2016

Thursday 13 October 2016 Strangers’ Dining Room Parliament House Macquarie Street, Sydney A message from the Chair

Welcome to the 2016 Justice Awards, a highlight of the justice calendar and a very special occasion for all of us. It is a pleasure to be able to publicly acknowledge the extraordinary commitment of all award nominees. The Justice Awards form only a small part of the work of the Foundation. Since its creation by the Law Society in 1967, the Foundation has made a vital contribution to shaping the legal landscape in NSW and beyond. From providing essential funding for the establishment of the College of Law and AustLII, and creating the Public Interest Advocacy Centre and the Legal Information Access Centre, to pioneering the use of plain legal language, the Foundation’s influence has been significant. Our research identifying legal needs and what works to address those needs, including most notably the landmark LAW Survey, informs policy and practice across the sector. The Foundation has established a unique evidence base and expertise that continues to support the planning, development and implementation of cost-effective legal assistance service delivery. Our grants program allows us to combine the latest research with innovative community-initiated programs to help determine ‘what works’ to improve access to justice. Many of you here tonight have been part of the Foundation’s work, and I’d like to take this opportunity to thank you for your valuable partnership. In 2017, we will be marking our 50th anniversary with a number of activities, including a research seminar and an Anniversary Grants Program. Our research seminar will bring together policy makers, practitioners and researchers with a shared interest in the delivery of legal assistance services. The Anniversary Grants Program will adapt our existing grants program to identify a new service initiative that addresses a priority legal need in the community, to trial that initiative and evaluate it so that lessons can be learnt and applied across the justice sector. You can visit our website for updates on what will be happening in 2017. We invite you all to participate in our anniversary activities and we look forward to continuing our relationship in the future. I congratulate all of our nominees this year and wish you all a wonderful evening.

The Hon. Paul Stein AM QC 5 5 Chair, Board of Governors YEARS YEARS Law and Justice Foundation of New South Wales

Smaller ‘man’ logo - Square shape Larger ‘man’ logo - Square shape w/ dark orange line w/ lighter orange line

5 5 YEARS YEARS

Smaller ‘man’ logo - Rectangle shape Larger ‘man’ logo - Rectangle shape w/ dark orange line w/ lighter orange line Welcome to the 2016 Justice Awards

The Law and Justice Foundation’s annual Justice Awards recognise the contributions of individuals and organisations to improving access to justice in NSW, particularly for socially and economically disadvantaged people. The Awards presentation is a unique opportunity for the Foundation to highlight the achievements of so many, and for our guests to celebrate and congratulate them.

Program for the evening 6.30pm Welcome Welcome to Country by Aunty Norma Ingram Entrée Presentation of the LIAC Centre of Excellence Award Presentation of the Community Legal Centres NSW Award Presentation of the Law and Justice Volunteer Award 7.45pm Dinner

8.15pm 2016 Law and Justice Address by Stan Grant Dessert 9pm Presentation of the Pro Bono Partnership Award Presentation of the Aboriginal Justice Award Presentation of the Justice Medal 10.00pm Closing remarks

1 Your host this evening The Hon. Paul Stein AM QC Chair, Board of Governors, Law and Justice Foundation of New South Wales The Hon. Paul Stein has been the chair of the Law and Justice Foundation of New South Wales since 2005. He became a judge in 1983 and was appointed to the Land and Environment Court in 1985. In 1997, he was appointed to the Court of Appeal where he remained until his retirement in 2004. Paul has undertaken a number of reports and reviews for the NSW government and is the former chair of the board of the Environment Protection Authority. He has chaired numerous committees and associations, in particular the Council of the Community Justice Centres and the National Consumer Affairs Advisory Council. He has written extensively on environmental law, administrative law and consumer law, as well as on human rights and discrimination.

The 2016 Law and Justice Address Stan Grant Stan Grant is a Wiradjuri man who has made an important contribution to Australia through journalism and activism. Over three decades in journalism, Stan travelled extensively, reporting from war zones in Iraq, Afghanistan and Pakistan. He worked for the ABC, SBS, the Seven Network, Sky News and CNN International. He has received numerous prestigious international and Australian journalism awards, including a Walkley Award in 2015 for his coverage of Indigenous affairs. He is the author of two books, his memoir The Tears of Strangers and the bestselling Talking to My Country. Stan is the Indigenous affairs editor for Guardian Australia, host of the news and current affairs program The Point on NITV, Chair of Indigenous Affairs at Charles

Photo: Kathy Luu Kathy Photo: Sturt University and a member of the Referendum Council. Earlier this year, a powerful speech Stan delivered on racism went viral and it has now been watched more than 1.7 million times. Your MC this evening Damien Carrick Damien Carrick is the long-time presenter and producer of The Law Report, ABC Radio National’s weekly legal current affairs program. Currently on secondment to Radio National’s Background Briefing, Damien’s additional ABC Radio work includes reporting on current affairs and guest hosting Sunday Extra. Damien is the recipient of numerous awards, including the UN Media Peace Prize for Radio, the Australian Human Rights Commission Radio Award and the Victoria Law Foundation Legal Journalist of the Year Award. His work on the Law Report has been twice nominated for Walkley Awards. Damien has been awarded a number of fellowships, including the Qantas- European Union Journalism Award in 2004 and the ABC/Reuters Institute for the Study of Journalism Fellowship at Oxford University in 2012. Prior to working in media, Damien was a lawyer.

2 LIAC Centre of Excellence Award

The winners are:

Richmond-Upper Clarence Tamworth City Library Regional Library Tamworth is the major regional centre Richmond-Upper Clarence Regional for the New England region. It is best Library is located in Casino, in the known for its music festival but it is Northern Rivers area of NSW. With a also home to a mix of cultures as it is a Presented by: population of almost 12,000, Casino is resettlement area for new immigrants the rail and freight hub of the far north and refugees. This year, Tamworth City Philippa Scarf coast, and is known as the beef capital of Library tailored its Law Week program Manager, LIAC Australia. The annual 10-day Casino Beef to the multicultural community. After State Library of NSW Week Festival features over 100 events, consultation with community groups attracting tens of thousands of visitors including Multicultural Tamworth, from rural NSW. The library used the the library hosted an event, ‘Legal Sponsored by: occasion to raise awareness that libraries information for Tamworth’s multicultural community’. Local legal assistance Legal Information Access provide free, up-to-date, relevant and easy-to-understand legal information. service providers gave talks on relevant Centre (LIAC), State Library It promoted the Find Legal Answers topics, including driving, tenancy and of NSW service, distributed legal information, employment. displayed the Find Legal Answers Tool The library also held an information Kit available in all NSW libraries and booth in its foyer during Law Week, LIAC manages the Find Legal provided material on a range of relevant staffed by NSW Fair Trading and Answers service, which topics, including environmental law and Legal Aid NSW. It was so successful, provides free access to legal disputes with neighbours. Taking its responding to over 100 questions from information online, in NSW legal resources into the community, the the community during the week, that it public libraries and through library was able to reach a much larger has led to the establishment of a regular partnerships. The Find Legal number of people, including those from information booth in the library, staffed Answers Service began as a remote areas of NSW. by NSW Fair Trading. joint initiative of the State Library of New South Wales and the Law and Justice Foundation of New South Wales. The Centre of Excellence Award recognises innovative and creative projects that increase community awareness of and access to the Find Legal Answers service. www.legalanswers.sl.nsw. gov.au

3 Community Legal Centres NSW Award

The nominees are:

Arts Law Centre of Australia Elizabeth Evatt Community Artists in the Black workshops Legal Centre Presented by: The Arts Law Centre of Australia’s Artists Bushfire insurance and risk in the Black program delivered a series assessment education project Nassim Arrage of seven workshops to Aboriginal In the aftermath of the October 2013 Chairperson community members in regional NSW Blue Mountains bushfires, residents, Community Legal from 2013 to 2015. Focusing on the community organisations and local fundamentals of legal protection for Centres NSW services identified underinsurance as Aboriginal art, stories and cultural a significant issue. In response, the heritage, the workshops empower Elizabeth Evatt Community Legal Centre Sponsored by: people to use new technology (EECLC) in Katoomba developed a for collecting and storing cultural project to educate people about chronic Community Legal knowledge. Approximately 100 underinsurance and to encourage Centres NSW Aboriginal participants from seven improved individual risk assessment. diverse Aboriginal communities in NSW As well as helping the local community learnt about Indigenous cultural and prepare for any disaster in the future, the intellectual property issues, as well as project aided recovery through sharing copyright, contracts and wills. Due to experiences. More than 200 people The Community Legal the position in their local communities attended sessions in four key locations Centres NSW Award this year of many who took part – many elders across the Blue Mountains. Now, each is presented for a project attended – the grapevine effect of this year at the beginning of fire season, in a NSW community legal work is significant. EECLC delivers this community legal centre that demonstrates Environmental Defenders education. outstanding commitment to Office NSW improving access to justice Immigration Advice and in NSW, particularly for Have Your Say educational decision- Rights Centre socially and economically making initiative Forums for community workers disadvantaged people. Have Your Say, an initiative of the working with migrant women Environmental Defenders Office experiencing domestic violence Community Legal Centres (EDO) NSW, encourages community NSW provides secretariat Community workers often feel engagement in environmental planning overwhelmed by the complexity support to NSW community decisions. EDO NSW found that local of legal and immigration processes legal centres working for the communities want to be involved in facing migrant women experiencing public interest, particularly decision-making on environmental family violence. In response to this, for disadvantaged and issues but often lack knowledge about the Immigration Advice and Rights marginalised people and how to take part. Have Your Say was Centre (IARC) and the state peak body communities. designed to bridge the gap between the Domestic Violence NSW (DVNSW) community’s interests and capabilities. partnered to run forums for community www.clcnsw.org.au The project consists of community workers in metropolitan and regional workshops, an online toolkit, online NSW working with migrant women listings of events and weekly email and children. The forums explored alerts. Fifty workshops have been the barriers community workers and delivered to more than 1,760 people clients face when trying to access legal since the start of 2014. The Have Your advice. This project improves workers’ Say website now has around 1,000 views knowledge and increases IARC’s ability per month. to advocate more strongly on the issue.

4 Inner City Legal Centre Redfern Legal Centre Women’s Legal Service NSW Special Medical Procedures Project Aboriginal Health–Justice Sense and Sensitivity project The Special Medical Procedures Project Partnership The Sense and Sensitivity project saw run by the Inner City Legal Centre The Aboriginal Health–Justice Women’s Legal Service NSW (WLS (ICLC) has provided legal advice and Partnership (HJP) between Redfern NSW) research on subpoenas in family representation for transgender young Legal Centre (RLC) and Sydney Local law matters. Sexual assault and family people and their families since 2013. Health District is the first hospital-based violence victims do not receive any Australian law places limitations on a HJP in NSW. Twice a week, a RLC solicitor special confidentiality protection in parent’s or young person’s ability to provides legal assistance to patients family law. The exposure of counselling consent to medical transition from at the Royal Prince Alfred Hospital and records in family law proceedings can one gender to another and there is trains hospital staff in identifying legal be re-traumatising for survivors and court oversight of several stages of issues. The hospital provides space, deter them from seeking professional medical transition. Project workers support staff and booking facilities help. Through the court system this obtain expert advice from psychiatrists, for solicitor appointments. Clayton information can also be used to endocrinologists and other Utz provides pro bono assistance humiliate, denigrate and undermine specialised medical and mental health for ongoing casework when RLC has the victim. The research looked at how professionals, some of whom now insufficient capacity. In the first six counsellors and other professionals frequently refer clients to ICLC. Capacity months, 62 vulnerable patients received respond to subpoenas, the difficulties is increased by pro bono assistance from legal assistance and 220 health staff they experience and what needs to be Dowson Turco Lawyers. ICLC solicitors attended 12 training sessions. Almost done to assist clients and workers. The have also delivered community 50 per cent of patients seen were final report raised awareness of the legal education on special medical experiencing domestic violence, the need for sensitivity and understanding procedures and other transgender legal second most common issue being child of the effects of domestic and sexual issues to parents’ groups, LGBTIQ youth protection. The partnership directly violence among family law practitioners. groups and community groups. assists Aboriginal people who may not otherwise seek legal support and also Kingsford Legal Centre trains health care workers so they can Employment Law Clinic provide patients with legal referrals at an earlier stage. The Employment Law Clinic at Kingsford Legal Centre uses every Tenants’ Union of NSW tool available to help disadvantaged clients: advice, casework, community Residential Parks Law Education legal education, law reform and Project campaigning, community work, The Tenants’ Union’s Residential Parks research, volunteer solicitors and a pro Law Education Project educates bono clinic. The clinic is targeted at low residential park residents and key income, vulnerable workers and early community organisations to strengthen intervention is its key goal. To date, the this particularly vulnerable group’s clinic has taken on 797 cases and given ability to advocate for itself. The advice to 5,800 people. The clinic has Residential (Land Lease) Communities also provided education seminars for Act 2013 affects an estimated 35,000 marginalised community members, people living in 486 residential campaigned for law reform, and parks across NSW. Many are elderly established community partnerships retirees, economically disadvantaged, to address root causes of employment geographically isolated and facing issues for different groups. often-increasing site fees. Between 2014 and 2016 nearly 1,000 people attended education sessions and visits were made to more than 100 parks. Nineteen factsheets were published and 9,000 Outasite newsletters distributed. The Tenants’ Union sought advice from park residents on every aspect of the project from website design to where to hold information sessions.

5 Law and Justice Volunteer Award

The nominees are:

Judith Barry Intellectual Disability Rights Nominated by Paula Abram Service Volunteers Mission Australia Court Support Nominated by Janene Cootes Service Intellectual Disability Rights Service Judith has been a Mission Australia More than 100 volunteers at the Court Support Service (MACSS) Intellectual Disability Rights Service Presented by: volunteer for nine years, helping victims (IDRS) support people with intellectual and their families by providing court disability in the court system across Chrissa Loukas SC support to well over 1,000 people Sydney and in the Illawarra, Shoalhaven, Treasurer throughout greater Sydney. For the Hunter, Riverina, Mid North Coast, New South Wales past six years, she has consistently Southern Highlands, Central Coast Bar Association attended Burwood Local Court two full and Central Tablelands regions. New days per week and more if needed. volunteers join each year, all of whom In one month this year, she helped commit to two to four days’ training. Sponsored by: 97 victims in court. Of these, 63 were Many IDRS volunteers have been with from a CALD (culturally and linguistically the service for more than six years, New South Wales diverse) background. Judith explains during which time they have developed Bar Association legal terminology and rights to exceptional skills to assist their clients. ongoing assistance. She advocates Volunteers are adept at finding solutions in court for people’s needs, provides to their client’s problems, for example, The Law and Justice Volunteer emotional support and assists with shopping for clothes with clients who Award is presented to an referrals to counselling and avenues are dressed inappropriately for court individual or group who, for compensation as required. or meeting with Centrelink to secure a in a voluntary capacity, has Previously, Judith worked at Sydney client’s proof of income documents in demonstrated an outstanding District Court, assisting victims order to receive Legal Aid support. commitment to improving in emotionally challenging and People with intellectual disability are access to justice, particularly demanding matters such as domestic among the most socially disadvantaged for socially and economically violence, sexual and physical assault, in the community. When interacting and dangerous driving occasioning disadvantaged people. This with the complex court system, often death, where she has provided valuable with low literacy and no legal assistance, may have occurred in a range aid to grieving families. they are highly vulnerable to unjust of activities over an extended outcomes. Without the help of the period, or in a single significant IDRS volunteers, most would be left to activity. Nominees must not be navigate the system on their own. current legal practitioners. The IDRS volunteers are highly regarded The New South Wales Bar by court staff. One solicitor said it was Association is a voluntary ‘like having an interpreter at court’. association of practising barristers. Its aims include promoting the administration of justice and making recommendations with respect to legislation, law reform, rules of court, and court business and procedure. It has a strong commitment to pro bono work through its Legal Assistance Referral Scheme and through the pro bono work carried out informally by members. www.nswbar.asn.au

6 Janette Perram Women In Prison Advocacy Nominated by Christine Strachan Network Volunteer Mentors Burwood Community Welfare Nominated by Jennifer Lonji Lubwa Services Inc. Women In Prison Advocacy Network For more than 25 years, Janette has The volunteer mentors of the Women in committed a day a week to volunteer Prison Advocacy Network (WIPAN) work at Burwood Court’s safe room, the to support women in the corrective ‘Shine room’, expressly to work on services system. For many women Apprehended Domestic Violence leaving prison, having the support and Orders (ADVO) cases. Janette has guidance of a WIPAN mentor is crucial assisted thousands of marginalised to making the difficult transition to the and vulnerable women and families community following their release from to obtain legal protection from the prison. courts. Janette meets, greets, settles Although from a range of backgrounds, and emotionally supports women and, WIPAN’s mentors share a non- often, their children. She assists with judgemental nature and the will to paperwork, obtaining interpreters contribute, committing to the program and resources. Her role extends to for at least 12 months. Many have full- keeping women informed about time careers, are completing studies court procedures, processes and their or caring for families. As a direct result rights. Janette has been exceptionally of the support the mentees receive, supportive of Aboriginal women and they are better able to adhere to the women from CALD (culturally and conditions of their probation and linguistically diverse) backgrounds parole. In many cases, mentors assist as well as those with disability. Her mentees in finding secure housing, work involves long days and situations undertaking further study, obtaining that can be emotionally challenging, employment and, crucially, regaining as victims seek to navigate daunting visitation or full-time carer’s rights of courtroom situations and complex their children. legal issues. In many cases, her support can make the difference to a case proceeding.

7 Pro Bono Partnership Award

The nominees are:

Cancer Council NSW & The partners share expertise and Mid North Coast Cancer resources. Eight Kemp Strang lawyers are involved in the project, Institute with Donovan Oates undertaking client interviews, preparing Hannaford Lawyers client statements, performing legal In response to unmet legal need among research and drafting detailed legal Presented by: people with cancer, Cancer Council submissions. All matters remain under NSW initiated a program that sees the supervision of HALC solicitors and John Corker partnerships formed with law firms to HALC has provided relevant training in Director provide legal services to patients, often migration law to Kemp Strang lawyers. on an urgent basis. One of the first firms Australian Pro Bono Marrickville Legal Centre Centre to join the program when it was rolled out in Port Macquarie in 2010, Donovan with Sparke Helmore, HWL Oates Hannaford responds to every Ebsworth, MinterEllison and Sponsored by: request to provide legal assistance to Santone Lawyers cancer and palliative care patients of Australian Pro Bono the Mid North Coast Cancer Institute The Employment Law Advice Clinic Centre and across the Hastings area. They have began in 2011 as an innovative never turned down a case. A lawyer partnership between Marrickville Legal Centre (MLC) and Sparke Helmore, This award is presented to will travel, often within the hour, to a home or hospital to help a person with expanding to include three more firms. private law firms, community end-of-life legal matters. This involves It operates on a weekly basis with organisations and/or sensitivity to their needs and taking solicitors from each law firm rostered to community legal centres that the time to understand someone who attend MLC for half a day once a month. have developed an outstanding may have difficulty communicating. The solicitors provide legal advice on a pro bono legal assistance Documents are drawn up immediately wide range of employment law issues. and brought back so the person can The clinic services a wide variety of relationship resulting in clients with a focus on assisting the improved access to justice for sign them and be given the assurance that their affairs are in order. most vulnerable and disadvantaged disadvantaged people in the such as workers with disability, young community. HIV/AIDS Legal Centre with workers, recent migrant workers and The Australian Pro Bono Centre Kemp Strang those on low incomes. Many solicitors participating in the clinic have is an independent, non-profit Established in mid-2015, the partnership volunteered their own time to provide organisation committed to between the HIV/AIDS Legal Centre ongoing assistance to particularly supporting and promoting pro (HALC) and Kemp Strang focuses on vulnerable clients in cases involving bono legal services in Australia. the Migration Project. The project was bullying, discrimination and workplace The centre plays a unique established to address the unmet legal safety issues. leadership and coordination role need of people with HIV with migration issues. In many cases, the people as advocate, broker, coordinator, receiving assistance would be at risk researcher and resource of persecution or serious harm in their provider. home country. www. probonocentre.org.au

8 Refugee Advice and Casework Wollongong Women’s Women’s Legal Service NSW Service with Henry Davis Information Service with with Colin Biggers & Paisley York, Allens Linklaters, Baker Carter Ferguson In 2015, Colin Biggers & Paisley & McKenzie, Hall & Wilcox, In 2014, Wollongong Women’s (CBP) approached Women’s Legal King & Wood Mallesons Information Service established a Service NSW (WLS NSW) to develop a and Norton Rose Fulbright partnership with Carter Ferguson to partnership to provide pro bono legal services to victims of family violence. Australia refer clients in need of legal advice on a wide range of matters including Together they identified a growing The Refugee Advice and Casework domestic violence, parenting need among women for legal advice Service (RACS) established the Legal arrangements, child support, housing on seeking compensation and redress. Help for Refugees Clinic in 2014 and financial problems. The firm runs a CBP provides a core team with the skills to provide legal assistance and free weekly clinic where the women are and commitment to work alongside interpreters to individuals needing able to speak with a senior solicitor in a WLS NSW which refers women to the help in navigating the legal processes safe, caring environment. Meetings are CBP team. They remain clients of WLS involved in seeking asylum. In 2015, also accommodated outside of these NSW who retain overall supervision RACS approached and formalised pro hours if clients need urgent help. of the matter. CBP participants are bono support for the clinic. With the inducted, trained and fully supervised The partnership aims to assist women in introduction of six law firms to the by WLS NSW. In the past year, WLS NSW the Illawarra area who are marginalised, program, RACS has been able to provide has referred more than 30 women many of whom have mental health or weekly evening sessions and weekly day to CBP. Fourteen female CBP staff, drug-related issues. Between 10 and 20 sessions. Many of the partners shoulder including four partners, participate clients per month are referred to Carter associated costs, such as interpreter in the partnership. Information and Ferguson which provides legal advice fees, and host clinic sessions in their case studies are being captured to including information on the courts and offices. The appointment of pro bono assess the need for policy and/or law alternative dispute resolution. In some coordinators by the firms to manage reform in the area of victims of crime cases, and often on an urgent basis, their teams of volunteer lawyers has and compensation for women who Carter Ferguson provides legal advice allowed RACS to streamline the process. experience domestic violence. for women and their families seeking to escape violence at home.

9 Aboriginal Justice Award

The nominees are:

Dean Bell, Glendra Stubbs and Grandmothers Against Robert Young Removals Nominated by Warren Strange Nominated by David Shoebridge MLC knowmore Legal Service NSW Legislative Council Presented by: Dean Bell, Glendra Stubbs and Robert Suellyn Tighe, Hazel Collins, Debra Young from the Aboriginal and Torres Swan, Jennifer Swan, Laura Lyons and The Hon. Brad Hazzard MP Strait Islander Engagement team from Patricia MacKenzie are Grandmothers Minister for Family and knowmore Legal Service (knowmore) Against Removals (GMAR), a group Community Services together provide a culturally safe and that advocates against the removal Minister for Housing respectful service to Indigenous clients of Aboriginal children from their seeking justice for their traumatic families. Women with strong ties to experiences as survivors of childhood the Gomeroi communities, they have Sponsored by: sexual abuse. all been negatively affected by the The team supports their Aboriginal removal of young children from their Department of Justice NSW clients in meetings with knowmore families. Children from Aboriginal lawyers and counsellors, in private communities are being removed at an unprecedented rate. GMAR seeks The Aboriginal Justice sessions with the Royal Commission into Institutional Responses to Child Sexual greater self-determination in the care Award is presented to an of Aboriginal children. Skilled and Aboriginal individual or Abuse, and at times at public hearings when they tell of their experiences. passionate advocates, they have moved group of individuals who has They have also supported Aboriginal judges to tears with accounts of their demonstrated outstanding prisoners during the Royal Commission’s experiences, used the media to put commitment to improving engagement work with every prison the issue on the national agenda and access to justice for Aboriginal across NSW. They often work long hours, changed lives by coming to the aid of people in NSW. This may have and in many cases are called upon to other grandmothers who have reached out to them. occurred in a range of activities travel across NSW and interstate to over a long period, or in a single support clients. The team is successful in In 2014, they approached the NSW gaining trust and respect among clients Ombudsman. In conjunction with the significant activity. and communities. Ombudsman and the Department of The Foundation acknowledges Glendra, a Wiradjuri woman, previously Family and Community Services, GMAR the support of the Department worked for Link-Up for 30 years, developed the ‘Guiding principles of Justice NSW. bringing people together who had for strengthening local Aboriginal communities in child protection www.justice.nsw.gov.au been separated or removed from their communities and families. Dean, decision-making’, which have been a Ngunawal man, worked with the rolled out across the state. GMAR plays a Witness Assistance Service, assisting continuing role in their promotion and women and young victims of sexual implementation. assault and violent crime. Robert, an Word of GMAR’s work has spread across Aboriginal man from the Kamilaroi/ the country inspiring others. Local Ngunawal nations, has been, and is still, groups have been established in Perth, involved in education about Aboriginal Newman, Brisbane, New England, culture for groups such as schools Redfern and Ballina. as well as organisations like the NSW National Parks and Wildlife Service.

10 Ray Peckham David Pheeney June Riemer Nominated by Bernadette Riley Nominated by Phil Naden Nominated by Damian Griffis Bernadette Riley Consulting Bourke Aboriginal Health Service First Peoples Disability Network Uncle Ray Peckham has devoted his David Pheeney worked as a criminal Australia life to improving access to justice for law solicitor at the Bourke Aboriginal June Riemer is a Dunghutti woman who Aboriginal people. Now in his 90s, Ray Legal Service for more than five years, has dedicated her life to advocating is a highly regarded elder and mentor. serving the Bourke and Brewarrina for the rights of Aboriginal people. In the 1950s and ’60s, Uncle Ray’s communities. (David is now with Dubbo She is prominent within the disability advocacy bridged political parties, Legal Aid.) In a very isolated community community as a person who builds unions, social justice campaigners and like Bourke, which has high levels of bridges with carers and service Aboriginal communities at a crucial mistrust of authority, David achieved providers to ensure culturally turning point in Australian history. success due to his commitment, appropriate connections. One of the He led a march of 10,000 people sincerity and quiet, respectful first Indigenous workers to be employed through Sydney to the Youth Carnival disposition. David often made the by the NSW Council of Social Service, for Peace and Friendship in 1952. 1,600km roundtrip to Sydney to ensure June has been a central figure in the He participated in the formation of the continuity of representation for clients. growth of both the Aboriginal Disability Australian Aboriginal Fellowship with Available out of hours and over holiday Network NSW and the First Peoples other Indigenous leaders and activists, periods, his support extended to Disability Network Australia (FPDN). including Faith Bandler, Chicka Dixon, helping those with literacy issues fill out June was one of the first to identify Kath Walker (also known as Oodgeroo applications. that people with a disability have Noonuccal) and Gladys O’Shane, in David is passionate in advocating for broader underlying issues to confront 1956. Ray was one of two Aboriginal young clients and has played a key role such as housing, health, education men to lead 800 students in a land in establishing diversionary procedures and poverty. She coordinated the 2014 rights’ protest march in Melbourne addressing the overrepresentation of ‘Living My Way’ conference, the first in 1968. Aboriginal children and young people of its kind, bringing together over 150 His inclusive and innovative approach in the criminal justice system. He was Aboriginal people with disability to provided a foundation for the heavily involved in the Maranguka learn about changes and opportunities Aboriginal Rights Movement and Justice Reinvestment project in Bourke in the area. She has represented the activism that continues today. Ray is enlisting the support of the NSW Police, FPDN at United Nations seminars and an ongoing participant in highlighting Community Corrections and community travelled the breadth of NSW informing injustices and inequality for Aboriginal groups in establishing the warrants Aboriginal communities about the people, including his recent call for an clinic. National Disability Insurance Scheme investigation into alleged false claims of (NDIS). Widely regarded as a creative Aboriginality. In 2013, he was appointed thinker, June is known for her advocacy as the inaugural ‘Elder in Residence’ to improve access to justice in the at Charles Sturt University, Dubbo in community. June dedicates long hours acknowledgement of his contribution to to challenging outreach work educating Aboriginal social justice and education communities about the ways in which over many decades. the NDIS can assist them.

11 Aboriginal Justice Award nominees (continued)

Joanne Selfe Muriel Walker-Craig and Dr Laurel Williams Nominated by Ernest Schmatt Michael Craig, Rebecca Nominated by Yasmin Catley Judicial Commission of NSW Stadhams and Ivan Greenup, Member for Swansea From her first job as a Drug and Alcohol and June Speedy and Thomas NSW Parliament Counsellor at Long Bay Prison, Gamilaroi Duroux Aunty Laurel Williams, a descendant of woman Joanne Selfe has demonstrated the Biripi people, is nominated for her Nominated by Helen Duroux a lifelong commitment to improving passionate and lifelong commitment Moombahlene Local Aboriginal Land access to justice for Aboriginal people. to justice for Aboriginal people. Laurel Council She was then appointed as as the was a co-commissioner of the National Director of the Indigenous Services Muriel Walker-Craig and Michael Craig, Inquiry into the Separation of Aboriginal Unit for the Department of Corrective Rebecca Stadhams and Ivan Greenup, and Torres Strait Islander Children, Services, during which time she was an and June Speedy and Thomas Duroux representing NSW. In this role, she active member of the Department of are the parents of Colleen Walker-Craig, encouraged witnesses to describe their Corrective Services Indigenous Action Evelyn Greenup and Clinton Speedy- experience of separation and drew out Plan Committee and the NSW Aboriginal Duroux, the three children murdered in church and government witnesses on Justice Advisory Committee. the early 1990s in the small Mid North the policies and practices of forced Coast town of Bowraville. Though the In her current role as Aboriginal Project removals. As co-commissioner she murders remain unsolved, the families Officer at the Judicial Commission of NSW, provided valuable input to the Bringing are resolute, vigilant and positive Joanne brings together judicial officers them home report published in 1997, in their pursuit of justice for their and Aboriginal people in a unique setting. including the recommendations. The children and in improving outcomes for By broadening their understanding of report has influenced government Aboriginal people in their communities. Aboriginal culture and how it affects initiatives such as the National The families’ campaigning led to a an Aboriginal person’s interaction with Apology, state apologies and Motion 2013 Parliamentary Inquiry and the the court system, Joanne has opened of Reconciliation. introduction of a Bill to amend the up new avenues of dialogue. Her work Laurel is the longest-serving life member ‘Double Jeopardy’ rule in NSW law. The with the Judicial Commission’s Ngara of the NSW Aboriginal Education Inquiry resulted in 15 recommendations Yura Committee enables judicial officers Consultative group. Formerly the director for reform, including changes to to participate in statewide community of Wollotuka Institute for Aboriginal policing policy and improved local visits and cultural training, helping Studies at the University of Newcastle, mental health services. to bring a balanced and informed Laurel is now retired and in her 70s perspective to their work and engender The families continue to advocate but she continues to campaign for greater trust between the community for legal change, rallying outside the equality in education for Aboriginal and the judiciary. This, combined NSW Parliament in May as it debated children. She visits schools in the with her commitment to Aboriginal amendments to the Crimes (Appeal and Hunter region, fostering social cohesion Reconciliation, has had a profoundly Review) Act 2001. between Aboriginal and non-Aboriginal constructive effect on furthering the Their advocacy has acted as a catalyst communities and educating teachers cause of justice for Aboriginal people to change attitudes and outcomes for about traditional cultural practices. in NSW. the communities of Bowraville, Coffs Harbour and Tenterfield. As a result of their campaigning, there has been a clear commitment to improve outcomes for future generations of Aboriginal Australians.

12 Justice Medal

The nominees are:

Lisa Ashby Richard Brading Nominated by Yasmin Catley MP Nominated by Alison Handmer Member for Swansea Liquor & Gaming NSW, Department LAW AND JUSTICE NSW Parliament of Justice NSW OF NEW FOUNDATION SOUTH WALES Lisa is an outstanding advocate for Richard Brading is a pioneer in the private rental, community housing and field of legal assistance and law reform Presented by: Housing NSW tenants. She is a duty for problem gambling. For more advocate at the Central Coast Tenants’ than 20 years, he has advised and The Hon. Sir Anthony Mason Advice and Advocacy Service (CCTAAS), represented clients in gambling-related AC, KBE providing advice for all tenants, working legal matters at Wesley Community Patron particularly closely with home owners Legal Service, establishing and leading Law and Justice and tenants in residential communities. the world’s only free legal service for Lisa has developed CCTAAS support to problem gamblers and their families. Foundation of NSW include regular attendance at the NSW Richard is also regarded as an expert Civil and Administrative Tribunal to in the field of credit and debt recovery. Sponsored by: advocate on residents’ behalf. Described by colleagues and clients Her support extends beyond her role alike as working tirelessly, Richard is Law and Justice Foundation to help tenants at risk of homelessness, unwavering in his commitment to raise of New South Wales often contacting real estate agents to awareness of problem gambling and secure alternative accommodation. improve the response to gambling- related legal issues. The Justice Medal is presented Swansea has the second largest to an individual for outstanding number of home park residents in the Richard has been successful in bringing state. Many are elderly, economically the issue of problem gambling achievement in improving disadvantaged and vulnerable. Through before the courts. In American Express access to justice in NSW, rising rents and demand for properties, International v Famularo, he successfully particularly for socially and residents can receive termination argued that the behaviour of the hotel, economically disadvantaged notices with little warning in the run-up in providing the plaintiff with cash people. This may have been to key holiday periods. Thanks to her advances to enable him to gamble, demonstrated in a range of empathy, support and guidance, Lisa amounted to unconscionable conduct. activities over an extended not only empowers residents to face This decision has had a measurable period or work over a shorter these challenges but also eases the impact on the gambling industry. demand on CCTAAS services, allowing When the Department of Justice period but of exceptional them to extend their efforts to support impact. Liquor & Gaming NSW’s Responsible others. Gambling Fund conducted research www.lawfoundation.net.au into problem gambling counselling in 2008, significant positive feedback was received about the work of the Wesley Community Legal Service, and Richard in particular. One problem gambler commented ‘Had it not been for Legal Services, I would have been dead… My lawyer has wings’.

13 Justice Medal nominees (continued)

Robyn Cotterell-Jones OAM Veselko Cuic Julie Foreman Nominated by Ariel Marguin Nominated by Ed Husic MP Nominated by Patrycja Arvidssen, Justice for Children Australia Federal Member for Chifley Anne Coates, Margaret Di Nicola and Originally approaching the Victims of Veselko Cuic has dedicated his career Amy Davis Crime Assistance League (VOCAL) for to improving access to justice for the For more than 18 years, Julie Foreman support because of her own experience socially and economically disadvantaged has worked to improve access to justice of domestic violence, Robyn Cotterell- members of his community. He grew up for public housing tenants, directly Jones joined the charity as a volunteer in Mt Druitt and has spent the last ten through a community development before progressing to the role of years working at the Mt Druitt and Area program in Campbelltown and by Chief Executive Officer in 1998. Robyn Community Legal Centre. Featured in the affecting policy reform and legislative established VOCAL’s Victim Support Unit SBS documentary series Struggle Street change in her role at the Tenants’ Union servicing the Hunter region and Sydney, last year, Mt Druitt has a large migrant of NSW (TU). securing funding from the Department population with 37.5 per cent of people Joining the TU in 2008 as the Education of Justice. The service offers practical speaking a language other than English and Training Officer, Julie progressed to and emotional support to people at home. the role of Executive Officer. Colleagues directly impacted by crime. This includes Considered a local hero by many, past and present, and external providing information, education and Veselko completes case work, delivers stakeholders, credit a large part of the counselling services, either face to face, community legal education sessions at TU’s advocacy success to her leadership over the phone or via email. the local TAFE and surrounding schools, with the reform of the law governing Most recently, Robyn recognised the leads and delivers outreach programs park residents cited as a strong example. need for assistance for families dealing to Indigenous people and regularly Julie seeks to empower individuals with child protection issues arising participates in legal information days and help them develop the skills from family violence. After securing hosted by local councils and community needed to identify and reach their philanthropic support, she established organisations. Examples of his work goals. This approach was typified in the Family and Child Safety Unit in 2013 include successfully reducing fines from her coordination of the Animation which provides information, support and $73,000 to $3,000 for a low income truck Project auspiced by the St Vincent de advocacy for those navigating the Family driver client and overturning driver Paul Society, which focused on social Court system and provides referrals to licence suspensions for a number of low housing tenants in Campbelltown facing counselling and other support agencies. income clients, many of whom would forced relocation. A number of the A long-time campaigner, Robyn is otherwise have lost their jobs. tenants credit Julie with giving them integral to the network of support the confidence and skills to achieve service providers in the region, working goals such as full-time study, and many closely with other organisations such continue to be activists for social housing as Family Support Newcastle, Victims tenants. Services and Support, and Justice for Children.

14 Michelle Jones Judge Matthew Myers AM Karen Willis OAM Nominated by Richard Funston Nominated by John Martin Arms Nominated by Kelli Frederiks Legal Aid NSW Department of Justice NSW For more than 30 years, Karen Willis For more than 27 years, Michelle Jones Throughout his career, Judge Matthew has worked to improve access has worked for the community in roles Myers has sought to improve access to justice for women who have at community legal centres (Kingsford to justice for Indigenous people. Since experienced sexual assault and Legal Centre and Inner City Legal 2012, Judge Myers has held Aboriginal domestic violence. Karen joined the Centre), as the Chair of Community Family Law Roadshows, frequently Rape Crisis Centre (the predecessor Legal Centres NSW, Director of the travelling across rural NSW to educate to Rape & Domestic Violence Welfare Rights Centre and as Executive communities on family law. He is a Services Australia) in 2001. Under her Officer of the Tenants’ Union of NSW. passionate advocate for positive action leadership, the organisation has grown from 20 part-time workers providing During her time in community legal in response to the escalating rate of crisis counselling, to more than 100 centres, Michelle developed new Indigenous child removals into care. offering support, counselling and programs to increase volunteers and In 2014, he was instrumental in the training services for victims of sexual enlist pro bono support from legal Federal Circuit Court entering into a assault and support service providers. practitioners, increased outreach Reconciliation Action Plan (the first legal services in La Perouse and federal court to do so). Karen has worked to provide support established the Lesbian and Gay Prior to his appointment to the for victims of domestic violence in Legal Advice night. Since 2009, she federal Bench, as a Central Coast rural and regional Australia for the past has been Manager of the Legal Aid solicitor Judge Myers was renowned decade. She advocated for an online NSW Women’s Domestic Violence for his outstanding commitment to counselling service and following Court Advocacy Program, responsible supporting Aboriginal communities. great persistence secured the funding for 28 women’s support services He also worked extensively with the needed to launch the helpline, the in over 100 courts around NSW. Eleanor Duncan Aboriginal Health first of its kind in Australia. Outreach Michelle has been instrumental in Centre in a pro bono capacity. His work initiatives include a partnership with the successful establishment of the was recognised in 2013 when he was the Country Women’s Association to NSW Government’s It Stops Here Safer presented with an Order of Australia run forums on domestic violence and Pathway domestic and family violence for services to family law and welfare. an Aboriginal women’s network – ‘Hey Sis, we’ve got your back’. reform. After a successful pilot in eight Judge Myers’ commitment sees him locations, the program is to be rolled working well outside his duties as a Karen co-founded the NSW Women’s out to 28 locations, fast-tracked from judge. This includes being a member Alliance in 2012 and was appointed up to five years to just under a year. of the Indigenous Access to Justice to the NSW Domestic and Family Committee of the Federal Circuit Court Violence and Sexual Assault Council, and co-chair and founding member of established in 2013, and the NSW the Aboriginal Family Law Pathways Violent Domestic Crimes Taskforce Network. in 2014.

15 Want to keep up to date with our research? Community Legal Centres NSW Award nominees (continued) Our high quality, evidence-based work informs and supports the planning and delivery of legal assistance services. Be first to hear about our reports, and Updating Justice and Justice Issues. InnerSubscribe City Legal to our Centre Research front Alerts at Peterlawfoundation.net.au/subscribe Uniacke Volunteer program, desk student volunteers A volunteer for the Hume Riverina Australian Centre for Since 2010, a weekly roster of 25 Community Legal Service (HRCLS) Disability Law student volunteers has managed for the past 15 years, Peter Uniacke The volunteer solicitor, paralegal and is experienced in NSW, Victorian and the Inner City Legal Centre (ICLC) 20 Justice Issues law student program at the Australian CommonwealthPaper law, 20 • August 2015 and • ISSN 1834-7266 is a keen front desk. Providing the first point No. 48, August 2015 | ISSNCentre 2201-0823 for Disability Law has been

teacher, guide and mentor to new of contact for clients with ICLC, these Indigenous people,running multiple since disadvantage 1994. Currently there Community legal education Is early intervention timely? volunteers at Legal Aid NSW: activities, costs and future planning Community legal education and information have attended to more solicitors. and response toare legal eight problems members of the program and information at Zhigang Wei, Hugh M. McDonald and Christine Coumarelos

than 30,000 enquiries over the past Suzie Forell Abstract: This paper extends analysis of the Legal Australia-Wide (LAW) Survey national dataset by examining Legal Aid NSW: activities, Despite the demands of his private response to legal problems and barriers whoto obtaining advice perform by Indigenous status and level of disadvantage.a variety The of tasks such Abstract: ‘Better to have a fence at the top of the cliff than a fleet of ambulances at the bottom’. Such is the findings show that the strategy Indigenous people use in response to their legal problems depends on their level call to early intervention: preventing legal problems from forming and escalating, rather than mopping up of disadvantage. Those with multiple disadvantage are significantly more likely to take no action. In addition, costs and future planning once the crisis has struck. The idea of early intervention has strong appeal: providing less intensive assistance when they do take action, they are significantly more likely to use a not-for-profit legal service as their highest No. 50, December 2015 | ISSN 2201-0823 five years. early, before problemspractice become more difficult and costly to resol ve.a But young in the legal assistance sector, family, what and Peter level of action, and significantly less likelyas to use a conductingself-help resource as their highest level of action. client These interviews, to whom does ‘early intervention’ deliver? The23 impact of ‘early intervention’ is based on Justicetwo assumptions: Issuesdifferences in strategy appear in part to reflect the particular types of legal problems that Indigenous people (1) that priority clients groups are reached and assisted ‘early’; and (2) that the assistance provided will make Paper 23 • March 2016 • ISSN 1834–7266with multiple disadvantage experience and the more serious nature of these problems. There were also some a beneficial difference. differences in the advisers used and the barriers faced in response to legal problems according to Indigenous status and level of disadvantage. The findings highlightThe the need fornature legal services that are of not only personal appropriate injury This paper explores these assumptions in the context of the evidence-based priority given to assisting the most undertaking research, providing legal Without the front desk student continues to volunteer at HRCLS. Peterto the legal needs and capability of multiply disadvantaged Indigenous people, but also accessible and client- disadvantaged, and the need to do so within the scope and limited resources of the legal assistance sector. focused. A working paper Source holds a regular place on the roster, fillsSource in advice,ChristineIntroduction Coumarelos filing , Zhigang court Wei and Genevieve documents Granti and volunteers, ICLC’s capacity to deliver This paper is drawn from Reshaping legal assistance services: building on the evidence base: a discussion paper by Pascoe Pleasence, Christine Coumarelos, Suzie Forell, & Hugh M. McDonald (Law and This paper presents new findings from the Legal It is well established that Indigenous people Justice Foundation of NSW 2014). How people solve legal problems:Australia -Wide Survey (LAW Survey). The first major Abstract: Traditionalare among sources the most of data disadvantaged give only partial insight into the nature of personal injury as a legal problem. These data typically say little about personal injury that does not result in hospitalisation or in http://www.lawfoundation.net.au/ljf/site/templates/reports/$file/Reshaping_legal_assistance_services_web.pdf findings for Australia as a whole were published in Australians. attendingcompensation or claims processes. conciliations. This paper uses data from the Legal Australia -Wide (LAW) Survey to when other lawyers are unable to attendLegal Australia-Wide Survey: legal need in Australia Indigenous Australians tend to have complex legal advice and casework services to About Reshaping legal assistance services estimate the prevalence in the Australian population of different types of personal injury problems that are likely level of disadvantage and legal by Christine Coumarelos, Deborah Macourt, Julie needs and to suffer multiple types of to be ‘justiciable’ or have legal aspects. It also reports on the severity of these problems and their adverse impacts The Reshaping legal assistance services discussion paper draws on a substantial base of empirical research People, Hugh M. McDonald, Zhigang Wei, Reiny Iriana socioeconomic disadvantage, including low – together with current experience of service providers – to inform the design and delivery of efficient and on broader life circumstances. The results show that personal injury problems are common and can be severe capability and Stephanie Ramsey (Law and Justice Foundation income, chronic ill-health and disability, effective legaland assistance services mentors (e.g. legal aid, Aboriginal legal law services, family students violence prevention legal during adviceof NSW, 2012). with considerable knock-on effects beyond the original injury. The results highlight the value of effective legal unemployment, disadvantaged housing and low its communities would be reduced services, community legal centres and pro bono services). resolution of personal injury problems, and indicate that coordination with broader human services may often About the LAW Survey Aroundeducational 90 attainment per (Australian Bureaucent of of the legal It provides a framework for discussion aroundHugh how M. AustralianMcDonald access and Zhigangto justice research, Wei policy and legal be beneficial to manage the knock-on effects of these problems. The LAW Survey provides a comprehensive Statistics 2009; Australian Institute of Health and assistance services can best build upon this substantial evidence base. sessions. Peter has extensive knowledgeassessment of a broad range of legal needs on a Welfare 2011; Cunneen & Schwartz 2008; Hunter Reshaping legal assistance services explores the notions of targeted, joined-up, timely and appropriate 2009; Steering Committee for the Review of and many people would be turned representative sample of the population. It coveredSource Definition of personal injury service delivery. It exposes the conceptual and operational tensions in delivering such services, while Abstract: The paper provides compelling new evidence from the Legal Australia-Wide (LAW) Survey 129 different types of civil, criminal and workfamily law undertakenGovernment Service Provision 2007). in the disability providing guidance to and illustrations of practice, detailing facilitators and obstacles to change and This paper presents new findings from the Globally, injury makes a significant contribution to demonstrating the lower legal capability of multiply disadvantaged people. The most disadvantaged problems. It examined the nature of legal problems, The multiple disadvantage experienced by presenting a range of approaches to evaluation. Acknowledging current arrangements and resources, it Legal Australia-Wide Survey (LAW Survey). The mortality (Lozano, Naghavi, Foreman et al. 2012). respondents were found to be significantly more likely to take no action in response to their legal problems.the pathways to their resolution and the Indigenous people is critically relevant to their provides a basisof for consideringother how to move servicesfrom the theory to the practice ofwhere client-centred service delivery. clients can be first major findings for Australia as a whole Many injuries, but not all, have a legal dimension, away. The volunteers also provide In addition, when they did take action, they were significantly less likely to use self-help resources, and demographic groups that struggle with the weight of legal needs – both international and Australian were published in Legal Australia-Wide Survey: with the potential availability of legal compensation significantly more likely to use not-for-profit legal services, than those less disadvantaged. Further, despitetheir their legal problems. With 20,716 respondentsdiscrimination across research has demonstrated a strong linkpractice between and the human legal need in Australia by Christine processes. Such injuries typically include motor greater use of not-for-profit legal services, the most disadvantaged group had significantly lower awarenessAustralia, of including over 2,000 in each state/territory, disadvantage and vulnerability to legal problems such services. Coumarelos, Deborah Macourt, Julie People, vehicle injuries, work-related injuries and other the LAW Survey allows for in-depth analysis at both (see Coumarelos, Macourt, People, McDonald, referred, enabling HRCLS to providethe a state/territory and national level. The nine LAWHugh M. McDonald, Zhigang Wei, Reiny Iriana injuries due to the liability or negligence of another Implications for policy and effective legal assistance services are discussed. The findings clearly signal the vital Wei, Iriana & Ramsey 2012; Coumarelos, paralegal and administrative support, and Stephanie Ramsey (Law and Justice person or organisation (e.g. injuries resulting from role of not-for-profit legal services in extending access to justice to the most disadvantaged members of theSurvey reports are available at rights Pleasencepractice & Wei 2013; Currie 2007; isGenn 1999;performed by the Foundation of NSW, 2012). falls due to negligence and product faults). Australian community. In addition, given the high use of health or welfare advisers by the most disadvantagedwww.lawfoundation.net.au/publications. Pleasence 2006). group, the results also point to collaboration between these advisers and public legal services as a key strategy About the LAW Survey In health and medical contexts, ‘injury’ clearly refers holisticto service.enhance access to justice for the most disadvantaged. to harm to the individual. In legal contexts, the term and assist with projects such as the The LAW Survey provides a comprehensive participants in the ‘personalvolunteer injury’ is typically used to refer toprogram. those assessment of a broad range of legal needs injuries to the person for which another person or Legal needs studies show that certain disadvantaged and severity of legal problems are key determinants of on a representative sample of the population. organisation is legally liable, and hence, for which July 2015 groups are significantly more likely than other how people respond to them, recent research points It covered 129 different types of civil, criminal JI_20_pages.indd 1 10/08/2015 10:44 am compensation is claimable.ii Both physical and Sex Workers Legal Service, the Family members of the community to ignore their legal to people’s ‘capability’ as also being relevant to their and family law problems. It examined the psychological harm to the person can constitute 1 responses (Balmer, Buck, Patel, Denvir & Pleasence Duringnature of legal problems,the the pathwa2014/15ys to their financial year, problems. And when they do act, some disadvantaged personal injury, and personal injury is distinct from 2010; Coumarelos et al. 2012; McDonald & People resolution and the demographic groups that groups are also more likely to act without the benefit injury to a person’s reputation or property, which are 2014; Pleasence 2006; Pleasence, Coumarelos, Forell struggle with the weight of their legal of formal advice (Coumarelos, Macourt, People, covered by different legal actions.iii In keeping with Relationships Centre Service and the McDonald, Wei, Iriana & Ramsey 2012; Hadfield & McDonald 2014). More nuanced understanding problems. With 20,716 respondents across these legal definitions, ‘personal injury’ will be used of factors influencing problem solving behaviour volunteersAustralia, including over 2,000 providedin each 4,600 hours of 2010; Pleasence, Buck, Balmer, O’Grady, Genn & in the present paper to refer to injury to the person 2 therefore holds the promise of better and more state/territory, the LAW Survey allows for in- Smith 2004; Pleasence 2006). Although the nature which potentially has legal implications, whereas appropriate legal assistance services (Pleasence et al. depth analysis at both the state/territory and the term ‘injury’ per se will be used more inclusively 1 The term ‘legal problem’ is used throughout this paper for 2014). national level. Download the reports at Safe Relationships Project. to refer to the broader category covering both easy reference to a problem that is ‘justiciable’ in that it raises It is well established that people’s ‘personal legalwww.lawfoundation.net.au/publications work to 199 clients. This included legal issues with the potential for legal resolution, regardless injuries with and injuries without potential legal of whether the respondent recognised this or took any action capability’ to participate in many aspects of society consequences. involving the justice system (cf. Genn 1999). can be constrained by a range of factors related to 2 For example, the Legal Australia-Wide Survey found that people socioeconomic disadvantage such as limited literacy, with low education, people unemployed in the previous twelve months, and those with a non-English main language, had lower education, income and poor health. Generally, legal representation in ongoing odds of taking action and seeking advice than others. Compared personal capability is increasingly constrained by to others, people with a disability had higher odds of taking action and seeking advice, and the odds of seeking advice were increasing disadvantage (see McLachlan, Gilfillan & Redfern Legal Centre also higher single parents (Coumarelos et al. 2012). Gordon 2013; Pleasence et al. 2014). Lower personal court cases and conciliations in the volunteers Australian Human Rights Commission The 300-strong team of volunteers at and Anti-Discrimination Board. Redfern Legal Centre (RLC) is a vital resource for the centre. Volunteers attend Want to clients, the make latestappointments in community legal education and with solicitors, handle administrative and research duties, contribute broader to access to justice research? community legal education and

make referrals to government and NO. 82, AUGUST 2016 | A newsletter that aims to keep you up-to-date with a selection of recent plain language law resources produced about the law in NSW. To browse our online database of recent and past products visit www.lawfoundation.net.au/pllsearch Plain Language Law (PLL) keeps subscribers abreast

Contents harassment, bullying and victimisation relevant to not-for- community agencies.profit organisations. ThursdayVolunteers 11 August 12.45pm to also Community legal education 1 2.00pm. Further details and registration online. Forthcoming publications 2 Guides to the law 2 Divorce seminar – Bankstown (NSW), 2016, LegalNO. 61,Aid SEPTEMBER 2016 | Produced by the Law and Justice Foundation of NSW, JARA is a free email alert service NSW – public workshops, [email protected] of the latest resources, websites and training. Searchable Plain Language Law (PLL) database 3 covering recent research in the area of access to justice and legal need. JARA entries are publications identified by About PLL 3 This public do-it-yourself class covers how to completeFoundation and staff rather than the product of a systematic search or review. The abstracts reflect the views of the Subscribe/unsubscribe 3 lodge divorce application forms, step-by-step explanationsauthors of each publication included rather than that of the Law and Justice Foundation. Abstracts of past and help prepare and deliverof the divorce process and information aboutRLC’s servicecurrent of entries are catalogued legal in the Foundation's JustSearch database, visit www.lawfoundation.net.au/justsearch. documents and the hearing. It does not include matters relating to children or property settlement for which you Community legal education should seek legal advice. The class will be held atC ontents a total of seven schools and youth groups. For the family Advocacy skills (NSW), 2016, [Workshop], Public Bankstown Legal Aid office, level 8, Civic Tower, corner of and domestic violence work, roundtables were held in all Child abuse 1 Interest Advocacy Centre, $250, $125 conc., 02 8898 Rickard Rd and Jacob St, Bankstown on Tuesday 2 August state and territory capital cities across Australia with 6500, [email protected] 10.00am to 12.00pm. Please contact 02 9707 4555Children to and young people 1 experts in family and domestic violence. Sixty two This course can be taken in conjunction with Advocacy register. Courts 1 submissions were received and previously unpublished training workshops for communityDigital delivery of legal services 1 strategies to form a two-day workshop which will provide an data from the Australian Bureau of Statistics, the National Divorce seminar – Gosford (NSW), 2016, Legal Aid unprecedented opportunity to plan an effective strategy Centre for Longitudinal Data, and the Kids Helpline was NSW – public workshops, [email protected] 2 around issues affecting your community. You will complete Elder abuse 2 sourced. The report covers the period from 1 July 2014 to This public do-it-yourself class covers how to complete and 30 June 2015 and makes 16 recommendations. strategy planning, learn the best way to get your issue Family law 2 heard in parliament, prepare an advocacy tool kit, write a lodge divorce application forms, step-by-step explanations Family violence 2 media release, negotiate for the best outcomes and put of the divorce process and information about service of CRC25: Australian child rights progress report. A together a lobbying kit. The workshop takes place on 15 documents and the hearing. It does not include mattersFines 3 report on 25 years of the UN Convention on the rights workers.September from 9.00am to 4.30pm in Sydney CBD. relating to children or property settlement for whichHomeless you 3 of the child in Australia, Australian Child Rights Justice Access Research Alert (JARA) provides a snapshot Register online. should seek legal advice. The class will be held atIndigenous Legal Australians 3 Taskforce, UNICEF Australia, 2016 (Australia) Aid NSW Gosford office on Tuesday 16 August 10.00am to Judges 3 RESEARCH: This report marks 25 years since Australia Advocacy strategies (NSW), 2016, [Workshop], Public 12.00pm. Please contact 02 4324 5611 to register. Juries 3 ratified the UN Convention on the Rights of the Child, Interest Advocacy Centre, $250, $125 conc., 02 8898 agreeing to a set of standards and obligations for all Divorce seminar – Parramatta (NSW), 2016, LegalLegal Aid need 4 6500, [email protected] children. It considers the progress for children across a NSW – public workshops, [email protected] This workshop covers the fundamentals of designing highly Low income 4 number of key social policy areas including family life, effective advocacy and provides hands-on experience in This public do-it-yourself class covers how to completeMen and 4 education and care, justice and health, and what this has of the latest in research from Australia and overseas. developing an advocacy plan. Participants will be lodge divorce application forms, step-by-step explanationsPolice 4 meant for children. The report identifies that Aboriginal and introduced to essential strategies and knowledge, and of the divorce process and information about servicePrisoners of 4 Torres Strait Islander children, lesbian, gay, bisexual, documents and the hearing. It does not include matters discover the power of preparation. Workshop topics include Privacy 4 transgender or intersex (LGBTI) children, children from RLC volunteers playrelating to childrena orkey property settlement for whichrole you the advocacy tool kit, how to advocate for your issues with rural areas, children with disabilities and children from Victims compensation 4 government and planning an effective advocacy strategy should seek legal advice. The class will be held at the migrant backgrounds continue to be of concern with around your issue. The workshop takes place on 14 Family Court of Australia, 1-3 George Street, ParramattaVictims of crime 4 respect to poverty, discrimination, social exclusion and September from 9.00am to 4.30pm in Sydney CBD. It can on Wednesday 3 August 11.00am to 1.30pm. PleaseWomen 5 disadvantage. Ninety recommendations are made. be taken in conjunction with the advocacy skills workshop contact 02 8688 3868 to register. About JARA 5 (see above). For all inquiries call Lena Lowe on 02 8898 Subscribe/unsubscribe 5 Courts Divorce seminar – Sydney (NSW), 2016, Legal Aid NSW 6503. Register online. in community engagement– public workshops, [email protected] by Civil courts structure review: final report, M Briggs, Current issues in volunteering law (NSW), 2016, This public do-it-yourself class covers how to complete and Judiciary of England and Wales, London, 2016 (United [Seminar], Justice Connect (NSW), $50 (small NFP), lodge divorce application forms, step-by-step explanationsChild abuse Kingdom) $100 (large NFP) per person, 02 9114 1793, of the divorce process and information about serviceSee ofJuries REVIEW: This final report follows an extensive series of [email protected] documents and the hearing. It does not include matters meetings with judges, practitioners, stakeholders and users Not-for-profit Law seminar on the difference between relating to children or property settlement for whichChildren you and young people of the civil courts, and a series of detailed written and oral unpaid workers, interns and volunteers, and what laws should seek legal advice. The class will be held at Legal submissions following the publication of the review’s interim Subscribe to our newsletters at lawfoundation.net.au/subscribe See also Family law, Family violence, Juries apply to them. Monday 8 August 9.30am to 12.30pm. More Aid NSW's Sydney City office training centre, level 12, 323 report in January 2016. The review makes a series of staffing stalls at Castlereaghcommunity St, Haymarket on Tuesday 2 August 12.00pm events recommendations intended to inform the current details and registration online. Children’s rights report 2015, National Children’s to 2.00pm. Please contact 02 8688 3868 to register.Commissioner, Australian Human Rights Commission, programme of wider court modernisation being undertaken Discrimination, sexual harassment and bullying: Sydney, 2015 (Australia) by HM Courts and Tribunals Service. It also makes a protecting yourself and your people (NSW), 2016, Family law – Sydney CBD (NSW), 2016, [Workshop], number of recommendations on different aspects of the RESEARCH: This publication reports on the work [Webinar], Justice Connect (NSW), 02 9114 1793, Legal Aid NSW – Workshops, Free, 02 9219 5879, civil justice system, such as enforcement of court rulings, undertaken throughout the year to promote discussion and [email protected] [email protected] the structure of the courts and deployment of judges. awareness of matters relating to the human rights of This workshop for community sector workers covers The webinar provides an overview of inappropriate children and young people in Australia. It also discusses separation and divorce, arrangements for children and Digital delivery of legal services to distributeworkplace behaviour, including discrimination,legal sexual information,the progress of the recommendations made in Children’s rights reports in 2013 and 2014. The issues reported are: Digital delivery of legal services to people on low © Law and Justice Foundation of NSW how Pchildren’sage 1 rights have been considered in legislation incomes: annual update May 2016, R Smith, Legal A: Level 13, 222 Pitt St, Sydney NSW 2000 M: PO Box A109, Sydney South NSW 1235 Australia and court proceedings; a project about business and Education Foundation, 2016 (International) P: (02) 8227 3200 E: [email protected] T: @NSWLawFound W: www.lawfoundation.net.au children’s rights; and a national consultation about how RESEARCH: This paper follows on from a 2014 report. It children are affected by family and domestic violence. As examines advances in the use of information technology to part of the business and children's rights work an extensive provide low cost legal services to people, specifically in the advice and materials to theliterature public. review was undertaken, as well as consultation areas of: technology and the organisation of legal practice with financial advice services, the National Children’s Youth for people on low incomes; technology and how law is and Law Centre, and 120 students and young people, from practised; and technology and online dispute

© Law and Justice Foundation of NSW Page 1 A: Level 13, 222 Pitt St, Sydney NSW 2000 M: PO Box A109, Sydney South NSW 1235 Australia This is an integral part of RLC’sP: (02) 8227 3200 E: [email protected] T: @NSWLawFound W: www.lawfoundation.net.au strategy to improve access to justice for disadvantaged people in the community.

16

4 Acknowledgements

Paula Abram Dan Creasey Mission Australia Court Support Service Colin Biggers & Paisley The Hon. Chief Justice James Allsop AC Anne Cregan Federal Court of Australia Gilbert + Tobin John Martin Arms Denele Crozier Department of Justice NSW Women’s Health NSW Zachary Armytage Lynne Dalton OAM Community Legal Centres NSW Lynne Dalton Consulting Pty Ltd Senior Sergeant Nicole Arnold Rosemary Davies Burwood Local Area Command Mt Druitt & Area Community Legal Centre Nassim Arrage Amy Davis Community Legal Centres NSW Tenants’ Union of NSW Patrycja Arvidssen Pip Davis Tenants’ Union of NSW Women’s Legal Service NSW Robyn Auld Julianna Demetrius NSW Police Office of the NSW Ombudsman Lloyd Babb SC Margaret Di Nicola Office of the Director of Public Prosecutions NSW Tenants’ Union of NSW Professor Eileen Baldry The Hon. Victor Dominello MP UNSW Australia Minister for Innovation and Better Regulation Adam Barnes Helen Duroux Office of the Director of Public Prosecutions NSW Moombahlene Local Aboriginal Land Council Moo Baulch Maree Edwards Domestic Violence NSW Lake Macquarie City Council Jason Behrendt Nicole Edwards Law and Justice Foundation of New South Wales Board Mid North Coast Cancer Institute, Wauchope Hospital Palliative Care Unit Lester Bostock First Peoples Disability Network Australia Vanessa Edwige Australian Indigenous Psychologists Association Jim Brooks Jim Brooks Lawyer Dr Stewart Fenwick Federal Circuit Court of Australia Yasmin Catley MP Member for Swansea Melissa Fitzgerald Nambucca Valley Phoenix Terry Chenery Link-Up NSW Professor Gary Foley Victoria University Anne Coates Tenants’ Union of NSW Kelli Frederiks Rape & Domestic Violence Services Australia Talaishia Collis Carter Ferguson Solicitors Richard Funston Legal Aid NSW Janene Cootes Intellectual Disability Rights Service Greg Gahl HIV/AIDS Legal Centre John Corker Australian Pro Bono Centre Steve Gal Aboriginal Affairs, Department of Education NSW Tim Crakanthorp MP Member for Newcastle

17 Justice Medal cont.

Paddy Gibson Maggie Kyle Jumbunna Indigenous House of Learning, UTS Parramatta City Council Dan Gilbert Senior Constable Nicole Lewis Gilbert + Tobin Burwood Local Area Command Kate Gillingham Sally Linwood Baker & McKenzie Cancer Council NSW Sidonie Gnauck Jennifer Lonji Lubwa Central Coast Tenants’ Advice and Advocacy Service Women In Prison Advocacy Network The Hon. Pru Goward MP Jenny Lovric Minister for Mental Health, Minister for Women & Minister for Legal Aid NSW the Prevention of Domestic Violence and Sexual Assault Melissa Luong Bill Grant Burwood Community Welfare Services Inc. Legal Aid NSW Ariel Marguin Damian Griffis Justice for Children Australia First Peoples Disability Network Australia Chris Martin Alison Handmer UNSW Australia Liquor & Gaming NSW, Department of Justice NSW Renata Matyear Sigrid Herring Carter Ferguson Solicitors Education Centre Against Violence, NSW Health Tony McAvoy SC Leanne Ho Frederick Jordan Chambers Henry Davis York John McKenzie Leanne Holt Office of the Legal Services Commissioner Wollotuka Institute David Mehan MP The Hon. Ed Husic MP Member for The Entrance Federal Member for Chifley Vivian Michael Brenda Ibbotson Mt Druitt & Area Community Legal Centre Department of Justice NSW Arthur Moses SC Tanya Jackson-Vaughan NSW Bar Association Refugee Advice and Casework Service Mark Murdoch APM Anne Jarvis NSW Police Wollongong Women’s Information Service Phil Naden Diana Jazic Bourke Aboriginal Health Service Mission Australia Judge Stephen Norrish QC Sue Jefferies District Court of NSW Drug Court of NSW Hadyn Oriti Michelle Jones Donovan Oates Hannaford Lawyers Legal Aid NSW Cheryl Orr Sondra Kalnins Cheryl Orr Family Law Solicitors HopeStreet Gambling Help Polly Porteous Clare Keating Community Legal Centres NSW Effective Change Pty Ltd Paul Power Coralie Kenny Refugee Council of Australia Law and Justice Foundation of New South Wales Board Mark Procajlo Mahashini Krishna Kemp Strang Victims Services and Support, Department of Justice NSW

18 Dan Proudman The Hon. Paul Stein AM QC Newcastle Herald Law and Justice Foundation of New South Wales Board Christine Regan Christine Strachan Rights Project for People with Disability, NSW Ombudsman Burwood Community Welfare Services Inc. Jennifer Rignold Warren Strange Tenants’ Union of NSW knowmore Legal Service Bernadette Riley Maureen Tangney Bernadette Riley Consulting Department of Justice NSW Lynette Riley Archie Tanna University of Sydney Aboriginal Affairs, Department of Education NSW Christine Robinson Gary Ulman Wirringa Baiya Aboriginal Women’s Legal Centre Law Society of NSW Hannah Rose Annette van Gent Sparke Helmore Marrickville Legal Centre The Hon. Kevin Rozzoli AM Dr Wayne Warburton Law and Justice Foundation of New South Wales Board Macquarie University Therese Sands Dr Betty Weule AM People with Disability Australia Financial Counsellors’ Association of NSW Ernest Schmatt PSM Tanya Whitehouse Judicial Commission of NSW Macarthur Women’s Domestic Violence Court Advocacy Service Nicole Seniloli Lisa Woodgate Office of Ed Husic Marrickville Legal Centre David Shoebridge MLC Melissa Woodroffe Member NSW Legislative Council HIV/AIDS Legal Centre Margaret Spencer Pauline Wright University of Sydney Law Society of NSW

19 Sponsors

The Law and Justice Foundation of NSW would like to thank the following organisations for their support of the 2016 Justice Awards.

Award Sponsors

20 Premium Sponsors

At Herbert Smith Freehills, we believe that everyone MinterEllison has a longstanding commitment to should have equal access to justice and opportunity. pro bono legal services – the cornerstone of our We are committed to using our expertise, resources Community Investment Program. We are proud of and leadership to ensure that equal access to justice our leadership role in establishing the Homeless and opportunity is a reality through our pro bono Persons’ Legal Service in 2004 in partnership with and community programs. The four areas of focus the Public Interest Advocacy Centre. Our aim is to for our program are homelessness, reconciliation, target our assistance to communities in greatest disability and health, and building the rule of law. need, with a focus on breaking the cycles of We provide pro bono legal advice to marginalised homelessness and disadvantage. MinterEllison individuals and not-for-profit organisations. We regards pro bono legal work as an essential provide systemic advocacy, take on clients through element of professional responsibility and one legal clinics and send our lawyers on pro bono of the defining features of the legal profession. secondments. In 1993, the firm established the We seek to combine our legal skills with the deep Shopfront Youth Legal Centre which is operated knowledge of community organisations in identifying with Mission Australia and the Salvation Army. It unmet legal need and creating greater access offers legal services to homeless people aged 25 and to justice in NSW and beyond. In the year ended under. In 1992, Herbert Smith Freehills established 30 June 2016 MinterEllison once more exceeded its first pro bono solicitor secondment in NSW to the National Pro Bono Aspirational Target. Kingsford Legal Centre. www.minterellison.com www.herbertsmithfreehills.com

Distinguished Sponsors

At Ashurst we accept and take seriously our Gilbert + Tobin believes we share a responsibility to responsibility to make legal services available to ensure that our legal system is just and equitable, all. Through our global pro bono practice we act and is accessible to those in need. Our pro bono for individuals, not-for-profit organisations and work has a particular focus on assisting Indigenous social enterprises in a wide range of matters. Our people and communities, people with disabilities work includes providing legal advice, drafting and and refugees. In any given week, our lawyers may be negotiation, litigation, law and policy reform and appearing pro bono in court, travelling to regional community legal education. We send our lawyers and remote communities to run wills and estate and other staff on secondment to work with planning clinics, attending the Asylum Seeker’s community legal and welfare organisations from Centre, helping not-for-profit organisations, and the inner-cities to remote northern Australia. We engaging in policy and law reform work. Having also use the wider resources of the firm to support pioneered pro bono practice in Australia, we are now community legal and welfare organisations. working to build the pro bono practice of the future to ensure a more just legal system. www.ashurst.com www.gtlaw.com.au The Law and Justice Foundation of NSW is an independent, statutory, not-for-profit organisation established in 1967 to improve access to justice for the people of NSW. It is incorporated by the Law and Justice Foundation Act 2000 (NSW). The Foundation’s purpose is to advance the fairness and equity of the justice system to meet the needs of the community, and to improve access to justice, particularly for socially and economically disadvantaged people.

Law and Justice Foundation of NSW Level 13, 222 Pitt St, Sydney NSW 2000 +61 2 8227 3200 www.lawfoundation.net.au @NSWLawFound #justiceawards2016