An Interview with Human Rights Barrister Gayann Walker
It’s interesting because I think so much legal work actually touches on “human rights.” Specifically, I began appearing on behalf of disabled individuals when I was still living in the United States, some 15 years ago. At that time, the American disability system was so broken, it could sometimes take 2 years to get a hearing. More than one occasion, I ended up attending the hearing alone because tragically my client had passed away during the wait for the hearing. This type of outcome has fuelled my desire to continue to serve.
In Australia, I’ve represented people who have been abused in State care or at the hands of relatives. I also spent a number of years appearing on behalf of the State in matters involving the best interest of children. In these child protection matters, advocates for the State play a quasi prosecutorial role which has gotten me interested in other regulatory areas such as NDIS.
What are some of the major human rights issues that arise in your areas of practice?
People may not understand the sheer volume of cases that go before the Children’s Court of Victoria each year. It is not uncommon for just one Court to hear some 40 matters in a day. Not only is this work driven by the Children, Youth and Families Act 2005, but there are so many other feeder documents leading into this legislation, including the Charter of Human Rights. In this area, forced marriage is a very common protective concern. There is a challenge of balancing the freedoms afforded to Australians under the Charter with the legislation allowing the State to enforce its protective powers over children who are or may be at risk.
How do you think a young lawyer/law student should prepare for a career in human rights?
Obviously, apply yourself to your studies and take appropriate elective courses to give yourself the background you need. Recognise that human rights is an incredibly broad field. Reflect on where you want to make a difference. You may consider trying to shadow someone who works in the area, but try and get a wide range of experience: government, NGO, lawyers in private practice. That way, you get to see the full picture and how each role fits within the particular frame work of its area. For example, if you are interested in migration, you may want to see not only lawyers acting for individual asylum seekers, but also the government lawyer (to understand its perspective) and possibly an organisation like the Asylum Seeker Resource Centre. Having a broad platform of experiences and understanding will give you a really good perspective.
Also, build all the resilience you can - this area of law is not for the faint hearted.
If you could write a letter and mail it to yourself during your early legal career, what advice would you give?
Pace yourself; a legal career is a marathon, not a sprint. You want things to happen quickly: to land that first job, to get promoted, to land that client you’ve always wanted, not to mention personal goals (partner, house kids, etc). Having ambitions and drive are important, but equally important is taking care of yourself. If you try and do too much, too quickly you will burn out! Prioritise your goals, set plans and stick to them. This will give you integrity within yourself which will reflect to those around you.
Another piece of advice that I know now, that I wish I had considered then - your circumstances don’t cause your feelings, your thoughts do. If you can change your perspective, most situations (and indeed the human experience) will be a lot more pleasant for you.
