Civil law access to justice programs for Aboriginal people in NSW

Produced by the Law and Justice Foundation of NSW for the Legal Information and Referral Forum, November 2009.

Although some of these entries may be out-of-date or incomplete, we have included them as they provide an indication of the range of programs available.

Contents

ARTS LAW

Artists in the Black (AITB), Arts Law Centre of Australia, [Australia]
Commenced: 2003
http://www.artslaw.com.au/Indigenous/WhatIsAITB.asp
This program provides legal advice and information to Indigenous artists and organisations. AITB has a 1800 help line providing legal advice, information and referrals and it advocates on Indigenous cultural and intellectual property issues. Its education program runs workshops on arts law issues such as copyright, moral rights, protecting Indigenous cultural heritage, contracts and licensing and wills. When AIBT started, the Arts Law Centre had very few Indigenous clients, and their numbers have now increased to about 15% of the centre's client base. Funded by the Australia Council as a 2-year pilot, AITB has continued to expand through a range of funding sources.

Artists in the Black (AITB) - Evaluation
Westwood Spice, Evaluation of Artists in the Black Education Program, Arts Law Centre of Australia, Sydney, 2009, 36 p., [Australia]
http://www.artslaw.com.au/Indigenous/
This evaluation aimed to determine the impact and effectiveness of the AITB education program and to identify ways of improving service delivery. The methodology included consultations with Arts Law staff, telephone interviews with stakeholders such as artists, arts centre managers and funding bodies. The evaluation found that the program was valuable to clients and effective. Participants reported overwhelmingly that they gained greatly from the workshops and that the manner of delivery was flexible, responsive and well adapted to most participants' needs. The Arts Law staff were seen to be knowledgeable, helpful and sensitive to community needs. Recommendations were for secure recurrent funding, for increased awareness raising about arts law issues for Indigenous artists, suggestions for improving the workshop process/delivery and the need to explore options to deliver core messages for Indigenous artists through other workers and community members. The need for ongoing monitoring and review of AITB's engagement with communities and the education process were emphasised.

CIVIL LAW

Civil law ALS Outreach - Evaluation
Dimos, D, Civil law ALS [Aboriginal Legal Service] Outreach review, Legal Aid NSW, Sydney, 2008, 84 p., [NSW]
http://www.legalaid.nsw.gov.au/data/portal/00000005/public/24799001229058541336.pdf
Legal Aid NSW provides civil law outreach services at the following Aboriginal Legal Service offices: Redfern, Parramatta, Nowra, Wollongong, Lismore and Taree. This report reviews these services in terms of their ability to provide an effective, coordinated and sustainable civil law outreach program to Aboriginal communities. The review involved a literature review, analysis of Legal Aid statistics and semi-structured interviews with Aboriginal Legal Service staff at each outreach location. There were no consultations with Aboriginal communities. The review found that the outreach services were providing effective civil law services except that the service had ceased at Wollongong and Taree. The service has since re-started in Wollongong. Recommendations include establishing a similar service at Newcastle and a combined civil law and family law outreach service at Mount Druitt.

Northern Rivers Civil Law Resources Project, NSW Legal Assistance Forum Working Group on Aboriginal Clients, [NSW]
Commenced: 2008
http://www.nlaf.org.au/groups/
Contact: Scott Hawkins, Project Manager and Director Aboriginal Services, Legal Aid NSW, 9219 5000, scott.hawkins@legalaid.nsw.gov.au
The objective of this pilot project is to work with Aboriginal communities in the Northern Rivers region of NSW to develop a model process for addressing civil law need which is culturally appropriate, consultative and sustainable. The consultation process uses case studies to instigate discussion. Legal advice is available immediately following the workshop. The feedback was that education should be provided to community members and Aboriginal agency workers on issues including credit and debt, Apprehended Violence Orders, driving and fines and poilice powers. In response, the 2-day workshop Law for Non Lawyers will be run for Aboriginal people who participated in consultations, and targeted community legal education is being incorporated into Legal Aid's strategic plan. The pilot will be evaluated for potential use in other communities in NSW.

CONSUMER PROTECTION

Aboriginal Action Plan, NSW Office of Fair Trading, [NSW]
Commenced: 1998
http://www.fairtrading.nsw.gov.au/About_us/Access_and_equity/Aboriginal_Action_Plan.html
The plans aims to improve access for Aboriginal people. 11 Aboriginal Customer Service Officers and an Aboriginal Programs Coordinator are available in 10 Fair Trading Centres across NSW: Parramatta, Dubbo, Grafton, Hurstville, Lismore, Newcastle, Orange, Port Macquarie, Wagga Wagga and Wollongong.

Consumer, Trader and Tenancy Tribunal (CTTT) Aboriginal Consultative Forum, NSW Office of Fair Trading, [NSW]
Commenced: 2008
The CTTT hears disputes about residential tenancies, retail transactions, motor vehicle purchase and repair, credit matters, home building, strata and community schemes, residential parks and retirement villages. The Forum aims to make the CTTT more accessible to Aboriginal communities across the state. It advises the CTTT on service delivery to Aboriginal communities and organisations and helps produce culturally appropriate educational materials on the services available. The Forum is developing a draft Aboriginal strategy to guide the CTTT's initiatives for the next three years. The Forum members represent Aboriginal communities from around NSW.

Good Service Forum, NSW Anti-Discrimination Board, [NSW]
Commenced: 2006
http://www.lawlink.nsw.gov.au/lawlink/adb/ll_adb.nsf/pages/adb_good_service_0507
This government interagency project aims to ensure Indigenous Australians are aware of their rights as consumer. Forums have been held in centres around NSW, including Bankstown and Lismore in 2007 and Wilcannia and Broken Hill in May 2008. Participating agencies include: the NSW Anti-Discrimination Board, Legal Aid NSW, NSW Office of Fair Trading, NSW Ombudsman, Commonwealth Ombudsman, Energy & Water Ombudsman NSW, Banking and Financial Services Ombudsman and Telecommunications Ombudsman.

DISCRIMINATION – DISABILITY

Northern Rivers Indigenous Disability Scoping Project, Disability Discrimination Legal Centre, [NSW]
Commenced: 2008
Contact: info@ddlcnsw.org.au
This project develops community legal education resources and educates Indigenous communities about their rights under disability discrimination laws. A consultation process has identified that communities were over-exposed to consultations and the focus should change to relationship-building. The workshops should be designed for advocates and Aboriginal medical officers rather than for those with disabilities. Workshops will be held in Wilcannia, Broken Hill, Dubbo, Wollongong and in the Northern Rivers. The project is funded by the Combined Community Legal Centres Group NSW Aboriginal Legal Access Program.

DISPUTE RESOLUTION

Aboriginal and Torres Strait Islander Mediation Program, Community Justice Centres (CJC), [NSW]
Commenced: 2002
http://www.cjc.nsw.gov.au/lawlink/community_justice_centres/ll_cjc.nsf/pages/CJC_atsi_mediation
This program uses 63 Aboriginal and Torres Strait Islander mediators to provide culturally appropriate alternative dispute resolution services to Aboriginal and Torres Strait Islander communities throughout NSW. CJCs also offer a conflict management service for more complex and/or multi-party disputes which may involve multi-party pre-mediation, facilitated meeting and individual mediations as required to resolve the dispute. The Family Violence Partnership Program has funded the CJCs to provide community training in methods and strategies to reduce family and community violence.

Aboriginal and Torres Strait Islander Mediation Program - Evaluation
Community Justice Centres (CJC), Evaluation of the CJC Aboriginal and Torres Strait Islander Mediation Program. Summary and recommendations, 2005, 11 p., [NSW]
http://www.cjc.nsw.gov.au/lawlink/community_justice_centres/ll_cjc.nsf/pages/CJC_atsi_mediation
This evaluation looked at the appropriateness of the service and the structure and capacity of CJCs to respond to the needs of its Aboriginal and Torres Strait Islander mediators and clients. The methodology included a literature review, consultations with Aboriginal and Torres Strait Islander people, phone interviews with clients, interviews with staff, statistical data related to the number of Aboriginal mediations, surveys of Aboriginal and Torres Strait Islander mediators and clients. The findings indicated that on the whole CJCs have made significant improvements in how they deliver mediation services to Aboriginal people and communities and are well placed to provide culturally appropriate alternative dispute resolution services. Issues for improvement are identified and recommendations made.

EMPLOYMENT

Do It Right - Marrambul Mali, NSW Anti-Discrimination Board, [NSW]
Commenced: 2006
http://www.lawlink.nsw.gov.au/lawlink/adb/ll_adb.nsf/pages/adb_combined_forums
Do it Right! is a free two day seminar to provide information to Aboriginal and Torres Strait Islander communities about employment rights and obligations, including harassment and discrimination, workplace safety and workers compensation, tax and superannuation and consumer rights, fair trading in employment and social security. Participating agencies include: NSW Anti-Discrimination Board, Legal Aid NSW, Office of Fair Trading, NSW Ombudsman, Commonwealth Ombudsman, Australian Taxation Office and NSW Office of Industrial Relations.

ENVIRONMENT

Caring for Country: Improving Delivery of Environmental Law Services to Aboriginal Clients in NSW, Environmental Defender’s Office NSW (EDO), [NSW]
Commenced: 2007
http://www.edo.org.au/edonsw/site/pdf/flyer/caring_for_country071019.pdf
This project sees the continuation and expansion of the EDO’s existing Caring for Country program with the purpose of improving the delivery of environmental law services to Aboriginal people in NSW. A range of seminars and workshops have been provided in Walgett, Dubbo, Deniliquin, Wagga Wagga and Moree. 1,000 copies of the report “Environmental Law for Aboriginal Communities” have been distributed. The EDO has seen the numbers of Aboriginal clients to whom they provide advice and representation increase; in the 6 month reporting period to June 2008 10 advices were provided to people who identified as Aboriginal, 5 new matters were opened to bring the total to 8 active case files.Funded by the Combined Community Legal Centres Group (NSW) Aboriginal Legal Access Program.

Improving Delivery of Environmental Law Services to Aboriginal clients in NSW, Environmental Defender's Office NSW (EDO), [NSW]
Commenced: 2006, Completed: October 2007
Contact: Neva Collings, Aboriginal Liaison Officer, 02 9262 6989, neva.collings@edo.org.au
This project aimed to build awareness of environmental law services available to Aboriginal clients in NSW, to facilitate their involvement in environmental decision-making, to identify environmental issues affecting Aboriginal communities in NSW and to provide information, advice and assistance to support voluntary conservation on Aboriginal land. It provided legal advice and representation, community education, policy and law reform support and the resource Caring for country: a guide to environmental law for Aboriginal communities, http://www.edo.org.au/edonsw/site/pdf/pubs/caring_for_country.pdf. Developed with assistance from a Law and Justice Foundation grant. The final report for the project can be found at www.lawfoundation.net.au/grants/products/caringforcountry.

LEGAL SYSTEM

Aboriginal Customer Service Officer Program, LawAccess NSW, [NSW]
Commenced: 2004
http://info.lawaccess.nsw.gov.au/lawaccess/lawaccess.nsf/pages/about_us
LawAccess has Aboriginal staff who can talk to people about their legal problem and also connect them with other Aboriginal services if they need more help. LawAccess provides free legal information, referrals and in some cases legal advice through its 1300 888 529 telephone service (available Mon- Fri, 9am-5pm excluding Public Holidays).

Judge Bob Bellear Legal Career Pathways Program for Aboriginal and Torres Strait Islander People, Legal Aid NSW, [NSW]
Commenced: 2007
http://www.legalaid.nsw.gov.au/data/portal/00000005/public/15043001190871053766.pdf
This program provides study assistance to Aboriginal and Torres Strait Islander people to pursue a legal career and employment opportunities with Legal Aid NSW. Opportunities for study assistance are scholarships for high school students, cadetships for full-time undergraduate law students, professional legal placements for law graduates to complete practical legal training and a career development program for new law graduates and recently admitted solicitors.

Junior Local Aboriginal Land Council, Nambucca Heads Local Aboriginal Land Council, [NSW]
Commenced: 2009
Contact: Louise Robinson 6684 1991
This project aims to form a Junior Local Aboriginal Land Council for Indigenous and non-Indigenous school students from years 10 to 12 to provide the opportunity for them to learn about the role of land councils, in particular in relation to the Aboriginal Land Rights Act 1983 and the Native Title Legislation. Developed with assistance from a Law and Justice Foundation grant.

Stolen Wages Referral Scheme, Public Interest Law Clearing House (PILCH) & Public Interest Advocacy Centre (PIAC), [NSW]
Commenced: 2007
Contact: Natasha Case, Senior Solicitor, 02 8898 6500, ncase@piac.asn.au
This project provides pro bono assistance to Aboriginal people in NSW with their applications to the Aboriginal Trust Fund Repayment Scheme (ATFRS). Participating firms undertake training on the operation of the AFTRS and the claims process and cultural awareness training.

OUTREACH SERVICES

Indigenous Legal Outreach Project, Macarthur Legal Centre Inc., [NSW]
Commenced: 2007
Contact: Centre Director, ph: 02 4628 2042.
This project is developing an appropriate legal service delivery model for local Aboriginal people and provides legal advice and community legal education to Aboriginal people in the Macarthur region. This project was significantly delayed in starting due to difficulties recruiting a worker. It has now completed a comprehensive demographic profile and baseline data for the area and established an Indigenous Consultative Group to drive the development of an Aboriginal Legal Access Plan. The project has been funded for a second year.

Aboriginal Legal Access Service, Hawkesbury Nepean Community Legal Centre, [NSW]
Commenced: 1999
Contact: Melissa Stubbings, Aboriginal Legal Access Service Co-ordinator, 02 4588 5618, Melissa_Stubbings@clc.net.au
This program provides a weekly outreach service, community legal education, casework and community development. The worker has served on management committees to promote legal rights and responsibilities and supported NAIDOC celebrations. Work in collaboration with the Arts Law Centre of Australia on a Wills workshop has started. Partly funded from August 2007 by the Combined Community Legal Centres Group (NSW) Aboriginal Legal Access Program.

Aboriginal Legal Access Worker Project, Illawarra Legal Centre Inc., [NSW]
Commenced: 2007
http://www.illawarralegalcentre.org.au/
This project aims to improve access for Aboriginal clients and builds on consultations and planning already completed. The project was originally established to have a credit and debt focus however community consultation and community legal education indicated that networking and raising the profile of the legal centre to establish relationships was a priority. Work to investigate outreach services and advocacy has also been completed.

La Perouse Outreach Service, Kingsford Legal Centre (KLC), [NSW]
Commenced: 2007
This service aims to improve access to Kingsford Legal Centre for the local Indigenous community. Information and advice services are provided out of the demountables in Yarra Bay House at La Perouse. Kingsford Legal Centre is currently working in partnership with local organisations to develop a program of community legal education seminars on topics identified by the community. Funded in August 2007 from the Public Purpose Fund, administered by the Combined Community Legal Centres Group (NSW) Aboriginal Legal Access Program. For more information contact the centre on 02 9385 9566 or email legal@unsw.edu.au.

PRIVACY

Privacy Issues for Aboriginal Patients, HIV/AIDS Legal Centre (HALC), [NSW]
Commenced: 2008
Contact: Brady on 9206 2060
This project will develop a resource and training program on privacy issues for Aboriginal clients dealing with medical problems. As with all communities, confidentiality and disclosure of HIV can be sensitive matters in Aboriginal communities and can be a barrier to accessing testing and treatment. HALC has begun liaising with some Aboriginal and HIV services to scope out the project. The project is being funded by the legal centre.

TENANCY

Aboriginal Tenants’ Advice and Advocacy Service, Tenants Advice and Advocacy Services (TAAP), [NSW]
Commenced: 2003
http://www.fairtrading.nsw.gov.au/About_us/Access_and_equity/Aboriginal_Action_Plan.html
These services four assist Aboriginal people with tenancy issues and are located in Dubbo, (Western NSW Aboriginal Tenants' Advice and Advocacy Service), Grafton, (Northern NSW Aboriginal Tenants' Advice Service), Batemans Bay, (Murra-Mia Tenant Advice Service) and Marrickville, (Greater Sydney Aboriginal Tenants' Advice and Advocacy Service). Funded by the NSW Office of Fair Trading.

WILLS

Aboriginal Will-Making Project, Public Trustee of NSW & University of NSW, [Australia]
Commenced: 2007
The aim of this project is to identify the will-making needs of Aboriginal people and to produce will precedents specifically designed to meet those needs. The researchers are consulting Aboriginal people across NSW to determine what they believe to be significant matters to be addressed in a will. Issues identified include property, guardianship, disposal of the body and the loss of secret customary law knowledge. The project is considering how customary law rules may be related to the special rules of equity which are used in the law of wills. Instructing-taking protocols and precedents are being developed for solicitors to use Australia-wide. Professor Prue Vines of the University of NSW Faculty of Law is the creator and chief investigator. The Indigenous Law Centre, UNSW and the Public Trustee of NSW are also involved.

WOMEN

Advice line services - Evaluation
Urbis Keys Young, Evaluation of advice line services, (unpub.), Sydney, 2000, 36 p., [Australia, NSW]
This independent evaluation of the service of the Women's Legal Resources Centre (WLRC) was carried out by Urbis Keys Young. The evaluation methodology comprised: a review of the advice line service statistics over the last 5 years; a survey of all women using the telephone advice service in a one-week period (55 women); in depth interviews with the WLRC Chairperson, members of the Aboriginal Reference Group and staff involved in delivering the advice line service; and in depth interviews with organisations and agencies that make regular referrals to the Advice Line or operate a telephone advice / information service. The WLRC phone advice service has been operating for 15 years and assists approx 6,000 women per year. It is staffed by solicitors. The Indigenous legal contact line is staffed by indigenous women who refer to legal staff as appropriate. There are 3 different services - metropolitan, rural and indigenous. The evaluation found that it was a quality service which is highly valued by both clients and referral agencies and that numbers using the service have doubled in the last 5 years. The client satisfaction survey indicated an extremely high level of satisfaction with the service, in particular the quality of the legal advice / information provided, the helpful attitude, the amount of time they were given, and the clear way in which the advice or information was communicated.

Indigenous Women’s Program (IWP), Women's Legal Services NSW, [NSW]
Commenced: 1997
http://www.womenslegalnsw.asn.au/indigenous-womens-program.htm
The aim of this program is to improve access to legal services for Indigenous women and children throughout NSW. The service is staffed by Aboriginal women and non-Aboriginal women and offers a range of free services including free telephone legal advice, assistance with finding a lawyer, face to face advice from solicitors through outreach services, some general resources and information and community legal education.

Legal Resources for Women in Remote Communities (Walgett Outreach Project), Women's Legal Services NSW, [NSW]
Commenced: 2005, completed
This project aimed to provide information, education and access to justice for Aboriginal women and community workers in Bourke, Brewarrina, Collarenebri and Lightning Ridge. The activities included organising Fun Days for Aboriginal Women and community workers to establish or reinforce links with the legal services staff. Developed with assistance from a Law and Justice Foundation grant.

Legal resources for Aboriginal women in remote communities - Report
Women's Legal Services NSW, Walgett Outreach Project final report, Sydney, 2005, 6p. p., [NSW]
This project aimed to provide information, education and access to justice to community workers and Aboriginal women in Bourke, Brewarrina, Collarenebri and Lightning Ridge. The report acknowledged the importance of listening to communities about their needs and then ensuring that the service meets those needs. The project found that informal sessions were the most effective way to establish contact with Aboriginal women, who needed to meet the people they are dealing with. Therefore although the intention of the project had been to educate the women on how to access services, the initial points of contact would continue to be the Walgett Violence Prevention Unit (WVPU), or Women's Legal Services NSW. Most community workers indicated that an information and referral kit would be less useful to them than a single point of referral. Developed with assistance from a Law and Justice Foundation grant.