MINUTES
DATE: 17 December 2009
Time: 2.30pm to 4.00pm
Venue: Victoria Legal Aid
350 Queen Street
Melbourne , Collingwood 3066
Present – Joh Kirby ( Chair), Bevan Warner, Hugh de Kretser, David Neal, Mark Woods, Antoinette Braybrook ( phone link) and Rachna Muddagouni( project manager)
Apology – Frank Guiverra
WelcomeJoh Kirby welcomed all the members / Action
Minutes of previous meeting
Amendment – Record Joh Kirby as an apology for the meeting
“That the minutes of the meeting held on 10 September be accepted with the amendments noted”.
Moved: Bevan Warner
Seconded: Antoinette Braybrook
Legal Assistance Dialogues ( report back and follow up work)
Bendigo Legal Assistance Forum
The inaugural Bendigo Legal Assistance Forum was convened in Bendigo on 12 November 2009.
The local forum follows statewide initiatives earlier this year to facilitate greater cooperation between legal and advocacy services. Presenters included the Victorian Aboriginal Legal Service, Consumer Affairs, Victoria Legal Aid, the Loddon Campaspe Community Legal Centre, the Regional Information and Advocacy Council and the Advocacy & Rights Centre.
The purpose of the forum was to promote the work of local agencies and enable the community to raise issues of concern in the justice arena.
A focus of the forum was the launch of the brochure Legal and Advocacy Services in the Loddon Campaspe Region – a single pamphlet listing all local legal and advocacy services.
Melbourne’s well known Fitzroy Legal Service also profiled its Law Handbook Online
Forum participants raised a range of local justice concerns including the problems associated with pay day lenders, understanding the legal system, young people understanding their rights, the need for migration advice services, and obstacles faced by victims of family violence.
Summary of outcomes from BLAF meeting
Issues identified:
- lack of community awareness in relation to legal process, the legal system and individual responsibilities
- cultural and linguistic barriers to accessing information
- rights not always explained
- need for credit reform in relation to pay day lending
- education awareness programs targeted at young people that outreach to youth services/locations
More than 70 people attended a very successful forum which explored some of the legal problems experienced by people with a disability, and began working on possible solutions.
The event was the latest initiative of the Victorian Legal Assistance Forum, formed last year to build collaborative relationships between providers of legal assistance services. It attracted the attention of Bill Shorten, Parliamentary Secretary for Disabilities, who sent a message of support and expressed keen interest in hearing about problems and road-blocks identified by the forum, as well as suggestions on how systemic issues could be tackled.
The event attracted a broad audience, including representatives from disability advocacy organisations, the Departments of Human Services and Justice, and the Commonwealth Attorney-General’s department. The emphasis on the day was on problem-solving and looking at co-operative ways forward, with each organisation present also having the opportunity to reflect on how they could change their own practices to make a difference.
Some of the issues that were identified as priorities for future work included: the needs of people with mental health needs or intellectual disabilities in prisons, who often ‘fall through the cracks’; how the justice system deals with so-called ‘nuisance offenders’ who get repeatedly fined and criminalised for their behaviours; and the need for better training for people working in the justice system in understanding and responding to the needs of people with a disability.
( Recommendations on the VLAF website and follow up meeting will be held in Feb 2010)
Proposed Regional Forums: Mildura, Hume Riverina and Gippsland
Mildura
Rachna met with the elders and visited a program run by Mallee Family Care in Wentworth for 137 people or 37 families. Very disadvantaged and isolated community with huge legal problems. There are border issues here and clients get charged on either side of the border and have to present at VLA or NSW courts. Bigger problems with young people and the cops.
So there was an agreement that we will establish the forum but invite NSW legal aid, Broken Hill CLC and the others covering border, VLA , private practitioners, VALS and equivalent in NSW, AFVPLS and the other service providers. Murray Mallee CLC has agreed to take the lead and Rachna will provide the organisational support.
We are looking at the week starting the 16 March 2010
Rachna will be visiting Hume Riverina and Gippsland regions over the next few months to establish contact with the agencies.
Planned Forums for the year
Discussion held on the themes proposed.
It is important to consider to undertake an evaluation next year. Rachna to develop a proposed plan for evaluation for consideration. Good idea to develop a survey using the survey monkey tool and emailing to the members on the mailing list.
Important to develop the plan for next year based on the recommendations from the evaluation.
VLAF is improving and increasing the capacity of the networks who can build on their existing work. VLAF should develop appropriate mechanism to disseminate the information from the forums and working groups. Working Groups may also pursue funding based on the joint work they may undertake.
Continue to develop checklist to ensure the opinion leaders are present at each of the forum.
Child protection is an important area to focus over the next few months in highlight of the other issues and the work undertaken by VLRC. Important to focus on Aboriginal Children, Koorie courts, the relationships and the process.
VLRC will undertake consultation of the stakeholders and it is important we support and provide a coordinated response. Bevan is member of the taskforce.
Broad agreement that VLAF should continue to raise issues from forums, support the working groups and also to disseminate the information to all relevant stakeholders.
Information should be updated on the website. / Rachna to follow up action
Working Groups ( report back and follow up work)
Agenda 4
CALD Working Group
Migration services
Unaccompanied Minor refugees – split family reunion visa
Approach for advocacy
- Discussion was held about the urgent situation of a small group of refugee unaccompanied minors who have recently come to Melbourne from Christmas Island. Department of Human Services are providing case management for these young people, however they are having difficulty settling at school and in longer term foster homes. A major issue for them is wanting to be reunited with their families. There is added urgency because once they turn 18 their legal status, access to juvenile justice and support services will change.
- The Federal Department of Immigration and Citizenship (DIAC) has suggested VLAF put together an options paper and proposed model by February 2010 for meeting these young people’s legal needs within the context of their broader social and health needs. There is a lack of migration agents (particularly those who are lawyers) to provide advice for these young people. The State Government is also expected to introduce initiatives to support young newly arrived immigrants further in future.
- Springvale/Monash have already responded by establishing a whole day clinic once a week which is assisting young people to prepare split family reunion visa applications. Funding for this program ends in April, so the service can’t guarantee follow up assistance beyond that time.
- Flemington Kensignton CLC also take on family reunion matters, prioritising minors, but referral options for people they don’t see are limited. A small number of other CLCs do migration agent work ( Warrnambool, Whittlesea, Springvale…)
- PILCH have identified two firms who are willing to take on some cases, once VLA confirms the matters fall outside legal aid guidelines.
- VLA civil lawyers have agreed to take on up to 10 matters in house.
- Helen, Rachna and Carman will draft an options paper/ model of service provision (in consultation with other members as relevant). Meeting to be held at Springvale/ Monash on 3rd or 8th Dec between VLA (civil lawyers), PILCH, DHS etc – Rachna to confirm date and time.
- Rachna will raise split family reunion issues with other states legal assistance providers at a joint LAF meeting coming up soon.
- Rachna will discuss with the Grants Team a possibility of relaxation of eligibility guidelines to be reviewed in 6 months from the VLA board (similar to the bushfires response)
CLE for newly arrived communities- best practice models
- Springvale Monash are developing materials for workshops
- Footscray have made some digital stories.
- VLA are hosting some seminars on legal issues in Shepparton, targeting African communities.
- It was noted that the approach to CLE is often piecemeal and on request (rather than proactive). We need to learn from each other and share information more effectively. A new Community Legal Education website through the Law Foundation should assist – contact Kathy Hope to post items.
- Ethnic Communities Council run governance and advocacy workshops, CLCs are a source of speakers for this.
- MonashUniversity are finalising a professional development course for interpreters on working in the legal (and another in the health) systems. There may be some scholarship positions, otherwise it is fee paying. Good relationship between interpreting school and Monash Springvale service already, however students’ languages don’t always match clients languages. The Monash course will be seeking guest speakers from legal aid and CLCs in the new year (and can pay them). There is also a broader workforce development strategy for interpreters being developed by the State Government (to include better remuneration etc).
Use of interpreters and translators
- Some use of telephone interpreters even when clients are at face to face meetings to save money. Clients often have to pay for translation of documents themselves.
- Meeting acknowledged that while bilingual workers can provide a good service in terms of community education, intake and information, it is important that accredited interpreters are used where clients are receiving legal advice and representation.
Legal Referral Working Group
Data – Discussion on the data provided by the organisations
VLA data - Karen West from VLA provided an overview of the data and made a few observations
VLA does not currently a good data collection tool but that will change with the new CPMS and Base program. It will accurately provide information on the type of referrals, from where, gender, age and other information. The data presented is only a snap shot. Of the 750 calls taken, 676 relevant and may have had more than one legal referral per call. 339 referrals made internally, 153 to CLCs ( may include PILCH) , 57 to private lawyers and 100 to other referral bodies.
Similarly short sample provided for the Bushfire Legal Help
Discussion on the referrals to the regional office and how VLA’s phone system needs some improvement to respond to the calls to avoid the merry go round effect.
Michelle from PILCH provided some information on their data for the year.
Of the 1785 referrals taken, 275 referred to firms, 536 through Bar scheme and 648 to the LIVLAS scheme.Information also provided on the areas of law
Thanks to Mark Courtney on the CLC data. The CLSIS does not capture accurate information. Many CLCs have to often refer out all the enquiries they do not capacity to work on the legal issues.
Annie Nash – was keen to understand what the outcomes of the referrals were? It would be good to undertake some longitudinal study with a few clients what the outcome of a good referral was and how it changed their life. We should consider that as a project for the future.
Discussion on what makes a warm referral. It was interesting to note every organisation has policies to guide their practice and it would be good to identify if there are any gaps in the system
LIV provides referral to their members( three firms ). This cannot be done by other providers as we do not want to be seen as recommending any particular provider.
The sector should consider both qualitative and quantitative outcomes.
Telephone referrals can be difficult as we need staff who can pick up in mental health or other social issues to ensure we provide accurate referrals.
Annie Nash – talked about having a single entry point – Law Access model and VLA will be best placed on taking up a lead role
Robin Inglis from FLS raised issues about understanding and evaluating how well Law Access model will work for Victoria.
We should be clear this needs additional resourcing and not taking resources off agencies to set up this model
Staff from Law Access and Nurses on Call ( Annie to organise) to present at the next meeting
Referrals for CALD groups – resources and limitations
Issues were raised about use of bilingual staff and interpreters for providing information to clients with limited English skills. Carman Parson from VLA has submitted some information to DOJ to provide some feedback on funding interpreters and translations services for VLA and CLCs. Monash students are looking at getting some data from CLCs on the number of bilingual lawyers employed in the sector
Training should be explored further for bilingual staff who want to take on role of interpreters.
Telephone line for Prisoners
Prison Working Group are exploring the Queensland model and how we can work with the stakeholders on developing an effective phoneline for prisoners alone. It will be a advice service rather than a information service
Referral pathways for credit and debt issues
CALC happy to support with some training for referral workers to ensure that they make the appropriate referrals as half the problem will be sorted out that way. However Annie recommended for VLAF to be a central coordination point for information flow and also to be a hub for staff to access information. FLS and VLF also play an active role in coordinating and collating information for the sector
Bushfire Legal Help
The partners have agreed to provide a coordinated and cooperative service if there is another fire disaster. This can be provided only subject to funding. VLA will continue to provide the phoneline till end of March 2010. VLF will maintain the website and factsheet. VLA may take on limited casework ( Civil section) and PILCH can support with the referrals. However note many firms will be conflicted out and probono will dry. LIV can support the project ( members can assist with free legal advice). VicBar can also assist with secondary consultation and support. Rachna will continue to provide project management support.
Feedback and suggestions from Main Forum – VLAF
Staff who work in the legal referral lines should have the opportunity to visit other organisations and spend a day or two understanding the work of other organisations. This will support the referral process. It is not possible to have it as a single day but Rachna will develop a system and ensure we can get staff to have observational placements
Resources
LHB online has referral directory. VLA will soon be releasing service directory which CLCs can access through intranet. VLF also has information for the community to access to ensure they know whom to access when they have legal problems.
Publication and CLE Working Group
Meeting to be held on the 9 December. Main issues for discussion is the online resources and development of CLE material for newly arrived communities.
Prison issues
The Prison Working Group will meet on the 9 December to follow up the issues raised at the forum. Corrections Victoria have agreed to meet early next year to follow up some of the issues raised at the forum. We will put an invite out to the different agencies seeking representatives to attend the meeting with Correction Victoria. Letter has been forwarded to OoH to discuss the issues of housing for young people who are incarcerated for 4 to 5 months but are taken off the Oo H Public Housing waiting list – as the OoH consider prison as stable housing.
General discussion held and few ideas raised:
VLAF should prioritise the work undertaken by Legal Referral Working Group and Publication and CLE.