St Kilda Legal Service Annual Report 2006-2007 - Community Law

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Kon TringasThurs night volunteerPeter Gilmour,Thurs night volunteer & Suzy Foxhave had their recommendations adopted on aconsistent basis by Parliamentary, statutory andother inquiries at national and state level and bychanged practices in industry.Liz Curran, a lecturer in law at La Trobe University,commented on the report:‘CLCs are ideally placed to comment on the lawand its impact on the ground… [they] are placedin an ideal position to inform government aboutlaws that are problematic, unfair, costly, inefficientor unjust.’This year the Legal Service has contributed to thefollowing law reform inquiries:Graffiti Prevention ExposureDraft BillThe Graffiti Prevention Exposure Draft Bill anddiscussion paper were released by the Departmentof Justice in January with a call for submissions.The Legal Service made a brief submission outliningconcerns about the Bill and supporting morethorough submissions made by Youthlaw and theFederation. We argued that the new offences wereunnecessary and expressed concern about thereversal of the burden of proof; expanded searchand seizure powers for police and the legislation’sdiscriminatory impact on the young.Proposal to Expand theInfringements SchemeThe Department of Justice is looking atdecriminalising a range of summary offences,including obscene language, offensive behaviour,careless driving and shoplifting. Police wouldhave the option of issuing an infringement noticefor those offences, instead of a charge andsummons. Payment of the fine would expiate theoffence without a criminal record.The Service prepared a response to the Federationon the issue, which contributed to their overallsubmission to the Department of Justice.The advantage of the proposed schemefor our clients is that it allows them to avoidaccumulating lengthy criminal records for publicorder offences. It also provides the opportunity ofhaving the penalties revoked under the ‘specialcircumstances’ guidelines for mental illness, drugaddiction and homelessness.Our submission broadly supported the proposals,but expressed concerns about the likelihood ofnet widening, the shift of judicial discretion tothe police and the inadequacy of the existinginfringements system for CLC clients.Civil Justice ReviewThe Federation of Community Legal Centreshas formed a Civil Law Reform Task Group torespond to the inquiry into civil justice currentlybeing undertaken by the Victorian Law ReformCommission. The Service convenes the Groupand has contributed to submissions outlining thebarriers to civil justice faced by disadvantagedgroups in the community. Key recommendationsinclude the need for court-based assistance forunrepresented litigants, the need for court-basedinterpreters for civil matters, the re-instatement ofLegal Aid assistance for civil disputes, cappingand certainty of cost awards and the introductionof a compulsory third party insurance scheme.Local Community NetworksThis year the Legal Service has continued toparticipate in the following networks:• Port Phillip Drugs Round Table• Stonnington COmmunity Drug IssuesNetwork Group (CODING)• Local youth networksFederation of CLCs WorkingGroupsThis year the Legal Service has continued toparticipate in working groups addressing thefollowing issues:• Violence Against Women & Children• Community Legal Education (CLEWs)• Police Issues• Civil Law Reform• Access to Interpreters• Infringements20 Annual Report 2006 – 2007
Drug Outreach LawyerThe drug outreach lawyer position has undergonesome changes over the past year, with AnnJorgenson and Peter Lunt leaving last year, andthe position moving from a job-share position tofull-time. Ann and Peter deserve a big thank youfor their hard work and dedication to their clientsduring their time here.The drug outreach lawyer deals with a wide rangeof matters, but by far the most common are crime,fines and family. There seem to have been fewerVOCAT claims coming through this year, and thiscould reflect the growing number of communityagencies which now feel more confident aboutdealing with VOCAT matters on behalf of theirclients.Outreaches still generate the majority of clientcontacts for the drug outreach lawyer, but anincreasing number of clients are being referredby different community agencies. This is probablypartly a result of the position becoming full-timeagain. It is easier for workers in communityagencies to become familiar with a full-time lawyer,and full-time hours also allow the lawyer to fit inmeetings at which they can meet representativesfrom local agencies.It is noted that the numbers of clients seen by theservice appear to be down on last years. This isbecause one-off advices have not been recorded.In fact on-going casework is up on last year.The problem with advices not being noted hasbeen rectified and the numbers next year shouldreflect this.Clients who access the drug outreach lawyerservice are problematic. Their matters frequentlytake up more time and energy than other types ofclient who might access the general legal service.The drug outreach lawyer spends a lot of timeencouraging people to attend court and chasingthem up when they do not, obtaining reports thathigher functioning clients could probably organisefor themselves, and talking to clients who areconfused and muddled.A change of focus in the service has beenincreased court representation by the drugoutreach lawyer. This was not a deliberate policychange, but rather came about as it becameobvious that it is often easier to get clients intocourt when they are assured that the lawyer whowill greet them in the court foyer is a familiar,friendly face. The drug outreach lawyer appears inadjournments and simple pleas. Providing a legalaid grant can be obtained, the drug outreachlawyer briefs a barrister in matters that are to becontested or in which there is a possibility that theplea could result in a serious sentencing outcome.We have been fortunate to have access to verygood, caring and experienced barristers who areprepared to appear for legal aid fees.The drug outreach lawyer continues to attendthe loiter court on the first Tuesday afternoon ofevery month. Laini Liberman, who was previouslyemployed as the drug outreach lawyer, alsoattends as a volunteer lawyer, for which we aremost grateful. Both Laini and the drug outreachlawyer have ongoing clients whom they representin court, and also have new clients referred tothem on the day.We have also been fortunate to have a volunteersolicitor come on-board to help with outreach atthe Sacred Heart Women’s House on Thursdays.Marita Ham is an experienced civil law solicitorwho is currently on maternity leave and whoseoffer to come and help at the Women’s Housewas enthusiastically received. The Women’sHouse is one of our busiest outreaches and it isof great value to have another lawyer to help dealwith clients in that setting.Overall the drug outreach lawyer program hasgone from strength to strength over the past year.This is evidenced by the number of clients comingthrough, and the growing number of agencieswhich are contacting us either with client referralsor with requests to provide information or comeand talk to staff. Recent legislative changes inareas such as benefit provision and guardianshiporders for children are already impacting on ourclient group, and are likely to do so far more inthe coming year. There is probably little doubt thatthe drug outreach lawyer program can expect farmore referrals and far more complex problems inthe year to come.The drug outreach lawyer would like to thankher fellow legal service workers for their supportover the past year. In particular she would like tothank the many volunteers whose help has beenindispensable and without whom her paperworkwould be in a state of disarray too dismal tocontemplate!A changeof focus inthe servicehas beenincreased courtrepresentationby the drugoutreachlawyerVanda HamiltonSKLS Drug Outreach lawyerAnnual Report 2006 – 2007 21
Page 3 and 4: Thirty Four Years of the ServiceThe
Page 5 and 6: Organisational StructureSocialAccou
Page 7 and 8: Board of Directors & StaffBoard of
Page 9 and 10: FundingCommonwealthand State Recurr
Page 11 and 12: AdministrationLittle has changed wi
Page 13 and 14: Volunteer ProgramCurrent Night Serv
Page 15 and 16: Directors are outlined earlier, but
Page 17 and 18: and where there is a significant di
Page 19: In May an advocate/ guardian with t
Page 23 and 24: StatisticsAdvice & Casework Statist
Page 25 and 26: DOL Clients by Age65yrs&over50-64yr
Page 27 and 28: Director’s Declaration27
Page 29 and 30: Statement of Cash Flows for theyear
Page 31 and 32: Notes to and forming part of the Fi

St Kilda Legal Service Annual Report 2006-2007 - Community Law

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