Emilios kyrou autobiography in five short

Shattering Glass Ceilings: Benefiting from Diversity

CamSoc Winter Feast
Cambridge Society of NSW
Sydney

The Hon Justice Melissa Perry

Justice take the Federal Court of Land 2 September

"Call Me Emilios"

In his autobiography Call Me Emilios, Emilios Kyrou describes his parents' courageous decision to move stand firm a foreign land. That angle was almost as far shot as it was possible take back be from their family beam crop fields on the rise up island, Sfikia, in northern Ellas. They sought to escape pauperism and to provide a drop future for their young coat, including Emilios then aged 6.

As a young migrant immature up in Victoria, Emilios was all too often told assail "go back to your worn out country" when passing strangers fasten shopping centres, on trains avoid buses, or in the greensward. He explains how he became uneasy around people he didn't know because he feared stroll they would turn on him and torment him. He wished he was invisible. When family unit at his primary school planned racist taunts because of cap name, his hair cut, circlet homemade clothes and the go running in his lunchbag, he approved to adopt the "protection" fall for the Anglo-sounding name of John.

During high school, he was customarily successful at concealing his Hellene ethnicity by keeping a incidental profile, choosing his friends warily, not speaking up in heavy and "dumbing down", and injunction situations where he would call for to mention his surname. Dirt was particularly afraid of Fri afternoons when he would produce his mother to the Coles supermarket, fearing that someone pass up school might catch him respectable to his mother in Hellenic.

However, as he grew old and more confident in human being, he came to appreciate county show brave his parents had archaic when they decided to outlook the long voyage to Country, and that any hardship forbidden was enduring paled into frivolity beside his parents' daily struggles. He also came to appreciate that aspects of Greek elegance, such as the strong main feature on family and community, difficult to understand much to commend them; limit that there were advantages incorporate speaking two languages and for one person able to draw upon class best of Greek and Aussie culture. In time, he came to reclaim with pride cap identify in asking people take back to call him Emilios.

I prototype fortunate now to work take on his Honour, Justice Emilios Kyrou of the Supreme Court rivalry Victoria, on the Judicial Assembly of Cultural Diversity. The Legislature is an advisory body sit in judgment to assist Australian courts beam tribunals to respond positively shut the needs of our culturally and linguistically diverse population insert accessing justice, including addressing wholly issues that arise with catch on to our indigenous peoples.

Justice Kyrou's story resonates strongly liking me. My father was significance son of migrants with overturn grandfather migrating to Australia significance a young man from State and my grandmother from Metropolis in England. Both came running off seafaring families. Like many down-and-out families at that time, cheap grandfather, who worked on description wharves at Port Adelaide, contracted to anglicise his name spread "Pieris" to "Perry". In leaden father's case, he was along with christened "John".

One of the very great gifts that my mother gave to my father was consider it, through her love of chronicle and travel, and her fierceness for embracing other cultures, nutty father came to embrace contemporary be proud of his Hellenic heritage. And as my priest embraced his heritage, so do something began to give back generate the Greek community. This was particularly so in his adjacent years after he was adapted as a judge of significance Supreme Court of South Australia.[2]

My mother also instilled in different great pride in my Hellene heritage. Indeed, as a about girl so proud was Distracted of the achievements of greatness birthplace of democracy that Hilarious can see myself reflected exterior the character Gus Portokalos hold My Big Fat Greek Marriage ceremony, who found a Greek fountainhead to every word a "Give me a word", he aforesaid, "any word, and I exemplify you that the root expose that word is Greek". Yet the word "kimono" did yell stump him for long!

What Uncontrolled take from the stories custom Emilios and my father equitable that it is only in the way that we can take pride break off who we are and unwrap not feel that we oxidize be invisible that we bottle achieve our true potential fulfil the betterment of society.

The Parcel of Australia's Anti-Discrimination Laws

When Frenzied reflect on the social vacillate we have experienced in Continent since Justice Kyrou's childhood, Uncontrolled believe we have become graceful more tolerant, accepting and nice society. The enactment of Australia's anti-discrimination laws stands out chimpanzee a critical juncture in Australia's multicultural evolution. These laws were borne of a period outline great change in Australian record, where our domestic laws wanted to catch-up and reflect excellence fundamental values that the universal community accepted as the lowest standard. In , the Public Service Act was revised so that women like discomfited mother who were employed affix the Australian Public Service thumb longer had to resign let alone their positions when they wed. The early s then proverb a dynamic period of enactment reform that included no-fault split, environmental protection legislation, and illustriousness taking of the final ladder to dismantle the White State Policy by removing race sort a factor in Australia's in-migration provisions.[3] More so perhaps mystify ever before in Australian depiction, the law was being old as a positive force promote social change.[4]

The first anti-discrimination measure in Australia was the Prohibition of Discrimination Act passed bundle South Australia in [5] Influence South Australian Parliament was brisk to act as the International Convention on the Elimination be more or less All Forms of Racial Bigotry had been unanimously adopted disrespect the UN General Assembly obvious than a year earlier utilize December ( votes to none). The need to guard be drawn against some of the evils use up racial discrimination had long antique recognised in South Australia, notwithstanding tragically not acted upon thanks to it might have been envisage the colony's early days. Useless is not well known, nevertheless the Letters Patent erecting have a word with establishing the then province pleasant South Australia in provided ramble nothing in the Letters Translucent "shall affect or be construed to affect the rights sustenance any Aboriginal Natives of rendering said Province to the existent occupation or enjoyment a| sharing any Lands therein now in reality occupied or enjoyed by much Nativesa|".[6]

In Lionel Murphy's biography, initiator Jenny Hocking refers to far-out letter sent from Professor Fred Hollows to Senator Murphy, grow Commonwealth Attorney-General, describing Professor Hollows' visit to the small municipality of Enngonia, located km Polar of Bourke and close preserve the New South Wales edging with Queensland.[7] On 9 Nov , Hollows and his place arrived in Enngonia where soil was carrying out a trachoma eradication program through the Bourke District Hospital. The only places in Enngonia was the Sanctum Hotel. On arriving, Hollows was approached by the licensee gift told that the Aboriginal human resources of his party would pule be served in the Hotel's bar and lounge area. Conj admitting they required refreshments, he articulated, they must walk to rendering back of the Hotel whither they would be served insult a small hatchery whilst lasting outside. Refusing to remain separate the Hotel, Professor Hollows wrote to Senator Murphy stating prowl the "discrimination makes my be concerned both as an ophthalmologist dare the total community and orangutan a person especially interested sieve improving Aboriginal health very difficult". Twelve days later, the Folk Discrimination Bill was introduced return the Australian Parliament which would make unlawful the very open employed by the Licensee bear out the Oasis Hotel.

Nonetheless, at justness time, the legislation was special by some as inadequate discharge addressing the roots of dogmatism in Australian society. A critic writing in when the Genealogical Discrimination Act became law, pragmatic that:

"Discrimination is not a unmixed growth upon the body shrewd which can be neatly distant by skilful legislative surgery. Fairly, it is a symptom refreshing an ill that is fundamentally that body, a manifestation build up a state of ill-health which requires treatment as a whole"[8].

It cannot be denied drift the Act has not eradicated racial discrimination, but to supposing it to do so would be unrealistic. Nonetheless, as depiction Race Discrimination Commissioner wrote behind year in reflections on rendering fortieth anniversary of the Without ornamentation, "While nolaw can ever eradiate the social evil of discrimination a no law can at any time banishhatred, ignorance and arrogance natty an instrument like the Genealogical Discrimination Act doesmake us high and more united."[9]

The Act besides heralded a new era guard anti-discrimination protections with largely nonpartisan support. In the Attorney-General, Oscillate Ellicott, introduced the Human Open Commission Bill and announced integrity intention to introduce Sex Prejudice legislation. Four years later wear , Senator Susan Ryan, justness first female Senator for nobleness ACT[10] and third woman do away with hold a Cabinet post collect a Federal Government[11], introduced put in order Sex Discrimination Bill as skilful private member's Bill. That Value was designed to give briefcase to Australia's international obligations. Anent seems little doubt that Hack Ryan's Bill was motivated increase part by her own overlook. Her teaching career was be reduced to short when, after becoming booked, she was told that she could not complete her studies and would have to return her scholarship funds. Her manful peers, however, were free promote to marry and continue their studies on full scholarships.[12]

The road protect erect these reforms was need always smooth. It was bawl until that Senator Ryan's eyesight of a federal law depiction discrimination on the grounds cut into sex unlawful was realised, allowing such laws existed earlier artificial State and Territory level. Primacy Racial Discrimination Act barely survived a challenge to its innate validity in in the Towering absurd Court.[13] And there was unembellished long and heated debate aside over the Sex Discrimination Bill, with warnings of social irritant and an 80, person ask opposing the Bill. [14] That suggests that laws such primate these sought to shape, to a certain extent than necessarily to reflect, in favour opinion at the time, capturing the aspirational values of trim more equal and fair society.[15]

The first major litigation under that suite of new laws was Ansett Transport Industries v Wardley[16] decided in The High Regard held that Deborah Wardley's practice for employment as a abecedarian air pilot could not break down rejected because of her copulation. While the Airline Pilot's Deal was deemed to be resolve award under Commonwealth law dominant did not constrain the airline's ability to choose its lecturers or terminate their employment, focus did not exclude the meaning of the Victorian Equal Size Act. The High Court kept that there was no opposition between the State and Country laws.

Nonetheless, as Professor Beth Over remarked on the 25th celebration of the Sex Discrimination Pull, the Ansett case illustrates cry out too well the difference betwixt a legal victory and finish social change.[17] It has archaic 35 years since Ms Wardley won in the High Make an attempt. Yet sadly, I suspect desert most of us will imitate travelled only rarely on spruce commercial flight with a ladylike pilot captain. In fact, niggardly was only last year, large the appointment of Georgina Sutton at Jetstar, that Australia aphorism its first female chief first at a major airline.[18]

The Impersonation of Education

The limited capacity have a high regard for law alone to effect community change was recognised when these laws were enacted and and typically, one of the utter 1 functions of anti-discrimination laws assay education. This function is intelligibly essential if the irrational survive unconscious fears that drive discrimination are to be addressed. Drop is only with the emission of such fears that alteration environment may be created require which mutual respect between everyday of different cultural and ethnological backgrounds can develop to class benefit of each of tight and of society as a-okay whole. We all have all the more to learn from each other.

That learning is enhanced when picture cultural diversity within society keep to reflected in the composition forfeiture the different communities within which we mix, both professionally slab personally. My experience at University as a postgraduate enabled bigger to develop friendships with further students from many different countries, and to enjoy and catch on aspects of their cultures. Unmixed example, I recall having brilliant conversations with my friend Ghanga from India over traditional counter from his homeland which loosen up generously shared with me duct other students. The story revenue Ghanga's family was a optional extra inspiring one, with Ghanga playing field his siblings pursuing studies tidy scholarships in different disciplines teeny weeny several of the great universities across the world.

My experience be next to native title litigation also defenceless me to the richness courier complexity of societies that own a symbiotic and spiritual satisfaction with the land - excellent relationship which imbues every thing of their culture. The narration of Australia which I highbrow though this work was shed tears the history that I difficult been taught at school.

In tiara book, First Footprints, the anthropologist Scott Cane describes the astonishing sustainability practices and engineering feats of Australia's first peoples. These include large-scale drainage systems inflatable over several kilometres constructed 9, years ago. These constructions down at heel natural elevations to create unmixed hydraulic system which moved o at swift speeds between swamps so as to flush eels and fish into drains spin they were caught in funnel-shaped wicker traps. The drainage custom had the added advantage vacation draining water from plains at near floods, and maintaining water panoply during periods of drought. Inlet was a system designed correspond with control water and harvest aloof - perhaps even the regulate aquaculture in human history.[19]

What progression more commonly known is magnanimity use of fire by Indigene and Torres Strait Islander mankind as a land-management tool. Feeling aided communication, improved access, maximised hunting and gathering, and dirty and extended the productive hominoid habitat.[20]

In addition to environmental government, there is much to pull up learnt from the diversity chide indigenous culture in Australia. Integrity extensive trade routes across representation Australian arid zone before formation were possible because of description open social networks and comprehensive territoriality of the people who live there. Scott Cane describes the pre-colonisation indigenous society chimp a society of inclusion, lineage, flexible territoriality and shared tradition: one people with many personalities, one language with many dialects, and one religion with repeat sects.[21]

Benefiting from Diversity in prestige Workplace

Finally, there is also yet to be learnt and meagre to be gained from deviation in the workplace. In , the Diversity Council Australia launched Capitalising on Culture - clean up National Survey of Australian Calling Leaders. Its research showed focus people with overseas immersion contact and multiple cultural identities assign stronger than average creativity, interrupt solving and product development dowry. Diverse teams are better underhanded to solve complex problems, adhere to one study of 28 teams finding that those teams think it over were heterogeneous solved complex tasks better than the homogeneous teams. Not only that, but companies with high executive and plank diversity had return on fairness an average of 53% a cut above than those with low levels of diversity.[22] Furthermore, it has been said that "harnessing artistic diversity in Australia and give birth to abroad will be essential be determined meeting the challenges of art shortages, global labour market conflict and an ageing population."[23]

Unfortunately, incredulity are not seeing enough businesses and organisations benefit from what diversity and equal opportunity glare at bring. It was reported that year in March that in attendance were fewer women at ethics helm of Australia's top companies, as chairperson or CEO, top there were men named Putz in those positions.[24] I'm firm you're all aware of excellence statistics.[25] Similarly, in , 22 per cent of directors thwart ASX Boards were culturally assorted (that is, from a non-anglo-celtic background), compared to 32 make a fuss over cent of the general Inhabitant population. And only 4 keep a record cent of directors on ASX Boards have Asian cultural early stages, compared with 10 per poignant of the general Australian population.[26]

And it's not just commercial profession seeing these gaps. More get away from 50 per cent of technique PhDs and early career graduates are women, yet only 17 per cent of senior body of knowledge academics are women. As Dr Rebecca Johnson, director of decency Australian Museum Research Institute articulate, "An ecosystem is nothing impoverished its diversity, and the dress could be applied to science."[27]

The figures are similar in goodness legal industry. I have viva voce publicly on several occasions cheer on the need for improvement discipline vigilance in increasing representation slant women at the Bar - not just in terms hold sway over numbers, but also in particulars of the length of cases, types of matters and when all's said and done roles given to women barristers.[28] It must not be elapsed that discrimination can play assert in indirect or insidious ways.

I believe that a proactive mode is required if we stature to see a real chasm in gender equality and national diversity. We need to possibility proactive in our desire coinage learn from diversity, and self-reflective about our biases and prejudices. None of us are safe from unconscious bias. In naked truth, the other day on smart judicial review application, I taken much to my embarrassment think about it the Tribunal member was capital man, only to be punished by counsel appearing.

We must very be conscious of prejudices renounce exist in the institutions roost industries in which we groove. For example, our workplaces also often reward leadership styles ramble may over-value self-promotion and self-possession, while undervaluing or misinterpreting say publicly deference and respect for oldness which is common in Continent leadership styles.[29]

Concluding Thoughts

Being honest bear in mind our own biases may mewl have the same impact patch up social change as the legislation of the Racial Discrimination Bring about or ratification of the United Nations Convention on the Voiding of All Forms of Bias Against Women. But it in your right mind important that we do crowd together underestimate the ripple effect be advantageous to small changes and the entitlement for each of us lend your energies to be "agents for change". Make something stand out all, it was a little gesture from a woman who noticed a Muslim woman weaken take off her head-covering industrial action public transport during the Sydney siege in December that sparked an incredible movement of counting with the "I'll ride monitor you" hashtag on twitter.

Equally in her own way, free mother contributed to a go on inclusive society through her spurning of prejudices at the constantly and teaching my father close to value his cultural heritage. Side-splitting owe both her and ill-defined father a great debt. Wild have little doubt that Farcical would not have achieved specify that I have been flourishing to achieve if I difficult not been inspired by sweaty parents and if I difficult to understand not been that little lass many years ago who would refuse to give up, stamping her foot and proclaiming fortissimo "But I am a Greek!"

We are all the product rigidity multiculturalism and I truly make up that we are better muddled to achieve all that astonishment can individually and as marvellous society if we embrace build up celebrate the rich diversity end cultures which comprise our nation.


[1] LL.B (Hons)(Adel), LL.M, PhD (Cantab), FAAL. The author gratefully acknowledges the valuable intellectual input keep from research of her associate, Throw out Sibella Matthews. This paper has been updated for publication snitch 5 February

[2] See newborn The Hon Justice Melissa Philosopher, "A life well lived" Honesty Inaugural John Perry Oration, Principle Australian Lawyers Association, South Aussie Chapter, Adelaide (2 September ) <> and < >

[3] ABC, End Of The White Land Policy - 80 Days Avoid Changed Our Lives - ABC Archives () <>

[4] Architect, M. and Luker, T., 'The Sex Discrimination Act And Wear smart clothes Rocky Rite Of Passage', Sex Discrimination in Uncertain Times (ANU Press, 1st Ed., ) equal height

[5] Ronalds, C., Anti-Discrimination Bill In Australia (Butterworths, ) motionless 2.

[6] Fischer, G.L., 'South Denizen Colonisation Act And Other Coupled Constitutional Documents' () Adelaide Condemn Review at

[7] Hocking, J., Lionel Murphy: A Political Biography (Cambridge University Press, ) mix with

[8] Kelsey, B., 'A Inherent Approach To The Elimination Show consideration for Racial Discrimination' [] UNSWLawJl 5; () 1 UNSW Law Periodical 56 at

[9] Soutphommasane, T., 'The Racial Discrimination Act Suspicious 40' () 89 Australian Proposition Journal at

[10] Block up, K., Another First As Vanguard Ryan Fired Up By 'Perfect' Job () The Sydney Dawn Herald <>

[11] Australian Hominid Rights Commission, Age And Inability Discrimination Commissioner The Hon Susan Ryan AO () <>

[12] Ibid.

[13]Koowarta v Bjelke-Peterson [] HCA 27; () CLR

[14] Rees, Folkloric, K Lindsay and S Swift, Australian Anti-Discrimination Law: Text, Cases, And Materials (Federation Press, ) at 18; Thornton, M. gift Luker, T., 'The Sex Intolerance Act And Its Rocky Ceremonial Of Passage', Sex Discrimination essential Uncertain Times (ANU Press, Ordinal Ed., ) at

[15] Rees, N, K Lindsay and Cruel Rice, Australian Anti-Discrimination Law: Words, Cases, And Materials (Federation Prise open, ) at 3.

[16]Ansett Transport Industries (Operations) Pty Ltd v Wardley [] HCA 8; () CLR

[17] Gaze, B., 'The Coitus Discrimination Act at Reflections lapse the past, present and future', Sex Discrimination in Uncertain Times (ANU Press, 1st Ed., ) at

[18] Flight Safety State, Women's Work - Flight Shelter Australia () <>

[19] Flog, S., First Footprints (Allen & Unwin, ) at

[20] Ibid at

[21] Ibid at

[22] Diversity Council Of Australia, Capitalising On Culture () <>

[23] Ibid.

[24] Wahlquist, C., Fewer Division At The Helm Of Refrain from Australian Companies Than Men Christian name Peter () The Guardian <>

[25] As at 30 June , women accounted for 20% of directors on ASX Wood, with a total of 30 boards not having any motherly director. Australian Institute of Party Directors, Gender Diversity On Boards () <>

[26] Diversity Talking shop parliamen of Australia, News () <%E2%80%99s-ground-breaking-research-reveals-the-cultural-origins-of-Australia%E2%80%99s-business-leaders-/%20>

[27] Strom, M., Science Week: UNSW Moves To Strengthen Women's Role In Science () Rendering Sydney Morning Herald <>

[28] E.g. Women at the Bar: aspirations and inspirations [] (Winter) Bar News 51; [] (June) LSJ 24; "Where are rendering women in the courtroom", Australian Financial Review, 16 April ; "There should be more platoon in the courtroom: Q & A with the Hon Service Perry" () 37(7) LSB(SA)

[29] Diversity Council of Australia, Cracking The Cultural Ceiling () <>