Legal Information and Referral Forum report to NLAF, November 2009

The November meeting of LIRF focused on the family and civil law needs of Aboriginal people in NSW. Professor Chris Cunneen from the UNSW gave a presentation on research he did for the Legal Aid Commission (LAC) NSW on this topic. The report provides an analysis of the civil and family law needs of Aboriginal people in NSW and explores how Legal Aid NSW might improve the services that they provide to Aboriginal clients in the areas of civil and family law. The report is based on focus groups and interviews with Aboriginal communities, people who support those communities and LAC NSW Aboriginal usage data for 2007. The Foundation has prepared a list of existing programs and plain language legal resources for Aboriginal people.

New Initiatives

Legal Aid NSW /CLSD

• LAC NSW has formed an internal committee which is reviewing the implementation of the report's recommendations as well as determining how best to report back to the communities consulted as part of the research. The director of the Aboriginal Services Unit and contact person is Scott Hawkins.
• LAC NSW run a 2 day Aboriginal Cultural Awareness training (open to CLCs, ALS, WDVCAS workers)
• Aboriginal Employment Program – target of 2.8% Aboriginal workers at LAC. An Aboriginal Staff Network has been established
• ‘SuperCuz’: adventures of a Koori superhero who fights for justice, a CD for Aboriginal young people which contains 5 five radio plays to promote awareness of the law, including discrimination, bullying, problems with energy suppliers, return of faulty goods, financial hardship and dealing with police. Launched in Redfern and Taree with the ALS.
• LAC NSW have recently published two new brochures for Aboriginal people: one on care and protection and one on domestic violence. Both are available online at http://lacextra.legalaid.nsw.gov.au/Publications/FileUpload/Doc/ImprintFile607.pdf http://lacextra.legalaid.nsw.gov.au/Publications/FileUpload/Doc/ImprintFile538.pdf
• LAC NSW and some CLSD partners are undertaking Fines Workshops targeting Aboriginal people in various metropolitan and regional locations. Workshops in November and December 2009 include Taree/Purfleet, Wilcannia, Menindee, Mr Druitt and Redfern. LAC NSW has developed an Advocates Kit on how to do a fines workshop.
• "Learn About the Law" workshops with LAC NSW Older Person's Legal Service and CLSD. Workshops comprise a 1-day CLE for Aboriginal workers and community members and will include subjects relevant to older Aboriginal people including wills, powers of attorney and guardianship, caring for kids in Aboriginal families (family law and care & protection), DV and VCT. Will be run in Central West, Far West and Central Coast in 2010.
• LAC NSW carried out extensive work this year around NSW assisting Aboriginal people register for the Stolen Wages claims.
• LAC NSW, NLAF, PIAC, and NR CLSD have run ‘law for non-lawyers’ in Casino this year

• Many complaints were lodged under the Stolen Wages Scheme and complainants are now requesting updates on the outcomes. PILCH have approached the Ombudsman about the lack of communication about where the process is up to.
• Cancer Patients Outreach Legal Service- In partnership with the Cancer Council pro bono lawyers are receiving referrals from hospitals (and visiting hospitals) to work on issues such as wills, Power of Attorney, tenancy. PILCH plans to extend this service to regional areas.

• Since March 2009 have started to ask people who call LawAccess if they are Aboriginal so that usage stats are available and caller can be offered option of speaking to an Aboriginal Customer Service Officer
• Employ two Aboriginal Customer Service Officers and a regional outreach worker who engages with Aboriginal communities.
• Have had an increase in calls from Aboriginal people of 50%
• Have produced a new poster, leaflet and magnet targeted at Aboriginal people. The magnet can be order online and the leaflet and poster are available online at: http://info.lawaccess.nsw.gov.au/lawaccess/lawaccess.nsf/pages/publications
• Plans to set up a new section of LawAssist website with resources for self representing litigants. First topics will be small claims debt matters, car accidents and fines. To be ready by May 2010.

• The Aboriginal phone advice line is only for Aboriginal people who have been arrested
• Aboriginal people can’t necessarily identify civil law issues. Unmet civil law issues can escalate into criminal issues

• Full text (html) versions of some titles (eg Guilty Your Honour, Defend Yourself in Court and Rest Assured) are now available on the LIAC website and some information is available in DVD format (eg the Justice Maze)
• The Latest Hot Topics are on prisoners and Indigenous people (world wide)
• The new edition of the Family Law Handbook is now in all public libraries

• Aboriginal Legal Access Program (ALAP) – have received only half the funding and are currently in discussion with LAC NSW regarding their taking over the administration of the program, with the view to recurrent funding through the PPF.
• CLC NSW have been doing Aboriginal cultural awareness training for over two years – it’s a 2 day course
• Aboriginal Advisory Groups – The Group meets quarterly and consists of Aboriginal workers in CLCs. It discusses issues in the NSW CLC sector and was used to advise on the ALAP.

• New outreach service to La Perouse. Commitment for at least 6 months regardless of numbers. Need time to build a presence, relationships, trust. Found that successful legal outcomes for clients resulted in increased attendance at the service through word of mouth. Relationship building is key. They now also have an Aboriginal worker who does outreach to La Perouse.
• KLC policy is to service Aboriginal people and clients experiencing domestic violence immediately
• KLC are running an art competition with Aboriginal kids to develop resources.
• KLC are running ‘Yarning’, a program to clarify the law for young people

• Have produced a guide to pro bono services for Aboriginal people which was evaluated March this year with ALS officers (who are the target audience). There is now a need for follow up and simplification. The guide includes 22 firms, a profile of ATSILS and contact information, tips for solicitors, case studies and it is indexed by area of law and geographic area.

It was decided that LIRF was a very useful forum and should continue in 2010. Proposed topics for next year include: the role of LIAC in the provision of legal information and CLE, access to free information and advice on family law, determining a list of key plain language law resources