Opening Plenary: Working with the Community - Strengths of RRR CLCs

John McKenzie - Aboriginal Legal Service (NSW/ACT): Respecting and Communicating with Aboriginal Clients and Families

John talked about his experience as a non-Aboriginal solicitor working with Aboriginal people. He emphasised the need to respect clients and to work with their families.

Tracey Willow - Elizabeth Evatt Community Legal Centre (and convener of the CCLCG rural, regional and remote working group)

Tracey discussed what RRR CLC workers bring with us to work: Who we are, our intellect, our heart, our support systems.

Working in CLC is mostly about working with people. RRR CLCs do:

• Reduce disadvantage
• Promote health community
• Promote delivery of services
• Promote positive community connection.

We have power to change local, state and national level.

Focus on responding to community needs. Always remember to LISTEN AND RESPECT

Recruitment & Retention of Staff in RRR Areas

This session identified needs, showcased ideas and developed strategies that RRR centres can use to recruit and retain staff.

Kate Lee, Australian Services Union: Download powerpoint presentation

Trish Mundy, Griffith University / Northern Rivers CLC: Download powerpoint presentation

Key issues made in discussion:

1. Salary parity with similar employment eg parity with legal aid
2. Essential nature of services – possibility of strike action, unionisation
3. Showcasing careers in CLCs at universities – positive alternatives of CLCs v large firms

Specialist Centres Showcase & Information Sharing:

This session showcased a number of specialist CLCs.It was an opportunity to hear about how each of the centres operate, what their referral systems are and how RRR CLCs can best utilise them!

Speakers:

Amy Kilpatrick, Public Interest Law Clearing House:

PILCH takes referrals from not-for-profit organizations, including CLCs. PILCH provides assistance in a large scope of matters. PILCH’s current projects: predatory lending; homeless people legal services; the ‘kids in detention' project,

Susan Winfield, Consumer Credit LC: 

The show case demonstrated the services that are given by the Consumer Credit Legal Centre, including :

• Credit & debt hotline
• Insurance law services
• Free telephone legal advice
• Problems with fringe lenders
• Gives insurance advice eg. Travel, home and contents , car etc.

Trish Adjei and Serena Armstrong from Arts Law Centre of Australia;

Arts Law showcased their services.The program ‘Artists in the black’ provides services to Indigenous artists and provides phone advise and culturally appropriate resources and information .
Arts Law also works on:

1. Law reform issues
2. Musicians
3. Writers
4. Film and visual artists
5. Copyright and contracts
6. Funding, government and private grants

Nassim Arrage, Tenants' Union of NSW: Download powerpoint presentation

The Tenants Union has four solicitors and is a registered training organisation. It has a key role in resourcing the
Tenants Advice and Advocacy Services across NSW.

Stephen Newell, The Aged-care Rights Service (TARS);

TARS assists older persons who are socially and economically disadvantaged and vulnerable. TARS runs the Older Person's Legal Service (OPLS) and operates a telephone advice line which will take referrals from CLCs.

Jeff Smith, Environmental Defenders Office;

The EDO provides legal support for people acting in defence of the environment.

Amy McGowan, Public Interest Advocacy Centre.

PIAC current projects: stolen wages project (Aboriginal Trust Fund Repayment Scheme); mental health services project (holistic approach).

Peter Davies, Disability Discrimination Legal Centre: Download powerpoint presentation

State-wide service - provides advice for people with disabilities. There is an advice line, referrals made through Legal Aid or Law Access. DDLC also has publications and resources available on their website and deliver community legal education.

Building the RRR Network:

Angela Pollard, Coordinator, Northern Rivers CLC;

Angela opened the session talking about Co-operative Legal Service Delivery (CLSD); commitment of CLSD workers in lobbying for RRR centres; operates like an interagency for legal and related services; meets quarterly. She argued that CLSD is what the partners are prepared to put into it.

Simon Rice, Australian National University;

Simon shared his research on private lawyers in RRR geographical areas. It appears that the population in RRR areas is growing, and the number of private lawyers is also growing, however, there are fewer lawyers person head of the population then there was 20 years ago.

Jill Quinn, Legal Information Access Centre (NSW State Library)

Jill identified and outlined the importance and benefits that the NSW State Library provides (LIAC resource). It allows access to legal information which is easy to read including pamphlets, guides, hot topic magazines and legal texts including The Law Handbook.

Opening Plenary: Challenges for Justice

Laurie Glanfield AM, Director General, NSW Attorney General's Department
Opening Address. Read address here

This address acknowledged the important contribution CLCs make in pursuing equality of justice and accessibility to the justice system for all.

Les Malezer, Chairperson, FAIRA (Foundation for Aboriginal and Islander Research Action): Will Indigenous rights change Australia?:

• Listen to mp3 of address
• Download powerpoint presentation
• Read address here

This address began with an examination of the inadequate protection of Aboriginal rights within Australia to the extent that it can be argued that no Aboriginal rights are recognised by the Government of Australia.The history of the development and effect of the United Nations Declaration on the Rights of Indigenous peoples was outlined.  It was noted that Australia was one of four United Nations member states to vote against the adoption of this Declaration in September 2007.

A series of recommendations were made as to how the Declaration can be used to promote the protection of the rights of Indigenous Peoples within Australia.

Showcasing Community Legal Education

This session provided practical and helpful ideas for the effective delivery of Community Legal Education (CLE).

Simone Montgomery (Tenants' Union of NSW) and Alison Aggarwal (CCLCG State Office) - 'Community Education - A Real Practice': Download powerpoint presentation

Simone and Alison reflected upon the tools required to effect change through community legal education. This was distinguished from the concept of information sharing. It was noted that rights based community education should be grounded in human rights and adult learning concepts of participation and empowerment.

In discussing ways to deliver innovative community legal education, it was recommended that a needs analysis be undertaken prior to the presentation. This enables the facilitator to learn more about their audience and to gain ideas from the community with which they will be working

Sharon Callaghan (Community Legal Education Worker Illawarra Legal Centre) and Lajos Hamers (performer) - ' Forum Theatre – Shared learning and further conversations': Download paper

Sharon explained how forum theatre, that is, learning through performance, can be used to address any legal topics. She described one example of how forum theatre was used by a CLC.

Meredith McLaine, Shoalcoast Community Legal Centre - 'Employment Law Diary and Youth Law Diary': Download powerpoint presentation

The “diaries with more than dates” initiative of the Shoalcoast Community Legal Centre was presented by Meredith. This diary is designed to provide young people with legal information about issues that are pertinent to them.  The first diary addressed the issue of youth exploitation in the workplace. The second diary addressed a different topic each month.

Advancing Consumer Rights

This session looked at a range of consumer issues from record household debt and housing repossessions to unfair contracts and the funding of consumer advice.

Katherine Lane - Consumer Credit Legal Centre NSW

Karen Cox - Coordinator of the Consumer Credit Legal Centre (NSW) Download powerpoint presentation.

Elissa Freeman - Senior Policy officer, Choice: Download powerpoint presentation

Speakers discussed how useful current consumer regulation has been in responding to issues such as the explosion in consumer debt and telecommunications, and the mass produced, non-negotiable consumer contract. They asked 'is there a sub-prime lending crisis in Australia?' The Productivity Commission recently recommended a move from a complex mixture of State and Commonwealth regulation of consumer issues to a national generic consumer law within an integrated national consumer protection framework. This session looked at the failings of the current system and examine what the new proposals might mean, what the risks might be and whether Australia is finally going to get national unfair contract laws.

Guide to Publishing

In this session presenters discussed their experience with production of a recent publication. The panel looked at different aspects of publishing including tricks of the trade learnt from experience, project managing the production of a resource, publishing with no words and copyright.

Meredith Osborne, Elizabeth Evatt Community Legal Centre: Download powerpoint presentation

Sue Scott, Law and Justice Foundation of NSW, Download powerpoint presentation.

Kim Price Women's Legal Services NSW

Robyn Ayres, Arts Law Centre of Australia: Download powerpoint presentation.

Aboriginal Legal Access and CLCs

CCLCG's Aboriginal Legal Access Program (ALAP) is a state-wide program which aims to enable better access by Aboriginal people to legal services. This workshop provided an overview of the ALAP, including presentations from some CLCs currently funded through the ALAP Grants Scheme.

Renee Williamson - Aboriginal Legal Access Program Coordinator CCLCG: Download powerpoint presentation

Melinda Brown - ALAP Project Worker, Mirrung Ngu Wanjurri, Northern Rivers CLC: Download powerpoint presentation

Anna Cody - Coordinator, Kingsford LC

Jemilah Hallinan, Education Officer, Environmental Defender's Office

Access to Justice for CALD Communities

Following the release of the research report "Long way to Equal" which highlighted the ongoing barriers CALD women face in the legal system, Women's Legal Services facilitated a panel presentation of projects which provide accessible information about the legal system for CALD communities and tips for working with multi-cultural radio.

Jane Corpuz-Brock, Immigrant Women’s Speakout Association, Kirsten Cameron, Legal Aid NSW, Anna Schinella, SBS Radio and Janet Loughman, Women’s Legal Services NSW.

MC - Judith Levitan, Women’s Legal Services NSW

Jane Corpuz-Brock, Immigrant Women’s Speakout Association – Audio Plays about Domestic Violence in Community Languages

Many refugees are not able to read in their own language, for example many people from Sudan, Dinka, Arabic speakers who have been in camps for a long time have not had the opportunity to learn to read in their language. There are certain perceptions of the legal system involving the police, application for an AVO. It is still rare for them to go to a lawyer because they don’t’ see the positive in going to the police for assistance.

The radio play idea – the script has to be able to describe concepts and terminology through audio. The project found that its a mistake to make a translation of technical terms. For example use of terms like Apprehended Violence Order, Legal Aid, Court assistance scheme, cannot be effectively translated and need to be familliarised in english.
After first round of translation has been done its crucial to then go back to the community to ask if the conversations are clear and appropriate before recording. The main reason to launch the resource is so that the community access it, make it known among community leaders and get feedback as soon as possible.

Kirsten Cameron, Legal Aid NSW – Welcome to Legal Aid Project

This CD Rom resource project came about identified with a gap in information for people who don’t read in their country of their origin and the other languages Legal Aid produce in. Legal Aid adopted an audio format for “Do you have a legal problem?” which it launched at Auburn Town hall during 2006 Refugee week with 4000 CD/2000 resource units. The original was well received but ran out in 12 months. Much cheaper to build on another resource then starting again. Arabic, and Juba Arabic translations were included at request of community centres. $7 per unit. $3000 on each language. LAC will be able to add new languages each year.

Kirsten has seen the CDs used in workshops at migrant resource centres, by workers at these centres, and at specialist schools for refugee students. Workshops do not contain same info as Cds. Cds are taken away as a reference. Krio and Burundi are new languages LAC will produce the CD in.

Anna Schinella, SBS Radio – working with multicultural media

How to access multicultural radio/language media:
Radio is a logical media to use to access and expel information. It plays a growing role in getting messages out to community, and help them negotiate people around systems, departments, government departments etc.
Labour Gov initiative in 1975 when Medicare was getting on its feet. Then the key areas were Mediterranean and Eastern European communities.
Support organisations such as Women’s Speakout, that have guest speakers and information bites. See www.sbs.com.au

Where to access information on what is being broadcast – website www.cbaa.org.au (Community broadcasting association Australia). If you want information out is to contact station coordinator, on the station area that you wish to broadcast.www.nenbc.org.au > home page> select language box >

Community relations website www.crc.nsw.gov.au/ethnic_media for written press  or radio or television. If press release in English,give to CRC, they may translate and put it in their media. Press release to be only one page with three main points, plain English, if you don’t have anyone from the target language group, ask broadcasting language group and then ask questions in languages.

Janet Loughman, Women’s Legal Services NSW – Long Way to Equal Report overview and recent initiatives.

Quarter Way to Equal Report was released in 1994 – 14 years ago. The main barriers to implementing the 53 recommendations were access to legal aid, work of CLC, translators, gov agencies. The Report was received enthusiastically and task forces were established to assist with implementation of recommendations. 10 years later Women's Legal Services undertook research to look at what has changed since the initial report.
They undertook a literature review, consulted with other agencies and interviewed member agencies of the earlier task force.

Women's Legal Services research focused on legal and migrant service. 60 women of 15 national groups. Consultations found family law, migration and DV law to be most important. Transition to adulthood for children, child abuse, credit and debt, discrimination and employment. Results – 19 recommendations

Overview of conclusions: legal access barriers remain; more coordinated approach; violence against women strategy brought out good will from gov agencies and willingness with the issue;  need betters interpreter provision.

Report includes: Descriptions on a number of projects, audio material, radio, dvds, working better with interpreters in mental health, legal settings etc.

Aboriginal Justice

Aboriginal justice faces a crossroads as we contemplate what advances need to be made to make a real difference.  This session was an interactive discussion with leading Aboriginal representatives that explored current issues and directions for achieving justice for Aboriginal communities.

Les Malezer, Chairperson, FAIRA

Ruth Simon, Director, Dtarawarra Aboriginal Resources Unit:

• Download powerpoint presentation
• Download paper 1
• Download paper 2
  

Nathan Tyson, Australian Securities and Investments Commission / Ngalaya Aboriginal Corporation

Sam Joseph, Aboriginal Justice Advisory Council: Download powerpoint presentation

Cleonie Quayle and Peter Lalor, NSW Police: Download powerpoint presentation

Current Issues in Administrative Law

This workshop looked at challenging decisions that are based on the decision-maker's 'opinion' or 'state of satisfaction'.

Dr Christos Mantziaris - Barrister with expertise in public law and commercial law: Download paper

Showcasing Law and Policy Reform

This workshop looked at three recent campaigns involving community legal centres - the APEC campaign, the HPLS fines campaign and the GLRL '58 in 2008' campaign. The workshop discussed the role of CLC's in each of the campaigns, the different campaign strategies employed and what worked and what didn't.

Emily Gray - Co-convenor, Gay & Lesbian Rights Lobby: Download powerpoint presentation

The "58 in 2008" campaign is about implementing the 58 recommendations for the 2006/2007 HREOC Enquiry and Report "Same Sex: Same Entitlements".

Dale Mills - Co-ordinator, Human Rights Monitors

Dale discussed how the 2007 NSW APEC legislation suspended civil liberties. Dale organised the Human Rights Monitors – 30 on day; evidence of arrest of prohibited persons not in green area – trespass; powers used outside of designated areas – body searches in Bankstown. He discussed how the APEC powers will effect future events which will be effected: World Youth Day and climate camp Newcastle.

Kirrillie Moore - Senior Solicitor, Redfern Legal Centre: Download powerpoint presentation

Elisabeth Baraka - Co-ordinator, Homeless Persons Legal Service Fines Campaign

Client with $35,000k in fines, e.g. woman accrued $800 – in 20m. Seeing a lot of these cases everyday. Overtime wanted to bring these cases to the government’s attention. For every matter – would gather evidence and go through the full litigation process – they became aware of issue that way and were interested in resolving. “Not such a fine thing” publication – April 2006.

Used Media: Be a thorn in the side of the government.Be ready to revisit message. Invited to sit and brainstorm with government. Changing layout of forms. Ability to pay by installments – automatic installments for people on social security. Can now ring someone directly. Examples of media release.

What's new in CLCs?

CLCs are always introducing new ways of providing legal services that break down the barriers to access. This workshop showcased four new CLC projects in the areas of insurance law, mental health legal services, aged care legal services and legal assistance for home builders.

Margaret Small, The Aged Care Rights Service -  'Older Persons Legal Service': Download paper

Stephen Kilkeary, Public Interest Advocacy Centre - 'Mental Health Legal Services Project': Download powerpoint presentation

Natahsa Pateman and Theresa Simon, Macquarie Legal Centre - 'Home Building Advocacy Service'

see www.macquarielegal.org.au

Karen Cox, Consumer Credit Legal Centre - 'Insurance Law Project'

see www.cclcnsw.org.au

Child Sexual Assault in Aboriginal Communities

Presenters provided an overview of the Breaking the Silence Report and its implementation, and shared current community experiences and community projects. Participants discussed what actions can be taken in this area.

MC – Christine Robinson, Wirringa Baiya Aboriginal Women’s Legal Centre

Pam Greer, Community Educator

Glendra Stubbs, NSW Ministerial Advisory Panel on Child Sexual Assault

Joyce Donovan and Trish Levett, Narinya Cultural Healing Workshop

Alister Ferguson, Bourke Aboriginal Community Working Party

Violence against women - Current issues

The panel provided an update on current issues in representing women in domestic and sexual assault matters. Topics covered included the new domestic violence laws, cross-applications in ADVO and the sexual assault communications privilege.

Jane Wangmann, University of Sydney:

Jane conducted research in relation to AVO cross-applications. She asked: To what extent do AVO cross applications take place? Are there difference in the allegations made by women and men? How are cross applications responded to and resolved by the legal system.

Alicia Jillard, Women's Legal Services NSW

Karen Mifsud, Women's Legal Services NSW: Download powerpoint presentation

Towards end of 2007, Gov enacted new leg in relation to APPVO. Crimes Domestic Violence. Assented early Dec, in force from 10 March. Major difference was in pt 15 A in Crimes Act in a stand alone Act.

Youth Justice

An emerging issue in juvenile justice has been the increase of young people being held in custody due to homelessness and a lack of accommodation available when entering into bail.  Speakers discussed the impact on young people and the recent amendments to the Bail Act.  Participants discussed what actions can be taken in this area and how the CLC sector as a whole can contribute.

Katrina Wong, Marrickville Legal Centre: Download presentation

Aaron Tang, Children's Legal Service, Legal Aid Commission;

Loretta Allen Weinstein, Department of Juvenile Justice;

Leah Cruickshank, Children's Court Assistant Scheme: Download powerpoint presentation

Opening Plenary: Pathways for Justice

Welcome to Country: Richard Green

MC- Robin Banks, CEO, Public Interest Advocacy Centre

Keynote presentation: Joe Harman – Lamrocks Lawyers, “Settle for A Draw”:

• Listen to mp3 of address
• Download paper
• Download accompanying pictures

Moving forward in family law means: focusing on the people in the centre of the issue – they have to live the solution; understanding that resolutions must be open to change as circumstances change; vital role of education in changing attitudes to family dispute.

Keynote presentation: Kate Lee, Assistant Secretary, Australian Services Union (NSW/ACT),  “Social Inclusion Agendas and how CLCs can advance funding & quality service provision”:

• Listen to mp3 of address
• Download powerpoint presentation

Kate discussed the link between achieving social inclusion and ensuring the health and capacity of the community sector:

• Limited access to skills, education and training
• Sector dependant on people
• Promote unique role and ensure it is valued
• Low level of unionisation and organization

Researching Legal Needs

This session looked at what CLCs can do to research legal needs in their area, and how this can contribute to their strategic planning.

Jenny Lovric, Legal Aid Commission. Download powerpoint presentation

Jenny Lovric talked about the Cooperative Legal Services Delivery Model and how it uses data from the Law and Justices Foundation to help legal services in regional NSW plan and deliver their services.

Polly Porteous CCLCG: Download powerpoint presentation

Polly talked about the Strategic Service Delivery Model (SSDM) for CLCs and was discussed and how it should become part of the normal way that the centres function. CCLCG is applying for a grant from the Law and Justice Foundation to pilot integrating legal needs research into strategic planning for CLCs.

Identifying characteristics of your community is important for designing service delivery. Eg homelessness, mental illness, age demographics, chronic disease/disability all have different types of legal events.

Legal Issues Facing Indigenous Artists

The burgeoning interest in Aboriginal art has led both to opportunities for Indigenous artists and their exploitation. In this session Arts Law's Artists in the Black service outlined issues facing Indigenous artists and the private protection of Indigenous cultural heritage. What can we do to provide better protection? Arts Law explained how it works to protect Indigenous artists through both domestic laws and international lobbying.

Patricia Adjei - Indigenous Solicitor, Artists in the Black Service

Delwyn Everard - Senior Solicitor, Arts Law Centre of Australia

Freedom of Information

Ever wondered what  to do with an FOI determination? This workshop looked at how to phrase FOI requests, and what to do when determinations refuse access or the agency fails to provide determinations within a legislative time frame.  Practical examples will be used to examine both the legislation and case law.

Speaker: Mark Robinson, Barrister, Wentworth Chambers:

• Download paper 
• Download powerpoint presentation

CLCs Working with Human Rights

Increasingly CLCs are using human rights frameworks in their work through Special Rapporteur inquiries, reporting to treaty monitoring bodies and through calling for a Charter of Rights.  This workshop looked at what we have done recently and discuss how human rights can inform our work and whether it is a useful area for CLCs to get involved in.

Jo Shulman, Disability Discrimination Legal Centre NSW;

Teena Balgi, NACLC Co-Convenor National Human Rights Network; 

Robin Banks, Public Interest Advocacy Centre;

Les Malezer FAIRA.

Relationship Building with Law Firms

The workshop provided guidance to practitioners on conciliating discrimination complaints generally and in particular disability discrimination complaints. It also examined disability discrimination law and the leading cases in the areas of employment and education.

John Corker, National Pro Bono CLC: Download powerpoint presentation

Annette Bain, Freehills;

David Hillard, Clayton Utz;

Jennifer McVicar Baker & McKenzie;

Dixon Hearder, Corrs Chambers Westgarth.

Resolving Discrimination Complaints -  in particular Disability Discrimination Complaints in Employment and Education

Jo Shulman, Principal Solicitor, Disability Discrimination Legal Centre (NSW): Download powerpoint presentations

Sofie Georgalis, Principal Investigation/Conciliation Officer, Human Rights and Equal Opportunity Commission: Download powerpoint presentation

Animal Law in the Community Sector

Animal Law is a growing social justice movement that seeks to improve the lives of animals through law reform and increasing public awareness of animal protection issues. The workshop initiated discussions of how to include animal law in the service delivery of community legal centres in NSW.

Marianne Maguire - Solicitor and Project Officer of the Pro Bono Animal Law Service (PALS),

Katrina Sharman - Corporate Counsel for Voiceless, the fund for animals. Katrina is a leading force in the animal law movement.

Animal law 101 – law for non human animals - Animal law is a new environmental law, an emerging social justice movement, now moving into mainstream and gaining legitimacy.

The role of animals in society and daily lives includes:

• Pet ownership
• Factory farming 

Factory farming causes great suffering that is hidden from the public eye. Routine mutilations are enshrined in legislation.

Animals are 'legal things' with no rights. The definition of ‘cruelty’ is not uniform across Australia.
Not all animals are equal, stock animals are treated differently to companion animals.

Animal welfare laws are underpinned by Codes of Practice, which legitimise cruelty to farm animals by permitting certain acts of cruelty.

Nic Patrick - National Pro-Bono Director, DLA Phillips Fox.

Nic has been instrumental in raising awareness of animal law in large firms. There is growing awareness in the community about farming practices and supply chain issues. Consumers have a greater awareness and ability to manipulate production practices.
Public awareness is generated through running cases. We won’t necessarily win all cases, but this will put the issues in the public domain.

Pro Bono resources are finite – Philips Fox does 3%. There are competing demands for time.
Law firms haven’t necessarily come to grips with animal law issues. Philips Fox has completed over $500,000 in pro bono animal law matters.

The challenge for Philips Fox and PALS is ‘selling’ the matters. There are a lot of cases in farming. Legislation is so hard to negotiate, they must give preference to certain matters and strategically chose which cases to run. It is difficult.

Actions/Recommendations

1. Familiarise yourself with issues
2. Read Animal Law cases – Animal Legal Defence Fund, Voiceless Law Talk
3. Consider PALS referral service at your CLC

Compensation, reparation & redress 

This workshop discussed compensation and reparation schemes that seek to address historical wrongs perpetrated by the State against vulnerable victims, including children in State care and indigenous peoples.  The recent Tasmanian scheme for members of the Stolen Generations and international examples from Canada & Ireland were presented.  Possible elements of compensation and reparation schemes were discussed in the context of designing a redress scheme for children in State care in NSW.  

Laura Thomas, Lizzie Simpson and Enda O'Callaghan (Public Interest Advocacy Centre) Download paper Download powerpoint presentation

Valuing Volunteers Kit

This workshop introduced the Valuing Volunteers Training Kit: A Resource for Volunteers at Community Legal Centres.

Gillian Wilks -Peninsula CLC Manager Projects and Development, Project Worker and co-author Valuing Volunteers Kit

Catherine Currie - Peninsula CLC Project Worker

Copies of the Kit are available to CCLCG members. For more information on the kit, contact pclc@pclc.org.au.

Aboriginal Care and Protection Issues

Aboriginal families continue to deal with a range of care and protection issues. This workshop explored the key concerns and how Aboriginal communities and organisations are dealing with these issues.

MC - Lyn Larkins, Shoalcoast CLC

Bill Pritchard, Executive Officer, Aboriginal Child, Family and Community Care State Secretariat (AbSec)

Nicole McKinnon, Aboriginal Legal Services (NSW/ACT)

This session covered the following points:

• 
  Need specialised lawyers in children's care and protection
  Primary principles/ and least intrusive principle
  Number of children in family is not an issue of neglect
• Kinship is very different in Aboriginal community – very different to Aunty/Uncle, it’s a community. Getting magistrate to understand this is hard – magistrate only recognises blood relations
• Body language – not looking out of respect – DOCS thinks if they don’t look at you – they must be lying
• 10 times more Aboriginal children are part of the care and protection system than non-Indigenous.
  Over-established. DOCS must seek leave of magistrate to file documents (except to DOCS)
  “interim orders to continue” – allows filing of documents to continue.
• Interim orders to be with the family member not the Minister – i.e. parental responsibility – not have DOCS have contact and residence

Centrelink and Participation Failures

This workshop covered the 'compliance' regime that applies to many social security payments. Presenters spoke about how 'participation failures' are applied, the payments to whom they apply, how to appeal the, and wet through some case study examples.

Dianne Anagnos, Solicitor, Welfare Rights Legal Centre and Melissa Coad, Education Officer/Caseworker, Welfare Rights Legal Centre:

• Download paper
• Download powerpoint presentation

Melissa and Dianne discussed the impact of the “welfare to work” rules on the social security entitlements of vulnerable groups – single parent/low income families and people with disabilities. The looked at the unfairness of participation failure regime and the particular unfairness of failures which apply to people leaving employment – in general the intersection of social security law and employment law.

Gave a rundown of law and policy that applies to the application of participation failures. Looked Problems our clients face with: 

• Job capacity assessors 
• Job network providers

Anti-Discrimination Law- New Models

Dr Belinda Smith - lecturer at USYD Law School; researcher in the art of anti-discrimination law, gender equity and family conflict

Shirley Southgate - principal solicitor - Kingsford Legal Centre:: Download paper

Shirley introduced the workshop by noting that the time is right to launch a reform campaign on discrimination law. The issue is being considered by SCAG and the NSW Attorney General's Department. It is therefore an opportune time at both the state and federal law to consider law reform and policy in anti-discrimination law.

Shirley introduced Dr Belinda Smith who spoke to the paper, in particular referring to the table “Outline of Regulatory Options and Choices for Australian Anti-Discrimination Law”. Belinda discussed Australian models.

Shirley then led a discussion about how people would like to see the system changed.  Participants’ responses were noted and Shirley and other CLC people will use these ideas to launch this campaign.