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A Guide to Working in the NSW CLC Sector 2Nd Edition

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A Guide to Working in the NSW CLC Sector 2Nd Edition PART 1 Induction A guide to working kit in the NSW CLC sector 2nd Edition 1 CLCNSW INDUCTION KIT Induction Kit: A guide to working in the NSW CLC sector 1st edition August 2009 2nd edition May 2010 Published in Sydney by Community Legal Centres NSW Inc. ABN 22 149 415 148 Notes • The information contained in Part 6: NACLC Insurance Schemes is sourced from National Association of Community Legal Centres (NACLC) with thanks. • Information pertaining to other organisations referred to within this publication has been obtained from the websites of those organisations. • Photos sourced from CLCs in NSW and reproduced with thanks. © Community Legal Centres NSW Inc. 2010 You may copy, distribute, display, download and otherwise freely deal with this work for any purpose, provided that you attribute Community Legal Centres NSW Inc. as the owner. However, you must obtain permission if you wish to (1) charge others for access to the work (other than at cost) (2) include the work in advertising or a product for sale or (3) modify the work. ISBN: 978-0-9806891-1-2 Acknowledgements Text: Robin Banks, Anna Hartree, Joanna Mantziaris, Alastair McEwin, Grainne Murphy, Amanda Smithers Design: ARMEDIA Printing: Freehills Disclaimer This kit is for general information purposes only. Community Legal Centres NSW Inc. disclaims all liability for errors or omissions of any kind whatsoever, or for any loss or damage, in whole or in part, arising from any person relying on any information in this publication. contact us C17, 99 Jones Street Ultimo NSW 2007 T: (02) 9212 7333 F: (02) 9212 7332 W: www.clcnsw.org.au E: [email protected] 2 CLCNSW INDUCTION KIT PART 1 contents Part 1 What are Community Legal Centres? 4 Part 2 Community Legal Services Program 13 Part 3 Other Major CLC Funding Streams 14 Part 4 The Legal Assistance Sector in NSW 16 Part 5 Other Key Agencies and Organisations 21 Part 6 NACLC Insurance Schemes 27 Part 7 Bulletin Board System (BBS) 30 Part 8 Resources and Supports Available for CLCs 31 Part 9 Centre Specific Information 33 Part 10 Acronyms and Terms 34 Appendix 1 Coordinator’s/Director’s Checklist 40 Appendix 2 New Staff Notification Form 42 3 CLCNSW INDUCTION KIT PART 1 What are Community Legal Centres? Community legal centres (CLCs) are the strength and depth of the relationships n Independent community organisations we have with other local organisations and providing free legal advice and related individuals within communities. services to people and communities CLCs provide legal services to individuals facing economic, social or cultural and also undertake: disadvantage n Community development n Accredited by a national peak body, n Community legal education (CLE) National Association of Community Legal n Law reform projects based on client need Centres (NACLC). that are preventative in outcome and strengthen the community they serve. There are now 200 CLCs throughout Australia, with 39 CLCs in urban, regional, Hundreds of volunteer solicitors, barristers, rural and remote locations in New South law students and other people work with CLC Wales offering legal advice and assistance staff to provide legal services which assist, to local people living in the geographic inform and advise people with problems catchment area. which, if left unattended, can and do develop CLCs are distinguished from other legal into legal issues which may then also need service providers by our ability to respond intervention and/or representation. to evolving needs in the communities we All CLCs are committed to collaboration serve. We can offer effective and creative with government, the Legal Aid Commissions solutions to legal problems based on our in each state and territory, the private legal direct experience within communities and on profession and our community partners to ensure the best outcomes for our clients, and integrity of the system of justice in Australia. CLC success stories Our work is funded from a variety of sources including state and federal Over the years, CLCs in NSW have taken on high-profile public interest governments and philanthropic organisations; test cases and class actions, some of which have resulted in changes to about 20 CLCs receive little or no funding and the legal system. These include: are staffed entirely by volunteers. n Securing damages for a six year old with spina bifida who was denied What Community Legal enrolment at a school because of her disability Centres do n Winning cases against the NSW Government’s failed Home Fund housing scheme CLCs offer a range of legal and related services that include, but are not limited to: n Winning a major case against the State Bank when it was discovered n Information that a number of their loan contracts were not legal n Appropriate referral to other agencies n Securing record compensation against Katies for women from a non- n Advice on legal matters English speaking background for employment discrimination n Legal casework and representation in n Conducting Fiji’s first successful Hague Convention Case – i.e. taking targeted areas of law n legal action in Fiji seeking recovery of an Australian child who had Community legal education and training n been taken by their parent out of Australia, in contravention of Family Participation in law reform, and public Court orders. policy development and advocacy. 4 CLCNSW INDUCTION KIT PART 1 Services are usually offered for free this includes areas such as credit and debt, (although some fee-based training is environmental law, welfare rights, mental delivered by CLCs to help cover costs) health, disability discrimination, tenancy, and are designed to ensure high levels of immigration, employment, the arts, refugees, accessibility e.g. legal advice may be provided women, and older persons. Although mostly by telephone; interviews and advice sessions situated in Sydney, they provide services may be provided after hours or via outreach. throughout NSW. There are two types of CLCs: generalist and specialist. For a full list of CLCs in Australia Philosophy see http://www.naclc.org.au/directory. CLCs developed out of a concern that many people in the community were prevented Generalist Community Legal Centres from accessing legal assistance because of In NSW generalist CLCs are located across cost or other barriers. the state, offering confidential legal advice The founders of the CLC movement and assistance on a range of issues including: recognised that many legal problems n Accidents and compensation stemmed from, or are exacerbated by, social n Apprehended Violence Orders (AVOs) and economic disadvantage or exclusion and n Banking and finance can have enormous impact on many aspects n Children and young people of peoples’ lives, beyond the need to resolve n Consumer rights an immediate legal issue. This still holds true n Crime today. n Employment CLCs therefore developed with a philosophy n Environment of holistic and accessible service provision n Family law and relationships and the need to be pro-active in addressing n Health the root causes of the legal problems n Housing people experience. This has resulted in the n Human rights development of multi-disciplinary teams n Neighbours within CLCs, which may include community n Social services, welfare and Centrelink development workers, social workers, lawyers, n Transport researchers and educators. n Wills and estates. Some key milestones Some generalist CLCs will also offer n Fitzroy Legal Centre opened in specialist advice in areas such as tenancy, Melbourne on 18 December 1972 child support, welfare rights, immigration, n Springvale Legal Service, the St Kilda property and development, or they target Legal Service and Broadmeadows Legal their services to a specific community such Service all began in 1973 focusing on as Aboriginal and Torres Strait Islander providing free legal services by volunteers Peoples, children and young people, women, to their local areas older people, refugees, prisoners, the n The first Aboriginal Legal Services was homeless, gay and lesbian people and other established in 1974 by the Federal groups. Government, and the Australian Legal The decision to provide such services may Aid Office opened (and survived until be due to targeted funding, or made by the December 1975) CLC Management Committee in response n In NSW, Redfern Legal Centre opened in to a specific demographic or need identified March 1977. within the local community. In 1979: Specialist Community Legal Centres n The Legal Aid Commission Act 1979 Specialist CLCs concentrate on a particular (NSW) established what is now known as area of law or target a specific group. They Legal Aid NSW offer advice, assistance and legal education n Redfern CLC organised the first CLC to individuals and organisations. In NSW annual conference 5 CLCNSW INDUCTION KIT PART 1 n The first Commonwealth funding grants – total $175,000 – were made to CLCs The National Association of following representation from Victoria, Community Legal Centres NSW, Queensland and South Australia (NACLC) CLCs in drawing up Federal funding NACLC is the association (and peak body) guidelines. of state-based community legal centre organisations in Australia representing Subsequently, there has been a period of approximately 200 members. dynamic growth and CLCs have increased The Association was established for the in number and diversity, often as a local public charitable purposes of assisting community initiative to meet need, or by disadvantaged and marginalised people in accessing available targeted funding for the Australian community to obtain access to specific projects (e.g. the Justice Statement legal services by: CLCs funded in regional areas of Australia in n Supporting and assisting CLCs to provide the early 1990s). these services History of your centre n Providing a national forum for CLCs n Developing and coordinating national It is extremely useful for all CLC staff to CLC policy have an understanding of the history of the n Advancing the interests of CLCs within establishment and development of their Australia.
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