NSW domestic violence legal services

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

General

Note: LawAccess NSW, Legal Aid and NSW community legal centres also provide a range of general legal assistance in the area of domestic violence.

Department of Community Services Community Services Division, Staying home Leaving violence. Commenced: 2005
This program seeks to remove the violent partner from the home and ensure the safety of the woman and her children. An exclusion order is negotiated as part of an apprehended violence order. Project workers provide casework and advocacy to address housing issues, financial difficulties, legal issues and to facilitate access to health services. A safety plan is developed and funding provided for security equipment for the home. It began as a pilot, operating in south-east Sydney and in Bega. From July 2007 the pilot became a fully funded by the Community Services Division of the Department of Community Services. It will be implemented in a further 16 areas across NSW. Six new sites will be funded in 2009/10 and a further 10 sites in 2010/11.

Women's Legal Services NSW
Women’s Legal Services provides free telephone, face-to-face advice and limited casework services in all areas of the law including family law, domestic violence and AVOs, sexual assault, employment and discrimination. Outreach clinics are provided on a fortnightly basis at Blacktown, Campbelltown, Liverpool, Fairfield, Penrith and Wyong. Specialised services for Indigenous women are listed separately below.

Women's Legal Services NSW, Domestic Violence Advocacy Service (DVAS)
http://www.womenslegalnsw.asn.au/domestic-violence-advocacy-service-dvas.htm
DVAS provides casework, legal advice and advocacy to women experiencing domestic violence over the phone but does not operate a face-to-face legal advice service. DVAS also works with court assistance schemes (see below for more information about these) by providing a solicitor to represent women seeking private ADVO applications at the mention stage. Currently DVAS solicitors act as duty solicitors in 3 courts (Penrith, Mount Druitt and Blacktown Local Courts) on a weekly basis, on each court’s AVO list day. DVAS also assist at Sutherland Local Court once a month and Campbelltown Local Court every two months. DVAS can also represent some women at a hearing. This greatly varies and depends on capacity. Generally, if women are eligible for legal aid DVAS will assist them to find a solicitor or barrister that has experience in AVOs, can act at the hearing, and will undertake the work at legal aid rates.

Integrated Domestic and Family Violence Services Program. Commenced: 2008
This is a multi-agency, coordinated response to prevent the escalation of domestic and family violence among high risk target groups and in targeted communities. Coordinated services are provided to clients through a multi-disciplinary team or are based on clear referral pathways between service agencies such as Police, Health, Housing, DoCS and non-government support agencies. There are three services sponsored by DoCS: Mt Druitt Family Violence Service, Canterbury Bankstown Domestic Violence Response Team; and Domestic Assault Response Teams (DARTs). There are also four other integrated services sponsored through government and community partnerships: Domestic Violence Intervention Response Team (DVIRT), Great Lakes Refuge Police Partnership, Nowra Domestic Violence Intervention Service, sponsored by YWCA; and Liverpool and Green Valley Domestic Violence Service, sponsored by NSW Health.

Courts

Attorney General's Department of NSW Crime Prevention Division, The Domestic Violence Intervention Court Model (DVICM). Commenced: 2005 http://www.lawlink.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/R58.pdf/$file/R58.pdf
The DVICM was developed to improve the criminal justice system response to domestic violence by improving safety for victims and ensuring that perpetrators who are charged with domestic violence offences are held to account for their actions. This cooperative model shares responsibility for responding to the needs of victims, children and offenders between Police, Department of Community, NGOs and Department of Corrections, at all phases through the criminal justice system. The model was piloted at Campbelltown and Wagga Wagga Local Courts and evaluated by the NSW Bureau of Crime Statistics in 2008. The evaluation examined changes to the numbers of incidents recorded, the number of alleged offenders brought before the courts, court outcomes, time taken, satisfaction of victims and whether they felt safe.

Legal Aid NSW, Women's Domestic Violence Court Advocacy Services (WDVCAS). Commenced: 1996
http://www.legalaid.nsw.gov.au/asp/index.asp?pgid=597
These services assist women and children who are experiencing domestic violence to obtain legal protection through Apprehended Domestic Violence Orders. They also assist women to access support services that can assist them with other needs, for example, financial assistance and counseling, housing, emotional support and family law. There are 33 programs, which operate in 65 local courts throughout NSW. In 2009/10 the program will be expanded to a further 42 local courts.

Women’s Refuge Resource Movement and Family Law Courts Sydney Registry. Family Law DV Court Support Pilot.
This court support service provides non-legal support, information and referrals for women attending the Sydney Family Law Registry in relation to separation, with a particular focus on women and children who are separating from a violent partner. Funded by the 2007/08 Domestic and Family Violence Grants Program
http://www.dpc.nsw.gov.au/vpcu/grants/domestic_and_family_violence_grants_program

Indigenous women

Carries Place Womens & Childrens Services (Maitland), DV Outreach Program
This Aboriginal outreach program aims to provide culturally appropriate early intervention, outreach and court support for Aboriginal women experiencing domestic and family violence. Funded by the 2007/08 Domestic and Family Violence Grants Program, http://www.dpc.nsw.gov.au/vpcu/grants/domestic_and_family_violence_grants_program

Commonwealth Attorney General's Indigenous Law and Justice Branch, Family Violence Prevention Legal Services (FVPLS) Program, Commenced: 1998
http://www.ag.gov.au/www/agd/agd.nsf/Page/RWPD8FCC1CECE78543ACA2571C7000B8A9A
This Australia-wide network of services provides legal support to Indigenous victims of family violence including victims of sexual abuse. The community-based services provide legal assistance, casework, counselling and court support, with an emphasis on early intervention and prevention services. Some services have a second solicitor to provide legal assistance in civil and family law matters. There are 31 services around Australia. NSW services are based at Walgett, Bourke/Brewarrina, Broken Hill, Forbes, Kempsey and Mildura.

Redfern Legal Centre, Aboriginal Women’s Access to the Downing Centre Court
http://www.dpc.nsw.gov.au/vpcu/grants/domestic_and_family_violence_grants_program
Redfern Legal Centre have received funding from the 2007/08 Domestic and Family Violence Grants Program to improve Aboriginal women’s access to the Downing Centre Court and to improve outcomes for Aboriginal women seeking ADVOs.

Wirringa Baiya Aboriginal Women's Legal Centre, Commenced: 1998
http://www.wirringabaiya.org.au/
This community legal centre focuses on issues relating to violence against Aboriginal women, children and youth throughout NSW. Its services include the Creating Spaces Program which supports Aboriginal women and their children to access their legal, social and cultural rights to be free of sexual abuse and violence. The Creating Spaces Program was funded in 2007 by the Aboriginal Legal Access Program, administered by the Combined Community Legal Centres Group.

Women’s Legal Services NSW, Indigenous Women’s Program (IWP)
The Indigenous Women’s Program 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. Women’s Legal Services also auspices Family Violence Prevention Services in the towns of Walgett and Bourke/Brewarrina. Solicitors are available to provide free face-to-face legal advice and legal representation every fortnight during the weeks when court is in session in these towns.