Complete issue - Legal Aid Queensland

July/August 2005
Legal Aid Queensland
Head Note
Seachange for
young lawyers
How Legal Aid is selling regional
Queensland to the next generation
INSIDE
>> New era for child protection
>> Street smart law for homeless
>> Call for direct debit change answered
>> Legal lifeline for people with an intellectual disability

2
Contents
Cover – Seachange for young lawyers 7
After finding the number of lawyers available to do legal aid
work in regional Queensland was on the decline, Legal Aid
Queensland decided to do something about it by creating the
Regional Solicitor Program.
News 3
• Toowoomba project puts law under the microscope
• May Mooka chosen for national leadership workshop
• Easier access to justice for Caboolture
• Handbook unlocks the law
Legal lifeline for intellectually disabled 6
A new project is working to ensure our legal system does
not fail people with an intellectual disability or a cognitive
impairment.
Law firms’ commitment recognised 12
Law firms from across the state have been recognised for their
commitment to legal aid and disadvantaged clients.
Street smart law for homeless 14
Surviving on the streets is tough enough but imagine not only
having to struggle for basic priorities like food, shelter and
safety, but also negotiating the legal system on your own. Find
out more about a new project working to help Queensland’s
homeless.
Call for direct debit change answered 16
Legal Aid Queensland’s Consumer Protection Unit has
successfully lobbied the Telecommunication Industry
Ombudsman to change its direct debit policy.
Reform signals new era for child protection 17
A year has passed since Queensland’s child protection system
underwent major reform. Catherine Moynihan, Legal Aid
Queensland’s Child Protection Coordinator looks at what
progress has been made.
New standards set for duty lawyers 18
Changes to Queensland’s duty lawyer accreditation program
will ensure legal practitioners are equipped to handle the
challenging role of duty lawyer in Queensland’s Magistrates
Courts and Children’s Courts.
New service for self-representing clients 20
A new family law duty lawyer service is aiming to reduce the
number of people self-representing in the Family and Federal
Magistrates Courts.
Women still living with violence 22
Legal Aid warns thousands of Queensland women still living
with violence.
Keep up with the latest Legal Aid Queensland news online at
www.legalaid.qld.gov.au
>> Head Note July/August 2005
From the
CEO’s desk...
This latest edition of Head Note profiles some of
the new Legal Aid Queensland initiatives shaping and
driving change across Queensland’s justice system.
Our cover story on the Regional Solicitor Program
highlights how we are constantly working to ensure rural
and regional Queensland communities have available
lawyers to undertake legal aid work. It has been nearly
a year since Legal Aid Queensland implemented the
program and 11 new lawyers have launched their
careers in regional law firms across the state. Feedback
from participating firms and lawyers has been extremely
positive and the program is making a real difference in
rural and regional communities.
The work of two Legal Aid Queensland funded
projects that are providing legal help to the
intellectually and mentally disabled is also profiled.
The projects will hopefully find new and workable ways
to ensure appropriate services are provided to these
Queenslanders.
Thanks to increased Commonwealth funding we have
established a family law duty lawyer service in Brisbane
and Townsville Family Courts and Federal Magistrates
Courts. This new initiative aims to reduce the number of
people self-representing in family law matters. We have
included an article on this service outlining how it can
be accessed and the experiences of our new family law
duty lawyers.
We also acknowledge in this issue the hard work and
dedication of the private law firms who take-on legal
aid work. To recognise some of the outstanding private
law firms who undertake legal aid work we created the
Legal Aid Queensland 25th Anniversary Reward and
Recognition Award. A total of 24 law firms throughout
Queensland have received the award. It was extremely
difficult choosing just 24 firms from the 400 firms who
undertake legal aid work.
I would like to use this opportunity to thank all our
partner law firms for their support and constant high
quality of service. They are to be commended. Many
of our partner firms have been undertaking legal aid
work for over 20 years and without them we could
not cope with the demand on our services.
Queensland is fortunate to have so many
community minded law firms dedicated to
ensuring as many people as possible have
access to justice.
I hope you enjoy this edition of Head
Note.
John Hodgins
Chief Executive Officer
Legal Aid Queensland
Head Note produced by Legal Aid Queensland | GPO Box 2449 | Brisbane QLD 4001
Editor Miranda Greer | email: mgreer@legalaid.qld.gov.au | tel: 07 3238 3004
Circulation and distribution 1,500 copies distributed throughout Queensland twice yearly
Cover image courtesy of the Gympie Times

News
At the launch of the Handbook - Scott McDougall, Director Caxton Legal Centre; Justice Kirby; Desiré Oosthuisen, Editor and
Production Coordinator; Michael Hodge, Legal Editor and Barry Cotterell, Management Committee President Caxton Legal Centre.
Handbook
unlocks the law
THE Caxton Legal Centre and dozens of volunteer
lawyers have worked together to create the 8 th edition of
the Queensland Law Handbook.
The Handbook communicates Queensland’s law
simply and clearly for a wide audience - from the legal
profession to everyday people attempting to negotiate
our legal system.
Topics covered include relationships, wills and
estates, children, debts, crime and welfare.
Scott McDougall, Caxton Legal Centre Director said
the hard work of the many volunteer authors made the
Handbook a reality.
“Revising, collating and writing this book is a
mammoth task. It would be impossible without the
expertise and dedication of our volunteer authors,” Mr
McDougall said.
“In the latest edition, 10 staff from Legal Aid
Queensland made valuable contributions.”
The Legal Aid Queensland volunteers include:
Loretta Kreet
Catherine Uhr
Mary-Ann Huth
Nicky Davies
Megan Giles
Simon Cleary
Sue Gannason
Justin Williams
Kylie Anderson
Justin Stevenson
The Handbook has been completely revised and
updated to reflect the many changes to Queensland law
in the past two years.
It is available only from Caxton Legal Centre and
costs $77 (inc GST).
Apart from outlining many areas of law it also
provides hundreds of relevant contact details, including
community organisations, government bodies and
associations.
The Queensland Law Handbook is published every
two years, with all funds going to the Caxton Legal
Centre to help it provide free legal services to the
community.
For further information please contact: Caxton Legal
Centre (07) 3254 1811 or publications@caxton.org.au
>> Head Note July/August 2005
3

News
Mount Isa return
AFTER studying and working in
Brisbane for the past eight years
Kathy Daley is returning to Mount
Isa as a community liaison officer
with the Integrated Indigenous
Strategy Unit.
Before she moved to Brisbane
Ms Daley lived in Mount Isa and
Dajarra for more than 20 years.
Born in the Northern Territory Ms
Daley is an Eastern Dajarra woman
and said she is looking forward to
moving back to Mount Isa.
“I want to be able to put
something back into the
community that nurtured me,” Ms
Daley said.
Ms Daley has a Bachelor of Arts
(Griffith University) and is currently
completing a Master of Arts
(University of Technology Sydney).
Ms Daley is temporarily acting
in the role until the end of August
2005 for Lynette Wilson.
Homecoming for Kathy Daley, Mount
Isa’s new community liaison officer.
Online
Duty Lawyer
Session
Reports
FROM July 1, 2005 Duty Lawyer Session Reports can be
entered via Grants Online.
A web based duty lawyer session report gives
solicitors the chance to enter reports at the court (if
Internet access is available).
Solicitors do not have to complete paper versions
of the duty lawyer session report but must keep
supporting client instruction sheets.
Firms providing tendered duty lawyers services are
still required to supply hard copies of both session
reports and client instruction forms in accordance with
their contract.
For further information please contact John Dean,
coordinator duty lawyer/committals project on
(07) 3238 3461 or jdean@legalaid.qld.gov.au
May Mooka chosen for national leadership workshop
MAY Mooka, a community liaison
officer with Legal Aid Queensland’s
Integrated Indigenous Strategy
Unit has attended a national
Indigenous leadership workshop.
More than 20 Indigenous
coordinators and committee
members from across Australia
– including Katherine; Cairns;
Carnarvon; Port Augusta and
Mildura – have participated in
the accredited program run by the
Australian Indigenous Leadership
Centre, with support from the
National Network for Indigenous
Women’s Legal Services.
The workshop provided
participants with new skills to deal
with family violence in Indigenous
communities.
The program also included
governance, media training,
strategic planning, leadership,
grief, healing, counselling,
mediation, and conflict resolution
in Indigenous communities.
The program aims to provide
support and recognition for people
working at the frontline of their
communities.
4 >> Head Note July/August 2005

News
Toowoomba
project puts
law under the
microscope
BASED in Toowoomba, The Disability Law Project provides
legal help to the mentally disabled in Queensland’s
criminal justice system.
The project, which is funded by Legal Aid Queensland,
started in March 2005 and is coordinated by Dan Toombs.
It is a pilot project involving the cooperation of a range
of stakeholders from Queensland Police to Queensland
Health, Disability Services Queensland and a number of
disability support services in and around Toowoomba.
The project offers a range of services to adults and
children with a mental disability including:
Duty lawyer representation for people suffering
from a mental illness and/or intellectual disability
in all pleas of guilty and some summary trials in
the Toowoomba Magistrates Court.
Representation for children with mental
disabilities who appear before the Toowoomba
Children’s Court.
Representation of patients currently on a forensic
order before the Mental Health Review Tribunal
and/or Mental Health Court.
Advice and support to people with a mental
disability who are victims of crime.
Representation and advice to patients at the
Toowoomba Acute Mental health Unit and the
Baillie Henderson Hospital.
The project has already provided representation for many
mentally ill and disabled people and diverted a significant
proportion of matters to the Mental Health Court.
Dan is currently seeking further funding for the project
which is due to finish in August 2005.
It is hoped the project will become more than just a
one-off service and will develop into a driving force that
reforms the way we provide legal help to Queensland’s
mentally disabled and mentally ill.
For further information Dan can be contacted by
mail: PO Box 594, Toowoomba, 4350
email: danielt@tcls.com.au
tel: (07) 46169700
fax: (07) 46169777
New chairperson of Legal Aid Queensland board
MARGARET O’Donnell has been
appointed as the new chairperson of
the Legal Aid Queensland board.
Ms O’Donnell will replace Brian
Kilmartin who will continue to serve
as a board member.
Ms O’Donnell is the former
Director-General of three Queensland
Government Departments:
Equity and Fair Trading, Aboriginal
and Torres Strait Islander Policy and
Development and Arts.
She was Victoria’s first Legal
Ombudsman and established
and ran the alternative dispute
resolution division in the Queensland
Department of Attorney-
General and Justice.
She is now a consultant to and
chair of the Australian Festival of
Chamber Music.
Two new board members, Vincent
Knauth and Iyla Davies, have also
been appointed.
Mr Knauth is a chartered
accountant with over 30 years
experience. Ms Davies is a senior
lecturer with the Queensland
University of Technology’s Faculty of
Law.
>> Head Note July/August 2005
5

News
Easier access to justice for
Caboolture
CABOOLTURE residents now have easier access
to justice thanks to Legal Aid Queensland’s new
Caboolture office.
Opened April 13, 2005 by Attorney-General
and Minister for Justice Rod Welford, the office is
conveniently located on the Ground Floor, Suite 7,
Kingsgate Centre, 42 King Street, Caboolture.
“Our Government is committed to ensuring that
Queenslanders have access to legal services, no matter
where they live,” Mr Welford said.
“The location of this new office was chosen by Legal
Aid Queensland because it is close to public transport,
the courts and offers ample off-street parking.
“I am sure it will enhance the popularity of the
service being provided in Caboolture.
“In the last financial year, Caboolture residents
received nearly 3,972 free legal advice sessions and
there were 1,930 applications for legal aid, with nearly
80% approved.”
Legal Aid Caboolture offers a diverse range of
services – from duty lawyers at the local courts through
to outreach services for neighbouring communities.
For those people who can’t make it into the office,
they should use Legal Aid’s telephone advice service
which offers free legal information and advice by calling
1300 65 11 88.
John Hodgins, CEO Legal Aid Queensland; Brian Kilmartin,
Chairperson, Legal Aid Queensland Board and Hon Rod
Welford, Minister for Justice and Attorney-General at the
launch of the new Caboolture office.
Greater
online
access for
Barristers
BARRISTERS can now access Legal Aid’s Grants
Online website to process accounts electronically.
The first step for lodging proforma invoices
electronically involves the briefing firm
electronically redirecting the invoice to the
barrister.
Barristers can then log in to locate the invoice
and then submit it electronically.
Grants Online also offers a number of other
Legal Aid resources including:
• Comparable Sentence Database
• Continuing Legal Education papers
• Court lists
• Crime On-line
• Criminal Injuries Compensation Database
• Criminal Judgments Database
• Family Law Notes
• Legal Advice Tool Kit
• Legal Information Database
• On-line Precedent Documents.
• Legislation Updates
• List of preferred suppliers and child
representatives
• Library catalogue
• Grants Handbook including Legal Aid scale
of fees
The website also includes a number of
publications such as Head Note magazine, selfhelp
kits, Legal Aid Queensland’s Annual Report,
factsheets and the Legal Aid Queensland policy
manual.
Grants Online is a secure website. If you are a
barrister who does legal aid work and you would
like access please contact Legal Aid and you
will be provided with a unique user name and
password.
Legal Aid hopes to soon extend the website’s
functionality to enable barristers to also enter duty
lawyer report sessions.
Barristers who would like to know more about
Grants Online should contact Brett Newsome,
e-commerce program manager (07) 3238 3362.
6 >> Head Note July/August 2005

New project offers legal lifeline
for people with an intellectual disability
A NEW project is working to ensure our legal system
does not fail people with an intellectual disability or a
cognitive impairment.
Responding to the Legal Needs of Women with an
Intellectual Disability or Cognitive Impairment Project
aims to not only identify the legal needs and issues
for adults with an intellectual disability or cognitive
impairment but also find ways to ensure appropriate
services are provided to these Queenslanders.
The project will look at the needs of adults with
an intellectual disability or cognitive impairment and
will also have a focus on women with an intellectual
disability or cognitive impairment and their experiences
with the justice system.
Implemented by a multi-departmental team lead by
Legal Aid Queensland in collaboration with Disability
Services Queensland, Department of Corrective
Services, Office for Women (Department of Local
Government, Planning, Sport and Recreation), and the
Department of Justice and Attorney-General the project
will run for six months and will be completed by January
2006.
Women’s Legal Aid Coordinator Tracey de Simone,
and chair of the project’s steering group, said research
suggests that women with an intellectual disability or
cognitive impairment are more likely to become victims
of crime and less likely to seek legal assistance.
“Our legal system often leaves people intimidated
and confused so you can imagine how these feelings
are multiplied for people with an intellectual disability
who are forced to negotiate our justice system by
themselves,” Ms de Simone said.
“All five organisations involved are really behind this
project. We do not want to see some of Queensland’s
most vulnerable as nameless, faceless victims who have
fallen through the cracks in the system.”
Ms de Simone said the project will also develop a
screening tool that organisations can use to identify
individuals who may have an intellectual disability or
cognitive impairment.
“It is crucial that organisations are equipped with
resources they can use to identify individuals who need
specialist help.
“I believe a key element to the project’s long term
success will be helping organisations to provide
appropriate information and responses.”
The project team will also track the pathways
between the justice system departments and agencies
who respond to people with intellectual disabilities or
cognitive impairments with a view to streamlining those
processes.
Robert Bleakley, senior research officer; Associate Professor Susan
Hayes, project consultant; Raquel Aldunate, social worker, Women’s
Legal Aid; Tracey de Simone, coordinator, Women’s Legal Aid and
John Hodgins, Legal Aid Queensland CEO.
“We want to make sure people aren’t getting lost in
the system or coming up against a dead end and then
giving up,” Ms de Simone said.
A steering committee made up of representatives of
the government organisations involved in the project
and convened by Legal Aid Queensland will manage the
project.
Associate Professor Susan Hayes, a clinical and
forensic psychologist and head of the Centre for
Behavioural Sciences, Sydney University, is the primary
consultant to the project.
Robert Bleakley, a social worker and criminologist, is
the senior researcher for the project.
Professor Hayes has pioneered research about how
the justice system responds to people with intellectual
disabilities or cognitive impairments and she is
currently working with Her Majesty’s Prison in Liverpool,
United Kingdom, screening prisoners for intellectual
disabilities when they arrive at the facility.
Mr Bleakley has extensive experience in the area
of criminal justice as the Director of Community
Corrections (Qld) and Commissioner (part-time) of the
Criminal Justice Commission (Qld).
Anyone who would like further information about the
project can contact Tracey de Simone on
phone: (07) 3238 3388 or
email: tdesimon@legalaid.qld.gov.au
>> Head Note July/August 2005
7

Seachange for
After finding the number of lawyers
available to do legal aid work in
regional Queensland was on the
decline, Legal Aid Queensland decided
to do something about it by creating the
Regional Solicitor Program.
A YEAR on and the program has
successfully convinced 11 new
lawyers to launch their careers in
regional law firms from Innisfail to
Mount Isa to Charleville.
According to Legal Aid
Queensland’s CEO John Hodgins,
the Regional Solicitor Program
makes rural and regional locations
an attractive option for lawyers,
offering them competitive salary
rates and a challenging work
environment.
“I think part of the reason why
we have been successful in getting
people to live and work in regional
Queensland is because we have
actually worked hard to market the
lifestyle benefits on offer as well,”
Mr Hodgins said.
8 >> Head Note July/August 2005

Innisfail - now home to the first lawyer to head north under the program
young lawyers
For Steve Pemberton, the
first lawyer to head to far north
Queensland under the program,
the chance to live on the beach
and have a five minute commute to
work was an added bonus.
“
I also like the fact I
work in an environment
where everyone isn’t
solely focused on making
money but is also
interested in serving the
local community.
”
Mr Pemberton, who began his
legal career in February this year
with Innisfail firm Vandeleur and
Todd, said working at the firm has
provided him with more experience
than most newly admitted lawyers
in larger firms, especially in terms
of court appearances and direct
contact with clients.
“Although you are expected to
handle files with little assistance,
you have easy access to senior
staff who are happy to help
whenever you ask. It’s a good mix
of responsibility and guidance,” he
said.
“I also like the fact I work in an
environment where everyone isn’t
solely focused on making money
but is also interested in serving the
local community.”
Mr Hodgins said Legal Aid was
one of many professional service
providers finding it tough to attract
staff to regional Queensland. >>
Steve Pemberton, who has headed
north under the Regional Solicitor
Program to work with Innisfail firm
Vandeleur and Todd.
>> Head Note July/August 2005
9

“A major concern is whether
there are going to be enough
professional service providers in
regional Queensland in the coming
years to meet demand… and this
goes across the board from doctors
to dentists to physiotherapists to
lawyers.
“As Australia’s population ages,
Legal Aid is also finding that there
is a trend towards older lawyers
being the primary providers of
legal aid services.
“We decided this was an
issue we needed to tackle
aggressively if we were to continue
providing quality legal services to
disadvantaged members of our
community into the future.”
The program works by placing a
lawyer with a regional private law
firm. The standard agreement sees
Legal Aid Queensland paying the
lawyer’s practical legal training
course fee and 75 percent of their
wage, while the placement firm
meets the other 25 percent.
The average expected
breakdown is 75 per cent legal aid
work and 25 per cent firm based
work.
“The lawyer’s primary focus is
on handling their firm’s legal aid
cases under the supervision and
guidance of their placement firm,”
Mr Hodgins said.
“So far, this arrangement seems
to be working well for the firms,
the lawyers and Legal Aid.”
Raelene Ellis and Simon Whaites, two young lawyers who are now working in Gympie under the
Regional Solicitor Program.
“
I think I am getting
a cross section of
experience that I might
not be able to get in
a large city firm so early
in my career.
”
Simon Whaites and Raelene
Ellis who are based in Gympie
under the program also offer
positive feedback about their
experiences so far.
Mr Whaites, who is working as
a lawyer with Jeffrey Cuddihy &
Joyce, said the program had given
him the chance to work on a broad
range of files and projects, gaining
invaluable experience.
“I have the opportunity to work
on everything from family law to
commercial and criminal law files,”
he said.
“I think I am getting a cross
section of experience that I might
not be able to get in a large city
firm so early in my career.”
Ms Ellis, who is now a lawyer
with Baldwins Lawyers, agreed that
the hands on experience from the
word go was a major benefit.
“I like the fact I’m providing
legal help to people who couldn’t
otherwise afford it and making a
difference in the local community,”
she said.
Both lawyers said they were
enjoying Gympie’s community
spirit and lifestyle benefits.
“Gympie is such a pretty town
with a great community spirit…
it’s great living so close to Noosa,
Rainbow Beach and Brisbane,” Mr
Whaites said.
Ms Ellis said she found it
refreshing that everyone she
dealt with, from clients and other
lawyers, through to the police
prosecutors were friendly, downto-earth
and happy to help out
where possible.
10 >> Head Note July/August 2005

The lawyers who
have made regional
Queensland their
first choice under
the program
Steve Pemberton,
Vandeleur & Todd
Rhiannon Prescott, Hinschen Lawyers
Jayne Cox,
LA Evans
Fiona Manderson, MS Kelly
Raymond Yip,
Bill Cooper & Associates
Robert Nauta,
John Williams & Co
Sue Johnson,
Frank Jongkind & Co
Raelene Ellis,
Baldwins
Kenneth Barr,
Charltons
Simon Whaites, Jeffrey Cuddihy & Joyce
Leon Filewood,
Shannon Donaldson
Province Lawyers
>> Head Note July/August 2005
11

Law firms’
commitment
to legal aid
recognised
Awarded for excellence... (left to right) John Hodgins, Legal Aid Queensland CEO; Laurie Watling, Watling Fowler Solicitors; Rhonda Sheehy,
Rhonda Sheehy & Associates; Peter Wallace, Wallace Davies; Hon Rod Welford, Minister for Justice and Attorney-General; Ross Beer, Grants
Manager, Legal Aid Queensland.
12 >> Head Note July/August 2005

And the winners are...
Brisbane
Patrick Murphy
Emmerson Black
Terry Fisher & Company
Ryan & Bosscher
Russo Lawyers
Bundaberg
• Warren Highland
Caboolture
Watling Fowler Solicitors
Rhonda Sheehy & Associates
Cairns
• Wettenhall Silva
Warren Highland receives his award from Jan Kingston, senior
solicitor at Legal Aid Queensland’s Bundaberg office.
LAW firms from across the state have been recognised
for their commitment to legal aid and disadvantaged
clients by Legal Aid Queensland.
The Legal Aid Queensland 25 th Anniversary Reward
and Recognition Award was created to recognise some
of the outstanding 400 private law firms in Queensland
who take-on legal aid work.
The award will be presented to 24 private law firms
located throughout Queensland.
Legal Aid Queensland CEO John Hodgins said he
hoped the award reinforced the vital role private lawyers
played in the legal aid system.
“Private solicitors around our state who take-on legal
aid cases handle more than 70 percent of all legal aid
work,” Mr Hodgins said.
“Without their ongoing support and dedication, Legal
Aid Queensland would not be able to cope with the
demand on our services.”
To receive an award, firms had to not only undertake
legal aid work at a consistently high level of service, but
show a respect and understanding for disadvantaged
clients.
Mr Hodgins said Queenslanders were fortunate to
have so many community minded law firms dedicated
to ensuring as many people as possible have access to
justice.
“A large number of the 24 award recipients have
been undertaking legal aid work for more than 20
years,” he said.
“The number of people who the 24 law firms have
provided legal help to must number in the tens of
thousands.
“I’d like to extend my thanks to every single one of
those firms for providing so many Queenslanders over
the years with a legal lifeline.”
Ipswich
• Don McMillan
Longreach
PW Skewes & Dempster (Longreach)
Mackay
Bill Cooper & Associates
Beckey Knight & Elliott
Maroochydore
• John McDonald
Mount Isa
LA Evans Solicitor
Proserpine
Hinschen Lawyers
Redcliffe
Wallace Davies
Rockhampton
• Michael Stockall
Roma
• L Reed & Associates
Southport
• Sabben’s Lawyers
Toowoomba
John Davies & Co
Townsville
• Savage & Stout
• Bevan & Griffin
Woodridge
• DJ Allard & Associates
>> Head Note July/August 2005
13

Street smart
law for homeless
Surviving on the streets is tough
enough but imagine not only
having to struggle for basic
priorities like food, shelter and
safety, but also negotiating the
legal system on your own.
OVER the last six months a Legal Aid Queensland
project has addressed this issue and asked how we can
help homeless people who find themselves in court.
Now in its final stages the Homelessness and
Street Offences Project has provided representation
to homeless people in Brisbane’s Magistrates Courts,
researched what offences homeless people are charged
with and how they are dealt with by the courts.
For the purposes of the project “homeless” includes:
• living on the streets, in a car or in a squat
• staying in crisis/emergency accommodation
• living in a hostel
• living temporarily with friends/family (“couch
surfing”)
• living in a boarding house
14 >> Head Note July/August 2005

One of the project’s aims was to look at how we can
prevent criminalising homeless people charged with
minor offences as a result of their anti-social behaviour.
The project will soon finish and has provided
representation to 60 homeless people in the Brisbane
Magistrates Courts.
So far, a number of trends have emerged, including
the fact about 70 percent of homeless clients have
mental health issues.
Lex Weddell, project manager and Legal Aid
Queensland solicitor, believes much of the anti-social
behaviour exhibited by his clients was a result of their
impaired decision making capabilities – something he
says is evident before they are arrested.
The Homelessness and Street
Offences Project provides
representation to homeless
people in Brisbane’s Magistrates
Courts, researches what offences
homeless people are charged with
and how they are dealt with by the
courts.
“For example one of my clients lived in a boarding
house and had a history of hospital admissions due to
psychotic incidents.
“When he came to see me he had been arrested
several times that week for continuing to go to his
boarding house, where he was not welcome.
“He was concerned about his mental health so he
went to the hospital seeking admission.
“Hospital staff refused his request and called the
police when he wouldn’t leave. He was arrested, held
in the watchhouse and charged with being a public
nuisance.
“We managed to obtain a psychiatric report which
disclosed a legal defence and his case is currently
pending in the Mental Health Court. I’m happy to say
he has also found appropriate accommodation and
treatment.”
The project has found there is a significant ‘failure
to appear’ rate among homeless people due to come
before a Magistrate.
“This is usually because the homeless person
prioritises finding food and shelter and staying safe
above having to appear in court,” Mr Weddell said.
According to Mr Weddell the project has highlighted
the importance of understanding the realities
of homelessness and adapting our legal system
accordingly.
“The stories of clients charged with minor offences
after sleeping rough… demonstrates the way our legal
system deals with homeless people needs reform,” he
said.
“One couple were charged with trespass after being
found sleeping in a fire exit stairwell in an inner city
building. They had nowhere else to stay.
“A very similar case involved a young girl forced to
sleep in a doorway. The police were called and she tried
to run away. She was charged with public nuisance and
obstructing police.
“We are currently negotiating with the police to drop
all charges in both cases.”
According to Mr Weddell there are a number
of likely recommendations that will eventually be
communicated in a report. The report will also analyse
the data collected and outline the overall experience of
defendants.
One recommendation involves the courts considering
alternative sentencing options to simple fines.
“For a homeless person a $200 fine might as well be
$200,000,” Mr Weddell said.
“There is no way they are going to be able to pay it
back.
“This sets off a chain reaction of events that sees
homeless people criminalised again and again and it is
not productive for the homeless, the community or our
legal system.”
Mr Weddell also hopes a special circumstances list
for defendants with special needs will be created.
“Homeless people bought before the court on minor
charges would be candidates for this list,” he said.
Mr Weddell said throughout the project he had
been encouraged by the good will displayed across
government and the community sector towards working
together to try and prevent criminalising homeless
people.
>> Head Note July/August 2005
15

Call for direct debit change
answered
Legal Aid Queensland’s Consumer Protection Unit has successfully
lobbied the Telecommunication Industry Ombudsman to change its
direct debit policy.
Consumer Protection Unit solicitor Loretta Kreet explains.
THE Consumer Protection Unit began
the fight for change when a client
came to us for help after trying
to verbally cancel a direct debit
authority.
The client had entered
into a verbal contract for
telecommunications services and
provided verbal authority to pay the
monthly account by direct debit.
Direct debits were made from the
client’s bank account a few days after
the telephone account was issued in
accordance with the telco’s standard
terms and conditions.
At the time of entering the
contract, the client advised the telco
that withdrawals from her bank
account should only take place on a
nominated week day as she received
a fixed income and could not guarantee sufficient funds
in the bank account if withdrawals were made on a
different day.
The agreement about the contract was recorded but
no record was kept about the restricted authorisation to
direct debit her bank account.
As a result the telco accessed the client’s account on
days other than those nominated and the account was
overdrawn resulting in substantial dishonour fees.
When the client discovered the telco was overdrawing
her account she asked them to stop accessing her bank
account but they ignored her.
So what happened next? The telco acknowledged
they had received instructions to stop accessing the
client’s account but relied on the following standard
terms and conditions:
1. that the client provide notice of cancellation of
direct debit authority to the service provider
2. that the direct debit authority remained in
operation until revoked in writing
After the client came to us for
help we made a complaint to the
Telecommunications Industry
Ombudsman (TIO) arguing the
cancellation provision for direct debit
authorities was unfair for a number
of reasons.
One of the arguments put forward
is that we believe consumers have
an expectation they can cancel
the direct debit request over the
phone, given that their entry into the
contract and the authority to directly
debit their bank account is given
verbally.
Customers are also given the
impression that a direct debit
authority can be set up immediately
Loretta Kreet which is at odds with the restriction
on the immediacy of the effect of any
cancellation in writing.
When you consider consumers have no input (and
are unable to negotiate positive consumer protection
mechanisms) into the Australian Payment Clearing
Association and the associated BECS procedure, a
term of a contract that gives them more unfavourable
treatment than a contractual term between their telco
and its own bank is unreasonable.
After considering our arguments the TIO has recently
produced a new position statement.
The TIO now takes the view that it would not be
reasonable for a service provider to require written
notice from a customer to cancel a direct debit authority
- if the direct debit authority was negotiated orally in the
first place. They also state differences may apply if the
direct debit authority is for a credit card account.
You can find more information about canceling direct
debit authorities at the websites of the Banking &
Financial Services Ombudsman [www.abio.org.au] and
Telecommunications Industry Ombudsman
[www.tio.com.au]
16 >> Head Note July/August 2005

Reform signals new era for
child protection
A year has passed since Queensland’s child protection system
underwent major reform.
Catherine Moynihan, Legal Aid Queensland’s Child Protection
coordinator looks at what progress has been made.
AFTER conducting Protecting Children: An inquiry
into Abuse of Children in Foster Care the Crime and
Misconduct Commission released a subsequent report
in January 2004.
The report set out 110 recommendations which aimed
to overhaul the existing child protection and foster care
systems.
In March 2004 the government released
a blueprint that outlined how all 110 CMC
recommendations were to be actioned.
In the wake of the inquiry extensive legislative
reform has culminated in the Child Safety Legislation
Amendment Act (Stage One) and Child Safety
Legislation Amendment Act (Stage Two).
Both acts have almost entirely commenced operation
and A Child Safety Legislation Amendment Bill (Stage
Three) is being developed and introduced.
Probably the most significant reform post-inquiry has
been the formation of the Department of Child Safety,
which now has sole responsibility for dealing with
children who need protection.
The new department has adopted significant policy
changes and developed new ways to perform its role
and deals with its clients.
The ultimate aim is to make the department more
open, accountable and transparent in its decision
making, and more importantly, effective in protecting
children from harm.
But what does this legislative and policy reform
process mean for practitioners acting for parents in
child protection proceedings or lawyers acting as
separate representatives?
Legal Aid’s Child Protection Unit is currently undertaking
a review of the legislative and policy reforms.
We have been trying to provide information and
training on the recent changes to our own staff and
external stakeholders.
In the first half of this year the unit has been in high
demand delivering training to:
• the new court coordinators in the Department of
Child Safety
• Legal Aid’s customer service centre and Grants
division
• Legal Aid’s general advice, family and criminal
lawyers
• community legal centres
• prisons
• community access points
• Indigenous stakeholders, and
• community agencies such as Boystown.
We will also be conducting a comprehensive review
of the child protection resources currently available to
ensure that they reflect the changes.
Establishing clear communication channels within
legal aid about child protection is one of the unit’s key
priorities.
We have also been sending regular updates to our
Brisbane and regional offices about any developments
as well as handy hints to help those who practice in
child protection.
Regular meetings with the Director of Child Safety
in the Department of Justice and Attorney-General
about Legal Aid’s role in service provision for children
in care are ensuring the unit remains aware of reform
development and how to meed the demands of our
clients and stakeholders.
>> Head Note July/August 2005
17

New standards set for
duty lawyers
CHANGES to Queensland’s duty lawyer
accreditation program will ensure
legal practitioners are equipped to
handle the challenging role of duty
lawyer in Queensland’s Magistrates
Courts and Children’s Courts.
Legal Aid Queensland began the
new accreditation program in February
2005.
Legal Aid Queensland CEO John
Hodgins said the accreditation
program had been reviewed and
updated to ensure legal practitioners
are equipped to take on the
challenging role of duty lawyer before
hitting the court room.
“Practitioners must now have a
minimum six months post admission
experience in general criminal law,”
Mr Hodgins said.
“ We believe that the role of
duty lawyer is one of the most
challenging in the justice
system...”
– John Hodgins
“As part of the new accreditation process solicitors
will also have to act as a duty lawyer in both the
Magistrates and Children’s Court under the supervision
of an accredited duty lawyer.
“We believe that the role of duty lawyer is one of
the most challenging in the justice system, so we’ve
made accreditation a more in-depth process to equip
practitioners with the skills they need to confidently
handle the duty lawyer job.”
Legal Aid Queensland has also
revised and updated the Duty Lawyer
Handbook and Duty Lawyer Training
DVD.
The Duty Lawyer Handbook and
DVD were launched in April 2005 by
Judge Irwin, Chief Magistrate.
Judge Irwin praised the Handbook
and DVD for providing new duty
lawyers with invaluable practical
guidance.
According to Mr Hodgins the
resources were developed to guide
new practitioners through what can
first seem like a maze of matters and
issues.
“For example one of the key aims
of the DVD is to ensure new duty
lawyers start out on an equal footing
when it came to understanding the major practical
challenges a duty lawyer encounters day-to-day such as
how to handle your time, communicate effectively and
manage your clients’ expectations,” Mr Hodgins said.
Both resources reflect Legal Aid’s commitment
to ensuring duty lawyer services in Queensland are
provided at a consistently high standard.
The Handbook (inserts and folder) can be purchased
from Legal Aid for $150 (inc GST). Alternatively
practitioners can just purchase the insert for $130 (inc
GST).
The Duty Lawyer Training DVD is available free of
charge. Both the Handbook and DVD can be ordered by
emailing dutylawyer@legalaid.qld.gov.au
Back row left to right: Olly Isaac, Court Senior, Brisbane Childrens
Court Cells; David Kolbe, legal officer, LAQ; Judge Irwin, Chief
Magistrate; and Senior Seargent Michael Ede.
Front row left to right: Luther Isaac; Tim Greer, LAQ; Renae Kirk, legal
officer, LAQ; Ryan Early, Reflected Image Productions; and Marco
Regano, Youth Justice Officer, Department of Communities.
18 >> Head Note July/August 2005

Duty Lawyer – fact file
Duty lawyers are based in Magistrates and Children’s Court.
Duty lawyer services are provided by Legal Aid Queensland and private solicitors.
Each year more than 55,000 adults and children are represented by duty lawyers.
Legal Aid Queensland is responsible for duty lawyer accreditation in Queensland.
Duty lawyers based in the Magistrates Court can:
o provide free legal advice
o advise you if your charges can be dealt with by the Magistrates Court
o speak for you in court if you do not want to represent yourself
o ask for a remand or adjournment
o apply for bail
o help you with pleas of guilty for most offences where you are not at risk of jail
o help you with pleas of not guilty by entering the plea and setting the matter down for a hearing
Duty lawyers based in the Magistrates Court cannot appear for you on:
o drink driving charges unless there is a risk of you going to prison
o minor traffic offences unless there is a risk of you going to prison
At the Duty Lawyer DVD and Handbook launch (from left to right): David Kolbe, legal officer, LAQ; Andrew Kennedy, Committals/Duty Lawyer,
coordinator, LAQ; Hon Rod Welford, Minister for Justice and Attorney-General; Judge Irwin, Chief Magistrate; Michael Moloney, Southport
senior solicitor, LAQ; Brian Kilmartin, Chair, Legal Aid Queensland board and Graham Quinlivan, Legal Practice Manager, LAQ.
>> Head Note July/August 2005
19

New service for
self-representing
family law clients
Brisbane family law duty lawyers – Diana Falcomer, Margaret Voight, Suellan Walker-Munro
A NEW family law duty lawyer
service is aiming to reduce the
number of people self-representing
in the Family and Federal
Magistrates Courts.
The Legal Aid Queensland
service operates out of the
Brisbane and Townsville Family
Court and Federal Magistrates
Courts.
Legal Aid Queensland’s family
law senior legal consultant Nicky
Davies said the program aimed to
address some of the problems of
self-representation in the Family
and Federal Magistrates Courts.
“This means it will work towards
easing some of the flow-on effects
of self-representation like delays
to the court because documents
have not been filled-out or filed
correctly, or people needing
adjournments to seek legal
advice,” Ms Davies said.
Family law duty lawyer
coordinator Suellan Walker-Munro
warned clients needed to be
realistic about exactly what help
the service can offer.
“People need to realise the
family law duty lawyers can only
provide basic legal help,” Ms
Walker-Munro said.
“The duty lawyer service can
do things like provide free legal
information and advice, assist in
filling out some forms and other
documents needed for a person’s
appearance in court that day and
talk to people about their eligibility
for ongoing support from Legal Aid.
20 >> Head Note July/August 2005

“The service is really aimed at
people who turn up for court for a
session that day who have been
unable to receive any information
or advice from a lawyer.
“We will try to help these people
get through their day in court and
give them the information they
need to better prepare for later
court dates.
“In some circumstances, we
can represent the person in court
that day, but this is generally for
adjournments, short procedural
mentions or brief negotiations
about consent orders for children.
“The duty lawyers will not be
able to take on contested hearings
“ Our advice to people who have to appear
before the Family Court or Federal Magistrates
Court is to get legal advice before you go.”
and do things like represent
people in a family law trial.”
Ms Walker-Munro said three
full-time family law solicitors and a
client service officer were currently
operating in Brisbane’s Family
Court, while another solicitor had
been posted to the Townsville
Court Registry.
“Our advice to people who have
to appear before the Family Court
or Federal Magistrates Court is to
get legal advice before you go.
“I know it sounds obvious
but arriving at court unprepared
without speaking to a solicitor is
only going to reduce your chances
of a satisfactory resolution.
“I can’t stress enough how
important it is to get advice before
turning up at court… our duty
lawyer service will go some of the
way to helping people get through
that day before the court, but
cannot replace the very important
assistance a lawyer can provide in
the days and weeks leading up to a
court date.”
Family law duty lawyer – fact file
The family law duty lawyer service is funded by the Commonwealth Government.
If a conflict of interest arises the duty lawyers will try to arrange for a client to be advised by a private
solicitor.
The duty lawyer service welcomes referrals from community legal centres and other community organisations
such as domestic violence service providers.
To find out more about the service please contact Legal Aid Queensland on 1300 65 11 88.
>> Head Note July/August 2005
21

Legal Aid warns
thousands of women
still living with
violence
22 >> Head Note July/August 2005

“ Everyone needs to understand that domestic violence is wrong.
The law says it is wrong. The community says it is wrong.”
– Tracey de Simone,
Women’s Legal Aid coordinator
LEGAL Aid Queensland has warned that thousands of
Queensland women are still living with domestic and
family violence, without knowing where to turn for help.
Women’s Legal Aid coordinator Tracey de Simone
said in the last 12 months Legal Aid Queensland
provided legal advice on domestic violence and family
violence issues to nearly 2,300 women.
“Our advice figures clearly show that thousands of
Queensland women continue to live with violence,” Ms
de Simone said.
“What I think also needs to be put into perspective
is that our figures only represent the women who have
actually come to us for help.
“There are many more who suffer in silence…often
women don’t know where to turn to for help or think
that no one will believe them or they’re simply too
afraid to speak out.
“Everyone needs to understand that domestic
violence is wrong. The law says it is wrong. The
community says it is wrong.”
Ms de Simone said she wanted to remind
Queensland women who live with domestic and family
violence that a free legal lifeline is available from Legal
Aid.
“Legal Aid Queensland provides free legal advice,
which can be accessed no matter where you live, by
calling 1300 65 11 88 for the cost of a local call,” she
said.
“We also have a Domestic Violence Unit made up of a
team of specialist lawyers who are entirely dedicated to
helping people escape domestic violence.”
Ms de Simone said Queensland’s domestic and
family violence legislation protected people not just
in spousal relationships, but also those in intimate
personal or dating relationships, and family or informal
care relationships.
“It means if you are in any of these types of
relationships and you are a victim of violence or abuse,
you can take out a domestic violence order,” she said.
“It doesn’t matter how old you are, who you are or
what you do, violence should not be tolerated.
“Our message to Queensland women is that they
don’t have to live with abuse or violence, there is
assistance available to help them break free from the
cycle of violence and reclaim their lives.”
Focus on young women
As a court support worker with the Women’s Domestic
Violence Court Assistance Service, Sonya Watson
helps many young women to recognise the warning
signs of unhealthy relationships and increase their
safety. She explains why young women often fail to
see the warning signs and how they can access help.
The number of young women aged between 12 and
24 years who access our services is about 20 percent
of the total number of women we support.
We often find that young women enter unhealthy
relationships without realising their partner is
displaying violent and controlling behaviour.
Worryingly many young women minimise their
partner’s controlling behaviour, and believe that
unless their partner physically harms them, they are
not in an abusive relationship.
Over recent months the Women’s Domestic
Violence Court Assistance Service has started a
campaign across Brisbane high schools to increase
young women’s awareness of healthy dating
relationships and how they can access help if they
are experiencing dating violence.
Quite a few students are always shocked when
we explain that damage to property, or threats to
damage property, is defined as domestic violence
under the legislation.
What we often find is that peer pressure, a desire
to be independent of their parents and a partner’s
social abuse tactics may all be factors that contribute
to isolating a young person from accessing avenues
of support for the violence they are experiencing.
The message we try to get out to as many young
women as possible is… if they are in an intimate
relationship, regardless of their age, there is
legislation that provides protection against the
violence they are suffering.
It is important for young women to realise
that violence, particularly emotional abuse in a
relationship should not be tolerated.
We encourage young women to tell someone they
trust about the violence, whether it be a friend, family
member or worker in a support service.
>> Head Note July/August 2005 23