Legal Information Referral Forum (LIRF) Initiatives Convenor: Law and Justice Foundation of NSW November 2008 Older people and the law The November meeting of LIRF focused on the legal needs of older people. Lauren Finestone from the Older Person’s Legal and Education Unit, based at Legal Aid, gave a presentation on the Older Person’s Legal and Education Program, a partnership between Legal Aid and the Aged Care Rights Service. The service undertakes information, advice, community legal education, casework and law reform. Key areas of legal need that have been identified include moving in with children, ‘inheritance impatience’, succession planning for elderly parents with a child with a disability, tenancy issues and ‘acute squalor’. Five brochures on key areas of the law for older people have been produced, and one is planned on grandparents and the law. Additional opportunities for the Program to work with other services were identified at the meeting, including working with public libraries. The Foundation has prepared a list of existing programs and resources for older people. New Initiatives LawAccess NSW LawAccess will be advertising its service in 17 languages via SBS radio for 6 months beginning early next year. Referral rates to LawAccess from GPs have increased significantly since the start of the GP project. LawAccess are having discussions with the Aboriginal Health and Medical Research Council about referral of clients of Aboriginal Medical Services who have legal issues. Legal Information Access Centre A new edition of the Law Handbook will be ready in June 2009. The new editor, Mary Fallon, is asking if there are gaps in content. The latest hot topics are Health and the Law and Human Rights. The next two will be on Domestic Violence and Prisoners’ Rights. LIAC are going to do a print version of their online directory of not-for-profit legal service providers early in the new year. Legal Aid NSW The review of the Women’s Domestic Violence Court Assistance Program will be launched on White ribbon day (Tuesday 25 November). A 2 day Aboriginal cultural awareness training is being rolled out across Legal Aid. It will be open to CLCs and other non profits as space allows. A mortgage DVD will be released in mid-December. Law and Justice Foundation of NSW Free copies of the Getting off the Referral Roundabout training DVD are available from the Foundation. This is an excellent referral training tool for non-legal organisations and front line staff. Legal Information Referral Forum (LIRF) Initiatives Convenor: Law and Justice Foundation of NSW National Pro Bono Resource Centre The centre is carrying out research into the feasibility of retired and career break solicitors becoming involved in pro bono work. Issues that need to be addressed are insurance and keeping up a practicing certificate. National Pro Bono Resource Service’s Pro Bono Referral guide for working with Aboriginal services is available from the centre. Local Courts Forum sentencing, which involves victims and defendants looking at the underlying issues behind the offence, is being expanded to Burwood and Tamworth local courts. NSW Attorney General’s Department The Access and Equity Unit are producing a CDRom for Sudanese people. Community legal centres The 2009 NSW CLC directory is available from the state office. Central coast CLC is undertaking CLE outreach to homeless people. The Illawarra CLC Start Out Right program based in schools covers issues such as tenancy, fines, mobile phone contracts. Redfern is trialling a service for post-release prisoners, with a focus on Aboriginal women to begin with. EDO has published a Rural landholders guide to environmental law http://www.edo.org.au/edonsw/site/publications.php#landholder. Arts Law have fact sheets on artist rights when entering competitions and for artists working with children (artslaw.com.au). Northern Rivers CLC has started an outreach service to Tweed Heads with one solicitor and a financial counsellor. They have also run an Elder abuse project; including CLE forums on financial abuse (eg reverse mortgages, bankruptcy). PILCH Current projects include stolen wages, children in detention and predatory lending. Provision of training in RRR areas is also on the agenda. PILCH partners who work with Aboriginal communities (e.g. in relation to stolen wages) must undergo Aboriginal cross-cultural awareness training. PILCH members can assist not-for-profits including CLCs with publications, including launches, printing and designing. Future directions for LIRF It was decided that LIRF was a very useful forum and should continue in 2009. The first meeting in March next year will focus on credit and debt issues. Legal Information Referral Forum (LIRF) Initiatives Convenor: Law and Justice Foundation of NSW Issues to be referred to NLAF The lack of access by deaf prisoners to the TTY service because of security concerns was raised for referral to NLAF. July 2008 Legal needs of prisoners The July meeting of the Forum focused discussion on the legal need of prisoners, including a briefing from the LJF on the recently published report, Taking Justice into Custody, the legal needs of prisoners in NSW. Key issues included a need to focus on civil and family law and for services to be accessible and appropriate for a population with high levels of mental illness, illiteracy, cognitive impairment, drug & alcohol issues, low levels of educational attainment and life skills. Service delivery needs to accommodate the workings of the prison system including a lack of adequate resources, (e.g. phones, length of time with solicitors, access to information, welfare staff, and documentation) and other logistical issues (e.g. the times that prisoners are allowed out of cells may not coincide with when the legal aid lawyers are present). It was noted that many issues apply across service providers and areas of law and that the sector should work together to address the access to justice needs of prisoners. It was agreed that it would be useful to organise an NLAF roundtable to further discuss needs and possible solutions. Agency initiatives for prisoners Legal aid reviewed their Prisoners Legal Service in 2006 and now have an additional civil and family law solicitor. They have also produce a manual on conduct of parole matters for private solicitors who do legal aid work is being produced and in collaboration with DCS, have produced 6 DVDs covering, pathways through the legal system (including the court process), care and protection, victims compensation, debt, fines and tenancy. These will be launched in Sept/Oct of this year. LawAccess are negotiating with DCS to extend the current 7 minutes that prisoners are allowed for phone advice. LIAC and DCS have put Hot Topics, the Toolkit and case law information into 36 prison libraries (and 3 professional libraries). LIAC also provides direct services to prisoners through their research services. It was suggested that legal content could be used during literacy classes. Some prisoners are also doing the library course. CRC (Community Restorative Centre) runs a capacity building program to train government agencies and NGOs on how to work with families of prisoners and ex-prisoners. They are also commencing two pilot projects, family video link ups to prisoners for those families who can't travel to the prison, family /offender conferencing training. They have also created a website, Gimme Shelter, which has information for service providers on how to assist ex-prisoners. CRC produce information (Eg Preparing for prison, Planning your release, Getting Out Handbook) and provide assistance to prisoners and families of prisoners. Redfern Legal Centre is targeting post-release women prisoners (a large proportion of whom are aboriginal) and NGOs providing post release services (e.g. drug and alcohol services) on civil law issues including tenancy, housing, family law and credit, debt and fines. A number of CLCs attend information expos held at prisons. Government departments such as Housing and Centrelink also attend. CLCs that are located near to prisons do advice sessions at local prisons. Legal Information Referral Forum (LIRF) Initiatives Convenor: Law and Justice Foundation of NSW Court Services: Prisoners have increased access to Audio Visual Links to court (although it was noted in the TJIC report that this is a barrier for some prisoners, particularly those with a cognitive impairment). Video conferencing to increase the time prisoners have with legal aid lawyers will be piloted in September. The National Pro Bono Resource Centre is looking at the possibility of establishing a scheme through university law schools to use students to do pro bono work in prisons. DLA Phillips Fox and the Sydney University Law Society have developed a proposal to start a legal centre based at Sydney University which would provide civil law advice to selected prisons using solicitors with student volunteers providing back up support. (Legal Aid's Prisoner's legal service has identified a need for pro bono assistance for prisoners who fall outside Legal Aid's guidelines, particularly in civil law cases) Issues for particular groups Aboriginal prisoners: 21% of the prison population is Aboriginal (27% of the sample of interviewees for TJIC). The ALS only has the resources to do criminal law. (It would be good if they could do civil and family as well). There are Aboriginal workers in some jails. Older prisoners: Legal aid has identified particular issues for older prisoners in their submission to the older people and the law inquiry, (the numbers of whom are increasing). This issue is also being looked at by the Older Person's Legal and Education Program. Referral Directories Local courts are using ServiceLink (HSNet) with mixed feedback. The Aboriginal Legal Service's Guide to Legal Services for Aboriginal People in NSW and the ACT (http://www.nlaf.org.au/publications.html) has been evaluated. National Pro Bono Resource Service's Pro Bono Referral guide for working with Aboriginal services was published this week LIAC are going to do a print version of their online directory of not for profit legal service providers. The Hunter CLSD region legal referral directory is probably going ahead through the University of Newcastle. The difficulty of finding details of solicitors doing Legal Aid work was raised by Hunter CLSD. The Law Society Solicitor Referral database may have a list of solicitors who do Legal Aid work. GP referral project Information about LawAccess has been sent to 34 of the 37 Divisions of General Practice (6522 GPs). 28 Divisions have published articles in their newsletter and LawAccess has done one presentation to GPs. The Local Court Senior Registrar at Dubbo (Central West CLSD) is interested in working with the local Area Health Service. NSW Health has requested that GPs, as key partners in health service delivery, be granted access to ServiceLink. Accordingly, a pilot project has now been set up with the Central Sydney General Practice Network (CSGPN). For more information about the CSGPN Project, contact Robin Nahum, Human Services Network (HSNet) on (02) 9228 5288 or email robin.nahum@hsnet.nsw.gov. Legal Information Referral Forum (LIRF) Initiatives Convenor: Law and Justice Foundation of NSW New Initiatives LawAccess NSW Have published a new brochure about their services aimed at Aboriginal people http://info.lawaccess.nsw.gov.au/lawaccess/lawaccess.nsf/files/NLHDL.pdf/$FILE/NLHDL.pdf. Braille embossed wallet cards about LawAccess are available. Lawzone (an online tool to assist people with debt matters) will be launched soon. Translations of the factsheet describing LawAccess services are now available in Arabic, Chinese Simplified, Chinese Traditional, Croatian, Farsi, Filipino, Greek, Hindi, Indonesian, Italian, Khmer, Korean, Macedonian, Russian, Serbian, Spanish, Thai, Turkish, Vietnamese. There is an NESB search on the LawAccess website – www.lawaccess.nsw.gov.au. Legal Information Access Centre LIAC have re-branded their services to the community as "Find Legal Answers" The Neighbours Hot Topic on has been updated and reprinted as an A5 booklet. Community services can ask for up to 10 free copies. LIAC may produce this resource annually as there is a high demand for it. Legal Aid NSW LAC is running mortgage stress workshops in Parramatta, Gosford and Rooty Hill in partnership with a variety of service providers. http://www.legalaid.nsw.gov.au/asp/index.asp?pgid=609&cid=839&id=805 Cooperative Legal Service Delivery CLSD is holding introductory meetings in Nowra and Broken Hill for possible CLSD roll-out. Hunter CLSD partners are developing a joint service outreach in Taree. Services include the Hunter CLC, Legal Aid Newcastle office and a solicitor under Legal Aid's Regional Solicitor Program with local agency Manning Support Services, in cooperation with Disability Advocacy. CLSD has received additional project funding from the Commonwealth Attorney-General's Department under the Regional Innovations Program in Legal Services (RIPLS) program. An additional component of RIPLS funding includes monthly outreach clinics in 5 regions which will be selected in consultation with CLSD partners. CLSD and PIAC are developing a PPF bid for funding to develop and deliver 'Law for nonlawyers' to all CLSD regions. Law and Justice Foundation of NSW Information on grants funded and grant products is available on the LJF website http://www.lawfoundation.net.au/grants. The July issue of the Plain Language Law Newsletter has been sent out. A database of current plain language legal resources is available on the Foundation's site at http://www.lawfoundation.net.au/pllsearch. It is searchable by format (eg DVD, booklet etc), language, law type and target group. Legal Information Referral Forum (LIRF) Initiatives Convenor: Law and Justice Foundation of NSW Nominations for the Justice Awards close on 15 August. The Awards are on the 29 October. Slides from Pascoe Pleasance's presentation on legal needs research are available on the Foundation's web site at http://xml.lawfoundation.net.au/ljf/site/templates/powerpoint/$file/Legal%20Needs%20Research% 20-%20UK%20perspective.ppt National Pro Bono Resource Centre The National Access to Justice and Pro Bono conference is being held in Sydney from 13-15 November (http://www.a2j08.com.au/program.html). The centre is starting a project to target transitioning lawyers (particularly women returning from maternity leave, or retiring solicitors) to get involved in pro bono and will be recruiting a research officer to coordinate this. NSW Attorney General's Department The Capacity Assessment Toolkit for lawyers working with clients with a mental illness or cognitive impairment has been very popular and they are reprinting http://www.lawlink.nsw.gov.au/diversityservices. Local Courts Have produced a new information card on protected persons in AVO http://www.lawlink.nsw.gov.au/lawlink/local_courts/ll_localcourts.nsf/pages/lc_family_matters#Do mestic%20Violence. Changes have been made to forum sentencing so that it is no longer age specific but based on the offence. A new diversion program – CREDIT (Court referral of eligible defenders into treatment) is now in place (like MERIT but with a slightly different scope). A new code of conduct and handbook for JPs has been produced. The principles behind the 'DV intervention courts model' have been rolled out to some Sydney metropolitan courts. DV evidence kits have been distributed to the police in order to encourage early pleas. Care Circles are being trialled in Nowra. These are an expansion of Circle sentencing to involve families in care decisions. Victim's impact statements have been expanded so that they can be used in the Children's Court. Family Court /Federal Magistrates Court The Federal government has reviewed the best way to structure the services of both courts. A decision will be made very soon on whether they should operate separately or be amalgamated. The national roll out of mental health training for all client service staff has taken place throughout all Family Courts An e-filing capacity will be available soon to lodge supplementary documents for the Family Court Legal Information Referral Forum (LIRF) Initiatives Convenor: Law and Justice Foundation of NSW A child responsive program will commence in Family Courts in order to establish a model of court services based on greater child inclusiveness and earlier access by children and parents to the family consultant. There are currently varied levels of interaction between the courts and family relationship centres. It can be hard for people to access family relationship centres due to waiting lists. March 2008 Reaching CALD Communities The Legal Information and Referral Forum has been focussing on ways to improve access to legal services by CALD communities. Potential avenues for working with CALD communities include migrant resource centres, settlement services, public libraries, adult English classes and religious organisations. Recent initiatives The Combined Community Legal Centres Group is planning a forum for CLCs to discuss the issues around reaching CALD communities. The Foundation hosted a seminar for public legal agencies on promoting resources to CALD communities. Women's Legal Service are investigating the possibility of organising a customised 1 day version of Law for Non-Lawyers for migrant resource centres. They are also adapting a Victorian poster on how to use interpreter services for NSW legal service providers. The Community Relations Commission has done training for CLCs on how to use interpreters. It may be useful to repeat this. Recent resources Legal Aid NSW, Welcome to Legal Aid is a CD Rom for newly emerging communities about Legal Aid and the legal system. It is available in a range of languages. NSW Attorney General's have a new website with resources for CALD communities describing the services of AGs and the local courts — www.lawlink.nsw.gov.au/Lawlink/DiversityServices/ll_DiversitySrvces.nsf/pages/cald_index. Fairfield Local Council and ICE (Information and Cultural Exchange) has a grant from the Foundation to produce a DVD on law and order issues for local emerging communities. The Ethnic Communities Council, Your legal rights, is a CD in Tigrinya aimed at young people aged 16-24 who have recently arrived from Eritrea. For a more extensive list of resources for CALD communities, search the Foundation's Plain language law search by language and/or group. www.lawfoundation.net.au/pllsearch. New Initiatives LawAccess NSW Have developed an older person's communications strategy and are currently developing a CALD communications strategy. Legal Information Referral Forum (LIRF) Initiatives Convenor: Law and Justice Foundation of NSW Legal Information Access Centre LIAC has a new brochure and website and toolkit branding — Find Legal Answers. New hot topic on climate change — www.liac.sl.nsw.gov.au/hot/pdf/release63.pdf New updated edition on Neighbours and the law. Defend Yourself, Tim Anderson, 2nd edition, Federation Press, 2008 $29.95 or $25 direct Provides a wide range of information about court procedure, trials and sentencing for those who wish to defend a charge in court. Legal Aid NSW / Cooperative Legal Service Delivery The Older Person's Legal and Education Program is a joint project of Legal Aid NSW and the Aged Care Rights Service. The service will have a regional focus and a focus on CLE and capacity building the profession to work with older clients. LAC is expanding its services to homeless people in RRR areas. Chris Cunneen (UNSW) is undertaking research for the commission into the civil and family law needs of Aboriginal people. A review is being undertaken of Legal Aid's services to people in domestic violence matters. LAC has developed two mortgage stress brochures. Problems paying your mortgage — www.legalaid.nsw.gov.au/data/portal/00000005/public/53088001205471207687.pdf They're trying to take our home — www.legalaid.nsw.gov.au/data/portal/00000005/public/58482001205471293937.pdf Are you being squeezed for a debt is being updated — www.legalaid.nsw.gov.au/data/portal/00000005/public/79767001160708438125.pdf Legal Aid is developing DVDs for prisoners on areas of law commonly encountered by prisoners including debt and tenancy. Law and Justice Foundation of NSW JAPA is a free bi- monthly electronic alert covering innovative programs aimed at improving access to justice for economically and socially disadvantaged people. Subscribe at www.lawfoundation.net.au/publications/newsletters/japa. Legal aid has updated Family Law for Grandparents. It is available on the Foundation's website — www.lawfoundation.net.au/grants/products/grandparents. The Foundation's Publishing Toolkit is available in hard copy and on our website — www.lawfoundation.net.au/information/publishing/toolkit. National Pro Bono Resource Centre The Pro bono services guide for Aboriginal people with civil law problems will be completed in the next few months. Legal Information Referral Forum (LIRF) Initiatives Convenor: Law and Justice Foundation of NSW NSW Attorney General's Department The Capacity Assessment Toolkit for lawyers working with clients with a mental illness or cognitive impairment is available at www.lawlink.nsw.gov.au/diversityservices. Local Courts A NSW Client Service Charter is available online and as a brochure — www.lawlink.nsw.gov.au/lawlink/local_courts/ll_localcourts.nsf/vwFiles/Client_Service_Charter.p df/$file/Client_Service_Charter.pdf A fact sheet are on changes to the information provided to defendants about fines and the process for applying for further time to pay is available — www.lawlink.nsw.gov.au/lawlink/local_courts/ll_localcourts.nsf/pages/lc_money_issues#Paying %20fines. Legal Information Referral Forum (LIRF) Initiatives Convenor: Law and Justice Foundation of NSW LIRF Initiatives: November 2007 Improving referrals from General Practitioners to legal assistance agencies LawAccess have prepared the first of a number of articles on different topics to be included in the Division of GPs newsletter. The first topic is 'dealing with debt'. Sue Scott and Lauren Finestone attended the NSW GPs conference held in October to talk about referral. This was well received and interest was shown particularly from the Aboriginal Medical Research Councils who would like them to attend their state meeting. LawAccess is also planning to extend the initiative into new Divisions of GPs, including NSW Central West, NSW Outback, Dubbo/Plains, Central Coast, Blue Mountains and Northern Rivers Legal Aid has begun discussing the project with CLSD regions. The first of those meetings was at Bathurst last week and the next will be at the Wagga Wagga meeting this week. Elizabeth Evatt CLC have been working with the Blue Mountains and Central West Division of GPs on mental health issues and have provided training to 12 regional GPs on powers of attorney, guardianship, wills and advance directives. It was noted that Illawarra CLC has a partnership with the local GP division and are developing referral protocols and that LawAccess could perhaps build on this type of initiative. Service Link Feedback on Service Link from LIRF members was given to HS Net. Currently, they do not have the funding to make any of the requested changes. The only other publicly available legal services directory is LIACs which is updated yearly. Some CLSDs are considering producing their own local referral guides. The LJF may work with the Hunter region on this with the aim of producing a best practice template that other regions could then use. Legal needs of newly arrived women migrants The Forum is working together to progress the recommendations from the Women's Legal Service (WLS) report, A Long way to Equal. MRCs were identified in the report as a key information pathway to migrant communities and that a collaborative approach to working with them would be a useful way of promoting a consistent message from the public legal sector. MRCs hold a bi-monthly general meeting and so WLS will attend the December meeting to discuss the findings of the report the role of the Forum ways to work together to implement the findings how CLCs can strengthen connections with MRCs issues in assisting clients with legal problems to explain LIRF and to suggest that an MRC rep speaks at the next LIRF meeting In addition, the report found that radio programs are a good way of disseminating legal information to CALD groups. The State CLC office is therefore putting together a list of key radio contacts from community ethnic radio programs across NSW and is organizing a session on how to most effectively Legal Information Referral Forum (LIRF) Initiatives Convenor: Law and Justice Foundation of NSW use ethnic media at the CLC quarterly meeting in Feb 2008 and/or at the state conference in Feb/March 2008. The LJF is organizing a seminar on producing and promoting resources to ethnic communities to be held in March. Better ways of working with non-legal CALD groups could also be explored through the establishment of an NLAF CALD working group which could further explore issues around legal information and referral, and broader access to justice and legal need issues. Feedback on LIRF A discussion on the future of the Forum indicated that members are very happy for it to continue, with 3 meetings a year, held at the LJF The focus will continue to be on working with non-legal services as a pathway to the justice system. In addition to CALD communities, older people were put forward as a potential group to focus on in 2008 New Initiatives Family Court Have commenced their 'client service delivery program' which involves 5 days of training for staff on mental health issues, working with Aboriginal clients, and people with language barriers and disadvantaged people more generally. A duty solicitor service has started in the family court provided by LAC, Mon–Fri 9am–1pm, open to all for assistance on the day and with referrals A women's DV support group will be available on Wed and Fri mornings in the Sydney Court. It will also support women with Federal Magistrate Court matters. It will provide general support (non-legal) and referral. It was noted that this scheme could potentially work with the LAC DV court support scheme. Law and Justice Foundation of NSW See the Foundation's website for a list of resources and CLE funded by the grants program — www.lawfoundation.net.au/grants/awarded The Foundation has produced a set of fact sheets on publishing and promoting plain language legal resources LawAccess NSW LawZone will be launched during Law Week with the interactive debt section finalised by December. Legal Information Access Centre The MOU with DCS to have toolkits in prisons has been extended for two years and LIAC will continue to provide research services to prisons Latest Hot Topics — Children and Families, this will be followed by Climate Change Community Legal Centres RLC will be focusing on post release issues concerning tenancy and credit and debt, particularly targeting Aboriginal women Legal Information Referral Forum (LIRF) Initiatives Convenor: Law and Justice Foundation of NSW ICLC has published the Unfair Dismissal Guide — www.iclc.org.au/udg/ — and the Women's employment rights project (WERP) — www.iclc.org.au/werp/ Legal Aid NSW National LA has produced information on the Family Court, a guide for grandparents, self representing litigants and child support Have commenced a statewide CLE program in prisons in collaboration with the sector and DCS. LAC and LawAccess have developed referral protocols NSW Attorney General's Department Have launched a website for victims of crime who may be called to court as witnesses. Is developing a draft plain language "Pocket Guide to your Bail Conditions" for defendants on bail. Local Courts are Rolling out a Client Service Charter across the all courts and tribunals. The Charter sets out expectations together with standards of service. The Local Court registry at Fairfield has been redesigned to make it more user friendly. It will shortly include a facility to enable people to get online access to LawLink.