Annual Report 11-12 - Fitzroy Legal Service

FLS
REPORTFY11-12
r
DAnnually d
One Million Visits
We were delighted to
celebrate the one millionth
visit to the Law Handbook
Online website on 12
February 2012, with the
launch of a new front
window street sign.
The celebration was attended by
the President of the ACTU, Ged
Kearney and the Mayor of City of
Yarra, Geoff Barbour and Councillor
Amanda Stone. The Federation
of Community Legal Centres was
represented by Hugh de Kretser
and Claudia Fatone. As special
guest speaker Ms Kearney stated
eloquently “Congratulations to all
the staff and volunteers who have
helped make the Law Handbook
Online a success. It is important
that people have resources available
early to help them deal with legal
issues. Small problems can easily
become large problems without legal
information. The Law Handbook
Online helps prevent legal problems
escalating. I am proud to help celebrate
its achievement to date.”
Above: The FLS team, including
staff and volunteers, with
some of our best friends and
supporters.
Left: Publications Team from
left to right: Fabiola Superina,
Cathy Beadnell, Sarah Zadeh,
Lea Croyden, Tuvan Vuong
Right: Geoff Barbour, Mayor -
City of Yarra, Vas Eliadis, FLS
Convenor, Sue Ball, Legal Services
Board, Ged Kearney, President of
the ACTU
Convenor’s Report 2
Most wanted 2
FLS Charter 2
Statistics 2011-12 2
Unpaid help & Salaried staff 2
Executive Officer’s Report 3
Six snapshots over six years 3
Volunteer Coordinator’s
Report 4
Treasurer’s Report 5
Financial Reports 6
Thank you! 8
Practice Report 9
Publications Report 10
SAT Report 12
Fight won to keep law handbook
online, but it’s not over
Vince Chadwick,
Published: The AGE, December 5,
2011 - 3:00AM
THE State Government will today
reveal plans to continue funding a
free community legal website used
by almost 1 million Victorians, ending
months of uncertainty.
The Law Handbook was first published
in 1977 as a plain-language
guide to common legal problems.
In 2009, Fitzroy Legal Service
obtained a grant from the Legal
Services Board to put the handbook
online, where it has attracted more
than 800,000 visitors.
President of the Law Institute of
Victoria Caroline Counsel said the
handbook had been one of the most
useful guides to the Victorian legal
system.
At a meeting last week the
government said it wanted Fitzroy
Legal Service to consider a userpays
model for the service before
it renewed funding that was due to
expire in February 2012.
Suggestions included a pay-wall,
where a certain amount of information
was given free with valueadded
content made available only
to paying customers.
By then, Fitzroy Legal Service
had begun a letter-writing campaign,
and 635 people signed an
online petition to Victorian Attorney-General
Robert Clark.
Ms Counsel said ‘’where a userpays
system prevents access to
justice, it is not a good system’’.
Mr Clark will commit $110,000
to keep the site updated until June
30, 2012, ‘’so that other revenue
and service delivery options can be
explored’’.
‘’This online resource is a great
way for people to obtain the information
they need to help solve their
legal problems, while also reducing
the burden on legal assistance
services,’’ Mr Clark said.
One of the reasons given by the
Department of Justice for discontinuing
its own Legal Online website
in August this year was duplication
with the Law Handbook. Online
updates editor Fabiola Superina
said Fitzroy Legal Service was
delighted with the decision, though
she said “our very strong preference
is to keep it as a free service for all
Victorians’’.
The website requires $200,000
each year to operate concurrently
with the print publication.
Spokesman James Copsey said the
department was happy to look at
all options before June 30 to find a
sustainable business model for the
handbook.
This story was found at: http://
www.theage.com.au/victoria/fightwon-to-keep-law-handbook-onlinebut-its-not-over-20111204-1odjb.html
1

2
Convenor’s Report
Vas Eliades – Convenor, FLS
FLS is in its 40th year this year.
It is an iconic community legal service
in Melbourne, and has for 40
years delivered a range of services
to its constituents. It has also been
instrumental in law reform, at the
leading edge of outreach social action
and delivered on-line and print
resources, which aid access to legal
information.
Here are some of the main events
of the 2011-2012 year:
• In February, the Law Handbook
Online had its one-millionth
visit to the site. The occasion was
celebrated at an event attended by
Ged Kearney, President ACTU,
and Cr Geoff Barbour, Mayor
City of Yarra, and a number of
friends from the legal sector and
our staff and volunteers.
• The Activist Rights website was
redeveloped and launched at
RMIT together with the RMIT
Human Rights Department. The
event was attended by 100 people
and was a great success.
• The Criminal Records Discrimination
in Employment film, made
by Melbourne University students
and facilitated by Fitzroy Legal
Service, was launched in April
at the Loop Bar. The evening
included a number of presentations
from prominent community
members as well as two screenings
of the short film due to the
large turnout.
• We supported the Occupy Melbourne
participants with legal
advice, media support and representation.
Meghan Fitzgerald
did an amazing job securing and
coordinating pro bono advice and
Most wanted
......Services offered......
Day Legal Advice and
Casework Service
Monday to Friday from 9.00 am
to 5.00 pm. BY APPOINTMENT
ONLY.
Night Legal Advice
Service
Monday to Friday – 6.30 pm
to 8.00 pm. No appointments are
taken. Clients are seen on a first
in first served basis, except where
clients are matched to volunteers
with specific expertise. Volunteers
and the Night Service Coordinator
staff the Night Service.
Family Law Clinic
Thursday evenings (Fitzroy). By
appointment only. Advice regarding
divorces, separation, children and
intervention orders. Advice on property
matters is not provided.
legal representation from Allens
and Ron Merkel QC.
• Kaz Gurney assumed the role of
Principal Solicitor in an acting capacity,
following the resignation
of the Principal solicitor, Sarah
Nicholson. Kaz led the Practice
through very busy, and often short
staffed times throughout 2012.
• In July 2011, the Publications
Co-ordinator role was successfully
handed over from Marlene
Pitrone, who had done a great job
with the Law Handbook Online
as well as the Law 4 Community
website. Fabiola Superina continues
as a member of the Publications
Team and has been joined
by Lea Croyden.
• FLS is currently planning its 40th
Birthday celebrations - set for
December 2012.
• The Night Service continued its
excellent provision of free legal
advice delivered by a wonderful
pool of volunteers and with
excellent support and training
from Julie Fletcher and the night
Richmond Outreach
Each Tuesday from 6.30 pm
to 8.00 pm. Appointments are
required. The outreach program
operates from the North Richmond
Community Health Centre, 23 Lennox
St Richmond, Ph: 9419 3744.
Neighbourhood Justice
Centre
Casework and advice provided 5
days a week at Victoria’s first integrated
court/tribunal/support service
centre.
FLS Web & Publications
FLS Publications publishes and
distributes a range of material including
the Law Handbook.
Online resources include Law
Handbook, Law4Community,
ActivistRights and the Law4Education
portal, a service to complement
knowledge about the law in high
schools and TAFE.
Vas Eliades and Sandra Mackay
coordinators, Adrian Snodgrass,
Peter Cotter and Mark Rawlings.
• The Committee of Management
successfully dealt with the
challenges arising from staff
issues at FLS, which adversely
impacted upon income and upon
staff workloads. The Committee
also instituted a Health Check for
the organisation to ensure that
governance and management processes
could be assessed for the
wellbeing of the future of FLS.
The Committee’s dedication to the
wellbeing of FLS and its future
was evident in the way it has dealt
with the challenges of 2012.
• Finally I want to thank the Management,
Publications, Finance
and Employment committees,
EO, staff and volunteers who
helped make all this possible.
Their commitment to pursuing
the rights of disadvantaged and
marginalised members of our
community and their passion and
work ethic has kept FLS operating
well through a challenging
and turbulent year.
FLS Practice
The Practice specialises in
criminal law, assistance to victims
of crime, infringements, and family
matters. It is largely funded from
Legal Aid grants. By appointment
only.
Social Justice
Advocacy
FLS provides community legal
education sessions and programs
around a range of legal issues. The
service also works with community
members and other organisations to
advocate for changes to policy and
law to better protect disadvantaged
groups and improve the accessibility
of the legal system.
Financial Counselling
Financial counselling is available
through the Fitzroy Carlton Financial
Counselling Service.
FLS Charter
Vision:
To strive towards a just and
accessible legal system.
Values:
• Empowerment
• Participation
• Integrity
• Quality
Unpaid help
Management
Committee Members
• Convenor: Vas Eliades
• Treasurer: Bruce McBain
• Secretary/Public Officer:
Adrian Kennedy
• Other Members:
––
Serge Sztajt
––
Natalia Hanley
––
Fiona Delahunt
––
Stelvio Vido
––
Jennifer Balint
• Finance Sub Committee:
––
Albert Kuan
––
Bruce McBain
––
Robin Inglis
• Publications Sub Committee:
––
Lea Croyden
––
Anna Landy
––
Brian Wright
––
Emily Clark
––
Fabiola Superina
––
Fleur Bitcon
––
Cathy Beadnell
––
Sandra McKay
––
Sarah Zadeh
• Employment Sub Committee:
––
Fiona Delahunt
––
Natalia Hanley
––
Stelvio Vido
• Life Members:
––
Sue Botthman
––
Brian Collingburn
––
John Finlayson
––
Julian Gardner
––
Tessa Hay
––
Robin Inglis
––
Michael Kingston
––
Henrik Lassen
––
Trevor Williamson
––
Brian Wright
Statistics 2011-12
Information 1086
Advices 2928
Cases opened 846
Cases closed 871
Community Legal Education
Projects 24
Law Reform Projects 7
Mission:
FLS operates as a medium of change by working holistically, innovatively
and with respect:
• To empower people before the law through education and action
• To close the gap between law and justice
• To achieve greater substantive equality between people
• To be an avenue for community participation.
Objectives:
1. To maintain and where possible enhance quality and accessible service
that meets legal needs of the community
2. Engage in a range of social action activities utilising analysis, collaboration
and community participation
3. To maintain and where possible enhance effective support structure
consisting of effective management structure and internal administration
structures
4. To maintain and where possible enhance quality committed staff and
opportunities for volunteers
5. To maintain and where possible enhance the funding base productively
and efficiently
6. To maintain organisational independence and long term viability
Salaried staff
• Executive Officer: Robin Inglis
• Administration Officer:
Sophie Vasiliadis (resigned 19
June 2012), Clare Winder
(commenced 19 June)
• Finance Officer: Albert Kuan
• Volunteer Coordinator:
Julie Fletcher
• Legal Projects Officer:
Belinda Lo (resigned end October
2011), Meghan Fitzgerald
(commenced October 2011)
• Community Development
Officer: Ela Ogru (commenced
January 2012)
• Drug Outreach Lawyer:
Natasha Wolan
• Solicitor Advocate: Jane Vasey
• Principal Lawyer: Sarah Nicholson
(resigned 30 May 2012),
Kaz Gurney (commenced as interim
Principal from April 2012)
• Locum Principal Solicitor:
Vivienne Topp
• Family Lawyer: Amre Levy
• NJC Lawyers: Kaz Gurney,
Lynne Thomas, Renee Wilson
(commenced 31 April 2012)
• Trainees: Cat Moran (completed
2 March 2012), Jessica Porter
(commenced 5 March 2012)
• Night Service Coordinators:
Peter Cotter, Adrian Snodgrass
and Mark Rawlings
• Web and Publications Team:
Lea Croyden, Fabiola Superina,
Tuvan Vuong
• Law Handbook Fundraising:
Sarah Zadeh
• Law Handbook Editor:
Cathy Beadnell
• Paralegal Support: Erin Buckley
and Anna Landy

Executive Officer’s Report
Robin Inglis – Executive Officer, FLS
There have been many different
stories about who was first to set
up a Community Legal Service in
Victoria. We should not forget that
nationally there is no such debate as
the Aboriginal Legal Service in Redfern
NSW was established in 1970.
Fitzroy celebrates its 40th year
in 2012. There are some interesting
parallels and changes we can think
about - 40 years after so many small
groups started a trend of trying to
‘do justice better’ which is still
developing and evolving today.
Networking
The first National meeting of
Community Legal Centres occurred
in 1979 and continues today to try to
cater for a wide range of tastes and
interests.
The evaluations of the formal
program often vary. But what is
remarkably consistent, anecdotally
from people, is how much exciting
corridor and coffee talk happens and
what a source of ideas and questioning
and creativity this provides to
Community Legal Centre workers.
Funding
A recent ABC news report by
Natasha Harradine was headed –
“Limited legal aid equals justice
denied: lawyers”
http://www.abc.net.au/news/2012-
08-06/access-to-justice-denied-formany-feature/4180256
The article quotes Law Council of
Australia’s president Catherine Gale
saying that it has been lobbying the
Federal Government to restore its
per capita funding to at least 50 per
cent share with State Governments.
“Prior to 1997, it was 55 per cent
Federal to 45 per cent State. In the
2009-10 financial year that had
fallen to 32 per cent Federal with the
States and Territories picking up the
remainder. Ms Gale says the Federal
Government needs to do more.”
40 years ago the active advocacy
of the Private profession to government
in support of legal aid would
have been unthinkable. Indeed in
some quarters there was strong
resistance to the idea of Community
Legal Centres.
Since 2001 all sections of legal
aid providers have been meeting
nationally as the Australian Legal
Assistance Forum. State versions of
these collaborations have also been
established.
The Law Council advocacy is paralleled
by attempts by Community
Legal Centres to run a coordinated
campaign to encourage the Commonwealth
Government in a similar
direction.
It is a very positive step that the
Federation of Community Legal
Centres have been at the forefront
of this initiative as extracting money
from governments for legal aid
is never an easy task. It requires
planning, money and creativity.
FLS was proud to contribute to
the Federation’s campaign fund to
build a stronger profile for our work
and increase Government engagement
with the real opportunities to
improve programs and services.
FLS
Challenges
Left to right: Craig Kenny, City of Yarra; Robin Inglis, FLS;
Ella Crotty, FLS
FLS has continued to work hard
on many difficult issues:
• Seeking sustainable funding for
the Law Handbook Online
• Working with other services to
tackle the damage caused by
expensive prohibition policies
and punitive policing of drug users;
trying to ensure the important
work of Needle Syringe Exchanges
is not threatened by unsophisticated
policing.
• Finding pro bono legal support
of the highest quality to test, in
the Federal Court the extent of
Local Councils’ power to prevent
political protest, at the same time
keeping clients and their supporters
aware of the issues, choices
and processes.
• In Magistrates Courts the State
Government policy commitment
to locking up more people for
longer is progressing. This makes
it more challenging to obtain
sentences which suit the circumstances
of the person and to keep
real rehabilitation options alive.
• FLS has dramatically increased
its number of advices provided
over recent years. This again reflects
increased effort and productivity
across volunteers and paid
staff. It reflects great achievement
of the Volunteer Coordinator,
Night Service Coordinators
and the day lawyers who review
the files.
Thank Yous
Special thanks to departing staff
Marlena Pitrone, Belinda Lo and
Sarah Nicholson. Thanks also to
Cordell Scaife who left at the end of
a 12 month contract in the practice.
I want to specially acknowledge
the fantastic commitment of Sophie
Vasiliades Front Office Administrator
for 4 years who was a great
performer in the toughest job in the
shop.
Welcome to our dedicated new
staff Natasha Wolan, Julie Fletcher,
Ela Ogru, Clare Winder and Renee
Wilson.
Thanks to all the volunteers, staff
and Committee. I want to particularly
thank: Albert Kuan, Finance
Officer; Julie Fletcher, Volunteer
Coordinator; and Clare Winder,
Front Office Administrator, for their
support and professionalism. Special
thanks to Convenor Vas Eliades and
Treasurer Bruce McBain for their
hard work and support.
Six snapshots
over six years
Casework
case opened
1200
1100
1000
900
800
700
600
2006-07 2007-08 2008-09 2009-10 2010-11 2011-12
Income
1360000
Income
Clients
3200
total clients
Advice
3000
advice
CLE Projects
Commenced
Increase in case numbers from
2007 associated with new Neighbourhood
Justice Centre funding
and strengthening of the criminal
law practice.
Law Reform
1300000
1240000
1180000
1120000
1060000
1000000
2006-07 2007-08 2008-09 2009-10 2010-11 2011-12
The main factors influencing
income, apart from small projects,
were less income from The Law
Handbook sales, and increases via
Neighbourhood Justice Centre funding
(received 2006-07) and Law
Handbook Online funding in the
2008-09 year, completed in 2010-
11.
3000
2800
2600
2400
2200
2000
2006-07 2007-08 2008-09 2009-10 2010-11 2011-12
New staff at the Neighbourhood
Justice Center in 2007 and 2010 and
considerable growth in number of
Advice clients has enabled an overall
increase in number of clients.
2750
2500
2250
2000
1750
1500
2006-07 2007-08 2008-09 2009-10 2010-11 2011-12
A significant increase in the
number of advices being provided
mainly achieved without new funding.
Continued support from the
City of Yarra has helped achieve
this excellent result
30
25
20
15
10
5
community legal education completed
0
2006-07 2007-08 2008-09 2009-10 2010-11 2011-12
Improved recording and new priorities
have allowed us to increase
the number of CLE projects. The
size and scope of CLE proects varies
enormously. In 2010-2011 there
were some fundamental changes to
reflect a new strategic plan and new
directions in this area.
24
20
16
12
8
4
law reform completed
0
2006-07 2007-08 2008-09 2009-10 2010-11 2011-12
Law reform is both proactive and
reactive and is informed by cases
and public interest. The lower number
last year reflects some gaps in
staff availability and an unexpected
Federal Court test case which absorbed
law reform workers.
3

A Busy and Rewarding Year
for FLS Volunteers
Julie Fletcher – Volunteer Coordinator
Another very busy
year since the last
AGM with continued
excellence provided by
our wonderful day and
night volunteers.
FLS has had an extremely busy
year particularly at the Night Service,
which is still coordinated by
the very talented Adrian Snodgrass,
Peter Cotter and Mark Rawlings.
The Night Service has continued
to provide much needed free legal
advice to the community, with
the numbers of clients sometimes
reaching record heights this year.
Volunteers continue to give their
time and expertise even during
heavy exam schedules and workloads,
without complaint. It is this
dedication and generosity that is so
appreciated by all of us.
On May 19, 2012 all of our day
and Night Service Volunteers were
recognised at the Yarra Volunteering
event, which was held at the
Fitzroy Town Hall. Julie Fletcher
(FLS Volunteer Coordinator) gave
a presentation on the function and
activities of FLS and Ella Crotty
(Night Service volunteer) gave an
insight into volunteering at the FLS
Night Service and the areas that she
enjoyed the most. It was a fabulous
evening with some great entertainment
provided by Local Dance
Troupe. Mayor Geoff Barbour
presented Ella with certificates for
all of our volunteers.
During the last twelve months, we
have held a number of CPD training
sessions on various legal areas
relevant to the Night Service. These
included sessions on Family law,
Infringments, VOCAT, MVA/Third
Party issues and Employment Law.
All sessions were well attended
and the volunteer feedback was
very positive.
Four induction sessions have
been held in under twelve months,
with many new legal and paralegal
volunteers joining the FLS team.
All new volunteers have reported
being made to feel very welcome by
existing volunteers and staff, with
the well known collaborative approach
continuing to be a successful
ingredient in the FLS culture.
The Day Service has utilised the
talents of volunteers to carry out a
wide range of activities this year.
Assistance has been provided to
the Social Action Team, the Community
Development Officer, the
FLS volunteer Ella Crotty and
Volunteer Coordinator Julie
Fletcher at the City of Yarra
Volunteering Event
criminal lawyers, family lawyer and
publications department. Volunteers
have offered invaluable help to the
administration officer with large
scale file culls and other areas of
record management.
So once again, a great year of
service by our volunteers – we hope
that the sense of achievement felt
by volunteers is equal to the appreciation
FLS holds for all their hard
work and commitment.
City of Yarra Mayor Geoff Barbour with FLS volunteer Ella Crotty at
the City of Yarra Volunteering Event
4

Treasurer’s Report
Bruce McBain – Treasurer, FLS
For the financial year ended 30
June 2012, the three operating divisions
of Fitzroy Legal Service Inc.
reported a consolidated operating
surplus of $52,752 compared to a
deficit of $27,560 in the previous
financial year. The organisation’s
net assets (excess of assets over
liabilities) increased from $362,714
to $415,466 as at 30 June 2012.
The total operating cash inflows
were $1,267,670 ($1,217,653 in
2010/2011) and cash outflows
were $1,339,450 ($1,185,863 in
2010/2011).
The Service division’s operating
result incorporates those of the
Service and the Neighbourhood
Justice Centre (NJC). The annual
deficit of $9,033 is mainly due to a
long service leave provision made
- $19,121 in Service and $6,990
in NJC. The Division’s result was
further affected by another $2,610
of annual leave provision for staff at
NJC who had to defer taking their
recreation leave due to busy work
commitments. Had the provisions
not been made, the operating result
for the Division would have been a
favourable surplus instead.
It is pleasing to report that the
Practice Division made a remarkable
surplus of $21,358 despite having
made a provision of $5,136 for
long service leave. This is a great
achievement in comparison to the
deficit of $28,602 in the previous
year. The improved performance
of the Practice is attributed to the
restructure of the division as well
as the dedicated work and effort of
the team.
The Publication Division reported
a surplus of $40,427 compared to
a $62,949 surplus in the previous
year. The decline in surplus was
mainly due to a significant drop in
Law Handbook sales (from $87,476
to $79,178) as a result of the free
Law Handbook Online being more
widely used by the public. During
the financial year, the Division
also contributed a total of $9,899 to
make up the shortfall in both LHB
Online funding and the Activist
Rights website redevelopment
project, which had an impact on the
surplus as well.
As in previous years, the Service
received various grants, donations
and sponsorships that allowed it to
undertake activities and projects
that it could not otherwise have
funded. These funds included:
a. $70,909 sponsorship from
Allens Arthur Robinson for a
Legal Trainee.
b. $70,349 from the Department
of Health for the Drug Outreach
Solicitor Program.
c. $110,000 from the Department
of Justice for Law Handbook
Online.
d. $26,256 from the City of Yarra
for the Volunteer Training and
Support Project.
e. $2,000 from Victorian Law
Foundation for the updating of
the ActivistsRights website.
f. $12,929 from Donation/Sponsorship
for the LHB Online.
In conclusion, I would like to
sincerely thank the staff members
of the Finance Committee, Albert
Kuan and Robin Inglis for their assistance
and support. The financial
well being of the organisation is
essential to ensure the continued
good work of the organisation to
the Community at large and without
committed and reasonable staff
Fitzroy Legal Service would not
be able to meet its ongoing service
objectives.
Independent Audit Report (left);
Statement by Management Committee (below).
5

Financial Reports
Income Statement
for the Year Ended 30 June 2012
Service Practice Publications Projects Total 2011
$ $ $ $ $ $
Income
Miscellaneous grants - - - 292,856 292,856 418,916
Practice income - 196,943 - - 196,943 139,450
Sales FLS Law Handbook current edition - - 79,178 - 79,178 87,476
Sales FLS publication including previous LHB
- - 4,329 - 4,329 4,480
editions
Sales other publications - - 5,848 - 5,848 4,917
Postage recovered - - 8,988 - 8,988 5,692
Australian government grant - VLA 173,520 - - - 173,520 170,622
State government grant - VLA 372,340 - - - 372,340 366,420
Advanced Grant brought forward - VLA 67,701 - - 67,701 (34,527)
Bank interest received 8,289 - 19,915 - 28,204 30,387
Membership - - 2,477 - 2,477 2,336
Donations, Copyrights - 1,812 294 - 2,106 6,397
Other income 4,655 24,953 - - 29,608 19,241
Total Income 626,505 223,708 121,029 292,856 1,264,098 1,221,807
Fitzroy Legal Service (Non-Reporting) Inc.
ABN: 46 187 177 143 Reg no. A0002808B
Balance Sheet
as at 30 June 2012
Service &
Practice
Publications
Total
2012
Total
2011
$ $ $ $
CURRENT ASSETS
Cash/Cheques on hand 14,428 600 15,028 433
Operating Bank Accounts 30,085 11,529 41,614 156,570
Investment accounts 147,868 394,969 542,837 516,121
Debtors 9,023 2,943 11,966 20,734
Other Receivable 1,439 1,196 2,635 -
Provision for doubtful debts (500) (1,000) (1,500) (1,500)
Prepayments 1,995 - 1,995 3,679
Inventories - 4,677 4,677 3,469
Total Current Assets 204,338 414,914 619,252 699,506
NON-CURRENT ASSETS
Office furniture and equipment 83,641 5,120 88,761 86,897
Less: accumulated depreciation (69,751) (4,957) (74,708) (62,481)
Total Non-Current Assets 13,890 163 14,053 24,416
Less Publications Cost of Sales
Production costs - - 21,081 - 21,081 23,649
Purchase of other publications - - 4,235 - 4,235 3,459
Total Publications Cost of Sales - - 25,316 - 25,316 27,108
Gross Surplus (after cost of sales) 626,505 223,708 95,713 292,856 1,238,782 1,194,699
Expenses
Salaries 458,163 145,532 25,299 234,683 863,677 835,114
Superannuation 39,625 12,471 2,165 19,346 73,607 72,983
Other employment oncosts 29,952 6,523 76 2,538 39,089 33,905
Staff training/Conference 7,497 1,856 - 9,471 18,824 17,355
Staff recruitment 1,377 1,035 - 560 2,972 6,242
Rent 35,687 10,767 - 13,377 59,831 52,914
Other premises costs 7,006 3,053 - 11,288 21,347 20,090
Repairs and maintenance 7,882 2,302 - - 10,184 5,179
Insurance 1,553 437 - 437 2,427 2,373
Communications 12,275 4,167 - 8,050 24,492 24,972
Library resources and subscriptions 16,748 3,275 - 650 20,673 20,743
Office overheads 4,875 1,886 3,011 6,974 16,746 15,700
Depreciation 2,578 164 - 9,486 12,228 14,087
Minor equipment purchases 3,357 988 - 2,739 7,084 1,505
Finance, audit and accounting fees 1,771 1,186 - 486 3,443 3,420
Travel 974 2,923 - 1,757 5,654 1,305
Programming and planning 3,910 53 - 2,800 6,763 2,288
Marketing expenses - - 2,566 6,516 9,082 27,760
Distribution expenses - postage and couriers - - 5,155 - 5,155 6,292
Law Handbook on-line support/maintenance - - 3,310 8,481 11,791 33,547
Drug Users' Service Directory on-line
- - 5,476 - 5,476 4,000
maintenance
Other expenses - - 6,589 1,268 7,857 2,336
Client disbursements/Contractors 308 2,132 - 24,252 26,692 55,451
Bad Debts - 1,600 962 - 2,562 1,107
Stock loss/obsolete - - 677 - 677 362
Supervision - - - 21,156 21,156 10,500
Total Expenses 635,538 202,350 55,286 386,315 1,279,489 1,271,530
Net Surplus /(Deficit) (9,033) 21,358 40,427 (93,459) (40,707) (76,831)
Transfer to projects 93,459 93,459 49,271
Total Changes in Equity (9,033) 21,358 40,427 - 52,752 (27,560)
Balance of Equity at Beginning of Year 34,769 35,678 292,267 - 362,714 390,274
Balance of Equity at End of Year 25,736 57,036 332,694 - 415,466 362,714
The accompanying notes form part of this financial report.
CURRENT LIABILITIES
Trade creditors and accruals 31,525 4,567 36,092 36,238
Provision for annual leave 53,908 2,647 56,555 66,267
Provision for long service leave 55,705 - 55,705 22,509
Provision for audit fees 3,000 - 3,000 3,000
Taxes payable 2,173 - 2,173 7,721
VLA Allowable Surplus - - - 67,700
Unexpended project funds (10,855) 75,169 64,314 157,773
Total Current Liabilities 135,456 82,383 217,839 361,208
Net assets 82,772 332,694 415,466 362,714
MEMBERS’ FUND
Accumulated funds prior year 70,447 292,267 362,714 390,274
Legal service (9,033) - (9,033) (61,907)
Practice 21,358 - 21,358 (28,602)
Publications - 40,427 40,427 62,949
Total Members' Fund 82,772 332,694 415,466 362,714
The accompanying notes form part of this financial report.
Project Funds Summary
for the Year Ended 30 June 2012
Project name
Balance at
30 June 2011
Income Expenditure Balance at
30 June 2012
$ $ $ $
Rooming House Project 1,149 - 1,149 -
VLF - Activist Guide
761 2,000 2,761 -
Update
Julian Gardner - Travelling
335 - 335 -
Assistance
Drug Outreach solicitor 2,156 70,349 73,070 (565)
City of Yarra - volunteer 25,005 26,256 55,648 (4,387)
co-ordination
Justice for all 32 413 (1,053) 1,498
Legal Traineeship
(6,907) 53,182 46,275 -
2010/2011
Legal Traineeship
17,727 31,762 (14,035)
2011/2012
LSB Law Handbook
100,102 - 100,102 -
Online
DOJ Law Handbook
20,112 - 20,112 -
Online
City of Yarra - Human
(96) - (96) -
Rights
DOJ Law Handbook
110,000 47,760 62,240
Online (new)
Law Handbook Online
12,929 - 12,929
Sponsorship/Donation
VLA Capital Grant - Phone 7,990 - 6,050 1,940
& Printer (Depreciation)
DHS Capital Grant -
7,133 - 2,440 4,693
Carpet (Deprecitaion)
Total 157,772 292,856 386,315 64,313
6
The accompanying notes form part of this financial report.

Legal Service
for the Year Ended 30 June 2012
Notes To The Financial Statements
For The Year Ended 30 June 2012
2012 CLC 2012 NJC Total 2011
$ $ $ $
Income
Australian government grant 173,520 - 173,520 170,622
State government grant 229,556 142,784 372,340 361,005
Other grants (including in-kind) - - - 5,415
Bank interest 8,289 - 8,289 9,604
Service Generated Income 200 4,455 4,655 -
Allowable Surplus b/f 30,495 37,206 67,701 (34,527)
Total Income 442,060 184,444 626,505 512,119
Expenditure
Salaries 297,079 161,084 458,163 413,578
Superannuation 26,059 13,566 39,625 36,433
Other employment oncosts 19,905 10,047 29,952 32,618
Rent 35,687 - 35,687 31,306
Repairs and maintenance 7,371 511 7,882 4,001
Other premises costs 7,006 - 7,006 6,955
Staff training 4,869 2,628 7,497 5,453
Staff recruitment 1,377 - 1,377 1,978
Communications 11,237 1,038 12,275 11,685
Office overheads 4,655 220 4,875 4,357
Insurance 1,553 - 1,553 1,519
Finance, audit and accounting fees 1,601 170 1,771 1,600
Library resources and
16,065 683 16,748 15,075
subscriptions
Travel 974 - 974 96
Programming and planning 2,315 1,595 3,910 1,946
Clients Disbursement 108 200 308 39
Minor equipment purchases 2,130 1,227 3,357 949
Depreciation 2,578 - 2,578 4,438
Total Expenses 442,569 192,969 635,538 574,026
Net Surplus /(Deficit) (509) (8,525) (9,033) (61,907)
Cash Flow Statement
For The Year Ended 30 June 2012
2012 2011
$ $
Cash flows from operating activities
Receipts from government grants 613,561 502,515
Receipts from customers 330,943 259,438
Payments to suppliers and employees (1,339,450) (1,185,863)
Other grants/income 294,962 425,313
Interest received 28,204 30,387
Net cash provided by operating activities (71,780) 31,790
Cash flow from investing activities
Purchase of Plant & Equipment (1,865) (3,451)
Net cash provided by (used in) investing activities (1,865) (3,451)
Net increase (decrease) in cash held (73,645) 28,339
Cash and cash equivalents at beginning of year 673,124 644,785
Cash and cash equivalents at end of year 599,479 673,124
Reconciliation of cash flows from operations
Surplus (Deficit) from ordinary activities 52,752 (27,560)
Non-cash flows from ordinary activities
Depreciation 12,228 14,087
Bad Debts written off 2,562 1,107
Changes in assets and liabilities
(Increase)/decrease in trade debtors 3,571 (4,154)
(Increase)/decrease in prepayments 1,684 1,052
(Increase)/decrease in inventories (1,208) (159)
Increase/(decrease) in creditors (146) 27,837
Increase/(decrease) in tax payable (5,548) 10,123
Increase/(decrease) in employee entitlement provisions 23,484 24,201
Increase/(decrease) in VLA allowable surplus (67,700) 34,527
Increase/(decrease) in unexpended project funds (93,459) (49,271)
Cash flows from operations (71,780) 31,790
Reconciliation of cash and cash equivalents
Cash/Cheques on hand 15,028 433
Bank Accounts 41,614 156,570
Investment accounts 542,837 516,121
599,479 673,124
The accompanying notes form part of these financial reports.
Note 1.
Statement of Significant
Accounting Policies
This financial report is a special purpose
financial report prepared in order to satisfy the
financial reporting requirements of the Associations
Incorporation Act (Victoria). The committee
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 (Victoria)
and the following Australian Accounting
Standards:
• AASB 101 Preparation of Financial Statements
• AASB 102 Inventories
• AASB 107 Cash Flow Statements
• AASB 108 Accounting Policies, Changes in
Accounting Estimates and Errors
• AASB 112 Income Taxes
• AASB 116 Property, Plant and Equipment
• AASB 118 Revenue
• AASB 119 Employee Benefits
• AASB 124 Related Party Disclosures
• AASB 1031 Materiality
No other applicable Accounting Standards,
Urgent Issues Group Consensus Views or other
authoritative pronouncements of the Australian
Accounting Standards Boards have been applied.
The financial report has been prepared on an
accruals basis and is based on historic costs and
does not take into account changing money values,
or except where specifically stated, current
valuations of non-current assets.
The following is a summary of the material
accounting policies adopted by the Association
in the preparation of the financial report. The
accounting policies have been consistently applied,
unless otherwise stated.
(a) Income Tax
The Association is an Income Tax Exempt
Charity in terms of Subdivision 50-5 of the
Income Tax Assessment Act 1997.
(b) Inventories
Inventories consist of publications and are
measured at the lower of cost and net realisable
value. Costs are assigned on a specific
identification basis and include direct costs and
appropriate overheads, if any.
(c) Goods and Services Tax
Revenues, expenses and assets are recognised
net of the amount of goods and services
tax (GST), except where the amount of GST
incurred is not recoverable from the Australian
Taxation Office (ATO). 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 are
stated with the amount of GST included, where
applicable.
The net amount of GST recoverable from,
or payable to, the ATO is included as a current
asset or liability in the balance sheet.
Cash flows are included in the statement of
cash flows on a gross basis. The GST component
of cash flows arising from investing and
financing activities which are recoverable from,
or payable to, the ATO are classified as operating
cash flows.
(d) Allowable Surplus – VLA
In compliance with funding requirements of
Victoria Legal Aid (VLA), unspent grant is not
brought to account as revenue but deferred as a
liability in the Balance Sheet as VLA Allowable
Surplus. The amount of $67,701 Allowable
Surplus from the previous year, comprising
$30,495 for Service and $37,206 for NJC, is
brought forward as revenue this year to cover
some deficit as a result of an abnormal item of
expense, long service leave provision as well
as additional work hours for the Community
Lawyer at NJC.
(e) Property, Plant and Equipment
Each class of property, plant and equipment
are carried at cost or fair value less, where applicable,
any accumulated depreciation.
Plant and Equipment
Plant and equipment are measured on the
cost basis. The carrying amount of plant and
equipment is reviewed annually by the Association
to ensure it is not in excess of the fair value.
Depreciation
The depreciable amount of all fixed assets
are depreciated on a straight line basis over the
useful lives of the assets to the Association commencing
from the time the asset is held ready
for use. The depreciation rates used for each
class of depreciable asset are:
• Computer equipment: 25-30%
• Office furniture equipment: 10% - 20%
(f) Employee Benefits
Provision is made for the Association’s liability
for employee benefits arising from services
rendered by employees to balance date. Employee
benefits expected to be settled within one
year together with benefits arising from wages
and salaries and annual leave, which will be settled
after one year, have been measured at their
nominal amount. Annual leave is recognised
with expected future increases in remuneration.
Other employee benefits payable later than one
year have been measured at the present value
of the estimated future cash outflows to be
made for those benefits. No provision for sick
leave benefits has been recognised, as amounts
expected to be claimed are not anticipated to
exceed benefits accruing in future periods. Sick
leave is non-vesting.
Contributions are made by the Association
to employee accumulated superannuation funds
and are charged as expenses when incurred. The
particular funds have no unfunded liabilities.
(g) Long Service Leave
An abnormal expense of $26,112 being
provision for long service leave was made for
several employees who have been in service
for (or approaching) five years. Of the total
amount, $19,121 was booked against the
Service division and $6,991 against Neighbourhood
Justice Centre; this item of expense is
listed under the category of “Other Employment
Oncost”, which also consists of annual leave
provision and workcover cost as well.
Fitzroy Legal Service is one of the Community
Legal Centres (CLS) bound by the
Multipurpose Business Agreement, whereby
employees’ prior service in other CLCs is recognised
in the calculation of period of service
and their leave entitlement is also transferrable
among CLCs. Provision previously made for
two employees who left the organisation in
the 2011-2012 financial year is therefore not
reversed because Fitzroy Legal Service will be
liable to transfer their accrued entitlement to
their current employer if/when they are entitled
to access their long service leave entitlement.
(h) Cash and cash equivalents
For the purposes of the cash flow statement,
cash includes cash on hand, at bank and on
deposit.
(i) Revenue
Grants are recognised on an accrual basis.
Any grants received and provided for special
purposes are recognised to the extent funds are
expended on projects. Grants received for future
financial periods are treated as grants in advance
under current liabilities to the extent of the unspent
grant where there is an obligation to repay
the unexpended portion of the grant.
Revenue from membership fees and donations
are recognised upon receipt.
Revenue from the sale of goods is recognised
upon delivery of goods to customers.
Interest revenue is recognised on an accrual
basis taking into account the interest rates applicable
to the financial assets.
All revenue is stated net of the amount of
goods and services tax (GST).
(j) Leases
Lease payments under operating leases,
where substantially all the risks and benefits
remain with the lessor, are charged as expenses
in the period in which they are incurred.
(k) Comparatives
Where required by accounting pronouncements,
comparative figures have been represented
or reclassified to conform to changes in
presentation for the current financial year.
Note 2.
Commitments
Operating Lease Commitments
Being for rent of office at 124 Johnston
Street, Fitzroy, Victoria 3065
The current property lease has a five-year
term, expiring on 30 June 2016.
Note 3.
Financial Instruments
(a) Interest Rate Risk
The Association has no material exposure to
interest rate risk on its financial instruments.
(b) Credit Risk
The maximum exposure to credit risk,
excluding the value of any collateral or other
security, at balance date to recognised financial
assets is the carrying amount, net of any provisions
for doubtful debts, as disclosed in the
statement of financial position and notes to the
financial statements.
The Association does not have any material
credit risk exposure to any single debtor or
group of debtors under financial instruments entered
into by the Association other than Victoria
Legal Aid.
(c) Net Fair Values
The aggregate net fair values and carrying
amounts of financial assets and financial liabilities
are disclosed in the statement of financial position
and in the notes to the financial statements.
Note 4.
Related Parties - Management
Committee Members 2011-2012
Vas Eliadis (Convenor), Bruce McBain
(Treasurer), Adrian Kennedy (Secretary) Stelvio
Vido, Jennifer Balint, Natalia Hanley, Serge
Sztajt and Fiona Delahunt.
No financial advantage for members was
reported during the period. No income is paid or
payable to members of the Management Committee
by the association and any related entity.
Note 5.
Economic Dependency
The Association receives the majority of its
revenue from Victoria Legal Aid. In 2011-2012
the total recurrent grant for Fitzroy Legal Service
Inc. was $613,561.
Note 6.
Principal Activities and
Operations
The Fitzroy Legal Service Inc. opened its
doors in December 1972 and has a significant
history. Fitzroy Legal Service Inc. provides
critical analysis of legal issues within a broad
social context. It functions as a communitybased
organisation; independent of government
with involvement in activities that are reflective
of rights based services. The legal service is
staffed by both legal and non-legal workers and
its primary aim is to serve those people in the
community who have little or no access to legal
resources. Fitzroy Legal Service Inc. also looks
at legal issues in a broader social context and
provides assistance with general legal advice,
financial counselling and with matters involving
young people in custody or in difficulties with
the police.
As well as its daytime service, Fitzroy Legal
Service Inc. operates a free legal advice service
five evenings a week. Fitzroy Legal Service
Inc. has:
• a large volunteer night advice service operating
5 nights a week as well as an outreach
service and two specialist clinics,
• a self funding day practice offering criminal
and selected general law casework and court
representation, and
• a self funding publications unit that produces
the Law Handbook annually as well as other
publications
Fitzroy Legal Service Inc. is active in law reform,
development of legal policy and research.
Fitzroy Legal Service Inc. has a team based
organisational structure. The work teams are
the administration team, casework team and
social action team. Fitzroy Legal Service Inc.
also has a finance committee and a publications
committee.
Strict geographical limitations were introduced
in November 1978 in order to try and
manage the workload. People who live outside
the inner suburban area are encouraged to see a
legal service closer to their local area. Referrals
are made where possible. There are now over
40 odd Community Legal Centres in Victoria,
including specialist centres.
A large proportion of legal service clients
live in rented premises or are boarders. Approximately
40% of the catchment area population
consists of persons from non-English speaking
backgrounds. A substantial proportion is
unemployed or receiving pensions or benefits
and make up the overwhelming proportion of
service users.
Fitzroy Legal Service Inc. provides a free
legal service to those people who live, work or
study in the suburbs of Fitzroy, Collingwood,
Abbotsford, Clifton Hill, North Fitzroy, Brunswick,
Carlton, Richmond and East Melbourne.
Any person who is in the catchment area is
eligible to receive advice from the Fitzroy Legal
Service Inc.. No formal means test applies,
however, we do not provide more than initial
advice to some people.
In addition, there is demand from a wide
range of organisations for our expertise in
organisational development and capacity building.
We continue to learn from refining our own
governance, infrastructure, organisational and
internal decision-making processes.
Note 7.
Segment Reporting
The organisation operates predominantly
in three sectors (community legal centre, legal
practice and legal publications) and one geographic
location (Victoria, Australia).
Note 8.
Association details
The principal place of business of the association
is:
124 Johnston Street
FITZROY VIC 3065
Phone (03) 9419 3744
Fax (03) 9416 1124
E-mail enquiries@fitzroy-legal.org.au
7

8
Thank
Night
you!
Many individuals give their
expertise and time pro bono. Their
generosity keeps FLS functioning.
They are acknowledged under the
headings relevant to their contribution.
Day
volunteers
Pichda Kim
Sengul Korkmaz
Anna Landy
Kate Liversidge
Gay Miller
Christopher Patz
Erwin Reiss
Ed Yap
Donations
Judith Horton
John O’Connor
Dann Spijer
Angela Stacy Burr
Australian Nursing
Federation
RACV
Arnold Dallas McPherson
Jacinta Efthim
Makin & Kinsey Solicitors
Clare Winder and Julie Fletcher
FLS Reception
Organisations
Allens
For their commitment to developing
the community legal sector through
the legal trainee program and
their ongoing support with legal
administrative support program.
Additional thanks for providing
free venues for our professional
development forums.
Alliance Software
For Project advice
BPA
For printing and marketing support
City of Yarra
For funding the Night Service for
the next three years
Commonwealth Attorney
General’s Department
Community Legal Centre Funding
Department of Health
For funding the Drug Outreach
Lawyer Program
Department of Justice
For ongoing support and funding
for the Community Legal Centre
and for interim funding of the Law
Handbook Online
Federation of Community
Legal Centres
For ongoing support and
collaboration.
Finrea Pty Ltd
For computer support
Ged Kearney, Australian
Council of Trade Unions
For her valued support in our
campaign for the Law Handbook
Online
Herbert Geer
Ongoing support and legal advice
John Corker, National Pro
Bono Resource Centre
For his ongoing support
Legal Services Board
Initial funding for the Law
Handbook Online
Neighbourhood Justice Centre
For valuable ongoing support;
funding and after hours meeting
room space
The Design Bus, Meghan
McBain
For design and layout of the annual
report and other design
University of Ballarat, CECC
For website development, support
and maintenance
Victoria Law Foundation
For funding the Activist Rights
online updates
Victoria Legal Aid
For their funding and support
YSAS
Ongoing support with premises –
for training and meeting purposes
volunteers
Liam Aldous
Bree Alexander
Christian Alexander
John Aliferi
Joshua Allan
Nick Allardice
Magda Alsyed
Elizabeth Altson
Joseph Amin
Tully James Anders
Maria Anenoglu
Alice Armit
Tanya Bannister
Jarryd Bartle
Jess Bayly
Jane Berry
Grahame Best
Frances Bhathal
Maria Bhatti
Dorien Bizilis
Harry Bleas
Paul Boers
Colin Bosnic
Alexander Bowen
Claire Brown
Erin Buckley
Andrew Burns
Emma Cahill
Alainnah Calabro
Neil Carabine
Lisa Caripis
Christina Carney
Lee Carnie
Anna Catanchin
Julien Chadwick
Yunn Shin Chen
Edwina Cheung
Linda Choi
Mari Christodulaki
Aisling Clifford
Alexandra Cohan
Barbara Cole
Jenny Collins
Emma Colvin
Michael Concas
Andrew Conley
Nigel Cook
Simon Cooke
Carmendy Cooper
Andrew Cromb
Sandra Crone
Alicia De Pedro
Tarishi Deasi
Jeylan Deniz
Roopinder Dhillon
Anna Dixon
Michelle Doan
Maja Doma
McRae Dunbar
Vasilyki Eliades
Nick Ellis
Tim Farhall
Bryce Figot
Rebecca French
Synnove Frydenlund
Jeri Fund
Jamie Genis
Jason Georgallis
Florence Godfrey
Jennifer Gould
Benjamin Green
Emily Hallahan
Penny (Penelope) Harris
Christopher Hooper
Cheryl Hrvoj
Stephanie Huang
Tilda Hum
Sharon Humphries
Ross Hutchins
Arwen Johns
Paul Johnson
Adam Jones
Kathy Karadimas
Simone Karmis
Jane Kitson
Sengul Korkmaz
Christine Lai
Carlene Lamanna
Jon Lasarevic
Michael (Eng Lee) Lau
Jennifer Lay
Michael Leach
Lionnel Lee
Lena Lettau
Bill Leung
Tim Leung
Amy Lim
Katherine Lisov
Marisa Liu
Errol Lloyd
Godwin Lo
Peter Loukas
Isolde Lueckenhausen
John Lynch
Molly Lynch
Peter Lynch
Andrew Ma
Joseph MacFarlane
Abraham Madol
Maliq Maideen
Nicole Malone
Elsa Markula
David Martin
Natasha Maugueret
Alexander Maxwell
Lucy Maxwell
Caitlin McAlister
Cheryl McArthur
Bruce McBain
Travis McCarthy
Robert McCloskey
Daniel McGlone
Georgina McKay
David McKenzie
Helen McKenzie-Fairlie
Gabrielle McManus
Emily Metcalfe
Nyssa Meyer
Costandinos Michaelides
Gay Miller
Rowan Minson
Jihan Mirza
Kimberley Moran
Lisa Mortimer
Emily Moskovitch
Sean Mulcahy
Alasdair Murray
Daniel Myers
Daniel Nguyen
Gorjan Nikolovski
Hollie O’Dea
Bree O’Dwyer
Fiona O’Neill
Carrie O’Shea
Cassie Oakley
Caroline Paterson
Christopher Patz
Gilda Pekin
Paul Pentony
Emma Peppler
Erin Pobjie
Teresa Pollock
Jacqui Porter
Jessica Porter
Jane Predl
Luke Promon
Mary Quinn
Chitra Rajalingam
Oliver Ramsay
Rohantha Ratnayake
Moira Rayner
Cate Read
Angelique REnieris
Sarah Renni
Ellis Rigby
Rebecca Roberts
Christopher
Rodrigues-Nascimento
Paul Romas
Skye Rose
Fiona Rothville
Georgia Rutecki
Kepler Ryan
Edward Ryman
Fiona Sam
Muhammed Ali Sayed
Patrick Sheehan
Melanie Sherrin
Charandev Singh
Joanne Slater
Melisa Sloan
Tracey Smail
Anne Sophie
Hannah Sowdon
Rachel Storey
Kaja Strzalka
Johnathan Sumskas
David Sztrast
Jaclyn Tang
James (Jim) Tapp
Jonathan Teh
Jason Themistoklis
Gemma Thomas
Cathy Thwaite
Brian Tierney
James Tierney
Wilson TIghe
Beverley To
Paul Tobin
Jessie Tucker
Mathew Vitale
David Walker
Katie-Elouise White-Spier
Andrew Wills
Tara Winney
Elizabeth Wortley
Wendy Wu
Teng Hon (Ed) Yap
Damien Glenn Yeo
Sylvia Zdunek
Jilnar Zeina
Andrew Zingler

Practice Report
Kaz Gurney – Principal Solicitor
Well, our case practice
team members come
and go but the long
list of clients and their
many, complex needs
continue.
During the year that was we witnessed
the departure of Cordell, Cat
and Sarah and the arrival of ‘Tash,
Renee, Jess and Erin.
The current team comprises:
Lynne and Renee doing the duty
lawyer work at the NJC; Amre
looking after family law matters;
and Jane, ‘Tash, Jess and Kaz doing
the criminal law work at Johnston
Street.
We have been very well supported
by Gay (NJC volunteer lawyer),
Erwin (volunteer family law worker),
Anna (files administration) and
Julie (volunteer coordination). The
very capable Clare has taken over
the front desk from Sophie who is
now organising our colleagues at
the Federation.
Adrian, Peter and Mark, the Night
Service Coordinators, continue to
provide expert advice on an extraordinarily
wide range of legal issues
to all those who attend the evening
sessions and are ably assisted in this
by an incredible group of enthusiastic
volunteers.
The pace hasn’t slackened for
a moment despite the changes in
staff and responsibilities that have
occurred. The combined Service
output exceeded 3100 clients, including
more than 1800 new clients,
with nearly 3000 advices provided
and almost 850 new cases dealt
with. Practice income remained
nicely in the black and the forward
outlook remains positive.
I thank everyone from my heart
for their staunch support during
some difficult moments, their valued
contributions to the important
work of the Service and, most of
all, for their incredible mateship.
FLS is an amazing work place but it
is the people who work there day by
day who make it so.
The year ahead will no doubt
bring new challenges and new
players to deal with them but I am
immensely confident that it will
be a very good year for FLS and I
wish you well as you go about your
vocations.
Case Study –
Private client referred
from Night Service
Client was a 41 year old male
with driving while suspended and
Above: Lynne Thomas, Meghan Fitzgerald, Jane Vasey and Natasha Wolan
drug matters in Sunshine Court.
Although unemployed due to a
depressive illness and substance
abuse, he had accrued savings from
his previous employment that precluded
him from obtaining a grant
of aid on the asset test. The new
duty lawyer guidelines also make
it difficult to meet the merit test on
these types of offences and defendants
in these types of matters are
now only eligible for advice. The
Case Practice team subsequently
took his matter on a private basis
for a total fee of $770. We took
instructions and provided a briefing
memorandum for the appearance.
The client recounted a history in
which he suffered significant injuries
as a result of a motor vehicle
accident. His pain was managed
with pethidine while in intensive
care and with oxycontin upon
discharge. He became addicted
to opiates and began to use illicit
substances. The accident also cost
him his employment as a baker and
his depression intensified leading to
additional substance abuse.
He made attempts to deal with his
drug use by entering various programs
but was largely unsuccessful
until he began counseling with his
current psychologist. Supporting
reports were provided to the Court
and, following our plea, he was
fined a modest sum without conviction
or interference with his license.
The client later wrote the following
email to us:
Hi XXXX
I just wanted to thank you for
the amazing result that you and
your colleague obtained for me.
The result was unbelievable. I have
been given a rare and exceptional
chance. The magistrate gave me
a fine without conviction or loss
of licence. I couldn’t have been
treated more leniently or more
considerately. Thank you for your
part in this. It will not be taken for
granted.
Best $770 that I ever spent.
Yours appreciatively.
yyyyyyy
Successful County Court Appeal on Sentence
Case Study:
The FLS client was charged with
aiding and abetting an attempted
theft and criminal damage.
It was alleged by the prosecution
that the client had entered Rebel
Sports store in Melbourne with the
co-accused. The co-accused then
selected a hooded jumper from the
display rack. Our client and the
co-accused both held the jumper
and the co-accused ripped the tag
off the jumper which caused a
large tear along the collar line. The
co-accused then placed the jumper
back on the rack.
The client elected to take this
matter to contest on the basis that
he did not aid and abet the actions
of the co-accused in any way. He
instructed that he had no prior
knowledge that the co-accused was
going to attempt to steal this jumper
and offered no assistance or encouragement
during the incident. The
primary witness for the police made
a statement that was ambiguous and
left doubt as to whether the police
could prove the offence.
At contest this witness diverged
from his statement and elaborated
on what he had seen, and it was on
that evidence that the client was
found guilty.
Supporting material was tendered
to the Magistrate as the matter proceeded
by way of a plea.
Following submissions, the Magistrate
commented that because he
elected to take this matter to contest
that the witnesses were required to
attend and court time was devoted
to this matter therefore his penalty
will be greater than would otherwise
have been imposed.
The Magistrate had the client
assessed for a Community Corrections
Order and sentenced him to a
12 month order to undergo assessment
and treatment for drug and/
or alcohol addiction and mental
health, to complete 30 hours unpaid
community work and to undergo
supervision for the duration of the
order.
An appeal was lodged in the
County Court.
The primary focus of the appeal
was ‘the principle of parity’.
Despite the fact that our client had
elected to take the matter to contest,
in our submission, parity was still
an important factor given that our
client was not the primary offender,
had no relevant prior matters. The
co-accused received a bond.
We submitted that the community
corrections assessment report was
contrary to what was then imposed.
The report stated the client was a
low risk of re-offending and did not
recommend supervision or assessment
and treatment for drug and/or
alcohol addiction.
The Judge was also informed of
the client’s current circumstances
and the various supports that were
already in place to further highlight
that an order of this nature was not
required.
It was submitted that an undertaking
would be appropriate in these
circumstances given the nature and
circumstances of the offending and
he client’s lack of priors. The Judge
agreed and sentenced the client to
a section 75 undertaking without
conviction.
9

Publications report
Fabiola Superina – Publications
The past 12 months
have been a busy time
for the Publications
Team and 2012 a year
that has been marked
by a number of highs
and lows.
It was a generous grant from the
Legal Services Board which enabled
the Law Handbook to go free
online in June 2009. In December
2011 the Law Handbook Online
was the recipient of a State Government
grant of $110,000 through
the Attorney General Robert Clark
which has enabled FLS via publications
to keep the site running and
free to date. However these funds
will expire shortly, and one of the
major frustrations of the past twelve
months, has been our inability to
develop a sustainable, ongoing
funding regime, despite negotiations
with the State Government
and a fundraising campaign via
donations, sponsors and supporters.
The success of the Law Handbook
Online has been in part due
to an ongoing community education
program which has involved
publications staff giving presentations
to metropolitan and regional
libraries and councils as well as
attending education conferences and
public library forums over the past
12 months.
On May Day 2012, we were
delighted to launch the updated
Activist Rights 2012 @www.
activistrights.org.au. The website is
designed as an online resource base
for activists, organisers, lawyers
and legal support teams in Victoria
and Australia. The launch which
took place at RMIT, was organised
in conjunction with the RMIT
Centre for Human Rights Education
(CHRE). The evening was lively,
enjoyable and engaging for the
100 attendees. Anthony Kelly, the
Executive officer of Flemington
Kensington Community Legal Centre,
and the original Project Officer
for the Activist Rights website did a
‘walk through’ of the website. This
was followed by a panel discussion
“Activism in Australia: Reflections,
Experiences and Challenges”- the
panel consisted of Rob Stary, Gary
Foley and Tasneem Chopra – a diverse
and fascinating group. There
was also a comic debate “Activism
Doesn’t Pay” which wound up the
body of the evening on a high and
highly amusing note. Diane Sisely,
Director of RMIT CHRE, closed
what was agreed to be a very successful
evening, by thanking all
involved including the Advisory
Committee and contributors to
Activist Rights 2012.
Activism in Australia: Reflections, Exp
KEEP
ACCESS
TO THE
LAW HANDBOOK
ONLINE FREE
WE NEED YOUR SUPPORT
Rob Stary, Gary Foley, and Tasneem Chopra – Keyn
2012 Law Handbook launch,
From left to right: Cathy and Robin (photo 1); Fabiola,
Ron, Robin, Brian (photo 2); John Corker and Brian
Wright (photo 3); Sarah and Sandra (photo 4);
10

THE LAW HANDBOOK 2013
Trim 240 mm x 176mm, SPINE TBC
CMYK with matt lamination and Spot UV (page 2 of Indesign file)
One colour black to print on IFC and IBC (page 3 of Indesign file)
LHB_FCA.indd 1
Despite the funding difficulties
the Publications Team is working
with enthusiasm to produce and
launch the 35th edition of the Law
Handbook in November 2012.
Mr Jon Faine, who has long been
a supporter of FLS and the Law
Handbook, has agreed to be special
guest speaker at the launch - we are
looking forward to his speech.
We are also very much looking
forward to celebrating FLS’s
40th birthday with a great party in
December at the Trades Hall Bella
Fitzroy Legal Service Inc.
Union 124 Johnston Street, Bar, to be MC’d by none
Fitzroy VIC 3065
Tel: (03) 9419 3744
other than Casey Bennetto ( the
man behind ‘Keating the Musical’).
So we look forward to finishing off
what has been a somewhat tough
year with music and song and
optimism that FLS and the Law
Handbook will continue to provide
The Law Handbook has provided Victorians with
practical information about the law in plain English since
1977. This comprehensive guide to the law in Victoria covers
more than 90 common law topics. More than 80 specialists
have contributed content for the 2013 edition of this leading
guide to the law. The Law Handbook is also available online
(www.lawhandbook.org.au).
Fitzroy Legal Service also publishes the following
websites:
Law4Community is a simple referral directory of legal
services; it also provides checklists to quickly identify legal
issues (www.law4community.org.au).
Law4Education is a dynamic resource for teachers and
students that provides lessons examining current legal
issues, and a directory to a range of educational activities
(www.law4education.org.au).
Activist Rights is for people taking action to create positive
change in their lives and communities. The website is
designed as an online resource for activists, organisers,
lawyers and legal support teams in Victoria and Australia
(www.activistrights.org.au).
www.lawhandbook.org.au
C
Victorians with access to legal
M
information and justice.
RRP A$95.00
Y
§
Celebrating
35 years
§
THE
LAW
Handbook
Your
practical guide
to the law
in Victoria
THE
LAW
Handbook
Your practical guide to
the law in Victoria
§
Celebrating
35 years
§
9/07/12 10:08 PM
F
40
You may also have noticed that
the FLS Home Page has a new look
and is much more interactive, and
this project has very much been
initiated and seen through by Lea
Croyden, publications, with the
assistance of the CECC team in
Ballarat.
eriences and Challenges
Below: Fabiola Superina,
K
FLS; Erin Dolan, Victoria Law
Foundation; and Diane Siseley,
RMIT, at Activist Rights Launch
CM
MY
CY
CMY
BY
NO
DO
AB
ote Speakers at the Activist Rights website launch
in October 2011
Above: Anthony Kelly, Flemington Kensington Legal Centre,
contributor to activistrights.org.au
Ron with t-shirt (photo 5); Glen and family (photo
6);
11

SAT Report
Meghan Fitzgerald – Social Action
Team
Social Action
Team &
Community/
Health
Partnerships
Through 2011 to 2012 the Social
Action Team has continued to build
on partnerships with health service
providers based in the City of Yarra
and state-wide agencies, and to
inform policy and law reform work
with the experiences of our client
base.
Funded by the Department of
Health, Drug Outreach Lawyers
Jane Vasey and Natasha Wholan
provided extensive community legal
education, advocacy and support
through local AOD services including
Innerspace, North Richmond
Community Health, North Yarra
Community Health, Living Room
and Youth Support and Advocacy
Service. Of the numerous contacts
made with the community, approximately
120 cases were taken on
and resolved by the respective legal
practitioners through the reporting
period.
The outreach legal service
provision model of engaging with
service-users in familiar environments
where there are existing supports,
peer networks and relationships
of trust continues to benefit
FLS in providing access to justice
for community members marginalised
in their engagement with the
legal system.
Legal Projects Officer Meghan
Fitzgerald and Community Development
Officer Ela Ogru continue
to engage in community legal
education and advocacy supporting
access to health services, accountability
in policing operations, and
rights and responsibilities in the use
of public spaces.
Staff attend regular meetings
with community and stakeholders
focused on public housing, and
work to enhance legal capacity of
community sector workers, students
and service users through relationships
with NMIT, the New Hope
Foundation, the Neighbourhood
Justice Centre, Monash University,
Melbourne University, Victoria
University, Open Family, Health
Works, North Richmond Community
Health and others.
The Legal Projects Officer continues
to sit on the Executive Committee
of the Yarra Drug Health Forum,
and on the Board of Harm Reduction
Victoria, the peak drug user
organization in Victoria.
Criminal
Record
Discrimination
The impact of a criminal record
remains one of the most significant
and punitive impacts of engagement
with the criminal justice system for
many Victorians. The normative
shift towards broad based criminal
record checking for employment
purposes has not been matched by
appropriate legislative frameworks
that guide and manage community
reliance on criminal record information.
FLS continues to support reform
that strikes the right balance
between appropriate risk management
and the community interest in
eliminating unnecessary barriers to
employment.
The launch of the short film ‘Off
the Record’ exposed new audiences
and potential partners in advocacy
to the detrimental impact of the current
criminal record check system
in Victoria, Australia. The excessive
use of criminal record checks
by prospective employers means
that otherwise qualified and committed
workers are being shunned
because of an often minor offence
from their past. The documentary
explores how the impact reaches
beyond employment and can have a
devastating effect on mental health,
family, and community well after
a sentence has been completed. By
using the stories of four people who
have struggled as a direct result of
the current criminal record system,
including Aboriginal elder Jack
Charles from the film ‘Bastardy’,
the breadth and injustice of this
largely unnoticed issue is highlighted.
Ultimately, the documentary
asks the audience to consider a
more positive and practical attitude
to allow former offenders to move
forward and grow.
Working closely with FLS staff,
the short film was directed and
produced by former University of
Melbourne students Jessica Crofts
and Gemma Leigh-Dodds, edited by
former VCA student Vessal Safaei,
and funded by the Melbourne Engagement
and Partnerships Office
at the University of Melbourne. For
more information and to view the
film online, http://offtherecordcampaign.com/about/
Occupy
Melbourne
12
Meghan Fitzgerald - Social Action
Team
With the re-launching of the
Activist Rights website, and the
Federal Court challenge on behalf
of Occupy Melbourne, the Social
Action Team has been busy building
legal capacity in activist communities
and working in support of
protester’s rights.
With the support of Counsel Ron
Merkel QC, Nick Wood, Emrys
Nekvapil, Rupert Watters, the Human
Rights Law Centre, Allens,
and volunteers working with FLS,
proceedings have been conducted
on behalf of two Occupy Melbourne
protesters, James Muldoon and Sara
Kerrison in Muldoon and Ors v
MCC and Ors.
On behalf of the litigants, it has
been argued that the enforcement
actions taken under local laws
prohibiting advertising and camping
were not compatible with the consitutitonally
protected implied right to
engage in political communication,
nor with human rights given statebased
legislative protection under
the Charter of Human Rights and
Responsibilities Act 2006 (Vic).
Both litigants have shown extraordinary
courage and determination
in pursuing rulings of the Court
to clarify the respective rights and
responsibilities of the protesters
and the State. No rulings have been
handed down in relation to the matter
as yet.
PO Box 297
124 Johnston Street
FITZROY VIC 3065
www.fitzroy-legal.org.au
Above: Meghan Fitzgerald and
Ron Merkel
T: (03) 9419 3744
F: (03) 9416 1124
E: enquiries@fitzroy-legal.org.au