On the Record – The e-bulletin
Community Legal Centres: Community, Compassion, Justice
Issue #6 March 2008
This
is the sixth edition of On the Record, the quarterly e-bulletin of the
NSW Community Legal Centres. Community Legal Centres (CLCs) are
independent community organisations providing equitable and accessible
legal services. To find out more about CLCs in NSW visit
www.nswclc.org.au
For more information about On the Record, or
any of the events happening in the Community Legal Centres, contact
Jean Parker at the State Office of the Combined Community Legal Centres
Group (CCLCG) jean_parker@clc.net.au or phone 9212 7333
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Contents:
1. NSW Community Legal Sector:
NSW Community Legal Centre State Conference
7-9 April 2008
Community Legal Centre work recognized with accolades
CCLCG Training Program warms up
2. Community Law:
Illawarra Legal Centre makes illegal lockout costly for landlord
New Mental Health Legal Services Project at PIAC
Redfern Legal Centre launches 2 new services for students
Justice Action – Supreme Court Case run at Kingsford Legal Centre
PIAC achieves settlement in Railcorp assault, battery and false imprisonment case
Women’s Legal Services NSW prepare for mediation workshops
Kingsford Legal Centre Employment Clinic News
3. Human Rights in Action:
CLCs Bring International Human Rights Day to their communities
Hawkesbury / Nepean Legal Centre Domestic Violence Day concert in a women’s prison
PIAC makes Federal Budget submission
Redfern Legal Centre runs successful disability discrimination case in HREOC
Elizabeth Evatt CLC goes green
Kingsford Legal Centre Director delivers address at Migrant Lawyers Conference in China
4. Publications:
Caring for Country – Environmental Defender’s Office
Northern Rivers Community Legal Centre launches a new website
The Children's Court, DoCS, My Child and Me - Shoalcoast Community Legal Centre
Get the Facts on GreenPower - Elizabeth Evatt CLC
Flight Closed – PIAC and NSW Disability Discrimination Legal Centre report launched
Guide to Unfair Dismissal laws – Inner City Legal Centre and Kingsford Legal Centre
5. Events and Developments:
Short films for Law Week at the Illawarra Legal Centre
Caring for Country workshops – Environmental Defenders Office
Arts Law Week – March 31st-April 5th
6. What are the Community Legal Centres and What is CCLCG?
1. NSW Community Legal Sector:
NSW Community Legal Centre State Conference
7-9 April 2008 justiCe:
CLCs Celebrating Change and Connecting Communities. Citigate Sebel Hotel 28 Albion St, Sydney This
conference aims to bring together a wide range of people from around
NSW including representatives from community organizations, academia,
the private sector, government sector, and community legal
centres.
Taking a broader social justice and human rights perspective,
the conference will explore current issues in the justice system, their
impacts on disadvantaged and marginalised communities in NSW, and
strategies for ensuring accessibility and equity in the justice system.
This includes workshops and presentations on:
- Aboriginal Justice
-
Sexual assault and domestic violence laws
- New projects by CLCs
-
Administrative Law
- Youth Justice
- Showcasing Law Reform and
Policy
.... and more!
Registration brochures can be downloaded from our website, and a full program will be available on our website soon.
For
more information about the conference, please contact Alison Aggarwal
at the State Office on 9212 7333 or Alison_aggarwal@clc.net.au
Community Legal Centre work recognized with accolades Redfern Legal Centre wins Law category at the HREOC 2007 Human Rights Awards
The
2007 Human Rights Law Award was awarded to the Redfern Legal Centre.
The Law Award is sponsored by the Law Council of Australia. The
award was presented by Mr Ross Ray, President of the Law Council of
Australia.
HREOC explains the value of Redfern’s work:
“Redfern
Legal Centre was established in 1977 and has been providing free legal
advice, legal services and legal education to disadvantaged people, and
the groups who advocate for them, ever since. The centre has also
campaigned tirelessly to reduce inequalities and defects in the legal
system and the administrative and social practices that impact upon
disadvantaged people.
The centre operates on a very limited budget.
It relies heavily on volunteer labour and pro-bono assistance from
legal professionals to service a heavy caseload and clients that number
in the thousands. A very high proportion of the centre’s clients are
from Aboriginal and Torres Strait Islander (ATSI) and Culturally and
Linguistically Diverse (CALD) communities.
One of the centre’s major
achievements has been the coordination of the innovative Redfern
Women’s Domestic Violence Court Assistance Scheme, which aims to ensure
that women seeking a restraining order have access to both legal
assistance and to any other support services they may require (such as
housing, income support and counselling). The scheme is widely
recognised as a successful model for providing women who suffer
domestic violence with the support that they need.
Much of the
centre’s activities are concerned with domestic violence, disability
discrimination, racial discrimination and Indigenous issues”.
Kingsford Legal Centre Director Anna Cody wins Women Lawyers Association of NSW Achievement Award
Anna
Cody, Director of the Kingsford Legal Centre was the recipient of the
2007 Achievement Award, in the Government or Community Lawyer category,
awarded by the Women Lawyers Association of NSW. The Women Lawyers’
Association of New South Wales is the peak body representing women
lawyers in NSW for the advancement of women in the legal profession.
Kingsford Legal Centre Staff win UNSW PATS Award:
Denise
Wasley, Anna Hartree, Teena Balgi, Linda Tucker and Shirley Southgate
were thrilled to be awarded the 2007 UNSW Professional & Technical
Recognition Award for Excellence in Enhancing the Student
Experience. The Award was presented to staff by Deputy-Vice
Chancellor (Research) Professor Les Field at a ceremony on 12
December. Anna Cody, KLC Director, had nominated the team
for their innovative and energetic work with Law Faculty's students who
participate in KLC through their clinical legal education
courses. The award is well deserved and further recognition of
the excellent service provided at Kingsford Legal Centre.
Welfare Rights Centre Director Michael Raper wins a 2007 Justice Medal:
The
Law and Justice Foundation of NSW presented its awards at a ceremony on
31 October 2007 at Parliament House. The Justice Medal is the
pre-eminent Award for outstanding individual achievement in improving
access to justice especially for socially and economically
disadvantaged people. Michael Raper from the Welfare Rights Centre of
NSW won this award for his passionate yet balanced campaigning and
advocacy for reductions in levels of poverty, inequality and hardship.
Director since 1990 of the NSW Welfare Rights Centre, he leads a
community legal centre specialising in Social Security and Family Tax
Benefit law, helping the most disadvantaged people access their
entitlements.
CCLCG Training Program warms up:
The
CCLCG Training Program was introduced in 2007. After conducting a
training needs analysis of CLC staff, the Program has already delivered
training courses CLC staff and other members of the legal sector.
Some of the training topics delivered so far include:
- Aboriginal Cultural Awareness
- Time Management and Self Leadership
- Mentoring as a Learning Strategy - an introduction
- Community Legal Education (in conjunction with the Tenant's Union)
-Advanced Media Skills training (with PIAC)
In
the courses listed above, there have been almost 60 participants. The
feedback from these courses has been great and the Aboriginal Cultural
Awareness and Time Management Workshops will be repeated in May due to
popular demand.
2. Community Law:
Illawarra Legal Centre makes illegal lockout costly for landlord:
The
Illawarra Legal Centre Tenants Service recently represented a tenant at
the Consumer, Trader and Tenancy Tribunal in an illegal lockout case.
The landlord entered the premises before the tenancy had ended, changed
the locks and put some of the tenant’s goods out into the front yard.
The landlord refused to let the tenant recover the goods and they were
destroyed by rain.
The tenancy was in a small town and the
landlord made representations around town that the tenant had been a
bad tenant, which was not the case.The tenant was awarded a total of
$10,000 in compensation for economic and non-economic loss. This is the
maximum the Tribunal can award. For more information contact Illawarra
at www.illawrralegalcentre.org.au
New Mental Health Legal Services Project at PIAC:
The
Mental Health Legal Services (MHLS) Project started in January 2008
will run for 2 years. This program will explore the unmet legal needs
of people who are mentally unwell, enable those needs to be better met
through piloting innovative strategies.
The target group for the MHLS Project will be those individuals who are mentally unwell
and who because of that have access to justice issues in areas such as...
• Crimes of violence
• Crimes of deception
• Family law matters
• Care and protection of children matters
• Discrimination, harassment and vilification
• Health care and service delivery
• Housing and social welfare
• Credit and debt
PIAC will research and pilot both capacity building/training and new mental health legal service delivery models.
PIAC
wants to talk with consumers, carers, workers, academics and others
with an interest in this important subject. If you have any questions,
comments or ideas regarding the MHLS Project, please contact the
Project Coordinator, Stephen Kilkeary skilkeary@piac.asn.au or call
8898 6513 www.piac.asn.au
Redfern Legal Centre launches 2 new services for students:
For
many years Redfern Legal Centre have run a legal service from the
Sydney University Students’ Representative Council (SRC) which
represents undergraduates. Now the centre has launched a new service
from the Sydney University Postgraduate students’ representative body,
SUPRA (Sydney Uni postgraduate and research students).
Redfern Legal Centre has also started running a service at Sydney Institute of TAFE, Ultimo.
This existing service was previously auspiced by the UTS Community Legal Centre.
Justice Action – Supreme Court Case run at Kingsford Legal Centre:
Kingsford
Legal Centre recently assisted a member of the criminal justice
activist group, Justice Action, in an expedited Supreme Court hearing
against the NSW Commissioner for Corrective Services, Ron Woodham.
Kingsford’s client challenged the Commissioner’s refusal to allow
copies of the Justice Action newsletter, ‘Just Us’, to be distributed
to inmates in prisons across the State. Kingsford Legal Centre and
barrister Ben Zipser represented the client against the Commissioner.
The matter was heard over almost 2 days before Justice Fullerton, who
will hand down her decision early next year. For more information
contact Kingsford Legal Centre on 9385 9566.
PIAC achieves settlement in Railcorp assault, battery and false imprisonment case:
In
early 2007, PIAC brought a claim on behalf a client in the District
Court against RailCorp NSW and five transit officers for false
imprisonment, assault and battery. PIAC alleged that the transit
officers had overstepped their powers and detained the client against
her will as well as assaulted her. The matter settled in December 2007.
The terms of the settlement are confidential.
The client’s claim was
taken on by PIAC as part of the CIDnAP (Children in Detention Advocacy)
Project. Many of the project's cases involve young people who have been
picked up for breaching out-of-date bail conditions. PIAC is currently
holding discussions with the NSW Government about ensuring that
information such as bail conditions held by the Police is accurate and
up-to-date, so as to avoid young people being wrongfully arrested and
detained. Please contact Jessica Cruise at PIAC's for more information,
on 02 8898 6516, or email jcruise@paic.asn.au
Women’s Legal Services NSW prepare for mediation workshops:
Staff
from Women’s Legal Services recently observed Penrith Family
Relationship Centre group sessions, as preparation for a series of 6
workshops to prepare women for mediation. The workshops will be held
between March and July 2008 in conjunction with Hawkesbury-Nepean
Community Legal Centre. Contact Women’s Legal Services on 02 9749 7700.
Kingsford Legal Centre Employment Clinic News:
In
a recent unfair dismissal application, Kingsford Legal Centre’s client
had been in the same workplace for 17 years but new owners had taken
over five months prior to her dismissal. Despite evidence that the new
employer had assured employees that there would be no change to their
status, the client was still excluded from the unfair dismissal remedy
because of the 6 month qualification period required by the Workplace
Relations Act. This exclusion, which was introduced by the WorkChoices
amendments, is particularly detrimental for long term employees when
there has been a change of ownership as the qualifying period applies
unless there is written agreement between the employer and employee to
set it aside. This qualifying period applies, this case has highlighted
the vulnerability of employees continuing in a business with new
owners. See Lisa Patricia Stanfield v Childcare Services
Pty Ltd, [2008] AIRC 127. For information contact Kingsford Legal Centre on 9385 9566.
3. Human Rights in Action:
CLCs Bring International Human Rights Day to their communities!
December
10th is International Human Rights Day, and last December CLCs from
across the State took the opportunity to raise Human Rights issues in
the context of their local areas:
Redfern Legal Centre celebrated Human Rights Day by holding a ‘welcome’ morning tea for members of African communities in their area.
The Illawarra Legal Centre
along with local community workers marked International Human Rights
Day by holding a human rights stall at the steps of the Wesley Church.
Visitors to the human rights stall had the opportunity to send a post
card to Australian and other leaders to express the idea that human
rights must be at the forefront of all political decision-making. The
cards reinforced the idea of our collective responsibility to protect
freedoms and work for justice.
The Northern Rivers CLC
- had a "village barrow" stall in the centre of Lismore on December
10th, where 130 members of the community wrote and signed their own
letters on a range of human rights issues which were then sent to
relevant federal ministers. These letters addressed issues such as the
rights of Indigenous peoples (including reconciliation, reparations for
the stolen generation, stolen wages), same sex entitlements and right
to adequate housing among others.
In the Community Legal Service Albury/Wodonga,
a human rights poster and balloons were on display at the front door of
the centre, as well as information about the NSW Human Rights Charter
along with Individual Supporter Registration forms for people to sign
to show their support. Resources and posters were organised for display
at the Albury City Library and Upper Murray Family Care's main
reception area.
Hawkesbury / Nepean Legal Centre Domestic Violence Day concert in a women’s prison:
The
Hawkesbury / Nepean Legal Centre domestic violence court assistance
scheme marked Stop domestic violence Day (which falls on November 7th)
with a very successful concert at Dillwynia Women's Prison. Mia
Dyson and some local young women artists performed for the event and
the audience loved it! The event was recorded by a radio station
that broadcasts through prisons. For more information call 02 4588 5618
PIAC makes Federal Budget submission:
PIAC
was pleased to see the call for input from the community to the Federal
Budget process for 2008. In its submission PIAC highlighted specific
areas of Federal Government responsibility where moderate and targeted
expenditure would improve social justice outcomes for individuals and
communities in Australia.
PIAC's priority recommendations are:
Housing and Homelessness
- Funding the development and implementation of a National Homelessness
Strategy and also funding State and Territory Governments to expand the
Supported Accommodation and Assistance Program (SAAP).
Human Rights
- Funding a national public consultation and community education
program as part of the inquiry into the adoption of a national Charter
of Rights. Funding alternatives to mandatory detention of asylum
seekers and ensuring that any detention regime is limited to the
absolute minimum necessary to undertake initial health and security
checks.
Indigenous Justice
- Funding the implementation of
a comprehensive response to the recommendations of the Bringing Them
Home Report and the establishment of a reparations process.
Building Energy Capacity
- Allocate funding to ensure that consumers are protected in the new
national energy environment, and ensure access by consumers to
competitively priced and affordable energy services, regulation of the
national energy market and viable dispute-resolution mechanisms.
Consumer Policy Framework -
Provide
enhanced support for individual consumer advocacy through increased
resourcing of legal aid, the Community Legal Services Program and the
financial counselling services, especially for vulnerable and
disadvantaged consumers.
The full text of PIAC's Federal Budget
submission is available at
http://www.piac.asn.au/publications/pubs/sub2008011_20080118.html
Redfern Legal Centre runs successful disability discrimination case in HREOC:
The
Redfern Legal Centre recently represented a client at the Human Rights
& Equal Opportunity Commission (HREOC) for conciliation. The
case involved a disability discrimination complaint against a private
tertiary education provider.
The client was relieved to be able
to raise her grievances directly with the head of the College (although
not personally involved in the acts of discrimination and other
unprofessionalism), after being denied for so long. The hearing also
threw light onto the lack of courtesy and professionalism shown by the
College when attempting to deal with the client. The tactic of the
college had been to simply not respond to complaints made.
The
conciliation outcome was hugely successful. The client was awarded
everything she sought, with the exception that only half of her tuition
fees were refunded. The process also allowed the legal staff the
opportunity to air criticism of the lack of courtesy and
professionalism shown by the College when attempting to represent the
client.
Redfern Legal Centre lawyers are really pleased with
both the HREOC process and the outcome of the conciliation, as is the
client.
For more information contact Nicki Petrou at Redfern Legal Centre on 9698 7277.
Elizabeth Evatt CLC goes green:
Climate
change is fast becoming one of the most pressing social justice issues
of our time. While the impact of increasing droughts, floods and storms
will be felt across entire populations, communities living on low lying
islands and atolls in the Torres Strait and the Pacific will be the
most seriously affected by rising sea levels and inundation events. It
is absolutely crucial that we act now, individually and collectively,
to tackle this global climate emergency.
Elizabeth Evatt
Community Legal Centre, located in the beautiful Blue Mountains World
Heritage Area, is expanding its environmental work in 2008 following a
staff members’s participation in the Al Gore Climate Project. The first
priority is to get our own house in order. An energy audit of the
Centre has shown that Elizabeth Evatt CLC can achieve around 49% energy
savings by implementing low cost measures such as:
• replacing incandescent globes with compact fluorescents
• using the kettle for boiling water rather than running the instant zipboil system
• ensuring that the automated sleep timers are activated on all computers
•
turning off computers, fax, printer, shredder and photocopier at
the wall as part of office closure procedures.
There are many
ways that CLCs can reduce their carbon footprint and show leadership
around climate justice. The ideas above are just a start and we plan to
do much more in the coming year. For more information contact Meredith
Osborne, Education and Promotion Co-ordinator (02) 4782 6906 or
meredith@eeclc.og.au
Kingsford Legal Centre Director delivers address at Migrant Lawyers Conference in China:
Anna
Cody attended the Capacity Building Workshop for Full -Time Migrant
Workers in January on behalf of the Human Rights and Equal Opportunity
Commission (HREOC). Anna delivered an address on community legal
centres in Australia and Kingsford Legal Centre’s services and teaching
program. Anna spoke on the structure of Legal Aid in Australia and the
development of community legal centres and their role in not only
providing direct services for the more disadvantaged members of our
community but also in community legal education and law reform and
policy work.
The conference was attended by over 70 delegates
who work with Chinese migrant workers. This is a huge issue within
China with over 200 million migrant workers facing issues of injuries
at work, unpaid entitlements and unfair dismissals. The Chinese network
of legal aid stations is growing to try and meet some of those legal
needs and uses some innovative strategies to meet some of the demand
including community legal education programs on radio, newspapers and
television. For more information call Kingsford Legal Centre on 9385
9566.
4. Publications:
Caring for Country – Environmental Defender’s Office:
The
Environmental Defender's Office has recently released a publication
entitled Caring for Country: A guide to environmental law for
Aboriginal Communities in NSW. Caring for Country is a plain-English
guide to assist Aboriginal people to understand their legal rights and
obligation under environmental and natural resource management law.
The
guide explains the law as it relates to and impacts on Aboriginal
people whilst recognising that environmental issues do not affect
everyone in the same way. It deals with issues such as access to
country, cultural heritage, development and managing country. The guide
was produced with funding from the Law and Justice Foundation which
allowed the EDO to establish the Caring for Country project and hire a
dedicated Aboriginal Liaison Officer. The project is now supported by
the Combined Community Legal Centres Group via a grant from the
Aboriginal Legal Access Program.
The guide is free and
available by contacting the EDO on 02 9262 6989. It can also be
downloaded from the EDO website www.nsw.edo.org.au
Northern Rivers Community Legal Centre launches a new website
Check it out at www.nrclc.org.au
The Children's Court, DoCS, My Child and Me - Shoalcoast Community Legal Centre:
Shoalcoast
Community Legal Centre has updated and reprinted its highly popular
layperson's guide to NSW care and protection law: The Children's Court,
DoCS, My Child and Me. Please contact Shoalcoast on 4422 9529 to
request free copies.
Get the Facts on GreenPower - Elizabeth Evatt CLC
The
Elizabeth Evatt Community Legal Centre is working in partnership with
Blue Mountains City Council and our local climate action group on
GreenPower issues. Following a spate of enquiries about aggressive
“green” marketing campaigns by various electricity retailers in our
area, the Centre produced a resource called Get the Facts on
GreenPower. It explains what GreenPower is and how consumers can choose
green energy products wisely. It also includes simple tips for
householders on how to reduce greenhouse gas pollution and save money
on power bills at the same time. For more information contact Meredith
Osborne on 4782 6906 or email Meredith@eeclc.org.au
Flight Closed – PIAC and NSW Disability Discrimination Legal Centre report launched
This
report on the problems facing people with disabilities in airline
travel was launched at Sydney Airport on 13 December 2007. At the
Launch HREOC representative Mr Innes said HREOC would use the report's
findings in its discussions with the airline industry, government and
CASA to ensure reasonable accessibility standards are introduced and
enforced for airline travel for people with disabilities.
The launch
also attracted very good media coverage with articles in The Australian
and Sydney Morning Herald newspapers plus widespread national and local
radio interest. Copies of the report are being sent to government to
encourage action to improve access for people with disabilities.
Flight Closed can be viewed at: http://www.piac.asn.au/publications/pubs/rep2007123_20071201.html
Media Release for Flight Closed can be viewed at: http://www.piac.asn.au/news/media/20071213_fltclsdrp.html
Please contact Brenda Bailey by e-mail to bbailey@piac.asn.au or by phone to 02 8898 6522 to obtain a bound copy of the report.
Guide to Unfair Dismissal laws – Inner City Legal Centre and Kingsford Legal Centre:
After
many years hard work by Kingsford Legal Centre and Inner City Legal
Centre, the guide was launched as a web resource in October 07.
Although the federal election results will mean this will need to be
updated, the everchanging industrial relations environment makes it
very difficult to provide easy to read up to date information. The
constantly changing law also makes the need for clear guides to the law
very pressing. The guide was launched by the State Minister for
Industrial Relations and will assist unrepresented litigants and
employment lawyers advise and represent clients in this area of law. To
read or download the guide go to www.iclc.org.au/udg/
5. Events and developments:
Short films for Law Week at the Illawarra Legal Centre:
The
Illawarra Legal Centre in conjunction with Illawarra Multicultural
Services is marking Law Week by presenting a series of short films that
explore workplace discrimination, racism and violence in the home. The
presentation is for community workers seeking greater awareness of
issues that may face recent arrivals to Australia, most particularly
from African countries. The session will provide workers with an
opportunity to exchange ideas on work in the areas of discrimination
and domestic violence.
The workshop will be held on Thursday 3rd
April at Illawarra Multicultural Services, 27 Atchison Street,
Wollongong. The workshop will commence at 9.30am and run to 12 noon.
The writers and directors of the films will participate in the workshop.
The shorts emerged from a directing and drama workshop series, where 20 participants from the Sudanese Filmmaking Group.
Please RSVP by calling Sharon Callaghan on 42754702 and visit www.illawarralegalcentre.org.au
Caring for Country workshops – Environmental Defenders Office:
The
Environmental Defenders Office (EDO) is presenting workshops based on
its new publication - Caring for Country: A guide to
environmental law for Aboriginal Communities in NSW. Caring for Country
is a plain-English guide to assist Aboriginal people to understand
their legal rights and obligation under environmental and natural
resource management law. Future Caring for Country workshops will be
held in Deniliquin on March 8 and Wagga Wagga on March 9. Contact the
EDO for more information on 02 9262 6989 or go to the EDO website
www.nsw.edo.org.au
Arts Law Week – March 31st-April 5th:
The
Arts Law Centre of Australia (Arts Law), with the support of the City
of Sydney is presenting a series of free seminars and workshops for
Sydney based artists, arts organisations and other creative people.
Presented
by Arts Law legal staff, Sydney entertainment lawyers and industry
professionals, there will be sessions for creative people from all art
forms …..musicians, filmmakers, writers, new media, visual, community
and Indigenous artists.
To download the program for Arts Law Week visit www.artslaw.com.au or call 9356 2566
6. What are the Community Legal Centres and What is CCLCG?
Community
Legal Centres (CLCs) are independent community organisations providing
equitable and accessible legal services. NSW CLCs work for the public
interest, particularly for disadvantaged and marginalised people and
communities. Community Legal Centres not only provide legal advice and
assistance, but also encourage and enable people to develop skills to
be their own advocates. We promote human rights, social justice and a
better environment by advocating for access to justice and equitable
laws and legal systems. Centres work towards achieving systemic change
through community legal
education, and through law and policy reform.
The
Combined Community Legal Centres Group (NSW) Inc (CCLCG) is the peak
body for (CLCs) in NSW. We are resourced by a small State Office which
is funded by the NSW Government. CCLCG has 39 member organizations
including generalist and specialist community legal centres. For more
information on the NSW Community Legal Centres or CCLCG go to
www.nswclc.org.au or call 9212 7333.
