Minutes

DATE: 18 March 2010 Time: 1.00pm to 2.30pm Venue: Victoria Law Foundation Hard ware Lane Melbourne

Present: Joh Kirby (VLF), Hugh de Kretser (FCLC), Fiona Mcleay(PILCH), David Neal (Vic Bar) Kristen Hilton( VLA), Mark Woods (LIV), Rachna Muddagouni (VLA) Guests: Law Society of England and Wales President – Bob Heslett CEO – Des Hudson Director, International – Alison Hook

Apologies: Frank Guivarra (VALS), Antoinette Braybrook (AFVLC), Bevan Warner (VLA), Brendan Sydes (FCLC), , Collingwood 3066 1. Welcome: Joh Kirby welcomed all the members and Fiona Mcleay, Executive Director of PILCH. She also welcomed the guests from Law Society of England and Wales 2. Minutes of previous meeting “That the minutes of the meeting held on 17 December be accepted”. Moved: Hugh de Kretser Seconded: Mark Woods

3. Legal Assistance Dialogues ( report back and follow up work) Rachna to organise Policy Policy Workers Forum ( Notes attached in Appendix) Network meeting, Summary: Rachna Mildura LAF Over 50 members attended the meeting. All the members agreed to work collaboratively on issues of common interest but acknowledged the limitations. The group agreed that it would be useful to share methodologies and devise ‘policy about policy’. VLAF is interested in supporting information sharing. There is an issue of funding for policy work in the sector. The group agreed there is a need to provide constructive feedback to the government about their expectations to connect with the community. One way of minimising resources could be to endorse each others’ submissions, or, e.g. to put a gendered lens on a specialist submission. It was recognised that there’s a problem of advocating with the people you’re advocating for, not just on behalf of them. Resolution at the meeting:

 VLAF, VLRC and LA prepared to support ongoing meetings/ training sessions etc.

 Outcomes, notes etc from this meeting will be sent by VLAF

Preparation of Legal Assistance Forum – Mildura, Hume Riverina and Gippsland Rachna reported back the exploratory meeting for Mildura LAF was set up for the 25 March. Murray Mallee CLC agreed to host the meeting. Mark will email the private practitioners to support the network. VLF also undertakes roadshows in the region. Rachna to continue to work with the agencies in Hume and Riverina region and Gippsland region. 4. Working Groups ( report back and follow up work) CALD Working Group: The group has been working on the Unaccompanied Humanitarian Refugee Migrants, the interpreter and translator poster for lawyers in Victoria, and also undertaking ongoing lobbying and advocacy work to increase funding for migration work. The group supported Springvale Monash Legal Service to apply for funding for the Unaccompanied Minor Migration Law Project in collaboration with VLA, FKLS and PILCH The group agreed to increase the membership to other non-legal agencies The group wanted to explore training options together- cultural and linguistic diversity and working with interpreter and translators The group identified the need to increase the lack of migration services in the community and ensure that organisations take this issue up as a wider political issue. VLAF should not be seeking funding and all the correspondence should be circulated to the main forum members to ensure there is broad agreement on the approach. Legal Referral Working Group Jane Pritchard the Director of Law Access NSW came and spoke to the working group about Law Access. The working group was well attended and the members found the information very valuable and informative. At the next working group meeting VLA will present information about the Legal Information Line and VLA’s strategic plan in the future. Other organisations will also be invited to provide information on their strategic plans to identify opportunities for partnerships and collaborations. Further to our last meeting, the referral workers placements are currently being organised with tentative start date in June 2010. Prison Issues Follow up meeting was held on the 24 Feb after the Prison Forum held last year. 18 members attended the meeting. Another meeting was organised by Human Rights Resource Law Centre to discuss the issues with Corrections Victoria. The VLAF meeting focussed on the role of VLAF in relation to information sharing and also to support VLA in developing a manual or directory that will document the different services that exists for prisoners. The group also supported the development of phone line in relation to take calls from prison and the collaborative work that can be facilitated in relation to CLE work in prison. The members agreed to meet once every six months and also ensure VLAF’s website be updated with regular updates on prison issues. Feedback from Hugh and Fiona- discussed the meeting held by Human Rights Law Resource Centre. The group felt that the main focus of HRLRC was to focus on public interest cases. VLAF should play a key role in information sharing, address issues that impact both the legal and non-legal sector, identify and implement joint training initiatives and support VLA in their new project to review and improve the services for prison post prison release. The group also felt that the project can support to map the services that currently exists for prisoners. Disability Workers Networkers Forum The Disability Workers Network meeting was held on the 24 February at VLA. Kristen Hilton from VLA has agreed to chair the meeting. The group identified three strategies to work on namely : Reform agenda (explore how the legal system addresses the issues of people with disabilities, using a public interest test case model,) identifying training opportunities and develop mechanisms to share information. The network will meet for an year and initially once every six months to develop an action plan. Special Projects – Unaccompanied Humanitarian Refugee Project This project has developed great momentum over the last two months and significant work has been completed through collaborations. The project has achieved the initial milestones, lobbied to the minister on issues arising for Unaccompanied Minors in relation to minor refugees and agreed to seek funding to extend the pilot stage of project till September 2010. Total clients seen: SEMAS ( Springvale Monash CLC and SCAAB) Summary provided

 24 Refugee Minor’s have been assisted by SEMAS to date to lodge their applications.  VLA 4 referrals have been forwarded to VLA. They have agreed to take on 2 more.  Kensington Flemington CLC 3 referrals have been forwarded to Ken- Flem CLC. They had agreed to take on 1 more.  PILCH 2 referrals made  We are awaiting referrals from AMES for 3 clients. Two of these clients have been referred to Red Cross.  There is one complex case where the applicant has not declared his wife and children to DIAC. This one may need to be referred to PILCH  A number of SEMA’s existing clients are seeking assistance with lodging applications for relatives who were not included as part of their Split Family Applications.  DIAC has asked two clients assisted by SEMAS to remove extended family members from their application. They have been asked to lodge separate applications for these family members.

Training: joint training proposals

VLA, LIV and specialist CLCs have agreed to explore collaborative partnership to undertake professional development to cover non-legal topics. E.g. undertaking policy work, working with interpreters and translators, conducting effective CLE and community consultations and understanding gender sensitive work. Very initial stages and VLAF role will be to facilitate and support information sharing to assist with partnership building

5. Evaluation frame work and planning It is important for VLAF to undertake an annual evaluation and also develop a clear strategic plan for the next three years with clear outcomes. Apart from simple online survey, VLAF members will be invited to participate( half day review )and forward planning session in May 2010. Each working group that has been established for over one year will undertake a review and plan ahead. It will also be a good time for each group to explore the value of the work undertaken, if they wish to continue, renew membership( if required) and identify the collaborative work they wish to undertake in the next three years. It would be valuable to provide each of the working group with a framework. VLAF should be clear to the membership on its role and expectations. VLAF has more capacity building and facilitating partnership role. As far as possible VLAF will not apply for funding for projects but support Funding LSB grant – application submitted on time.

6. Correspondences

 Letter from Chris Evans – tabled

7. Other business David Neal from LIV provided an overview of the work undertaken by Vic Bar, LIV in collaboration with VLA to lobby for additional legal aid money to the state. He also encouraged the members to support with the lobbying and disseminate information to the relevant stakeholders. Hugh also informed the members about the Smart Justice Campaign undertaken by CLCs as part of the election campaign. Appendix

Agenda item 3

Legal Assistance Dialogues ( report back and follow up work)

Policy Workers Forum(Policy Workers Network Meeting) Thursday February 11, 2010

MEETING NOTES

1. Welcome: Rachna Muddagouni (VLAF) and Padma Raman (VLRC)

2. About VLAF: Rachna Muddagouni Rachna: VLAF: Established February 2009. Aim of forum: To identify pathways for the law reform policy sector to work together, to facilitate opportunities for collaboration. This is an informal meeting to identify ongoing work for organisations to work together.

Introductions: All participants introduced themselves. Apology: Ariel Couchman (Youthlaw). 3. Information sharing: Priority areas of law reform work - notes in addition to information compiled by VLAF.

VALS Q to VQLS: Interested in some strategies to ensure what is introduced in mediation is culturally appropriate. A: There is an assumption that ADR is more appropriate than the courts because its less adversarial. However ADR is also a western legal construct and also has some embedded cultural norms. VALS is working to break down those norms. For example, in mediation there is an assumption that mediators should be impartial. However, it is often appropriate for elders to have prior knowledge of the situation and of the individuals involved, and not necessarily be an impartial mediator.

Environmental Defenders Office Has many priority areas of law reform. Has two full time policy officers. The EDO is a specialist group so collaboration is limited, apart from other environmental NGOs. Planning law is often a neglected area in law reform, and there’s opportunities for collaboration in that area.

VLRC Currently five projects: Child protection, guardianship, independent persons in police interviews, surveillance, property.

YacVic Crackdown on violence. Responding to federal and state inquiries, concerned violence is framed as a youth issue. Move-on powers. Support for rural and regional communities.

Youthlaw Law and order. Move on powers. Policing issues: excessive force. Infringements: public transport and fines.

South West CLC Strong emphasis on homelessness: very high rental prices in Warrnambool; submissions to Council Planning Review; long-term affordable housing programs; human rights program; family violence.

Disability Discrimination Legal Service Strong disability access perspective. Work is usually reactive – responding to inquiries - assistance animals. All the issues raised at the forum have a disability perspective. Lack a dedicated policy worker – NSW have proposed joint funding for policy worker. Collaboration in document preparation across centres.

St Kida CLC Port Phillip Community Group and Human Rights Working Group/ welfare agencies. Move on powers a key focus. Human rights perspective.

Fitzroy Legal Service Substantive equality focus.

Footscray CLC Refugee policy issues and tenancy disputes at VCAT.

VLA Responding to the AGs Justice 2 Statement. Working on electronic methods of collaboration. Improving service response. Women’s Legal Service Family law matters: women who fall through the gaps, and therefore self-represent in the family court. Access to justice

Tenants Union of Victoria Residential tenancy law reform; refugees, housing affordability, rooming houses, caravans parks, tenancy database, evaluate real estate agent practices, Human Rights Charter.

Springvale Monash Legal Service Migration advice; access to interpreters; racial discrimination; child protection.

DoJ/Darebin (Merrin Mason) Delays in criminal justice system and focus on prisons and prisoner’s rights and family violence service.

Aboriginal Family Violence Prevention and Legal Service Looking at national funding issues; strengthening services; child protection; family law; victims compensation; VOCAT review – Koori list in Magistrates’ Court; restorative justice.

PILCH Homelessness; move on powers; seniors’ rights - powers of attorney; family law funding issues; regulatory framework for not-for-profits; self-represented litigants; migration reform; access to justice; pro bono; strategic litigation; amicus curae. Finance and Consumer Resource Centre Bankruptcy reforms before Senate Committee – asset rich/cash poor; debtors petition; utilities hardship; consumer credit protection.

Federation of CLCs ADR, access to justice. Coronial law reform. ‘Smart justice’ – combating the law and order rhetoric.

Tenants’ Union Housing; residential tenancy law; estate agent practice, relationship between climate change initiatives and housing.

DOJ New legal aid funding agreement with Cth, hopefully by 1 July. ‘Access to justice’ in the Cth agenda does not include legal aid, however the AG sees legal aid as part of access to justice. Law and order - move on powers, public intoxication.

Jobwatch Employment issues (reactive and proactive); parental leave; National Human Rights consultative committee (state and commonwealth); staying in work longer; kit for women returning to work; international students and visa overlaps. There’s much room to collaborate, because the right to work impacts on the right to life, housing etc.

Mental Health Legal Service Advance directives; review of Mental Health Act; Magistrates’ Court – mental health list, underpinned by human rights approach, equality of rights; involvement in decision-making. LIV 13 policy lawyers and around 80 committees, cutting across many of the issues mentioned above; legal aid funding; human rights; assisted Law Council; VCAT review – touches 8-9 committees (elder law, admin law, human rights).

Summary: Common themes Law and order, access to justice, HR issues, child protection, refugee immigration, planning, mental health, legal aid funding, public housing etc

4. Challenges and competing demands

 VLA attended a Social Inclusion conference and noted the absence of legal assistance programs. There is however a changing notion of legal assistance eg after the Vic bushfires last year, legal assistance was provided.

 VLA noted that private organisations are an untapped market for funding. In response, EDO noted that there may be a conflict of interest in some cases, and private organisations aren’t necessarily interested in the work undertaken. PILCH suggested sectioning out the work, private firms can do some, ie may be interested in legal research or legal policy work.

 VLA questioned about making choices – in heading in new policy directions, what do we need to let go of? In response, it was noted that we don’t need to let go, only be more strategic in our thinking. Another suggestion: prioritise needs. It was noted by another participant that it is not necessary to let go, but to determine where the boundaries of each organisation are, and to work within them.

 EDO: noted that in working with other NGOs it is important to determine delineation of roles and to stay within the organisations’ niche.

 Springvale Monash Legal Service: noted the difficulties in engaging with diverse communities, and that the process can take up to 6 – 12 months. This is increasingly difficult to incorporate the voice into policy, submissions etc. Always pushing to meet the time constraints of the inquiries as window of opportunity is small.

 VLRC: noted that the cycle of inquiries is getting quicker. The VLRC is struggling with how to adequately consult with communities within the expected timeframe. VLRC acknowledged the challenge to meeting submission deadlines - they welcome submissions that are less formal and have more depth.

 There was a suggestion there should be a prohibition against ‘hoon legislators.’ Noted that the government and the opposition both support faster inquiries.  There was a suggestion that this message be provided back to the government.

 It was noted that there aren’t standards for community involvement and that consultation may not truly reflect community views.

 It was noted that making submissions and suggestions also included articulating the cost of a particular suggestion, and lobbying within government to determine where the funds would come from. These are very resource intensive exercises, and often beyond the skills and/or resources of an organisation.

 PILCH noted they have identified the need for training in media and communication, and lobbying governments, and were interested in any other organisations that would join for training.

 It was suggested as a solution to form partnerships with university academic staff or students to undertake this work, eg costing a suggested option, legal research etc.

 It was noted that community anecdotes to support a suggestion or point of view are powerful. These could be circulated/ shared amongst bodies.

 VLA noted that the government has published some data on social inclusion. This data and language should be adopted in any responses.

 It was noted that there is limited funding for the sector, and organisations are competing for the same funding. This could act to the detriment of the community. Perhaps collaborate in relation to funding applications.

 It was noted that whilst pro bono work is important, corporations may not want to take on projects that governments should be doing themselves.

 Organisations supported the idea of meeting again to share methodologies in legal policy work. Sharing expertise, or holding CPD programs across the sector, was suggested and supported, especially as an induction tool. This could feed in to the VLRC’s monitoring and coordinating role. Summary: Rachna

 There is an intention to work collaboratively.

 Intent to share methodologies and devise ‘policy about policy’. VLAF is interested in supporting information sharing.

 There is an issue of funding for policy work

 Also needs a constructive way of informing government about their expectations to connect with the community

 One way of minimising resources could be to endorse each others’ submissions, or, eg to put a gendered lens on a specialist submission.

 It was recognised that there’s a problem of advocating with the people you’re advocating for, not just on behalf of them.

5. VLRC community law reform work Chair: Padma Raman (to email presentation).

 The VLRC has a community law reform function, which includes coordinating law reform across the state. We are looking for creative ways to achieve this function.

 VLRC has prioritised our resources in law reform projects, and that the implementation of the recommendations from these projects is low. While we continue to follow up progress once a report has been presented, we rely on some extent on pressure from community groups to get the recommendations implemented.

 The projects have ended in a report to the AG, who is obliged to provide these to parliament. Instead of focusing on an end product such as a publication may need to broaden the CLR function.

 VLRC could facilitate these meetings, CDP or support CLCs in doing so, we could provide background research for some issues, or we could provide an electronic newsletter.

 We need to think strategically about how to use our resources. We welcome any ideas for creative ways of doing so. Discussion

 Q: How is it best to trace whether submissions or suggestions are implemented. Reponses: Check publications for list of submissions. You may be contacted by the secretariat for more information. Create long-term reporting mechanisms within an organisation

 It is challenging to track down submissions. Sometimes the report or submission etc is just the beginning of the process. The idea may come to fruition years later, and the original author may not be credited.

 DOJ noted their funding cycle: Budget in late May. Good time to get ideas to DOJ is late in a year, ie November.

6. Close

 VLAF, VLRC and LA prepared to support ongoing meetings/ training sessions etc.

 Outcomes, notes etc from this meeting will be sent by VLAF.

 Please email additional material to VLAF. Policy Work undertaken the last 12 months

Victorian Aboriginal 1.Access to justice Legal 2. Smart on crime approach, as opposed to a tough on crime approach Service 3. Culturally appropriate dispute resolution

Women's 1. The submission to Prof Richard Chisholm in relation to family law and family violence since the 2006 reforms; Legal 2. The submission to the legal, senate and constitutional committee into Service Victoria access to justice inquiry; 3. The submission into the homelessness legislation

1. Residential tenancies law reform in relation to rooming houses, caravan parks, student accommodation and residential tenancy databases. In particular, we led a high profile campaign on rooming house reform. Tenants Union of 2. Human rights charter and its relationship with housing and residential tenancies law. Victoria 3. Climate change, health outcomes and residential tenants, with a particular focus on energy efficiency programs in private rental housing and legislated minimum rental housing standards. Victorian 1. Identifying emerging issues and ongoing obstacles to effective drug policy Alcohol & and treatment, for advocacy in the State govt pre-budget processes and beyond Drug Association 2.Research, policy and advocacy on alcohol use and harms in the community. (VAADA) This has included treatment and policy responses through research and position papers on taxation and advertising 3. National Drug Strategy 2010-2015 (consultation and response)

West Heidelberg 1. Public housing/homelessness Community Legal 2. Access to Justice Service 3. Human Rights

Financial and 1.Bankruptcy (specifically the Bankruptcy Legislation Amendment Bill) Consumer Rights 2.Utilities Hardship Council 3.Credit reform (specifically the National Consumer Credit Protection Bills)

Fitzroy 1.Public Space and anti-social behaviour, particularly public drinking Legal Service 2.Discrimination/Human Rights and housing issues for drug users 3. Law reforming issues arising out of Criminal justice processes Mental Health Legal 1.Advanced directives Centre 2.Review of the Mental Health Act 3. Creation of a specialised Mental Health List.

Federation 1. Alternative dispute resolution and access to justice of Community 2. Powers of attorney Legal 3. The Adult Parole Board and its exemption from the Charter of Human Rights and Responsibilities Centres

1. Legal aid funding: LIV has been lobbying state and federal Attorneys General about the desperate need for legal aid funding in Victoria in criminal and family law matters. The LIV has made a number of submissions, has commissioned (with Victorian Bar and Law Council of Australia) a report into legal aid funding options and met with state and federal AG and Finance Ministers. The LIV also gave evidence to the Law Senate Legal and Constitutional Affairs Committee inquiry into access to justice. Institute of Victoria 2. National Human Rights Act: LIV established a National Human Rights Working Group to develop a submission to the National Human Rights Consultation; following the release of the report the group reconvened and sent letters to five key cabinet decision-makers in support of a national Act. 3. VCAT Review: LIV hosted a stakeholder forum with LIV members and Justice Bell; members from across different Practice Sections within LIV participated in a working group to develop a comprehensive submission to the Review

Disability Discriminati 1. Managing Challenges: on Legal Service DDLS does not have a dedicated policy law reform worker which is a great difficulty for obvious reasons. I have voluntarily taken on this role and had been responsible for drafting DDLS’s major submissions in response to inquiries or pending bills that relate to disability or discrimination issues. As DDLS representative to the LIV disability committee, I have also raised a number of law reform proposals through the Law Institute of Victoria. . DDLS relies on student volunteers a and they have continued significantly in our policy law reform work. On a national level, we either formulate our policies and draft our submissions and/or join in sector submission. The NSW DDLS has proposed that each state or territory CLC C member of the disability discrimination network contribute 5% of core funding towards a network policy and law reform worker. We recognized the value of poorly funded CLCs sharing a worker however, we abstained from participation because we wanted someone based in our office rather than interstate. Also, we received a one off funding from the state and on my proposal , the DDLS manager and committee of management agreed to recruit a part time worker for a 2 year contract with a view to employing a permanent worker should our existing or generated finds allow it. Applicants will be interviewed starting the Friday. We anticipate this person will be hired and commence by mid March 2010. Up until 2008, DDLS had a partnership agreement with Ballarat University, where DDLS invested $5,000 per annum to a post graduate research on people with disability who are victim survivors of sexual abuse. One of the current DDLS research projects is an anti disability vilification bill. Our one day CLE person was looking after it but it was simply impossible to follow up any work with such limited hour. The project has been on hold pending the recruitment of the DDLS policy/ law reform worker . 2. Commonalities: Our network is guided by federal and state EOA legislations as well as the UN conventions. We aim to localize as much as possible the international obligations that Australia is a party Our DDLS network meets by telephone once a month and among others, attempts to identify reform issues raised by client intake as well as government policy development. It is accepted that law or policy reform is the ultimate aim of litigious actions and that the necessity of legal action is reviewed where community organisati0ons achieve effective and fruitful dialogue with the private organizations who are the receiving end of our pleadings. Without a dedicated worker, policy work will be mainly responsive rather than pro active. Some overseas jurisdictions, particularly those with progressive human rights statues and case law are sources of practical comparisons and models from which a domestic positions maybe formulated. 3. The VLRC: DDLS participates in the commissions inquiries, the latest of which was its inquiry on assistance animals. The focus of DDLS policy work is anti-discrimination. In our view, the state’s program for students with disabilities needs an overhaul. Environmen t Defenders 1. Climate change (Cth and State) Office 2. Victorian planning laws (Victoria) 3. Biodiversity Protection (Cth and State)

35 submissions in the areas of criminal law, family law and civil law. Key areas of focus are:

Victoria 1. Child protection taskforce Legal Aid 2. Implementation of criminal procedure (as per the Justice Statement 2), 3. Mental health reforms 4. Access to justice senate inquiry

1. Police move on powers: opposition to proposed local and then state laws Youthlaw 2. Infringements ie. reduced fines for young people, free travel for homeless young people, improvements of CAYPINs etc 3. Excessive force by police: Legal intervention into the Cassidy Coronial Inquest Youth Affairs 1. Responding to the focus on young people, curbing anti-social behaviour and violence. To a certain extent, these issues have been framed Council as ‘youth issues’, for example in the Federal Inquiry into the impact of violence on young Australians. We have been very concerned to see the increase in police powers through the amendments to the Summary Offences and Control of Weapons Act. We are also keen to ensure that the roll-out of the State Government’s ‘Respect’ Agenda doesn’t translate into an ‘anti-young people’ law and order policy platform. 2. We have also been focussed on advocating for the development of a youth services ‘system’ and policy framework for Victoria, and within that investment in generalist youth services. 3. We have also been advocating around issue of disadvantage faced by young people in rural/regional communities, for example access to higher education, services, etc. 1. Discrimination in employment on state and national level eg. Older persons in the workplace (age discrimination), Rights for pregnant workers and their families (pregnancy discrimination) Jobwatch 2. Issues concerning employee rights and entitlements eg. Fair Work Act - access to unfair dismissal regime and other avenues for redress for unlawful termination of employment, Support for paid parental leave, Occupational Health and Safety, Privacy in the workplace 3.Human Rights - The right to work, which in turn informs economic, social and cultural rights. Victorian Legal Assistance Forum – 22