Please read - Legal Aid NSW
Employee Handbook
People and Organisational Development
This document outlines the conditions of employment in Legal Aid NSW. Updated 30 October 2014
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Legal Aid NSW helps people to understand and protect their legal rights. We do this through advice, advocacy, representation and education, focusing on disadvantaged people and communities.
We are committed to providing an expert service, being inclusive and respectful, and making a difference.
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Table of Contents
3.14 Secondary Employment ……………………………………………………………………………………………………………….. 27
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1. LEGAL AID NSW
1.1 Statement of Purpose
Legal Aid NSW helps people to understand and protect their legal rights. We do this through advice, advocacy, representation and education, focusing on disadvantaged people and communities.
Values
We are committed to providing an expert service, being inclusive and respectful, and making a difference.
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Legal Aid NSW Plan 2014-2015
Legal Aid NSW helps people to understand and protect their legal rights.
We do this through advice, advocacy, representation and education, focussing on disadvantaged people and communities.
We are committed to providing an expert service, being inclusive and respectful and making a difference.
Objective 1
To promote access to justice through early intervention and prevention and better targeting of legal assistance to disadvantaged people
Action
Develop a new Reconciliation Action Plan (RAP) for 2015-2017
Develop and implement a targeted civil law service for children and other vulnerable persons
Target/Measures
RAP 2015-2017 submitted to the Board
Service developed and implemented
Due by
June 2015
Reporting Unit
Aboriginal Services
Unit (ASU)
December 2014 Civil Law
Develop and implement an immigration advice and outreach strategy
Provide legal education about the risks of cyber bullying and sexting, targeting young people and parents
Redevelop the Best for Kids website to improve accessibility to legal information for children and young people
Develop and implement new models for the delivery of legal services in child protection law targetting casework assistance to disadvantaged families
Strategy developed and implemented
100 community legal education sessions delivered in public schools
Best for Kids website relaunched with new content
Two new models developed and implemented
December 2014 Civil Law
July 2014 - June
2015
Criminal Law
December 2014 Family Law
June 2015 Family Law
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Objective 2
To pursue excellence, innovation and efficiency in legal service delivery
Action
Evaluate the civil law duty services model in use at the Social
Security Appeals Tribunal (SSAT) and the NSW Civil and
Administrative Tribunal (NCAT)
Implement accepted recommendations from the Review of the
Panel Lawyer Audit Strategy
Target/Measures
Evaluation completed and findings presented to the Board
Contribute to negotiations for a new funding agreement with the
Commonwealth
Review the outcomes of the Productivity Commission's Access to
Justice Arrangements Inquiry
Implement the Diversity Action Plan 2014-15 to promote diversity and inclusiveness and improve client service and support for staff
Implement the recommendations of the external audit of Legal Aid
NSW complaints handling
Assess the impact on Legal Aid NSW of the government's accepted recommendations of the NSW Law Reform Commission's inquiry into Encouraging appropriate early guilty pleas
New Panel Lawyer Audit Strategy developed and presented to the Board
Project Plan for a Panel Lawyer Audit
Management System developed
Balance of accepted recommendations of the review implemented
New funding agreement negotiated and report provided to the Board.
Productivity Commission report analysed and report provided to the Board.
Actions implemented
Progress monitored quarterly by the
Equity and Diversity Committee
Monitoring and reporting processes implemented
Complaints policy developed
Centralised data collection system implemented
Report submitted to the Board
Report to the Board provided on the impact of the recommendations
Due by Reporting Unit
September 2014 Civil Law
August 2014
September 2014
June 2015
June 2015
Strategic Policy &
Planning (SPP)
SPP, ITS&R
SPP
SPP
November, 2014 SPP
June 2015
December 2014
June 2015
April 2015
SPP
Executive
Criminal Law, Grants,
SPP
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Objective 3
To support and develop our people and improve our systems to meet organisational goals
Action Target/Measures
Develop a new Aboriginal Employment and Career Development
Strategy for 2015-2017
Develop new procedures and revise policies for managing the safety of Legal Aid NSW staff travelling long distances and working in isolation
Implement the requirements of the Government Sector
Employment Act 2013 and the Public Service Commission
Guidelines
Strategy developed, approved by the Board and launched
Policies revised and new procedures developed for inclusion in the Client Service
Strategy
Due by
June 2015
June 2015
ASU
Reporting Unit
Workforce management strategy accepted for implementation by CEO
New recruitment processes developed and implemented
New Code of Conduct and Ethics
Framework developed and implemented
Agreed actions implemented
February 2015
February 2015
June 2015
June 2015
Operational Support,
Legal Services, People and Organisational
Development (POD)
POD
POD Implement accepted recommendations of the University of NSW study into health and wellbeing in Legal Aid NSW
Develop organisational capability in Activity Based Costing
Develop and implement a comprehensive data governance framework that addresses quality assurance and data recording and monitoring
Time recording and reporting system
Pilot implemented
Pilot evaluated and report submitted to the Board
Framework developed in consultation with all relevant parties and implemented
September
2014
February 2015
April 2015
Legal Services
SPP
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Objective 4
To build strong, effective service partnerships to respond to the legal and non legal needs of our clients
Action
Review the Statement of Commitment with the Aboriginal Legal
Service
Target/Measures Due by
New Statement of Commitment launched July 2014
December 2014 Establish a formal relationship with the network of Aboriginal community justice groups
Review provision of legal services in South-West, Far West and
Northern NSW and identify gaps in legal services experienced by disadvantaged communities in those areas
Promote and provide training on best practice principles for outreach/ mobile lawyers across the legal assistance sector
Monitor and support WDVCAS services in Waverley and Orange in the establishment of domestic violence Local Coordination
Points and Safety Action meetings
Support collaborative projects including legal clinics through the
Cooperative Legal Service Delivery Program in regional and remote locations
Memorandum of Understanding developed with Department of Police and Justice (DPJ)
Report presented to the Board
Inaugural one-day professional development forum held
Reports submitted to the Board and DPJ
10 collaborative projects supported
Progress reports submitted to the
Board
Report presented to the Board
March 2015
September 2014 SPP, Executive
July 2014-June
2015
July 2014 - June
2015
June 2015
Reporting Unit
ASU
ASU
SPP, Executive
SPP
SPP
Civil Law Identify gaps in support systems for Aboriginal women leaving custody
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1.2 The Role of Legal Aid NSW
Legal Aid NSW was established under the Legal Aid Commission Act 1979 of NSW and is an independent statutory body. We provide legal aid and other legal services to disadvantaged people.
A Board with ten members establishes Legal Aid NSW broad policies and strategic direction. The
Board represents a range of key groups including the Law Society of NSW, welfare groups and the
Bar Association of NSW .
We assist socially and economically disadvantaged people to understand and protect their rights.
One of the functions of the legal system is to safeguard people's rights. The legal system can only perform this protective role if people have equitable access to it.
The justice system is not accessible to everybody. Financially disadvantaged people, people with disabilities, people from culturally and linguistically diverse backgrounds, women, Aboriginal and
Torres Strait Islander people, and those who are institutionalised experience particular difficulties.
Legal Aid plays a special role in improving access to justice by providing a range of legal services to disadvantaged people, with special emphasis on these target groups.
We work in partnership with private lawyers who represent approximately 45% of all legally aided people in case matters in NSW.
Legal Aid NSW is part of the larger government department known as the Department of the
Attorney General and Justice cluster.
How we are funded?
Legal Aid NSW receives its income mainly from the Commonwealth and NSW Governments, the Law
Society Public Purpose Fund and its clients. The organisation undertakes work for the
Commonwealth on the basis of a four-year agency agreement.
What We Do
We provide free legal advice and minor assistance at our head office in Sydney as well as at 21 regional offices, numerous advice clinics located in various metropolitan and country centres and specialist services.
If more than legal advice is needed, we may be able to provide legal representation. We provide grants of legal aid for many civil, family, criminal, administrative law, mental health and veteran's matters. For most services clients must meet our means and merit tests and usually have to pay some money towards the cost of their case. In some cases clients repay the full cost of their case when it is finalised.
Our Programs
We provide services that aim to avoid court disputes such as alternative dispute resolution and community legal education programs. We also administer funding for Community Legal Centres to provide legal representation and advice across NSW as well as Domestic Violence Court Assistance
Schemes at many Local Courts.
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1.3 The Divisions
Service delivery at both regional and head office locations is managed by the Directors of Criminal,
Family and Civil Law assisted by the Regional Program Co-ordinators in each respective practice area. The Grants and Community Partnership Division administers all of the grants of legal aid and community partnerships. The Strategic Policy, Planning and Management Reporting Division handles business performance in addition to review and reform, communications. The practice areas are supported by several corporate service divisions, namely, People and Organisational
Development, Corporate Finance and Operations Support, and Information Technology.
Family Law Division
The Family Law Division forms part of the Family Law Program and assist people in resolving disputes arising from family breakdown. The Division encompasses Family Litigation at head office, the Child
Support Service, Child Care and Protection Legal Service, and the Family Dispute Resolution Unit.
Family Law services include representation in new case grants; advice and minor assistance to people; information services and community legal education, duty services at court; family law conferences; monthly divorce classes utilising interpreters; as well as family dispute resolution.
Civil Law Division
The Civil Law Division forms part of the Civil Law Program and includes Civil Law Litigation at head office, the Mental Health Advocacy Service, the Veterans Advocacy Service, Coronial Inquest Unit and Human Rights. The Division provides general advice to people including face-to-face legal advice and minor assistance; represents people in case and duty matters in priority areas of veterans’ entitlements, mental health, housing, consumer law, discrimination, migration and social security law. The Civil Law Division has conducted litigation in the Federal Court challenging recent amendments to migration laws, litigation in the Court of Appeal relating to the obligations of police officers to comply with discrimination laws, as well as litigation in the Consumer Trade and Tenancy
Tribunal in a matter against a finance company in breach of consumer credit law which effected a large number of borrowers. The Civil Law practice has been expanded across the State to assist regional and remote areas of NSW and provide assistance and advice.
The Criminal Law Division
The Criminal Law Division forms part of the Criminal Law Program and includes Inner City Local
Courts, Children’s Legal Service, Advocacy Unit, Indictable, Indictable Appeals, Committals Unit,
Prisoners’ Legal Service, Youth Drug Court and Adult Drug Court. The Division provides representation for new case grants; represents people in court; provides duty services; provides legal information, advice and minor assistance to people; advises prison inmates; conducts appeals in the Court of Criminal Appeal, including special leave applications, and full hearings in the High
Court; provides advice through the 24 hour per day Under 18’s Hotline, advises young people in police custody; distributes information about young people’s street rights and represents people in the Youth and Adult Drug Courts.
The Grants and Community Partnerships Division
The Grants Division includes Operations, Professional Standards, e-Lodgement and Records
Management. This Division was established in 2001 with the key objectives of achieving efficiency in the method of determining grants of legal aid and ensuring the determination process is fair, equitable and transparent. The Grants Division receives approximately 25,000 applications for legal
P a g e | 14 aid in criminal, family and civil law as well as managing approximately 30,000 duty appearances conducted by private practitioners .
The Grants Division also maintains quality in the assessment of applications for legal aid; develops uniform approaches to raise operational standards to the highest level and has rolled out electronic lodgement of legal aid applications in family law and civil law and is progressively doing so in criminal law. Community Education is also part of this Division. It assists clients to access and assert their rights through education programs and free publications. The Unit is responsible for the publishing of Commission publications, internet material, audio material, media releases and liaison, and community legal education. The Unit ensures that members of the public, community workers and legal professionals are provided with easy to understand information about the law and the services provided by the Commission. The Unit is guided by the needs of client groups and target audiences including rural communities, people who speak languages other than English, people with disabilities and welfare workers.
Strategic Policy, Planning and Management Reporting Division
Manages the development of the corporate plan and supports other Executive Directors in the implementation of the plan and leads the development of policy on the provision of legal assistance, through the integration of services provided by the in-house legal practice, private practitioners and non-government organisations; identifies strategic opportunities for Legal Aid NSW to participate in broader policy development within the justice sector and across government, and to support the participation of the agency in those processes; and assists managers across Legal Aid NSW to understand and apply internal and external research and data, so as to understand drivers of demand for legal aid, and key trends in the provision of legal aid.
Legal Aid NSW Regional Offices
Regional Offices are situated across the State at Bankstown, Blacktown, Burwood, Campbelltown,
Coffs Harbour, Dubbo, Fairfield, Gosford, Lismore, Liverpool, Newcastle, Nowra, Orange,
Parramatta, Parramatta Justice Precinct, Penrith, Port Macquarie, Sutherland, Tamworth, Wagga
Wagga and Wollongong. These offices provide a full range of legal services including legal information, advice and minor assistance, community education, mediation, duty solicitor and committals services and representation in Local, District and Federal Magistrates Courts, Family and
Children’s Courts and at Mental Health magistrate hearings.
The Community Legal Centres Funding Program was established to react quickly to local community needs. The Community Legal Centres (CLCs) are independent, non-profit organisations that provide a range of legal services to address the specific needs of disadvantaged sectors of the community, including people who are disadvantaged because of geographic location or social/economic circumstances. They provide a valuable adjunct to services provided by Legal Aid NSW. The
Commission administers the State and Commonwealth Community Legal Centres Funding program for the CLCs throughout NSW.
The Women’s Domestic Violence Court Assistance Program assists women with domestic violence issues. The Women’s Domestic Violence Court Assistance Program (WDVCAP) was established in
1996 and is a unique and innovative program aimed at encouraging women to use the justice system to gain protection from domestic violence. The Commission funds Women’s Domestic Violence
Court Assistance Schemes (WDVCASs) servicing 108 courts across NSW as well as a Training and
Resource Unit that provides scheme workers and volunteers with specialised training in all aspects
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The Client Assessment and Referral Section provides a whole solution to client problems. The five social workers in this unit assist lawyers to enhance legal outcomes for clients in a range of criminal, family, mental health and child protection matters. They make a special contribution in assessing the needs of particularly disadvantaged clients facilitating access to services and entitlements.
1.4 The Board
A Board with 10 members establishes Legal Aid NSW broad policies and determines its strategic priorities. There are 9 part time board members including the Chairperson, and one full time member who is Legal Aid NSW CEO. The part time members are appointed by the NSW Attorney
General for a maximum of three years. The members of the Board and their credentials are listed in the annual report.
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1.5 Organisation Chart
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1.6 Code of conduct
Legal Aid NSW Code of Conduct provides an ethical framework for the decisions, actions and behaviour of all Commission staff. It identifies the principles underlying appropriate conduct and the minimum standards of behaviour expected of staff. The Code of Conduct applies to every person employed by Legal Aid NSW, including ongoing staff, temporary staff or appointees, contractors and consultants
To ensure that staff are aware of the Code of Conduct it is policy for all new starters to be issued with a copy with their letter of offer. Acceptance of any job offer is conditional upon the return of a signed agreement to abide by the Code at or prior to the new staff member’s entry on duty.
All staff should ensure that they remain familiar with the provisions of the Code of Conduct , a copy of which is available on the intranet.
2. CONTEXT OF EMPLOYMENT WITH LEGAL AID NSW
2.1 General Information
There are a number of requirements and responsibilities that you need to be aware of as an employee of Legal Aid NSW; there are also a number of benefits to which you will have access that will assist you in your career progression.
We make the commitment that Legal Aid NSW will offer you a professionally and personally rewarding workplace where you will receive support and opportunities to become highly skilled, responsive, innovative and flexible team members.
2.1.1 Government Sector Employment Act 2013: All employment within Legal Aid NSW is conducted under the auspices of the Government Sector Employment Act 2013.
2.1.2 Conditions of Employment: The conditions under which all staff are covered within their employment are determined by the Crown Employees (Conditions of Service) Award
2009 and the salaries by the Crown Employees (Public Sector – Salaries) Award 2008. These awards are reviewed from time to time as required by the NSW Industrial Commission. The terms within the awards are negotiated between the Department of Premier and Cabinet and the Public Service Association on behalf of the Public Sector.
2.1.3 Legal Aid Policies and Procedures: There are many policies and procedures developed within Legal Aid to underpin the successful operation of the organisation and to ensure the consistent and equitable approach to the conduct of business and the treatment and well being of the staff. All policies and procedures are available on the intranet and staff are expected to become familiar with those that apply to their employment or area of expertise.
There is a more expansive list in section 12 of this handbook.
2.1.4 Key Corporate Systems: Legal Aid NSW have a series of key corporate systems, both computer and established processes which standardise business operations. The computerised systems are: TRIM – information management system, ATLAS and CASES
P a g e | 18 manage the legal documentation, SAP – the financial system and CHRIS which is the HR
Payroll system. Other systems include practice standards for each legal practice area, operating manuals and the style manual. All staff members are expected to become familiar with the systems which apply to them. Information about these are on the Intranet and able to be accessed when required.
2.2 PRINCIPLES UNDERPINNING EMPLOYMENT
All staff within Legal Aid NSW are required to have knowledge and understanding of:
Equal Employment Opportunity
Ethical Practice
Multicultural Action Plan
Disability Action Plan
Workplace Health and Safety
The depth of knowledge required in each of the above areas varies depending on the role and function of the job being undertaken. It is important for all staff to be aware of their obligations as a member of staff, in their working relationships with management and colleagues, contractors and consultants, and in the provision of professional client services.
2.2.1 Equal Employment Opportunity
Equal Employment Opportunity (EEO) is about making sure that workplaces are free from all forms of unlawful discrimination and harassment and providing programs to assist members of EEO groups to overcome past or present disadvantage. This means having workplace rules, policies, practices and behaviours that are fair and do not disadvantage people because they belong to particular groups.
In such an environment all workers are valued and respected, have equal access to benefits and conditions, and have opportunities to develop to their full potential and pursue a career path of choice.
EEO groups affected by past or continuing disadvantage or discrimination in employment are:
women,
Aboriginal people and Torres Strait Islanders,
members of racial, ethnic, and ethno-religious minority groups, and
people with a disability
More detailed Information about our responsibilities, the role of the Director of Equal Opportunity in Public Employment and employment equity strategies, policies and programs is available at www.eeo.nsw.gov.au and in Legal Aid NSW’s EEO Annual Report and Management Plan which is prepared each year.
2.2.2 Ethical Practice
NSW Public Sector employees must make decisions and take actions which best serve the public interest. When making decisions, employees should not consider their private or personal interests.
The Independent Commission against Corruption (ICAC) has developed principles to help public
P a g e | 19 sector employees make better decisions and resolve ethical dilemmas that they face at work. These principles provide that Government employees should ensure that any decision made, or action taken, has these qualities:
Openness
Honesty
Accountability
Establishing audit trails
Objectivity
Courage
Leadership
Legal Aid NSW Code of Conduct provides further information on ethical practice and decision making.
2.2.3 Multicultural Action Plan
The NSW Government recognises and values the different linguistic, religious, racial and ethnic backgrounds of all the people of NSW and all NSW Government agencies must prepare an
Multicultural Action Plan which contain the agency’s strategies and plans for future action to meet the principles of multiculturalism. Strategies include:
offering programs and services which reflect the needs of the entire community
developing and implementing policies which are sensitive to the needs of all staff and clients
providing information in ways that will reach all staff and clients
providing language services for all clients
ensuring that boards and committees reflect the multiculturalism of the community
training staff on multicultural and cross cultural issues and how these apply in their jobs
using flexible, inclusive consultation processes.
Further information is available from the Community Relations Commission for a Multicultural NSW
.
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2.2.4 Workplace Health and Safety (WHS)
The Work Health and Safety Act 2011 aims to protect the health, safety and welfare of people at work by laying down general requirements which must be met at every place of work in NSW. The
Act covers workers as well as employers and self-employed people.
Workers must:
take reasonable care of the health and safety of others
co-operate with employers in their efforts to comply with WHS requirements
Employers must:
act to ensure the health, safety and welfare at work of their employees.
All persons must not:
interfere with or misuse things provided for the health, safety or welfare of persons at work
obstruct attempts to give aid or attempts to prevent a serious risk to the health and safety of a person at work
refuse a reasonable request to assist in giving aid or preventing a risk to health and safety
disrupt a workplace by creating health and safety fears.
provide the information, instruction, training and supervision necessary to ensure the health and safety at work of employees
provide adequate facilities for the welfare of employees
consult with employees to enable them to contribute to decisions affecting their health, safety and welfare
adopt a risk management approach to managing workplace health and safety.
Further information in relation to WHS, First Aid and Injury Management can be found at Section 8 of this handbook, on the intranet and the Learning Management System: https://learning.legalaid.nsw.gov.au/courses/course-info.aspx?s=0&c=1302 .
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3. YOUR EMPLOYMENT WITH LEGAL AID NSW
3.1 Letter of Offer/Employment Contract
Following verbal advice of your success in being selected for a role with Legal Aid NSW you would have been issued with a formal letter of offer of employment. You would have signed the undertaking in acceptance of the terms and conditions of employment and returned it to the People and Organisational Development Division on or before your first day of duty.
3.2 Terms of Employment
All staff are employed under the Government Sector Employment Act 2013 and are either ongoing, temporary or casual employees.
Probationary Period
If you are an ongoing employee who has been recruited from outside the NSW Public Sector or if you are a temporary employee who has been offered ongoing appointment or employed for a minimum of 6 months employment, your initial employment may be subject to a probationary period of 12 months.
Temporary Employment
Temporary employment is for a specified period. It is generally for the duration of a specific task or project, to carry out the duties of a role that is temporarily vacant, to provide additional assistance in a particular work area, or for another temporary purpose. Temporary employment does not constitute an appointment to a “role” nor does it constitute ongoing employment within the meaning of the Government Sector Employment Act 2013 . Therefore, the CEO is able to dispense with the services of a temporary employee at any time.
Casual Employment
Casual employees are engaged to carry out work that is irregular or intermittent. Casual employees are engaged on a shift by shift basis or hourly and are not guaranteed ongoing employment. The hourly rate for casuals includes a loading in lieu of paid leave.
3.3 Employment Screening for Child-Related Work
A suite of legislation was introduced by the NSW Parliament to reduce the risk of abuse of children and young people by those entrusted with their care. This legislation includes the Child Protection
(Prohibited Employment) Act 1998, the Commission for Children and Young People Act 1998 and the Ombudsman Amendment (Child Protection and Community Services) Act 1988. Under this legislation:
All new employees and/or recommended applicants for child related employment must sign a Prohibited Employment Declaration and a Working with Children Check Consent prior to commencing employment and the employer must screen current employees engaged in childrelated employment.
Legal Aid NSW has a register of roles that are considered to be those which would allow the incumbent direct and potentially unsupervised contact with children. When these roles are advertised, a disclaimer is also attached advising potential applicants that it is an offence to apply for the role if the applicant is a “prohibited person”. Existing staff members as well as external applicants being recommended for roles which have been listed on the register are required to
P a g e | 22 complete a Prohibited Employment Declaration and Working with Children Check Consent. These declarations will allow the People and Organisational Development Division to request a screening from the Commission for Children and Young People (CCYP) incorporating:
A relevant national criminal records check;
A check of relevant Apprehend Violence Orders; and
A review of relevant completed disciplinary proceedings the applicant may have had in previous employment.
The policy and relevant declaration forms for Employment Screening for Child-Related Work are available on the intranet or the Working with Children website. For further information on this policy, you should contact the Senior Consultant, Workforce Management.
3.4 Health Declarations, Medical Examinations and Reasonable Adjustment
All staff must complete a declaration of fitness. You should check the requirements of the job in the position description and complete a health declaration form to:
confirm that you are not aware of any illness, injury or disability which would prevent your from performing the inherent job requirements; or
advise that you have a disability, illness or injury that may require reasonable adjustment; or
advise that you cannot perform the inherent job requirements and no longer wish to be considered for the role.
Should you identify an illness, injury or disability which may require reasonable adjustment, it may be necessary for you to attend an examination at Medibank Health Solutions to ascertain your fitness for employment in that role and advice as to any reasonable adjustments that can be made available to you. Additionally, some roles within Legal Aid may have specific health requirements and it may be necessary for new appointees to those roles to attend a medical assessment.
Reasonable Adjustment is a term which refers to amending tasks or the way duties are performed, or adjusting the work area to assist the staff member to perform the role for which they have been hired with regard to any impairment they may have.
If you are required to attend a medical assessment, it will be arranged for you soon after your commencement. Further information on health declarations and health assessments is set out in
Legal Aid NSW Health Assessment Policy.
3.5 Tax requirements
To meet ATO requirements all staff are required to provide their tax file number and complete a Tax
Declaration form before or on their first day at work. This form must be received by the People and
Organisational Development Division prior to any salary payment being made.
Should you need to change any details which may affect your tax during your employment you are required to complete a new Tax Declaration (eg change in HECS status).
The Medicare levy is incorporated in the tax deducted from your pay each fortnight.
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3.6 Practising Certificates
SOLICITORS' PRACTISING CERTIFICATES
All staff employed as solicitors within Legal Aid must have a current NSW Practising Certificate issued by the Law Society of NSW.
Practising certificates apply from 1 July of any year to 30 June of the following year and renewal documentation must reach the Law Society of NSW by 15 May of the following year to secure registration.
Legal Aid NSW will pay the cost of Practising Certificates for solicitors employed by Legal Aid NSW at the time of renewal, except in the case of temporary solicitors whose period of employment will be less than three (3) months.
Appointments throughout the practising year
Legal Aid NSW will pay the cost of Practising Certificates for Solicitors appointed at any time throughout the year who do not already possess a NSW Practising Certificate.
Solicitors appointed during the practising year who have already paid for their practising certificate will be reimbursed for the proportion of the practising year in quarters, for example, if a solicitor commenced duty in January, they would be reimbursed half of the practising certificate.
Leaving employment a) Solicitors leaving employment within the renewal period (15 May to 30 June) and who will not be returning to practice law with Legal Aid NSW during that practising year will be required to reimburse Legal Aid for the cost of the Practising Certificate for that year, if the renewal has already been paid. b) Solicitors resigning during the practising year (1 July to 30 June) will not be required to reimburse Legal Aid for any portion of the Practising Certificate fee.
Late renewal a) The Law Society may impose a late fee of $50 on any solicitor submitting a late application for renewal of their Practising Certificate and the cost of such a fee will not be met by Legal
Aid if the delay was not the fault of Legal Aid NSW. b) All Senior Solicitors are to ensure that all deadlines pertaining to the renewal of Practising
Certificates are met by solicitors for whom they have responsibility, as no extensions of time are given for the lodgement of forms.
Solicitors on long term leave or secondment a) Solicitors who are or will be on long term leave (special leave, maternity leave, LSL, etc) at the time of renewal, and/or for a substantial part of the practising year from July, may defer
P a g e | 24 renewal until their time of return to work. The Law Society should be advised of this before the leave commences to ensure that a deferral is granted, if required. and the fee renegotiated at the time of return to practising. It is the responsibility of the individual solicitor to ensure they have contacted the Law Society of NSW upon their return to practice. b) Solicitors on secondment to another agency at the time of renewal, who may not be returning to Legal Aid during the practising year, should have their practising certificate renewal paid for by the other agency if it is a requirement for the secondment position. If it is not a requirement for the secondment position, the case will need to be decided by the relevant practice Director based on the period of time the lawyer will be absent from Legal
Aid NSW.
Solicitors’ responsibility a) All Solicitors are reminded that it is their personal responsibility to maintain a record of MCLE
/CPD points earned during the year on the Learning Management System (LMS). If the solicitor is attending courses, conferences or seminars outside Legal Aid NSW, then the details should be entered on the LMS so that a record of MCLE points is current. The MCLE points can be checked/updated by consulting My Learning > My Training History http://learning.legalaid.nsw.gov.au
which is the web address for the LMS. A copy of the
LMS training history should be provided to the administrative officer arranging the renewals. Further information is available on the Law Society website - http://www.lawsociety.com.au
b) It is the individual solicitor’s responsibility to ensure that they have a current Practising
Certificate. Staff employed as Solicitors are unable to practise law and therefore, unable to do their job without a current practising certificate.
Law Society Membership a) Law Society of NSW membership is currently optional. Each year, prior to renewal of practising certificates, the CEO will decide if Legal Aid NSW will continue to pay membership fees to the Society. b) Any solicitor may choose to opt out of NSW Law Society Membership at the time of renewal c) Regional lawyers wishing to become members of the regional law society in their area should contact their Divisional Director to discuss if this is appropriate and if fees will be reimbursed by Legal Aid NSW.
Administrative staff members acting in Solicitor Roles
Where an administrative staff member, with a legal qualification and authority to practice law in
NSW, is acting in a above level role as a Legal Aid Solicitor, Legal Aid will reimburse the cost of the practising certificate on a pro-rata basis on a quarterly basis.
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3.7 Education, Qualifications and Prior Service in the Public Sector
For some roles in Legal Aid NSW qualifying examinations must be passed or specified standards of attainment achieved such as tertiary qualifications or equivalent experience. In these instances, certified copies of degrees or certificates must be supplied to the POD Business Partner prior to or upon entry on duty.
If you have worked in a government department previously but are not transferring directly, your service may be eligible to count towards the accrual of extended and other leave. If you have previous service in a State or Commonwealth department you should write to the Executive
Director, People and Organisational Development Division requesting that it be recognised for extended leave purposes.
3.8 Bank Details
All salary payments are by direct deposit to a nominated account with a bank, building society or credit union. The People and Organisational Development Division must receive a completed
Authority to Pay before a new employee can be included on the payroll. You will have received this form in your induction package and it may also be found on the Intranet.
The same form can be used to vary your nominated bank account at any time.
3.9 Birth Certificate and Proof of Permanent Residency
All new staff must establish their identity by providing a certified copy of their birth certificate or passport at or prior to entry on duty. If the new staff member was born outside Australia he or she must also provide proof of citizenship, naturalisation or permanent residency.
3.10 EEO Survey
It is important that staff members consider completing the EEO Data Collection form when they commence employment. The information provided remains confidential and assists Legal Aid NSW to gain statistics on EEO groups and to develop EEO policies and plans to meet the needs of those groups. However, completion of this form is voluntary.
3.11 Promotion and Development Opportunities
Staff members are Legal Aid NSW most valuable asset and we want to make sure that you can develop and advance within the Commission.
All ongoing roles which become available in Legal Aid NSW are publicised through on the website www.jobs.nsw.gov.au as well as the Intranet. Temporary vacancies from other agencies within the
Department of Attorney General and Justice, the Office of the Director of Public Prosecutions as well as interstate Legal Aid organisations are also listed on the intranet. In some instances internal expressions of interest will be sought from staff members within Legal Aid NSW who may wish to be considered for temporary assignment or subsequent assignment to the vacant role. Staff members should check the www.jobs.nsw.gov.au
website and the Intranet regularly for vacancies.
Applications must be submitted on www.jobs.nsw.gov.au
for all roles.
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Under the Government Sector Employment Act 2013 promotion in the Public Service is based solely on the criterion of merit. Under the Act, a vacant promotional position is to be filled by the person who, in competition with others, is best suited to fulfil its requirements, even though that person may not be an existing staff member of Legal Aid NSW. In determining an applicant's merit, the selection committee considers:
The nature of the duties involved in the position; and
The capabilities, qualifications, experience, standard of work performance and personal qualities of the applicant.
3.11.1 Learning & Development
Legal Aid NSW has a strong commitment to providing its staff with training and development opportunities and in 2008 invested in a new Learning Management System (LMS) to maximise the flexibility and efficiency with which staff are able to undertake the training they need.
Descriptions of all eLearning modules and face to face sessions on offer can be found on the LMS https://learning.legalaid.nsw.gov.au
which is accessible though the Quick Links on the right hand slide on the Legal Aid Intranet homepage. Users need to complete registration details, and then search the calendar or ‘Available Courses’ to find relevant sessions/modules then click on <Read
More and Register> to apply on-line.
Professional development is the responsibility of both the individual and their supervisor. All employees should develop work plans and development plans in consultation with their supervisor.
Learning and Development in the People and Organisational Development Division can assist in identifying options to meet training needs.
3.11.2 Study Assistance Scheme
Legal Aid NSW provides assistance to employees studying to gain tertiary qualifications which are relevant to their job and recognised in the industry. This may be through a grant of study time leave or, on successful completion of relevant subjects, assistance with course fees. Details of the assistance available and information on how to apply are set out in Legal Aid NSW Study Time Leave and Further Education Fees Assistance Program (FEFAP).
The Study Assistance Scheme aims to support staff members in gaining additional skills through formal study which are of value to the Commission and/or relevant career development.
Applications for study assistance are assessed using the same criteria as for all training activities but with regard to:
• Length and quality of service with Legal Aid NSW;
• Recommendation of supervisor;
• Relevance of course to current position;
• Relevance of course to career progression within the Commission and Public Sector;
• Impact on operation of workplace;
• Nature of course i.e. face to face, correspondence etc.
• Stage of study already reached.
Study time leave is only available for part-time courses of study.
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3.12 Your Personal File
Personal files are maintained for each employee and contain confidential matters relating to that member of staff. You may have access to your personal file by making arrangements with the
Business Partner in POD who is responsible for your division. Papers may not be removed from or added to personal files except by People and Organisational Development division staff.
A copy of your computer records is also available from POD on request.
3.13 Your Role Description
Each position in Legal Aid NSW has a Role Description which details the roles, duties and capabilities of the position - your Business Partner will be able to provide you with a copy.
3.14 Secondary Employment
Employees within the NSW Public Sector may not engage in any form of paid or voluntary employment outside their official duties without the prior approval of the Chief Executive Officer or delegate. The prohibition against undertaking private employment continues during any period of leave, whether the leave is paid or unpaid.
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4. WORKING HOURS
4.1 General Information
You are expected to be ready to commence work prior to the start of core time. This is 9.30 am for most staff members. If you are delayed or ill, you should notify your supervisor as soon as practical, and no later than 9.30 am.
If you are a casual employee your supervisor will inform you of your working hours on commencement.
4.2 Recording Working Hours
Electronic Flexsheets are used by all staff members (known as E-Flex). These need to be filled in accurately and submitted to your supervisor for approval at the end of each monthly period. You must not sign in for another employee or complete time sheets inaccurately. If you do either of these things you may face disciplinary action (including dismissal if warranted).
4.3 Flexible Working Hours
The flexitime system gives staff members the freedom to select their working hours, but subject always to meeting business requirements. A staff member may be excluded from participation if flexitime is misused.
The system works as follows:
The Flexible Period is the period during which you are to be in attendance or absent provided you are not contravening departmental requirements. This period is divided into:
The AM Flexible Period, which is the period between the earliest (7.00 am) and latest (9.30 am) permitted starting times.
The PM Flexible Band, which is the period between the earliest (3.30 pm) and the latest (7.30 pm) permitted finishing times.
Core-time is the period during the day when you must be on duty, unless at lunch or on approved leave, ie between 9.30 am and 3.30 pm.
Lunch Period is between 11.30 am and 2.30 pm. An officer may take from 1/2 hour to 2 1/2 hours for lunch provided that any period in excess of one hour has prior approval from your supervisor.
Settlement Periods are the successive four-weekly periods at the end of which you are to balance your hours against your contract hours.
Contract Hours are the hours you are required to work in one settlement period. For fulltime staff it is 140 hours (ie 35 hours per week).
Carry Over is the time that may be carried over into your next settlement period. The maximum permitted carry over is 45 hours credit (above) or ten hours debit (below) the 140 hours. You are required, however, to reduce your credit flex hours to a maximum of ten (10) hours before the end of the flex year as ten (10) hours only can be carried into the new flex year. In exceptional circumstances there may be grounds to make application to the CEO to carry over more than ten hours credit into the new flex year. Application forms are available
P a g e | 29 on the Intranet.
Flex-Leave. When approved in advance, time off may be taken as up to four half-days during the settlement period or two full days in the settlement period or a combination of both not exceeding the equivalent of two days. Alternatively, you may accrue your flex days within the flex year up to a maximum of 45 hours which you may then take in a block period subject to operational convenience.
You need to apply for flex via the ESS Kiosk.
The record of your hours during the settlement period must be noted on E-Flex. An officer who begins work after the commencement of core time (9.30 am) or returns from lunch after 2.30 pm will be required to take leave to cover the lateness.
Overtime is not counted as part of your progressive credit for settlement purposes.
For more information, please read the Flexible Working Hours Agreement . Additional information is provided to assist managers and supervisors to manage and understand flex leave provisions and recording of time worked.
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5. FLEXIBLE WORK PRACTICES
5.1 General Information
Legal Aid NSW aims to foster a flexible, responsive, positive and productive working environment.
Flexible work practices offer opportunities for Legal Aid NSW to improve its performance and productivity and for staff members to balance their work, family and community service responsibilities.
Flexible work practices are available for consideration and requested by staff to manage their work and family responsibilities. Supervisors and managers attempt to assist employees to manage their work and family life needs while ensuring the efficient operations of the work unit are not compromised, however, staff members must take ownership over their work and family life issues.
The following list are the flexible work practices available for consideration:
• Flexible working hours
• Job sharing
• Part time leave without pay (or with pay using other accrued leave)
• Part time work
• Short-term absences for family and other responsibilities
• Working from home
• Pre-purchased leave arrangements
Staff members who work via a flexible work practice arrangement are entitled to the same managerial commitment as other employees, pro rata entitlements, equitable opportunities for training, development, accommodation and equipment, recognition of skills, work requirements and freedom from harassment.
The Flexible Work Practices Policy and Managers’ Guide to Implementing Flexible Work Practices are available on the intranet. The Pre-Purchased Leave Guidelines are also available on the intranet.
5.2 Part Time Work
Legal Aid NSW is supportive of staff members working part time to ensure the greatest degree of flexibility to effectively and efficiently manage the delivery of legal aid programs and services, and to provide employment opportunities for people who are not able to work on a full time basis. Part time work provides benefits to both managers and staff members in that it allows for the more flexible allocation of work, and allows staff members to choose preferred working patterns.
Part time work is work that involves less than the normal weekly hours for the job. Part day, part week, part month, part year and variable year arrangements may be used. Part time work opportunities on a continuing basis, or for a set period, can be created in a variety of ways. These include:
• designing jobs to be performed on a part time basis;
• job share arrangements for two or more staff members undertaking one full time position;
• the employment of current full time staff members who want the option to work part time on the same work or different work; and
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• advertising work to be performed on a part time or full time basis, and designing the work arrangements to suit the availability of the best applicant(s).
Part time work may be arranged at the initiative of Legal Aid NSW, current staff members or potential staff members. Individuals seeking to negotiate part time work arrangements may require the support of another person and/or an interpreter to facilitate discussions and reaching of an agreement.
Staff members considering part time work should refer to the Part-time Work Fact Sheet and the
Flexible Work Practices Policy for further information. Part-time work application/variation forms are available on the intranet.
5.3 Job Sharing
Job sharing is a voluntary arrangement in which the duties and responsibilities of one job are shared amongst part time staff members. Job sharing provides flexibility for staff members to choose preferred work patterns to suit their lifestyles. Managers may use this option as a way to attract people with scarce skills, to increase the range of skills available and/or to assist a staff member who wishes to revise their hours of work. Job sharers may be employed on a part time basis, or may be full time staff members taking part time leave without pay. A job may be “shared” equally, with the job sharers having equal responsibilities and performing similar tasks or it may be “split” between the sharers on a functional and/or skill set basis.
5.4 Part Time Leave Without Pay (or other accrued leave)
Part time leave without pay (or with pay using other accrued leave) applies to full time staff who propose to work on a part time basis for a limited period of time through a reduction in the current number of working hours. This can be achieved through the use of leave without pay, maternity leave, sick leave or extended leave to cover the balance of the working week. At the end of the period of leave without pay (or with pay using other accrued leave) the staff member returns to full time work.
5.5 Working from Home
Working from home may suit the organisation and staff member as an interim arrangement, or as a long term option on a part time basis. It allows a staff member to continue their employment during some temporary unforeseen circumstance which prevents them from being in the workplace eg a fluctuating disability, the result of an accident, or the requirement to care for sick family members.
It is also ideal where both the manager and staff member are in agreement that work can be completed more efficiently from the home based work site because of fewer interruptions.
Long term working from home arrangements will be considered on a case-by-case basis. Working from home is not a solution for dependent care as a long term arrangement. Unless the need to purchase additional items/equipment is required to specifically meet reasonable adjustment requirements, arrangements are to be cost neutral.
Additional information is contained in the Working From Home Guidelines located on the Intranet.
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5.6 Short-Term Absences for Family and Other Responsibilities
Employees with family and community service responsibilities form an increasing proportion of the
NSW Public Sector workforce. These responsibilities mean that employees will need to be absent from work on either a planned or unforeseen basis in order to meet a family and community service demand. Options that exist for such absences include recreation leave, family and community service (FACS) leave, leave without pay and the use of sick leave for direct caring responsibilities.
You should refer to Sections 7.3 and 7.5 of this handbook which set out entitlements and conditions relating to FACS leave and the use of sick leave as Personal Carers' Leave.
5.7 Pre-Purchased leave
Pre-purchased leave or the “48/52 scheme” enables staff members to pre-purchase up to four weeks additional leave per year. To pre-purchase four weeks additional paid leave the staff member enters into a twelve month salary packaging agreement that reduces their salary to 92.31 per cent of their normal pay. This arrangement can also be entered into on a pro rata basis eg the purchase of one week of extra leave over a quarter. The Pre-Purchased Leave Guidelines set out the procedures and requirements surrounding this arrangement
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6. PAY PROCEDURES, ALLOWANCES AND SALARY PACKAGING
6.1 Payment of Salary
You are paid on a fortnightly basis every second Thursday in arrears from Fridays to Thursdays and your pay is automatically deposited into your nominated bank account.
Each fortnight your pay slip is available to be printed/viewed on KIOSK. In the event that you are going to take an extended period of leave you should contact the Consultant in the Payroll Team to arrange for your payslip to be sent to your home or contact address.
Payroll adjustments close at 5.00 pm on the Friday before payday. It is important to consider this when requesting deductions (such as union fees, medical insurance, etc) to be made from your salary, and when submitting overtime/penalty adjustments or when you have changed nominated bank accounts.
6.2 Miscellaneous Deductions
Miscellaneous deductions are regular deductions, other than tax, that are made at an staff member's request eg superannuation, union fees, private health insurance, etc.
Any inquiries should be made in the first instance to the organisations concerned. They will usually supply you with an authorisation form to complete and submit to the POD to begin making the deductions. (Some general forms are available in the POD area and on the Intranet)
You must notify the Payroll Section in writing, either by e-mail or mail regarding any new deductions and any changes to deductions.
6.3 Superannuation
All staff members are eligible to join the First State Super Scheme (FSS). People and Organisational
Development Division (POD) can supply you with an information pamphlet supplied by the State
Superannuation Board about the scheme and an application for membership.
Legal Aid NSW pays the Superannuation Guarantee Levy (currently 9.25% of your gross salary) to
First State Super or a complying fund of your choice regardless of whether you contribute.
Additional, contributions by staff members are voluntary and you can nominate to make post tax contributions or pre tax contributions.
The option of making additional superannuation contributions in gross or pre tax dollars is classified as Salary Sacrifice. If you are interested in salary sacrifice please seek independent financial advice and then contact Payroll on 9219 5951 for more information or refer to the Salary Sacrifice for
Superannuation Guidelines.
Further inquiries about the FSS scheme can be obtained from Customer Service, First State Super
Scheme on 1300 650 873 or website www.firststatesuper.nsw.gov.au
. Information on previous
NSW Public Sector superannuation schemes can be obtained from the State Super website www.statesuper.nsw.gov.au
or by telephoning Customer Service for:
State Super Scheme (SSS) on 1300 130 096; or
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State Authorities Super Scheme (SASS) on 1300 130 095
The SASS scheme applies to staff members who joined the public sector in 1986 to 1992 and the SSS applies to staff members who joined the public sector prior to 1986.
6.4 Change of Personal Details
If you alter personal or pay details (eg change of address, name or bank account) you can update your details using ESS Kiosk or advise the Payroll Section in writing or by e-mail.
6.5 Travelling and Meal Allowances
You may be required to undertake travel as part of your position in Legal Aid NSW. The Travel
Guidelines provide detailed information on domestic and overseas travel, travel by commercial modes of transport, as well as use of private vehicles.
You must have prior approval from your Senior Solicitor or Branch Head before undertaking travel for official purposes.
6.6 Overtime, Overtime Meal Allowances and Excess Travelling Time
Overtime is time worked outside a staff member’s ordinary hours of duty if working standard hours or outside the flexitime bandwidth if working under a flexible working hours scheme. Approval must be granted by your supervisor or manager prior to the commencement of overtime.
Payment for approved overtime is added to your normal fortnightly salary following the submission of a claim for payment to the Payroll Section by your supervisor. Overtime claim forms are available on the intranet. There is also the facility to apply for overtime via ESS Kiosk.
Alternatively, you may wish to apply for leave in lieu of overtime, in which case you should complete the relevant Leave in Lieu of Overtime form.
Overtime rates are set by the Crown Employees (Public Service Conditions of Employment) Award
2006 and are as follows:
Weekdays (Monday to Friday inclusive) - at the rate of time and one-half for the first two hours and at the rate of double time thereafter;
Saturdays - at the rate of time and one-half for the first two hours and at the rate of double time thereafter;
Sundays - all overtime worked on a Sunday at the rate of double time;
Public Holidays - all overtime worked on a public holiday at the rate of double time and one half.
Leave in Lieu is calculated at the same rates as above.
From time to time, your working hours may qualify you for a meal allowance. You should check with your supervisor to see if you should put in a claim when completing your overtime form and is paid each fortnight with the payment of overtime.
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When a staff member is required to travel to a different location to undertake approved overtime they are entitled for excess travelling time for the time spent undertaking this journey. Should you be required to travel to a different location to undertake approved overtime, you should complete an Excess Travel Time claim form for the time spent travelling.
6.7 Community Language Allowance Scheme (CLAS)
Staff who are fluent in a language other than English and who are called upon to use their bilingual skills in providing service to non-English speaking members of the public may be eligible for payment of a Community Language Allowance.
CLAS recipients must have NAATI accreditation at the interpreter level or must pass an examination conducted by the Community Relations Commission for a Multicultural NSW (CRC). The CRC conducts examinations annually – usually in the second half of the year.
If you are interested in nominating, you should contact your Business Partner in POD or refer to the
CLAS Guidelines on the intranet. Your nomination must be supported by your manager to concur that your bilingual skills are essential to service delivery requirements of Legal Aid NSW.
6.8 First Aid Allowance
A First Aid Allowance is payable to members of staff who hold a current St John’s Ambulance Senior
First Aid Certificate (or equivalent) and who have been nominated to be on call to administer first aid in the workplace. First aiders are required to renew their first aid certificates every three years and the organisation meets the cost of this exercise.
A list of first aid officers and back-up first aiders is displayed on each floor of head office and in each regional office and on the Intranet.
6.9 Above Level Allowance
A staff member who is requested to act in a higher graded position for five or more consecutive working days may be eligible for payment of a Above Level Allowance (ALA). The higher graded role must be vacant due to resignation, promotion, transfer, temporary appointment or leave of the normal occupant and the allowance payable is subject to satisfactory performance of all or part of the duties. If there is any absence exceeding five consecutive working days during the period of relief, the allowance shall not be paid for the period of leave.
Claims for ALA should be initiated by supervisors as soon as possible after the period of relief is completed or on a fortnightly or monthly basis where the relief is for an extended period. Claims for ALA must be approved by your Branch Head, Senior Solicitor, Solicitor in Charge or Executive
Director prior to being submitted to the Payroll Section. The ALA claim form is available on the intranet.
6.10 Young Offenders Telephone Advice Line (YOTA) Shift Allowance
Legal Officers who are rostered to work on the Young Offenders Advice Line will be paid at the rate applicable to the shift they work. These rates are linked to the Crown Employees Legal Officers
Grade III, 3 rd
year rate and are subject to change in line with Award increases.
The normal payroll deadlines of Friday after pay day for payment in the next week apply for YOTA
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Allowance. YOTA Allowance claim forms are available on the Intranet.
6.11 Salary Packaging for Novated Leases on Motor Vehicles
Legal Aid NSW has engaged Maxxia and nlc to administer motor vehicle salary packaging arrangements. Staff members are able to package a vehicle on a Novated lease in their salary.
All staff members are encouraged to seek independent financial advice before entering into any salary packaging arrangement. Salary packaging of Novated motor vehicle leases are administered and managed by Maxxia and nlc. People and Organisational Development are not able to provide any advice or guidance so all enquiries should be directed to either Maxxia or nlc. Application forms/agreement documentation is also attached on their websites which are http://www.maxxia.com.au/ or http://www.nlc.com.au
. For further information contact either supplier (Maxxia) 1800 064 086 or nlc on 1800 643 044.
6.12 Pre-Purchased Leave
See details at Section 5.7 of this document or refer directly to the Pre-Purchased Leave Guidelines.
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7. LEAVE
7.1 General Information
All Legal Aid NSW staff must apply for leave for each occasion they take time off. Applications for leave must be submitted through ESS Kiosk with the exception of parental leave, study leave/time and special leave. These forms of leave should be applied for using a hard copy leave application or the Commission’s Application for Maternity Leave. These forms are available on the intranet.
Applications for planned leave must be forwarded to your supervisor at least two weeks prior to commencing leave.
7.2 Recreation Leave
Ongoing and temporary staff who are employed for a period of more than three months accrue recreation leave at the rate of four weeks per year or 1.66 days per month. Part time staff accrue recreation leave on a pro rata basis. The minimum amount of leave which may be taken is 1/4 day.
The acceptable level of recreation leave which can be accrued is up to 30 days and staff members must not accrue recreation leave in excess of the prescribed maximum without the specific permission of their manager and Director. Approval may be given to conserve accrued recreation leave beyond 30 days in exceptional circumstances. To make application to conserve excess recreation leave, you must complete an application form which is available on the Intranet.
Temporary employees employed for periods of less than three months are paid a gratuity on termination in lieu of recreation leave. Casual employees have a loading on their hourly rate instead of accruing leave.
To assist in planning work programs and to ensure staff do not suffer from burnout, all staff are required to take at least two consecutive weeks of recreation leave every twelve months. Your request for leave will be considered in relation to other staff members' requests and the needs of the section. You will need to discuss your holiday plans well in advance with your supervisor, particularly if you wish to take leave during school holidays or peak service delivery times.
Annual Leave Loading
An annual leave loading, equivalent to 17.5% of four weeks salary, is payable to every staff member on the first occasion on which recreation leave of at least two consecutive weeks is taken, after 1
December in any year. The loading will apply only to leave accrued in the year ending on the preceding 30 November, i.e. you will not be eligible for leave loading in your first year of service.
7.3 Sick Leave
Sick leave is paid leave for ongoing and temporary employees who are unable to work because of illness. If you are unable to come to work due to illness, you must notify your supervisor, giving the likely length of their absence, prior to 9.30 am on that day.
Full time employees are granted 15 working days sick leave annually which accrues evenly throughout the year. Any sick leave which is not taken accumulates. Part time staff are granted sick leave on a pro rata basis. During the first three months of service no more than 5 days sick leave may be taken unless satisfactory medical certificates are produced.
On your return to work you must update ESS Kiosk with your leave application. Wherever possible medical certificates covering absences on sick leave should be provided. A medical certificate is
P a g e | 38 required for all absences on sick leave that:
exceed 2 consecutive working days; or
are taken on a strike day; or
are taken consecutively with a public holiday; or
are taken between the date a staff member notifies his/her intention to resign and the staff member’s last day on duty.
Staff members who take five absences unsupported by medical certificates in a period of not more than twelve months may be interviewed about their sick leave and, depending on the outcome, may be placed on a compulsory medical certificate requirement for future absences during a specific period. Additional information is contained in Legal Aid NSW Sick Leave Policy.
Casual employees and temporary staff who are employed for a period of less than three months are not entitled to sick leave.
Sick Leave to Care for a Sick Family Member (Personal Carer’s Leave)
Sick leave may be taken to provide care and support for a member of your family who is ill. To access sick leave for this purpose you need to supply evidence of the family member’s illness and your responsibility for the care of that family member (i.e. a family member is a member of your household or immediate family). The evidence should be in the form of a statutory declaration or medical certificate.
Sick leave can only be accessed as personal carer’s leave when a staff member has exhausted their family and community services leave entitlements.
7.4 Parental Leave
Parental leave includes maternity leave, adoption leave and “other parent” leave.
If you are pregnant you are entitled to maternity leave of:
up to 9 weeks prior to the expected date of birth; and
for a further period of up to 12 months after the actual date of birth.
If you are adopting a child and you will be the primary care giver you are entitled to be granted adoption leave:
for a period of up to 12 months if the child has not commenced school at the date of taking custody; or
for such period (not exceeding 12 months) as the CEO (or delegate) determines if the child has commenced school at the date of taking custody.
Special adoption is unpaid leave of up to 2 days to attend interviews or examinations for the purpose of adoption.
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Where maternity or adoption leave does not apply and subject to the CEO or delegate’s discretion
"other parent" leave is available to staff who apply for leave to look after a child or children. Other parent leave applies as follows:
short other parent leave --- an unbroken period of up to 8 weeks at the time of the birth of the child or other termination of the spouse's or partner's pregnancy or, in the case of adoption, from the date of taking custody of the child or children;
extended other parent leave --- for a period not exceeding 12 months, less any short other parental leave already taken by the staff member as provided for in paragraph (1) of this subclause. Extended other parental leave may commence at any time up to 2 years from the date of birth of the child or the taking of custody of the child.
A staff member who has completed at least 40 weeks continuous service prior to the commencement of maternity or adoption leave will be entitled to payment at the ordinary rate of pay for a period of 14 weeks. Similarly, a staff member entitled to short other parent leave is entitled to payment at the ordinary rate of pay for a period of up to 1 week, provided they have completed at least 40 weeks continuous service.
An employee who has been granted parental leave may make a request for an extension to the period of unpaid parental leave for a further period of 12 months and to return from a period of full time parental leave on a part time basis until the child reaches school age.
Further information about making application for parental leave and the associated conditions are detailed in a Parental Leave information sheet on the intranet and Clause 72 of the Crown
Employees Public Service (Conditions of Employment) Award 2009 and Legal Aid NSW Application for Maternity Leave form.
7.5 Family and Community Services Leave
Family and community service (FACS) leave is available for staff for reasons relating to family responsibilities, performance of community service or emergencies eg the illness of a relative, to arrange or attend the funeral of a relative, or where severe weather conditions prevent attendance at work.
Full time staff are eligible for up to 5 days in the first 2 years of service and one day per year after.
Part-time staff are eligible for FACS leave on a pro rata basis. FACS leave is not available to casual staff.
See also 7.3 Sick Leave in relation to provisions for Personal Carer’s Leave when FACS leave has been exhausted
7.6 Special Leave
Special leave may be granted for a variety of reasons including donation of blood, volunteer fire fighting, attendance at professional or learned society conferences, non departmental special courses, schools of instruction and graduation ceremonies, court hearings when called by the Crown to appear as a witness in a non official capacity and jury service. Such leave must be applied for using a paper leave form.
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7.7 Jury Service
All legal practitioners are ineligible to serve as jurors. Legal Aid staff involved in the processing of criminal law applications and/or the preparation of criminal law matters are also likely to be ineligible to serve as jurors. However, it is unlikely that other staff will be granted an exemption by the Court solely on the basis that they are employed at Legal Aid NSW. Please refer to the Jury Duty
Guidelines for further information.
7.8 Leave Without Pay
Staff members (with the exception of casual staff) may be granted leave without pay for extended periods at the discretion of the CEO. Staff members must make formal application in writing setting out the reasons for seeking such leave. If you are granted leave without pay you may retain recreation or extended leave credits during such leave.
The effect of full time leave without pay on the payment of superannuation contributions and on the final benefit payable by the scheme will depend on the circumstances of the individual and the arrangements that apply to the particular fund. For example, contributors to the State
Superannuation Scheme who are granted leave without pay in excess of six months will be required to meet their own contributions as well as the employer’s liability.
Employees should check these details with their superannuation fund and make any necessary arrangements prior to the commencement of leave. Members of State Super funds can obtain free advice from First State Super's Advisory Service on 9238 5666, or 1800 451112 for callers outside the Sydney local tariff zone.
7.9 Extended Leave
Full time employees who complete seven years of service are entitled to 30.8 working days of extended leave. Full time employees who complete 10 years service are entitled to 44 working days extended leave. Thereafter leave accrues at the rate of 11 days for each completed year of service
(or for a proportion thereof). Part time and casual staff accrue extended leave on a pro rata basis.
Extended leave can be taken as full pay, half pay or double pay.
A person who has completed five years service as an adult and resigns on account of illness, incapacity or domestic or other pressing necessity may be entitled to five years service of 22 days leave on full pay and for service after five years to a proportionate amount of leave.
7.10 Study time leave
See details at Section 2.7 of this handbook - Study Assistance Scheme or the Study Time Leave and
Further Education Fees Assistance Program (FEFAP) Guidelines
7.11 Military Leave
Military leave may be granted to a staff member who is a part time member of the Defence Forces.
Military leave is granted on full pay to undertake compulsory annual training and to attend schools, classes or courses of instruction conducted by the staff member’s unit.
Up to 24 working days military leave per year may be granted to members of the Naval and Military
Reserves and up to 28 working days per year to members of the Air Force Reserve.
Applications for military leave must be accompanied by a certificate signed by the commanding
P a g e | 41 officer or other responsible officer certifying the necessity for attendance. A certificate of attendance signed by the commanding officer or other responsible officer must also be provided on return to duty.
7.12 Observance of Religious Duties and Holy Days
Legal Aid NSW is committed to valuing the cultural diversity of the Public Sector, and to accommodating the needs of staff members to observe religious duties and cultural obligations while at work through access to leave entitlements and flexible working arrangements. Managers and supervisors are expected to act sensitively and responsibly in assisting employees to meet their religious and cultural obligations.
An employee of any religious faith or cultural or ethnic background who seeks leave for the purpose of observing essential religious duties or cultural obligations may, in order to do so, be granted recreation or extended leave to credit, flex leave or leave without pay provided the employee has given adequate notice of the need for leave and it is operationally convenient for them to be released from duty.
Refer to the Premier's Department Circular on Observing Religious Days for dates which are updated annually.
7.13 Pre-Purchased Leave
See details at Section 5.7 of this document or refer directly to the Pre-Purchased Leave Policy and
Guidelines.
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8. WORKPLACE HEALTH AND SAFETY (WHS)
8.1 General Information
In accordance with WHS legislation, Legal Aid NSW has in place a WHS Policy which outlines responsibilities for all groups of employees from the CEO to individuals. This is complemented by an active Health and Safety Committee, which meets regularly to discuss WHS matters. All relevant information such as the committee membership and WHS related documents can be found on the
WHS Intranet page .
8.2 No Smoking Policy
Smoking is totally prohibited in all indoor locations, including staff areas, and all Legal Aid offices.
Staff wishing to smoke during normal work breaks must do so outside the building. Normal disciplinary and counselling procedures will apply to staff in breach of this policy.
Members of the general public will also be required to observe the total smoke free requirement, and should be requested to extinguish cigarettes.
8.3 Accidents at Work, Register of Injuries and Worker’s Compensation
All injuries at work, whether they involve staff members or the public, should be reported to your supervisor or senior staff member in charge at the time and recorded in the Register of Injuries book which is located with the First Aid Kit on each level in Head Office and in each Regional Office. If the injury requires medical advice, this should be sought immediately.
The register is to be completed for all incidents/injuries sustained by employees that occur either at the workplace, on the way to/from the workplace or at other locations in the course of duty
including those that will not necessarily result in the lodgement of a worker’s compensation claim, i.e. the employee does not need to take leave due to the injury, seek medical attention or claim for medical/pharmaceutical expenses.
The purpose of the register is to serve as a documented notification of the injury in the event that in the near or distant future a worker’s compensation claim needs to be lodged. It is also important to identify risks/hazards and injuries in order to monitor and implement injury prevention strategies.
The completed 'white copy' in the register is to be forwarded to the Consultant, Compensation and
Injury Management in the POD within 48 hours of the incident. This copy is then registered and attached to the employee’s personal file and, in the event of serious accidents, provided to
WorkCover and the insurer in accordance with worker’s compensation legislation.
Claims for worker’s compensation are to be reported to the Consultant, Compensation and Injury
Management and are to be lodged on a separate form. Workers Compensation injury notification forms and claims need to be lodged with the insurer within 48 hours of the incident. The worker’s compensation claim form should be accompanied by a WorkCover medical certificate and other relevant documents (eg statement from a witness) and should be forwarded to either your supervisor or the Consultant, Compensation and Injury Management who will refer the matter to the worker’s compensation insurer for Legal Aid NSW.
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Procedures for Notification of Injury or Incident
Report Incident or Injury to Supervisor/Manager Immediately after Occurrence
Claiming Worker’s Compensation
Not Claiming Worker’s
Compensation
Obtain First Aid or Medical Attention
(if appropriate – see First Aid
Procedures Below)
Complete Register of Injuries and
Treatment
Obtain First Aid or Medical Attention
(if appropriate – see First Aid
Procedures Below)Complete Register of Injuries and Treatment
Supervisor to advise and send completed white copy of Register of
Injuries and Treatment to HR to register the form with Allianz and/or
WorkCover, as appropriate.
Supervisor to advise and send completed white copy of Register of
Injuries and Treatment to HR to register the form with Allianz and/or
WorkCover, as appropriate.
Injured worker to complete worker’s compensation claim and provide WorkCover
Medical Certificate from their own treating medical practitioner. Leave forms are also to be completed and submitted for injury related leave arising as a result of the accident.
First aid or medical assistance should be sought immediately if necessary.
8.4 First Aid
If you become ill or sustain an injury at work requiring first aid, you should contact your supervisor or relevant first aid officer. A list of trained and qualified first aid officers and back-up first aiders is displayed on each floor of head office and in each regional office. This list is also available on the intranet through the Staff Telephone List by selecting Group and then First Aider. These first aiders
P a g e | 44 have access to first aid kits in the areas for which they are responsible.
There is also a First Aid Room located on the ground floor of the head office building. Should you require this room either for yourself or a colleague, contact the occupational first aider or first aid officer for the Ground Floor for access to the room. However, first aid personnel will place an emphasis on immediate assistance only and will assist you to seek further medical support from a medical centre or hospital. The First Aid Room is only for emergencies and if you are feeling unwell
(not in the event of an emergency) you should go to a medical centre or home rather than the First
Aid Room.
First Aid Flowchart
Where practicable, the injured staff member should alert their supervisor and the relevant Senior
First Aid Officer for their floor or regional office of the accident/injury. Where this is not practical, another staff member should alert the injured staff member’s supervisor and the relevant Senior First Aid Officer. In the event that the specific Senior First Aid Officer is not available the assistance of another appropriately trained designated First Aider should be sought.
Trained First Aid Officer attends to the
Injured Person.
The supervisor or other staff member alerts management.
The Trained First Aid Officer notifies and co-ordinates ambulance or medical assistance.
The Trained First Aid Officer ensures that an Injury Notification form is completed and provides a copy to:
the injured staff member or person;
accompany the injured staff member or person if they are referred to a
hospital or medical service; a copy to the POD.
The supervisor manages staff members within the vicinity of the accident.
The supervisor contacts the People and Organisational Development
Division on 9219 5954 in the event of a serious accident and arranges for
WorkCover to be notified
P a g e | 45
8.5 Reporting Unsafe Incidents
The POD, Operational Support Services and the Occupational Health and Safety Committee have developed comprehensive policy and procedures for preventing and managing workplace violence and aggressive behaviour and is available on the Intranet.
The Incident Report Form for reporting incidents as prescribed in these procedures is also available on the Intranet. Once completed this form should be forwarded to your manager or supervisor for comment or action and a copy should then be provided to the POD and the Operational Support
Services.
It is important that these procedures set out in the attached documentation are followed as they become part of the preventative strategies and risk assessment and enable the minimisation of workplace violence and aggressive behaviour.
8.6 Rehabilitation/Return to Work
If you are off work for an extended period of time due to a work related injury, Legal Aid NSW will assist your return to work by following the rehabilitation guidelines set down by HealthQuest and/or by an external rehabilitation provider. This will usually mean that you will keep in regular communication with your supervisor and a staff member within the POD who will work with you, your doctor and other relevant parties to devise a partial or full return to work as soon as possible.
Additional information on worker’s compensation, injury management and rehabilitation is set out in the Workers Compensation and Injury Management Policy.
8.7 Emergency Evacuation Procedures
The procedures to be followed in the event of a fire or bomb threat are detailed in Legal Aid NSW
Emergency Evacuation Procedures which are posted separately on the Induction intranet page.
8.8 Transport After Dark
In the event that you are required to work after 8.00 pm, you should ask your manager or supervisor to provide a cabcharge voucher to cover your taxi fare home.
P a g e | 46
9. SECURITY PROCEDURES
9.1 Security Passes
The Operational Support Services is notified of the entry on duty of all new staff and issues them with a security pass to enter the various offices within the building. If you have not been issued with a security pass please contact your supervisor or the Operational Support Services on 9219
5993.
Your security pass must be handed in to the Operational Support Services or your supervisor on your last day of employment.
If you require keys to an office, or an after hours access pass for head office, you should seek approval from your relevant Branch Head at head office and then provide the approval to
Operational Support Services so that the relevant passes can be issued.
In the regional offices, the Senior Solicitor or Solicitor in Charge will approve the after hours access and the Office Manager will arrange for a pass to the premises.
9.2 Head Office Building
There are two security systems in the building one is provided by the building management, and the other is provided by Legal Aid NSW by way of a proximity card, which is available through
Operational Support Services.
The main doors for the Head Office Building are locked before 7.00 am and after 6.00 pm and the lifts are locked before 7.00 am and after 6.00 pm. The building and lifts are not open on weekends.
You will require special after hours access pass if you need to enter the building outside of these times.
9.3 Regional Office Buildings
Regional Offices have local arrangements in terms of security for the building. However, the office is open to the public between the hours of 9.00 am and 5.00 pm weekdays.
Varying access arrangements operate in different offices and your supervisor will advise you of the arrangements for your office. However, it is important to know that the alarms for the office are automatically activated at 10pm and arrangements need to be made with the office manager if you need to work after 10pm or weekends.
9.4 Duress Alarms
All our public contact areas have duress alarms. The duress button is located under the desk at reception and in interview rooms.
There are separate sheets available on the operating procedures for duress alarms at head office and in the regional offices.
9.5 Loss or damage of personal items at the workplace
From time to time, despite our high level of security we have had thefts of personal items at the work place. Unfortunately, neither Legal Aid nor the insurer is liable for staff member’s personal
P a g e | 47 property if it is lost or damaged. Therefore staff members should exercise all reasonable caution to protect their personal property while Legal Aid NSW will provide a secure working environment.
All staff should have access to a lockable container whether a locker, drawer or filing cabinet to secure personal items of value. Should you need a locker or need a lock fixed or have mislaid a key contact Operational Support Services on 9219 5967 for assistance. Alternatively, discuss your security needs with your supervisor to help find a remedy.
Please note that if you are using personal equipment for work purposes you must obtain the approval of your supervisor.
9.6 Additional Information re Security and Emergency Procedures
(The Emergency Evacuation Procedures are posted separately on the Induction webpage)
THE LEGAL AID NSW EMERGENCY PHONE NUMBER IN HEAD OFFICE IS 9219 5800.
PLEASE CONTACT US ON THIS NUMBER IF IN DOUBT ABOUT HEAD OFFICE BUILDING EMERGENCIES.
If you require any further information about the Security, Safety or emergency procedures or have any suggestions, please contact Ms June Woolcott on 9219 5800 or june.woolcott@legalaid.nsw.gov.au, or Ms Karen Lewis on 9219 5803 or e-mail karen.lewis@legalaid.nsw.gov.au
P a g e | 48
10. EMPLOYEE ASSISTANCE PROGRAMME
Legal Aid NSW engages a private accredited organisation to provide an Employee Assistance
Program (EAP). The EAP is a free and confidential counselling service available to all staff members and their family members. The counselling is not specifically for work-related problems but is available for staff members who have any type of problem that they may wish to speak with a counsellor about.
The EAP allows staff members, and their family members, to access the services through a broad network of trained psychologists and counsellors across the state. Staff members (or their family members) may choose to speak to a counsellor over the telephone or arrange to meet with a counsellor.
All information remains confidential and Legal Aid is not advised of who has accessed the EAP. Legal
Aid NSW merely pays an annual fee for the service and receives feedback on the number of staff members (or family members of staff) who have used the service. This counselling is not designed to be ongoing and, as a general rule, staff members will be offered three counselling sessions. If any further assistance is required, the counsellor will suggest a referral to another professional.
Legal Aid NSW current EAP provider is OPTUM. Staff members or their family members who wish to access counselling through the EAP should contact OPTUM on 1300 366 789. Additional information is available on the intranet.
11. EMPLOYEES’ BENEVOLENT FUND
The Employees’ Benevolent Fund was set up under a trust deed in 1999 to assist employees suffering stress during times of financial crisis. The fund’s trustees include June Woolcott, Richard
Funston and Anna Boldiston. Several people are assisted each year and recent applications have included help in times of serious illness, emergency travel, and rent assistance.
The fund’s income depends entirely on voluntary donations from members of staff. Money can either be given as a gift, contribution or slow loan. Most staff members elect to make a small but regular donation from their salary. The minimum donation is $2.00 per pay.
If you are interested in contributing to the fund, further information and an application form is available on the intranet.
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12. POLICIES AND GUIDELINES
12.1 Use of E-mail and Internet Policy and Procedures
Legal Aid NSW supports the wide use of information technology to improve the efficiency of its operations and the delivery of services to the community. This has led to all staff being provided with access to electronic mail (e-mail) and the Internet as work tools needed in the performance of their duties. Staff members are encouraged to use e-mail and the Internet in order to further our
"Commitment to the Community". The use of e-mail is also encouraged to share information, to improve communication and to exchange ideas across the organisation.
Our Code of Conduct makes it clear that all staff have a responsibility to be ethical and efficient in their official or private use of public resources. This includes the responsible use of e-mail and the
Internet. The IT Security Policy and the Internet and Email Acceptable Use Policy have been developed to provide further guidance.
Each time you logon to your computer a dialogue box will appear with the following message:
All people using the Legal Aid NSW network are bound by the IT Security Policy and the Internet and
Email Acceptable Use Policy. It is a requirement of the Security Policy that your password is known only to yourself and that you must not divulge it to any other person. Using LAC computer resources to seek out, access, or send any material of offensive, obscene, pornographic, threatening, abusive
or defamatory nature is prohibited and may result in disciplinary action.
Before proceeding further you will be asked to confirm that you understand and agree to abide by
the LANSW policies. It is therefore important that you access and develop and understanding of the abovementioned policies.
12.2 Resolving Grievances and Disputes Guidelines
Legal Aid NSW has procedures for addressing grievances and disputes. The policy and procedures have been developed in accordance with the Industrial Relations Act 1996, the Crown Employees
(Public Service Conditions of Employment) Award 2009 and the provisions of the NSW Public Service
Personnel Handbook.
A grievance is:
a work related problem about matters such as work allocation, appointment, transfer issues, job design, training and development opportunities, safety concerns, interpersonal conflicts or performance management issues, or
a matter of alleged discrimination, or harassment, or victimisation based on sex (including pregnancy), race, colour, ethnic or ethno-religious background, mental status, disability
(including HIV or AIDS), homosexuality, age or transgender under the meaning of the Anti
Discrimination Act 1977, as amended, or
a work based incident of harassment or bullying.
A dispute is a clear statement by members of staff on a question, or a disagreement or difficulty concerning the interpretation, application or operation of an award or agreement.
The Resolving Grievances and Disputes Policy and Guidelines is intended to help members of staff
P a g e | 50 to raise concerns and to ensure that they are considered appropriately. It is not intended to replace the role of supervisors. They are responsible for responding to expressed concerns and resolving difficulties in the workplace wherever possible. It is important that grievances and disputes are resolved as quickly as possible and as close as practicable to the source.
The policy does not exclude members of staff from accessing other processes or forums when seeking to resolve a grievance.
12.3 Harassment Free Workplace Policy
Legal Aid NSW is committed to maintaining workplaces that are free from all forms of harassment and expects its employees to treat each other and their clients with respect and sensitivity. This principle is embedded in Legal Aid NSW Code of Conduct for all employees and in the overarching legislative framework provided by the Anti-Discrimination Act 1977.
Harassment is unwelcome or unreciprocated behaviour that could make an employee or client feel intimidated, offended, belittled, or apprehensive in the workplace. It can take place between:
An employee and a manager or supervisor; or
co-workers; or
an employee and another person in the workplace, for example a client, or a contractor including a private practitioner.
Harassment includes, but is not limited to:
physical contact, or invitations;
persistent following (stalking);
persistent verbal abuse or threats;
derogatory or dismissive comments about the personal characteristics of the person or the group to which they belong;
gestures that are insulting or belittle a person or the group to which they belong;
leering or ogling;
circulating or displaying written or pictorial material that is offensive or belittling;
persistently disrupting an individual’s work, or interfering with personal property; or
jokes at the expense of a person or the group to which they belong.
The Harassment Free Workplace Policy applies to all staff members and details actions that can be taken if you are experiencing harassment.
12.4 Bullying in the Workplace
All staff members have the right to be treated with respect and dignity at work and Legal Aid NSW is committed to providing a working environment that is free from bullying, where positive working relationships and high standards of behaviour between staff are valued and encouraged.
Workplace bullying is considered to be unacceptable and will not be tolerated under any circumstances. The Policy on Preventing Bullying in the Workplace provides examples of bullying, our responsibilities as employees and the steps to be followed should you be bullied or witness bullying taking place.
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12.5 Policies Available on the Intranet
Please review policies and procedure manuals on the intranet under individual divisional and practice home pages.
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13. LEAVING LEGAL AID NSW
13.1 General Information
When you leave make sure that you return:
all material to the Library;
dictation equipment, keys, security passes etc to Operational Support Services;
all software, hardware, mobile phones etc to IT;
any travel advance monies owing to Finance;
your last two flex sheets to POD via your supervisor.
To ensure that the above equipment has been returned prior to leaving the Commission, you must complete the relevant Cessation Clearance Form and provide it your supervisor for signature prior to it being forwarded to People and Organisational Development Division. There is a form for staff members employed in head office and another form for staff members employed in regional offices.
13.2 Resignation or Retirement
When you give notice you should either complete the Resignation or Retirement form or submit your notice of resignation or retirement in writing to your manager for endorsement before forwarding it on to Executive Director, POD. It is preferable that you give at least four weeks' notice prior to your last day on duty. You will receive a written acceptance from People and Organisational
Development. Your final pay will be paid to you in the next pay period after your last day and separate advice of your final pay will be sent to your home address.
13.3 Taking up a position in another NSW Public Sector Agency
If you are leaving to take up a position in another NSW Public Sector agency it is not necessary for you to submit your resignation. You should inform your supervisor and the POD of your success in securing a position with another agency and confirm an appropriate release date. The period of notice should not exceed 21 days. POD will generally receive a copy of your letter of offer and should be advised as soon as a release date is confirmed with your supervisor. Arrangements can then be made for the transfer of your leave balances and service history to your new employer.
13.4 Exit Interviews
When you leave, you may request an exit interview and complete an exit interview questionnaire.
The information gained from exit interviews will help Legal Aid to make improvements in work practices and conditions and help reduce the rate of natural attrition in order to lead to greater stability in the workplace. The purpose of the exit interview is to provide:
suggestions for improvement;
indicators for dissatisfaction;
indicators in relation to discrimination or harassment in the workplace, and;
directions for human resource planning;
regular report to the Peak Consultative Committee.
Participation in an exit interview is strictly voluntary and the information provided will only be used for the purposes listed above. The information provided during an exit interview will be kept in a confidential exit interview file in POD and will not be released without the consent of the staff
P a g e | 53 member. It will not be kept on the staff member’s personal file. The staff member may select their interview from:
their supervisor;
their manager;
a senior staff member from the POD; or
another senior and experienced member of staff.
The interview must be held on or before the last day of work and exit interview comments are to be treated confidentially. The Exit Interview Questionnaire is available on the intranet.
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14. WHERE TO GO FOR MORE INFORMATION
14.1 Your Manager
You should ask your manager, or peer support person, first for any information you may need. If the matter is confidential you should mention this at the time of your discussion.
14.2 People and Organisational Development Division
The People and Organisational Development Division (POD) is available to provide assistance on matters within this handbook or to direct you to the appropriate person. A contact list for the POD including a brief explanation the roles and responsibilities of these staff members is available on the intranet.
14.3 Union and Peak Consultative Committee
The union which covers all staff members within the Legal Aid NSW is the Public Service Association
(PSA). The Peak Consultative Committee (PCC) and various sub-committees are the formal forums for union and management representatives to consult on a broad range of important areas affecting the working lives of staff members.
Legal Aid NSW is committed to ensuring that PCC and sub-committee members are able to fully participate, contribute and attend scheduled meetings. It is expected that committee and subcommittee members will be supported and encouraged by line managers to fulfil the requirements of membership of these committees.
A list of Committee and sub-Committee members is available on the intranet. Similarly, minutes of the meetings and other important items of news are accessible through this site.
14.6 Verbals and What’s New
Verbals is an informative staff newsletter issued quarterly by the Publications Branch. Contributions from all staff are welcome and you should contact Miranda Jackich on 9219 5035 or by e-mail on miranda.jackich@legalaid.nsw.gov.au for further information.
In addition to information which is disseminated through Verbals, you should check the intranet regularly for news which appears under “What’s New?”
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Glossary of Terms and Acronyms
ALS
ATLAS
CARS
CASES
CCLCG
CLC
CLE
CLAS
Aboriginal Legal Service (NSW/ACT) Limited
Australasian Total Legal Aid Solution – a project to develop an integrated computer system for grants management, case management, documents and records management for all Australian states (except
Queensland) and the New Zealand Legal Services Agency
Client Assessment & Referral Section - a specialist team who assist with assessments, submissions, referrals and advice on client matters across all practice areas
Criminal Advocacy Support and Enquiry System – a case management software system
Combined Community Legal Centres Group – a CLC coordinating body
Community Legal Centres - community organisations providing legal services. See Intranet under “Directory”/ “External contacts”/Referral-
Community Legal Centres”
Community Legal Education
Continuing Professional Development (an alternative term for
Continuing Legal education)
Community Language Allowance Scheme is a Public-Sector wide scheme whereby a staff member who may be required to use their language skills (other than English) in the course of their work are tested, accredited and paid an allowance for the use of those skills.
CLS
DAP
EAP
EAPS
EEO
Children’s Legal Service
Disability Action Plan which outlines strategies to make Legal Aid NSW services accessible to people with a disability.
Employee Assistance Program – provides a one on one confidential counselling service to staff and their families as well as information about managing work and personal responsibilities.
Ethnic Affairs Priority Statement, ensuring equitable access to services for all members of the community.
Equal Employment Opportunity, ensures employment is based on merit of the individual and free from discrimination.
The system of electronic lodgement of claims e-
Lodgement
ESS
FACS
FEFAP
FOI
Employee Self Service system to access one’s own leave and pay records
(see Intranet)
Family & community service leave
Further Education Fees Assistance Program. Provides assistance with fees payable on approved work-related tertiary education.
Freedom of Information Act. Replaced by Government Information
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PODD
ICAC
ICLC
IT
LANSW
LA Office
LawDocs
LawLink
LARC
LMS
MCLE
Public Access (GIPA) Act
People and Organisational Development Division
Independent Commission Against Corruption
Inner City Local Court
Information Management & Technology, branch of Business Services
Legal Aid NSW
Legal Aid Office
Provides access to the Attorney General’s Department website and extensive information
Legal Aid Review Committees which review the granting of legal aid. See
LANSW Policy
Learning Management System
Mandatory Continuing Legal Education. All legal staff must attain a number of “points” each year through attending appropriate legal education
Merit tests relate to the provision of legal aid. See LANSW Policy
Merit
MERIT
WHS
OM
Magistrates Early Referral Into Treatment program
Work Health & Safety. The responsibility of all workers and management. See Health & Safety Committees under Committees on the Intranet
Office Manager
Panels Private legal practitioners, who wish to do legal aid work, must apply to be appointed to a panel for the relevant area of law. Panels will consist of individual private legal practitioners (including barristers who directly represent clients) who, having submitted an Expression of Interest, have been selected for appointment to the panel. See “Panels” on the
Intranet
Prisoners’ Legal Service
Solicitor in Charge.
PLS
SIC
TTY
VAS
Telephone typewriter – telephones used by those with hearing disability
Veterans’ Advocacy Service
Verbals The LANSW newsletter
WDVCAP Women's’ Domestic Violence Court Assistance Program
