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© Department of Justice NSW 2015
If materials or the video referred to in this document are not available or are required in an alternative format please go to the Diversity Services website - People with disability/Publications page.
Website: www.diversityservices.lawlink.nsw.gov.au
Or call: Department of Justice on (02) 8688 7507 ph or
(02) 8688 7733 TTY (telecommunication device for people who are Deaf or have a speech impairment).
Acknowledgements
The Department of Justice would like to acknowledge the fsd video reference group and the intellectual disability rights service for assistance with this material.
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1.1
Introduction
............................................................................... 4
1.2
What does a court support person do?
................................. 5
1.3
Why are court support people needed?
................................ 6
1.4
Before court
............................................................................... 8
1.5
On the day of court
................................................................. 14
1.6
After court
................................................................................ 18
DEFINITIONS
.................................................................................... 21
COMMONLY USED ACRONYMS
..................................................... 24
CONTACT LIST
.................................................................................. 25
1.7
Legal Contacts
......................................................................... 25
1.8
Local Police Stations
............................................................... 28
1.9
Disability Advocacy/Legal Organisations
............................ 28
1.10
Witness and Victims’ Services
.............................................. 32
1.11
Interpreter Service
................................................................. 33
APPENDIX
.......................................................................................... 35
NOTES FOR A PERSON GOING TO COURT
............................... 35
1.1
Introduction
............................................................................. 36
1.2
What does a court support person do?
............................... 36
1.3
Why are court support people needed?
.............................. 36
1.4
Before court
............................................................................. 36
1.5
On the day of court
................................................................. 38
1.6
After court
................................................................................ 39
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1.1 INTRODUCTION
This material has been developed to accompany the DVD “So you have to go to court!” for people with cognitive disabilities. The video focuses on criminal matters in the local court as most criminal cases begin and end there.
Serious criminal charges (e.g. manslaughter or sexual assault) are heard in the District Court. There will be a judge and sometimes a jury for cases in the District Court. There will be a prosecutor from the Office of the
Director of Public Prosecutions (DPP) and assistance from the Witness
Assistance Program (see contact list). A defendant in the District Court will normally have a solicitor (or perhaps a barrister) to represent them.
The material below is to supplement the information in the video. It includes many useful for preparing to go to court. Please use the following points as a guide. They are not provided as legal advice. It is strongly advised that the person you are supporting obtain legal advice from a solicitor.
1.2 HOW TO USE THIS DOCUMENT:
The notes for the person with a cognitive disability going to court as a defendant, witness or victim are in bold. We have attached a copy of these points at the back of this document.
Additional details and explanations for the support person or trainer follow in plain text. Please note these points are broad, flexible guidelines. The specific requirements of the person going to court will determine the exact role of the court support person in each hearing. It is suggested a trainer or support person familiarise themselves with the material before working
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with the person with the disability and advise that more than one session be set aside to discuss material.
All of the bullet points are relevant to both defendants and witnesses unless stated otherwise.
1.3 WHAT DOES A COURT SUPPORT PERSON DO?

A court support person is someone who can help you get ready for court and goes with you.
As a court support person you will assist a person with a disability who must appear in court. Your assistance may be required before, during and after the court hearing.
You can do this by: o assisting the person to understand what is required of them in court; o helping the person understand what is happening at court; o assisting the court to understand the person who has the disability; and o providing emotional and psychological support to the person with the disability.

The court support person is not your solicitor.
It is very important the person realises that even though they have a support person, it is in their interest to also secure a solicitor.
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1.4 WHY ARE COURT SUPPORT PEOPLE NEEDED?

Court is a very complicated and scary place. You may find it helpful to take a court support person with you. It is very important that if you are asked to go to court you must attend.
People with cognitive disabilities are significantly disadvantaged before, during and after court proceedings. Many people think if they ignore their court hearing it will go away. If they don’t attend they could find themselves in further trouble.

At court you may not understand the questions you are asked by the solicitors. You have to do what the court tells you. I can help you with this.
The questions asked by solicitors and the directions from the court can be complicated. You may have to explain to the person the purpose of being at court and the consequences of what is being said and decided. The person may also have difficulty in instructing their solicitor.
It is critical that you must not tell or help the person decide what to say.
You must not help the person to prepare their evidence, and you must not rehearse what he or she is going to say.
You may need to stress the importance of being present at court and the importance of accessing a solicitor.
A person with a cognitive disability may be more anxious than other witnesses or the defendant. Witnesses with a cognitive disability may also be or feel especially vulnerable in court due to the presence of the defendant.
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
Do you want me to be your support person?
The person with a cognitive disability has the right to choose their court support person. It is preferable that the court support person be a trained court support person. Where a trained court support person is not available a community support worker, a relative or a friend may act as a court support person.
To be a court support person, you must: o be able to communicate clearly with the defendant, witness or victim as well as with the court; o not be a witness involved or likely to be involved in the hearing; o not have a financial interest in the outcome of the hearing; and o not be a solicitor involved in the case.
It is also preferable that you are over 18 years of age.

You need to understand, you cannot tell me what happened and I cannot help you decide what to say.
Again, it is critical that you must not tell or help the person decide what to say. You must not help the person to prepare their evidence, and you must not rehearse what he or she is going to say. You must not talk at all about the evidence with the person before court, during the hearing, during breaks or between hearings.
If you behave in a way that gives the appearance that you are helping or telling the person what to say you may be asked to stop your role as support person and may be removed from the courtroom.
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1.5 BEFORE COURT

Defendants only: Go to Legal Aid for a free 30-minute legal session .
Legal Aid is a Government legal service that provides free legal advice, as well as court representation and grants of legal aid funds. Their services usually focus on family law and criminal legal matters but they discuss any issues with people with disabilities. For more information about the services Legal Aid can provide visit www.legalaid.nsw.gov.au

Defendants only: Get a solicitor and ask them to explain anything you don’t understand.
It is strongly recommended the person obtain legal representation and advice, where appropriate. You may need to help the person organise this and attend appointments with them. You cannot provide legal representation or advice.

Witnesses only: Ask the police officer in charge of the case for information.
If the person is a witness or victim there will be a police officer in charge of the case that can provide advice and information about the hearing.

Call your local disability service or advocacy organisation for help.
See attached contact list or yellow pages.
 Watch the video “So you have to go to court”
Use the video to reinforce the messages of what to do when they have to go to court. Also point out to the person:
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o that courts are a formal environment and appropriate dress should be worn; o what general behaviour is expected in a court hearing; o that on the day they may have to wait a while before they are called into the courtroom (suggest appropriate ways to keep busy such as take a magazine, quiet game...); and o court formalities.
Read the Legal Aid Commission of NSW brochure about going to court for further advice. This is also available on their website: www.legalaid.nsw.gov.au.
 Use your “Checklist” to get ready before the hearing.
Go through and com plete the “Checklist” on the back of the person’s notes provided in this Kit. Explain to the person again why they must go to court and then review: o the location of the court; o when to leave home to be at the court early; o how to get to court, what public transport is available; o transport arrangements as required; o what papers the person needs to take to court; and o where to meet you on the day of the hearing. (This should be at the entrance before the security checkpoint.)

Ask the support person to tell you about the ‘Who’s in Court’ picture
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This handout can be useful to remind the person who will be there on the day for them and where people in court will sit. You should explain the courtroom could be laid out differently on the day they attend. Legal representatives may sit on different sides of the bar table depending on the location of the witness box.

You can go to court a day or two early if you want to see what it is like inside and what people do.
Ring the courthouse ahead of the hearing and ask if you can bring the person with the cognitive disability in advance of the hearing for a tour and orientation. This will provide them with a sense of the courtroom atmosphere and how things are run. Please note this needs to be conducted sensitively as it can scare a person and deter their attendance.

The support person can help you when you see your solicitor.
Offer to attend any meetings with the lawyer’s involved.
You may be able to: o help with communication between the person and the lawyer; o reinforce the legal advice that the person is given; o help the person to raise questions with the lawyer; and o be a consistent person as the lawyer often changes.
Make sure the lawyer talks to the person and doesn’t address the issues to you. You are not the client, you are there to assist.
If the lawyer or the person asks you to leave at any stage during an interview it is best to do so as there may be a good reason for this.
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
It can really help you if you tell your solicitor the types of things that will help you while in court.
Before the hearing you should discuss with the person what types of assistance and support they may require at the hearing. They may ask for the solicitor to speak in plain English without jargon.

It can also really help your case if your solicitor can tell the court you have a disability and what kinds of help you might need while in court.
The court will do what it can to help you while you are there.
It can make a difference in the outcome of the hearing if the court is notified that the person has a disability and the types of adjustments they may need. Discuss with the person whether they want the court to know about their disability. If they agree, encourage them to notify their solicitor or officer in charge or the court office. Note: If the person wants you to notify the solicitor or court it is critical to obtain the person’s permission before telling the court.
The court will make every effort to provide the reasonable adjustments requested, based on the person’s disability.
Some reasonable adjustments must be requested of the court in advance such as: o plain English material; o large print documents; o witness screens (to shield the victim); o wheelchair access provisions; o altered starting times (there can be lengthy delays and you can request an earlier start time); and
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o interpreters or the use of an infrared system (a.k.a. Hearing loop).
Other reasonable adjustments may be requested on the day such as breaks for concentration and exhaustion and water.

If you agree the court support person can help you work with your solicitor and tell them why you have a court support person.
If solicitors are involved, discuss with them your role as a court support person in any meetings as well as during the hearing.
If solicitors are involved, go with the person you are supporting to any meetings with their solicitors and if the person and the solicitors agree, stay at the meeting to support the person.
Liaise with solicitors, court officials and police officers about when the hearing will occur and when the person may be required to attend.

Witnesses only: If you have to give evidence in court you have to promise to tell the truth. You have to decide before you go to court if you want to make an oath or an affirmation.
Explain to the person the difference between an oath and an affirmation.
Whichever they choose is entirely up to them.

An oath is swearing to tell the truth by referring to God.
 An affirmation is swearing to tell the truth but not referring to God or any religious beliefs.

Witnesses only: When you give evidence you must: o tell the truth; o only answer the question asked;
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Remind the person to tell the truth and only answer the question asked.
They should not volunteer additional information. o If you don’t understand the question, say “I do not understand.”
Tell the person it is okay to say “I don’t understand”. If they misunderstand a question they could cause themselves difficulty. o If you don’t know, it is okay to say “I don’t know.” Do not guess.
Tell the person it is okay to say “I don’t know. They must not guess while in the witness box. o Ask for a break if you want one.
Remind the person to ask for breaks while in the witness box, if they becomes tired or upset. o Do not take notes or read anything in the witness box
Explain to the person that they cannot write or refer to a notebook while in the witness box. This could look like they have been prompted.

Witnesses only : You may be able to give your evidence by camera or Closed Circuit TV (CCTV).
If the person is fearful of a defendant or someone else in the courtroom they may be able to provide their evidence by closed circuit TV. This must be arranged in advance. Discuss this with the prosecutor or the police officer in charge of the case. This is particularly useful for victims who are upset or distressed.
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
If you are sick or cannot go to court, someone MUST ring the court before the hearing.
It is critical, if the person is ill, to notify the court before the hearing if the person cannot attend. The court’s phone number is on the person’s paperwork or check you local phone book. The person may be asked to provide a medical certificate.
1.6 ON THE DAY OF COURT

Take your checklist and court papers with you.

Be sure to leave home on time so you get to court a little bit early.
The security checkpoint can cause delays so ensure you organise to arrive a bit early.

Meet the court support person where you have planned and they can help you figure out where to go.
Meet the person with an intellectual disability at court and/or accompany them to court. Getting through security can take some time and may be scary so it is best to meet the person before the security check.
Find out what court the person’s hearing will be in.
If the person is a defendant look at the charge list. The person’s name will have a number and court number beside it. The number is not an indication of the order of the cases. You need to stay within earshot of the courtroom door until the person is called.
If the person is a witness you can look up the name of the defendant (if you know it) in the charge list or look at the summons list.
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If you have trouble finding the appropriate courtroom check with staff in the court office.
Before the hearing, remind the solicitors and police officer in charge of your presence and role.
At the start of the hearing you should remind the solicitor representing the person you are supporting to: o explain your role to the court; o get the court's permission, if required, for you to interrupt the giving of evidence to ensure the person you are supporting is not disadvantaged and understands what is being said; and o get the court’s permission, if required, for you to explain what is happening in the court to the person you are supporting when they are not giving evidence.
You should only speak during the court hearing when directed to do so by the magistrate or when given prior permission to speak.
For example, when the person you are supporting starts to give evidence, the court may grant you permission to speak to ensure their rights are protected. You may for instance: o ask a solicitor or others to rephrase a question in simpler language; o ask the court for more time for the person to answer the question; and o request a short break for the person if they are tiring.
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
There are specific things you need to know about while in the courtroom. o Bow in the direction of the magistrate when you go into the court; o Don’t talk aloud while you are in court; o Only answer the questions that the solicitors, the prosecutor or the magistrate asks you.

If you would like the court support person to sit near you in the courtroom and the witness box as the court officer.
Speak with the court officer or the person’s solicitor before you enter court about where you can sit. The Court Officer will have a red badge and is the “organiser” of the courtroom. They will announce when the case is commencing and can answer questions about the court. Unless the court directs you otherwise, sit with the witness or victim. If the person you are supporting is a defendant, you will need to ask the court’s permission to sit next to them.
If the person you are supporting is a witness, you can support them by keeping in eye contact with them, or by sitting where they can see you, to avoid the person having to look directly at the defendant.
The person may be able to request that you sit near them in the witness box. This must be organised by court staff or the prosecutor when you arrive at the courthouse and be approved by the Magistrate.
If the court hearing is a "closed court", you must ask the solicitor acting for the defendant, witness or victim to explain to the court who you are, what your role is and why you should be permitted to stay in the court.
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You must not help the person answer questions or tell them what to say when they are giving evidence.
You must not give body signals to the defendant, witness or victim about their evidence.

When you give evidence you must: o tell the truth; o only answer the question asked; o If you don’t understand the question, say “I do not understand.” o If you don’t know, it is okay to say “I don’t know.” Do not guess. o Ask for a break if you want one.

Do not talk about what happened or what you know with anyone during breaks .
This could look like you are telling the person what to say, so be sure they do not discuss their evidence with you.

What happens if I give my evidence by Closed-Circuit TV?
When closed-circuit television is used, the witness gives evidence in a separate witness room. The witness room is often used when children give evidence. The witness room is part of the court and the same rules apply in this room as they do in the court.
Generally, a court officer is also in the room with you and the witness.
Remember that the magistrate can see you and everyone else in the room even when the audio/visual equipment is turned off.
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When in the witness room: o You must do what the court officer tells you to do; o You must sit behind the witness and next to the court officer.
If an interpreter is used, the interpreter will sit nearer to the microphone; and o if the equipment is off and is not transmitting or breaks down, you may assist or comfort the witness, but you must not talk about the hearing or the evidence given by the witness.
1.7 AFTER COURT

Ask your support person what the magistrate has decided.
Facilitate discussion between the person and their solicitor at the time if at all possible.
Explain to the person you are supporting the court results in a way they can understand. Be sure to define concepts like “no contact” – this means no phone calls, visits, stal king etc…. not just ‘do not touch them’.
And tell them of any implications if they do not comply with any orders.
Be sure to clarify your understanding of the results with the solicitor or the police officer in charge if you are at all unsure.

Defendants only: You MUST go to the court office after the hearing.
The person must go to the court office for advice and directions after their court appearance, because they may have important paperwork to complete. If they don’t they could get into serious trouble.
Assist with any documentation that they may need to complete.
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
Defendants only: You may have to pay fines.
The person may have to pay fines and will only have 28 days to pay.
They can ask for additional time to pay. Just ask the court staff for the appropriate forms. Assist with any documentation that they may need to complete.
Witnesses only: You may be able to get some money for being a witness.
Witnesses may be eligible for the following: o travel expenses; and/or o a witness payment from the court or the police. Ask the police officer in charge at the end of the hearing.
Speak with the police officer in charge for details.

If you were hurt and are a victim you may be able to get some extra money.
If the person is a victim of a violent crime (including sexual assault), refer them to the Victims Compensation Tribunal, and/or the Victims of Crime
Bureau.

Be sure to ask when you can go home.
Arrange transport home for the person you are supporting, if appropriate.
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For further details about court processes check with:

LawAccess 1300 888 529;

Legal Aid Commission of NSW;

Your local Legal Information Access Centre at your local library.
(Contact details are available in the contacts section of this document.)
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Adjournment - This means the magistrate will continue with this matter on another day. The magistrate will tell you the time and date the case will start again. It may mean that you have to come back to court on another day.
Appeal - This is a way for you to challenge the decision made by the
Court. If you are not happy about the magistrate's decision and you want to appeal, talk to your solicitor or ask the court staff. There is usually a court fee to pay if you wish to appeal. There is a time limit of 28 days from the date of sentencing to submit a form to appeal to the District
Court.
Bail - Bail means you do not have to go to jail while you wait for your case to be heard in court.
Bail Refused - This means you have to wait in jail for your matter to be heard in court. If bail is refused or granted with certain conditions that you cannot meet, you can apply to the Supreme Court for bail.
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Barrister, solicitor, lawyer - Are all terms used to describe the people who represent you in court.
Bond - This is a promise to the court that you will be good for a set period of time. You may be required to meet with a probation or parole officer.
Chamber Magistrate - Chamber magistrates are located at most local courts. They provide free information about legal options and how the court operates, but cannot represent you in court or provide legal advice.
Court Attendance Notice (CAN) A CAN requires you to attend court.
The police may give it to you. It has the time, date and place for attending court. If you do not go to court you may be arrested.
Court costs This is a standard sum of money a defendant must pay to the court.
Court officer - Court officers organise the court lists and call people into the courtroom. They will call your name and show you where to stand in court if you are unsure. They wear a red badge in NSW.
Evidence What you know about what happened.
Fine - A sum of money the defendant pays if found guilty, as determined by the magistrate. Tell the court officer if you cannot pay your fine within
28 days. You can apply for an extension, but you must complete a specific form.
Guilty - If you say you are ‘guilty’ you are telling the court you did the crime you are accused of.
Lawyer, solicitor and barrister - are all terms used to describe the people who represent you in court.
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Legal Aid - Legal Aid gives free legal advice. They may also provide a solicitor to help you and go to court with you. You will need to apply for
Legal Aid. See attached contact list for Legal Aid phone numbers.
Not Guilty - If you plead ‘not guilty’ you are telling the court you did not commit the crime you are accused of.
Oath or affirmation - An oath is swearing to tell the truth by referring to
God. An affirmation is swearing to tell the truth without referring to God or a religious belief. You can choose whether you would like to take an oath or an affirmation.
Solicitor, lawyer and barrister - are all terms used to describe the people who represent you in court.
Subpoena A subpoena is a court document ordering you to attend court as a witness. Sometimes, a subpoena requires you to attend court to provide documents you may have.
Summons This is a document that requires you to go to court . The court sends it to you. It has the date, time and place for attending court.
If you do not attend court you may be arrested.
Surety - Is a promise to pay money if the defendant does not attend court or does not comply with their bail conditions. Being a surety for somebody is a very serious responsibility.
Warrant This allows the police to carry out their job.
Search warrants list what the police are allowed to search . They may take specific items they find.
Arrest warrants allow the police to arrest or detain a person.
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AVO (Apprehended Violence Order) - An AVO is an order to help protect you. It usually says that a specific person cannot come near you or bother you.
CAN (Court Attendance Notice) – A CAN requires you to attend court.
The police may give it to you. It has the time, date and place for attending court. If you do not go to court you may be arrested.
CSO (Community Service Order) - It is a court penalty that requires you to work for the community, instead of a fine or going to jail.
DPP (Director of Public Prosecutions) – The DPP goes to court against defendants in serious criminal matters.
DVLO (Domestic Violence Liaison Officer) A special police officer that helps victims of domestic violence. They can provide legal advice as well as information on support services, accommodation and financial assistance.
MERIT (Magistrate Early Referral Into Treatment program) - Is a special court to help defendants who have a drug problem. These defendants go to drug treatment programs as part of their bail conditions.
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PD (Periodic Detention) – Going to jail for only a few days per week.
TTP (Time To Pay) - If you are issued a fine and cannot pay it within 28 days, you need to fill in the “time to pay” form. This allows you to pay your fine over time. Ask at the court office for the form.
VCL (Victims Compensation Levy) A standard sum of money that you may have to pay. It is added to the fine and court costs in criminal matters.
1.8 LEGAL CONTACTS
LawAccess
Tel: 1300 888 529
Fax: (02) 8833 3101
TTY: 1300 889 529
Website: www.lawaccess.nsw.gov.au
Role: LawAccess NSW provides information, referral and advice (in some cases) to people who live in NSW. LawAccess customer service officers are available on 1300 888 529 between 9.00am and 5.00pm, Monday to
Friday (except for public holidays).
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Legal Aid Commission of NSW
Head Office
Ground Floor
323 Castlereagh Street
Sydney NSW 2000
Tel: (02) 9219 5000
Fax: (02) 9219 5935
TTY: (02) 92195036
Website: www.legalaid.nsw.gov.au
Role: Legal Aid is a Government legal service dealing mainly with family law and criminal legal matters. They provide free legal advice, as well as court representation and grants of legal aid funds. For more information about the services Legal Aid can provide visit www.legalaid.nsw.gov.au/asp/index.asp
See www.legalaid.nsw.gov.au/asp/index.asp?pgid=20 for local offices.
.
Community Legal Centres
To find a centre near you call LawAccess or search www.nswclc.org.au
Role: CLCs are independent, non-profit community organisations providing free legal advice, information and referrals for individuals and communities across NSW.
Criminal Justice Support Network based at: Intellectual Disability Rights Service (IDRS)
Level 1
128 Chalmers St
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Surry Hills NSW 2010
CJSN Tel: 1300 665 908 (24 hrs)
Fax: (02) 9318 2887
Website: www.idrs.org.au
Role: Provides a 24-hour 7 days a week support and information service for people with intellectual disabilities who have to speak to the police or have to go to court.
Legal Information Access Centres
Legal Information Access Centres (LIAC are based in 78 local libraries)
State Library of New South Wales
Macquarie St
Sydney NSW 2000
Monday to Thursday, 9am to 6pm
Friday 9am to 5pm
Sunday 11am to 5pm
(Closed Saturdays)
Phone: (02) 9273 1558
Fax (02) 9273 1250
Website : www.legalanswers.sl.nsw.gov.au/
Role: LIAC is a statewide service providing free access to information about the law through the State Library and NSW public libraries.
Sydney Regional Aboriginal Corporation Legal Service
619 Elizabeth Street
Redfern NSW 2016
Tel: (02) 9318 2122
Fax: (02) 9319 2630
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Role: Offers free legal assistance to Aboriginal and Torres Strait Islander
(ATSI) people in the greater Sydney Region and Wollongong. The organisation is predominantly a criminal law practice that provides advice and representation for both Indigenous adults and young persons.
Wirringa Baiya Aboriginal Women’s Legal Centre
Phone (02) 9569 3847
1800 686 587 (toll free)
Role: Wirringa Baiya is a community legal centre for Aboriginal women, children and youth living in NSW. Wirringa Baiya focuses on issues relating to violence against Aboriginal women, children and youth. Our service is free and confidential.
1.9 LOCAL POLICE STATIONS
(02) 9281 000 General switchboard for local station
Website: www.police.nsw.gov.au/lac/lacsearch.cfm
1.10 DISABILITY ADVOCACY/LEGAL ORGANISATIONS
Brain Injury Association of NSW
17 Macquarie Rd
Auburn NSW 2144
Tel: (02) 9749 5366
Toll Free: 1800 802 840
Fax: (02) 97495608
Website: www.biansw.org.au
Role: A peak organisation that represents people who have acquired brain injuries. Their main activities include an information and referral service, resourcing self help and support groups, lobbying and policy work.
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Deaf Society of NSW
4/69 Phillip St
Parramatta NSW 2150
Phone: (02) 8833 3600
TTY (02) 8833 3691
Role: Assists primarily the Deaf community. Services include information and community education, interpreting services, workplace programs, training and liaison accommodation and tenancy support.
Disability Complaints Services
People With Disabilities Inc.
PO Box 666
Strawberry Hills NSW 2012
Phone: (02) 9319 6622
Free call: 1800 422 015
TTY: (02) 9318 2138
Fax: (02) 9318 1372
Role: A free, non-legal advocacy service for individuals and groups of people with disability who have serious and urgent problems. Available to people with various disabilities across NSW. The service also gives advice and information to people with disability and their associates about how advocate for themselves.
Australian Centre for Disability Law
Phone: (02) 8014 7000
TTY: (02) 9211 5549
Role: Provides advice and assistance for people with disabilities who want to lodge a complaint in relation to disability discrimination.
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HIV/AIDS Legal Centre
PO Box 350
Darlinghurst NSW 1300
Phone : (02) 9206 2060
Free call 1800 063 060
TTY: (02) 9283 2088
Fax (02) 9206 2053
Website: www.halc.org.au/default.htm
Role: The HIV/AIDS Legal Centre (HALC) is a community legal centre that specialises in HIV related legal matters. HALC recognises that people living with and affected by HIV/AIDS have special legal needs.
Information on Disabilities- Equipment Access Services Inc. (IDEAS)
Tumut Region Home & Community Care Centre
81 Capper Street
Tumut NSW 2720
Tel: (02) 6947 3377
Toll Free: 1800 029904 (TTY for both lines)
Fax: (02) 6947 3723
Website: www.ideas.org.au
Role: An information and referral service on disability issues including extensive network of contacts regarding disability organisations, services and resources.
Intellectual Disability Rights Service (IDRS)
Level 1
128 Chalmers St
Surry Hills NSW 2010
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Tel: (02) 9318 0144
Toll Free: 1800 66 66 11 (within NSW)
Fax: (02) 9318 2887
Website: www.idrs.org.au
Role: The Intellectual Disability Rights Service (IDRS) is a community legal centre in NSW. They help people with an intellectual disability secure their rights. They can provide legal advice and information for people within NSW, but can also provide education resources or publications nationally.
Mental Health Advocacy Service
Level 4, 74-76 Burwood Rd
Burwood NSW 2134
Phone: (02) 9745 4277
TTY: (02) 9745 4277
Fax : (02) 9744 6936
Role: Provides free legal advice and representation at Mental Health
Tribunal hearings held at psychiatric hospitals and at the Guardianship
Tribunal. The service also provides mental health law information over the phone and will accept reverse charge calls. Funded by the Legal Aid
Commission of NSW.
Multicultural Disability Advocacy Association of NSW
10-12 Hutchinson St
Granville 2142
Tel: (02) 9891 6400
Toll Free: 1800 629 072
Fax: (02) 9635 5355
Website: www.mdaa.org.au
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Role : Provides individual and systemic advocacy for people from a non-
English speaking background with disabilities and their families. Other activities include community development, community education and consumer education.
Self Advocacy Sydney Inc.
Suite 106b
Level1 30-32 Campbell St
Blacktown NSW 2148
Phone: (02) 9622 3005
Fax: (02) 9622 6030
Internet Address: www.sasinc.com.au
Role: Provides training in self advocacy for people with intellectual disabilities and their carers, so that people with intellectual disabilities are supported to do things for themselves. The service also provides information and community education.
1.11 WITNESS AND VICTIMS’ SERVICES
Domestic Violence Advocacy Service
Phone (02) 9637 3741
1800 810 784 (toll free)
TTY: 1800 626 267
Role: The Domestic Violence Advocacy Service (DVAS) is a free and confidential legal service for women in NSW who are experiencing domestic violence.
Witness Assistance Service – DPP
Sydney (02) 9285 8949
Parramatta (02) 9891 9800
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Campbelltown (02) 4629 2811
Penrith (02) 4721 6100
Toll free (Outside Sydney) 1800 814 534 ask for regional office
TTY: (02) 9285 8646
Fax: (02) 9285 2528 (Head office)
Email: WAS@odpp.nsw.gov.au
Role: The Witness Assistance Service (WAS) is a part of the Office of the Director of Public Prosecutions (DPP). WAS provides a range of services to meet the needs of victims of crime and witnesses appearing in court matters prosecuted by the DPP. The service aims to reduce the trauma to crime victims.
Victims of Crime 24 hour support line
02 9374 3000
Toll free 1800 633 063
Lifeline
13 11 14
Sydney Rape Crisis Centre
02 9819 6565
Toll free 1800 654 119
Victims Compensation Tribunal
02 9374 3111
Toll free 1800 069 054
1.12 INTERPRETER SERVICE
Multicultural NSW (formerly Community Relations Commission)
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1300 651 500 (24 hours a day 7 days a week)
TTY Number: 8255 6758 (telephone typewriter for the hearing impaired) www.crc.nsw.gov.au
Sign Language Communication (see above for additional details)
Phone: (02) 8833 3600
National Relay Service: To call a person who uses a TTY
Phone: 133 677
Role: A phone service that acts as an intermediary between yourself (on a regular phone) and a person using a TTY.
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1.1 INTRODUCTION
How to use this document:
The notes for the person with a cognitive disability going to court as a defendant, witness or victim are in bold.
1.2 WHAT DOES A COURT SUPPORT PERSON DO?

A court support person is someone who can help you get ready for court and goes with you.

The court support person is not your solicitor.
1.3 WHY ARE COURT SUPPORT PEOPLE NEEDED?

Court is a very complicated and scary place. You may find it helpful to take a court support person with you. It is very important that if you are asked to go to court you must attend.

At court you may not understand the questions you are asked by the solicitors. You have to do what the court tells you. I can help you with this.

Do you want me to be your support person?

You need to understand, you cannot tell me what happened and I cannot help you decide what to say.
1.4 BEFORE COURT

Defendants only: Go to Legal Aid for a free 30-minute legal session.

Defendants only: Get a solicitor and ask them to explain anything you don’t understand.
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
Witnesses only: Ask the police officer in charge of the case for information.

Call your local disability service or advocacy organisation for help.
 Watch the video “So you have to go to court”
 Use your “Checklist” to get ready before the hearing.
 Ask the support person to tell you about the ‘Who’s in Court’ picture

You can go to court a day or two early if you want to see what it is like inside and what people do.

The support person can help you when you see your solicitor.

It can really help you if you tell your solicitor the types of things that will help you while in court.

It can also really help your case if your solicitor can tell the court you have a disability and what kinds of help you might need while in court.
The court will do what it can to help you while you are there.

If you agree the court support person can help you work with your solicitor and tell them why you have a court support person.

Witnesses only: If you have to give evidence in court you have to promise to tell the truth. You have to decide before you go to court if you want to make an oath or an affirmation.

Witnesses only: When you give evidence you must:
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o tell the truth; o only answer the question asked; o If you don’t understand the question, say “I do not understand.” o If you don’t know, it is okay to say “I don’t know.” Do not guess. o Ask for a break if you want one.
o Do not take notes or read anything in the witness box

Witnesses only : You may be able to give your evidence by camera or Closed Circuit TV (CCTV).

If you are sick or cannot go to court, someone MUST ring the court before the hearing.
1.5 ON THE DAY OF COURT

Take your checklist and court papers with you.

Be sure to leave home on time so you get to court a little bit early.

Meet the court support person where you have planned and they can help you figure out where to go.

There are specific things you need to know about while in the courtroom.

If you would like the court support person to sit near you in the courtroom and the witness box as the court officer.

When you give evidence you must:
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
Do not talk about what happened or what you know with anyone during breaks .

What happens if I give my evidence by Closed-Circuit TV?
1.6 AFTER COURT

Ask your support person what the magistrate has decided.

Defendants only: You MUST go to the court office after the hearing.

Defendants only: You may have to pay fines.

Witnesses only: You may be able to get some money for being a witness.

If you were hurt and are a victim you may be able to get some extra money.

Be sure to ask when you can go home.
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