THE ROLE AND LIMITATIONS OF COMMUNITY LEGAL CENTRES A Resource for the Wimmera Drought Legal Support Project

GENERAL (excerpts from Law Handbook 2017 website accessed 12/9/17) Community legal centres There are over 50 community legal centres throughout Victoria. They are staffed by salaried and volunteer lawyers and non-legal staff.

Community legal centres offer free legal advice; most offer a combination of day and evening legal advice sessions.

Services provided

Community legal centres are a good starting point to:

• obtain advice; • sort out legal problems; • determine eligibility for legal assistance; and • complete application forms for legal assistance.

A number of centres also:

• handle negotiations and write letters of demand; and • arrange representation in court proceedings.

The range of services provided varies, as each of the centres has developed its own specific set of guidelines.

Eligibility

Community legal centres do not have any formal means tests. Advice is generally given to anyone who attends. Generalist centres, however, attempt to cater for people in their local community. The pressure of work often means that geographical limitations are applied, and clients are requested to contact the centre nearest their home address.

The community legal centres generally take on cases where no legal assistance is available if:

• the service user comes from a culturally and linguistically diverse background; • the problem is one where the centre has particular expertise (e.g. tenancy); • the area of law is generally unserviced by most lawyers (e.g. mental health law); • the problem is of relevance to a significant group (e.g. social security); or • the service user has a special relationship with the service, or would be unable to cope dealing with other professional.

Where work is undertaken, the client is usually required to demonstrate an element of financial need. If a person is assessed as being able to pay for the services of a private lawyer, an appropriate referral is made.

If court representation is required but the client cannot afford to pay all the fees, some centres will arrange for a barrister to appear in court. These services will usually have to be paid for, although many barristers appear for clients of legal centres either for free or at a reduced rate. The arrangement made will depend on the financial situation of the client, the urgency of the case, the resources of the lawyer in the legal centre who takes instructions, the barrister who is briefed to do the appearance, and the outcome of an application for legal assistance made to VLA for consideration.

PRIORITIES OF COMMUNITY LEGAL CENTRES SERVING THE WIMMERA

CENTRAL HIGHLANDS COMMUNITY LEGAL CENTRE PRIORITIES CHCLC provides free legal advice, information and community legal education to people is the Central Highlands and Wimmera regions of Victoria, in the following areas:

• Family Law • Family Violence • Criminal Law/Police Matters • Road Traffic Offences/Fines • Youth Law • Centerlink Problems • Neighbourhood Disputes • Motor Vehicle Accidents • Debts/Consumer Credit • Victims of Crime • Discrimination/Equal Opportunity • Powers of Attorney

Most service is delivered in Ballarat with weekly outreach in Horsham via videoconferencing at the Department of Justice Service Centre, 2/21 McLachlan Street, Horsham (also outreach in in Ararat and Stawell).

MURRAY MALLEE COMMUNITY LEGAL CENTRE PRIORITIES (emphasis added) We provide free and confidential legal help to people who live, work or study in the Murray Mallee region (including the shires of Yarriambiack, Buloke and Gannawarra).

We offer face to face and telephone appointments. A lot of our work is undertaken by phone with outreach regularly provided to Robinvale, Swan Hill and Kerang in Victoria and Dareton/Wentworth

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in NSW. We also offer after hours advice appointments at our Mildura office on a Wednesday evening from 5pm – 7pm.

We offer:

• Legal information and referrals to other services when needed • Legal advice and representation to eligible clients • Advocacy and support services

What we can help you with:

• Family law and de facto relationships • Family violence and intervention orders • Discrimination, sexual harassment and equal opportunity • Victims of crime assistance • Wills, estates and powers of attorney • Debt and fines • Social security and employment • Going to court • Consumer Issues • Freedom of information • Disputes and dispute resolution

What we cannot help you with:

• Child protection or adoption • Immigration advice • Conveyancing • Personal injury / negligence • Transport Accident Commission • Advice to businesses

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