Annual Report 2010
Refugee and Immigration Legal Service
A service based on the belief that access to appropriate legal assistance and equity in legal representation is a basic right of all people from disadvantaged backgrounds. We strive for access to justice especially for migrants, refugees, asylum seekers and people from marginalized sections of society
Annual Report 2010
Introduction
About Rails
The Refugee and Immigration Legal Service (RAILS) is a leading non-profit community legal centre specializing in Australian immigration and refugee law and community legal education. RAILS is the only specialist provider of free legal advice to migrants and refugees in Queensland.
RAILS was originally funded in 1980 (as South Brisbane Legal Service, later known as the South Brisbane Immigration and Community Legal Service Inc) and since that time it has provided advice and assistance to a wide range of people in need, including onshore and offshore refugees and asylum seekers, migrants, migrant women suffering from domestic violence, Australian citizens seeking to sponsor relatives in need, spouses and employees.
RAILS is part of the national Community Legal Centre movement and obtains core funding from State and Commonwealth Legal Aid, the Department of Immigration, as well as project funding and donations.
RAILS Values
We believe that access to justice is a basic human right
We value the diversity of people and a diverse community
We work within an empathetic framework that is responsive to our client’s needs
We are committed to empowering our clients, our community and each other to challenge unfair government decisions, and to persist in achieving lasting results and solutions
We value and maintain an ethical legal practice that is accountable to our clients, to our community, our funding bodies and to each other
We are committed to remaining independent in what we do, free of government influence, and through this we provide access to justice
We are committed to efficient operation of our Service that achieves a balance between our competing priorities within our limited resource base
RAILS Objectives
Provide a community based legal service that meets the needs of asylum-seekers, refugees and disadvantaged migrants;
To reduce the unmet need for migration and refugee legal services by harnessing the good will of the community;
Operate independently, responsively, effectively, efficiently and collaboratively as a viable Community Legal Centre;
To ensure our client’s best interests are represented in the formulation and application of refugee and migration law, policy and procedures; and
Increase awareness in the community of refugee and migration issues.
Management Committee’s profile
Karl Manning – President
Karl Manning is a lawyer and manager who has a long history working with community legal services. He spent 7years with the Aboriginal and Torres Strait Islander Legal Service in Brisbane where aside from undertaking a casework role, he held the positions of Principal Legal Officer and Acting Chief Executive during his time there.
He has a 13 year association with the Refugee & Immigration legal Service where he commenced as a caseworker in 1997/98, worked as a volunteer advisor and then assumed a role with the Management Committee as Treasurer in 2000 and a year later as President.
Through his work in the community sector he has participated in various high level government or legal industry committees dealing with reform, strategy or stakeholder liaison.
Karl has worked with the Commonwealth Public Service and the Queensland State Government in various roles but maintains a special interest in the management of community organisations, in particular, RAILS.
Russell Hinchy (Secretary resigned in July 2010)
Russell is a Law lecturer at the University of Queensland. Russell first joined the management committee in 2004 as follows: 2004-2005 (member); 2005-2006(Secretary); 2006-2007(member) and 2007-early 2010 (Secretary).
Paul Tavatgis – Secretary (from July 2010)
Paul worked with Amnesty International for five years and joined the RAILS management committee during Amnesty’s Refugee Campaign
in 1998 and at different times has been Treasurer, Chair and most recently Secretary of the RAILS MC. Since 2002 he has worked in the area of fundraising for charities and not-for-profit organisations.
Lucia Brown – Treasurer
Lucia is a Certified Practising Accountant with a Bachelor of Commerce from UQ. Lucia has worked in the private, public, and community sector and has joined the management committee of RAILS as
Treasurer. Lucia has joined RAILS as she is committed to human rights andbelieves RAILS does important work in assisting refugees
Nitra Kidson – Member
Nitra is a Barrister in private practice. Nitra first joined the South Brisbane Immigration and Community Legal Service (now known as RAILS) as a solicitor/caseworker in 1996. She advocated on behalf of clients and also represented the organisation at the Refugee Council of Australia and many other forums.
Jeff Giddings – Member
Jeff is a Professor in the Griffith Law School and has been involved in CLCsin Victoria and Queensland for the last 25 years - as a volunteer, salaried lawyer and as a management committee member. He joined the RAILS Management Committeebecause of concerns with the way the Howard Government was treating refugees.
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Costantin Mukendi – Member
Costantin arrive in Australia in 2004 from the Congo. He is an active member of the Congolese community in Brisbane. He is also the President of the AusCongo Inc. network.He also works as the Bi/cultural/Bi-lingual Community Education Coordinator at Harmony Place. He first joined RAILS management committee in 2007 and he brings his personal experience, the views of his community and therefugee experience.
Wendy Cull– Member
Wendy is a magistrate in general practice, interested in consumer law, community legal services and access to justice for marginalised people. Wendy joined the management committee in 2008.
Andrew Bartlett - Member
Andrew Bartlett served as a Senator for Queensland from 1997-2008. He is also on the Management Committee of ANTaR (Qld) and the Multicultural Development Association. He first joined RAILS management committee in 2008.
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Our Staff
Raquel Aldunate – Director
Magdalena Dzienis – Caseworker
Ismail Essof – Community Legal Education officer
Karina Fonseca Ramirez– Administration and Finance Officer
Bunu Gautam – Caseworker
Robert Lachowicz – Acting Principal Solicitor/Education Coordinator
Darryl Sean McNeill – RFR caseworker
Michaela Stagl – Business and Finance Manager
Eric Tagarari – Practical Legal Training (PLT) student
Bruce Wells – Caseworker
Reports
President’s Report
Dear Members
RAILS continues to provide specialised immigration legal and community services to disadvantaged people. As we aim to support our vibrant and diverse community, each year this annual report highlights the very important services and programs that RAILS provides.
Thanks to staff and volunteers
As always and simply put, the demand for services has always outstripped RAILS’ resources. Without the significant contribution of RAILS’ volunteers we would not be able to deliver the services that we do. Meanwhile the commitment of RAILS’ daytime staff ensures the continued delivery of high quality services and programs for the benefit of clients and community.
Once again, on behalf of the management committee and the community we represent, thank you to all staff and volunteers for everything you have done for RAILS during this past year.
Organisational Status
A further year has passed where a high volume of specialised legal services and a range of project work have been delivered to the community.
Last year I reported that following meetings with staff the need for day to day operational and human resource issues to be addressed more actively and comprehensively was necessary. Soon thereafter in the face of significant changes to award wages, the Management Committee resolved to commission a full organisational review which was conducted by respected independent consultant Helen Twohill.
The Twohill Report was received by the Management Committee in May 2010. The report contained 22 recommendations directed towards reshaping RAILS into an organisation that would be sustainable and be best placed to deliver its services efficiently with limited resources. All 22 recommendations were adopted by the management committee and with the support of the Director have now been substantially implemented. This underscores an effort on the part of the management committee and the Director to set RAILS on a safe course financially and from a HR systems, structures and processes point of view.
(The Twohill review recommendations are extracted at the foot of this report).
Strategic and Operational Planning
We continue to meet our service delivery objectives and we are delivering services in accordance with our stated charter. A fresh planning process is proposed to be conducted by the management committee early in the coming year.
Services Provided
Ongoing demand for services is an annual theme of this report. Due to the nature of the visa system there are often urgent cases that must be completed. Casework guidelines and the efficient functioning of evening advice sessions are critical for case flow intake and management to help to streamline the influx of cases. Nonetheless, there is always more that could be done. This year case work guidelines have been reviewed and determined to be appropriate. The professional administration of these guidelines is a challenge for the service in the coming year.
Management Committee
As always I would like to thank and acknowledge my fellow Management Committee members who have deliberated over some extremely challenging subject matter this year whilst always keeping the best interests of RAILS, its staff and its client base at heart.
This year the majority of Management Committee members have been involved in sub-committees, recruitment processes, operational reviews and other tasks that have seen countless additional hours volunteered above those already devoted to the functioning of the management committee. In particular, I would like to warmly thank and acknowledge Nitra Kidson who has made an incredible contribution in these roles during the past year.
Special thanks from the Committee to Raquel Aldunate who as RAILS’ Director has provided the committee with clear and professional support and engagement during this reporting year.
I would like to acknowledge the contribution of Costa Mukendi for bringing a community perspective to the committee’s deliberations.
Particular thanks to Committee Members Jeff Giddings, Wendy Cull & Andrew Bartlett who have indicated they will not be seeking further nomination on the management committee in the next financial year and I also acknowledge and thank Russell Hinchy who resigned from the management committee earlier this year after some five years as the Committee’s Secretary.
Meanwhile thanks to the very resourceful Paul Tavatgis for taking on the role of Secretary following Russell’s resignation and welcome to Lucia Brown, our able new Treasurer for most of this past year.
Finally, this year I will not be seeking a further nomination to the Management Committee for the year to come and I would like to take this opportunity to thank everyone I have worked with over the years since my association with RAILS commenced in 1997/98 as a caseworker and thereafter as a volunteer. In 2000 for a year I was the Management Committee’s Treasurer and subsequently became President for the years to follow.
The Way ahead
Following changes to award entitlements RAILS has designed its budget in line with the Twohill Review recommendations in order to provide appropriate wages and entitlements for staff into the future. RAILS will maintain existing services and projects subject to funding constraints.
I hope that the implementation of the recommendations of the Twohill Review will ensure that RAILS has a safe and bright future. A new rigour has been applied to the way we do things so as to address the ever present challenge of ensuring that we are doing the best we can with our available resources.
The consideration of future accommodation options for the service remains a regular topic for the management committee to consider. The cost of rental for RAILS’ downstairs office space has increased which will cause the service to re-evaluate accommodation options in the coming year.
After so much change and consolidation this past year, RAILS needs to bed down and strengthen its systems and processes. The future is positive yet we face some challenges. We need to continue to look after and appreciate our wonderful staff and volunteers who do so much for our clients and the community.
In closing, I remain confident that the remarkable persistence of all those who work with RAILS will continue to drive the service forward into yet another exciting and challenging year for all.
Yours in vibrant diversity & best wishes for the future.
Karl Manning (President)
Recommendations to RAILS by Helen Twohill in May 2010
R 1: That RAILS examine the negotiation of a RAILS Enterprise Agreement under the Fair Work Act 2009 to protect against the minimum provisions of the modern award.
R 2: That the Management Committee decide the core funding of RAILS.
R 3: To strengthen and secure the future funding base of RAILS it is recommended that RAILS adopt and implement a consistent funding formula.
The approach adopted with the Legal Aid funding is suggested as the basis for the future funding formula for RAILS i.e.; Salary + 24% on costs + 30% operating costs.
R 4: It is recommended that the current staffing arrangements be reviewed once a core staffing model is decided by RAILS.
R 5: That RAILS determine a percentage of funding for provisions / salary on costs.
R 6: That RAILS determine a percentage of funding for operating costs.
R 7: That RAILS adopt and implement a budget formula of salary plus 24% on costs plus 30% operating costs to strengthen and maintain the effective operations of RAILS.
R 8: That RAILS as a matter of priority review the finance and administrative responsibilities of the organisation in terms of the options presented to clarify roles, functions and responsibilities and to reflect these in updated positions descriptions.
R 9: It is recommended that in line with the Management Committee decision that RAILS strive to move to full time positions and overall reduce the use of contract employment.
R 10: That RAILS review existing Human Resource Management policies and procedures to ensure that they incorporate provisions regarding flexibility.
R 11: That the issues of funding and resources including the suggestions made be examined as part of the overall review of core funding and allocation.
R 12: That the Director and the Principal Solicitor ensure that workloads including individual caseloads are equitable and manageable for all staff.
R 13: That RAILS update the HR policies and procedures of the current Policies and Procedures manual. This update should include clarification of the policy regarding the working of overtime (TOIL) and flexible working hours.
R 14: That the Policy and Procedures manual be updated to incorporate the 2009 restructure and consequential changed reporting arrangements as well as more recent decisions of the Management Committee. Further that a process be initiated and responsibility allocated to ensure that the manual is kept up to date.
R 15: That the formal supervision of staff be strengthened with regular one to one supervision of all staff, performance appraisal as well as annual performance review.
R 16: That RAILS refine or re define priorities regarding casework.
R 17: That the suggestions regarding enhancements to casework be assessed by RAILS and where viable implemented.
R 18: That RAILS examine current casework allocation processes, practices and service delivery methodology to ensure that they are optimal and equitable.
R 19: That RAILS improve efficiency through the upgrade of computer operating systems and hardware as well as examination of issues relating to existing computer systems and suggested enhancements.
R 20: That each annual budget include an allocation for staff training and development.
R 21: That each staff members training and development needs be assessed each year through the staff performance appraisal process.
R 22: That RAILS review suggestions to maximise the effective utilisation of volunteers.
Treasurer’s Report- Lucia Brown
Overall RAILS made a small profit in 2009/10. The 2009/10 financial statements were audited and received and unqualified audit.
The major impact on the financial position of RAILS has been the State Award salary increases due to the pay equity decision.
RAILS went through an extensive review process of its financial viability as a result of the above decision and will continue to plan for ongoing financial sustainability in the future.
(The completed audited report 2010 is available for further information)
Director’s Report
It is with great anticipation that I write this report and with the hope that the years to come bring the much needed growth in the funding arena to this very important and unique organization.
I re-joined RAILS last year in October 2009 at a time of great change in the State industrial arena. RAILS, as with most non-government agencies, was affected by an important decision in the industrial arena regarding the State Awardand salary increases aimed at pay equity.The landmark pay equity decision has had an effect on many organizations including RAILS, particularly as the funding bodies (State and Federal) have not fully funded the resulting increase in salaries.
RAILS had to consider its financial viability as a result of this decision and engaged in an evaluation that brought a restructure during 2010. In practical terms this restructure has meant that we have lost the equivalent to 2.1 full time caseworker positions, have streamlined our administrative/financial roles, reviewed service delivery policies and the role of volunteers in the agency, to name a few of the changes.