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Annual Report 2004 – 2005 - pilch

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VICTORIAN BAR LEGAL ASSISTANCE SCHEME<br />

The Victorian Bar Legal Assistance Scheme (‘VB LAS’) is now in its fifth successful<br />

year of administration by the Public Interest Law Clearing House (‘PILCH’) and is<br />

overseen by the Legal Assistance Committee (‘LAC’) of the Victorian Bar, to which<br />

PILCH regularly reports.<br />

Over 500 barristers – more than 25 per cent of the practising list – have volunteered to<br />

participate in VB LAS. This strong commitment is reflected amongst barristers of all levels<br />

of seniority and is refreshed on an on-going basis, with about 25 per cent of those who<br />

signed the Bar Roll this year also volunteering to participate in VB LAS. Many barristers,<br />

although not formally registered, welcome requests to assist VB LAS when approached.<br />

The majority of applications to VB LAS come from individuals, many with complex legal<br />

problems and without other options for legal assistance. Individual clients are most<br />

often referred to VB LAS by community legal centres or the courts. Referrals made to<br />

barristers may be for advice, drawing documents and/or appearance work.<br />

VB LAS has greatly benefited from office-sharing with PILCH and with the Law Institute<br />

of Victoria Legal Assistance Scheme (LIV LAS) through opportunities for cross-referrals<br />

and shared knowledge.<br />

FUNDING<br />

VB LAS is funded by the Victorian Bar and the Legal Practice Board. This funding<br />

was increased significantly (from approximately $84,000 to $118,000) in the <strong>2004</strong>-<br />

<strong>2005</strong> financial year to allow VB LAS to employ additional staff to meet the increased<br />

demands for assistance.<br />

Jane Fricke and Susannah Sage Jacobson<br />

Managers, Victorian Bar Legal Assistance Scheme<br />

STAFFING<br />

During the current reporting period, VB LAS ceased to rely on PILCH secondee solicitors, drawn<br />

from the PILCH member firms, to perform casework. In its ‘coming of age’ (from a staffing point<br />

of view), VB LAS now has the benefit of a full-time dedicated Solicitor/Manager position. This<br />

position has been job-shared by Jane Fricke and Susannah Sage Jacobson since October<br />

<strong>2004</strong>. Prior to Jane’s commencement, Susannah staffed the position three days per week.<br />

VB LAS has also welcomed Bernadette Segrave as administrative assistant to VB LAS two<br />

days per week. Bernadette commenced at VB LAS in November <strong>2004</strong> and has provided<br />

invaluable support in all aspects of VB LAS’s work.<br />

VB LAS also continues to be assisted by the PILCH staff, volunteers, student interns and<br />

fellows and seconded administrators.<br />

CASEWORK STATISTICS<br />

VB LAS has been substantially busier in the <strong>2004</strong>-<strong>2005</strong> financial year than it was in the previous<br />

financial year, reflecting a continued increase in demand for pro bono legal services. Total<br />

inquiries rose from 284 to 374, an increase of 32%. Referrals were correspondingly higher,<br />

rising 19% from 154 in <strong>2004</strong>-<strong>2005</strong> to 184 in <strong>2004</strong>-<strong>2005</strong>. This increase is due to both VB LAS’s<br />

increased capacity and an improvement in VB LAS’s profile. Our increased staffing levels allow<br />

VB LAS to affect a higher volume of timely and appropriate referrals and statistics demonstrate<br />

that stakeholders such as courts and community legal centres are approaching VB LAS<br />

more regularly for assistance. In the reporting period, 39.8% of inquiries were made through<br />

community legal centres, 8.5% through Victoria Legal Aid and 8.5% through court registries.<br />

ADVOCACY<br />

The staff of VB LAS participate in project, policy and advocacy activities, in addition to day to<br />

day inquiry and referral work. These activities are recognised as a natural adjunct to the client<br />

inquiry and referral work, through which it is possible to identify significant areas of legal need<br />

and ways in which to facilitate the delivery of pro bono services to meet those needs.<br />

VB LAS has contributed to law reform by drafting submissions to Parliamentary Inquiries<br />

on subjects directly relevant to its casework. VB LAS prepared a joint submission in April<br />

<strong>2005</strong> on behalf of the Victorian Bar and PILCH to the Commonwealth Senate Legal and<br />

Constitutional Legislation Committee Inquiry into the Migration Litigation Reform Bill <strong>2005</strong>.<br />

The submission drew on previous submissions prepared by PILCH and the Victorian Bar<br />

in 2003 and <strong>2004</strong> on the various reforms to the Migration Act 1958 (Cth) introduced by the<br />

Government that impact significantly on pro bono practice in this area.<br />

VB LAS also made a submission to the Department of Justice in support of a Homeless<br />

Persons’ Legal Clinic proposal to amend the Equal Opportunity Act 1995 (Vic) to make<br />

discrimination on the basis of homelessness or unemployment unlawful.<br />

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