I thank the Australian Broadcasting Commission and the Law and Justice Foundation of New South Wales for providing me with this excerpt from the film series DIY Law - "Secrets and Lies."³

At this point Ms Asprey showed a short excerpt from a 30 minute film. It told the story of Sokkun Yamamoto, a political refugee from war-torn Cambodia, living in Australia since 1998. She had applied to the Department of Immigration to sponsor her elderly mother to come and live in Australia, but her application was rejected. Sokkun appeals to the Migration Review Tribunal. Sokkun conducts the appeal herself, but when it comes time to receive the verdict, it comes in a form that she cannot understand, and she is forbidden by court procedure to ask question of the Tribunal member.

For me, apart from the Tribunal member's Cheshire Cat Grin as she walks away up the corridor, the most chilling moment of the film is when Sokkun has to sign the document containing the decision - a decision that she does not understand.

The film I just showed highlights that it is not just the language of the law that needs changing, but the whole way the decision is given to the applicant. It is not just how the decision reads, but the way you find out if you have won or lost. Surely that is the most basic requirement of all. It is a matter of justice, and a matter of consumer rights too.

Now Australian courts have already begun to recognise this, and to act. Efforts are bring made, particularly by Family Court of Australia and the Judicial Commission of NSW, to improve judicial communication. And we have a new Judicial College of Australia just starting up now.

But it really is just beginning. As you can see from the film, the courts and tribunals need help. They need to see what other jurisdictions are doing, so I want to collect material. Please, if you see me after this and you have any information to share, I'd love to speak to you. Introduce yourself to me and we can talk. But, for now, thank you for listening.

Michèle M Asprey
September 2002