Advocacy Law Alliance Inc ABN: 93 984 383 421

www.advocacylaw.org.au

Annual Report 2011/2012

www.da.org.aou www.mncclc.org.au

(Head Office: Suite 3 Level 1 408 King Newcastle West NSW Australia 2302 Ph: 0249270111 Fax: 0249270114 email: [email protected] ) Advocacy Law Alliance Incorporated Annual Report 2011/2012

Advocacy Law Alliance Inc (ALA)

The story of Advocacy Law Alliance (ALA) began in Tamworth NSW in 1985 where a small group of locals set up an association to advocate for people with and intellectual disability (Citizen Advocacy Northwest). In 1994 Disability Advocacy Service Hunter (DASH) was established in Newcastle NSW to advocate for all people with a disability and mental illness. In 2006 DASH and Advocacy Northwest joined forces to become Disability Advocacy NSW (DA) and gradually expanded to cover the Mid North Coast region.

Mid North Coast advocates found that the region was one of the few in NSW that did not have a community legal centre that could ensure disadvantaged people (including people with a disability) get fair access to justice. DA advocates worked over a number of years with local groups to research the legal need and gather relevant evidence to show that a community legal centre should be based on the Mid North Coast. In 2010 the Commonwealth and NSW governments offered funds to establish a community legal centre in Port Macquarie. Disability Advocacy NSW was the successful applicant in an open tender and the doors of the new Mid North Coast Community Legal Centre opened in mid 2011.

We believe the strength of our organisation lies in the combining the expertise of different professions (lawyers, social workers, disability workers) to achieve the best outcomes for our disadvantaged clients.

To reflect the diversity of the services it provided and the alliance between legal and non-legal advocacy Disability Advocacy NSW changed its name to Advocacy Law Alliance Inc and registered the business names Mid North Coast Community Legal Centre and Disability Advocacy NSW.

ALA operates in the regional and rural areas of the Hunter, Mid North Coast and New England regions of NSW. The service covers over 120,000 square kilometres and services a population of over 1 million people. ALA has offices in Newcastle, Port Macquarie, Tamworth, Coffs Harbour, Taree and Armidale.

Advocacy Law Alliance (ALA)

Disability Advocacy NSW Mid North Coast Community Legal Centre Hunter, New England & Mid North Coast Regions Taree, Port Macquarie, Kempsey Local Government Areas

Advocacy Law Alliance Incorporated Annual Report 2011/2012

Funding

ƒ Department of Housing, Families, Community Services and Indigenous Affairs (FAHCSIA) & ƒ NSW Department of Family Services (ADHC) FAHCSIA and ADHC are the main funding contributors to the service. Both FAHCSIA and ADHC have recently funded DA to increase the services it provides in rural and remote areas.

DA has also received funding support from the following organisations to assist in the operation of special projects:

ƒ Department of Corrective Services Operate special projects for people with a disability who are victims of crime. * DVD for victims of crime with a cognitive disability * Deaf and signing victims of crime project. * Bullying and School Children with a disability (in progress)

ƒ Legal Aid NSW * Hunter - Cooperative Legal Service Delivery Project. * Legal issues in planning for the future for carers of people with a disability

ƒ Commonwealth Attorney General’s Department and Legal Aid NSW * Mid North Coast Community Legal Centre.

ALA thanks all of these organisations for their support this year.

ALA Board Profile ALA Board at 30 June

I currently hold a Bachelor of Commerce with majors in Financial Accounting, and Management Accounting and Business law, and a minor in Human Resource Management. I have for the past 7.5 years been the manager of a University student Access Centre. This position requires management, HR, Accounting, organizational and OH&S skills. Prior to this position I had worked, over a 30 year period, in both public and private practice accounting. Many of these positions were in a managerial role. Through Advocacy North West I was a volunteer advocate for a person with a Chair Margaret Keane disability I have been part of an association committee, director of a solicitor corporation and been on many different committees. I have some familiarity with the legislation and the idea of incorporation. I am a lawyer – a litigator. I have acted for many people disabled by injury including some with brain damage or prostheses and others who Vice Chair Ross Pfennigwerth required wheelchairs. My skills are basically a long term board member on several NSW and Federal Government Boards dealing with regional development and community issues. I chair several community organisations and I am the President of Newcastle and Cardiff Panthers as well as serving as a board member on the Panthers Group. I have extensive experience in the industrial relations area and in Occupational Health And Safety in my current role as the Secretary of the Newcastle Trades Hall Council, and Treasurer Gary Kennedy previously as the NSW President of the Communications Workers Union Have managed small business for 10 years. Worked in the Disability field as an employment officer for people with Psychiatric disabilities for 3.5 years, during my employment there was no paid Advocacy services available. So as part of preparing these people for paid employment we did many roles DA now does i.e. assisted with seeking the appropriate finances, housing, transport, community involvement to name a few. For the past 10 years I have been working for Cargill Beef Australia as their Purchasing Manager at the Tamworth site. This involves managing all purchasing, accounts payable and warehouse. Which involves annual spend of multiple millions of dollars. And a member of the Business Management Team, which involves all aspects Secretary Peter Marker of the Tamworth site who employ 480 people. I have been working as an accountant for 30 years, both in private practice and in commerce. I am currently working for a firm of Chartered Accountants in Tamworth. I Board worked for a disability service provider for 8 years in a finance / IT role. I have been a Member Robert Carrington director of the Northern Inland Credit Union for the past 8 years. Board I am a solicitor and have been practicing in Port Macquarie for the last 12 years. I have Member Martin English been involved with local programs that assist the community throughout the course of

Advocacy Law Alliance Incorporated Annual Report 2011/2012

my legal practice. I have volunteered at the Neighbourhood Centre and the Port Macquarie Women’s Refuge to give legal advice and assistance. For the last 10 years I have given lectures and provided guidance for the Traffic Offenders Program. I am interested in ensuring access to justice for all of our community and the offering of services to cater for community needs. I have worked as the Manager Community Development at the Port Macquarie- Hastings Council since February 2010. Her portfolio includes library services, customer service centres and call centre, crime prevention, social planning, aged and disability community development, young people community development, Aboriginal and Torres Strait Islander Community Development, Community Development including the community grants program and community halls management. I have also worked as a Senior Manager Indirect Taxation at Ernst and Young and as the National Director Excise Compliance with the Australian Taxation Office. I have extensive experience in project management and administration. I have a Bachelor of Commerce from the University of NSW (1983) and a Masters of Business Administration from the University of Queensland/Mt Eliza Business School (2004). I Board have has also undertaken training in Social Planning from the University of Member Jaclyne Fisher Technology Sydney and community engagement with IAP2. Board Richard Dash I have had broad experience in government and community welfare, having worked at Member Commonwealth and State levels, and been a Local Government Councillor. I have been a 'hands-on' manager of an accommodation service for disabled men, University lecturer and TAFE teacher, a volunteer advocate, a Trade Union official, a committee member of organisations such as Landcare, Arts Council and Catchment Management. I have recently been Vice President of another Community Legal Centre (3.5 years). For the last nine years my day job has been as a tenants' advocate.

Board Retirements During this year the board members below retired from the ALA Board. Of particular significance was the retirement of long term Chair Katharine Ross who took up a full time position with the Consumer Trader and Tenancy Tribunal and for conflict of interest reasons could not remain on the board. The retiring board members assisted by recommending new members to join the board.

I have been a solicitor in private practice since 1987. In that time I have represented and advocated for persons, including persons with a disability. I am the public officer of another incorporated association and have held that position for approximately 20 years. I have incorporated associations and act for and advise a number of such organizations. I have been a partner in my law firm, employing up to 7 persons, since 1991, and have gained experience in workplace relations in that role. I have also taught at both TAFE and University, and am a sitting (part time) member of the Consumer Trader and Tenancy Tribunal. I have a wide knowledge of consumer and Chair Katherine Ross tenancy law. Board Kristal Morris I am a proud Aboriginal woman. I live at Port Macquarie and work for North Coast Member TAFE as a Project Officer – Internal Communications. I hold a Bachelor of Adult Education and have 10 years professional experience in the Education sector working across schools, TAFE and Universities in roles including teacher, lecturer, program coordinator, tutor, and consultant. I have a strong interest in leadership development, early childhood education and Aboriginal social justice. I have been recognised as an emerging young leader; I am an experienced public speaker, mentor and facilitator. I believe in education as a foundation for overcoming disadvantage and building a pathway to a successful and meaningful life, as this has been key to my own success. Board John Gatt I have owned and run my own business before moving into employment for over 10 Member years in the NGO sector as an administration officer and bookkeeper. Following retirement I now act as a legally appointed guardian and financial manager for a friend who has dementia. I have been working in the community sector for 13 years starting my career in youth based services and Coordination roles before moving into the Community Development Officer role with Port Macquarie-Hastings Council in 2001. My role is diverse and involves funding programs, advocacy and lobbying, leadership, training, strategic planning, networks and more. Additionally I have been teaching Community Development with the North Coast Institute of TAFE for 5 years. I recently completed Post Graduate Social Sciences through University of Newcastle Committee Maya Spannari and plan to go back to complete Masters in my free time

Members ALA has approximately 52 members. The majority are people who have used the services with the rest being made up of interested members of the public, volunteers and staff members.

Advocacy Law Alliance Incorporated Annual Report 2011/2012

Volunteers Newcastle: Peter Young (DA website), Joan Lloyd, Bill Jackson, Anna West, David Whittaker, Simone Adams, David Edge.

New England: Linda Hutchings and Sandy Moylan

ALA Staff Mark Grierson (Chief Executive Officer), Catherine Peek (Deputy Chief Executive Officer), Peter Kilpatrick (Operations Coordinator), Joan Ranger (Business Coordinator), Kerrie Anderson (Administration Officer).

DA Staff

Hunter Region: Sonia Powazuk (Advocacy Coordinator), Chris Scope (Advocate), Bronwyne Chapman (Advocate), Greg Williams (Hunter Regional Coordinator) Susan Wilcox (Advocate & CLSD Regional Coordinator), Ndinawe Mtonga (Advocate).

New England Region: Helen Sutherland (Regional Coordinator), Shaun Peters (Tamworth Advocate), Kim Moore (Armidale Advocate), Chris Foord (Armidale Advocate), Susan Ridley (Admin Assistant).

Mid North Coast Region: Catherine Peek (Regional Coordinator), Robert Manwaring (Coffs Harbour Advocate), Marita Dahlhausen (Port Macquarie Advocate), Roslynne Britton (Taree Advocate), Fran Pearce (Advocate), Ben Hamilton (Locum Advocate)

MNCCLC Staff Nicholas Comino (Coordinator), Jackie Curran (Principal Solicitor)/Nassim Arrange (Principal Solicitor), Kyrie Pattison (Solicitor), Melanie Kallmier (Information and Referral Officer),

ALA Chairperson’s Report

Margaret Keane Our organisation has been operating for 27 years now and after a period of growth; the last few years have been a period of consolidation with increased focus on the quality of the services we provide.

While the service has run well over the last three decades it has been timely for us start a program of continuous improvement where we review all areas of our organisation to ensure we are providing quality professional services.

I think all at ALA share the belief that people who are disadvantaged for what ever reason (be it their disability or cultural background for example) deserve to have good quality professional disability advocacy or legal assistance.

I know that the staff have made a special effort to continually improve the quality of the services they provide. However the ALA board is also committed to good governance as this underpins the operation of a successful service. The board has also done its part by reviewing its governance role, finding new and better ways to operate, learning form other organisations, recruiting experienced board members, improving its governance skills through training and continually planning for the future.

Recently DA undertook a 5 day independent standards audit against the National Disability Advocacy Standards. DA was the first organisation in NSW to take on this audit and the second in Australia. DA has been notified that it has successfully completed the audit and complies with the National Disability Advocacy Standards.

Advocacy Law Alliance Incorporated Annual Report 2011/2012

I thank all my colleagues on the board and the staff and volunteers at ALA. I would like to make a special thank you to Katherine Ross, long term board chair, who retired from the role during the year. Katherine had worked closely with the staff to put our organisation in the strong and stable position it is today. Also special thanks to Peter Marker, Secretary, and previous President of one of ALA’s founding services, who is retiring from the board this year.

ALA Treasurer’s Report

Gary Kennedy

TREASURERS REPORT This report is written in relation to the Financial Report for the year ended 30th June, 2012 of Advocacy Law Alliance Inc. The report has been compiled, and audit conducted, by Erminio Adoranti of Adoranti & Co Pty Ltd (the MNCLC program audit was conducted by RA Evans register company auditor based on a funding contract requirement). The Audit Report is contained at the end of the document.

Profit and Loss Statement Income for the financial year of 2012 totalled $1,467,787. The majority of income was from funding provided by government and non-government organisations. Funding totalled $1,433,633 with other income, including interest, being $34,124. Expenditure for the period totalled $1,549,944. This has eventuated in a loss for the year of $82,156. This loss was expected and planned for in the 2012 budget. The loss has come about due to income of approximately $140,000 being received and accounted for as income in 2010/2011, therefore not reported in the 2012 year. This is confirmed by the $188,716 profit reported in 2011. Approval was received from the funding body, Legal Aid NSW and Commonwealth Attorney Generals, to expend this income over the following two years. A further deficit is expected in the 2013 financial year.

Assets Assets for the reporting period total $561,864 with the breakdown of: Cash $365,191, other receivables $2043 and Plant and other equipment $194,450. Whilst Current Assets have increased by $16,175 from the previous financial year, overall Total Assets have reduced by $36,444. This is due to a net effect of increases in Cash and Plant of $23564 and the taking up of accumulated depreciation on assets (which reduces the value of plant & equipment) of $60,008.

Liabilities Liabilities at the 30th of June 2012 totalled $191,734. $127,782 of this amount is for the provision of staff entitlements in the form of accrued Annual and Long Service Leave. A Term Deposit is currently invested to cover a major proportion of these entitlements. Grants in Advance, monies received during the 2012 financial year but to be expended in 2013, total $30,000. Creditors, including GST payable total $24,737. The balance of $9,215 represents accrued Hire Purchase liabilities, which are expected to be finalised in the 2013 year.

Overview In assessing an organisation such as ALA’s performance it is advisable to look at the organisation’s liquidity (ability to satisfy its short-term obligations). To access liquidity a Net Working Capital Ratio (Current Assets-Current Liabilities) and Current Ratio (Current Assets/Current Liabilities) are used. By the 30th June, 2012 ALA had net working capital of $230,082 and a Current Ratio of 2.68. As this ratio is greater than 1 ALA is in a strong position to be able to meet its commitments.

Advocacy Law Alliance Incorporated Annual Report 2011/2012

ALA Chief Executive Officer’s Report

Mark Grierson

Overview

The non government sector is changing rapidly at the moment. ALA has foreseen this and in response has grown, diversified and become more professional. My view has been that people who are disadvantaged or have a disability deserve a quality professional service that is accountable for the large amounts of public funds that it receives. Apart from this important principle, governments want to deal professional NGOs who can deliver quality community services rather than services which often do not have the skills and resources to comply with key legislation and provide competent governance.

There are dangers in growth and increasing professionalisation. However I think if handled carefully this will mean a better deal for clients with better coverage across the regional areas of the country. It will not affect our role of advocating to decision makers to change policy and practice if we back up our case with clear evidence.

We have worked hard over the last few years to improve the quality and professionalism of our service. Proof of this is that both DA and MNCCLC have been independently audited against the quality standards and on both occasions have received positive outcomes.

Our commitment to improving quality services and improved support for staff is shown through our recent employment of an experienced Operations Coordinator whose main role is to manage our human resources, work health and safety and quality assurance.

We put a lot of effort into ensuring that people who use our services can openly provide feedback about their experiences. Feedback is overwhelmingly positive thanks to the professionalism and dedication of our staff. However when we receive negative feedback or input from clients or stakeholders we are always keen to examine our practices and look for improvements.

The Mid North Coast Community Legal Centre has completed its second year of operation. Staff at the CLC have worked hard to establish the centre and make it an important place for disadvantaged people to get professional and timely legal advice. The staff at the CLC are now working towards providing more community legal education and other projects in an attempt to short circuit common legal problems faced by people in the region.

ALA though DA employs qualified skilled and independent advocates to ensure people with a disability are treated fairly. Some of our advocates have a disability themselves and have developed advocacy skills through traineeships offered by the organisation. ALA though the new MNCCLC has employed lawyers and staff with legal qualifications to assist a range of disadvantaged groups including people with a disability and indigenous communities.

Another challenge over the last few years (and a new one for the MNCCLC which already has a full quota of requests for assistance) is that the service has become so well known that we get thousands of request for help that we are unable to directly help with. The staff and management committee have worked hard to build clear and fair criteria for using the service. While DA and the MNCCLC are unable to fulfil all requests for assistance it makes a real effort to assist people who call the service find alternative appropriate assistance.

I would like to take this opportunity to thank all staff, board members and volunteers for their work this year.

Advocacy Law Alliance Incorporated Annual Report 2011/2012

Disability Advocacy NSW (DA)

Disability Advocacy NSW is located in the Hunter, New England and Mid North Coast Regions of NSW Australia and believes that people with a disability have the same rights (and responsibilities) as non-disabled people. We aim to ensure that people with a disability obtain these rights in practice by advocating with and for them.

Disability Advocacy NSW is for people with: ƒ mental illness ƒ neurological disability ƒ physical disability ƒ brain injury ƒ sensory disability ƒ intellectual disability ƒ their family or carers

Advocates seek to assist people with a disability who have been unfairly treated. (As a guideline, a person with a disability is treated unfairly if he or she is treated contrary to: law, human rights, policy, standards or well accepted conventions (such as procedural fairness/natural justice).

Put another way advocacy is about 'standing by' someone, or 'speaking out' for someone's rights, or 'going in to bat' for another person - being 'on their side', especially when the chips are down. "(Ian Parsons 1994).

Philosophy The service believes that people with a disability have the same rights and responsibilities as non-disabled people.

Aim The Service aims to ensure that people with a disability obtain these rights in practice by advocating with and for them.

Strategies The Service will use a combination of four strategies to meet its aim.

1. Individual Advocacy: Assisting individuals to deal with disadvantage and unfair treatment.

2. Systemic Advocacy: Assisting individuals or groups to deal with recurrent or systemic problems that relate to disability. This strategy may involve assisting people to undertake community action such as lobbying decision-makers or by using community development strategies to reduce disadvantage.

3. Community Education: Actively educate the community about disability in order to reduce disadvantage and discrimination faced by people with a disability. This strategy will promote the abilities of people with a disability.

4. Information: Provision of information services to ensure that people with a disability and those who support them have the best access to relevant information and resources.

Advocacy Law Alliance Incorporated Annual Report 2011/2012

Partnerships with other services DA has been always sought to work with likeminded services to improve the way it can assist people with a disability. DA has often taken a lead role in establishing collaborative relationships. For example:

Mid North Coast Community Legal Centre (MNC) Project: This project which involved partnerships with a range of MNC services was essential in getting funding for a community legal centre on the MNC.

Indigenous Disability Advocacy Service: DA has a collaborative relationship with IDAS to assist indigenous people with a disability in its regions. IDAS staff provide backup advice and support for advocates when assisting indigenous clients as well as referring indigenous people with a disability to DA for local assistance.

Quality Improvement Partnership: DA has an agreement with 5 other advocacy agencies in Australia (Regional Information & Advocacy Council Inc (RIAC) Shepparton Victoria, Disability Advocacy Information Service (DAIS) Albury-Wodonga, the Speak Out Association of Tasmania & Advocacy Tasmania Hobart) and People with Disability Australia to work together to improve the quality of their services and to share ideas. The QIP members also do peer assessments of each other annually to make sure that they comply with the Australian Disability Advocacy Standards.

Brain Injury Association of NSW DA has negotiated with the Brain Injury Association of NSW (BIANSW) to form a partnership to assist people with a brain injury particularly in the Mid North Coast Region. Using funding from FaHCSIA, BIANSW support local DA advocates with training and specialist brain injury knowledge to provide local individual advocacy.

Regional Information & Advocacy Council Inc (RIAC) Shepparton Victoria DA and RIAC have developed and ongoing partnership as similar multi- regional services to work on quality improvement in the sector. This involves sharing information and resources, having staff exchanges and cooperating to apply jointly for relevant funding contracts.

DA Service Report

The service is funded by the New South Wales and Australian governments to carry out a range of advocacy services for people with a disability. The service also uses its own resources and special grants to operate other programs. This report looks at the number of people we have assisted and the types of advocacy assistance provided. However for a view of what clients think about the service please see survey results at the end of this report.

Funding DA has received funding from the Federal Government for 27 years and from the NSW Government for 11 years. DA receives a grant directly from FAHCSIA and ADHC to provide individual and systemic advocacy services to the Mid North Coast, Hunter and New England Regions.

The majority of DA’s work continues to be individual advocacy, where our advocates seek to assist people with a disability deal with disadvantage. Although this takes the bulk of our time, it also underpins systemic advocacy, where we try to redress disadvantage faced by a group

Advocacy Law Alliance Incorporated Annual Report 2011/2012 of people with a disability. Our “on the ground experience” is always very helpful in dealing with these larger issues.

Individual Advocacy Statistical Information This financial year DA in the Hunter, New England and Mid North Coast Regions assisted with 1,558 advocacy issues for 765 clients. These figures do not count over 300 assisted referrals, plus hundred of calls requesting informal information and advice.

Intake staff also provide brief assistance or referral for around 300 additional people with a disability each year.

Disability Advocacy NSW Client Statistics Advocacy Issues Total % abuse/neglect 57 3.7% accommodation 166 10.7% discrimination or rights 177 11.4% education 93 6.0% employment 24 1.5% equipment 15 1.0% finances 127 8.2% health 70 4.5% independent living support 88 5.6% legal 217 13.9% physical access 28 1.8% recreation, social or family 45 2.9% service (gaps, access, policy, reduction or complaints) 281 18.0% transport 19 1.2% vulnerable/isolated 129 8.3% other 22 1.4% Total 1558

Primary Disability Total % acquired brain injury 94 8.0% specific learning / ADD 58 4.9% autism 96 8.2% deaf / blind 4 0.3% hearing 46 3.9% intellectual 233 19.9% neurological 84 7.2% other 54 4.6% physical 213 18.2% psychiatric 225 19.2% speech 34 2.9% vision 31 2.6%

Cultural Background Total % Aboriginal and/or Torres Strait Islander 61 61.0% Culturally & Linguistically Diverse background 39 39.0% Total 100

Mid-North Coast (MNC) Region DA has offices and advocates in Coffs Harbour, Taree & Port Macquarie. The MNC advocates are coordinated and supported by the MNC Regional Coordinator.

Advocacy Law Alliance Incorporated Annual Report 2011/2012

The Regional Coordinator also provides advocacy support in complex cases and coordinates a range of advocacy projects.

Mid North Coast Client Statistics Total % Bellingen Shire 0 0.0% Coffs Harbour City 64 27.6% Greater Taree City 55 23.7% Great Lakes 12 5.2% Port Macquarie-Hastings 77 33.2% Kempsey Shire 16 6.9% Nambucca Shire 8 3.4% Total 232

New England Region The New England region has two advocates based in Tamworth including a Regional Coordinator. A third advocate, Chris Foord is based in Armidale

Department of Corrective Services Deaf Victims of Crime Project: New England Regional Coordinator was successful in applying for a grant to further research and improved the situation of victims of crime who are deaf. The report has now been completed and published.

New England Region Client Statistics Total % Armidale Dumaresq 36 18.7% Glenn Innes Severn 21 10.9% Gunnedah Shire 4 2.1% Guyra Shire 2 1.0% Inverell Shire 15 7.8% Liverpool Plains 2 1.0% Tamworth Regional 105 54.4% Tenterfield Shire 4 2.1% Uralla Shire 2 1.0% Wallacia 2 1.0% Total 193

Hunter Region The Hunter regions Newcastle office has 5 advocates including the Hunter Regional Coordinator and Intake Coordinator

Newcastle is the hub for most DA referrals and intakes for new clients.

The Advocacy Coordinator for Disability Advocacy NSW is based in Newcastle. The Advocacy Coordinator has been with the service for over 11 years. This role is similar to a senior practioner as the Advocacy Coordinator is the most experienced advocate and provides advocacy case supervision for other regional coordinators & advocates and oversees systemic advocacy work.

Hunter Region Client Statistics Total % Cessnock City 18 5.3% Dungog Shire 4 1.2% Gloucester Shire 0 0.0% Lake Macquarie City 84 24.7% Maitland City 39 11.5% Muswellbrook Shire 8 2.4% Newcastle City 157 46.2% Port Stephens 22 6.5%

Advocacy Law Alliance Incorporated Annual Report 2011/2012

Singleton Shire 6 1.8% Upper Hunter Shire 2 0.6% Total 340

Education DA has continued to run a range of information sessions and workshops about rights of people with a disability and disability advocacy.

DA ran 42 information sessions and workshops for people with disabilities in group homes and supported employment as well as people with a disability, disability organisations, community groups, TAFE students, and university students. 1,279 people were involved in these workshops and information sessions.

• Mid North Coast Region 23 information sessions 949 participants. • New England Region 10 information sessions 177 participants. • Hunter Region 9 information sessions 153 participants.

Helen Sutherland – New England Regional Information Day

Systemic Advocacy While systemic advocacy does not form the main part of DA’s work the organisation and its advocates are committed to ensuring that reoccurring issues for our clients are dealt with at a higher level in an attempt to stop the same problems happening to other people with a disability.

There are a range areas DA is seeking to work on, however due to resource limitations DA focuses on one or two key areas per year in relation to its business plan.

Recently the Advocacy Coordinator met with the NSW Minister for Disability Services to raise issues about the implementation of the National Disability Insurance Scheme launch in the Hunter Region and access to advocates for people living in large institutions in the Hunter.

Advocacy Law Alliance Incorporated Annual Report 2011/2012

DA Advocacy Coordinator Sonia Powazuk following meeting with NSW Minister for Disability Services Andrew Constance

• Students with a Disability This systemic advocacy project has progressed slowly this year due to unforeseen staff shortages at the Hunter office. However, work is now well underway on the handbook for parents of school students with disabilities.

Much of the reason for this handbook is due to the increasingly large number of referrals DA continues to receive each year from parents whose children are experiencing problems at school - many of whom have been suspended or expelled for behaviours associated with their disability.

The aim of this handbook is to provide a comprehensive guide for parents and advocates in relation to the NSW education system. At this stage it is envisaged that the handbook will contain chapters on support funding, discipline, OH & S issues, bullying and discrimination. We hope that this handbook will provide students with disabilities as well as their parents and advocates with useful information, including self-advocacy skills.

Apart from researching current literature on this subject, I am also interviewing parents of students with disabilities about their experiences in mainstream schools in NSW as well as key personnel within NSW Department of Education.

We have sought assistance from the Minister for Disability Services in relation to this project and recently received a response indicating that he would be seeking to discuss this matter further with the Minister for Education. (Advocacy Coordinator)

• Legal Disadvantage Many of our clients experience disadvantage in the justice system. This is evident in general research and the fact that our most common advocacy issues relate to the law.

Some of our strategies to deal with this issue have been through the CLSD project funded by Legal Aid NSW:

CLSD project Cooperative Legal Service Delivery project (CLSD) ensures that key legal agencies and community groups work together to assist economically and socially disadvantaged groups such as people with a disability.

ALA is the regional coordination agency for this project. Susan Wilcox Hunter Regional CLSD Coordinator

Late last year the extension of the CLSD program on the Mid North Coast was proposed and after consultations with the communities two new CLSD regions were approved: The Taree & Great Lakes CLSD region and the Kempsey & Nambucca CLSD region.

Advocacy Law Alliance Incorporated Annual Report 2011/2012

The Hunter CLSD network organised a Discrimination Toolkit Workshop for Aboriginal Community Workers in August 2011. The presenters were Meredith Osborne from the Legal Aid NSW office in Sydney and Fiona Pace from the Legal Aid NSW office in Lismore. The Hunter was one of the first regions which hosted the workshop.

In November 2011 the Hunter CLSD and the Family Law Pathways Network organised the one day Borderline Personality Disorder Workshop for lawyers, mediators and support workers including volunteers and advocates. The workshop was presented by the Hunter branch of Mental Health Carer’s ARAFMI NSW INC. The interest in the workshop was overwhelming and the Family Law Pathways Network organised a second workshop in May 2012.

In March 2012 the Anti-Discrimination Board, the Energy and Water Ombudsman, Legal Aid NSW, Fair Trading NSW, the Health Care Complaint Commission, Australian Security and Investment Commission (ASIC) and The Aged Care Rights Service (TARS) came to Newcastle and took part in the Good Services Forum for Aboriginal community members. As part of extending the Hunter CLSD activities to the Upper Hunter the Good Service From took also place in Singleton. If you are interested in information about the Good Services Mob go to www.goodservicemob.com.au/.

Hunter CLSD is running information sessions for applicants and defendants of an Apprehended Personal Violence Order (APVO) at Newcastle Local Court on Tuesday mornings. The information sessions give an overview of the court procedure in APVO matters and about mediation to resolve the dispute.

The Hunter Legal Directory is a project of Hunter CLSD. It lists legal and non legal services, courts and financial counsellors. Hunter CLSD is in the process to update the directory. The updated version will be published at the Hunter Legal Directory website: www.hunterlegaldirectory.org.au.

• National Disability Insurance Scheme (NDIS) Our service believes the NDIS has great potential to improve the access of people with a disability to services and resources. DA staff have supported this campaign for the introduction of the NDIS. As the Hunter is a launch site for the NDIS DA advocates have provided significant media comment to TV and major newspapers to explain the significance and need for the NDIS. Our main spokesperson on this issue was advocate Bronwyne Chapman who has a disability.

Advocate Bronwyne Chapman: photo accompanying article in Sydney Morning Herald on NDIS

Quality Assurance: Client Consultations Each year DA consults groups of past clients in each region. These consultations are completed by an independent person and the information from these consultations are fed back into our planning and improvement process. Consultations with clients also bring up systemic advocacy issues for action. Our next consultations are due in late 2012.

Advocacy Law Alliance Incorporated Annual Report 2011/2012

DA Exit Surveys To ensure all that our work is accountable to clients, members, funding bodies and the general community we have undertaken to give all clients the opportunity to comment on the advocacy assistance they received from DA.

Our new quality assurance approach is to survey all clients when an advocacy matter is concluded. While there are flaws in any research instrument we believe that this method gives a fair indication of the success or otherwise of our advocacy work. Any negative comments by clients are also raised at staff and board meeting with a view to continuous improvement of our work.

DA Client Feedback Exit Survey Results 2011 – 2012 Not Response Yes No Sure

My advocate listened to me and treated me with dignity and respect 107 3 1

My advocate gave me options to choose from when helping me with my issue 106 2 1

My advocate got my permission before talking to other people about my issue 100 1 7

I knew that I had the right to complain if I was unhappy with the service. 95 5 8

My advocate helped me to achieve what I wanted 100 4 0

I would recommend the service to others 103 2 2

Mid North Coast Community Legal Centre

ANNUAL REPORT 2011-2012

OVERVIEW

Mid North Coast Community Legal Centre (MNCCLC) is based in Port Macquarie, on the NSW Mid North Coast. Mid North Coast Community Legal Centre is the newest community legal centre in NSW, commencing legal practice on 30 May 2011. The first full year of operation has been a learning experience for the organisation while at the same time making a significant difference for the local community.

MNCCLC provides free legal information, advice, and representation for vulnerable clients and communities in the Kempsey Shire, Greater Taree, and Port Macquarie-Hastings Local Government Areas. MNCCLC also contributes to law reform campaigns and community legal education activities.

MNCCLC believes that all people, regardless of their status in society, disability, where they live, should be able to have equal access to the legal system. This philosophy underpins its approach to providing legal services, which has emphasised accessible legal advice through outreach activities and a legal advice service that is able to respond quickly to inquiries, almost always within 7 days.

Free advice is provided for people in the following areas of law:

• Discrimination • Employment • Credit and Debt • Fines • Consumer Law • Domestic Violence • Insurance • Administrative law • Traffic law and Motor vehicle accidents • Limited Family law • Limited Criminal law

MNCCLC commenced providing legal services on 30 May 2011, and this report reflects the first full financial year of service provided at the centre.

FUNDING

The Centre is funded through Commonwealth and State government grants administered by Legal Aid NSW. ADVICE AND CASEWORK

In the period from 1 July 2011 to 30 June 2012, MNCCLC recorded the following number of activities:

Advice 1444

Casework activities 98

Information only 389

Advice services include provision of advice that is specific to an individual’s circumstances. The advice service aims to empower individuals with knowledge about the law in their particular circumstances, and to provide guidance on how to resolve the dispute in the most effective manner.

Casework activities include any time when a file has been opened to represent a person in their legal matter. Cases are only opened in circumstances where a person is not able to speak on their own behalf because of their disability, cultural background, mental illness, or other special disadvantage.

Information activities are activities where a person receives general information applicable to their area of law instead of receiving advice. This also includes where clients have been referred to another service that is more appropriate for their problem, or referrals for other reasons.

Casework example:

In June 2011, the Centre was approached by Jane (not her real name) who had received a default notice on her home loan. She was a single mother of 3 children, one of whom was living with a disability. Her financial problems were largely caused by the loss of her job due to a permanent medical disability. Her debts also included a car loan, two credit cards, and a personal loan. Because of her disability, she was entitled to claim on her Total and Permanent Disability insurance scheme connected to her superannuation, and a separate insurance connected to her car loan. She had been refused on both claims. MNCCLC assisted Jane to appeal each insurance decision and assisted her to apply for hardship on her credit cards and bank loans. Each application was successful, Jane’s debts are now completely manageable, and her home loan payments are up to date.

“When I first came into the legal centre I was a mess – very stressed, depressed and anxious - I thought I was going to be losing my house” said Jane. “The staff were professional, caring, and non-judgemental and lifted a weight off my shoulders. They found different solutions for different debts, and came up with a plan for each of them, and turned a hopeless situation into something I’m now managing.”

COMMUNITY LEGAL EDUCATION AND LAW REFORM In 2011 and 2012, the main emphasis for the centre was on providing education on the community legal centre itself. The Centre also commenced a series on drafting civil law documents at the Port Macquarie library and for local retirement villages on planning ahead.

The Centre also contributed to a number of law reform campaigns. These included:

• Submissions to Fair Trading NSW on the Review on Residential Parks Act 1998 • Submissions to the Numbering Project, Australian Communications Consumer Action Network (ACCAN), Reducing the Cost of 1300 and 1800 calls for mobile phone dependent Australians

STAFF

In April 2012, the Centre said farewell to its founding Principal Solicitor, Jackie Curran. Jackie has been a well respected member of the community and the team at MNCCLC, and we have wished her will as she moves forward with her dispute resolution practice.

In May 2012, Nassim Arrage joined the team as principal solicitor. Mr Arrage was previously principal solicitor at Marrickville Legal Centre, and comes with a wealth of community legal centre experience to take the legal centre forward into its next stage of development.

The full team is as follows:

Nicholas Comino: Centre Coordinator

Nassim Arrage: Principal Solicitor

Kyrie Couch: Solicitor

Melanie Kallmier Information and Referral Officer

VOLUNTEERS

The Centre has relied on the support of volunteers to deliver an effective and accessible legal service since commencing legal services. Volunteers have included the following:

• Jann Cappstick, PLT Placement • Chantel Cotterel, UNSW Summer Placement • Nicola Critchley, University of Newcastle Winter Placement • Hannah Gibson, PLT Placement • Ben Hamilton, PLT Placement • Kayt Hogan, PLT Placement • Samantha Johnston, Legal Assistant • Tarnya Kelly, PLT Placement • Madeleine Landini, PLT Placement • Simon Lindsay, UNSW Summer Placement • Andrew O’Connor, UNSW Winter Placement • Ingrid Woon, Legal Assistant

Volunteer Solicitors during the year included:

• Bill Culf • Michael Dampney • Anne Reynolds • Tas Tasdemir

OUTREACH

Outreach has always been a fundamental part of the operation of the Centre. The Centre believes that it was fundamentally important to establish and maintain a regular presence with vulnerable communities in the Greater Taree and Kempsey Shire Local Government Areas.

TAREE

Since June 2011, MNCCLC together with local law firm Walker Legal & Conveyancing has been providing a solicitor to the Taree Legal Clinic funded through the Legal Aid NSW CLSD program. This outreach, hosted by Manning Support Services, provided a valuable and weekly legal clinic for residents in the Taree Local Government Areas. In June Manning Support Services announced that they were unable to continue supporting the project, and from 2 August 2012 this outreach service will continue at Manning Uniting Church.

KEMPSEY

MNCCLC also commenced an outreach clinic in Kempsey (Mid Coast Family Day Care, weekly) and Taree (Manning Support Services, fortnightly) in June 2011. Outreach services have also been trialled at Purfleet, near Taree, and Wingham. As of 4 July 2012, the Kempsey clinic has been moved to Dunghutti Justice Centre to improve accessibility for Aboriginal clients and those in court. Dunghutti Justice Centre is located near to the Kempsey local court and across the road from Kempsey Neighbourhood Centre.

CLIENT SURVEYS

MNCCLC completed two client surveys during the relevant period with an overwhelming number of positive responses from clients receiving advice. The satisfaction levels are as follows:

Usefulness Explanation Responsive- of the to the client Accessibility ness Treatment advice

Easy 117 Easy 129 Very quickly 120 Very Well 126 Very Useful 95

OK 52 OK 40 Quickly enough 51 Quite Well 42 Useful 56

Not quickly Difficult 8 Difficult 9 enough 7 Not Well 10 Not useful 26

Total Responses 177 178 178 178 177 Satisfaction Satisfaction (%) 95.38% Satisfaction (%) 94.83% Satisfaction (%) 95.98% Satisfaction (%) 94.25% (%) 84.97%

These results are excellent and a reflection of the commitment the staff have shown throughout the year to each individual client contacting the Centre. The Centre is committed to maintaining and improving the standards of accessibility and client service that it has been able to achieve in this year.

ACKNOWLEDGEMENTS

Laying strong foundations for the MNCCLC has been a challenging but rewarding experience. This has been an exciting year and we would like to acknowledge all the effort that staff at MNCCLC have put into getting the Centre onto a solid footing and enthusiastic start.

MNCCLC would like to acknowledge the law firms that have contributed in a significant ways to the centre throughout the 2011/2012 financial year.

• Ashurst Legal • DLA Piper • GWM Lawyers • Henry Davis York • Michael Dampney • Tasdemir Lawyers • William Culf

The Centre would also like to thank the large number of firms throughout the Mid North Coast who have supported the legal centre by taking referrals and referring clients to the centre.

The Centre would also like to acknowledge the enormous support given to it by Advocacy Law Alliance Inc, particularly CEO Mark Grierson and Deputy CEO Catherine Peek. Business Manager Joan Ranger, Accounts Officer Kerrie Anderson, and Operations Coordinator Peter Kilpatrick have also provided invaluable support, along with many other staff and advocates at Disability Advocacy NSW who have contributed so much time and energy to ensure that the legal centre has had a successful year.