Last week, a court imposed the first civil penalty on an individual for workplace sexual harassment under the Fair Work Act following law reform in 2023, designed to increase protections for workers. It is a landmark decision. It sends a clear message about accountability.

Subscribe now for unlimited access.

Login or signup to continue reading

But it also reveals a less visible truth about how justice is actually delivered, and what is at stake as the ACT Government finalises its July budget.

This outcome did not begin in a courtroom.

It began nearly two years earlier, when a young worker sought legal help to navigate a complex and uncertain process. She had been systematically underpaid, denied pay slips, and subjected to sexual harassment by her manager (the sole director of the small business), who physically assaulted her and then offered money to buy her silence.

Over that time, she faced denial of her allegations, threats of costs, and the collapse of her employer's company on the eve of the hearing. She continued anyway.

Her case set a national precedent. Without sustained legal support, it would not have reached a hearing at all. The judge cited her evidence verbatim in his judgment, an unequivocal statement that he believed her. For people who fear they will not be believed when they speak about sexual violence, that is not a small thing.

This case was built by a team: free legal representation from the Women's Legal Centre ACT, pro bono barristers, and a pro bono financial expert who calculated the underpayment. An effort made possible only because community-based, specialist services exist.

That is the part of the justice system that rarely makes headlines.

Every day, community legal services support people whose safety, livelihoods and futures are at risk. The Women's Legal Centre ACT can provide free legal advice to women, trans and gender-diverse people in the ACT.

Demand for support is rising sharply. In the past year alone, demand for the Centre's services has increased by 38 per cent. Cost-of-living pressures, housing insecurity and financial stress are pushing more people to seek legal help, often earlier and with more complex needs.

The funding model has not kept pace.

Legal assistance services here in Canberra continue to operate on one-year funding cycles, reapplying to the ACT Government to be able to continue their services year after year. This is not how essential services should be funded. It creates planning and limits long-term planning and makes it harder to sustain the kind of resource-intensive legal work required to run contested matters like this one.

The consequence is straightforward. When funding is uncertain, capacity shrinks. When capacity shrinks, fewer people are helped. When fewer people are helped, legal problems escalate, placing greater pressure on courts, police, health services and housing systems. Short-term underfunding creates long-term public cost.

Early legal intervention is one of the most effective ways to reduce that pressure. It resolves problems before they escalate. It reduces harm. It ensures that legal rights are not theoretical, but real and enforceable for all people in Canberra, not just those who can afford it.

That matters most for people already facing barriers. In this case, the court recognised our clients vulnerability as a young migrant woman with limited financial resources and social support. That vulnerability did not stop her from pursuing justice. But it shaped every barrier she faced along the way. Without access to legal assistance, those barriers become insurmountable.

No one should be left out because they cannot afford a lawyer or navigate a complex legal system on their own.

Eleanor Roosevelt put it plainly: rights mean nothing unless they have meaning in small places, close to home", where every person seeks equal justice, equal opportunity, equal dignity. That is precisely where community legal services are and what community legal services do. They make rights real, in small places, for people who cannot afford to make them real alone.

This decision shows what is possible when we focus not just on enacting progressive laws but also building a system that makes the promise of law reform real.

The question the ACT Government must answer in this budget is not which services it can afford to fund. It is the people it can afford to put aside.

The answer should be no one.

Elena Rosenman is the Womens Legal Centre ACT chief executive

A Canberra man's 10-year, $1m dream to rebuild a childhood memory

ACT rubbish trucks have 'sufficient' fuel as NSW councils warn of threatened services

The art of looking up: Why Constable's clouds are the escape we need right now

Our city's future is great, but can local icons afford to wait?

'They left without me': more documents reveal failures in ACT childcare centres

Raiders fan's petition for stadium action gets new political push

Today's top stories curated by our news team. Also includes evening update.

Don't miss updates on news about the Public Service.

Grab a quick bite of today's latest news from around the region and the nation.

Catch up on the news of the day and unwind with great reading for your evening.

Get the editor's insights: what's happening & why it matters.

Stay in the know on news that matters to you with twice weekly newsletters from The Senior.

Going out or staying in? Find out what's on.

The latest news, results & expert analysis.

Early Look At David Pope

Your exclusive preview of David Pope's latest cartoon.

Join our weekly poll for Canberra Times readers.

We've selected the best reading for your weekend.

Get the latest property and development news here.

Every Saturday and Tuesday, explore destinations deals, tips & travel writing to transport you around the globe.

Sharp. Close to the ground. Digging deep. Your weekday morning newsletter on national affairs, politics and more.

Your essential national news digest: all the big issues on Wednesday and great reading every Saturday.

Get the very best journalism from The Canberra Times by signing up to our special reports.

Voice of Real Australia

Get real, Australia! Let the ACM network's editors and journalists bring you news and views from all over.

Get news, reviews and expert insights every Thursday from CarGuide, ACM's exclusive motoring partner.

Be the first to know when news breaks.

Your digital replica of Today's Paper. Ready to read from 5am!

Your favourite puzzles

Test your skills with interactive crosswords, sudoku & trivia. Fresh daily!

© Canberra Times