Labor MP Mark Dreyfus’ candid return to alma mater

Volume 11 Number 5 May 11 - June 7 2015

Andy Walsh speaks with Law alumni, former Attorney General and politician Mark Dreyfus about his views on Australia on the international stage.

The Abbot Government’s attack on Gillian Triggs, President of the Australian Human Rights Commission (AHRC), earlier this year was an unfortunate incident that should never have occurred, according to Member for Isaacs and Melbourne Law School alumnus Mark Dreyfus QC.
Mr Dreyfus shared this view in the lead-up to delivering a student-organised presentation at his alma mater on public governance and how Australia is faring internationally last month.
He was critical of the personal attacks on Ms Triggs following the release of the AHRC‘s report on children in detention.
“There is a reason we establish independent bodies; they are not courts, they are not tribunals, but these are independent bodies which are given a statutory charter to investigate or check against international standards,” he says.
“(The AHRC) has to be allowed to fulfil its charter, to judge the actions of the Australian Government against international human rights standards. So when it does its job, the Government might not like its outcome, it might disagree with the conclusions that have been drawn, but it shouldn’t do what this Government has done, which was to attack the independent body doing its job.”
Interestingly, Ms Triggs taught Mr Dreyfus international law during his Bachelor of Laws degree, which he graduated with in 1979.
“She has done no more than the act of Parliament establishing the Commission, to which she is appointed, requires her to do,” he says.
“I regard it as an extremely unfortunate development and unfortunate position for the Government to have taken, which was rather than paying attention to what the Commission had said, rather than paying attention to the conclusions the Commission had drawn and answering those conclusions and answering those recommendations, we’ve got the Prime Minister and Attorney-General setting out to attack the holder of this independent office.”
The Labor MP and Shadow Attorney-General says the incident could discourage other independent bodies from fulfilling their roles properly in the knowledge of personal attacks or vilification should a report be critical of Government.
“It’s the job of the Prime Minister to protect the holders of this sort of independent office, which he has failed to do,” he says.
Prior to his appointment to Federal Parliament following the 2007 election, Mr Dreyfus established a successful legal career firstly as a solicitor, then adviser to the Attorney-General of Victoria, before rising in prominence as barrister for two decades, working extensively in planning, environmental, commercial and defamation law.
Appointed a Queen’s Counsel in 1999, Mr Dreyfus lists appearances in the High Court of Australia, in particular his work on the landmark Stolen Generation case at the turn of this century, and appearing in the International Court of Justice to halt Japan’s whaling program, the latter as Attorney-General, as legal career highlights.
Mr Dreyfus believes a legal education is invaluable no matter what path one pursues.
“It’s not now possible for everybody who graduates in law from an Australian university to practise law, there simply aren’t jobs in the legal profession for the more than 10,000 law graduates each year in Australia,” he says.
“But I’ve got no doubt about the value of the qualification. It teaches a particular form of thinking which is very useful, and is a demonstration to prospective employers of particular abilities.”
While the 58-year-old is aiming for re-election at the next opportunity, his long-term goals are more reflective of his former career.
“My number one aim if we get back in government is to improve access to justice. I’ve got a range of law reform objectives but the number one aim is to improve access to justice, which means improving the resources of the legal assistance sector – Legal Aid, community legal centres, and Aboriginal and Torres Strait Islander legal services,” he says.
“There are also areas of other law reform I am interested in, which, moving forward, include copyright, privacy and human rights.”
Mr Dreyfus is thankful for the opportunities he has had since first being elected more than seven years ago.
“It’s a tremendous honour to be a member of the Australian Parliament and it puts you in the position, even in Opposition, of being able to change the way in which we are governed, to influence the way in which we are governed,” he says.
“It is the chance to shape the future of Australian society, to shape the kind of Australia we want to be.
“I like working in the public interest, I like working in the public sphere. It has been my great privilege to serve in an Australian cabinet, and I am aiming to get there again.”
www.law.unimelb.edu.au