difficult and painful topic. It also encouraged many people to reach out and seek help.

A platform for change

“13 Reasons Why” is an opportunity for schools, parents, and friends to start a dialogue with the young people they know. The show provides the impetus to start talking and to find help in the right places.

When you stop to think about it, one of the most famous pieces of literature, often taught at high school, centres around youth suicide. It is talked about as one of the greatest love stories ever. The names of this couple move in popular culture with a reverence for their passion and devotion to one another. The term “star-crossed lovers” was born from their tragedy, and their story is echoed as a literary masterpiece.

“13 Reasons Why’s” character, Hannah Baker, cuts her wrists in a bathtub and viewers watch as she bleeds to death. Romeo & Juliet drink from a poisonous vial while they speak of their love for one another.

Only one of these stories romanticises teen suicide.

Further Information

If you, or someone you know, has been the victim of sexual assault:

Local police assistance line: 131 444

• New South Wales
• Queensland
• Western Australia
• Australian Capital Territory
• Victoria
• Tasmania
• South Australia
• Northern Territory

Get in touch with a counselling service:

• National Counselling Helpline: 1800 737 732 (1800 RESPECT) (National)
• Beyondblue – 1300 22 4636 for free counselling and support
• Headspace
• MensLine Australia — 1300 789 978 for support and advice for men
• National Sexual Assault & Domestic Family Violence Counselling Service
• Sexual Assault Services Throughout Australia
• Reach Out
• Centre Against Sexual Assault

A purpose-made CV and cover letter from beyondblue provides Australian businesses with skills to create mentally healthy workplaces!

beyondblue has launched its fourth Heads Up campaign by responding to a series of live job advertisements to give Australian businesses the tools to create mentally healthy workplaces.

More than 12 million people spend one-third of their week at work and 1 in 5 employed Australians experience a mental health issue. The imaginative campaign enlivens the traditional hiring process by engaging managers and professional leaders in a surprising, yet simple way.

This year’s Heads Up campaign ensures HR professionals and business owners have the information and tools to foster a mentally healthy work environment. The information is presented in a handy CV and cover letter application, which outlines the nine attributes of a healthy workplace.

beyondblue delivered the ‘mock’ job applications to companies currently hiring across HR and recruitment, management and telecommunications, health and education, media and publishing, and finance and law.

Heads Up takes an educational approach to workplace health – and this year is no different,” says beyondblue CEO Georgie Harman.

We’re excited to see the recipients’ reactions to our ‘mock’ job applications from beyondblue. It’s an engaging and creative way to bring a serious and hugely important topic into conversation.

Heads Up is for big and small businesses alike, from sole traders to multinational corporations. No matter the business size, the role of leaders is crucial to create and sustain positive mental health.

Through Heads Up, we also have a host of online materials, backed by evidence-based information, tools and resources to help businesses manage mental health and employee wellbeing.”

Heads Up has accessible resources for employers, employees, managers and small business owners.

Further Information

To find out more, visit headsup.org.au

Download your copy of Developing a workplace mental health strategy: A how-to guide for organisations.

To learn more about beyondblue, visit beyondblue.org.au.

If you, or someone you know, needs to speak with a mental health professional contact beyondblue’s free Support Service.

• Phone 24/7 on 1300 224 636 or
• Online chat at beyondblue.org.au/get-support (3PM – 12AM AEST)

The 2018 ALPMA Summit is the largest legal management conference and trade exhibition in the Southern Hemisphere.

Join more than 350 law firm leaders and managers and 50+ market-leading vendors from across Australasia in Sydney for an action-packed three days of intense professional development, networking and fun!

The 2018 ALPMA Summit brings together senior legal management professionals, world-class industry and subject-matter experts and leading industry suppliers to hear about best-practice, find out what is new, share experiences, make contacts and have fun.

Who?

The Australasian Legal Practice Management Association, (ALPMA), is the peak body representing managers and lawyers with a legal practice management role. ALPMA provides an authoritative voice on issues relevant to legal practice management. Members of ALPMA provide professional management services to legal practices in areas of financial management, strategic management, technology, human resources, facilities and operational management, marketing and information services and technology.

What?

The Australasian Legal Practice Management Association (ALPMA) Summit 2018.

The theme of this year’s Summit:

Shaping the future firm – it starts with you.”

Registrations for the Summit are now open! Early bird registrations close on Tuesday, 31 July 2018.

When?

Wednesday, 19 September to Friday, 21 September 2018.

Where? 

International Convention Centre, Sydney, Australia

More Information

The full conference program is available here: http://alpmasummit.com.au/program

• Website: www.alpmasummit.com.au
• Contact: info@alpmasummit.com.au

This week we caught up with Sam Flynn co-founder of Josef Legal to talk legal innovation, law tech and how his new legal chatbot builder, Josef, is set to increase access to the law for the general community.

What is Josef and how does it work?

“Josef is a digital lawyer backed by a chatbot builder.

On our no-coding-required platform, legal organisations can build and launch their own chatbots without the need for expensive developers. These chatbots can help people resolve a legal problem, including by preparing a personalised document for them (such as a letter or agreement). Because all of these interactions are automated, it allows legal organisations to provide their services at scale.”

How did the idea for the platform first come about?

“Josef was borne out of a meeting in late 2016 with the heads of the major community legal centres in Australia. We were invited to help figure out how technology could be used to deal with access to justice issues.

The answer that we arrived at was a legal chatbot that could provide legal information and assistance to help people resolve their own legal problems.

That soon evolved into a chatbot builder which any legal organisation could use to build their own bot.”

What problem has Josef been developed to help solve?

“Josef was developed to bridge the access to justice gap.

This problem is demonstrated by the fact that of the 8.5 million Australians who face a legal problem every year, only 4 million seek any kind of legal assistance. The problem is worse in the US and the UK, where we are also operating.

For our business clients (such as law firms), this also represents an enormous latent market and an extraordinary opportunity which can be captured by using Josef to automate and scale services, streamline their organisations and connect with clients.”

What is Josef’s potential utility for community legal centres and law firms?

“Josef’s utility is to allow legal organisations to automate and scale legal services, streamline their organisations and connect with potential and current clients.

For community legal centres, this allows them to help as many people as possible, particularly in the face of a disconnect between increasing demand and decreasing funding. For law firms, this allows them to help more people while also letting them access a huge, unaddressed market, which in the US alone is valued at USD$50B.”

How can members of the public use your technology to find legal answers and who ensures the accuracy of legal information supplied?

“The content of the chatbots is developed by the community legal centres and law firms that build them. In this way, Josef brings expert legal knowledge to end users.

At the moment, all chatbots will be launched by the community legal centre or law firm, such as onto their website.

The first chatbot that has been launched on Josef is Health Complaints Assist.

This is a free chatbot which helps users make a complaint about health services, including by automatically drafting a letter for them! This chatbot is improving health services, one experience at a time, and could help thousands of people each year.”

What sort of reception has Josef received among the legal industry? Has the response surprised you? 

“We have had an extraordinary response from the legal industry.

In a few short months, we have signed up clients across Australia, the US and the UK, from CLCs to a large fintech company in New York.

Some people have found this surprising, because the legal industry is renowned as a conservative industry. However, we think it makes perfect sense given the ongoing conversation about the need for the legal industry to technologise and modernise and the fact that it doesn’t make sense that so many people are not getting the legal help they need.

We have the legal expertise, and now we have the technology, so why wouldn’t we help them?”

What are a few long-term goals that you would like to achieve?

“In the long-term, we want to change the way that legal services are provided to ensure that people get help whenever and wherever they need it. We want to get to the stage where people who have a legal problem seek legal assistance, just like people who have a health problem see a doctor.”

What are the cost implications for users?