Tackling injustice through reforming the law

Jonathan Hall Spence leads Strategic Litigation teams at the Justice and Equity Centre, his day to day involves challenging unfair police practices, exposing inhumane treatment in prisons and immigration detention, and working in partnership with Aboriginal organisations to transform the NSW child protection system.

Jonathan has previously worked as a litigator at Allens, where he was heavily involved in the firm’s pro bono work for asylum seekers and refugees. He has also worked as a civil lawyer with the North Australian Aboriginal Justice Agency (NAAJA), advising and representing Aboriginal clients on matters including child removal proceedings and complaints and litigation against Northern Territory Police. Jonathan has a Master of Laws degree from Columbia University and was an Economic Justice Fellow with the Juvenile Law Centre in Philadelphia.

What does this role mean to you?

I love what I do. As a Principal Solicitor in the Strategic Litigation team at the Justice and Equity Centre (JEC) I get to use my skills as a lawyer to run test cases that reform laws and support social movements. I work with determined and principled clients who are willing to endure the rigors of civil litigation, so their case can help make change. I also work with incredible partner organisations like AbSec and the Aboriginal Legal Service, to devise strategies that draw on our legal skills and policy expertise and help advance community priorities. There’s nothing I’d rather be doing.

Take us through a typical day of work for you.

There really isn’t a typical day for me and that’s part of what I love about the role. While litigation is my team’s central tool, the JEC draws on many different strategies to drive change – whether that’s engaging with political or policy processes, commissioning research to support evidence-based solutions, or engaging with media and public debate to drive awareness about the issues we’re working on. If there’s a lever we can pull to try and drive change, we’ll pull it.

What is the biggest challenge you’ve encountered in your career, and how did you overcome it?

Trying to work with governments that are reluctant to embrace transformational change. We try to work ‘inside the tent’ with government, to change systems so they work better for people. But governments are often hesitant to embrace big changes, because they’re worried about blowback or being criticised. What I’ve learned is – sometimes you need a big stick to pry the door open, and taking a case to court can be that stick.

How do you stay motivated to work in this field?

You really need to learn to celebrate your efforts. And cherish the wins. They can feel few and far between at times, but their impact is often widespread and lasting. It took us eight years working with partner organisations to defeat the NSW Police STMP program (known as the ‘Stomp’) that saw kids being unlawfully stopped in the street and searched, which was intimidating, humiliating and disruptive. Police finally announced last year it was being abolished after a damning watchdog report we had brought about. That was a big moment. It was the culmination of many years of determined, expert advocacy and casework which we and our partners were really proud of.

How do you unwind after work?

It’s sport for me. I grew up playing AFL and cricket but they’re a bit hard on the body as I get older. So, I started learning tennis last year which I now play casually a couple of times a week. I also play in a mixed, social netball comp which is great fun, although that can certainly be tough on the body. In one of my first ever games I tore an achilles tendon and was out for more than a year. But I got back on the field (court?) and am loving it and have even managed to recruit a couple of other JEC staff onto the team. Having a run around after work helps switch my brain off and come back fresh the next day.