Mum who became a lawyer to help refugee children steps up at human rights firm

Never dismiss a young mum with a sense of social justice. Helensburgh’s Naomi Lai – set to become acting CEO at the National Justice Project next month – is proof an individual can help change the system.

This time 10 years ago, Naomi organised a small rally in Charles Harper Park. About 30 people gathered to show their support for refugees. They held signs reading #LetThemStay and emailed a photo to the then immigration minister, Peter Dutton, as part of nationwide protests. 

As a mum of three young children, Naomi was horrified by the idea of detaining kids already traumatised by being forced to flee their homes. “There was so much evidence already out at the time that locking up young children does very serious harm very quickly,” she says.

But a loophole in Australian law permitted indefinite detention, and Naomi knew this was a problem well beyond the means of her Bible study group’s Cook for a Cause campaign.

“We started trying to talk to our local politicians, and realised quickly people weren't really listening, just following the party line, like, ‘Oh, we don't want these illegal immigrants’ – as if that's even a thing,” she said.

“If you're a refugee, it is a basic human right to escape persecution and ask for asylum. So the government was using their propaganda to turn people against the most vulnerable people in society.”

With the support of her husband, dentist Dudley Lai, Naomi returned to university in 2015 to do a law degree. She would spend the next four years studying part-time online while raising three children and running the family dental practice.

“It was [driven by] my strong sense of what's right – to do right, to be that person who speaks up against injustice and care for marginalised people, which the Bible tells us to do,” she says. 

Her first degree was in theology and Naomi had worked as a chaplain in hospitals and schools. “The idea of going back to do law didn't feel like a career change. It just felt like another step in that journey of justice and truth,” she says.

“I really love Australia. We have a strong democracy which has always allowed us to challenge systems. We have some good services, yet it doesn’t take much effort to realise that our government also has several really unfair rules and policies that harm people.”

Colonial legacy exposed

Her initial goal was to help refugees but through her legal studies Naomi soon learned of even deeper injustice. Reading about colonisation and frontier wars, history she never learned in school, opened her eyes to Australia’s treatment of First Nations people. “That the term ‘terra nullius’ was ever used is just a disgrace. Did you know we're the only Commonwealth country that doesn't have a treaty with our Indigenous people? 

“We talk about the Stolen Generation and how absolutely abhorrent that was, but we have more Indigenous kids in care now. We have the highest rate of Indigenous people, in terms of per capita, in jail anywhere in the world.

“There's something wrong with the system.”

When the National Justice Project (NJP) opened its doors in December 2015, Naomi watched in admiration as the not-for-profit human rights law firm focused on helping refugees and Indigenous people. The firm broke ground with its innovative strategy to get kids off Nauru. 

In 2018, the final year of her law degree, she sent a late-night message to NJP CEO George Newhouse, who had just won a big case in Federal Court.

“I sent him a message saying, ‘Oh, well done! I'm a final year law student, I don't know if you ever have volunteers, but if you do, let me know.’

“And I got this message back, saying, ‘Hi Naomi, great to connect. Why don't you come to the office at 9am tomorrow?’

“I turned up, all excited about my first day volunteering, and George wasn't even there. He was down in Melbourne, running a case, and he hadn't told anyone that I was coming. It still makes us all laugh.”

Unlike normal law firms, NJP does not charge clients or accept government funding, so it is predominantly funded by donations and philanthropy. The firm welcomed her assistance and Naomi volunteered for two years while finishing her law degree then working as a solicitor.

Cases that count

In 2020, NJP was growing, and Naomi’s 15 years of experience of running the Dudley Lai Dental Surgery in Helensburgh meant that she had both business and legal skills, and she was appointed NJP’s general manager. 

Naomi now works in the Sydney office, overseeing the implementation of the firm’s strategic mission. “We take on projects, advocacy and cases that are going to have the greatest impact for the most amount of people,” she says. “Right now, we've got about 95 cases on our books.”

Recent successes have included “Cindy's Law”, passed in NSW Parliament last September. In championing the cause of Aboriginal families seeking justice for two teenage girls who died in 1987, the NJP closed a loophole in the Crimes Act 1900, ensuring offenders who commit sexual assault or indecently interfere with a body when the time of death is uncertain cannot escape prosecution. 

Key NJP issues include Aboriginal deaths in custody and “over policing”. “We are running a national campaign called Alternative First Responders, with the idea that police shouldn't be the first people responding to social needs and mental health episodes,” Naomi says.

“Why are we sending police to deal with homelessness or someone who needs a social worker or a nurse? It’s about care, not force, about de-escalating the situation by not sending someone in uniform, like a cop with a taser and a gun.”

Challenges remain – owing to changes to the Migration Act, lawyers are currently unable to assist people on Nauru.

Rising up

At 47, Naomi is loving her new career and remains committed to making Australia a fairer place by combating systemic discrimination. 

“We're only small. There's only 24 of us all working together to challenge and reform oppressive and discriminatory public systems through impactful strategic advocacy, innovative tech tools and legal action.

"We have a few social justice free tech tools we have created, like Hearmeout.org.au, one of the world's first ever AI-driven complaints platforms, and with the Jumbunna Institute, Callitout.com.au – Australia’s only First Nations racism register that helps collect data, raise awareness and drive systemic change."

In February, NJP’s CEO will be going on a three-month sabbatical and Naomi will step up to acting CEO.

“It's a real privilege to be able to work in an organisation that aligns with your values, and you can actually make a big difference," she says.

“At NJP we will continue to fearlessly fight discrimination, defend human rights and strengthen access to justice in Australia. I really want to live in a country where all people can live free from discrimination, so I am excited to help this happen.”