“The Rural Law Handbook provides plain language legal information which is vital for an accessible and fair justice system” Paul Weller, Victorian Farmers Federation
Annual Report 2002
Victoria Law Foundation Legal Information Simply Stated
ABN 64 131 425 884 224 Queen Street, Melbourne Vic. 3000 Tel (03) 9602 2877 Fax (03) 9602 2449 [email protected]
www.victorialaw.org.au
CONTENTS 7NotestotheFinancial Statements Financial Statement IndependentAuditReport 27 GrantsProgram 2001-2 24 23 CourtsandtheLegal Profession OtherProjects Publication Distribution 16 13 12 11 contents Publishing Report President’s 5 FoundationStaff FoundationMembers 4 3 2 participation inourlegalsystem. compliance, butalsotohelpempowerthemandensuretheiractive informed information, notsimplytohelpruralpeopleunderstandthelaworlegal processtoensure nearly everyaspectofprimaryproduction.Asaresultthereisanincreasing needfor months. Managingafarmisanincreasinglycomplexbusiness,withlaws nowregulating resounding successwithalmost2000copiessoldthroughoutVictoria inthefirstsix for adiversereadership.TheRural publishedinJanuary2002,proveda Law Handbook, Front cover:TheFoundation continuesto produce highquality, plainlanguagepublications Financial Report Projects Program 2001-2 FOUNDATION MEMBERS 2 Victoria Law Foundation
Mr MarkWoods Mr DavidFaram Mr JonFaine Projects Subgroup(from February 2002) Ms EugeniaMitrakas,O.A.M. Mr Kevin Lyons Mr VictorBorgA.M. Grants Subgroup(fromFebruary 2002) foundationMs AlexandraRichards,Q.C. Mr Frank Paton The Hon.HaddonStorey, Q.C. The President Executive ServicesSubgroup(fromFebruary 2002) The Hon.JusticeMarilynWarren, NomineeofChiefJustice Ms AlexandraRichards,Q.C.,NomineeofChiefJustice Mr JonFaine, NomineeofAttorney-General Ms ElizabethEldridge,ExOfficioMember The President Executive Committee(toFebruary 2002) Mr MarkWoods Ms EugeniaMitrakas,O.A.M. Mr Frank Paton Nominated bytheLawInstituteofVictoria Dr DavidThomas(toFebruary 2002) The Hon.HaddonStorey, Q.C. Mr JonFaine Nominated bytheAttorney-General Mr Kevin Lyons (fromJune2002) The Hon.JusticeMarilynWarren (toApril2002) Ms AlexandraRichards,Q.C. Mr VictorBorgA.M. Nominated bytheChiefJustice represented byMrPhillipDunn,Q.C. The ChairmanoftheVictorianBarCouncil Mr DavidFaram (fromApril2002) Mr JohnCorcoran(toApril2002) The President oftheLaw InstituteofVictoria Legal andPolicy, DepartmentofJustice represented byMsElizabethEldridge,ActingDeputySecretary, The Hon.RobHulls,M.P. ChiefJusticeofVictoria(President) The Hon.JusticeJohnHarberPhillips,A.C., Ex Officio staffFOUNDATION STAFF Email [email protected] URLhttp://www.victorialaw.org.au Telephone 0396022877Fax 0396022449 224 QueenStreet,MelbourneVIC. 3000 Address Administrative Support Mr ChrisAdams Receptionist andAdministrativeSupport Ms Pamela Grellet Office Manager Ms BeverleyPaterson Grants Manager Project Officer-Voluntas: Pro BonoSecretariat Ms MargaretCamilleri Marketing andPublic RelationsManager(fromAugust2001) Ms JoadyDonovan Manager ofElectronicContent Project Manager-AustralianLaw Courseware Ms BernadetteRoyall(toAugust2001) Director ofPublishing Mr RichardCoverdale Deputy Director Ms AnnieWoodger (onmaternityleavefromNovember2001) Executive Director(toMay2002) Mr MarkHerron
3 Annual Report 2002 PRESIDENT’S REPORT 4 Victoria Law Foundation
president16 October2002 Chief JusticeandPresident VictoriaLaw Foundation JOHN HARBERPHILLIPS, A.C. practice andeffectiveprovisionoflegalinformation. will enhancetheFoundation’s contributiontotheadvancementofjustice,professionalbest wealth ofexperienceinbothresearchandpublications.Iamsureherenergycreativeflair She bringstoitprovencommitmentandsuccessinprojectsofpublicbenefittogetherwitha as ournewExecutiveDirector. Iwelcomehertothissignificantpositioninourlegalcommunity. I amverypleasedtoannouncethatProfessor Kathy Laster hasrecentlyjoined theFoundation commercial experience. General appointedasherreplacementMrKevin Lyons, aleadingmemberoftheBarwithmuch resigned fromtheFoundation afterdistinguishedservice.UponmynominationtheAttorney- for anewphaseofhiscareerwithourbestwishes.DuringtheyearTheHon.MarilynWarren leave theFoundation. manyyearsofserviceandhedeparts ItisproperthatIacknowledgeMark’s which hemadeasubstantialcontribution,ourExecutiveDirector, MrMarkHerron,decidedto conducted. Allaspectsofouroperationswereexamined.Atthecompletionreviews,to The yearhasseenmuchchangeattheFoundation. Two substantialadministrativereviewswere PROJECTS PROGRAM producers. guide bookcoveringanextensive rangeoflegaltopicsaffectingtheactivitiesprimary ofthisprojectwas demanding, buttheresultisapractical,accurateand detailed the co-ordination fourteencriticalreadersandover125topicsoflaw,With threeprincipalauthors,five sub-authors, sales. Victorian Farmers Federation) greatlyassistinginthepromotionofbookandgeneration laws’ Reviews ofthebookhavebeenverypositivewithcommentssuch as‘Newbookabibleofrural Within thefirstsixmonthsofpublication,almost2000copieswere soldthroughoutVictoria. Published inJanuary 2002, Project costsin2001-2: $34197 Funds committed:$56100 The RuralLawHandbook–AGuideforPrimary Producers publishing projectswereundertakenorcompleted. During thisfinancialyear, atotalof85727publicationshavebeendistributed,andthefollowing of partnershipwillcontributetotheFoundation’s publishingactivitiesinthefuture. With anumberofotherpossiblecollaborationscurrentlyinthewings,itislikelythatvariousforms advantage indisseminatinginformationtotheirconstituents. of theresource.Thisobjectivityisregardedbyagrowingnumberorganisationsasgreat interpretation ofthelaw. Anyperceptionofbiasinthatinterpretationwillsoondiminishthevalue information resources,becausetodothiseffectivelyrequirespracticaladvicebasedon impartial andauthoritative.Thisisparticularlyimportantwhendevelopingplainlanguage of information,theFoundation isabletoprovideanarm’s lengthservicewhichisrecognisedas independence oftheFoundation. agentforjusticethroughthedissemination Asanon-commercial other advantagestoourpartnersinthesecollaborations.Asignificantadvantageisthe In additiontogainingtheexpertiseofFoundation inplainlanguagepublishing, therearealso able toaccessdirectlyand,throughsharingfinancialresponsibilityfortheproject,reducecosts. knowledge andexpertise,oftenintroducetheFoundation tomarketswewouldotherwisenot be Such collaborationsarebeneficialinanumberofways-theydrawbroaderrangeskills, Services CommissionerandtheVictorianPrivacy Commissioner. Victorian CivilandAdministrativeTribunal, theVictorianFarmers Federation, theVictorianHealth Department ofNaturalResourcesandEnvironment,theNationalChildren’s andYouth Law Centre, several organisationsoverthislastfinancialyear, includingtheDepartmentofInfrastructure, independent publisherofhighquality, authoritativeresources,hasresultedincollaborationswith with anumberofotherorganisationsandindividuals.ThegrowingregardfortheFoundation asan The Foundation hasattemptedtorespondtheseneedsbothindependentlyandcollaboratively participation inourlegalsystem. compliance, butalsotohelpempowerthosedirectlyaffectedandensuretheiractiveinformed information, notsimplytoassistinanunderstandingofarealaworlegalprocessensure As aresultofanincreasinglyregulatedandcomplexenvironmentthereisgreaterneedfor litigation. being theincreasingregulationofeverydayandbusinessactivitiesgrowingconcernabout and industry, andincommunitylife. Anumberoffactorsinfluencethisdemand,nottheleast The demandforplainlanguagelegalinformationisgrowing, intheeducationsector, inbusiness topics aimedatadiversereadership. The Foundation continuestoproducehighquality, plainlanguagepublicationsacrossarangeof Publishing
(The Weekly Times) projects and ‘anidealreferenceguideforfarmers’(Peter Walsh, President, The Rural Law Handbook 2001/2 has beenaresoundingFoundation success.
5 Annual Report 2002 Representing Children and Young People – A Lawyer’s Practice Guide
Funds committed: $52 580 Project costs in 2001-2: $30 150
In recognition of the unique issues often confronting lawyers when working with children and young people, and following the development of the Guidelines for Lawyers Acting for Children and Young People produced by the Foundation in early 1999, this comprehensive and practical handbook was published in November 2001.
Written with the assistance of the National Children’s and Youth Law Centre, Representing Children and Young People - A Lawyer’s Practice Guide was launched by Chief Justice, The Hon. John Phillips A.C., Judge Jennifer Coate, and Moira Rayner, Founding Director of the Office of Children’s Rights Commissioner for London.
While the book is designed primarily for lawyers assisting young clients, it was also written with the needs of human service workers in mind, particularly youth workers, social workers, advocacy and counselling service workers who deal with young people and may be called upon to assist their young clients through a legal process.
With over 320 printed pages the handbook covers a broad range of topics including:
● direct and best-interest representation ● communication issues ● capacity to instruct ● children with special needs ● expert evidence ● court appearances ● post hearing ● jurisdictional issues.
Response to the handbook has been very positive with the practical style of the publication being an important factor.
A recent review in the Law Society Journal NSW, written by Hugh Selby, stated: How I wish that Representing Children and Young People had been around before my first venture into the Children’s Court ... Get this book. Read it. Follow it. Make the dream come true for the authors and children and young people who have a right to expect us to be competent.
Left: Gathering at the launch of “Representing Children and Young People” on 26 November 2001 at the Children’s Court of Victoria Middle: Attending the launch: Wycheproof P-12 College students participating in the Children and Justice Project, Eliza Connolly (Runner-Up), Cassie Turner (Highly Commended) and Samantha Noonan (Runner-Up and back cover illustrator) and the author of “Representing Children and Young People”, Lani Blackman. Right: At the launch, Her Honour Judge Coate of the Children’s Court of Victoria examines the display of artwork with Oya Gulal of Moreland Primary School, a highly commended participant in the Children and Justice Project. Victoria Law Foundation Victoria Law
6 Working It Out – A Mediation Resource Package
Funds committed: $26 460 Funds provided (Victorian Civil and Administrative Tribunal): $16 345 Project costs in 2001-2: $22 410
In mid 2001 the Foundation was approached by the Victorian Civil and Administrative Tribunal (VCAT) with a proposal for the joint production of a video on the mediation process. Having an active history in the development of resources around mediation and in recognition of the dearth of generic resources in this burgeoning area of dispute resolution, the Foundation determined to proceed on a joint basis with VCAT.
The Foundation saw the video as a key component in the development of a broader information package for users of mediation nationally, while VCAT proposed to use the video as a stand-alone instructional resource to assist in preparing applicants intending to participate in VCAT mediations.
The Mediation Resource Package, which consists of the video, presented by Julie McCrossin (of Radio National and Good News Week fame), the booklet Working it Out - A Users Guide To Dispute Resolution Processes and Trainers Notes, was completed and launched at Parliament House in May 2002.
The project has been a great success in terms of the quality of the product, the demand for the package nationally and the convergence of outcomes for VCAT and the Foundation. an excellent teaching resource ... a standard addition to a lawyer’s office ... teaches more and faster than books do ... highly recommended Professor John Wade, Dispute Resolution Centre, Bond University
Left: At the launch of “Working it out”: Alexandra Richards QC, Member, Victoria Law Foundation, Assoc Prof Di Bretherton, International Conflict Resolution Centre, University of Melbourne, The Hon. Justice Kellam, Victorian Civil and Administrative Tribunal and The Hon. Rob Hulls MP, Attorney-General, Victoria Right: Joady Donovan, Victoria Law Foundation, Olympia Tzanoudakis and Jeanette Lee, Yooralla Society of Victoria
Teachers, Students and the Law – National Version
Funds committed: $25 317 Project costs in 2001-2: $16 423
The Victorian version of this book was such a success, with the distribution of 63 000 copies and the awarding of first place in the prestigious Australian Awards for Excellence in Educational Publishing - Teacher Reference Category, that a national version was initiated.
With a print run of 6000 copies, the seventy-two page booklet was published in March 2002. It is receiving great interest from all states and territories. The Western Australian, Australian Education Union branch has purchased 1000 copies, while strong orders are also being received from schools, teacher training institutions and individuals nationally.
I have just received the two copies of the national version of Teachers, students and the law which I previously ordered. The Principal was so impressed when I showed him that he asked me to order more. Please send us an additional 32 copies. Many thanks, Neroli Douglas, Teacher Librarian, Sydney Adventist College, Strathfield NSW 2002 Annual Report 7 Common Ground – Your Guide to Body Corporate Law and Living
Funds provided (Department of Infrastructure): $62 095 Project costs in 2001-2: $32 567
There are currently 60 000 bodies corporate in Victoria and the number is growing. Approximately 40 000 of these are self managed. Many body corporate members may be on low or statutory incomes, with their unit or apartment being their main asset; other residents may be renting within a body corporate.
Very little plain language information is available for body corporate members on their rights or the legal processes required for the management of their residential block. As a result owners are at best frustrated and at worst intimidated and exploited by ineffective or mismanaged bodies corporate.
Successful negotiations with the Department of Infrastructure in 2001 led to funds being made available by the Department for the production and distribution of 50 000 copies of this twenty-six page booklet and an interactive web version.
Following an extensive testing and review process Common Ground was published in November 2001 and distributed to 500 key agencies and individual body corporate members in Victoria.
The success of Common Ground means that a reprint is likely in the near future. The demand for the booklet also highlights a need for more substantive information for body corporate members and managers. The publication of a detailed Body Corporate Managers Handbook designed for use by the large number of self-managed bodies corporate is currently being discussed.
Privacy Law Booklet
Funds Provided (Privacy Commissioner, Health Services Commissioner): $62 700 Project costs in 2001-2: $1 364
With the introduction of the Information Privacy Act (Vic) 2000 and the Health Records Act (Vic) 2001, it is imperative that Victorian individuals and organisations are aware of their obligations and rights under these two pieces of important legislation. While both Privacy Victoria and the Health Services Commission are undertaking a number of strategies to disseminate information throughout Victoria, they recognise the expertise of the Foundation and the benefit of drawing on its independence to develop a concise consumer information booklet. Matched funding has been provided by both organisations for the production of the booklet.
The booklet will cover both pieces of Victorian privacy legislation as well as the Commonwealth Privacy Act and FOI law. Fifty thousand booklets will be produced and distributed by the Foundation to organisations throughout Victoria, together with an internet version. The booklet should be complete before the end of 2002.
Local Laws Series Update
The Local Laws Series, developed with Victorian local governments, aims to give Victorians clear information about laws that affect their everyday activities.
With over 600 000 copies produced and distributed over the last four and a half years, these three popular publications - Dogs, Cats, Neighbours and You; Parking, the Law and You; and Neighbours, the Law and You - are now widely available throughout Victoria. In addition to council offices across the state, they can be found in many libraries and Parliamentarians’ local offices.
Each year councils are asked to indicate the number of copies they require and are subsequently charged for production costs. With the next round of offers about to occur it is expected that demand will continue. Victoria Law Foundation Victoria Law
8 Civics and Citizenship Education Project
Funds committed: $27 778 Project costs in 2001-2: $21 044
In 1996, the Foundation developed The Civics and Citizenship Education Project. This kit was distributed to every secondary school in Victoria and enjoyed great popularity. Given the interest in the Victorian version of the kit and the relative ease in producing a national version, the Foundation updated the kit to become a resource for all Australian teachers and students. Primarily designed for secondary school years nine and ten, the kit consists of a Teachers Manual and four interrelated units. Unit 1, ‘Australians All’, introduces the concept of citizenship and asks what it means to be a citizen in the twenty-first century. Unit 2, ‘Systems and Citizens’, examines the Constitution, Parliament and the courts as components in the ‘dynamic of democracy’. Unit 3, ‘Rights and Responsibilities’, invites students to look at the rights and freedoms we have, or assume we have, and the responsibilities such rights entail. Unit 4, ‘Active Citizens’, uses an issues-based approach to look at how we participate in ‘the system’ by exercising our rights and responsibilities.
The revised kit includes new sections on the 1999 Constitutional Referendum, Australia as a republic, and the reconciliation movement. The kit has been published in hard copy form with an accompanying CD to assist teachers in cutting and pasting exercises and activities to accommodate class lesson requirements.
Law and Legal Principles for Human Services CD rom
Funds committed: $87 900 Project costs in 2001-2: $38 632
This project involves the production of a CD rom designed to be relevant across the human service industry including aged, disability, youth, health, family and cultural services. Due to delays and cost increases the topic areas proposed have been reduced to Duty of Care and Privacy and Confidentiality. Expected to be completed in November 2002, the CD will provide practical plain language information, sample case studies and interactive exercises for human service organisations nationally. It is hoped that the completed CD will then form the basis of a template for the development of CDs in the other topic areas initially proposed - consent and capacity; assault and harassment; substitute decision making.
When a Person Dies – The Coroner’s Process (reprint)
Funds provided (State Coroners Office) - $5 884 Project costs in 2001-2: Nil
Initially published by the Foundation on behalf of the State Coroner’s Office in late 2000, 4500 booklets were produced and delivered to the Coroner’s Office. A reprint of a further 8000 copies of the booklet was requested and subsequently undertaken in May 2002.
Publications, Marketing and Distribution Infrastructure
Funds committed 2000-1: $17 572 Project costs in 2001-2: $14 529 Funds committed 2001-2: $19 810 Project costs in 2001-2: $1 115
Funds were made available to enable both production of publication marketing materials and to ensure that infrastructure was in place to manage the growing storage, handling and dispatching requirements associated with book publishing.
The Foundation’s second catalogue of publications, including consignment publications, was distributed in August 2001, with a print run of 25 000, Copies were distributed through conferences, journal inserts and direct mail. Thirty-eight publications were promoted including 2002 Annual Report
9 seventeen consignment publications drawn from both the community sector and commercial publishers. All publications meet the Foundation’s criteria for quality and accessibility and cover a broad range of law and justice topics.
The Foundation is committed to assisting community organisations that may not have the resources or expertise to market and publish their own titles. Thus, our marketing and distribution infrastructure enables quality publications from the community sector to find a market and ensures the public has access to a diverse range of information about the law and legal system.
Public Relations and Marketing Position
Funds committed: $67 627 Project costs in 2001-2: $45 631
With the expansion of our publishing activities the need to actively market our list of titles has become more pressing. Our publication projects have also created opportunities for both diffusing costs to the Foundation and for income generation, through partnership and sponsorship arrangements. For the Foundation to take up these opportunities a focussed effort was required and thus funds were made available for the establishment of a half-time marketing position matched by existing funds for a half-time public relations position. The two components have been amalgamated to create a Marketing and Public Relations Manager position which was filled by Joady Donovan in August 2001.
In November 2001 the Foundation released a new logo and revamped website with improved functionality and ease of use. We also established a new website address and email addresses. The website has continued to be improved and updated, with marketing driving more and more customers to the site. Joady’s experience in the IT area has also proved valuable in building information management systems and developing integrated data processes. Victoria Law Foundation Victoria Law
10 Publication Distribution 1 July 2001 to 30 June 2002
The following table summarises the distribution of Foundation publications and those publications sold by the Foundation on a consignment basis:
Foundation Titles Units Distributed Details A Just Society 218 Civics and Citizenship Update Kit 31 A Ticket to Where? 6 Teachers, Students and The Law 1991 Applying for An Intervention Order 247 Responding to An Intervention Order 247 Guidelines for Lawyers Acting for 126 Children and Young People The Coroner’s Process 83 Working It Out (booklet) 263 A Law Is Made (video) 49 Direct distribution by VLF Jury Information booklets 259 Parking, The Law and You 24 Dogs, Cats, Neighbours and You 253 Neighbours, the Law and You 911 Working it Out - Video Mediation Package 46 Representing Children and Young People 299 The Rural Law Handbook 1893 When a Person Dies - The Coroner’s Process 8000 Common Ground - A guide to 50 000 body Corporate Law and Living Your Day in Court 20 225 Produced and distributed via VLA Total Foundation Publications 85 171 Consignment Titles Units Distributed Publisher Put it in Writing 66 Choice Books Making Sense of the Family Court 64 Law Handbook 35 Law Handbook CD rom Fitzroy Legal Service Law Handbook combined book and CD rom 5 What are Human Rights? 51 Drama of the Courtroom 36 Local Government, Public Enterprise and Ethics 15 Law on the Internet 40 The Federation Press Law in Context: Explorations on 37 Law and Disability in Australia Disrupted Families 28 Defining Australian Citizenship 21 Melbourne University Press Human Rights, Corporate Responsibility 32 Kebabs, Kids, Cops and Crime 27 Profiting from Punishment 14 Pluto Press Rethinking Law and Order 25 The Great Constitutional Swindle 10 Email Law - A planning guide for the delivery 48 Law and Justice Foundation of NSW of free legal assistance via email Over the Rainbow 2 Victoria Gay and Lesbian Rights Lobby Total Consignment Publications 556 Total Publications Distributed 85 727 2002 Annual Report 11 At the “Paul Chartrand Round Table”: Justice Coldrey, Supreme Court of Victoria, Peter Seidel, Arnold Bloch Leibler, Andrew Jackomos, Department of Justice, Janet Belleli, Arnold Bloch Leibler, Chris Loorham and Tony Shelley, National Native Title Tribunal.
Other Projects
100 Years as ‘Australia’: Professional Development for Adult Educators
Funds committed: $7 305 Project costs in 2001-2: $3 260
This professional development program for adult educators from TAFEs, learning centres and neighbourhood houses was designed to assist adult educators teach their students about the history of Federation. It looked at how our Constitution reflected the values and aspirations of the late nineteenth century, how these influences affected our government and Constitution between 1901-2001 and asked how the Constitution would serve us in the twenty-first century. The full day session included material and class exercises which teachers could take away and use with their students - whether English as a Second Language students, adult literacy students or students re- entering formal study.
A successful session was conducted in Wangaratta in early August. Unfortunately, despite efforts to publicise the sessions widely, insufficient enrolments meant no further sessions were conducted.
Seminars
The Foundation prides itself on its seminar program which is flexible, creative and responsive to immediate and long-standing issues. In the last financial year, the following seminars were held.
Paul Chartrand Round Table: Identity of Aboriginal Peoples – Law and Legal Policy
On 6 September 2001 the Foundation hosted a round table with Paul Chartrand, Canadian Indigenous Bar Association member, Commissioner Aboriginal Justice Implementation, and International Scholar from Canada, with representatives from Victoria’s judiciary, Department of Justice, National Native Title Tribunal and legal firms. A Foundation grant sponsored Paul’s travel to Australia to speak at the Yothu Yindi Foundation Garma Festival of Traditional Culture - Ngarra Forum held in Gove, Northern Territory from 23-4 August 2001.
Paul shared his insight and comparative experience on the identity of Aboriginal Peoples and other areas of expertise, including: Alternatives to Imprisonment, Aboriginal Justice Implementation Commission, Royal Commission on Aboriginal Peoples, United Nations activity, and the Metis National Council.
Our Land – Beyond 2001 Forum, Native Title: Meeting the Legal Challenge
On 13 November 2001 a forum was jointly hosted by the Victoria Law Foundation and the National Native Title Tribunal, chaired by Chris Loorham of the National Native Title Tribunal in the boardroom at Arnold Bloch Leibler. Three presentations were made, followed by questions: ‘Reaching mediated outcomes in native title’ by Professor Douglas Williamson Q.C., Member, National Native Title Tribunal; ‘Aspirations of native title holders’ by Gary Murray, multi-clan native title claimant and signatory, North West region; and ‘Recent court decisions-an update’ by Lisa Wright, Senior Legal Officer, National Native Title Tribunal. The event was well attended with over sixty participants. Victoria Law Foundation Victoria Law
12 Left: “Our Land - Beyond 2001 Forum” speakers: Gary Murray, Multi-clan native title claimant and signatory, North West region, Chris Loorham, Lisa Wright and Prof Douglas Williamson QC, National Native Title Tribunal. Right: Gary Murray addresses the audience on “Aspirations of native title holders” “For the Public Good: Pro Bono and the Legal Profession in Australia” launch: The Hon Daryl Williams AM QC MP, Attorney-General of Australia, Prof David Weisbrot, Chair National Pro Bono Task Force, Kathy Laster and Christopher Arup, La Trobe University and Bruce Moore, Mallesons Stephen Jaques. Photo courtesy of La Trobe University Bulletin
Courts and the Legal Profession
Voluntas – Pro Bono Secretariat
Funds committed 2001-2: $64 700 Project costs in 2001-2: $30 083
Pro bono legal services are legal services that are provided without fee or expectation of a fee or at a substantially reduced rate to enable a person to obtain legal advice or representation when they otherwise could not afford to do so.
Many law firms, courts and agencies now offer pro bono legal services in particular cases. Voluntas, the Victorian Pro Bono Secretariat, was established in 1998 to facilitate co-operation and co-ordination of Victoria’s pro bono effort and to avoid the costly duplication of resources which can occur in an evolving sector.
Voluntas has consistently enjoyed great success and support since its establishment. Voluntas is committed to a process that both encourages broader participation and draws on expertise from members of the legal and community sectors in planning and decision-making about pro bono.
The round table consultation sessions held in 2001 were the catalyst for implementing a range of structural changes to Voluntas that ensured Voluntas remains responsive to the needs of the community and legal sectors in relation to pro bono. Other strategies outlined in the Voluntas action plan included the formation of Pro Bono Policy Council and specific issues working groups. The new structure provides an opportunity for greater participation by a broader cross section of the legal and community sectors.
Voluntas resources, such as the Pro Bono Directory and Referral Directory, continue to be updated, ensuring lawyers are aware of potential pro bono activities they can engage in and assisting community organisations to make informed and relevant referrals to pro bono services. These resources are available on the Foundation’s web site. Other web site resources include discussion bulletin boards on topical issues such as definition.
Left: “A Network of Commitment - Future of Pro Bono in Victoria Report”launch : The Hon Chief Justice Phillips AC, Mark Herron and Margaret Camilleri, Victoria Law Foundation, The Hon Rob Hulls MP, Attorney-General Victoria, Joady Donovan, Victoria Law Foundation Middle: “A Network of Commitment” launch: Elizabeth Eldridge, Member Victoria Law Foundation, Kay Robertson, Office of Public Prosecutions, Richard Coverdale, Victoria Law Foundation, Padma Raman, Victorian Law Reform Commission Right: Mark Herron, Victoria Law Foundation, The Hon Daryl Williams AM QC MP, Attorney-General of Australia and Margaret Camilleri, Victoria Law Foundation. Photo courtesy of La Trobe University Bulletin Annual Report 2002 Annual Report
Left: Speakers assemble for the Pro Bono Symposium - “Promoting a Pro Bono Culture: Bottom Up or 13 Top Down”: Prof David Weisbrot, Australian Law Reform Commission, John Emerson, Freehills, Tony Parsons, Victoria Legal Aid, Kathy Laster, La Trobe University, Marcus Williams, Footscray Community Legal Centre. Right: Audience at the Pro Bono Symposium. Both photos courtesy of La Trobe University Bulletin Referral Directory – Pro bono, Low Cost and Free Legal Services
The Referral Directory was first printed by the Victoria Law Foundation in 1998. Consultation and anecdotal information suggested that the directory would be a much needed referral tool for community workers throughout Victoria. As the name suggests the directory contains information about legal services that are either provided free or at low cost. Directory information is categorised in five ways:
1. By area of Law 2. State wide services 3. Regional services 4. Legal Aid and law aid 5. Other useful resources eg Legalonline
Pro Bono Directory – A Guide to Pro Bono Opportunities for the Legal Profession
Funds committee: $2 333 Project costs in 2001-2: $1 323
The Pro Bono Directory was first printed by the Victoria Law Foundation in 1997, prior to the establishment of Voluntas. Since 1998 Voluntas has taken responsibility to update the directory on an annual basis. The directory has a national focus containing information about a range of providers requiring the services of legal practitioners including courts, Community Information Centres, Community Legal Centres, Clearinghouses, Bar Council Schemes and other community providers.
The aim of the directory is to provide members of the legal profession in Australia with information about formal pro bono schemes available in each State and Territory
Legal Reporting Awards
Funds committed: $9 090 Project costs in 2001-2: $3 943
The fifth annual Legal Reporting Awards were held in May 2002 during Law Week at the Supreme Court of Victoria. The awards promote the highest standard of media reporting on legal issues in Victoria and recognise that legal reporting requires special knowledge and skill. This year 174 pieces were entered by twenty-four entrants with awards being made in nine categories.
Left: Legal Reporting Awards 2002 presented by The Hon Chief Justice Phillips AC, clockwise from front: Liz Porter, Gary Tippet, David Johns, The Hon Chief Justice Phillips AC, Steve Butcher, Mignon Henne, Jason Silverii, Glenda Brigham, Damien Carrick. Middle: Legal Reporting Awards: Mike Zafiropoulos, SBS, Eugenia Mitrakas OAM, Member Victoria Law Foundation, Murray Green, ABC Radio Right: Legal Reporting Awards: Frank Paton, Member Victoria Law Foundation, The Hon Chief Justice Phillips AC, and Foundation staff, Bev Paterson, Richard Coverdale and Pam Grellet Victoria Law Foundation Victoria Law
14 The Awards were judged by the former editor of The Age, Mr Mike Smith; ABC TV News presenter Mr Ian Henderson; Pictorial Co-ordinator and Photographic Sections editor at The Age, Mr John French; The Age photographer, Ms Cathryn Tremain; Courts Information Officer Ms Prue Innes; and The Hon. Justice J. H. Phillips, A.C., Chief Justice of Victoria.
Winners of the 2002 Legal Reporting Awards
● Reporter of the Year on Legal Issues Liz Porter, The Sunday Age
Highly Commended Jason Silverii, Law Institute Journal Gary Tippet, The Age
● Best Report in Print Gary Tippet, The Age for ‘The usual suspects’
Highly Commended Steve Butcher, The Age for ‘Lawyers, drugs and money’
● Best Report on Television Heather Ewart, 7.30 Report, ABC Television for ‘Rape’
● Best Report on Radio Belinda Hawkins, Background Briefing, ABC Radio for ‘The battered defence’
Highly Commended Damien Carrick, Law Report, ABC Radio for ‘Death, doctors and the criminal law’
● Best Photograph Craig Abraham, The Age for ‘Konrad Kalejs at court’
Highly Commended David Johns, Law Institute Journal for ‘Stalking: does the law work?’
● Best Illustration Glenda Brigham, Channel Ten News for ‘Child death in car’
Highly Commended Kerry Millard, Law Institute Journal for ‘The law of bias revisited’
● Best Deadline Report - All Media (coverage of late-breaking story) Mignon Henne, Channel Ten News for ‘Kalejs extradition decision cross’
● Best News Breaking Report - All Media Steve Butcher, The Age for ‘Judge Bob Kent’
● Best Centenary of Federation Report (recognising the ‘Federation’ flavour of 2001) Damien Carrick, Law Report, ABC Radio for ‘100 years of Federation’ Annual Report 2002 Annual Report
15 GRANTS PROGRAM 16 Victoria Law Foundation Services andProvider Management. Human Services(Western Region), includingChildProtection Services,Intellectual Disability have adisability. Theyplantoworkcollaborativelywithvariousunits withintheDepartmentof package aimedatimprovingthe administrationofchildprotectionordersinvolvingparentswho needless courtappearances.Together, DDLSandYooralla willdevelopanddeliveratraining disability. Training andawarenessraisingamongstchildprotectionstaffisnecessary toprevent although thereisnoevidencethat theyhavelesserparentingabilitiesthanparentswithouta partnership withYooralla. Parents withadisabilityareover-represented inthe Children’s Court, Disability DiscriminationLegal Serviceisaspecialist communitylegalcentre;thisprojectisin Paid during2001-02:Nil Grant approved:$16248 Parenting, Disabilityandthe Law, DisabilityDiscriminationLegalService,(DDLS)and Yooralla encounter. Thebookletincludesinformationon: The bookletexplainsAustralia’s legalsystemandparticularlawsthatyoungpeoplefrequently booklet fornewlyarrivedrefugeesandimmigrants,agedbetweenfourteentwenty-five years. The CentreforMulticulturalYouth Issueshasbeengrantedfundstodevelopaninformation Paid during2001-02:$8625 Grant approved:$35550 formerly, EthnicYouth IssuesNetwork Landing onYour Feet: Centre forMulticulturalYouth Issues, ● ● ● ● ● ● include informationon: specifically forpeoplewithanintellectualdisabilitycurrentlylivingininstitutions.Thekitwill have beengrantedfundstodevelopalegaleducationkitanddeliverpeertraining AMIDA andReinforceareadvocacygroupsforpeoplewithanintellectualdisability. Together they Paid during2001-02:$5572 Grant approved:$17733 (AMIDA) andREINFORCE Rights inResidenceProject: ActionforMoreIndependenceandDignityinAccommodation: ● ● ● ● ● ● ● ● ● laws toprotectwomen’s rights. workplace laws; drugs; tenancy; equal opportunitylaws; police powersandtheroleofcourt; credit, consumerlawandinsurance; family lawandtheroleofgovernmentinprotectionchildren; traffic andtransportlaws; grantsCommon Law (freedomofmovementandassault). Crimes Act(theftandassault); Equal OpportunityAct; Disability DiscriminationAct; capacity andconsentissues); Guardianship andAdministrationAct(StateTrustees andfinancialadministration; service principlesandgeneralrights); Intellectually DisabledPersons Act(generalserviceplans,restraintandseclusion, 2001/2 Patients’ Rights in the Criminal Justice System: Mental Health Legal Centre
Grant approved: $22 012 Paid during 2001-02: Nil
People with a mental illness who have contact with the criminal justice system have particular information needs that have not been available in print before now. The Mental Health Legal Centre will produce a booklet which explains the criminal justice system with particular reference to people with a mental illness.
Information For Women In Print and Online: WIRE
Grant approved: $8 572 Paid during 2001-02: $7 793
Women’s Information Referral Exchange (WIRE), is a community organisation established in 1984 to provide Victorian women with information, referrals and support on a wide range of subjects including housing, legal matters, domestic violence, employment and relationships.
WIRE produced a series of eight two-sided information sheets in 1996, many of which are currently out of date. WIRE has been granted funds to revise and reprint the sheets on topics including:
● domestic violence;
● sexual assault;
● leaving your partner;
● children - when parents separate;
● property settlement;
● counselling;
● financial security;
● debt.
Fact Sheet Kit: Refugee and Immigration Legal Centre
Grant approved: $6 825 Paid during 2001-02: Nil
The Refugee and Immigration Legal Centre (RILC), specialises in refugee and immigration law, providing free representation, case work and advice to those asylum seekers and other immigration applicants who are assessed to be amongst the most vulnerable and unable to pay for services elsewhere.
RILC has funds to print and have available on their existing web site a kit of fact sheets answering commonly asked questions by unrepresented applicants lodging refugee and immigration applications. The fact sheets will describe, step by step, the process, criteria and tips for certain kinds of applications. Topics will include:
● protection visas;
● three-year temporary refugee visas;
● offshore refugee and special humanitarian program;
● domestic violence provisions;
● onshore reunion/change of status;
● spouse visas; Annual Report 2002 Annual Report ● student visas. 17 Aged Care Outreach Program: South Port Community Legal Centre
Grant approved: $8 074 Paid during 2001-02: $4 415
The Centre has funds to edit, copy and distribute videotapes that were recorded at an aged care conference in December 1999. The videos will be used in conjunction with workshops as a learning tool to highlight the legal issues arising at the conference.
Guide to Defending Social Security Prosecutions and Overpayments: Welfare Rights Unit Repayable Subsidy
Grant approved: $23 371 Paid during 2001-02: $10 000
The Welfare Rights Unit is an independent community-based organisation that provides an advice and information service on social security matters across Victoria. In 1992, the Welfare Rights Unit, with joint funding from the Foundation and the then Legal Aid Commission, published the Guide to Defending Social Security Prosecutions and Overpayments. It was produced in response to a lack of information available to lawyers and advocates who deal specifically with overpayments and prosecutions in the social security jurisdiction. The Foundation has granted the WRU a repayable subsidy to update and re-publish the book.
Young Women’s Legal Rights Magazine: Women’s Legal Service Victoria
Grant approved: $14 292 Paid during 2001-02: $600
The Women’s Legal Service Victoria (WLSV) is a specialist legal service. Since 1981 WLSV has provided free and accessible legal services, responding to the needs of women from diverse cultural and linguistic backgrounds who experience disadvantage and face barriers in accessing the legal system.
Over the past twelve years WLSV has released three editions of a publication for young women (aged between fourteen and twenty-one years) entitled Girls Own. Having conducted focus group evaluations of previous editions, WLSV sought funding to redesign and print 2000 copies of a ‘new look’ Girls Own.
The aims of Girls Own are to:
● increase young women’s knowledge of the law and their legal rights and services available;
● provide up to date legal information to specialist support services that assist young women;
● increase the profile of Women’s Legal Service Victoria as a service provider;
● raise awareness of the information needs of young women in legal service provision.
Clinical Legal Education Program: Geelong Community Legal Centre
Grant approved: $26 985 Paid during 2001-02: Nil
GCLS has received funds to develop a clinical legal education program in conjunction with Werribee Community Legal Service, Western Suburbs Legal Service and Deakin University Law School. Victoria Law Foundation Victoria Law
18 Consumer Audit of Fair Trading Act: Consumer Law Centre Victoria
Grant approved: $4 228 Paid during 2001-02: Nil
The Consumer Law Centre Victoria (CLCV) is a specialist community legal centre and member of the Federation of Community Legal Centres. CLCV undertakes a range of activities in the area of consumer law, including research, policy advocacy and lobbying, law reform, casework practice, and test case litigation and education activities.
The grant to CLCV will assist in conducting an audit of traders’ compliance of provisions contained in the Fair Trading Act 1999 and the Trade Practices Act 1974. A postcard-sized audit card will be developed and sent to consumer support workers in twenty-four locations across Melbourne and rural and regional Victoria. The results of the survey, including recommendations, will be documented in a report soon to be circulated.
Youth Employment and Welfare Rights Card: Werribee Legal Service
Grant approved: $2 000 Paid during 2001-02: Nil
Werribee Legal Service has received funds to produce 10 000 wallet-sized cards targeting young people and containing information and referral points in the areas of welfare and employment. The aim of the card is simply to provide a starting point for young people. Cards will be widely promoted through schools, local job networks and other community groups.
Legal Information Sessions: Community Information Whittlesea, and Broadmeadows Community Legal Service
Grant approved: $15 900 Paid during 2001-02: Nil
This is a joint project between Broadmeadows Community Legal Service and Community Information Whittlesea.
The organisations plan to conduct fifteen legal information sessions targeting specific ethnic groups. The topics and targeted groups are as follows:
● probate and wills - Italian, Macedonian, Chinese;
● family law - Arabic, Turkish;
● immigration law - Tamil, Sinhalese; Serbian, Croatian;
● neighbourhood disputes - English;
● young people and the law - Samoan, Arabic.
Establishment of a Small Business Legal Service in the Western Region of Melbourne: Victoria University
Grant approved: $25 000 Paid during 2001-02: $6 250
The Foundation’s grant will assist the Victoria University to establish a small business legal service as part of its intended clinical legal education program which will complement its first year of an LL.B. program. Annual Report 2002 Annual Report
19 Consent and Confidentiality for Young People: Central Highlands Community Legal Centre
Grant approved: $5 700 Paid during 2001-02: $2 822
The Central Highlands Community Legal Centre was funded to hold a hypothetical on consent and confidentiality issues for young people in May 2002. They are currently using the information from the seminar to produce community legal education tools on consent and confidentiality issues for young people.
The Law for Gay and Lesbian People: Over the Rainbow – A Guide to the Law for Lesbians and Gay Men in Victoria
Grant approved: $33 495 Additional funding: $6 000 Paid during 2001-02: $19 129
Although it is not widely known or understood, there are many aspects of the law that are different for gay and lesbian people. The Gay and Lesbian Rights Lobby and the Law Institute of Victoria will produce a publication principally dealing with the areas of law in which sexual orientation makes a difference. The subject matter includes situations of discrimination, privacy, police and offences against the person, property ownership, inheritance, incapacity, immigration, health, superannuation, and social security entitlements
CLC Funding Project: Federation of Community Legal Centres
Grant approved: $5 459 Paid during 2001-02: $4 681
The Federation of Community Legal Centres is a state peak body organisation providing a range of services to its forty-three members across Victoria. Member centres comprise specialist and generalist centres based in Melbourne and rural and regional Victoria. The levels and sources of funding successfully sought by CLCs varies enormously in terms of funding source and the ability of many CLCs to successfully apply for funding. The project includes conducting initial research and organising a forum bringing CLCs and potential funders together.
Part-time Partnerships: Victorian Women Lawyers
Grant approved: $5 575 Additional funding: $3 125 Paid during 2001-02: $8 700
Early in 1999 the Victorian Women’s Lawyers (VWL) Committee identified a need to investigate women lawyers’ satisfaction and career progress in terms of promotions to partnership. Having conducted the research, VWL were granted funds to print the report. The report focuses on the following areas:
● reasons given by firms for not having part-time partners;
● part-time partnership arrangements in firms that have salaried partners;
● ways in which part-time partners can be accommodated in partnership deeds, if that is in fact what is required or identified as the main obstacle;
● benefits of retaining senior associates and higher level lawyers who have often had a lot invested in them by a firm. Victoria Law Foundation Victoria Law
20 Family Law Information Sessions: Peninsula Community Legal Centre
Grant approved: $4 600 Paid during 2001-02: $4 600
Peninsula Community Legal Centre was established in 1977. Since its inception it has developed considerably. It now provides a number of outreach services within the region.
The project consisted of a series of information sessions on family law. These sessions were conducted in the Pines Forest Estate over a three-week period. The estate is particularly disadvantaged with single parents comprising a high proportion of the population. The pilot will culminate in an evaluation to assess the viability of conducting additional sessions at locations including Rosebud, Cranbourne, Chelsea, Mornington, Moorabbin, and Narre Warren. A resource kit will also be developed for this purpose, addressing the following subjects:
● family law - a general overview;
● child support;
● property settlement - how it works; is mediation an option;
● family violence;
● how to do your own divorce.
National Youth Network Meeting – Werribee Legal Service
Grant approved: $594 Paid during 2001-02: $560
Gavin Green of YouthLaw@Werribee Legal Service attended the National Youth Advocacy Network annual meeting on 2 September 2001 and the National Association of Community Legal Centres conference. He presented a Paper jointly with Sarah Nicholson and Annie Pettit on the Young People and Children’s Working Group - Working Conference on the Rights of Children and Young People held in Melbourne in March 2001.
Garma Festival 2001 – Yothu Yindi Foundation
Grant approved: $6 083 Paid during 2001-02: $6 587
In August 2001 the Foundation approved a grant to meet the travel and accommodation costs of one of its invited speakers for the Garma Festival. The Garma Festival is a forum on Australian indigenous communities and the criminal justice system. Paul Chartrand, is a Metis (indigenous Canadian) from Manitoba, and a former professor specialising in Aboriginal law and policy issues. He is a graduate of Manitoba Teachers College, the University of Winnipeg, Queensland University of Technology and the University of Saalatchewan. He served on the Royal Commission on Aboriginal Peoples, and has authored numerous publications, including a book on Metis land rights. Paul Chartrand also visited Melbourne to speak at a round table discussion organised by the Foundation. Annual Report 2002 Annual Report
21 An Evaluation of a Computer Assessment Tool for Investigative Interviews of Children: La Trobe University
Grant approved: $22 407 Paid during 2001-02: $1 979
La Trobe University developed a computer program on CD Rom which allowed children to demonstrate their understanding of temporal and spatial concepts. The program, which was designed for children between the ages of 4 and 7 years, tested the child’s understanding by inviting the child to perform a variety of actions which required discrimination of colour, number, time and space to perform correctly. The grant allows evaluation to establish the reliability and validity of the program as well as its usefulness by providing for the costs of a Research Assistant to carry out the interview work, animator fees and programmer fees to make minor adjustments to the program. If the evaluation shows that the program is successful it will be used when questioning children in relation to child abuse.
Legal Handbook for Sex Workers: St. Kilda Community Legal Service and Inner South Community Health Service
Grant approved: $19 876 Paid during 2001-02: $13 030
A grant has been made to these organisations to substantially update and reproduce a legal handbook for sex workers - The Hussies Handbook. The title of the new publication is LIP (Legal Information for Professionals) and includes information in relation to the following areas:
● Dealing with the Police
● Safe places
● Sex workers, Children and the Family Court
● Health and Safety at Work
● Sex work and Tax
For Names Sake: The Legal Centre, Community Connections, Warrnambool
Grant approved: $2 329 Paid during 2001-02: $403
The ‘Legal Centre’ based in Warrnambool was granted funds to develop fact sheets and promotional posters covering current procedures and legislative requirements governing the issue of naming a child and other details for registering the birth and changing names later in life.
The rationale for the project stems from the Centre’s case work the majority of which relates to family law issues and the impact that separation and divorce has on name changes - particularly for the child.
Executive Director’s Grant
In the Loop – Communications Law Centre
Grant approved: $5 818 Paid during 2001-02: $5 818
The Communications Law Centre received an Executive Director’s grant to investigate the legal issues being faced by non profit organisations which provide community based Internet facilities to the public. These organisations may include Neighbourhood Houses, Libraries and Community
Victoria Law Foundation Victoria Law Centres, and the potential legal issues are numerous.
22 INDEPENDENT AUDIT REPORT TO THE MEMBERS OF VICTORIA LAW FOUNDATION
Scope
We have audited the financial report of Victoria Law Foundation for the financial year ended 30 June 2002 comprising the Statement of Financial Performance, Statement of Financial Position, Statement of Cash Flows and notes to the financial statements.
We have conducted an independent audit of this financial report in order to express an opinion on it to the members of the Foundation.
Our audit has been conducted in accordance with Australian Auditing Standards to provide reasonable assurance whether the financial report is free of material misstatement. Our procedures included examination, on a test basis, of evidence supporting the amounts and other disclosures in the financial report, and the evaluation of accounting policies and significant accounting estimates. These procedures have been undertaken to form an opinion whether, in all material respects, the financial report is presented fairly in accordance with Accounting Standards and other mandatory professional reporting requirements and statutory requirements so as to present a view which is consistent with our understanding of the foundation’s financial position and performance as represented by the results of their operations and their cash flows.
The audit opinion expressed in this report has been formed on the above basis.
Audit Opinion
In our opinion, the financial report of Victoria Law Foundation presents fairly, in accordance with applicable Australian Accounting standards and other mandatory professional reporting requirements, the financial position of the foundation as at 30 June 2002 and its performance for the year ending on that date.
PITCHER PARTNERS
T J BENFOLD Partner Melbourne Annual Report 2002 Annual Report
23 auditors’ report FINANCIAL STATEMENT
STATEMENT OF FINANCIAL PERFORMANCE FOR THE YEAR ENDED 30 JUNE 2002
2002 2001
Notes $ $
Revenue From Ordinary Activities
Sales revenue 2 93,396 81,418
Other revenues from ordinary activities 2 1,003,607 865,359
1,097,003 946,777
Grants and Projects paid under S.14(2) of the Victoria Law Foundation Act 1978 (374,451) (462,397)
Administrative expenses (950,457) (707,353)
Other expenses from ordinary activities (100,795) (180,375)
(1,425,703) (1,350,125)
Borrowing costs expense 3 (2,882) (3,043)
Profit/(Loss) from ordinary activities (331,582) (406,391) financials
Victoria Law Foundation Victoria Law The accompanying notes form part of these financial statements. 24 FINANCIAL STATEMENT
STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2002
2002 2001
Notes $ $
Current Assets
Cash assets 4 1,529,551 1,825,635
Receivables 5 33,016 25,112
Other 6 - 34,337
TOTAL CURRENT ASSETS 1,562,567 1,885,084
Non-Current Assets
Other financial assets 7 685,509 581,809
Property, plant and equipment 8 46,384 111,209
TOTAL NON-CURRENT ASSETS 731,893 693,018
TOTAL ASSETS 2,294,460 2,578,102
Current Liabilities
Payables 9 97,691 44,921
Provisions 10 45,603 19,068
TOTAL CURRENT LIABILITIES 143,294 63,989
Non-Current Liabilities
Provisions 10 6,505 37,870
TOTAL NON-CURRENT LIABILITIES 6,505 37,870
TOTAL LIABILITIES 149,799 101,859
NET ASSETS 2,144,661 2,476,243
Reserve and Accumulated Funds
Accumulated Funds 2,144,661 2,476,243
TOTAL ACCUMULATED FUNDS 11 2,144,661 2,476,243
The accompanying notes form part of these financial statements. 2002 Annual Report 25 STATEMENT OF CASH FLOWS FOR THE YEAR ENDED 30 JUNE 2002
2002 2001
Notes $ $
Cash Flow From Operating Activities
Other approved Grants and Projects (374,451) (462,397)
Funding from the public purpose fund 625,000 410,000
Payments to suppliers and employees (833,013) (658,766)
Dividends received 39,505 44,005
Interest received 69,712 121,919
Sundry income 154,923 167,940
Net cash used in operating activities 12 (b) (318,324) (377,299)
Cash Flow From Investing Activities
Proceeds from sale of property, plant and equipment 31,000 -
Proceeds from sale of investments 187,785 177,801
Proceeds received from fixed interest securities - 90,000
Payment for property, plant and equipment (1,474) (34,945)
Payment for shares in quoted corporations (195,071) (131,676)
Net cash provided by investing activities 22,240 101,180
Net decrease in cash held (296,084) (276,119)
Cash at beginning of financial year 1,825,635 2,101,754
Cash at end of financial year 12 (a) 1,529,551 1,825,635 financials
Victoria Law Foundation Victoria Law The accompanying notes form part of these financial statements. 26 FINANCIAL STATEMENT
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2002
Note 1: Statement of significant accounting policies
The financial report is a general purpose financial report that has been prepared in accordance with Accounting Standards, Urgent Issues Group Consensus Views and other authoritative pronouncements of the Australian Accounting Standards Board.
The financial report is for the entity Victoria Law Foundation as an individual entity. Victoria Law Foundation is an unincorporated organisation and is domiciled in Australia.
The financial report has been prepared on an accruals basis and is based on historical costs. It does not take into account changing money values or, except where stated, current valuations of non-current assets. Cost is based on the fair value of the consideration given in exchange for assets.
Grants and projects for the Foundation are brought to account when actually paid. Other expenditure is brought to account on an accruals basis.
The following is a summary of the material accounting policies adopted by the Foundation in the preparation of the financial report. The accounting policies have been consistently applied, unless otherwise stated.
(a) Property, Plant and Equipment
Each class of property, plant and equipment is carried at cost less, where applicable, any accumulated depreciation.
Plant and equipment
Plant and equipment is measured on the cost basis.
The carrying amount of plant and equipment is reviewed annually by directors to ensure it is not in excess of the recoverable amount from those assets. The recoverable amount is assessed on the basis of the expected net cash flows which will be received from the assets employment and subsequent disposal. The expected net cash flows have not been discounted to present values in determining recoverable amounts.
Depreciation
The depreciable amount of all fixed assets including buildings and capitalised leased assets, but excluding freehold land, are depreciated over their estimated useful lives to the Foundation commencing from the time the asset is held ready for use. Leasehold improvements are depreciated over the shorter of either the unexpired period of the lease or the estimated useful lives of the improvements.
The depreciation rates used for each class of assets are:
Class of fixed asset Depreciation rates Depreciation basis
Leasehold improvements 2.5 % Straight Line
Motor Vehicles 15 % Straight Line
Office Equipment 13-40 % Straight Line
Fences, Gates and Grids 5 % Straight Line Annual Report 2002 Annual Report
27 (b) Investments
Non-current investments are measured on the cost basis. The carrying amount of investments is reviewed annually by directors to ensure it is not in excess of the recoverable amount of these investments. The recoverable amount is assessed from the quoted market value for shares in listed companies or the underlying net assets for other non-listed corporations. The expected net cash flows from investments have not been discounted to their present value in determining the recoverable amounts.
(c) Employee Entitlements
Provision is made for the Foundation’s liability for employee entitlements arising from services rendered by employees to balance date. Employee entitlements expected to be settled within one year together with entitlements arising from wages and salaries and annual leave which will be settled after one year, have been measured at their current remuneration rates and non-discounted cash flows. Other employee entitlements payable later than one year have been provided for in accordance with the provisions of the Victoria State Legislation.
Contributions are made by the Foundation to an employee superannuation fund and are charged as expenses when incurred.
(d) Revenue
Revenue from sale of goods is recognised upon the delivery of goods to customers.
Funding received from the Public Purpose Fund is brought to account in the year to which it relates.
Interest revenue is recognised on a proportional basis taking in to account the interest rates applicable to the financial assets.
Dividend revenue is recognised when the right to receive a dividend has been established. Dividends received from associates and joint venture entities are accounted for in accordance with the equity method of accounting.
Other revenue is recognised when the right to receive the revenue has been established.
All revenue is stated net of the amount of goods and services tax (GST). financials Victoria Law Foundation Victoria Law
28 FINANCIAL STATEMENT
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2002
2002 2001
Notes $ $
Note 2: Revenue
Operating activities
- sale of publications 93,396 81,418
- Public Purpose Fund 625,000 410,000
- dividends 2(a) 39,505 44,005
- interest 2(b) 69,712 121,919
- other revenue 50,605 86,522
878,218 743,864
- gross proceeds from sale of property, plant and equipment 31,000 -
- gross proceeds from sale of investments 187,785 202,913
218,785 202,913
Total Revenue 1,097,003 946,777
(a) Dividends from:
- other corporations 39,505 44,005
39,505 44,005
(b) Interest from:
- other persons 69,712 121,919
69,712 121,919
Note 3: Profit From Ordinary Activities Profit / (losses) from ordinary activities has been determined after:
Expenses:
Borrowing costs expense 2,882 3,043
Depreciation of non-current assets
- Plant and equipment 35,448 42,037
Remuneration of the auditors for:
- audit services 10,500 20,973
- other services 14,930 -
25,430 20,973 Revenue and Net Gains
Net gain on disposal of non-current assets
- property, plant and equipment 149 -
- investments 96,414 22,538 2002 Annual Report
29 NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2002
2002 2001
Notes $ $
Note 4: Cash Assets
Cash on hand 286 500
Cash at bank 17,050 92,107
Deposits at call 1,512,215 1,733,028
1,529,551 1,825,635
Note 5: Receivables
CURRENT
Trade debtors 24,199 -
Sundry receivables 8,817 25,112
33,016 25,112
Note 6: Other Assets
CURRENT
Prepaid expenses and other debtors - 34,337
Note 7: Other Financial Assets
NON-CURRENT
Shares in listed corporations financials - at cost 7(a) 685,509 581,809
685,509 581,809
(a) Market value of financial assets in listed corporations
- shares in other corporations 1,034,872 1,018,322
1,034,872 1,018,322 Victoria Law Foundation Victoria Law
30 FINANCIAL STATEMENT
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2002
2002 2001
Notes $ $
Note 8: Property, Plant and Equipment
Leasehold Improvements
At cost 3,662 3,662
Less accumulated depreciation (350) (256)
3,312 3,406
Plant and Equipment
Library
At cost 3,150 3,150
Less accumulated depreciation (1,331) (1,174)
1,819 1,976
Motor vehicles
At cost 15,348 58,348
Less accumulated depreciation (4,030) (10,544)
11,318 47,804
Office equipment
At cost 192,091 200,527
Less accumulated depreciation (162,156) (142,504)
29,935 58,023
Total plant and equipment 43,072 107,803
Total property, plant and equipment 46,384 111,209
(a) Additional Information
Library
The cost of purchases which represent long term holdings of the library are capitalised and subsequently depreciated.
Expenditure on library materials of a short term reference nature are expensed in the year of purchase.
(b) Movements in Carrying Amounts
Movement in the carrying amounts for each class of property, plant and equipment between the beginning and the end of the current financial year Annual Report 2002 Annual Report
31 NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2002
Leasehold Library Motor Office Total improvements vehicles equipment
2002 $ $ $ $ $
Balance at the beginning of the year 3,406 1,976 47,804 58,023 111,209
Additions - - - 1,474 1,474
Disposals - - (28,270) (2,580) (30,850)
Depreciation expense (94) (157) (8,216) (26,982) (35,449)
Carrying amount at end of year 3,312 1,819 11,318 29,935 46,384
2002 2001
Notes $ $
Note 9: Payables
CURRENT
Unsecured liabilities
Trade creditors 37,520 -
Sundry creditors and accruals 60,171 44,921
97,691 44,921
Note 10: Provisions
CURRENT
Provision for annual leave (a) 45,603 19,068 financials 45,603 19,068
NON-CURRENT
Provision for long service leave (a) 6,505 37,870
6,505 37,870
(a) Aggregate employee entitlements liability 52,108 56,938
(b) Number of employees at year end 7 8
Note 11: Reserve & Accumulated Funds
Accumulated funds brought forward from previous year 2,476,243 2,882,634
Deficit for the year (331,582) (406,391)
Accumulated funds at the end of the year 2,144,661 2,476,243 Victoria Law Foundation Victoria Law
32 FINANCIAL STATEMENT
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2002
NOTE 12: Cash Flow Information
(a) Reconciliation of cash
For the purposes of the statement of cash flows, cash includes cash on hand and at call deposits with banks or financial institutions, investments in money market instruments maturing within less than two months and net of bank overdrafts.
Cash at the end of the financial year as shown in the statements of cash flows is reconciled to the related items in the statement of financial position as follows:
2002 2001
Notes $ $
Cash on hand 286 500
Cash at bank 17,050 92,107
At call deposits with financial institutions 1,512,215 1,733,028
1,529,551 1,825,635
(b) Reconciliation of cash flow from operations with profit from ordinary activities
Operating loss (331,582) (406,391)
Non-cash flows in profit from ordinary activities
Depreciation 35,448 42,037
Net (gain) / loss on disposal of property, plant and equipment (149) -
Net (gain) / loss on disposal of investments (96,414) (22,538)
Changes in assets and liabilities
Increase in receivables (7,904) (10,860)
Decrease in other assets 34,337 -
Increase in payables 52,770 6,335
Increase / (decrease) in employee provisions (4,830) 14,118
Cash flows from operations (318,324) (377,299) Annual Report 2002 Annual Report
33 NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2002
13. Financial Instruments
Significant Accounting Policies and Terms and Conditions
Recognised Financial Accounting Policy Terms & Conditions Instrument
a) Financial assets
Cash on hand Cash on hand is carried Cash on hand is at call at the lower of cost and and receives no interest. net realisable value.
Cash on deposit/at bank Cash on deposit/at bank Cash on deposit/at bank receives is carried at the lower of the bank benchmark interest rates. cost and net realisable value. Cash on deposit is at call.
Term deposits Term deposits are carried Interest is bought to account when at the lower of cost and received at an average rate of 4.95%. net realisable value. Average term to maturity is generally within 30 days or on call for 11 am deposits.
Trade and sundry Trade and sundry receivables Trade and sundry receivables are receivables are carried at nominal ordinarily settled within 30 days. amounts due.
Listed Equities Listed equities are carried in Dividends are received at normal at the lower of cost and net commercial rates. The shares are realisable value. realisable at the Foundation’s discretion.
b) Financial liabilities
Trade creditors and accruals Recognised for amounts to Trade payables are ordinarily financials be settled in the future, settled on 30 day terms. whether invoiced to the company or not.
Employee entitlements Refer to Note 1. Employee entitlements are repaid in normal course of operations.
Victoria Law Foundation Victoria Law There are no financial instruments not recognised in the accounts at balance date. 34 FINANCIAL STATEMENT
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2002
13. Financial Instruments (Continued)
Interest Rate Risk
The Foundation’s exposure to interest rate risks and the effective interest rates of financial assets and liabilities at balance date are as follows:
Average Variable Less 1 - 5 yrs More Non Total Interest Interest than 1 than 5 Interest Rate % Rate year years Bearing ($’000) ($’000) ($’000) ($’000) ($’000) ($’000)
i) Financial assets
Cash on hand ------
Cash at bank 2.43 17 17 - - - 17
Cash on deposit 4.95 1,512 1,512 - - - 1,512
Trade & sundry receivables 33 33
Listed Equities -----686686
ii) Financial liabilities
Trade creditors & accruals -----9898
Employee entitlements -----5252
Credit Risk
i) Exposure to credit risk
The following table details the Foundation’s maximum exposure to credit risk, not taking into account the value of any collateral or other security held by the Foundation, at balance date, in relation to each class of recognised financial asset. The maximum exposure to credit risk is the carrying amount of those assets noted in the balance sheet.
Financial asset Maximum credit risk
2002 2001 ($’000) ($’000)
Cash on hand - 1
Cash at bank 17 92
Cash on deposit 1,512 1,733
Trade and sundry receivables 33 25
Listed Equities 686 582
TOTAL 2,248 2,433
ii) Concentrations of credit risk
The Foundation minimises concentration of credit risk in relation to cash on deposit, term deposits and listed equities by undertaking investment in various deposits and equities. 2002 Annual Report 35 NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2002
13. Financial Instruments (Continued)
Net Fair Values
The following table details the net market values as at balance date of each class of financial asset and financial liability, both recognised and unrecognised.
Carrying amount Net fair value
2002 2001 2002 2001 ($’000) ($’000) ($’000) ($’000)
Financial assets
Readily traded
Cash on hand - 1 - 1
Cash at bank 17 92 17 92
Cash on deposit 1,512 1,733 1,512 1,733
Trade and sundry receivables 33 25 33 25
Listed Equities 686 582 1,035 1,018
TOTAL FINANCIAL ASSETS 2,248 2,433 2,597 2,869
Carrying amount Net fair value
2002 2001 2002 2001 ($’000) ($’000) ($’000) ($’000)
Financial liabilities
Not readily traded financials Trade creditors and accruals 98 45 98 45
Employee entitlements 52 57 52 57
TOTAL FINANCIAL LIABILITIES 150 102 150 102
Determination of Net Fair Value
No financial assets or liabilities recognised the financial statements are carried at an amount which does not approximate their net fair value.
Financial assets
Carrying value as noted in the balance sheet approximates net fair value.
Financial liabilities
Carrying value as noted in the balance sheet approximates net fair value. Victoria Law Foundation Victoria Law
36 FINANCIAL STATEMENT
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2002
Note 14: Foundation Board – Members’ Remuneration
No remuneration was paid to any member of the Board during the year.
Note 15: Grants and Projects
Grants:
The following grants, approved by the Foundation were still to be paid at year end 109,472 128,929
109,472 128,929
Projects:
At 30 June 2002 the estimated cost of projects approved by the Foundation, to be incurred in future periods, was $231,704 (2001: $484,705).
Note 16: Expenditure Commitments
Due not later than one year 76,288 78,887
Due later than one year and not later than five years 38,610 103,987
114,898 182,874
Note 17: Segment Reporting
The foundation operates in the legal industry, predominantly in Australia.
Note 18: Company Details
The registered office of the company is:
Victoria Law Foundation Level 8 224 Queen Street Melbourne Vic 3000 Annual Report 2002 Annual Report
37 Victoria Law Foundation Victoria Law
38 Annual Report 2002 Annual Report
39 Victoria Law Foundation Victoria Law
40
“The Rural Law Handbook provides plain language legal information which is vital for an accessible and fair justice system” Paul Weller, Victorian Farmers Federation
Annual Report 2002
Victoria Law Foundation Legal Information Simply Stated
ABN 64 131 425 884 224 Queen Street, Melbourne Vic. 3000 Tel (03) 9602 2877 Fax (03) 9602 2449 [email protected]
www.victorialaw.org.au