GRATA FUND IIMMPPAACCTT RREEPPOORRTT.. 22001199--22002200 PEOPLE POWERED JUSTICE E O R A N A T I O N We acknowledge the Bedegal people who are traditional owners of the land on which we work. We pay our respect to the tens of thousands of years of stories and community life that has thrived in the Eora Nation and to the Elders past, present and emerging. This always was, is and will always be Aboriginal land. Grata Fund is grateful to be supported by UNSW Law Publication date: 10 November 2020 Grata Fund Limited ACN 605 441 638 UNSW Law Building, UNSW Sydney 2052 NSW P a g e 1 T A B L E O F C O N T E N T S About Grata Fund 02 Executive Director's Note 03 Democracy The Palace Letters 13 Covid-19 and Democracy Select Senate Committee 15 Report - In Democracy we 16 Human Rights Trust: Accountability in the Refugee Rights and Covid-19 05 Time of Covid-19 Disability and the Right to 06 Report - Australian Courts: 17 Education How a Global pandemic Build our Launchpad to the Future Dignified Rental Homes for 08 Firs Nations Peoples Covid-19 Law Monitor 16 Uranium-Free Drinking Water 11 Integrity Measures for the 17 National Covid Coordination Commission Policing of Covid-19 Measures 17 In Honour of Mr Conway and his 18 Late Wife Thank You 19 P a g e 1 A B O U T G R A T A F U N D Grata Fund supports people and communities to advocate for their legal rights. We do this by removing the financial barriers that prevent test cases in the public interest from getting to court. Our areas of focus are democracy, human rights and climate change. For further information about Grata Fund visit www.gratafund.org.au P a g e 2 N O T E F R O M E X E C U T I V E D I R E C T O R This year we had the great honour of Parliament, tracking discriminatory policing working to support communities facing practices and over-policing of protests. injustice and civil society to bring the sort of circuit-breaking litigation that is made This has been an unusual year to say the possible when the eye-watering financial least. barriers to court are removed. With the support of you - the Grata Community - we We have lurched collectively from have been able to develop and/or fund catastrophic climate change induced ambitious, strategic cases and integrated summer bushfires, to a global pandemic, and campaigns that have the potential to create an associated social and economic crisis. All significant systemic change; have been the while watching the seams fray on many identified by affected communities, of our democractic institutions. It can, at community legal services, advocacy groups times, feel hard to see the path forward and civil society as the areas of greatest need; through so much suffering and through such and complement the work undertaken by great challenges. our partner organisations or fills gaps in their gaps. We are so grateful for the support of the Grata Community, supporting communities This year we backed in remote First Nations to use the power of the court to stop communities, refugees, and people living systemic injustice, hold government and with disability to build the power of their corporate leaders accountable to the law, communities and successfully challenge and make Australia a fairer, kinder place. injustice in court. During Covid-19, we also began to fulfil Grata’s promise to fill a gap in Thank you to our supporters and every the legal advocacy structures in Australian individual and organisation who has worked democracy. We launched the Covid-19 Law with us to make this possible. Monitor website to track pandemic measures introduced by Australian We are so excited to share this report with governments that impact civil liberties and you, and for what lies ahead. freedoms. We released two key reports: In democracy we trust: accountability in the time of Covid-19 and Australian Courts: How a pandemic built our launchpad to the future. Sincerely, Isabelle Reinecke We led and collaborated with the sector on Executive Director & Founder the establishment of a Senate Select Committee, the reinstatement of Federal P a g e 3 HUMAN RIGHTS R E F U G E E R I G H T S A N D C O V I D Legally challenging the detention of refugees at risk of Covid-19 Grata worked with the Human Rights Law Centre on behalf of some of the 1,400 women, men and children that are in detention who described themselves as "sitting ducks" for Covid-19. Asylum seekers and refugees have escaped conflict, persecution, war or terror. Many are survivors of torture and trauma. Some also have underlying health issues including diabetes, hypertension or other respiratory issues that put them at serious risk of contracting Covid-19. The Government knew that people trapped in close confinement to others, sharing rooms, eating in food halls and having lots of interaction with staff are at serious risk of contracting and spreading Covid-19, let alone those with serious pre-existing physical and mental health conditions. The Government’s own Department of Health advice said that people locked in refugee detention are at the highest level of risk for contracting Covid-19. The Grata community enabled a legal challenge against Peter Dutton and the Department of Home Affairs on the basis that they breached their duty of care by not providing conditions where individual refugees could physically distance. One plaintiff had fled danger in 2013 to seek safety in Australia. He was placed on Manus Island and had recently been medically transferred to Australia because of multiple health conditions. His health issues meant he was in danger of death in confinement. Grata will continue to use the power of the courts to protect and advance the rights of Asylum Seekers and Refugees. Image: Refugees protest detention conditions during Covid-19 in Brisbane. P a g e 5 HUMAN RIGHTS D I S A B I L I T Y A N D T H E R I G H T T O E D U C A T I O N nurturing environment for all children. That's Upholding the right to education for children why Grata Fund worked with Hannah, the on the Autism Spectrum and with disability mother of an 8-year-old girl, Catherine, who had suffered from discrimination at her Discrimination in education is an all too primary school and the expert lawyers at the common experience for children with Pubic Interest Advocacy Centre (PIAC). disabilities in Australia. The consequences can be dire and put kids back in their educational When a school becomes aware that a child development, distance them from their peers has a disability they are required to develop an and important social development Individual Education Plan (IEP) in consultation opportunities and have devastating effects on with the child's parents and specialists. their mental health and sense of belonging.School should be a happy and Image: Hannah and Catherine “Thank you Grata supporters, because we couldn't have done this without you.” Autism advocate and human rights defender Hannah with her daughter Catherine. P a g e 6 Plans should have strategies and extra Many children on the autism spectrum support measures that can be implemented require additional support throughout their at school and at home so that the child has education, yet 96.7% have some form of the support they need to thrive. educational restriction. Hannah said that she wants to prevent what happened to her This did not happen for Hannah's daughter daughter from happening to other kids so she Catherine. The school had failed to engage took her case to the Federal Court with the meaningfully with Hannah's parents and support of the Grata’s community. specialists about her autism and the types of support necessary for her to thrive. In 2019, The case reached a settlement in July 2020, Catherine was suspended and later expelled with the School agreeing to measures to from her school for being 'disruptive' to other better support children on the Spectrum. This students. After launching a complaint with includes disability awareness training for staff, the Australian Human Rights Commission and a comprehensive review of the behaviour thematter was unresolved because the school management policy that reflects best refused to attend the conciliation. practices in educating students with disability. Hannah and Catherine’s experience is not unique. It is widely recognised that schools The settlement is significant as it highlights simply ignore enrolment applications from the needs for all schools to provide accessible such students or attempt to suspend or expel and equitable access to education for all them rather than provide additional care and students, including students with disabilities. support. There are 106,600 young people on It also demonstrates the power of litigation as the spectrum attending school or another a tool to catalyse change. educational institution in Australia. P a g e 7 HUMAN RIGHTS D I G N I F I E D R E N T A L H O M E S F O R F I R S T N A T I O N S P E O P L E Defending Indigenous Housing Rights in the Northern Territory Jasmine Cavanagh, an Eastern Arrente woman and young mother living in the remote community of Santa Teresa, NT, and 69 other households have been fighting for 400 urgent repairs to their rental properties since 2015.