Annual Report 2005-2006 - pilch

Annual Report 2005 – 2006

PUBLIC INTEREST LAW CLEARING HOUSE
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The Public Interest Law Clearing House (‘PILCH’) is an independent, not-for-profit legal
referral service. It seeks to meet the legal needs of community groups and not-for-profit
organisations, and individuals from disadvantaged or marginalised backgrounds.
PILCH acts as a facilitator or go-between for pro bono legal assistance between the
community and the private legal profession. Its main role is to receive, assess and refer
requests for pro bono legal assistance. PILCH aims to work creatively to match clients
with lawyers willing to give their services without charge.
PILCH coordinates the delivery of pro bono legal services through four schemes:
• the Public Interest Law Scheme;
• the Victorian Bar Legal Assistance Scheme (‘VB LAS’);
• the Law Institute of Victoria Legal Assistance Scheme (‘LIV LAS’); and
• the Homeless Persons’ Legal Clinic (‘HPLC’).
PILCH assists individual clients who satisfy legal merits and means tests and who are
ineligible for legal aid. If the client’s matter raises issues of public interest that require
legal resolution, they will be referred through the Public Interest Law Scheme. They may
otherwise be assisted through LIV LAS or VB LAS. The lawyer who accepts the referral
then acts for the client on a pro bono basis.
Not-for-profit organisations with public interest objectives, or which provide services
that are in the public interest, are also eligible for assistance through the Public Interest
Law Scheme. PILCH aims to support and enhance the work done for and on behalf of
the community by such organisations, which typically function with limited resources, by
providing access to quality legal services.
PILCH thanks its 2005-2006 members for their support and contribution:
Law Firms
Aitken Walker & Strachan
Allens Arthur Robinson
Andrew George Solicitors
Arnold Bloch Leibler
Arnold Dallas McPherson
Baker & McKenzie
Blake Dawson Waldron
Clayton Utz
Corrs Chambers Westgarth
Deacons
Ebsworth & Ebsworth
Francis Abourizk Lightowlers
Freehills
Herbert Geer & Rundle
Holding Redlich
Hunt & Hunt
Lander & Rogers
Maddocks
Mallesons Stephen Jaques
Middletons
Minter Ellison
The Office of David Grace QC
Phillips Fox
Robinson Gill
Russell Kennedy
Sparke Helmore
TressCox
Wisewoulds
Corporate Legal Departments
BHP Billiton
Goldman Sachs J B Were
Linfox
National Australia Bank Ltd, Legal
Department
TABCORP Holdings Ltd, Legal
Department
Transport Accident Commission
Visy Industrial Packaging Holdings
Corporate Sponsors
Exxon Mobil
Professional Organisations
Law Institute of Victoria
Lawyers Engaged in Alternative
Dispute Resolution (LEADR)
Victorian Bar
Universities
Deakin University, Law School
La Trobe University, School of Law &
Legal Studies
Monash University, Law School
University of Melbourne, Law School
Victoria University, Faculty of
Business & Law
HPLC assists people who are homeless or at risk of homelessness through the
provision of legal services in relation to civil law and summary crime. The services
are delivered by PILCH member law firms at ten sites around Melbourne which
are frequented by homeless people to access other related services, such as food
or accommodation.
PILCH’s membership represents the diversity of the Victorian legal profession and
includes private law firms, the Victorian Bar, corporate legal departments, community
legal centres and university law faculties.
Members support PILCH in a variety of ways including financial and ‘in kind’ support
and by accepting referrals for legal assistance.
PILCH’s objectives are to:
• improve access to justice and the legal system for those who are disadvantaged or
marginalised;
• identify matters of public interest requiring legal assistance;
• seek redress in matters of public interest for those who are disadvantaged or
marginalised;
• refer individuals, community groups and not for profit organisations to lawyers in
private practice and to others in ancillary or related fields willing to provide their
services without charge;
• support and enhance community organisations in pursuing the interests of the
communities they seek to represent; and
• encourage, foster and support the work and expertise of the legal profession in pro
bono and/or public interest law.
Community Legal Centres
Aboriginal & Torres Strait Islander
Family Violence Prevention and Legal
Service
Casey Cardinia Community Legal
Service
Central Highlands Community Legal
Centre
Coburg Brunswick Community Legal
and Financial Counselling Centre
Community West
Consumer Law Centre Victoria
Darebin Community Legal Centre
Environment Defenders Office (Vic)
Ltd
Essendon Community Legal Centre
Federation of Community Legal
Centres (Vic)
Fitzroy Legal Service
Flemington-Kensington Legal Centre
Geelong Community Legal Service
JobWatch Inc
Loddon Campaspe Community Legal
Centre
Melbourne University Student Union
Legal Service
Mental Health Legal Centre
Monash-Oakleigh Community Legal
Centre
Peninsula Community Legal Centre
South Port Community Legal Service
Springvale Monash Legal Service
SRC Legal Service, La Trobe
University
Tenants Union of Victoria
Victorian Aboriginal Legal Service
Western Suburbs Legal Service
West Heidelberg Community Legal
Service
Women’s Legal Service Victoria
Supporters
Chris Brien
Matthew Davis
Phoebe Dunn
Simone Finch
Victoria Lambropoulos
Stephanie Lenn
Stephen Ross
Laura Smith
Anna Stewart
Women’s Health West
Heidi Yates
Jacqui Zalcberg

CONTENTS
President's message 2
Executive Directors' Report 4
Public Interest Law Clearing House 7
Case Summaries 10
Victorian Bar Legal Assistance Scheme 12
Law Institute of Victoria Legal Assistance Scheme 15
Homeless Persons’ Legal Clinic 18
Human Rights Law Resource Centre Ltd 21
Fellow Profile 22
Staff 23
Financial Reports 24
BOARD MEMBERS
David Krasnostein (President) National Australia Bank Ltd, Legal Department
Bruce Moore (Treasurer)
Andrew George (Secretary)
Sarah Matheson
Peter Seidel
Fiona McLeay
John Emerson
Jeannie Paterson
Dominique Saunders
Richard McGarvie SC
Helen Rhoades
Judith Dickson
John Sharkey
Di Otto
Peter Noble
Stephen Sawer
Anna Stewart
Ian Walker
Robert Jamieson
Maddocks
Andrew George Solicitors
Allens Arthur Robinson
Arnold Bloch Leibler
World Vision
Freehills
Monash University Law School (alternate only)
Law Institute of Victoria
Victorian Bar
(retired)
La Trobe University, School of Law & Legal Studies
Deacons
University of Melbourne Law School (alternate only)
Loddon Campaspe Community Legal Centre
Philips Fox (alternate only)
(retired)
Minter Ellison
Blake Dawson Waldron
PRESIDENT’S MESSAGE
It gives me enormous pleasure to present the Public Interest Law Clearing House
Annual Report, covering the period 1 July 2005 to 30 June 2006. This is my first report
as Chair of the PILCH Board.
In 2005 – 2006, PILCH has again lived up to its reputation of being an innovative,
responsive, professional and productive organisation which is committed to furthering
the public interest and human rights, and providing access to justice. The PILCH staff
and Board have worked together to achieve many of the goals they set for PILCH in its
2006 – 2009 Strategic Plan.
The PILCH staff is truly an extraordinary group of lawyers. This year, with only a small
staff, PILCH has assisted nearly 2000 individuals and organisations to access pro bono
lawyers or other legal and allied services. This has been done through the pro bono
‘one stop shop’, which is unique in Australia and which consists of PILCH’s original
Public Interest Law Scheme, the Homeless Persons’ Legal Clinic which this year
advised its 2000th client, the Law Institute of Victoria Legal Assistance Scheme and the
Victorian Bar Legal Assistance Scheme.
PILCH staff is dedicated to treating applicants for assistance with dignity and respect
and to taking all available steps to enable the client to gain access to justice.
In addition to operating it core legal referral services, PILCH has advanced a number of
special projects.
For example, PILCH has established the Human Rights Law Resource Centre as a
joint project with Liberty Victoria. The Centre was made possible by generous financial
grants from the National Australia Bank, the Victoria Law Foundation, the Helen
Macpherson Smith Trust, the R E Ross Trust, Allens Arthur Robinson, Mallesons
Stephen Jaques, the Law Institute of Victoria and the Victorian Bar. We thank those
donors for their support and confidence in the Centre.
In the last nine months, under the extraordinary leadership of Phil Lynch, the HRLRC
has been very active, filing applications for amicus interventions, drafting urgent
communications to UN Special Rapporteurs, and writing featured commentary for
major Victorian daily newspapers. The HRLRC has also run an energetic education
program for community organisations and legal practitioners on a range of subjects
from specific issues in human rights law, to the new Victorian Charter of Human Rights,
passed in July 2006. The HRLRC’s human rights seminar series has also been a major
early success.
Under the magnificent leadership of Paula O’Brien, PILCH is also supporting the
establishment of a new project, an Older Persons’ Legal Centre, which will provide
many opportunities for pro bono lawyers. The project received recurrent state
government funding in the May 2006 budget and is due to be established early in 2007.
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It is envisaged that the Older Persons’ Legal Centre will include an outreach service
to be provided by pro bono lawyers, in a similar form to the PILCH Homeless Persons’
Legal Clinic.
PILCH is also increasing legal services to the not-for-profit sector and has rolled out a
series of training sessions for not-for-profit organisations. PILCH has a grant to consider
the feasibility of establishing a specialist not-for-profit legal service and hopes that this
may be possible in the coming financial year.
All of this work has only been made possible through the support of the PILCH
members and our outstanding management team. Our members exemplify the Victorian
legal community at its very best, working together in an inclusive and collaborative
style to deliver some amazing outcomes. They cover the spectrum of the legal
profession and include law firms of all sizes, large, medium and small, corporate legal
departments, community legal centres, universities, the Victorian Bar and the Law
Institute of Victoria.
PILCH receives no government funding. It would not exist without the generous
financial support of its members. PILCH has been successful in continuing to develop
its membership and this year has welcomed many new members. Our new corporate
members reflect the growing size and importance of in-house legal departments and
their desire to make a meaningful contribution to the community.
This year we welcomed the following new members: BHP Billiton, Centre Highlands
Community Legal Centre, Darebin Community Legal Centre, Deakin University Law
School, Francis Abourizk Lightowlers, Goldman Sachs J B Were, Lander & Rogers,
Linfox, Loddon Campaspe Community Legal Centre, Monash-Oakleigh Legal Service
South Port Community Legal Centre, Visy Industrial Packaging Holdings, and West
Heidelberg Community Legal Service.
However, the support of the members is not just in the form of funding. Each year, the
members enable PILCH to do its work by accepting many referrals to assist individuals
and not-for-profit organisations with legal issues they are facing. This year, they
accepted 187 case work referrals. They also assist by offering training and contributing
to law reform and other advocacy activities under the PILCH banner. They provide
the pro bono capacity which enables PILCH to offer services to the public. They also
support PILCH with various types of in-kind support. This year, we have received
donations of furniture from members, had our seminars and events hosted by members,
and been offered a range of legal and other professional services, such as in relation
to strategic planning and human resources. PILCH would not be the organisation it is
without this deep support base.
Our staff at PILCH have been extraordinary. They are highly professional, deeply
committed, energetic and innovative. On behalf of our Board of Directors, I thank each
and every one of our staff for all that they have done for PILCH this past year. We look
forward to their continued energy, enthusiasm and professionalism in the coming year.
The staff has been very ably and enthusiastically assisted by 60 student volunteers over
the course of the year. PILCH values its volunteers very highly and we thank them all
for their contributions.
My gratitude must also be conveyed to my fellow Directors. Each of them has given
generously of their time, judgment and experience and enabled PILCH to continue with
the very best of guidance. As PILCH has matured significantly as an organisation in the
last few years, the demands on the Directors have grown. They have been required
to govern an expanding organisation which has increased funds and commitments
to a larger group of funders, whose stakeholders have higher expectations of the
organisation, and which requires a longer term vision to enable it to reach its potential.
The Board worked closely with staff to develop the Strategic Plan 2006 – 2009 and has
supported the staff with implementation of the priorities for this year. The Board has also
formed a number of new Sub-Committees this year to make continual improvements
to the governance of the organisation. They are the Board Structure Review Sub-
Committee and the Audit Sub-Committee.
PILCH achieves as much as it does because it receives support across the legal
profession. In addition to the efforts and support of its members, PILCH also benefits
from the generous and continued support of the Attorney-General, the Honourable Rob
Hulls MP, the State Government, the Department of Justice, members of the judiciary
and the staff of all of the courts and tribunals, and many community organisations. Their
vision and commitment to the vital role played by PILCH and the magnificent donation
of time and energy given generously by the Victorian legal profession is greatly
appreciated and never
taken for granted.
The staff and Board of
PILCH are looking forward
to the year ahead and
to PILCH growing and
strengthening to make an
even greater contribution
to access to justice.
David Krasnostein,
President, October 2006
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EXECUTIVE DIRECTORS’ REPORT 2005-2006
2005 – 2006 has been a great year for the Public Interest Law Clearing House and pro
bono in Victoria.
The staff and Board are very proud of the achievements of PILCH this year. In the pages
which follow, there is a comprehensive record of the case work, advocacy, training and pro
bono sector development undertaken by PILCH in the past year. These activities are all
geared towards achieving PILCH’s stated aims of furthering the public interest and human
rights, in particular the right to access to justice, and of addressing systemic disadvantage.
PILCH’s staff and Board are highly motivated by a desire to make a significant, positive
difference to the community.
This is firstly evident in the case work which all of the pro bono referral schemes at PILCH
do for individuals and not-for-profit organisations. This case work is carried out according
to very high standards and assists people who would otherwise have no access to legal
services. They are mainly individuals who are too poor to afford legal services but who
are outside the Victoria Legal Aid guidelines and cannot be helped by a community legal
centre. Due to their poverty, as well as other factors such as mental or physical illness,
homelessness, incarceration in prisons or detention, location in remote areas of Victoria,
language, or unfamiliarity with the legal system, these people cannot gain access to the
legal assistance they require. PILCH staff work closely and carefully with these clients to
facilitate pro bono legal assistance or, where pro bono legal services are not available,
to find alternate assistance. The requests for assistance come in all areas of law. This is
reflected in the case summaries and statistics in this Report. The high number of inquiries
and referrals in areas such as migration law, family law, and criminal law, clearly reflect
legal need which is not being addressed by Commonwealth or State Government legal
aid funding programs. We have had continually high demand in these areas of law for
several years. It goes without saying that there will most likely be serious consequences
for individuals who are without legal assistance to appeal a decision in relation to a visa,
to resolve disputes regarding family property or contact with children, or to defend criminal
charges. The work of PILCH in facilitating assistance in these and other areas of law
makes a difference.
Through its case work practice and other activities, PILCH is able to identify the laws,
policies and practices which are unjust and which cause or compound disadvantage or
marginalisation. PILCH believes that, in collaboration with other organisations, it has the
capacity to improve the operation of laws and other systems in our society. PILCH knows
that sometimes its advocacy activities will be successful and that other times they will not
be, but PILCH is willing to commit resources to try to bring about structural change. It is
committed to the notion that the NGO sector should engage in advocacy and represent
the views of its constituents to government. We strongly reject the opinion of the Federal
Government that the NGO sector should not engage in public policy advocacy and should
limit its activities to providing direct services to the community, these being the very
services which were provided by the government in past but which have been eliminated
as part of the push towards smaller government. A strong NGO sector is vital to a wellfunctioning
democracy. As Joan Staples wrote in June 2006 in ‘NGOs out in the cold: the
Howard Government policy towards NGOs’,
'In most democratic models, the sector plays an important political role in shaping public
advocacy. However, it also reflects a society back to itself through its social and sporting
clubs, its cultural organisations, its justice and environmental organisations. The richer and
more diverse and vibrant a society is, so the organisations will reflect that richness. The
organisations are the source of ideas on the society we might become, and of aspirations
and ideas that should be contested and debated to provide a rich brew from which a
vibrant society can develop. The sector is also ever-changing to reflect the changes in
interests, values and priorities of the society.’
PILCH’s advocacy has been focused in several areas, including migration law, family
violence, homelessness and access to justice. For example, PILCH was active in
opposing the proposed legislation to excise Australia from the migration zone and
introduce off-shore processing of protection visa applications by those who arrived in
Australia by boat. As part of a broad coalition of organisations and individuals, PILCH
felt enormous satisfaction when the Federal Government withdrew this Bill from the
Parliament. PILCH’s advocacy and campaigning activities can take various forms. In
contrast to the parliamentary submission process and political lobbying involved in
the migration law amendments is PILCH’s work to have legal aid fees increased for
intervention order cases. Although this involves a different type of advocacy and may not
seem to be of the same national significance, the payment of adequate fees for legal aid
work is essential to facilitating access to justice for the community. A high number of users
of the intervention system are women who are subject to family violence. The lack of
proper representation for them in intervention order matters threatens their ability to regain
their security and to live with dignity.
Education and training have also been an important part of PILCH’s activities in the
past year. As can be seen in this Report, the training has, in part, been directed at
lawyers to equip them to assist pro bono clients and to consequently increase the
capacity of the legal profession to respond to requests for pro bono assistance. The
intensive annual induction training program run by the Homeless Persons’ Legal Clinic
for volunteer lawyers and the intervention order training conducted by the Victorian Bar
Paula O’Brien –
Co-Executive Director
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Emma Hunt – Co-Executive
Director
Legal Assistance Scheme are two excellent examples of this work. PILCH has also
sought to extend training to non-lawyers, through its governance training for not-forprofit
organisations, and its credit and debt training for financial counsellors and others
in rural, regional and remote areas of Victoria. PILCH also seeks to inform and educate
and enliven discussion about a range of important social justice and human rights topics.
This year, it held regular seminars on diverse issues, such as the interaction between
intervention orders and family law, racial and religious vilification laws, activism and human
rights, and indigenous stolen wages.
No reflection on this year for PILCH would be complete without mention of the successful
establishment of the Human Rights Law Resource Centre. This was a joint initiative
between PILCH and Liberty Victoria. The Centre is dedicated to the harmonisation of
law, policy and practice in Australia with international human rights norms and standards;
supporting and enhancing the capacity of the legal profession, judiciary, government and
community sector to develop Australian law and policy consistently with international
human rights standards; and empowering people that are disadvantaged or living in
poverty by operating within a human rights framework. The Centre has been active and
energetic and made a significant impact in its first year. It has both contributed to creating
a momentum around human rights in Victoria and responded to the developing interest in,
and commitment to, human rights law and practice. We are very proud to have launched
the new Centre which has a bright future.
PILCH is a strong organisation because of the people who are involved in it and who
support it. The inspiring staff and dedicated Board of PILCH form the core of this
organisation. The staff are dynamic, committed, innovative and professional. They
constantly strive to provide the best possible assistance and services to our clients and
our community. The Board members are prudent, hard-working, and strategic. They
provide great guidance to PILCH. As staff, we feel very supported by the Board. We thank
the Board members for the considerable contribution of time and expertise they make
to PILCH.
The PILCH Board and staff are supported by a range of people and organisations, without
whom they could not do their work. PILCH is completely reliant on its relationships with its
members. The members offer essential financial support. We also turn to the members
for other in-kind assistance for PILCH and they always respond generously. Most
significantly, the members offer the pro bono capacity which we channel to the community.
Each year, they accept more referrals of pro bono clients, they support and encourage
PILCH to create new pro bono opportunities and they enthusiastically embrace these
opportunities to participate in pro bono. We highly value the relationships we have with all
of our members.
In addition to the PILCH members, there are a huge number of people who work with,
encourage, and contribute to PILCH. We acknowledge and greatly appreciate the support
of the Attorney-General, the Hon Rob Hulls MP, Chief Justice Warren, President Maxwell,
other judges and staff of the Victorian courts and tribunals, the Victorian Bar, the Law
Institute of Victoria, Victoria Legal Aid, the staff of the Department of Justice and other
government departments and agencies, in particular the Equal Opportunity Commission
of Victoria, the community legal sector, the community and social services sector, and the
philanthropic and grant-making organisations who fund our work.
Thank you to everyone who has contributed to success for PILCH this year. We approach
2006 – 2007 with optimism, excitement and determination that it will be an equally, and if
not more, successful year.
Paula O’Brien and Emma Hunt (on parental leave from February 2006)
Co-Executive Directors, October 2006
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PUBLIC INTEREST LAW CLEARING HOUSE
MEMBERSHIP
PILCH welcomes the following new members for 2005-2006:
• BHP Billiton
• Central Highlands Community Legal Centre
• Darebin Community Legal Centre
• Deakin University, Law School
• Francis Abourizk Lightowlers
• Goldman Sachs J B Were
• Lander & Rogers
• Linfox
• Loddon Campaspe Community Legal Centre
• Monash-Oakleigh Legal Service
• South Port Community Legal Service
• Visy Industrial Packaging Holdings
• West Heidelberg Community Legal Service.
FUNDING
PILCH is fully funded by membership fees paid by its members. It also receives
generous in-kind assistance from many of its members. PILCH received a small grant
from the Victoria Law Foundation.
STAFFING
PILCH is staffed by a full-time Executive Director, Paula O’Brien, a full-time Manager,
Tabitha Lovett, a Coordinator Damien Pitts and his successor, Rachel Brown, and two
secondee solicitors. Emma Hunt, Co-Executive Director, is on parental leave from
February 2006 to February 2007. All PILCH staff are assisted by student volunteers,
interns and fellows.
CASEWORK STATISTICS
During 2005-2006, PILCH received 598 requests for legal assistance under the
Public Interest Law Scheme. Arising out of those requests, 187 referrals were made
to barristers and solicitors. These were matters in which the client was without the
means to pay for legal assistance, could not obtain legal assistance elsewhere, had a
meritorious legal issue and met the public interest criterion. For individuals, this criterion
requires that their legal issue affects a marginalised or disadvantaged group, raises a
matter of broad public concern or impacts on a large number of people and requires
addressing for the public good. Not-for-profit organisations which have public interest
objectives also satisfy this criterion.
Of the referrals made under the Public Interest Law Scheme, 56% were for not-for-profit
organisations, 35% were for individuals, and 9% were for groups. Reasons were noted
in the database for 368 inquiries which were rejected by the Scheme. Of those, 108
were rejected because they failed to meet the Scheme criteria, 138 were referred to
other legal and/or community organisations (including the Schemes administered by
PILCH), 92 clients failed to send in the application form or there was no further contact,
and 30 clients found their own assistance or resolved the matter by other means.
LAW REFORM AND ADVOCACY
During 2005-2006, PILCH made the following submissions:
• A written submission to the Australian Taxation Office in relation to the Draft Tax
Ruling TR 2005/D6, regarding the proposed changes to the definition of charitable
status (July 2005).
• A written submission to the Human Rights Consultation Committee (August 2005)
• A written submission to the Parliamentary Joint Committee on Corporations
and Financial Services regarding corporate social responsibility and whether
the Corporations Act should be amended to permit companies to take broader
stakeholder interests into account (as opposed to shareholder interests,
strictly) and adopt socially and environmentally responsible business practices
(September 2005).
• A written submission to the Senate Inquiry into the provisions of the Anti-Terrorism
Bill (No. 2) 2005 (December 2005).
• Oral testimony to the Parliamentary Joint Committee on Corporations and Financial
Services for the Corporate Responsibility public hearing (February 2006).
• A written submission to the Corporations and Markets Advisory Committee
in response to its discussion paper on Corporate Social Responsibility
(February 2006).
• A written submission to the Federal Attorney-General’s Department in response to
its discussion paper ‘A new extradition system: A review of Australia’s extradition
law and practice’ (April 2006).
TRAINING
During 2005-2006, PILCH presented training for Not-for-Profit organisations on ‘Best
Practice Governance’ with Clayton Utz to provide information on legal issues which
arise in the course of a not for profit’s administration, operation and governance (June
2006).
Tabitha Lovett –
PILCH Scheme Manager
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PROJECTS
Not for Profit Project
Each year, an increasing number of not-for-profit community-based organisations
approach PILCH seeking pro bono legal advice and assistance. Since its establishment
in 1994, the Public Interest Law Scheme has referred not-for-profits organisations which
serve the disadvantaged, benefit low income clients or have public interest aims and
objectives to its members for pro bono legal services.
PILCH’s experience is that many community organisations, particularly the smaller ones
which rely heavily on volunteers, are struggling to operate under a complex regulatory
framework, keep abreast of changes to legislation, determine their eligibility for tax
exemptions and meet their State and Federal reporting requirements.
In June 2006, PILCH commenced a series of seminars presented by its member firms
to provide advice and training on legal issues which commonly arise in the course of a
not-for-profit's administration, operation and governance. PILCH is currently exploring
further ways to ensure that not-for-profits have ongoing access to timely, relevant,
targeted legal advice, training and resources.
Rural, Regional and Remote Areas
In November 2005, PILCH received a small grant from the Victoria Law Foundation
to conduct a RRR Pilot Project in Gippsland. The aim of the overall RRR Project is to
increase and extend the provision and efficacy of pro bono legal services to RRR areas.
The Managers of PILCH and LIVLAS travelled to Gippsland in November 2005, to
present to 40 members of the Law Institute, meet with the Gippsland Community Legal
Centre, Legal Aid and the Registrar of the Magistrates Court with a view to increasing
both the number of inquiries from those areas and practitioners willing to accept
referrals to act on a pro bono basis:
In 2006 – 2007, PILCH will evaluate the pilot project to determine if it targeted unmet
legal need in Gippsland, and apply for further funding to extend the RRR Project to
other regions in Victoria.
We submitted the application form around midday and had a lawyer
assigned to us the same day. She began work almost immediately. It
was such a relief to know our interests were being looked after.
Not-for-profit organisation assisted
by PILCH in 2005-2006
Public Interest Costs project
At the VLF Pro Bono Workshop in October 2005, it was resolved that consideration
would be given to developing a framework for dealing with costs in public interest
cases. VLF, PILCH and Stephen Lucas from Sparke Helmore have worked together to
develop draft public interest guidelines to present the Victorian State Government. The
guidelines envisage that the government will give an undertaking not to pursue costs in
a public interest matter. At present, the threat of costs deters individual or not for profit
organisations from participating in public interest proceedings involving Government.
The proposed guidelines will be presented to the State Government after the election.
The public interest costs project also envisages that, in conjunction with Liberty Victoria,
we would propose to the courts that it enact rules to allow for pre-emptive costs orders.
Student Volunteering Program
During 2005-2006, PILCH coordinated the following programs:
• Volunteer program, with 30 students volunteering on a fortnightly basis
• Internship program, with 21 students completing an internship during the university
vacation periods
• Fellowship program, with 7 seasonal clerks from PILCH member firms completing a
fellowship at PILCH as an extension of their clerkship with the firm
• University placement program, with 2 students from the La Trobe University Public
Interest Placement.
EVENTS
During 2005-2006, PILCH hosted the following events:
• ‘Devastation in New Orleans: Race, Poverty and Social Justice’ with guest speakers
Richard Bourke, a death penalty lawyer at the Justice Centre in New Orleans
and Chief Justice Chris Maxwell, co-sponsored by PILCH, Reprieve Victoria, the
Victorian Bar and Criminal Bar Association (September 2005)
• Annual General Meeting, with guest speaker President Chris Maxwell (November
2005)
• ‘Laws for Insecurity’ in conjunction with University of Melbourne (November 2005)
• ‘Racial and religious vilification’ seminar (March 2006)
• ‘Activism and the Law’ Law Week seminar with speakers Ron Merkel QC, Associate
Professor Andrea Durbach and Cassandra Goldie (May 2006)
PROMOTION AND PUBLICATIONS
During 2005-2006, PILCH staff made presentations to a range of
organisations, including:
• Law Students for a Just Society Conference (August 2005)
• Monash University Careers and Volunteers day (September 2005) and Social
Justice seminars (March 2006)
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• Victorian Ombudsman (September 2005)
• Victorian Council of Law Students’ Societies Careers Fair 2005 (September 2005)
• Department of Infrastructure (October and December 2005)
• Victorian Aboriginal Legal Service Co-operative Ltd (October 2005)
• Victoria Law Foundation Pro Bono Coordinators Conference on ‘Innovations in Pro
Bono’ (October 2005)
• Minter Ellison induction for internships (October 2005)
• The Victorian Bar Readers Course (November 2005 and May 2006)
• Council of Self-Help Groups (COSHG)(November 2005)
• Gippsland Law Society (November 2005)
• LIV Government Lawyers Group (November 2005)
• National Association of Community Legal Centres conference (October 2005)
• Leadership Plus Leadership program on ‘Human Rights and the Law’
(December 2005)
• Plaintiff Lawyers Conference (December 2005)
• Lawyers for Animals (February 2006)
• Dibbs, Abbott and Stillman lawyers (May 2006)
During 2005-2006, PILCH staff have been interviewed by, or featured, in the
following publications:
• 3CR Radio
• Bar News
• Lawyers Weekly
• Law Institute Journal
• University of Melbourne Equality Handbook
PILCH produced and distributed the following publications:
• PILCH Matters: an e-newsletter which informs PILCH supporters and clients of
issues and cases undertaken by the Public Interest Law Scheme, the Victorian Bar
Legal Assistance Scheme, the Law Institute of Victoria Legal Assistance Scheme
and the Homeless Persons’ Legal Clinic. PILCH Matters was published bi-monthly
in 2005-2006 to 1500 practitioners and interested others. An electronic version of
PILCH Matters can also be downloaded from the PILCH website. PILCH Matters
supersedes Pro Bono in Practice and PILCH E-News.
• Pro Bono in Practice: an e-newsletter which covers PILCH news and developments
in pro bono work, and focuses on issues affecting practitioners. Pro Bono in
Practice was published from June to December 2005. It was discontinued when the
decision was made to move to one soft copy publication: PILCH Matters.
PILCH Areas of Law
Intellectual Property 1.05%
Inquests
1.57%
Defamation
Family Law/ De Facto
Civil Liberties
Immigration
Criminal
Administrative Law
Taxation
Other
Employment/ Industrial
Environment/ Planning & Local Government
Corporations & Securities
Commercial
Association/ Incorporation
Residential/ Retail Tenancy/ Property
Discrimination and Equal Opportunity
Personal Injuries/ Torts
PILCH Types of clients
Not-for-Profit Organisations
Inidividuals
Groups (not incorporated)
8.02%
3.15%
3.68%
3.68%
4.21%
4.21%
4.73%
4.73%
4.73%
5.26%
5.78%
5.78%
6.31%
6.84%
7.89%
42.78%
11.57%
13.15%
49.19%
67
8

• PILCH E-News: an email news bulletin containing a snapshot of PILCH
activities specifically for PILCH members. It was distributed to PILCH members
approximately every six weeks June to December 2005. It was discontinued when
the decision was made to move to one soft copy publication: PILCH Matters.
PILCH wrote the chapter on pro bono in the Law Institute of Victoria’s 'The Successful
Law Firm: Tips and Tools for a Profitable Practice'.
COMMUNITY CONTACTS
During 2005-2006, PILCH was a member of, or was represented by its staff on:
• Consumer Action Law Centre Board of Directors
• Consumer Law Centre Victoria Board of Directors
• Consumer Law Centre Victoria Dispute Resolution Service Outreach Project,
Steering Committee
• Energy Rights Reference Group
• Federation of Community Legal Centres
• Federation of Community Legal Centres, Justice Initiatives Standing Committee
• Federation of Community Legal Centres, State Conference Committee
• Financial and Consumer Rights Council, Management Committee
• Human Rights Legal Centre Reference Group
• Human Rights Law Resource Centre Board of Directors
• JobWatch Inc
• Law Institute of Victoria, Access to Justice Committee
• Melbourne Cares Business & Community Partnership Broker Services
• National Pro Bono Resource Centre Board of Directors
• Partnerships for Stronger Communities Networking Forum
Rachel Brown – Office Coordinator
• Pro Bono Australia Think Tank
• Reprieve
• Victorian Bar Legal Assistance Committee
• Victorian Bar Asylum Seekers Sub-Committee
• Victorian Council of Social Services
• VCOSS Community Handbooks Reference Group
• Victorian Law Foundation Pro Bono Co-ordinators Group
In 2005-2006, the Co-Executive Directors and the PILCH Manager had many private
meetings with PILCH members, prospective members, courts, government departments
and community organisations.
NOMINATIONS/AWARDS
During 2005-2006, PILCH was nominated for or received the following awards:
• Nominated for NAB Volunteer Awards (June 2006)
ACKNOWLEDGMENTS
PILCH expresses its appreciation to all of its members and its Board Members. Special
thanks are also extended to the PILCH members who have provided it with in-kind
assistance, particularly:
• Freehills for its design and layout assistance for PILCH publications
• Transport Accident Commission for ongoing legal and non-legal secondments
• Aitken Walker & Strachan, Allens Arthur Robinson, Freehills, Herbert Geer &
Rundle, Maddocks and Minter Ellison for legal advice.
PILCH would also like to convey its thanks to:
• John Cain and Michael Brett Young, respective past and present Chief Executive
Officers of the Law Institute of Victoria
• Christine Harvey, Chief Executive Officer of the Victorian Bar
• Mark Woods, Chair of the Law Institute of Victoria Access to Justice Committee
• Ross Macaw QC, Chair of the Victorian Bar Legal Assistance Committee
for their encouragement and support of the work of PILCH in administering their
schemes and PILCH’s broader role as a pro bono service provider. PILCH also
expresses its appreciation to the Legal Practice Board/ Legal Services Board for its
financial support of the Victorian Bar and Law Institute of Victoria Legal Assistance
Schemes.
PILCH also acknowledges the tremendous support it receives from Attorney-General,
the Hon Rob Hulls MP, the courts and their staff, community legal centres and the
community sector.
9

CASE SUMMARIES
NOT-FOR-PROFIT ORGANISATIONS
PILCH receives a large number of requests from not-for-profit organisations for
legal advice. A significant proportion of those requests are for advice regarding an
organisation’s eligibility for tax exemptions and for assistance to make applications to
the Australian Taxation Office. PILCH would like to thank its members, Arnold Bloch
Leibler, Blake Dawson Waldron, Corrs Chambers Westgarth, Mallesons Stephen
Jacques and Maddocks for accepting referrals in 2005-2006 to advise various not-forprofit
organisations on available tax concessions and assisting with their applications for
income tax exemptions and endorsement as deductible gift recipients.
In 2005-2006, a number of new not-for-profit organisations requested advice regarding
legal structures and incorporation after they identified gaps in community services
which they wished to fill. Other, already established organisations, requested advice or
clarification of legislation which affects their stakeholders.
For instance, Aitken Walker & Strachan accepted a referral from PILCH to provide
advice to a new not-for-profit organisation which was established in response to the
South Asia Tsunami in December 2004. The members of the organisation, who are
volunteers with wide project management experience and leading professional project
management bodies, were concerned that although disaster relief organisations
are enormously effective in providing relief work immediately after a disaster has
occurred, they do not always have the knowledge and skills to execute reconstruction
works and projects in the most efficient and effective way. The organisation assists
aid organisations in affected regions to re-establish normal operations following large
scale natural or other disasters using project management disciplines. Aitken Walker
& Strachan agreed to assist in establishing the new organisation, by providing general
commercial, incorporation and taxation advice.
Sparke Helmore accepted a referral from PILCH to assist a peak body for not-for-profit
community-owned and -managed children’s services in Victoria. They sought advice
regarding a company, which was using an aggressive marketing campaign to pitch to
schools and churches to take over their community-based after-hours school care. The
peak body considered mounting a marketing campaign in response. The peak body
requested legal advice regarding the legalities of mounting such a campaign, including
the risk of defamation and further advice regarding the merits of bringing proceedings
for breach of fair trading and/or trade practices legislation in relation to deceptive
conduct and misuse of market power by the company.
In 2005-2006, PILCH referred a number of not-for-profit organisations to its members
for assistance with drafting submissions to government departments and inquiries,
which were based on and informed by case studies and the experiences of the
organisation’s staff and clients. For instance, Blake Dawson Waldron accepted a
referral from PILCH to assist a peak organisation, established to reduce the harms
associated with alcohol and other drug use within the Victorian community, to prepare a
written submission in relation to a review being undertaken of the Health Act 1958 (Vic).
This organisation required assistance to highlight in its submission particular alcohol
and drug issues which it considered relevant to the proposed new Public Health Act.
GAMBLING
In 2005-2006, a number of specialist welfare services, which provide advice and
support to persons and their families affected by gambling, sought advice through
PILCH. PILCH would like to thank E Noel Magee QC, William Houghton QC and
Tim Falkiner from the Victorian Bar for accepting referrals to provide advice to the
organisations and their clients.
Mr Houghton QC accepted a referral to provide advice to a gambler’s help group on
a number of case studies which it had prepared, based upon experiences of several
of its clients. The advice considered whether the provision of credit, from overdraft or
mortgage accounts with re-draw facilities, by automated teller machines at gaming
venues was in contravention of s 3.5.32 of the Gambling Regulation Act 2003 (Vic)
(‘the Act’). Mr Falkiner provided advice to a community health service regarding whether
facilities offered by online betting agencies (whereby punters are able to deposit funds
into their betting accounts using their credit cards) was in contravention of a particular
provision of the Act which appeared to have been enacted to prevent the use of credit
cards in betting transactions.
In another matter, Mr E Noel Magee QC and Mr Falkiner accepted a referral to provide
advice to a community health service regarding the legal effect of Deeds of Self
Exclusion which the gaming industry offers to problem gamblers. The community health
service was concerned that the Deeds of Self Exclusion are ineffective and that the
gaming venues, from which problem gamblers nominate to be excluded, are, despite
the Deed, routinely allowing these gamblers access to their gaming facilities. Counsel
also agreed to consider any other legal avenues or remedies which may be used to
induce a gambling supplier to withdraw services from a gambler who cannot control his
or her gambling.
VISA CANCELLATIONS ON CHARACTER GROUNDS
Holding Redlich accepted a referral from PILCH to assist an intellectually disabled
young adult to challenge a decision of the Department of Immigration, Multicultural and
Indigenous Affairs (‘DIMIA’) to cancel his visa and deport him to New Zealand where
he had no family support. Richard Niall of counsel appeared for the client before the
Administrative Appeals Tribunal and was successful in having the decision to cancel
his visa set aside. This is one of several matters that PILCH and VBLAS has received
where, due to DIMIA’s policy of canceling prisoners’ visas on character grounds,
vulnerable or marginalized clients are at risk of deportation to countries which they left
at an early age. Fiona Ryan assisted Richard as junior counsel.
Caroline Adler – Caroline was
a PILCH secondee from Allens
Arthur Robinson from February
to August 2006
10

LEGAL ASSISTANCE FOR NOT-FOR-
PROFIT ORGANISATIONS AND
GROUPS
During 2005 – 2006, PILCH referred matters to members for legal assistance for notfor-profit
organisations and community groups including:
3CR (Community Radio)
Aboriginal Family Violence Prevention &
Legal Service
Access Administration Project
Akademos Co-Operative Ltd
Al-Anon Family Groups Victorian Southern
Area Inc
Angel Light Link
Architects for Peace
Assisi Aid Projects
Australian Double Reed Society
Ballarat Citizens for Thoughtful
Development
Churinga Support Services
Collective Of Self Help Groups
Community Child Care Association Inc
Consumer Credit Legal Service Inc
Consumer Law Centre Victoria
Diamond Creek Living and Learning
Centre
Domestic Violence and Incest Resource
Centre
Eastern Community Legal Centre
Fawkner Community House Inc
Indigenous Health Service
Lawyers for Animals
Multicultural Centre for Women’s Health
National Association of Community Legal
Centres
New Beginnings Substance Abuse
Pelvic Instability Support Group
Save the Golden Cypress Trees
Schneiderei Group Inc
Spare Lawyers for Refugees
VACRO
Westvale Community Centre
World Vision of Australia
Yarra River Keeper Association
Elspeth Martini – Administrative Assistant
We were very grateful for PILCH’s prompt
and professional service.
Not-for-profit organisation assisted
by PILCH in 2005-2006
11

VICTORIAN BAR LEGAL ASSISTANCE SCHEME
The Victorian Bar Legal Assistance Scheme (‘VBLAS’) continues to play a key role in
facilitating access to justice in Victoria.
The Scheme is now in its sixth successful year of administration by the PILCH and
is overseen by the Legal Assistance Committee (‘LAC’) of the Victorian Bar to which
PILCH regularly reports.
There are presently 531 barristers who have volunteered to participate in VBLAS.
This strong commitment is reflected throughout all levels of seniority at the Victorian
Bar, including those who signed the roll this year. Many barristers, although not
formally registered, welcome requests to assist VBLAS when approached. The
pleasing results of a Bar Survey are referred to below.
Applications received by VBLAS are assessed on the basis of legal merit, lack of
means and whether assistance is required ‘in the interests of the administration of
justice’. This year, barristers again demonstrated their generosity in assisting clients
both where VBLAS’ means and merit criteria were satisfied and, less commonly, in
circumstances where these criteria were not necessarily met, but where assistance
would directly advance the administration of justice by the courts.
The majority of applications come from individuals, many with complex legal
problems and without other options for legal assistance. Individual clients are most
often referred to VBLAS by community legal centres, Victoria Legal Aid, or directly
from the courts. Referrals made to barristers may be for advice, drawing documents
and/or appearance work.
VBLAS has greatly benefited from office sharing with PILCH and with the Law
Institute of Victoria’s Legal Assistance Scheme through opportunities for crossreferrals
and shared knowledge.
FUNDING
VB LAS receives $121,195 per year from the Victorian Bar, of which approximately
75% is funded by the Legal Services Board.
STAFFING
VBLAS has a full-time solicitor/manager. Michelle Panayi is the current manager until
Susannah Sage Jacobson returns from maternity leave in January 2007.
VBLAS also employs Damien Pitts as administrative assistant to the manager two
days per week. Recently Elspeth Martini was appointed to assist the scheme one
day per week until she left PILCH. She has since been replaced by Edwina Scott.
VBLAS also continues to be assisted by the PILCH staff, volunteers, student interns
and fellows and seconded administrators.
INQUIRIES AND REFERRALS
VBLAS has been substantially busier in the financial year 2005-06 than it was in the
previous financial year. Total inquiries rose from 374 to 426 and referrals rose from
184 in 2004-05 to 215 this financial year. 70% per cent of the case load is migration.
Other main areas of law include criminal law, family law, property law, and intervention
order matters.
It is important to note that, where appropriate, applicants are referred to other
services such as Victoria Legal Aid, an ombudsman, a community legal centre,
other community-based organizations, LIVLAS or PILCH. This practice, essential
to ensuring that the burden of representing disadvantaged litigants falls in its proper
place, accounts in part for the discrepancy between inquiry and referral numbers,
although there is also significant screening to ensure that applicants meet the means
and merit criteria prior to a referral being made.
EVENTS
On 30 March 2006, the Victorian Bar hosted a drinks function at the Essoign Club to
honour the contribution of barristers to both VBLAS and the PILCH LAS, and their
other pro bono work. It was attended by approximately 100 members of the Bar who
have accepted pro bono briefs over the past year. Also present were members of the
judiciary, court staff and members of PILCH who have actively participated in VBLAS.
Justice Young of the Federal Court of Australia was the guest speaker.
TRAINING
The Family Violence Sub-Committee, chaired by Helen Symon SC, continues to be
committed to the education of the Victorian Bar in family violence issues.
In November 2005, the Sub-Committee organized advocacy training for barristers
on family violence law. The training took place over two sessions and was presented
by Justice Sally Brown of the Family Court, Justice Phillip Cummins of the Supreme
Court, Magistrate Anne Goldsborough, Leslie Glick SC, Ms Olyvia Nikou SC, Assistant
Police Commissioner Leigh Gassner, Mr Phillip Dunn QC, and Sarah Vessali and
Allyson Foster of the Women’s Legal Service. The training was well attended and
received much positive feedback.
The Committee also organized an extremely informative seminar presented by Judge
Hyman from the Superior Court of California in February 2006 that focused on family
violence and intervention order issues.
In addition, the Committee organised intervention order advocacy training as part of
the Community Legal Centres’ State Conference on the 1 June 2006. David Parsons
SC and Martin Grinberg presented the training with the assistance of Magistrate
Lesley Fleming. The training was described by participants as extremely dynamic and
first class.
12

PROJECTS
Asylum Seeker Sub-Committee
The Committee, chaired by Alexandra Richards QC, has been involved in drafting
an opinion on the vexatious litigant provisions introduced by the Migration Litigation
Reform Act 2005. The provisions provide for ‘show cause hearings’ and cost
provisions to be invoked against practitioners where the Court finds that there is no
reasonable prospect of success. This written opinion will be made available to the
Asylum Seeker Resource Centre and VBLAS very soon.
The Committee has also monitored the introduction of the ‘show cause hearings’ in
the Federal Magistrates Court. At the suggestion of the Sub-Committee, the Victorian
Bar Council corresponded with the Chief Justice of the Federal Court and the
Chief Magistrate of the Federal Magistrates’ Court with a view to intervention in an
appropriate case where the proper construction and operation of the new vexatious
litigation sections of the Migration Act are under deliberation.
Pro Bono Survey
VBLAS, with the assistance of barrister Josh Wilson, compiled a pro bono survey
which revealed that, in 2005, 180 barristers performed 10,700 hours worth of
pro bono work, valued at approximately $3,400,000 spread evenly over advice,
appearances and paperwork. The work was undertaken overwhelmingly in the civil
law area sourced mainly from PILCH and the Victorian Bar Legal Assistance Scheme.
This is a substantial increase on the amount of pro bono work completed the previous
year whereby 9,600 hours of pro bono work, valued at $3,150,000 was achieved. It
is likely that the figures would be even higher had there been a higher response rate
to the survey.
POLICY AND ADVOCACY
Migration Law
The VBLAS Manager prepared a joint submission with Eve Stagoll of the Law
Institute of Victoria Legal Assistance Scheme in May 2006 on behalf of the Victorian
Bar and PILCH to the Commonwealth Senate Legal and Constitutional Legislation
Committee Inquiry into the Migration Amendment (Designated Unauthorized
Arrivals Bill) 2006. In particular we were greatly assisted by Ron Merkel QC, Jack
Fajgenbaum QC, the Legal Officer of the Victorian Bar, Mr Ross Nankivell, and
Paula O’Brien of PILCH. In addition, Ron Merkel QC appeared in person before the
Committee to address the key points of the submission.
The VBLAS Manager then prepared a joint media release with other members of
PILCH and the Human Rights Law Resource Centre concerning the amendments
to the above-named Bill that the Howard Government later submitted to the House
of Representatives and then withdrew from Parliament in early August 2006 when it
became apparent that the Bill would not pass through the Senate.
Support to the FCA O.80 and FMC Part 12 programs
VBLAS has continued to provide administrative support and advice to barristers
undertaking matters on a referral under an order of the Federal Court of Australia or
the Federal Magistrates Court. The Ethics Committee has now resolved that referrals
under these schemes are not caught by the prohibition of Rule 171 of the Rules of
Conduct.
Supreme Court Pro Bono Scheme
VBLAS is currently accepting referrals from the recently appointed Pro Bono
Co-ordinator for Self-Represented Litigants at the Supreme Court of Victoria, Ms
Bronwyn Hammond, on matters ranging from contractual disputes, to discrimination
matters. For all these cases, VBLAS applies both the means and merits assessments
as it does for all inquiries.
PROMOTION
VBLAS is promoted to potential volunteer barristers by speaking at each Bar
Readers’ course throughout the year. The managers of VBLAS are also extensively
engaged in the promotion of the Scheme, both to the legal profession and the broader
community. VBLAS is promoted through PILCH and Victorian Bar publications,
including regular updates in the PILCH newsletter PILCH Matters, the Bar newsletters
In-Brief and The Bar News, and the annual report for the Bar.
Further promotion of the Scheme was undertaken when the VBLAS Manager
presented a seminar with Paula O’Brien, the Executive Director of PILCH, to
Monash University Law Students undertaking the professional practice program in
April this year. The seminar explored the role of VBLAS in relation to the referral
work undertaken as well as project and training programs in addition to the work of
PILCH. The VBLAS Manager also provided information about the scheme in a PILCH
presentation to the law firm Landers and Rogers.
Kate Fischer – VBLAS Solicitor
13

Acknowledgements
PILCH and VB LAS thank the Victorian Bar Council, the LAC, and the chair of the
LAC, Ross Macaw QC, for his active support of the scheme.
We are particularly grateful to the generosity of the members of the Victorian Bar who
provide their expertise and time on a pro bono basis to assisting the disadvantaged
and most vulnerable members of the community in obtaining access to justice.
CASE SUMMARIES
Parking fine matter
Counsel, instructed by Chris Brown and Kym Fraser from Clayton Utz, appeared
on behalf of a client in the Supreme Court appealing against a sentence from the
Magistrates Court. The client had been given a 70 day custodial sentence for an
accumulation of parking fines, when she had been willing to undertake a community
based order or pay the fines by installment. Being a sole parent with children, she
was concerned for their welfare if she went to prison. Counsel was able to obtain a
writ of certiorari, quashing the Magistrate’s orders. The matter has been remitted to
the Magistrates Court for a new hearing before a different Magistrate.
Migration Matters
Bruce Monotti of counsel, instructed by Ms Moorhouse-Perks, represented a
Pakistani client who fears persecution in Pakistan due to his political alignment. After
arriving in Australia, the client lodged an application for a Protection Visa with DIMIA.
The application was rejected and the RRT affirmed the decision of DIMIA. The client
appealed the decision of the RRT to the Federal Magistrates Court. Bruce Monotti
successfully settled the matter and consent orders were made for the matter to be
remitted back to the RRT to be heard again by a differently constituted tribunal.
Edward Heerey of counsel acted for an Afghani client seeking asylum. The client
was denied protection as a refugee due to DIMIA and the RRT being of the view that
he was really from Pakistan. Edward Heerey reached a successful settlement at the
Federal Magistrates court whereby consent orders were made for the matter to be
remitted to the RRT.
Catherine Symons of counsel represented a female citizen of Russia who arrived in
Australia with a Visitor Visa. The client applied for an Aged Parent Visa, for which
she was placed in a queue, and applied also for a Spouse Visa. Her application for
a Spouse Visa was refused both by the DIMA and the Migration Review Tribunal.
However, the Federal Magistrate found that the tribunal had taken into account an
irrelevant consideration when making its decision to uphold the ruling of the DIMA.
Consequently, the Federal Magistrate issued an order setting aside the Tribunal
decision and remitted the matter back to the tribunal to be heard again.
Intervention order matters
Michael O’Connell of counsel appeared on behalf of a couple seeking assistance
for a contested intervention order hearing at the Magistrates court. There were
Interim Intervention Orders against the couple which they maintained were false and
vexatious. After protracted negotiations (in-court), Michael O’Connor reached an
agreement with the complainant that the application for the intervention order would
be withdrawn on the basis that the client agreed to an undertaking without admissions
that they would not contact the complainant.
Diane New of counsel appeared on behalf of a woman who had an application for an
Intervention Order lodged against her for the second time by the same complainant
that was once again an abuse of the intervention order process. The client had a
child to the complainant. The complainant’s father immediately sought an intervention
order (applying on behalf of his son) as soon as he knew that she had his son’s baby.
The matter was struck out. However, after that period, the client attempted to make
contact with the former boyfriend for him to see their child. The father of the boyfriend
made it clear that she was not to visit them and even assaulted her. Then the former
boyfriend and his father both sought to have an intervention order taken out against
her again. Fortunately, the Magistrate once again saw that the former boyfriend
and his father were misusing the intervention order system. The Magistrate held
that if anyone had a reason to be fearful it was the VBLAS client. Not only did the
Magistrate strike out the application but also ordered costs against the complainants.
Victorian Bar Legal Assistance Scheme Areas of Law
Coronial Inquest
Professional Negligence
PERIN
Discrimination
Debt Recovery
Consumer Credit
Traffic Law
Social Security/Welfare
Employment
Personal Injuries/Torts
Administrative Law
Commercial Law
Family Law/ De Facto/ Probate/ Wills
Residential/ Retail Tenancies/
Property Law/ Building & Construction
Criminal Law
Immigration
0.52%
1.04%
1.04%
1.04%
1.04%
1.04%
1.57%
1.57%
2.09%
3.14%
3.66%
6.28%
7.32%
9.42%
13.08%
45.54%
Michelle Panayi – VBLAS Manager
109 11
14

LAW INSTITUTE OF VICTORIA LEGAL ASSISTANCE SCHEME
Eve Stagoll – LIVLAS Manager
INTRODUCTION
'I would like to take the time to thank you for all your assistance in relation to the legal
matter I was involved with. Your referral was very much appreciated. He was able
to give me the right legal advice to finalise the matter. He was able to come to an
agreement with the Plaintiff’s solicitor in one phone conversation… Again, I thank you
for all you have done, especially given the time constraints.'
(Letter to the Law Institute of Victoria Legal Assistance Scheme from applicant who
received assistance, dated 4 April 2006).
The quote above from a grateful recipient of pro bono legal services reflects the
valuable contribution made by solicitors participating in LIVLAS to the community
in the past year. The year 2005-2006 was busier than ever, reflecting the everincreasing
demand for pro bono services. Pro bono solicitors therefore filled a critical
gap in access to publicly funded legal assistance, without which, many disadvantaged
members of the community would not have been able to obtain legal advice. In the past
year, LIVLAS responded to over 829 inquiries for pro bono assistance. Of those, 135
matters were successfully referred to solicitors. The matters referred were in diverse
areas of law including debt recovery, probate, family law, immigration and bankruptcy.
There are currently more than 500 LIV Members throughout Victoria who have
registered to participate in the LIVLAS, including practitioners from small suburban
firms, regional and rural firms and large city firms. In the last year, LIVLAS conducted
a membership drive and undertook a number of promotional activities with a view to
increasing the pool of participating solicitors.
LIVLAS has been administered by PILCH since 2001. This arrangement continues to
be of great benefit to the public, who are able to access PILCH as a ‘one stop shop’ for
pro bono legal services. The relationship between PILCH and the LIVLAS also serves
the interests of LIVLAS through collaboration on our common aims, such as advocating
for better funding for legal aid services and properly resourced community legal
services to improve access of justice. Also invaluable to the Scheme is its ongoing
close relationship with the LIV and the strong support of the LIV’s Access to Justice
Committee which oversees the operation of the Scheme.
FUNDING
LIVLAS is funded by the Legal Services Board and the LIV. The LIV also provides
the Scheme with direct promotional support and information technology assistance.
Funding during the 2005-2006 period was increased to allow for the employment of a
solicitor for one day a week.
STAFFING
Solicitor/Manager LIVLAS
In January 2006, Eve Stagoll commenced in this full-time role, bringing her valuable
experience as a solicitor at the Refugee and Immigration Legal Centre to PILCH.
Kristen Hilton was the Manager of LIVLAS from 1 July 2005 to 31 December 2005.
Administrator LIVLAS
Teresa Ciancosi continued to make an outstanding contribution to the successful
operation of the Scheme, having commenced in the role in February 2005. Teresa
previously worked as a law clerk at Victoria Legal Aid for 19 years and her extensive
experience has proved invaluable.
Solicitor
In March 2006, the Scheme was lucky to have the opportunity to re-employ Kate
Fischer in the position of solicitor for one day per week. Kate previously managed the
Scheme from October 2003 until September 2004. The Scheme was pleased that Kate
was able to return to PILCH bringing her extensive knowledge of the Scheme and the
pro bono sector.
STATISTICS
Since 2003, the inquiries to LIVLAS have increased by 16.5% and the referrals made
by LIVLAS have increased by 10% each year. In the past financial year, this trend was
reflected in a significant increase in inquiries to the Scheme from the previous year.
The increase reflects a greater awareness of the Scheme and the assistance it can
provide to solicitors, the courts, community legal centres and members of the general
public. Total inquiries to the Scheme rose from 734 inquiries during 2004-2005 to 829
inquiries in 2005-2006. The number of successful referrals was 135. Each inquiry
made to the Scheme is assessed according to Scheme’s means and merit criteria.
Matters are rejected where an applicant’s matter is considered unmeritorious, where an
applicant has failed to exhaust alternative avenues of assistance, or where the matter
is considered inappropriate for pro bono assistance because of an applicant’s income
or assets.
A considerable portion of staff’s time is spent on matters that are ultimately unsuitable
for referral. There are those matters for which another agency or service is better placed
to deal with the request. This is in keeping with the policy that the Scheme be used as a
last resort.
15

Law Institute of Victoria Legal Assistance Scheme Areas of Law
EVENTS
Superannuation
Professional Negligence
Planning & Local Government
Intellectual Property
Employment
Alternative Dispute Resolution & Mediation
Trade Practices
Professional Regulation
Guardianship & Administration
Equity/Trusts
Discrimination
Building & Construction
Administrative Law
Personal Injuries/Torts
Commercial Law
Criminal Law
Debt Recovery
Family Law/De Facto/Wills/Probate
Residential/Retail Tenancies/Property Law
Immigration
0.85%
0.85%
0.85%
0.85%
0.85%
0.85%
1.70%
1.70%
1.70%
1.70%
1.70%
1.70%
1.70%
3.41%
4.27%
A LIVLAS function and fundraiser was held on Thursday 29 September 2005 at Cinema
Nova. Over 60 solicitors and their friends and family members attended. The night
was a great success. As well as providing positive acknowledgement of the work by
solicitors through the Scheme, the event raised over $490.00.
PROJECTS, POLICY AND ADVOCACY
LIVLAS undertakes regular project, policy and advocacy work. Such work seeks to
identify systemic barriers to access to justice and contribute to projects which improve
access for disadvantaged groups. Set out below are some examples of the work
undertaken by LIVLAS in the last year:
a) Rural, Regional and Remote (‘RRR’) Project
An objective of the Scheme is to increase pro bono services in regional and
rural areas. In February 2005, PILCH received a grant from the Victoria Law
Foundation for a project to promote the awareness of pro bono services and
speak to practitioners, court officers and community workers about areas of unmet
legal need in the communities. As part of the project, the Scheme undertook the
following activities.
• In April 2005, Kristen Hilton (previous Scheme Manager), travelled to the
Goulburn Valley and met with lawyers from firms in Kyabram and Shepparton.
These meetings revealed the different way that pro bono operates in
rural areas where matters are often accepted informally and the pro bono
contributions of firms and practitioners often go unrecorded. As a result of the
meeting, three rural firms formally joined the Scheme.
7.69%
11.96%
12.82%
14.52%
18.80%
• In November 2005, Kristen Hilton and Tabitha Lovett (PILCH Manager)
travelled to Morwell. They delivered a short presentation to the Gippsland
Lawyers Regional Conference which was well attended by over 40
practitioners in the area. The presentation aimed to raise awareness of the
services provided by the Schemes and extend operation of the services to
the area. Kristen Hilton and Tabitha Lovett also meet with lawyers from the
Gippsland Community Legal Centre, and the Morwell Court registrar.
b) Older Persons’ Law
LIVLAS continues to receive a high number of applications for legal assistance
in areas of law which relate particularly to elderly people, including disputes over
will and estates, issues to do with capacity, guardianship and administration, elder
abuse and neglect, financial abuse, taxation, superannuation and government
benefits. In October 2005, the Scheme contributed to the submission by the
Federation of Community Legal Centres to the Victorian Government’s Elder
Abuse Prevention Consultation. The Elder Abuse Prevention Project reported
in December 2005. It identified significant barriers for older people in accessing
legal services and recommended the establishment of specialist legal services for
disadvantaged older people.
In June 2005, the State Government announced a $6 million package of initiatives
to ensure the safety, security and dignity of older people living at home or in
aged-care centres. This will include a specialist legal and advocacy service, in
partnership with the existing network of community legal centres and legal aid
offices, with the aim of creating a pool of specialist lawyers trained in the legal
issues facing older people.
The Federation of Community Legal Centres formed an Older Persons’ Law Task
Group to input into the establishment of a specialist older persons’ legal centre and
to work on strategies for improving access to justice for older people. Eve Stagoll,
Manager of the LIVLAS, is Co-Convenor of the task group.
In March 2006, the LIV also established an Elder Law/ Succession Law Committee
to report to the LIV Council on a strategy that will best respond to this effect of an
ageing population on LIV members’ practices. Eve Stagoll is a member of the LIV
Committee.
c) Supreme Court Pro Bono Coordinator
In early 2006, the Supreme Court of Victoria established a new position at
the court for a Pro Bono Coordinator to assist unrepresented litigants. The
Coordinator has regularly met with LIVLAS staff to develop a protocol and
Memorandum of Understanding for cooperation between the court and the
pro bono schemes administered by PILCH. The relationship between the Pro
Bono Coordinator and LIVLAS has assisted in the provision of an effective and
efficient pro bono referral service, which is beneficial to both the Court and to
unrepresented litigants requiring representation. LIVLAS has received many
referrals of applicants for assistance and in a number of cases was able to refer
matters to pro bono solicitors to assist at short notice.
12 16

13 17
Teresa Cianciosi – LIVLAS
Administrator
For example, in June 2006, the court asked LIVLAS to refer a matter to a pro bono
solicitor involving an unrepresented elderly woman who was the defendant in
proceedings involving complex questions of capacity.
In another matter, the court referred to LIVLAS an unrepresented and impecunious
applicant, in an appeal regarding debt recovery to LIVLAS to be heard the following
week. LIVLAS referred the matter to a firm, who instructed pro bono counsel under
VBLAS. The appeal was decided in favour of the applicant.
d) Inaugural National Access to Justice Conference and Pro Bono Conference 2006,
Melbourne
The Law Council of Australia convened a conference which was held in Melbourne
on 11 and 12 August 2006 at the Grand Hyatt Hotel. Staff of the LIVLAS
contributed to the planning for the conference through the work of a sub-committee
of the LIV Access to Justice Committee. A diverse range of people attended the
conference, which provided an important and valuable opportunity to discuss
strategies to improve access to justice.
SUBMISSIONS
Where possible, LIVLAS endeavours to contribute to law reform and government policy
by making submissions to inquiries on subjects directly relevant to our casework. The
following are examples of such work in 2005 – 2006:
• LIVLAS contributed case studies to the submission made by the Federation of
Community Legal Centres, For Older People, By Older People. The submission
looked at the need and barriers to delivery of legal service and legal education to
older members of the community.
• Eve Stagoll and Michelle Panayi, Manager of VBLAS, worked with Ron Merkel QC
to prepare a joint submission of PILCH and the Victorian Bar to the Senate Legal
and Constitutional Legislation Committee regarding its inquiry into the Migration
Amendment (Designated Unauthorised Arrivals Bill) 2006. The submission was
lodged on 22 May 2006. Ron Merkel QC gave evidence before the Committee in
person in Canberra on behalf of PILCH and the Bar on 26 May 2006.
PROMOTION OF LIVLAS
In the last year, the LIVLAS conducted a membership drive and implemented a range of
strategies to recruit volunteer solicitors and promote the Scheme, including:
• In December 2005, LIV president Victoria Strong wrote to existing members of
the Scheme thanking them for their contribution and asking them to re-register. In
April 2006, incumbent LIV President Cathy Gale sent a reminder email to existing
members of the Scheme attaching the Scheme’s volunteer registration form. There
was a positive response to these efforts with a number of new solicitors registering
for participation in the Scheme.
• In June 2006, we liaised with the Law Institute of Victoria Journal regarding an
article for the August 2006 edition of the journal to promote the Scheme.
ACKNOWLEDGEMENTS
PILCH and LIVLAS thank the Law Institute of Victoria, the Access to Justice Committee
and in particular, Jo Kummrow, John Cain, Mark Woods and Dominique Saunders for
their support of the Scheme.
Particular thanks are also extended to members of the Law Institute who have
participated in the Scheme and given generously of their time and expertise to assist
disadvantaged and vulnerable members of the community.
CASE SUMMARIES
Successful outcome: fraudulent loan agreement
Mr and Mrs Y were served with a complaint in the District Court of Queensland
claiming damages for breach of contract in the amount of $161,320.91. Mr and Mrs
Y, who speak limited English, were not aware that a contract had been entered into,
purportedly by a mortgage broker on their behalf. The matter was referred to Minter
Ellison. Following negotiations by Minter Ellison with the plaintiff on behalf of Mr and
Mrs Y and the provision of evidence of the fraud, the plaintiff agreed to withdraw the
court proceedings and discharge the mortgage. Minter Ellison also lodged a complaint
with the Australian Securities and Investment Commission on behalf of the couple.
Regional firm: Bankruptcy matter
Ms A was served with a notice of bankruptcy in relation to debts she owed to a previous
lawyer who had acted for her in Family Court proceedings. Ms A was unable to pay
the fees before the Family Court made final orders regarding the property settlement
following her divorce. Thank you to John Davine of M. Davine and Co in Warragul
for providing advice and assistance to Ms A. Mr Davine’s assistance reflects the
commitment of rural, regional and remote firms to undertake pro bono work.
Elder persons law: property dispute
Mr L, an elderly man, entered into a agreement to sell part of his estate to his relative.
However, the amount was never paid. The relative lived on his land and constructed
an illegal dwelling. When Mr L asked his relative to vacate the premises, the relative
refused and lodged a caveat of the land. Thank you to Ebsworth and Ebsworth who
provided assistance to Mr L to negotiate with the relative for the caveat to be removed
without the need to issue proceedings.
Successful outcome: Migration matter
Mallesons Stephen Jaques accepted a pro bono referral to instruct pro bono counsel
under the Victorian Bar Legal Assistance Scheme in an application to the Federal
Magistrates Court of Victoria for judicial review of a decision to refuse a protection
visa to a refugee at Baxter detention centre. After receiving written submissions for
the applicant, the Minister for Immigration consented to remittal of the matter to the
Refugee Review Tribunal for a fresh hearing.

PILCH HOMELESS PERSONS’ LEGAL CLINIC
INTRODUCTION
At the time of writing, we have just received the preliminary observations from the
UN Special Rapporteur on the Right to Adequate Housing, who at the conclusion of
an official country visit to Australia, criticised the failure of Australian governments
to fulfil their human rights obligations in relation to the promotion and protection of
the right to adequate housing. In his comments, the Special Rapporteur noted with
concern that over 100,000 people across Australia are homeless on any given night
and that there are currently inadequate laws to provide income support and protection
from discrimination.
In the past year, the PILCH Homeless Persons’ Legal Clinic (‘HPLC’) has continued
to work to assist people who are homeless or at risk of homelessness with their legal
problems by providing free legal assistance and advocacy. These issues, which
range from being evicted to being unable to pay an ever increasing amount of fines
incurred as a result of being homeless, are known to trigger, exacerbate or prolong
homelessness. In many cases, the resolution of these issues is a necessary step
towards a pathway out of homelessness.
In addition to providing direct casework services, the HPLC undertakes law reform
work and public policy advocacy to promote the human rights of people experiencing
homelessness. The HPLC also conducts comprehensive community legal education to
equip lawyers and consumers to use the law to respond to homelessness.
Legal services are provided in the areas of civil, administrative and summary criminal
law on a weekly basis by pro bono lawyers from:
• Allens Arthur Robinson at HomeGround Argyle Housing
• Baker & McKenzie at The Salvation Army Life Centre
• Blake Dawson Waldron and the National Australia Bank Legal Department at
Anglicare St Peter’s Eastern Hill and the Lazarus Centre
• Clayton Utz at The Big Issue and Credo Café
• Mallesons Stephen Jaques at Melbourne Citymission Western
• Minter Ellison at Flagstaff Crisis Accommodation and Ozanam House
• Phillips Fox at Hanover Southbank
• Corrs Chambers Westgarth at The Victorian Association for the Care and
Resettlement of Offenders
The provision of legal services at each of these agencies – which provide
homelessness assistance services such as accommodation, meals and material aid
– facilitates direct access by clients.
NEW INITIATIVES
New Clinic
Earlier this year, the HPLC opened its
10th outreach service with new HPLC
firm, Corrs Chambers Westgarth, based
at the Victorian Association for the Care
and Resettlement of Offenders. This clinic
provides targeted assistance to pre- and
post- release prisoners and their families
who may be homeless or at risk of homeless.
We are extremely pleased to have both Corrs
and VACRO on board.
Establishment of the Consumer Advisory Group
The right to active and meaningful participation in decisions and processes that affect
you is a fundamental human right. In recognition of this right, earlier this year, the Clinic
established a Consumer Advisory Group (‘CAG’). The group comprises of 8 regular
members, all of whom have experienced homelessness. The role of the CAG is to
contribute to improving the quality of the Clinic’s service delivery, policy, advocacy, law
reform and community development activities.
CAG members are in a unique position to do this, as they have had both positive and
negative experiences with a range of services and are able to give real insight as to how
services can be developed and laws and policies can be changed to better respond to
people experiencing homelessness.
In recognition of their valuable contribution, each CAG member is remunerated with
the assistance of a grant form the Victoria Law Foundation. Since its establishment
in January 2006, the CAG has presented on empathetic lawyering to over 80 HPLC
lawyers, presented at a state-wide conference on the importance of consumer
participation and organised a consumer forum with over 50 attendees.
FUNDING
Homeless Persons’ Legal Clinic lawyers, Stephen Reeves and Melody Webb
from Clayton Utz
In 2005-2006, the Clinic was funded in the amount of $76,875 by the Victorian
Department of Justice through the Community Legal Services Program Fund
administered by Victoria Legal Aid. This funding was generously supplemented by
donations in the amount of $5,000 each from Arnold Bloch Leibler and the National
Australia Bank Legal Department. It was also supplemented by an amount of almost
$80,000, comprising grants from the Victoria Law Foundation and the Consumer Credit
Fund, fundraising from events conducted by PILCH and Blake Dawson Waldron,
HPLC training fees and event registration costs, and court costs. The HPLC is pleased
to report that as of 1 July 2006 it will receive a 30% increase in its core funding from
Victoria Legal Aid.
18 14

19
Kristen Hilton – HPLC
Coordinator and Principal
Solicitor
STAFFING
In January 2006, Phil Lynch, who has done an outstanding job as Coordinator for the
past 4 years, moved on from the Clinic to take up a position as Director of the newly
established Human Rights Law Resource Centre. Kristen Hilton, former manager of the
Law Institute of Victoria Legal Assistance Scheme, is the Clinic’s current Coordinator
and Principal Solicitor.
The Clinic was supported by the excellent paralegal and administrative skills of parttime
Administrator, Elise Crowe and the expert guidance of PILCH Co-Executive
Directors, Emma Hunt and Paula O’Brien.
STATISTICS
In 2005-06, the Clinic provided free legal services to 420 people who were homeless
or at risk of homelessness. A significant number of these cases were successfully
resolved. The amount of time contributed by volunteer lawyers in 2005 - 2006 is
estimated to exceed 4,000 hours at a commercial value of almost $1.75 million.
Examples of the legal assistance rendered include:
Clayton Utz assisted a man in challenging a decision by Centrelink to recover almost
$8000 in debt accrued through social security overpayments. Solicitors assisted the
client in obtaining a successful review of the decision. The debt was eventually waived
on the grounds of special circumstances which included the client’s psychiatric illness.
Allens Arthur Robinson acted for a man who was extremely concerned about losing
his Centrelink Mobility Allowance, which would have placed him under great financial
stress and would have seriously impacted his fragile mental health. Despite initial
resistance from Centrelink, Allens were eventually successful in advocating for the
reinstatement of the client’s allowance.
Minter Ellison lawyers obtained compensation from the Queensland Government for
a homeless client who was falsely held in prison despite being entitled to release. The
man had served a period of time in prison for an offence, however, he had not been
permitted to leave until a few days after the sentenced period.
Blake Dawson Waldron assisted a client who had received an infringement notice for
failing to produce a valid ticket when alighting a tram. At the time of the offence, the man
was sleeping rough and living off a reduced Centrelink payment of only $280 fortnight.
The ticket inspector threatened to have the client arrested and detained because
he could not provide a residential address. The client gave the ticket inspector the
telephone number of his HPLC volunteer lawyer. The HPLC lawyer negotiated with the
ticket inspector to have the address of The Big Issue (where the client was employed)
recorded as the client’s address. Without HPLC’s involvement, the client may have
been arrested and detained unnecessarily and unlawfully. The HPLC was subsequently
successful getting the fine withdrawn on the grounds that the client was experiencing
homelessness and severe financial hardship at the time of the offence.
EVENTS
A number of major events were convened by the HPLC in 2005-06, including:
• A fundraising trivia night held by Blake Dawson Waldron
• A forum on homelessness and human rights in conjunction with the Council to
Homeless Persons
• A community education forum about the connections between the criminal justice
system and homelessness in association with the Victorian Association for the Care
and Resettlement of Offenders
• A workshop regarding homelessness and human rights at the 2006 National
Homelessness conference
• An empathetic lawyering workshop conducted in association with the Office of the
Public Advocate and the HPLC Consumer Advisory Group
• A seminar on human rights lawyering and homelessness in regional Victoria in
conjunction with the Loddon Mallee Housing Network
PROJECTS, POLICY AND ADVOCACY
During 2005 - 2006, the HPLC continued to undertake research and conduct public
policy advocacy promoting the legal and human rights of homeless people. Law reform
submissions made to state and federal governments and bodies included:
• a major submission to the Victorian Government’s Human Rights Consultation
Committee regarding homelessness and human rights in Victoria and the proposed
introduction of a Charter of Rights. The submission was based on and informed
by 11 consultative workshops involving a total of 106 people who were homeless
or formerly homeless. Each of the workshops provided participants with targeted
information about the Government’s Human Rights Project and an opportunity
to have their say about the promotion, protection and fulfilment of human
rights in Victoria;
• a submission to the Victorian Law Reform Commission in relation to the operation
and regulation of residential tenancy databases. The submission outlined the
significant correlation between a ‘blacklisting’ on a residential tenancy database and
homelessness;
• a submission to the Victorian Government regarding the Alcoholics and Drug-
Dependent Persons Act 1968 (Vic) which argued for holistic, integrated and longterm
drug treatment strategies;
• a submission to the Parliamentary Joint Committee on Corporations and Financial
Services Inquiry into Corporate Social Responsibility examining the nature, extent,
scope and incidence of corporate social responsibility in Australia;
• a submission to the Victorian Law Reform Commission in relation to potential
reform of the Bail Act 1977 (Vic). The submission examined the current impact
of the Bail Act on people experiencing homelessness and how the Act could be
appropriately reformed to address these negative impacts.

During 2005-06, the Victorian Government introduced a number of important initiatives
and amendments based on the HPLC’s advocacy, including the introduction of the
Infringements Act 2006 (Vic). The Act, which replaces the old PERIN system, enacts
a number of recommendations made by the HPLC including the expansion of ‘special
circumstances’, which now specifically recognise the difficulties that people who are
experiencing homelessness have in dealing with fines incurred for a range of minor
offences, many of which they would not have incurred if they had not been homeless.
During 2005-06, the HPLC was also represented on a number of reference and
advisory groups, including:
• Victorian Government Charter of Rights Reference Group
• Victorian Government Infringements Framework Reference Group
• AEC/VEC Homeless Voting Task Force
• Housing is a Human Right Reference Group
• Public Transport Enforcement Forum
• StreetSmart Australia Advisory Group
• Anglicare Victoria Research Ethics Committee
• Neighborhood Justice Centre Legal Services Reference Group
• Homelessness Advocacy Service Reference Group
• Human Rights Legal Centre Reference Group
• Federation of Community Legal Centres PERIN Working Group
• National Homelessness Legal Services Network
TRAINING
The HPLC provides significant community legal education to pro bono and community
lawyers, homelessness workers and people experiencing homelessness.
In 2005-06, in addition to providing a comprehensive 20 hour induction program for
HPLC lawyers, the HPLC provided bi-monthly training sessions and a number of
half-day workshops for community lawyers, homelessness workers and consumers.
Training was delivered on topics including communication skills, empathetic lawyering,
mental health and human rights.
In conjunction with the Council to Homeless Persons, the Homeless People’s
Association and the Centre on Housing Rights and Evictions, the HPLC continued to
provide training to homelessness workers in regional areas about the use of human
rights in homelessness casework, service delivery and advocacy. During 2005
– 2006, the HPLC, together with Consumer Law Centre Victoria and Consumer Credit
Legal Service and the Financial and Consumer Rights Council, conducted a series of
eight half-day workshops throughout regional and rural Victoria about advocating for
financially and socially disadvantaged people in relation to credit and debt.
The HPLC continued to present guest lectures to law students at the University of
Melbourne, La Trobe University and the University of Sydney.
Homeless Persons' Legal Clinic Areas of Law
PROMOTION AND PUBLICATIONS
In 2005 - 2006, the HPLC published seven editions of its bi-monthly newsletter,
Street Rights. Each edition of Street Rights contains information about a legal issue
relevant to homeless people, promotes opportunities for engagement and participation
in public policy advocacy and law reform, and profiles a community organisation or
homelessness service provider.
Throughout 2005-06, the HPLC also published numerous articles regarding
homelessness, human rights and the law in publications as diverse as The Age, the
Herald-Sun, the Alternative Law Journal, Parity and the Melbourne University Law
Review. Radio interviews were conducted on Radio National, 3AW, 3JJJ, 3RRR
and 3CR.
AWARDS
Discrimination
Superannuation
Consumer/Trade Practices
Health (Including Mental Health)
Employment/Industrial
Victims of Crime
Administrative
Wills/Probate
Not Stated
Guardianship/Administration
Other
Social Security
Family
Personal Injury/Negligence
Housing/Tenancy
Other
Debt
Criminal
PERIN Fines
In 2005, the HPLC was conferred with the prestigious Australian Human Rights Law
Award. The Award, conferred jointly by the Human Rights and Equal Opportunity
Commission and the Law Council of Australia, is made annually to an individual or
organisation with a ‘proven track record of contributing to the promotion of human rights
in Australia through the practise of law’. The Clinic was also Highly Commended for the
Award in 2004.
ACKNOWLEDGEMENTS
0.93%
1.02%
1.02%
1.30%
1.53%
1.63%
1.86%
1.95%
3.07%
3.48%
4.47%
4.60%
5.20%
6.08%
7.25%
10.33%
10.82%
11.33%
26.61%
The Clinic thanks volunteer lawyers, participating law firms and host agencies for their
continued support and efforts to ensure that the legal and human rights of homeless
people are promoted and respected.
Jacque Lancaster – PILCH
Bookkeeper
20

HUMAN RIGHTS LAW RESOURCE CENTRE LTD
21
The Human Rights Law Resource Centre Ltd (‘HRLRC’), a joint initiative of the Public
Interest Law Clearing House (Vic) Inc and the Victorian Council for Civil Liberties
Inc (‘Liberty Victoria’), was incorporated in January 2006 as a company limited
by guarantee.
The HRLRC is an independent community legal centre which seeks to promote, protect
and contribute to the fulfilment of human rights in Australia, particularly the human rights
of people that are disadvantaged or living in poverty, through the practice of law.
The HRLRC seeks to realise this vision by providing and supporting human rights
litigation, education, training, research and advocacy.
The HRLRC is the first specialist human rights legal centre in Australia. It is also the
first centre to pilot an innovative service delivery model to promote human rights. The
model seeks to draw together and coordinate the capacity and resources of pro bono
lawyers and legal professional associations, the human rights law expertise of university
law schools, and the networks, grass root connections and community development
focus of community legal centres and human rights organisations.
There could hardly have been a more appropriate time for the HRLRC to be
established. Human rights issues are presently central to public issues in a manner
not seen in recent memory. From mooted amendments to Australia’s migration policy,
to the detention of remand prisoners in Melbourne charged under counter-terrorism
laws and perhaps most significantly, the introduction of the Victorian Charter of Human
Rights and Responsibilities, there is clear scope for the activities of a human rights
law organisation.
The introduction of the Victorian Charter creates many challenges and opportunities
for the HRLRC concerning the Charter’s implementation, operation and review.
Community and professional education on the potential impact of the Charter will
be vital. The HRLRC has undertaken a significant amount of work in this regard
since January via public forums like newspapers, training sessions for community
organisations and legal professionals, and roundtable discussions for legal and
human rights experts to develop the best strategy for the Charter’s implementation
and operation, drawing on the experience of other countries with similar human rights
charters. In this connection, it is hoped that the HRLRC’s Human Rights Law Manual,
published online at www.hrlrc.org.au, will be an invaluable source of information on,
among other things, the Victorian Charter and its impact.
The Victorian Charter omits economic, social and cultural rights. This highlights the
significance of another of the HRLRC’s thematic priorities: advocating the importance,
interdependence, indivisibility and justiciability of economic, social and cultural rights.
The coming years present considerable challenges in this area.
This is not to say the realm of civil and political rights is bereft of challenge. Indeed,
one of the HRLRC’s most significant projects this year was the application for an
amicus intervention in the case of Joseph
Thomas v The Queen in the Victorian Court
of Appeal. With the considerable help
of a wonderful team from Blake Dawson
Waldron, Brian Walters SC and Michael
Kingston of Counsel, the HRLRC filed
detailed submissions on the application
of international human rights law on the
Philip Lynch – HRLRC Director
conviction and sentence of Mr Thomas at
trial, and sought leave to appear as a friend
of the court for these purposes. The Court of Appeal ultimately declined the application,
but encouraged defence counsel to draw upon the HRLRC’s submissions, which it duly
did: refiling the HRLRC submissions in full as further submissions for the defence.
This work, along with various policy submissions to the inquiries by the Senate
Committee and the Human Rights and Equal Opportunity Commission, or
communications to UN Special Rapporteurs, has given clear expression to the
HRLRC’s further thematic priorities of rights of non-discrimination, and the treatment
and conditions of detained persons.
The HRLRC’s capacity to litigate as a method of promoting and protecting human rights
is a major distinguishing feature of the Centre. As the Centre grows, and its capacity
increases in the future, this will form a key plank of its activity. Of course, such work
could not be done with out the hard work of firms like Allens Arthur Robinson, Blake
Dawson Waldron, Clayton Utz and Mallesons Stephen Jaques, all of whom have done
considerable pro bono work for the HRLRC, and to whom the Centre is deeply thankful.
Special thanks must also be accorded to the HRLRC’s Advisory Committee, chaired by
Julian Burnside QC, which has played a significant role in the identification of human
rights issues and needs, the development of the HRLRC’s strategic priorities, and the
conduct of the HRLRC’s activities in a manner that is effective and responsive.
Over the next 18 months, the HRLRC will be evaluated, on an ongoing basis, by an
evaluation and advisory team comprising Andrea Durbach of the Australian Centre for
Human Rights, Rufus Black of McKinsey & Co, Ron Merkel QC and Anton Hermann
of Minter Ellison. This team will evaluate and make recommendations regarding
the efficiency, effectiveness, sustainability, impacts and outcome of the HRLRC.
The evaluation will contribute significantly to the identification and enhancement of
organisational and sectoral capacity to promote human rights through the practice
of law.
Philip Lynch
Director

We received a great professional service,
specialized and considerate of our particular
needs. Because of this assistance, we have
now implemented our own pro bono service
Not-for-profit organisation assisted
by PILCH in 2005-2006
PILCH Fellow – Bryony McCormack
FELLOW PROFILE: BRYONY MCCORMACK
I first heard about PILCH during a vacation clerkship at Allens Arthur Robinson. In contrast to the talks
we were given about the different departments of the firm and the opportunities available as vacation
clerks, the presentation from PILCH stood out as something unique, interesting and worthwhile. I was
lucky enough to be offered the fellowship from AAR to spend two weeks at PILCH and I jumped at the
chance to do so.
I spent my two weeks at PILCH in July 2006 and enjoyed the experience so much that I am now
volunteering once a fortnight for the remainder of this semester. PILCH is a fun, friendly and open
environment and I am still amazed at how approachable the staff are and their genuine interest in what
all the volunteers have to say.
During the fellowship I took phone calls from clients, attended meetings, visited the Asylum Seeker
Legal Resource Centre and drafted referral memoranda to barristers and solicitors. I felt the fellowship
allowed me to develop a new set of skills in interacting with clients and gave me the confidence to speak
to people about a range of issues, from immigration to family law and issues affecting not-for-profit
organisations.
Working at PILCH gave me a fresh perspective on the law and how it impacts on a diverse range
of people. PILCH is a professional yet comfortable and welcoming organisation and I have greatly
appreciated the time I have spent there so far.
Leah Dawtrey – TAC secondee from March – June 2006
22

STAFF
Paula O’Brien
Co-Executive Director
Emma Hunt
Co-Executive Director (on parental leave from
February 2006 – present)
Rachel Brown
Coordinator
Elspeth Martini Administrative Assistant (September 2005 – August 2006)
Henrietta Zeffert Publications Assistant (January – September 2006)
Alice O’Connell Publications Assistant (February 2005 – December 2005)
John Davies Bookkeeper (February 2003 – May 2006)
Jacque Lancaster
Bookkeeper
Tabitha Lovett
Manager, Public Interest Law Scheme
Kristen Hilton
Coordinator and Principal Solicitor, Homeless Persons’
Legal Clinic (December 2005 – present)
Manager, Law Institute Legal Assistance Scheme
(November 2004 – December 2005)
Elise Crowe
Administrator, Homeless Persons’ Legal Clinic
(February – June 2006)
Chelsea Gorr
Administrator, Homeless Persons’ Legal Clinic
(June – September 2006)
Philip Lynch
Director and Principal Solicitor, Human Rights Law
Resource Centre (present), Coordinator, Homeless
Persons’ Legal Clinic (September 2001 – December 2005)
Eve Stagoll
Manager, Law Institute of Victoria Legal Assistance
Scheme
Teresa Cianciosi
Administrator, Law Institute of Victoria Legal Assistance
Scheme
Michelle Panayi
Manager, Victorian Bar Legal Assistance Scheme
Susannah Sage Jacobson Manager, Victorian Bar Legal Assistance Scheme (on
parental leave from March 2006 – present)
Kate Fischer
Solicitor, Law Institute of Victoria Legal Assistance Scheme
and Victorian Bar Legal Assistance Scheme
Damien Pitts
Administrator, Victorian Bar Legal Assistance Scheme
(present), Coordinator (April 2005 – March 2006)
Bernadette Segrave Administrator, Victorian Bar Legal Assistance Scheme
(November 2004 – February 2006)
SECONDEES
PILCH thanks those members who, in the last year, made available solicitors and
administrative assistants on secondment:
Secondee Name Firm Start Date End Date
Caroline Adler Allens Arthur Robinson Jan 2006 Jul 2006
Leah Dawtrey TAC Mar 2006 Jun 2006
Janey Tootell Corrs Chambers Westgarth Jan 2006 Feb 2006
Anne Fitzpatrick TAC Nov 2005 Feb 2006
Anthony Herman Corrs Chambers Westgarth Sept 2005 Oct 2005
Daniel Creasey Corrs Chambers Westgarth Sept 2005 Dec 2005
Clare Rowan TAC July 2005 Oct 2005
Penny Dedes Department of Justice April 2005 Jun 2006
Sam Ure Allens Arthur Robinson Feb 2005 Aug 2005
VOLUNTEERS
Volunteers & Interns
Helen Arblaster
Amelia Beech
Darielle Ben-David
Rajat Bhattacharya
Marty Bortz
Samantha De Forest
Nicholas Chenu
Rumiko Commons
James Dimond
Lois Erickson
Simone Finch
Sean Gomes
Fergus Green
Michael Griffith
Dana Hooshmand
Akane Kanai
Kylie Karabestos
Lily Lin
Tom Lin
Katherine McMahon
Nerida Mulvey
Krystal Navez d’Aubremont
Belinda Northey
Natalie Peles
Vivienne Pham
Sarah Poon
Renee Prue
Brooke Purcell
Helen Ryu
Tina Samardzija
Lisa Smith
Lucy Spencer
Sou Taing
Catherine Timms
Brenda Valdez
Nadine Vielhuber
Nicholas Walter
Miranda Webster
Student Placements -
La Trobe University
Caitlin Tierney
Liane Hartnett
Fellows
Allens Arthur Robinson
Luke Raffin
Derek Tong
Swee Leng Harris
Bryony McCormack
Clayton Utz
Kylie Sheddon
Minter Ellison
Tim Kern
Edwina Chin
Good Company
volunteers
Spence Wort
23

PUBLIC INTEREST LAW CLEARINGHOUSE (VICTORIA) INC.
ABN 54 206 789 276 Financial Statements For the Year Ended 30 June 2006
Income Statement For the Year Ended 30 June 2006
Note 2006 $ 2005 $
Revenue 7 741,856 761,131
Marketing expenses (771) -
Occupancy expenses (48,139) (46,201)
Administrative expenses (696,771) (654,757)
Grant HRLRC Ltd (70,000) -
Other expenses (10,166) (10,339)
Profit / (Loss) (83,992) 49,834
The accompanying notes form part of the financial statements.
Balance Sheet 30 June 2006
ASSETS
Note 2006 $ 2005 $
Current assets
Cash and cash equivalents 202,806 301,589
Trade and other receivables 2 54,109 47,958
Total current assets 256,915 349,547
Non-current assets
Property, plant and equipment 3 22,196 31,092
Total non-current assets 22,196 31,092
TOTAL ASSETS 279,111 380,639
LIABILITIES
Current liabilities
Trade and other payables - 12,827
Short-term provisions 62,559 67,255
Other current liabilities 7 25,077 57,182
Total current liabilities 87,636 137,264
Other non-current liabilities 18,124 18,805
Total non-current liabilities 18,124 18,805
TOTAL LIABILITIES 105,760 156,069
NET ASSETS 173,351 224,570
EQUITY
Retained earnings 173,351 224,571
TOTAL EQUITY 173,351 224,571
The accompanying notes form part of the financial statements. 24

25
Statement of Cash Flows
For the Year Ended 30 June 2006
Notes 2006 $ 2005 $
Cash from operating activities:
Receipts from membership & donations 284,695 277,042
Payments to suppliers and employees (839,369) (676,061)
Receipts from other sources 363,818 380,271
Interest received 14,777 12,198
Receipts from government grants - recurrent 78,566 76,875
Net cash provided by (used in) operating activities 4 (97,513) 70,325
Cash flows from investing activities:
Acquisition of property, plant and equipment (1,270) (5,669)
Net cash provided by (used in) investing activities (1,270) (5,669)
Net increase (decreases) in cash held (98,783) 64,656
Cash and cash equivalents at beginning of year 301,589 236,933
Cash at end of financial year 202,806 301,589
The accompanying notes form part of the financial statements.
Notes to the Financial Statements
For the Year Ended 30 June 2006
1 Statement of Significant Accounting Policies
General information
This financial report is a special purpose financial report prepared in order to satisfy the
financial reporting requirements of the Associations Incorporation Act of Victoria. The
Board has determined that the association is not a reporting entity.
The financial report has been prepared in accordance with the requirements of the
Associations Incorporation Act of Victoria and the following Australian Accounting
Standards:
AASB 112
AASB 1031
AASB 110
AASB 117
AASB 108
AASB 107
AASB 101
AASB 116
Income Taxes
Materiality
Events after the Balance Date
Leases
Accounting Policies, Changes in Accounting Estimates and Errors
Cash Flow Statements
Presentation of Financial Statements
Property, Plant and Equipment
No other applicable Accounting Standards, Urgent Issues Group Interpretations or other
authoritative pronouncements of the Australian Standards Board have been applied.
The financial report has been prepared on an accruals basis and is based on historical
costs and does not take into account changing money values or, except where
specifically stated, current valuations of non-current assets.
The following material accounting policies, which are consistent with the previous period
unless otherwise stated, have been adopted in the preparation of this financial report.
(a) Property, Plant and Equipment
Equipment & Furniture and Computers are carried at cost less, where applicable, any
accumulated depreciation.
The depreciable amount of all fixed assets are depreciated over the useful lives of the
assets to the association commencing from the time the asset is held ready for use.
(a) Provisions
Provisions are recognised when the group has a legal or constructive obligation, as a
result of past events, for which it is probable that an outflow of economic benefits will
result and that outflow can be reliably measured.
(b) Leases
Lease payments for operating leases, where substantially all of the risks and
benefits remain with the lessor, are charges as expenses in the periods in which they
are incurred.

Statement of Significant Accounting Policies continued...
(c) Revenue
Revenue from the sale of goods is recognised upon the delivery of goods to customers.
Interest revenue is recognised on a proportional basis taking into account the interest
rates applicable to the financial assets.
Revenue from investment properties is recognised on an accruals basis or straight-line
basis in accordance with lease agreements.
Dividend revenue is recognised when the right to receive a dividend has been
established. Dividends received from associates and joint venture entities are
accounted for in accordance with the equity method of accounting.
Revenue from the rendering of services is recognised upon the delivery of the service to
the customers.
All revenue is stated net of the amount of goods and services tax (GST).
(d) Goods and Services Tax (GST)
Revenues, expenses and assets are recognised net of the amount of GST, except
where the amount of GST incurred is not recoverable from the Australian Taxation
Office. In these circumstances the GST is recognised as part of the cost of acquisition
of the asset or as part of an item of the expense. Receivables and payables in the
balance sheet are shown inclusive of GST.
Cash flows are presented in the cash flow statement on a gross basis, except for the
GST component of investing and financing activities, which are disclosed as operating
cash flows.
(e) Grants
Grants are recognised at fair value where there is reasonable assurance that the grant
will be received. When grants can be regarded as unconditional, no liability is held.
(f) Prior Period Adjustment
During the financial year, an error that occurred in previous financial periods was
discovered. The error discovered was a $9,340 overstatement in the provision for
employee benefits. The cause of the error is unclear, as is the original date the error
occurred. In order to ensure an accurate financial report the 2005 figures have been
restated in this financial report to reflect the correction. The error has reduced the prior
year provision for annual leave, as shown in last year’s financial report and increased
the retained earnings in the prior year as follows:
2005 Retained Earnings in prior year report: $215,231
Correction of error: $ 9,340
2005 Retained Earnings as reported above: $224,571
Notes to the Financial Statements
For the Year Ended 30 June 2006
2 Trade and Other Receivables
2006 $ 2005 $
CURRENT
Trade receivables 53,442 44,558
Prepayments - 3,400
Reimbursement HRLRC Ltd. 667 -
Amounts receivable from:
54,109 47,958
3 Property Plant and Equipment
PLANT AND EQUIPMENT
Office equipment
At Cost 24,661 24,661
Less accumulated depreciation (7,689) (5,219)
Total office equipment 16,972 19,442
Computer equipment
At cost 29,507 28,237
Less accumulated depreciation (24,282) (16,587)
Total computer equipment 5,225 11,650
Total property, plant and equipment 22,197 31,092
26

Notes to the Financial Statements
For the Year Ended 30 June 2006
4 Cash Flow Information
Reconciliation of Cash Flow from
Operations with Profit
2006 $ 2005 $
Net income/loss for the period (83,992) 49,834
Cash flows excluded from profit
attributable to operating activities
Non-cash flows in profit
Depreciation 10,166 10,339
changes in assets and liabilities, net of
the effects of purchase and disposal of
subsidiaries
(Increase)/decrease in trade and term
receivables
(2,084) (14,745)
(Increase)/decrease in prepayments (3,400) 374
Increase/(decrease) in trade payables and
accruals
(12,827) 7,359
Increase/(decrease) in provisions (5,376) 17,164
(97,513) 70,325
Notes to the Financial Statements
For the Year Ended 30 June 2006
6 Related party transactions
(a) PILCH provides services to related party
The association provides office space and other services to Human Rights Law Resources
Centre Ltd. The association is reimbursed for the cost of providing office space and
other services and records the reimbursements as a reduction of operating expenses.
Reimbursements for the year ended 30 June 2006 were $ 42,519.
(b) Accounts receivable from related party
As of 30 June 2006, accounts receivable include approximately $ 17,586 due from Human
Rights Law Resources Centre Ltd. This amount is part of the $42,519 noted in 6 (a).
(c) Associated Companies/Entities
Public Interest Law Clearinghouse (Victoria) provided
unconditional grants to Human Right Law Resource Centre
Ltd. during the financial year
2006 $ 2005 $
70,000 -
5 Capital and Leasing Commitments
Operating Lease Commitments
Non-cancellable operating leases contracted for but not capitalised in the financial
statements
Payable - minimum lease payments
2006 $ 2005 $
- not later than 12 months 36,684 42,610
- between 12 months and 5 years - 36,684
36,684 79,294
The property lease is a non-cancellable lease with a three-year term, with rent payable
monthly in advance.
27

Notes to the Financial Statements
For the Year Ended 30 June 2006
7 Statement of Financial Operations
2006 $ 2005 $
PILCH HPLC LIV VICBAR HRLRC TOTAL TOTAL
Income
Membership 264,653 - - - - 264,653 260,008
VLF Grant 909 5,455 - - - 6,364 2,727
LIV Management Fees - - 135,729 - - 135,729 126,912
VICBAR Management Fees - - - 121,195 - 121,195 114,633
Homelessness Project - 78,566 - - - 78,566 76,875
Interest received 10,254 1,933 210 2,380 - 14,777 12,198
Training/Teaching Fees - 22,696 - - - 22,696 1,585
Event registration 2,690 2,036 - 1,974 - 6,700 45,784
Court Ordered Costs - 2,350 - - - 2,350 7,340
Refund & Reimbursements 21,298 - - 178 42,519 63,995 53,199
Other income 3,945 812 - 32 - 4,789 42,835
Donations 5 19,522 515 - - 20,042 17,034
Total Income 303,755 133,370 136,454 125,758 42,519 741,856 761,130
Expenditure
Payroll 205,374 81,426 94,258 98,718 37,630 517,406 448,679
Salary oncost 24,702 11,498 11,124 11,752 3,342 62,417 60,450
Occupancy 18,156 7,067 11,039 10,825 1,053 48,139 46,201
Other expenses 71,963 - 10,191 9,595 - 91,749 36,603
Travel & event staging costs 6,095 17,787 1,473 4,152 117 29,625 46,492
Communications 6,810 2,328 3,652 3,575 361 16,726 17,852
Amenities,postage & stat. 5,729 2,210 4,039 3,549 230 15,758 19,515
Printing 1,715 570 911 874 - 4,070 7,207
Depreciation 6,093 1,031 246 2,796 - 10,166 10,339
Equipment repairs 3,368 1,297 1,950 2,172 284 9,071 7,090
Finance & Insurance 2,567 1,030 1,437 2,646 154 7,834 6,265
Library & Membership 2,402 928 1,856 1,378 15 6,578 3,978
Consultants - 6,309 - - - 6,309 625
Total expenditure 354,975 133,481 142,175 152,032 43,186 825,848 711,296
PROFIT / (LOSS) (51,220) (110) (5,721) (26,274) (667) (83,992) 49,834
Accumulated Funds as at 1 July 2005 224,571 18,492 11,890 26,800 - 281,753 231,918
PROFIT / (LOSS) for year (51,220) (110) (5,721) (26,274) (667) (83,992) 49,834
Notes to the Financial Statements
For the Year Ended 30 June 2006
8 Association Details
The registered office of the association is:
Public Interest Law Clearinghouse (Victoria) Inc.
Level 1, 550 Lonsdale Street
Melbourne Vic 3000
Accumulated Funds as at 30 June 2006 173,351 18,382 6,169 526 (667) 197,761 281,753 28

Public Interest Law Clearinghouse (Victoria) Inc. ABN 54 206 789 276
Independent Audit Report to the members of Public Interest Law Clearinghouse
(Victoria) Inc.
Scope
We have audited the financial report, being a special purpose financial report, of
Public Interest Law Clearinghouse (Victoria) Inc. for the financial year ended 30 June
2006 as set out on pages 1 to 12. The Board is responsible for the financial report
and has determined that the accounting policies used and described in Note 1 to the
financial statements which form part of the financial report are appropriate to meet the
requirements of the Associations Incorporations Act of Victoria and are appropriate
to meet the needs of the members. We have conducted an independent audit of this
financial report in order to express an opinion on it to the members of Public Interest
Law Clearinghouse (Victoria) Inc. No opinion is expressed as to whether the accounting
policies used are appropriate to the needs of the members.
The financial report has been prepared for the purpose of fulfilling the requirements
of the Associations Incorporation Act of Victoria. We disclaim any assumption of
responsibility for any reliance on this report or on the financial report to which it relates
to any person other than the members, or for any purpose other than that for which it
was prepared.
Our audit has been conducted in accordance with Australian Auditing Standards. Our
procedures included examination, on a test basis, of evidence supporting the amounts
and other disclosures in the financial report, and the evaluation of accounting policies
and significant accounting estimates. These procedures have been undertaken to form
an opinion whether, in all material respects, the financial report is presented fairly in
accordance with the accounting policies described in Note 1 so as to present a view
which is consistent with our understanding of the association’s financial position and
performance as represented by the results of its operations and its cash flows. These
policies do not require the application of all Accounting Standards and other mandatory
professional reporting requirements in Australia.
The audit opinion expressed in this report has been formed on the above basis.
29

Public Interest Law Clearing House (Vic)
Incorporated © 2006
Level 1, 550 Lonsdale Street
Melbourne VIC 3000
Tel: (03) 9225 6680
Fax: (03) 9225 6686
DX 38227 Flagstaff
Email: pilch@vicbar.com.au
Website: www.pilch.org.au
Annual Report 2005-2006
November 2006
Written and compiled by staff, secondee solicitors and
volunteers of the Public Interest Law Clearing House.
Edited by Edwina Scott
Printed by Arena Printing and Publishing Pty Ltd
Photography by Henrietta Zeffert (pages 3, 6, 8, 9, 10,
11, 13, 15.,17, 18, 19, 21, 22).
Ms Zeffert was a Publications Assistant during 2006.
Special thanks to Nicole Houlihan for designing
this Report and to Freehills for sponsorship of the
design costs.
Access to legal services is a basic human right.
PILCH plays a major role in providing legal
services to disadvantaged people.
Not-for-profit organisation assisted
by PILCH in 2005-2006