Dr Daye Gang

Daye (pronounced Da-yeh) welcomes briefs to advise and appear in administrative, commercial, and criminal law. She also advises on international law and extraterritorial laws such as autonomous sanctions. She speaks English, Korean, French, and Mandarin.

Administrative law

• Australian Human Rights Commission: Lesbian Action Group v AHRC, application of the Hardiman principle to merits review, use of expert evidence, application of the Sex Discrimination Act 1984 (Cth)
• Victorian Building Authority: regulatory prosecution of individual and company for breaches of the Building Act 1993 (Vic)
• Minister for Immigration, Citizenship and Multicultural Affairs, and applicants: judicial reviews and merits reviews of visa refusals and cancellations, advice on statutory interpretation, urgent injunctions
• Victorian Department of Health: Assessments of Victorian Pandemic Orders and Directions on compatibility with the Charter of Human Rights and Responsibilities Act 2006 (Vic)
• Victorian Department of Families, Fairness and Housing: child protection litigation under the Children, Youth and Families Act 2005 (Vic)
• Other administrative and quasi-criminal law: parole violations under the Crimes Act 1914 (Cth); control orders under the Criminal Code Act 1995 (Cth), advice and Tribunal applications for freedom of information requests, Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) review hearings, licence suspension reviews for the Department of Transport, native title joinder advice, judicial review appeal for prisoners’ rights; interpretation of the Forests (Wood Pulp Agreement) Act 1996 (Vic) led by Perry Herzfeld SC

Commercial law

• Commercial law: prospects advice and litigation on breach of contract, breach of Australian Consumer Law, regulatory compliance, discrimination claims under the Equal Opportunity Act 2010 (Vic), exploration of litigation options following termination of subcontractor contract
• Insolvency: s 471B Corporations Act 2001 (Cth) application for leave to continue proceedings against company in liquidation
• Corporate law: review of draft constitution for company limited by guarantee

Criminal law

• State and federal crime: large child abuse materials matters, drug importation conspiracies, money laundering, malware-based identity theft, public interest immunity, sexual offending in serial, historic, institutional, and family violence contexts, property and dishonesty offences, drug offending
• Private criminal defence: of state and federal offending, provision of culturally and linguistically competent advice and in-court representation, including money laundering and family violence offences

International law

• Public and private international law: International Covenant on Civil and Political Rights submission to the Human Rights Committee on family separations in immigration detention, instructed by the Human Rights Law Centre; litigation and advocacy prospects advice for corporate breaches of international human rights obligations, instructed by the Australian Centre for International Justice; strategic advice for the Asylum Seeker Resource Centre; the use of Convention on the Elimination of All Forms of Discrimination against Women for the protection of trans women
• International criminal law: investigations of crimes against humanity based on witness evidence; analysing documentary evidence for persecution as a crime against humanity

Citizens' Alliance for North Korean Human Rights and other civil society organisations: Convention on the Elimination of All Forms of Discrimination against Women research report, strategic legal advice on reports, press releases, and submissions to international organisations as necessary on international, cross-border, and domestic law implications of international human rights laws, international criminal law, and business and human rights issues in multinationals across jurisdictions. International criminal law investigations in Korean and English. Application of OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights led by Felicity Gerry KC, universal jurisdiction and complicity in international crimes, corporate complicity in Geneva Conventions breaches. Application of autonomous sanctions in Australia under the Autonomous Sanctions Act 2011 (Cth) and Regulations, UK and territories, Singapore, NorwayFounder of world-first resource translating North Korea’s publicly available legislation into English and publishing a North Korean-English glossary - available at www.lawandnorthkorea.com.
Listed on Justice Rapid Response expert roster; United Nations BSAFE, PSEA, and PSHAA courses completedAdvisor, Justice and Accountability Network Australia

Academia

Daye holds a PhD from Monash University. Her thesis explored the use of restorative justice for sexual and family violence, resulting in the following papers:

• Systematic search of evaluations of restorative justice programs for sexual and family violence offences
• Thematic analysis of Parliamentary debates on sex offences law reform to reveal constructs of sexual violence, victims, perpetrators, and sexual violence in society over time
• Thematic analysis of interviews of Women's Liberation Movement anti-rape activists for their views on restorative justice for sexual and family violence
• Systematic review on any research (evaluation or not) on restorative justice for sexual and family violence cases

 

Daye was a panellist representing the Asian Australian Lawyers' Association at Victorian Women Lawyers' 2024 Dame Roma Mitchell Memorial Lunch. She assisted in the Submission of the Commercial Bar Association's Public Law Section to the Victorian Integrity and Oversight Committee on the Freedom of Information Act 1982 (Vic). She is a committee member of the Victorian branch of the International Law Association. She presented her most recent research on autonomous sanctions at the Australia New Zealand Society of International Law Annual Conference in 2024.

Daye read with Rohan Lawrence and her senior mentor is Claire Harris QC.

Academic publications

• Gang, Daye, Bebe Loff, Bronwyn Naylor, and Maggie Kirkman. "A call for evaluation of
  restorative justice programs." Trauma, Violence, & Abuse 22, no. 1 (2021): 186-190.
  https://doi.org/10.1177/1524838019833003 (published)
• Gang, Daye, Bebe Loff, Bronwyn Naylor, and Maggie Kirkman. "Opening Pathways to
  Restorative Justice: Analysis of Parliamentary Debates on Sex Crime Law Reform in
  Victoria, Australia." Social Politics: International Studies in Gender, State & Society 29, no.
  2 (2022): 658-681. https://doi.org/10.1177/1524838019833003 (published)
• Gang, D., Kirkman, M., Loff, B. (in press; accepted 17 August 2022; to be published 2023).
  “Obviously It’s for the Victim to Decide”: Restorative Justice for Sexual and Family Violence
  from the Perspective of Second-Wave Anti-Rape Activists. Violence Against Women. (in
  press)
• Gang, D., Loff, B., Kirkman, M. “Systematic Review of Restorative Justice for Sexual and
  Family Violence” [Unpublished manuscript], School of Public Health and Preventive
  Medicine, Monash University. (under review)