JAPA: Justice Access Programs Alert, March 2009, No.6
This alert will keep you in touch with innovative programs which meet the access to justice and legal needs of socially and economically disadvantaged people. Evaluations of programs are included if available. The focus is on programs in NSW, but noteworthy interstate and overseas initiatives may also be included.
If you have suggestions for focus topics, comments, or a current program that could be included in JAPA, please let us know. Our contact details are at the end of this newsletter.
JAPA will be produced every two months. For a free subscription go to www.lawfoundation.net.au/newsletters/japa
------------------------------------------------------------------------------------------------------------ SPECIAL ISSUE – RURAL, REGIONAL AND REMOTE PROGRAMS
This issue focuses on programs have been developed to increase access to legal services in rural, regional and remote areas, and that assist in the recruitment and retention of lawyers in these areas.
In NSW, the NSW Legal Assistance Forum (NLAF) has established aWorking Group on Availability of Lawyers for Disadvantaged People in Rural, Regional and Remote areas. The group is researching the issues for disadvantaged people in rural, regional remote areas of NSW where are there are gaps in lawyer availability, gaps in availability of lawyers practicing specific types of law and gaps in take-up of legal aid work. The group will develop a proposal for further research as an NLAF project, liase with existing projects in NSW and nationally and determine how the issues should be progressed. It will be chaired by the Law Society of NSW.
AUSTRALIA
NEW SOUTH WALES
QUEENSLAND
SOUTH AUSTRALIA
TASMANIA
VICTORIA
WESTERN AUSTRALIA
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AUSTRALIA
Law Graduates for Community Legal Centres (CLCs) in Rural, Remote and Regional Australia, National Association of Community Legal Centres, [Australia]
Commenced: 2008 http://www.lawgraduatesrrrclc.com.au/
Contact: Liz O’Brien, Convenor NACLC, 0404 018 782
This project is aimed at enabling law graduates to complete their Practical Legal Training (PLT) placements in community legal centres (CLCs) in rural, regional and remote (RRR) areas of Australia to help address recruitment and retention problems in these centres. A pilot program will be run in 2009 in conjunction with the Australian National University (ANU) to provide PLT placement opportunities for ANU Graduate Diploma of Legal Practice students in participating RRR CLC locations throughout Australia. ANU will assist CLCs to establish and sustain the placements, provide mentoring support for students and provide a scholarship fund. Graduates enrolled in PLT programs at other recognised institutions are also encouraged to participate in the pilot.
Regional Innovations Program for Legal Services (RIPLS), Commonwealth Attorney-General's Department, [Australia]
Commenced: 2008 http://www.a2j08.com.au/papers/Smrdel_A.pdf
This program aims to improve service delivery in rural and remote areas of Australia by increasing the recruitment and retention of lawyers in these areas. A key strategy is maintaining the participation of private firms outside metropolitan areas. The Attorney-General has approved $5.8 million to be provided through the state legal aid commissions in NSW, Queensland, Tasmania and Western Australia over the next 4 years to fund innovative programs developed by those commissions.
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NEW SOUTH WALES
Isolated Client Assistance Program, Western NSW Community Legal Centre, [NSW]
Commenced: 2008 http://www.wnswclc.org.au/
This outreach program provides community legal information and other services to isolated people in north western NSW, including within Dubbo. A solicitor is making monthly visits to prisoners at the Yetta Dhinnakkal Correctional Centre at Brewarrina, and regular visits to Coonabarabran and Wellington are being developed, including the networks of service providers to support them. These visits will be modelled on the Centre's Rural Women's Outreach Program and may be done in conjunction with it. Some activities are being conducted in collaboration with other service providers, for example a visit to Bourke and Brewarrina with Legal Aid NSW under the CLSD program.
Reaching Out, NSW Office of Fair Trading, [NSW]
Commenced: 2008
Contact: Carolyn Roberts ph: 02 6043 9303, mob: 0427 401 426
This program aims to inform carers and disability support workers in rural areas about consumer protection issues and the services provided by Fair Trading. Issues covered include scams, mobile phone and internet contracts, finance, banking and insurance, funeral funds and direct commerce. The program involves visits to disability services, and staff from these agencies are also raising the awareness of Fair Trading staff so that they can better respond to the specific needs of people with a disability. The program is being piloted with communities south of Wollongong to the Victorian border and west to Balranald. It will be evaluated in 2009, with the possibility of it being extended to other parts of the state.
Regional Access Program, NSW Department of Fair Trading, [NSW]
Contact: Regional Manager, Sydney, ph: 02 9895 0188
Commenced: 1996
Contact: Regional Manager, Sydney, ph: 02 9895 0188
This program aims to assist people in regional areas understand their rights and responsibilities as consumers. Activities are organised through the Department's regional centres. They include information stalls in shopping centres and main streets, visits to retailers, seminars for small business people, incorporated associations and landlords, school talks and distributing brochures. Seminars have been held for prisoners at the Wellington Correctional Centre.
Regional Solicitor Program, Legal Aid NSW, [NSW]
Commenced: 2007 http://www.legalaid.nsw.gov.au/asp/index.asp?pgid=371&cid=888&id=836
This program is designed to improve the availability and accessibility of Legal Aid services to disadvantaged clients living in rural, regional and remote NSW. It provides a salary subsidy of up to 75 per cent and other incentives to participating law firms to employ an additional lawyer in return for the lawyer undertaking an agreed amount of legal aid work. Lawyers employed under the scheme receive a relocation allowance of up to $5,000 to cover removal and other costs. There are 9 participating firms in Batemans Bay, Bega, Moree, Murwillumbah, Taree, Broken Hill, Cowra, Young and Dubbo. An interim evaluation was conducted in 2008 and a second will be conducted in 2009. The Program was funded by Public Purpose Fund and has received funding from the Commonwealth Regional Innovations Program in Legal Services to extend to four more regions in 2009.
Regional Solicitor Program - Evaluation
Urbis, Evaluation of the Regional Solicitor Program, Legal Aid NSW, 2008, 48 p., [NSW] http://www.legalaid.nsw.gov.au/data/portal/00000005/public/46714001231107886022.pdf
This report examined the outcomes for the first 12 months of the regional solicitor program, including the project's process and structure, impacts and cost-benefits. The methodology involved interviews with Legal Aid staff, participating firms and external stakeholders and analysis of administrative data. The evaluation found that, at this stage, the program had been effective in meeting its aims. For a relatively modest cost, participating firms appeared to be meeting the program's priorities, which were having a major and positive impact on both the firms and on disadvantaged people in rural and remote localities. The cost of the program was much lower than establishing a Legal Aid regional office in each location. Suggestions for future directions are included. The program will be evaluated again in late 2009.
Responding to Victims of Sexual Assault., NSW Rape Crisis Centre, [NSW]
Commenced: 2008 http://www.nswrapecrisis.com.au/Van_Against_Violence/Training-FREE_SA_Training-Rural_NSW.htm
This program provides half day information forums to government, non-government and private organisations in rural areas on how to respond to someone who has been sexually assaulted. Forums were held during 2008 in the northern, north-western and southern regions of NSW and in 2009 they are being held in south-west NSW at Parkes, Cootamundra, Narrandera, Hay, Mildura, Broken Hill and Wilcannia. Developed with assistance from a Law and Justice Foundation of NSW grant.
Rural Women's Outreach Program, Western NSW Community Legal Centre Inc., [NSW]
Commenced: 1996
This program offers legal information, advice, assistance, referral and, where possible, representation in court to women across north-western NSW. For 3 days each month a solicitor is available for appointments in towns in the north to Brewarrina and west to Cobar. A second monthly trip is made north to towns up to Lightning Ridge. Agencies in these towns refer clients, the centre makes a conflict check and the solicitor may conduct a phone interview or make an appointment for a face to face interview if they are visiting that area in the near future. The appointments may be held in the service provider's premises or the local courthouse. There are a high proportion of inquiries about civil and family law issues.. There is strong inter-agency collaboration, for example civil matters are referred by the local Family Violence Prevention Legal Services Program and presentations at community legal education sessions may be shared with other agencies.
Rural Women's Outreach Project, Northern Rivers Community Legal Centre (NRCLC), [NSW]
Commenced: 1996
This service provides legal advice and community legal education to women in towns surrounding Lismore. To ensure a holistic approach to women's legal needs, the project work is shared over a number of positions - a solicitor, a legal information officer and an educator/ community development worker. The outreach locations are Byron Bay, Pottsville, Ballina, Cabbage Tree Island, Casino and Tabulam. Close working relationships are maintained with community service providers who host the outreach services and refer clients to them. These services include women's resource centres, neighbourhood centres, Aboriginal health workers and counsellors.
Taree Outreach Clinic, Manning Support Services & Legal Aid NSW, [NSW]
Commenced: 2008
Contact: 02 6551 5665
This clinic was set up in response to the shortage of free legal services in the mid-north coast of NSW. A roster of solicitors from Legal Aid Newcastle, Hunter Community Legal Centre and Walker Smith Lawyers provide free advice about a broad range of legal issues in Taree each Thursday morning. The weekly clinic complements Legal Aid NSW's monthly child support and family law advice outreach at the Centrelink offices in Taree. The clinic is an initiative of the Hunter Cooperative Legal Service Delivery (CLSD) Program. The clinic will be reviewed in 2009.
Walgett and Bourke / Brewarrina Family Violence Prevention Legal Service (BBFVPLS), Women's Legal Services NSW, [NSW]
Commenced: 2001 Walgett and 2006 Bourke/Brewarrina http://www.womenslegalnsw.asn.au/walgett-violence-prevention-unit.htm http://www.womenslegalnsw.asn.au/bourke-brewarrina-fvpls.htm
These services adopt a holistic approach to preventing Aboriginal family violence by combining legal services with education, support, and training. Solicitors from WLS provide free face-to-face legal advice and legal representation every fortnight during the weeks when court is in session in these towns. Other services include legal information, outreach services and educational and information sessions. Referrals can be made to the WLS 1800 Rural free call advice line. WLS also provides staff development and other support. Each service is locally managed and strives to be accountable to the local community.
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QUEENSLAND
Farm and Rural Legal Service, Legal Aid Queensland, [Qld]
Commenced: 1994 http://www.legalaid.qld.gov.au/Services/Farm+and+Rural+Legal+Service.htm
This service provides legal advice and assistance on finance and mining issues to primary producers and rural businesses closely linked to primary production which are experiencing financial hardship or farmers dealing with mining or development issues. Two legal aid lawyers travel throughout Queensland to provide advice and assistance. They work with the client's other advisors, such as rural counsellors, accountants and private legal advisors. They also address meetings on issues of interest to rural producers, and make and review submissions on legal issues relating to the rural sector. They do not do court or conveyancing work, or prepare court forms or conveyancing documents.
Regional Solicitor Program, Legal Aid Queensland, [Qld]
Commenced: 2004 http://www.legalaid.qld.gov.au/Regional+solicitor+program/Regional+Solicitor+Program.htm
This program offers recent legal practice graduates the opportunity to work as a solicitor in a regional law firm. The lawyer is employed jointly by the regional law firm and Legal Aid Queensland for two years, with extensions if agreed by the graduate and the firm involved. They receive a $5000 bonus if they stay at a firm for three consecutive years. Legal Aid Queensland funds the practical legal training course fee and 75% of wages. The regional law firm pays the other 25% and provides supervision and guidance. Nearly 30 solicitors have taken up two-year placements with firms located throughout regional Queensland since 2004. Funding for 10 additional placements has been provided through the Commonwealth Regional Innovations Program for Legal Services in 2009.
Western Queensland Justice Network (WQJN), Legal Aid Queensland, [Qld] http://www.wqjn.legalaid.qld.gov.au/
This legal service connects rural and Indigenous communities to legal information and advice through video conferencing. Video conferencing facilities are located in nine community organisations in central west Queensland: Barcaldine, Boulia, Cloncurry, Hughenden, Julia Creek, Longreach, Mount Isa, Richmond and Winton. Bookings for an interview with the solicitor can be made online, or by phone to the closest site. The solicitor is based in Mount Isa and can visit individuals or groups to discuss legal issues. Funded by the Commonwealth through the community legal services program and regional network enhancement initiative.
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SOUTH AUSTRALIA
Rural Women’s Outreach Service, Women's Legal Service SA Inc., [SA]
Commenced: 2000 http://www.wlssa.org.au/services/ruralwomen.html
This service provides women in the north-west region of South Australia with legal information, advice, assistance, referral and representation in court. The service is located at Port Augusta with outreaches to Marree, Nepabanna, Leigh Creek, Copley, Coober Pedy and Oodnadatta. The service is staffed by two full time solicitors and an Indigenous community paralegal who provides information, referral, assistance for problems related to legal matters and court support. Community legal education is available to all rural communities. Women's Legal Service SA also provides free telephone legal advice on weekday afternoons and an after hours telephone legal advice line on Tuesday evenings.
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TASMANIA
Burnie, Devonport and Launceston clinic advice services, Legal Aid Commission of Tasmania, [Tas]
Commenced: 2008 http://www.legalaid.tas.gov.au/Our%20Services/Clinic.html
These outreach services are provided by private practitioners operating from Burnie, Devonport and Launceston to benefit the northern-central and northern-eastern areas of Tasmania and to establish a regional young lawyers' network in these areas. Funded by the Commonwealth Regional Innovations Program for Legal Services (RIPLS).
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VICTORIA
Regional Summer Clerkships Project, Victoria Law Foundation, [Vic]
Commenced: 2005, completed
Country lawyers experience difficulty in recruiting and retaining young lawyers, yet many law students have difficulty finding solicitors willing to offer the Practical Legal Training. This pilot program provided law students with seasonal placements in three regions of Victoria: Bendigo, Goulburn Valley and the North East of Victoria. The program involved recruiting 56 students and improving the support provided by country practices to students and young practitioners. Throughout their placement, students attended meetings with other young lawyers in their area to develop networks and share insights. The project was funded through a Victoria Law Foundation Community Legal Centre Fellowship.
Regional Summer Clerkships Project - Report
McGowan, H, Lawyers Go Bush: Regional Summer Clerkships Project 2005-2006., Victoria Law Foundation, Melbourne, 2006, 39 p., [Vic]
The report describes the outcomes of this pilot project to provide law students with seasonal placements in three regions of Victoria. Practitioners, students and peak bodies were surveyed for their feedback on the program. Feedback included that overall, practitioners were highly impressed with the standard of the students and their work. Of the 40 practitioners who took part in the program, the majority expressed a keen interest in taking students in future. Students reported a better understanding of the multi-disciplinary skills required by lawyers and the importance of ongoing learning and self reliance. The student networks that were established provided support to counteract the isolation of practice in regional areas, and helped integrate young lawyers into regional communities. Network building was increased between rural lawyers, community legal centres, universities and the Law Institute of Victoria. Recommendations are made for coordinating and promoting an ongoing program.
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WESTERN AUSTRALIA
Country Lawyers Program, Legal Aid WA, [WA]
Commenced: 2007 http://www.legalaid.wa.gov.au/LAServices/aspx/default.aspx?Page=Employment%5CCountryLawyers.xml#clgp
This program aims to improve the recruitment and retention of skilled lawyers in regional and remote areas of WA. There are 3 program streams: for graduates, experienced lawyers and practicing lawyers. Graduates start a 4 year program as articled clerks in Legal Aid WA. They complete a professional development program, are rotated within Legal Aid and have short placements in the 5 participating agencies. These agencies are the Law Society of Western Australia, the Community Legal Centres Association of WA, the Aboriginal Legal Service of WA, Indigenous Family Violence Prevention Legal Services and the Legal Practice Board of WA. After being admitted, the lawyers start yearly fixed term regional placements with one of the participating agencies. The stream for experienced lawyers offers a 4 week induction course at Legal Aid, then fixed term regional placements with stakeholder agencies over 3 years. Both groups are given ongoing professional development support. The third stream are lawyers currently practicing in rural, regional and remote WA, who are assisted with professional development through accredited workshops in key regional centres and priority in attending Legal Aid workshops conducted in Perth. At the end of 2008 there were 21 program participants, including 4 lawyers in the open stream. The program will be evaluated in 2009.
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