Text Box: Northern Rivers Community Legal Centre

               

 

 

                                                                                               

                                        P.O. Box 212

16 Carrington St,

Lismore NSW 2480

ABN: 98 071 395 652

Legal Service

Phone 02 6621 000

Fax 02 6621 011

Tenants Advice & Advocacy Service

Phone 02 6621 1022 or 1800 649 135

Fax 02 6621 1033

Women’s Domestic Violence Court Advocacy Service

Phone 02 6621 1044 or 1300 720 606

Fax 02 6621 1055

©Northern Rivers Community Legal Centre Inc. 2011

This report is copyright. People or organisations wishing to reproduce any part of this report must obtain permission from the NRCLC Inc.  Annual Report layout and design: Murray Hand


 

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Mirrung Ngu Wanjarri Project

Funding: Department of Families, Housing, Community Services & Indigenous Affairs

Aboriginal Legal Access Program

Funding: NSW Law Society Public Purpose Fund, administered by Legal Aid NSW

Animal Law & Education Project

Volunteer project

Cooperative Legal Service Delivery Meetings

Funding: Legal Aid NSW

Generalist Legal Service & Women’s Legal Service

(including Generalist Court Support Service)

Funding: Federal Attorney-General’s Department, administered by Legal Aid NSW

Family Relationships Centre Partnership

Funding: Federal Attorney-General’s Department

Tweed Valley Outreach

Funding: NSW Law Society Public Purpose Fund, administered by Legal Aid NSW

Tenants Advice & Advocacy Service

Funding: NSW Fair Trading

Women’s Domestic Violence Court Advocacy Service

Funding: Legal Aid NSW

Yoogumbere

Funding: Department of Premier and Cabinet


 

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Committee of Management

Chairperson

Natalie Meyer/Margo Rutledge

Secretary

Angela Pollard

Treasurer

Jason Addison

Public Officer

Ron Bryant/Maureen McDermott

Indigenous Representative

Wendy Riley

Legal Service Representative

Janet McCormack/Philip Wykeham

Tenant’s Advice & Advocacy Service

Inke Loos/Natalie Meyer

Women’s Domestic Violence Court Advocacy Service

Margo Rutledge/Sally Robinson

Staff Representatives

(each service provides a staff representative for each committee of management meeting)

 

 

 

 

Staff

Mirrung Ngu Wanjarri

Nancy Walke

Centre Manager

Angela Pollard

Centre Bookkeeper

Darlene Cook

Legal Service

Cathy Kerr, KarIn Ness, Murray Hand, Bridget Barker, Greta Hunter, Katja McPherson,  Niluka Jayasinghe, Richard Hughes, Fia Norton, Kimbah Pengelly

Tenant’s Advice and Advocacy Service

Maralyn Schofield, Deirdre Dowsett, Amanda Elgazzar, Jenny Walton – Smith, Mary Flowers

Women’s Domestic Violence Court Advocacy Service

 Lilian, Sally, Marguerita, Rachel, Kim, Margaret, Gina, Kasandra, Rose, Deb, Julia, Meaghan, Rebecca

Aboriginal Legal Access Program

 Cathy Kerr, Bridget Barker, Kasandra Dargan, Gina Roberts, Nancy Walke

 

 

 

 

 

 

Text Box:  This year has brought more than the usual amount of change for the Northern Rivers Community Legal Centre (NRCLC). Change comes with opportunities and losses.

Some of our staff have left

Our biggest loss this year was the resignation of Cathy Kerr who headed up the Legal Service team for the last seven years and for a further six years prior to that as our Women’s Outreach Solicitor. Whilst we wish Cathy well in her new position her dedication, knowledge and compassion are greatly missed.

We shall also miss Lilian Gomez who has resigned as coordinator of the Domestic Violence Advocacy Service (DVCAS) team. We are most grateful for her contributions to NRCLC and commitment to making the Northern Rivers a safer place for women. Marguerite Patrick from the DVCAS team has also left after nine years service and we will miss her reassuring presence at the Ballina/Byron Courts.

Restructure

We had three senior management positions vacant towards the end of the year. This created an opportunity to restructure the organisation with the least possible disruption to staff.

The restructure involved the creation of a principal solicitor position, responsible for overseeing all the legal advice given across all the programs at NRCLC. This enhances the professional standing of the organisation and supports the service coordinators in the more onerous aspects of their jobs. We are very pleased that Ken Beilby, who has previous experience working with NRCLC, has accepted the position.

A new coordinator position has been created for the Legal Service and we welcome Bridget Barker who has a wealth of knowledge of NRCLC to this position.

With the Centre now managing in excess of $M1.5 a year it has become apparent that the role of bookkeeper needed to be upgraded to finance manager. This has enabled the creation of a bookkeeper/administration position to assist the Centre and Finance Managers.

The restructure has required adjustments in all the services and senior positions within NRCLC. The committee of management is very grateful to all staff of NRCLC in their support for the restructure.

The Strategic Plan

Goal 1 - To further the community development work undertaken by NRCLC.

Excellent community development has been carried out by all teams at the centre but I would particularly like to thanks Karin Ness from the Legal Service who has conducted some exemplary community development projects throughout the year. Of particular note was the involvement of young people in the production of the DVD “Stand Up For Your Rights”, concerning youth and employment rights, which was launched in April.

Nancy Walke’s women’s circles and girl’s camps are further examples of the excellent work the centre is involved in to create positive change in the lives of our target groups.

At our Committee of Management (COM) meetings during the year I am continually surprised and pleased at the breadth and depth of connections our community development projects promote in the region.

Goal 2 - To enhance viability, capacity and effectiveness of our service delivery

We have had some concerns that our capacity to deliver on this goal would be diminished. It has been an anxious wait however in the final day of the 2010/2011 financial year we have had word of another three years’ funding for the Tweed Outreach Service and the Aboriginal Legal Access Program. These projects contribute significantly to our effectiveness in the region. We have also received funding of $50,000pa for the Yugumbirr project over 2 years and were refunded for the Legal Service Women’s Outreach at $25,000 pa. We received one off funding to implement changes to tenancy law and an extra $5,000 to run the CLSD CALD Employment Rights project. Other good news was the commitment to refunding of the trial Family Law project partnership between the Family Relationship Centre and NRCLC.

Also of concern has been the lack of commitment on the part of State and Federal Governments to the outcome of the pay equity case. Although it has been determined that the sector is seriously underpaid, funding bodies have been reluctant so far to recognise this by increasing the wages component of the funding we receive. Low wages makes attracting good staff difficult and has significantly contributed to the high staff turnover during the past year.

Goal 3 - Enhance and support best workplace practice

Training for staff and the COM is one of the strategies to support workplace practice. As well as individual training for staff there have been a number of opportunities for whole of centre training. COM and staff participated in excellent governance training in March and a strategic planning day was conducted in May. An anonymous bullying and harassment survey was conducted in April followed by Conflict Resolution training in July.

A number of policies have been reviewed during the past year including the Delegations Policy which has been upgraded to reflect the changing organisation; and the Recruitment Policy was reviewed resulting in an Aboriginal Employment Strategy being developed to foster better recruitment and retention of Aboriginal staff.

We have also managed to recruit new COM members with excellent knowledge of the community sector including disability, Indigenous issues, community development, training and finance.

Goal 4- To enhance organisational capacity through a whole of centre approach

At the NRCLC planning day in May a new goal was added to our 5 year strategic plan. This new goal is very timely and is seen as a way to strengthen image the organisation and its services in the community; to find out from clients and service providers how we are best able to service the community; and to enhance teamwork across the whole of the centre by creating a community development team. We are commencing work on this goal in the next financial year.

Thank you

I would like to thank all the staff at NRCLC for their excellent work during the year. The centre has an excellent reputation in the community and across the sector and this would not be possible without the dedication and skill of all staff.

Volunteers also play an important part in service delivery for the centre. They extend the services we make available to the community and provide an excellent pool of talent from which to select new staff.

Finally I would like to thank my fellow COM members who give freely of their time and expertise to ensure that the NRCLC functions as a safe and viable organisation.

 

Margo Rutledge

Chairperson

 

 

 

 

 

Text Box: CENTRE MANAGEROne of the perks of the job is that I read everyone else’s annual reports before I put my fingers to the keyboard. Reading our fifteenth annual report, I am yet again astounded at the skill, energy and dedication of our staff and volunteers as they undertake work for our community. I have had the privilege of working at NRCLC for 15 years and it is wonderful to see that each year we continue our passion and professionalism in all that we do, despite the challenges of limited resources, low wages and an overwhelming demand for our services. 

In those 15 years, we have grown in size from one service and four workers to three services, multiple projects and now more than twenty workers. We have fulfilled many of our early promises; establishing a tenants’ advice and advocacy service, maintaining a roster of volunteer solicitors for our Evening Advice Service (a big thank you to local firms; we have never failed to fill a roster!) , running a volunteer generalist court support service, providing services to women (Mirrung Ngu Wanjarri, DVCAS and our LS women’s outreach funding), setting up outreaches, working to improve access to legal services for Aboriginal people, education projects for people with disabilities, CALD communities and young people, law reform activities for LGBTI people, and our support for environmental campaigners that led to the establishment of a Northern Rivers branch of the Environmental Defenders Office.  

As we grew, we realised that we needed a permanent presence in the fast growing Tweed region. We were this

year pleased to have the three year pilot of our Tweed Valley office extended for a further three years. This means that we can work with greater confidence, committing to long term projects and partnerships within the region.

After 15 years, we have slowly but surely worked on our governance, administration and staffing structures to provide a sturdy foundation for the services we deliver.  We have developed strong links with our communities and gained their confidence that we are totally committed to serving their legal needs and we are here for the long haul.

This year we sadly bid farewell to a number of long term workers; TAAS Coordinator, Kate Chapman who leaves us to care for her young and growing family, DVCAS Assistant Coordinator, Marguerita who resigned after taking long service leave, deciding that she needed a change in career, and Lilian, our DVCAS Regional Coordinator, who is looking forward to lots of travel now that she has retired. 

My report would not be complete without thanking  Cathy Kerr for the 13 years that she worked as our Women’ s Outreach Worker , and later as our much loved Principal Solicitor. Cathy’s absolute commitment to social justice, her strong ethical values, high order legal skills and professionalism provided a wonderful role model for all our advocates and solicitors over the years. Calm and unflappable, she was always available for assistance and support. We wish her well in her new career, but we shall miss her dreadfully.

 

Text Box: PROJECTS

 

 

Text Box: Mirrung Ngu Wanjarri 
(Aboriginal Women Making Changes)

 

 

 

 

 


Mirrung Ngu Wanjarri projects have kept Project Worker, Nancy Walke busy this year. She has worked in partnership with other Aboriginal programs as well as specific Mirrung Programs.

Mirrung Ngu Wanjarri operates Young Women Rising as a small sub program for young Aboriginal girls 13 to 18 years.   We had five camps in the past year with two in partnership with the Lismore Sistas On About Resilience group, two in partnerships with local high schools and one for young mums and bubs. All camps or overnight stays were deemed successful by the articipants and the young mums had a great time at Angourie Rainforest Retreat.

 

The book of poems by some of our girls was produced. The poems are from a self esteem exercise (see our picture insert).

Three women’s circles were held over the twelve months and two pamper days held in partnership with other community programs.  Women worked on natural fibre baskets, mosaics, mask making and emotions and sculptures of women out of Pavapol.  Some of the sculptures were displayed in an art exhibition and the mosaics were displayed in a local gallery over NAIDOC week.

Community days were attended and celebrated with handouts and information given out about family violence.

One of our highlights was a visit from David Peachy who is a Rugby League Community Ambassador for the Tackling Violence program.

The project worker and a small reference group and of course Vision 21 produced an anti violence TV Commercial called YOOGUMBEH BOOMLEH.  The ad featured Mr Harry Walker, an Aboriginal elder, several community members and we used some Bundjalung language and urged everyone to “stop the violence, to celebrate life”.  It was noticed and positively commented on by many people. 

Posters and stickers were also produced and mailed to other services.  In October 2012 posters will go on to bus shelters in Ballina, Tweed Heads and on a roadside Billboard in Woodburn. All very exciting.

Within the Yoogumbere campaign we have to produce some forum theatre and that is being written now.

We have been refunded for another year!

Nancy Walke

Mirrung Project Worker

 

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We have achieved so much in such a short time frame.

We engaged in planning discussions and decided that our energies and skills should focus on developing local animal law expertise, community engagement and networking, law reform, community education and promotion of ALEP activities. A further goal was to seek out funding sources for future projects.

In July, on behalf of ALEP, Amber Hall prepared and lodged a submission for the proposed Exhibited Animals Protections Regulations 2010.  In September we joined the RSPCA’s campaign against puppy farming, endorsing the RSPCA’s discussion paper and recommendations for a mandatory, enforceable accreditation program for the tracing and identification of all dog breeders, with compulsory minimum welfare standards for breeding. Proposals include the disclosure of a breeder number, microchip number and ABN when animals are advertised for sale.

We also wrote to congratulate Lismore City Council on becoming one of a growing number of Councils to ban the use of caged hen eggs at its functions. Subsequent contact with several councillors promoted ALEP’s activities in regards to animal protection law issues.

In October, thanks to considerable work by ALEP member Amber Hall and law academic Anne Schillmoller, we celebrated the commencement of the first ever animal law unit offered by Southern Cross University (SCU) and began networking with the newly established SCU Animal Law Club (SCUALC). We formed a community partnership with SCU to assist in the delivery of a community-focussed “Animals and the Law: The Road Ahead” Conference as part of the newly offered unit.

In November ALEP volunteers Anna Ludvik and Angela Pollard enrolled in the SCU Animal Law Unit and ALEP was successful in obtaining the pro bono assistance of Michael Bird Designs to design an ALEP logo. We also wrote to Lismore City Council to congratulate them on providing financial support to the RSPCA’s mobile cat de-sexing unit allowing for one week of subsidised de-sexing and micro-chipping of cats.

In December Anna and Angela started preparation for the upcoming national campaign to ban Live Animal Export. They met with Page MP, Janelle Saffin, who was drafting a private member’s bill to phase out live export.  Over the next few months connections were made with leading law academic on live animal export expert Dr. Malcolm Caulfield, Campaign Manager Jessica Borg at World Society for the Protection of Animals (WSPA) , and Federal President of the Meatworkers Union (AMIEU),  Grant Courtney. ALEP’s position was determined; all aspects of live export are cruel; lengthy land transport, feedlots, the inhumane conditions in the transport ships, and the often brutal slaughter methods used in the country of destination.

In January ALEP participated in the highly successful “Animals and the Law: The Road Ahead” Conference held at SCU. Over sixty members of the community attended to hear from a diverse range of speakers; from Steven White, leading animal law academic, to Mark Pearson, CEO of Animal Liberation and legal counsel for Voiceless, Animal Protection Institute, Ruth Hatten and our own Sue Higginson, solicitor at the Northern Rivers EDO and ALEP member. Many thanks to Amber who put in a tremendous amount of work in helping organise the event, including obtaining funding from Voiceless for a promotional commercial on local television.

In February we drafted a submission to Animal Health Australia opposing a move to change the current Land Transport of Livestock standards to allow bobby calves (calves up to one month old, usually destined for slaughter as they are only produced to keep dairy cows in milk) to be transported for up to 30 hours without access to liquid feed or water. Despite a massive public response of some 6,000 objections to the proposed changes, the 30 hour limit has been recommended to the relevant Minster. In March, ALEP members Lurline Dillon-Smith, Sue Higginson began preparations for our “Our Pets-Our Wildlife Living Together” Workshop. Held in April, speakers included Holly North, National Parks and Wildlife ranger and Gwen Seznec from Friends of the Koala and Northern Rivers Wildlife Carers, with Sue providing an overview of the law, with Lurline facilitating. The focus of the workshop was on highlighting the problems caused by irresponsible dog and cat owners when they allow their animals to have unrestricted access to wildlife and their habitat. The day was a success with feedback from many of the 26 participants that it would be great to run similar workshops along the North Coast.

In June Anna and Angela suddenly found themselves in the middle of a media storm when their upcoming Live Export workshop coincided with the broadcasting of the Four Corners expose of the treatment of Australian cattle exported to Indonesia. There was considerable coverage of the issue in local media with Anna and Angela giving interviews to ABC and commercial radio, local newspapers and television.

Due to the level of interest, two information sessions were held; one in Casino and one in Lismore. Both were well attended and speakers included Jessica Borg from WSPA, Grant Courtney from AMIEU, Dr. Malcolm Caulfield and Carmel Cook, representing Janelle Saffin, MP. Emotions ran high at both sessions, with some participants angry about the cruelty of live export, others upset at the loss of jobs due to the closure of domestic abattoirs and beef farmers concerned about their livelihoods.

All round, quite an amazing year of achievements for a small but passionate group of community members concerned about animal protection and the law. Just wait and see what we have planned for next year!

ALEP volunteers

Stephanie Abbott

Julia Cook

Lurline Dillon-Smith

Amber Hall

Sue Higginson

Angela Pollard

Lorraine Vass

Emily Williams

Nat Meyer

Anna Ludvik

 

 

 

 

 

 

The Northern Rivers Community Legal Centre auspices the Regional  Coordination Service of the Northern Rivers Cooperative Legal Services Delivery (NRCLSD) meetings, funded by NSW Legal Aid.

The NRCLSD operates as legal and related services interagency with the goal of improving socio-economically disadvantaged clients access to legal services. This is achieved by quarterly meetings where partners discuss relevant legal issues, propose joint projects, improve referral pathways between partners and identifying staff training and legal education needs for community members and service providers.

NRCLSD partners include: Lismore & District the Financial Counselling Service, Family Relationships Centre, Local Courts, NSW Legal Aid, Law Society, Law Access, Henry Davis York (Pro Bono partner), Neighbourhood & Community Centres, Local Council Community Services, and the individual services of the NRCLC.

The Regional Coordinator, Angela Pollard provides secretariat services to the NRCLSD, organising quarterly meetings, drafting agendas, organising guest speakers, taking minutes and circulating information between meetings and assisting partners to progress NRCLSD identified actions.

Presentations at meetings

This year we had guest presentations from Julie Wilson, Program Administrator of Forum Sentencing, Gemma Lardner from the Public Interest Law Clearing House (PILCH) Children in Detention Advocacy Project (CIDnAP) which provides legal advice to young people who have been mistreated by police and Mia Zahra gave an overview of Law Access with Rita Bhattacharya gave a presentation on Law Assist.

We invited Legal Aid Queensland and Gold Coast CLCs to attend the August NRCLSD meeting to discuss cross-border legal issues.

Training

In September, Henry Davis York solicitors undertook Employment Law training for NCLSD partners. In November, Legal Aid ran “Older People & the Law, Debts & Mortgagees” as part of its Law for Community Sector Workers CLE Program. In June LIAC ran several legal research information sessions for CLSD partners.

CLSD Project Funding

ALS & Lismore Legal Aid developed and delivered Discrimination Toolkit Workshops for Indigenous Community Workers in Lismore in November and at Tweed and Ballina in March.

The NRCLC developed and delivered two Employment Law Forum Theatre events to CALD communities in Tweed in October, and in June, to African communities in Lismore.

Outreach

This year NRCLSD partners have initiated activities such as Legal Aid’s monthly legal outreach to the Deaf Society in Lismore.

Networking and Information Events 

In February various partners attended a Community Forum on Mental Heath led by Page MP Janelle Saffin.  In early May, A number of NRCLSD partners attended Aboriginal Community Information Assistance Days at Lismore and Tweed Heads.

 

Issues identified

The following issues were identified as areas of concern by partners: clients with mental health issues particularly in terms of local court appearances, the high cost of mobile phone 1300/ 1800 charges for calls to free legal services, debt, bankruptcy, changes to the Residential Tenancies Act, fines, local access to the Family Law Court and Fair Work Australia, complaints about police harassment and inaction on domestic violence complaints.

In reviewing all these activities, this was clearly another very productive year for. NRCLSD.

 

 

 


 

 
Text Box: LEGAL SERVICE

 


Our Team

There were some changing faces in the legal service team this year. Principal Solicitor, Cathy Kerr, resigned in February after 12 years at NRCLC.  Family solicitor, Richard Hughes, stepped in as Acting Principal Solicitor until the end of the financial year and Fia Norton joined us as the family law solicitor.

Bridget Barker, Katja McPherson and Niluka Jayasinghe remained as Generalist solicitors.  Kimbah Pengelly joined the service late in the financial year, replacing Katja who went on parental leave.

Karin Ness and Greta Hunter were kept busy with Community Development and Community Legal Education projects.  Legal Information Officer, Murray Hand anchored the lot at the front of the office.

 

Community Development

The Tweed Valley office continued to work with the CALD community through our involvement with the second Unity Festival; organising multicultural lunches and joining the Far North Coast Multicultural Working group.  We organised a Harmony Day multicultural morning tea which was attended by 89 people from 20 countries. We are assisting the FNC Multicultural group by producing a Multicultural Information Brochure for the Tweed and Byron Shires.

 

Networking

We engage with service providers at interagency meetings and at community events throughout the region to ensure that clients are referred appropriately to our services.  We engage with other services to ensure that they aware of the advice, assistance and representation provided by the Legal, TAAS and WDVCAS services in NRCLC.  

We attended the Tweed Shire Women’s Service staff meeting to give advice about family law issues for the service’s clients.

In the last year we participated in NAIDOC week at various locations throughout the region, including in Yamba, Grafton and Tweed and Lismore.

We attended the Victims Services Forum in Lismore.  We raised the issue of the cost and impost on RRR community legal centres when solicitors have to travel to Sydney to inspect Victims Services’ files.  This matter is still to be resolved.  We continue to make submissions about this issue and to monitor the situation.

We are a member of the Northern Rivers Family Law Pathways Network Steering Committee.  We attend the Networks’ regular meetings that plan and implement the Pathways Network activities.  We helped plan and participated in the Casino launch of the Northern Rivers Family Law Pathways Network along with a seminar presented by Dr Judy Cashmore and Dr Robyn Fitzgerald on child development in the context of the Family Law Act.  

We also participate in the Family Relationship Centre Community Reference Group.  We regularly attend the Family Relationship Centre Staff meetings so that we can discuss issues and protocols in relation to the lawyer assistance family law advice project with the family dispute resolution practitioners. 

 

Community Legal Education

Last year our focus was to develop projects that facilitate greater access to workplace rights for young people and people from culturally and linguistically diverse communities. We received funding from the Law and Justice Foundation to produce a DVD on young peoples’ rights at work.  We also received funding from the ‘Cooperative Legal Services Delivery’ (CLSD) funding pool to conduct forum theatre education workshops for the Filipino community in Tweed Heads and the African communities in Lismore. These projects were successfully completed this year.

We produced the DVD ‘Stand Up for Your Rights and Get Advice about Youth Work Entitlements’ in partnership with Youth Connections North Coast and Turtle films.  We completed the project in March 2011 and launched it at the Pulse Cafe during Youth Week.

The DVD depicts stories based on young peoples’ experiences at work and encourages them to seek free legal assistance when their rights are not respected.  We trialled an education session based on the DVD to 200 students at Trinity Catholic College with positive feedback.  We have now begun rolling out the education campaign to high schools and a range of high schools across the region have participated.

The forum theatre session on rights at work for the Filipino community in the Tweed was a huge success.  We held it on a fine Sunday at the Banora Point Community Centre.  The day was attended by over 40 people, with 5 people seeking individual legal advice in the afternoon.  As expected, the participants were able to share many accounts of unfair and illegal treatment in their workplaces after these issues were entertainingly performed by the actors.  We hope to have allayed some of their fears about taking legal action to remedy this treatment.

In March we consulted with the African communities in Lismore to determine where they work and the types of issues that they experience at work.  About 15 key community members attended the consultation.  It was reported that racism in some workplaces was rife but the communities were reluctant to lodge discrimination complaints for fear of jeopardizing future employment.

We held the forum theatre session for the African communities in June at the Fountain room, City Hall.  We had about 40 adults and as many children attended. The session went very well despite navigating using a forum theatre style of education with interpreters from four different language groups.  

During Law Week we delivered legal information on a number of topics, including– wills, family law, credit and debt to small groups and to individuals at Clarence Regional Library in Grafton and Yamba. 

We also attended the Legal Aid Family Law and Domestic Violence Seminar in Lismore and presented a session about the Family Relationship Centre/ Community Legal Centre project.

We attended and presented at the Domestic Violence Information Forum at Byron Bay Community Centre.  We also did a presentation to Lismore Neighbourhood Centre Staff on the Federal Attorney-General’s FRC/CLC Lawyer Assistance Partnership Project.

Information and Promotion

Tweed Valley Office had stalls at: NAIDOC Expo in Tweed, Seniors Expo in Murwillumbah, at the Aboriginal Legal Information Day and the Kingscliff TAFE Orientation Day.

We also promoted the service at a Church Group, the Tweed Shire Women’s Service, Pottsville Neighbourhood Centre and Mountain View Retirement Village.

We ran a stall at the Box Ridge Community Day.  The badge making was particularly popular.

Court Support Service

We have continued operating this service in Lismore Local Court with volunteers on list days.  We have a core group of dedicated, long term volunteers.  Without this core group we would have difficulty filling the roster at times.  The NRCLC would like to convey special thanks to Michelle Lyons, Gay Bransgrove, Dianne Beelitz and Fiona Dempster for their ongoing, dedicated support to the Court Support Service.

We train our Court support volunteers in-house and we place new volunteers on a roster with experienced volunteers to complete that training.  We trained 7 new volunteers this year.  We were not able to service the Casino Court in the second half of this financial year but we are presently servicing that Court again.

We continue to receive positive feedback from court users.

 

Legal Advice

We provided telephone advice to residents in our catchment area and face to face appointments at the Lismore office (day and evenings); Casino (at Buyinbin Aboriginal Corporation); at Pottsville Community Centre, and at the Local Courts in Murwillumbah and Tweed Heads.

This year we saw a total of 728 clients (450 females and 277 males) and gave a total of 956 advices.  The problem types are shown in the following chart (the large family law proportion reflects the multiple problem types that are often experienced by family law clients).

 

Clients by Problem Type (Advices)

 

Casework

We were successful in having thousands of dollars in State Debt Recovery Office fines waived for an elderly client.  The client had been fined multiple times for driving a motor vehicle that was both unregistered and uninsured.  The client could not afford the car registration and insurance costs on the pension, but relied on the vehicle to maintain independence and lifestyle.

We have identified employment law as one area of focus in our casework as well as in our community development/community legal education work.  As a result we have developed expertise in representing clients in Fair Work Australia with unfair dismissal claims and general protections disputes. 

We respond quickly to requests for advice in these matters because of the 14 day time limit to lodge an application for an unfair dismissal remedy.

We successfully represented a client who sought our advice well after the time limit for an unfair dismissal claim had expired.  We overcame various jurisdictional objections raised by the employer for the client’s application to be accepted and then resolved the matter for the client with a settlement that included payment of compensation, an agreement that they had resigned plus a reference. 

We settled another unfair dismissal matter on behalf of a client with a disability.  Again the settlement included payment of compensation, a reference and an agreement that the client had resigned. 

We have assisted many clients with employment law issues in the last year and the demand for assistance with employment-related issues remains strong.  We will continue to represent clients and to provide community education in this area of law in the coming year.

We have had many successful determinations on behalf of clients in applications for Victims’ Compensation this year. 

The majority of clients we represent in victims compensation matters are female and many of them are indigenous.  The types of injuries we claim are usually for the injuries of domestic violence; sexual assault and psychological harm. 

The clients often seek our advice well outside the time limit and present with complex claims.  They are also clients with multiple social disadvantages that make representing them both a pleasure and a challenge. 

We devote much time and effort seeking evidence in support of a client’s claims and in writing persuasive submissions for the tribunal to accept our client’s claims outside the statutory time limit.

In spite of these challenges, we have achieved many great results for our clients in the past year, including tens of thousands of dollars in awards of compensation for individual clients. 

We have also developed some expertise in the last year in applying for payment of interim awards on behalf of clients experiencing severe financial hardship.  This is a concrete way that we can assist a client to improve their immediate circumstances.

In the last year we have also assisted a few clients to assert the Sexual Assault Communications Privilege.  This privilege is asserted on behalf of a victim when, during the trial of an alleged offender on criminal charges the representative of the alleged offender seeks (through a subpoena for production of documents) to access confidential counselling and/or medical records of the victim. 

This is a discrete and complex area of law but when it occurs, the victim is entitled to separate legal representation.  We have represented a few clients this year in these circumstances, with great assistance from our local Barrister, Craig Simpson who is willing to appear either pro bono or with a grant of legal aid.

The Legal Service has continued to provide advice and assistance in a broad range of general civil law matters. 

We assisted a client to settle a claim for professional negligence against a company.  The client had initially engaged a private solicitor who had proposed to settle the matter for a few thousand dollars.  We assisted the client to settle the matter for 3 times the original settlement offer.

We settled a discrimination complaint against a major financial institution on behalf of an elderly client.  The client was particularly pleased with the outcome and made a donation to our Centre.  We plan to use the money to promote awareness of discrimination law amongst high school students in our region.

We also assisted a client with a complaint about costs charged by their solicitor in a matter to lodge a complaint to the Office of the Legal Services Commissioner.  This was resolved with the client being refunded a large sum of money they had been charged in legal fees.

The Legal Service has advised and represented many clients with debts arising in a range of circumstances, including debts arising from motor vehicle accidents and clients with loan agreements they cannot afford to service.

We work cooperatively with the Lismore & District Financial Counselling Service to provide these clients with a holistic approach to their financial situation.  We were successful in the last year in negotiating waiver of some large debts on behalf of clients in these circumstances.

In the last quarter of this year we dedicated significant resources to representing a client in a matter that had to be litigated in the NSW Supreme Court.  We were successful in the matter after a hearing, thanks to the dedication of the Legal Service team, who all contributed to the large amount of work required to conduct such a complex litigated matter. 

Law Reform

We made a submission to the Australian Law Reform Commission Inquiry into Family Law Violence and Commonwealth Laws – Employment and Superannuation Law responding to the ALRC Issue Paper 36. 

We also made a submission to the Federal Attorney-General supporting the changes to the Family Law Act proposed in exposure draft of the Family Law Amendment (Family Violence) Bill 2011.  The Bill was referred to the Senate Legal and Constitutional Committees.  The Senate Committees invited submissions.  We made a further submission to the Senate Committee whose recommendations we expect to be published in the second half of 2011.  We hope the recommendations will incorporate the issues raised by our submission, many elements of which align with the Women’s Legal Service’s submission.

We made representations to the NSW State Debt Recovery Office in relation to procedural fairness issues arising from fines being served default notices issued to indigent and transient people.

In the last year we have also focused on law reform issues that arise directly from our casework and advice.  This has included writing to the Queensland equivalent of the SDRO, the State Penalty Enforcement Register (SPER) about the difficulty of negotiating the tolling system on the Gateway Bridge that people from this region experience when they travel to Brisbane.  We have seen a number of clients who received fines for failing to pay a toll that they had no knowledge of, nor means to pay.

We also wrote to the relevant Minister about the difficulty in persuading a client’s witnesses to attend a Fair Work hearing when the Fair Work Act does not provide any mechanism to compel a witness to attend nor to seek payment of witness expenses on their behalf when they do attend in Fair Work Australia.

 

Core Activities Undertaken

Legal information and referral: 2742

Advices:                                    956

Cases opened:                          225

Community Legal Education:      52

Community Development:          26

Law Reform:                                         12

 

ALAP (Aboriginal Legal Access Project)

We have continued our ongoing work under this project to improve access for Aboriginal people to legal advice, information and representation.

We have developed strong links with other services and in communities during the time this project has been funded.  In the past year we have held a number of community education events at different locations, including Tabulam, Muli Muli, Box Ridge and in the Tweed.  Some of these were held in conjunction with the NSW Office of Fair Trading and with staff from Legal Aid NSW.

We responded to requests from the Education Centre Against Violence to deliver education sessions to service providers and community members about the Victims Compensation Scheme in NSW and about our services.

In the past 12 months we participated in Aboriginal Information & Assistance Days organised by the NSW Department of Premier and Cabinet in Lismore, Grafton and in Tweed Heads. 

 

At all of these events we have offered clients access to a solicitor for legal advice and many took the opportunity to seek our advice.

Staff and COM members of NRCLC attended Aboriginal Cultural and Awareness training days held in Evans Head.  A local Elder shared his knowledge of the dreamtime stories in hat area and of the local Aboriginal history there.

In the last 12 months we have continue with our flexible approach in order to best respond to community needs for access to legal advice.  We have attended meetings of the local refuge to give women access to our service.  We have responded to requests from service providers for assistance for their individual indigenous clients.

In the last 12 months we started an outreach in Casino on days that coincide with the Casino Local Court’s list days.  We offer this outreach at Buyinbin Aboriginal Corporation with a view to operating from a space that is accessible and welcoming to Aboriginal clients.

Family Relationships Partnership

Funding for this project from the Federal Attorney-General’s Department was extended for a total of three years.  The project continues to provide advices to clients referred by the Family Relationship Centre.  The majority of the advices we give are at the Lismore office, by telephone.  However our staff will travel to offer clients advice face to face where this is necessary.

In limited circumstances where the other party has declined to participate in family dispute resolution the project solicitors are able to provide legal assistance to clients in the form of drafting court documents.  We have also participated in several lawyer assisted family dispute resolutions.  The feedback from the family dispute resolution practitioners about this aspect of the project is very positive.

In addition to participating in network and CLE activities summarised above in our capacity as the FRC/CLC project we attended the one day FRC/CLC training in Coffs Harbour.  We also attended the annual Legal Aid Family Law Conference in Sydney.  The conference is always a valuable forum for a range of papers and presentations by judicial officers, private and legal aid practitioners, social scientists and academics.

Volunteers

We had a healthy turnout of administration volunteers, although there was a high turnover due to many of them having too many commitments.  The following volunteered at our Lismore office and some also at our Tweed office: Zac Worne, Ian Kendrick, Cheryl Gardiner, Elizabeth Peovic, Evie Lyte, Keda Ley, Emma Sutton, Erasmus Lovell-Jones, David Gunn, Philip Wykeham, Samantha Lennox, Majek Mapet, Fiona Munro, Allira Ibrahim, Michelle Popp, Amanda Mead, Matthew Newell and ErsmusLovell-Jones.

In addition we had some practical legal training placement students through ANU who completed their legal training with us before being admitted as solicitors, namely: Fia Norton , Kim Ibbott and Anita Ting.

 We are very grateful to the legal practitioners who volunteered to give advice on our Thursday evening roster.  

These practitioners provide valuable assistance to our clients and attend our office after a full day at their own work. Several have been volunteering for many years but keep coming back for more. Thankyou to Steve Bolt, Darryl Quigley, Barry Jeffress, Richard Maloney, Eoin Johnston (barrister), Nathan Job, Alanna Hale, Michael Brown, Emma Heagney and Lucinda Opper.

We wish to extend our grateful appreciation to another local barrister, Craig Simpson who has provided invaluable advice, assistance and representation for our clients in a number of matters in the last year, pro bono.  We appreciate Craig’s generosity and commitment to our service.

We thank Julian van Aalst, Counsel in Sydney who assisted a client in a large and complex matter with expert legal services both pro bono and on a grant of aid. 

The Legal Service at NRCLC appreciates the valuable contribution of our local barristers and Sydney Counsel who have provided services to us and to our clients.

We thank Henry Davis York and Clayton Utz for the pro bono services they provided to the NRCLC in the past year.  We have appreciated the time and expertise of their staff in assisting us and our clients in the past year.

Finally, we extend our grateful thanks to the staff of Legal Aid NSW in Lismore.  They have contributed in supporting us to provide services to our clients.  We are grateful to our colleagues in Lismore for their cooperation and assistance.


 

 

 

Text Box: TENANTS ADVICE AND ADVOCACY

 

 

The Tenants Advice and Advocacy Service has been established in the Northern Rivers for 15 years. The Service provides advice and advocacy to tenants from Grafton to Tweed Heads, and out west to Drake.

The Service operates a phone advice line, Monday to Thursday including Thursday evening. Each week the Consumer Trader and Tenancy Tribunal (CTTT) sits in a number of locations in the Region; Tweed Heads, Lismore and Grafton. Tenant Advocates provide dedicated advocacy to priority clients who are case managed. When ever possible, the Service provides duty advocacy at the Lismore, Grafton and Tweed Heads hearing rooms.

NORTAAS provides services to tenants in both private and social housing, and permanent residents of caravan parks.

The biggest event for the TAAS team in the past financial year (and probably for a number of years) was the introduction in January of the Residential Tenancies Act 2010. The team has thus far made a very successful transition into the new act. More on this later.

Towards the end of the last financial year we saw some welcome announcements in relation to the increase of social housing stock to the area. Whilst many of those homes have now been built and clients placed in them, we continue to see a disproportionate amount of housing stress across the region.

Whilst the region’s population is growing at above the average growth rate for the state, we have rents in areas such as the Tweed that are the highest in the state outside of Sydney. Coupled with lower than state average income in the region, the need for long term, secure and affordable housing has never been more important. The role of the TAAS team in supporting people to maintain their housing in a climate where there is a less than one percent vacancy rate is of the utmost importance.

The service continues to benefit from the back-up and support of both the Tenants Union of NWS and Park and Village Services.

Staff

During the year Maralyn Schofield continued to act as the locum Coordinator whilst Kate Chapman extended her maternity leave.

Maralyn was able to take on a small client caseload, thus assisting the team during the busier periods

Mary Flowers barely had time to settle into the newly created project worker position before the new legislation was upon us. Mary’s hours extended to assist us in the task of providing advice on the new legislation to our clients. Mary did a great job in undertaking community education projects during this time, and worked closely with Matt Meir on a number of media related projects around the new legislation. Mary also provided many hours of advice and advocacy, including tribunal work during this period.

Amanda Elgazzar had a very successful stint as acting Senior Advocate during Deidre Dowsett’s long service leave. Amanda continued to expand her knowledge by studying for her Certificate IV in Community Services (Advocacy).

This financial year also saw Amanda increase her involvement in Interagencies and community legal education. Amanda also reported that she has experienced an increase in the need to have face to face interviews with clients. In doing this, Amanda has achieved numerous beneficial results in reaching conciliated agreements prior to CTTT formal hearing.

Deirdre Dowsett took her well deserved long service leave and spent 3 months travelling the countryside and enjoying the break. Deidre came back in November to join us all in the daunting task of preparing for the new legislation. Deirdre helped guide the team in terms of casework through the implementation period.

Jenny Walton-Smith continued on the front line in her position as intake worker. The numbers of clients with complex needs who need multiple occasions of service continues to increase. Jenny has very capably managed the intake of these clients into our service to ensure the best possible outcome for them.

Volunteers

We have had a small core group of volunteers over the last year. Jo Groves and Emma Dunn began the year with us, and Matt Meir volunteered with us for most of the year culminating in several months of locum work during the implementation period.

Matt proved to be an invaluable team member particularly with his journalism skills and contacts. Matt was able to assist us in getting valuable media coverage about the changes to the legislation out into the public domain.

We were also pleased to have Guershom Sanvura undertake volunteer admin work for us. Guershom was also engaged as a locum, providing administrative support.

 

 

Statistics

During the last 12 months, TAAS has assisted almost 1200 tenants and residents in the Northern Rivers. This is slightly less than the last financial year, and is probably representative of the longer amounts of time spend with individual clients due to the changes in the legislation and/or the complexity of cases.

The largest proportion of our clients were again single people, followed by sole parents. More than half our clients stated that Centrelink was their primary source of income. Over 18% of our clients stated that they had a diagnosed disability. This is an increase of 3% over last year.

This year the issues that tenants called us about the most have changed, after remaining static for some time. The highest amount of calls was in relation to repairs issues, followed by issues relating to rent arrears. Surprisingly, tenants wishing to break their agreements early saw a significant increase in the last year. We will be keeping a close eye on this statistic and analysing it further if the trend continues.

The service continues to use the priority rating system for those clients we represent in the CTTT. This year we attended tribunal with, or on behalf of clients on 123 occasions. We continue to assist multiple clients in preparation to run their own cases at the CTTT.

We have found it increasingly difficult to continue to provide a duty advocacy service in an unfunded capacity. We see duty advocacy as an important factor of ensuring access and equity for our clients outside of the Lismore area. Many services across the state have discontinued their duty advocacy service. Unless these issues are addressed by the funding body via a much needed increase in funding, we may also have to consider ending duty advocacy.

Funding

A detailed submission was prepared by the Tenants Union in conjunction with TAAS services across the state for enhanced funding. TAAS services have not seen a real funding increase since 2002. A separate application was also made to increase funding for duty advocacy. We are currently awaiting the outcome of these applications.

On the bright side we did receive one off funding to assist us with the implementation of the new legislation. This funding allowed us to employ Mary and Matt as locums to assist with advice, advocacy and community education at a crucial time. The extra hands on deck made a great deal of difference and we got through the period with the minimum of difficulties.

We have yet to hear any more information from the funding body on the performance based management reporting requirements.

 

TAAS in the Community

Our team have been out and about in the community a great deal in the past year. Community education activities increased significantly as we endeavoured to spread the word about the new legislation.

All of the team was also involved in a significant amount of work at the Lismore Tourist Caravan Park. We were invited by Lismore City Council to participate in the formulation of a social impact assessment on the effects of a proposal to close the Park. We spent numerous hours in the park working with the residents as well as a significant amount of time behind the scenes lobbying on residents behalf. Hopefully, this work will see some positive outcomes for some of our most disadvantaged residents.

Our working relationships with other service providers continue to grow and strengthen. We have good working relationships and communication networks with a number of key organisations across the region.

We enjoyed considerable media coverage this year and found this to be a positive way to get ‘the message’ out to our communities. Hopefully we can build on this experience.

Policy and Legislation

The commencement of the Residential Tenancies Act 2010 on January 31st 2011 was a monumental occurrence for TAAS services across the state due to significant change in the legislation. We worked closely with other TAAS services and Tenants Union of NSW making submissions regarding this new legislation leading up to the commencement.

Whilst real estate agents and other housing providers are still catching up, TAAS services were well trained and prepared for the changes.

At this early stage the jury is still out on any firm trends that may occur from the changes. We have noted some positives for our clients, particularly in the area of Section 88(3) what we like to call ‘pay and stay’. This section relates to rent arrears (see case studies).

Obviously, some changes in the legislation have an impact on our day to day practices and our policy and practice manual is being reviewed accordingly.

We are now looking forward to the review of the Residential Parks Act (1998)

Looking Forward

In the 2011/12 financial year NORTAAS will see the appointment of a permanent Coordinator at 25 hours a week. The coordination position will be stream-lined and we look forward to working closely with the Principal Solicitor and the other teams within the Centre.

Case Studies:

The Ultimate Pay and Stay arrangement as afforded by the new RTAct 2010.

The tenant was in significant arrears with social housing provider due to undeclared income arising out of other financial stressors at the time.

The tenant phoned us to discuss the situation and a proposed a meeting with the social housing provider to discuss the arrears situation.

We agreed to attend the meeting and encouraged the tenant to enter into a payment plan to better support her case.

At the meeting, the Housing Manager was present and accepted the offer of a repayment plan by handing the tenant a repayment plan form. The tenant then wrote in a small instalment each week to be deducted out of the tenant's (now sole) income source (a Centrelink pension). The Property Manager proceeded to sign the agreement. This in effect, meant that the tenant had agreed to enter into a repayment plan that had been accepted by the landlord.

Under the new sections 88(3) of the Residential Tenancies Act, a notice of termination requires that the tenant be informed that if they pay the arrears in full, or enter into a repayment plan agreed with the landlord', they can stay. Furthermore if the landlord applies for termination solely on rent arrears, and the tenant has paid or is fully complying with an agreed payment plan, the CTTT must not terminate (with a proviso being that they are not deemed to be a frequently in arrears).

To date the tenant remains in his rental premises repaying the over $13,000 of arrears at an affordable amount and termination has not been pursued.

Our first termination of a long term tenancy

Under the new Residential Tenancy Act is a special section for the termination of a tenancy of a long term Tenant. Long Term Tenants are defined as having been the tenant at the premises for 20 years or more. Initially the landlord gave the tenant a termination notice for no grounds. They then retracted it when they realised the process for terminating a long term tenancy was to apply to the CTTT.

This section of the Act gives the CTTT the power to consider the circumstances of the case from the Landlord and the Tenant's side. This includes the discretionary power to refuse to terminate in the circumstances of the case.

This new section of the Act also stipulates that if the CTTT does decide to terminate the tenancy, there is a minimum of 90 days notice for vacant possession.

This is a significant improvement from the lack of recognition of long term tenancies in the old Residential Tenancy Act 1987. It enhances the protections under the standard tenancy agreement.

We were able to conciliate an agreement with the Landlord whereby the Tenant was given a year to vacate with no rent increase to occur in that time.

No right to die at home?

A Social Worker from a local hospital referred a client with chronic illness to our Service. The client had been a tenant for two years and had a good relationship with the landlord.

The tenant had some big decisions to make about continuing treatment for his illness. During general conversations with the landlord the tenant revealed some personal information. The landlord’s response was that ‘the tenant was under no circumstances allowed to die’ at the rental property.

The landlord then wrote into the tenancy agreement an additional term, that the tenant would, without delay, admit himself as an inpatient to a medical establishment in the event of any chronic and debilitating illness.

We advised the tenant that this was an invalid term, and could not be enforced under legislation. Further, it was a breach to the tenant's peace and quiet enjoyment of the property, as set out in his agreement, and under the Residential Tenancies Act 2010 (NSW). After further discussions with the tenant and social worker, the tenant was referred to our Legal Service and then to the NSW Trustee, for advice on enduring guardianship and power of attorney. The tenant arranged for his son to move into the premises to care for him.


 

 

 

 

The Northern Rivers Women's Domestic Violence Court Advocacy Service provides a free domestic violence court advocacy service to women and children at Ballina, Byron Bay, Casino, Kyogle, Lismore, Murwillumbah and Tweed Heads Local Courts. The service offers advocacy, information and referral in relation to Apprehended Domestic Violence Orders and Local Court process. 

During the last year we have seen the consolidation of our service and a marked improvement in our relationship with key stakeholders in the region.

Although we had to face some challenges such as the ill health of some staff members and the lack of DVLOs at some local courts we have provided an excellent service; we have overcome these challenges with the invaluable contribution of a very dedicated team of workers and the support of our partners.

We have successfully met the objectives set up in our strategic plan of improving access and equity to all women living in the Northern Rivers. One of our main goals has been to continue providing quality services to a high number of Aboriginal clients as well as women from culturally and linguistically diverse communities, women with disabilities, lesbians, older women and geographically isolated women.

Staffing

At the end of the June the team consisted of:

·         Lilian, Regional Coordinator,

·         Sally, covering Lismore, Casino and Kyogle courts as Assistant Coordinator

·         Maryanne, Specialist Aboriginal worker (who is replacing Kasandra)

Locums:

·         Alison at Ballina

·         Kim at Tweed Heads and Murwillumbah  courts

·         Marg at Tweed Heads court

·         Meaghan has become our new locum (helping wherever she can) and

·         Rebecca at Byron Bay court

Volunteers:

·         Maree and Jennifer, continue to tirelessly support our work at Lismore and Casino

 

 

Team members currently on extended leave, or who have left the service:

·         Rachel has been away from the service for an extended period due to health issues. We hope she is able to return soon as a valuable team member;

·         Kasandra (Aboriginal Specialist) is away on Maternity leave;

·         Marguerita (Assistant Coordinator) has resigned from our service after nine years. We are sure that many women in the Northern Rivers will remember Marguerita for her kindness and the gentle encouragement she gave them during their difficult times at court. We wish Marguerita all the very best in her future career and personal paths; and

·         Rose has also resigned after three years of assisting our service as a locum. Our best wishes go to Rose too.

I acknowledge each and every one of the workers, seconded workers, locums and volunteers who have been extremely flexible and always ready to help in every possible way. This team approach has contributed to maintaining the quality client services we provide despite the staff shortages experienced.

Seconded workers

This year we achieved the goal of establishing a roster of seconded workers from a range of services with much work being undertaken with other service managers.  Agency Agreements have been signed and our first roster started operating in April.

The training was conducted at the Family Relationships Centre by Katja, Sally and Lilian on March 30th.

Workers from the Lismore Women’s Refuge, New Horizons (Lismore and Tweed Heads) Rekindling the Spirit, NR Young Women’s Accommodation and NORWACS as well as the Tweed/Byron Police Aboriginal Liaison Officer attended the training.

In all three workers from Tweed Heads, two from Casino and seven from Lismore attended. Six of the workers who attended the training were Aboriginal. Workers were interested in covering Lismore, Casino, Kyogle, Ballina, Byron and Tweed Courts.

Seconded workers are expected to attend court one at a time and shadow the assistant coordinators until they are ready to start assisting with client intake forms, etc.

It has been wonderful for our service to have Aboriginal workers in Casino and Kyogle.

All parties are very pleased with the way the secondment partnerships are working. Managers have related to me that the scheme greatly benefits their organisations as workers are gaining invaluable skills they can utilise in their service delivery. One manager described the experience as “invigorating”. She said her worker comes back from court in high spirits after seeing positive outcomes for clients!

Some workers have not been able to attend; it is not unusual for workers to start with the best intentions and then find out that they cannot add one more thing to their own workload.  We are extremely grateful to all partners involved and hope to continue supporting each other in this and other “capacity building” activities.

Our heartfelt thanks to: Robin, Wendy, Lesley, Jenny, Kellie, Clare and Lorna for their ongoing work as seconded workers.

Issues of concern

An ongoing focus for the service is working towards improved police responses for women experiencing domestic violence. Of particular concern have been the difficulties reported by women concerning police responses in the Murwillumbah area. A number of clients have related that they feel they are being discouraged by police when they try to take any protective legal action (ADVO).

Advocating for clients is a major component of our work and we continue providing information and assistance to clients wishing to take complaints to either Local Area Commanders or the Ombudsman.  This year we assisted six  women to make complaints to the Ombudsman in relation to difficulties they had experienced with police responses.

Meetings were held with both police commanders to discuss areas of concern as well as working towards more accessible and effective complaints processes women can undertake if they experience problems regarding police attitude or practice. Given the importance of legislative protection, the service will continue to work with police in this matter.

Statistics

Over the last year NRWDVCAS provided 1811 service events to clients. This included services to 630 new clients with the remaining being either clients seen more than once or previous clients. NRWDVCAS assisted clients at court on 1251 occasions.

There were 72 Aboriginal or Torres Strait Islanders clients, and 51 clients from culturally and linguistically diverse backgrounds.  Seventy (70) clients stated having a disability and five were in same sex relationships. During the last year 806 clients obtained an ADVO.

Over 950 referrals were made to other services.

There were a total of 765 children under sixteen years of age in the care of the women we assisted. We reported our concerns about children to Community Services on 25 occasions.

Planning

The 2009-2010 plan was reviewed and the team decided to develop the new 2010-2011 plan in line with the WDVCAP’s strategic plan to streamline our activities and simplify our reporting mechanisms. The new plan was discussed and refined during our team meetings.

Each worker’s work plan was also developed to reflect the strategic and activity plans and was refined during individual performance appraisals.

Team building

Our service held a Strategic Team building activity last September at Minjungbal Aboriginal Land Council grounds; a beautiful setting. The day started with a guided tour by a young

Aboriginal woman who introduced us to some of the traditions of her people. We saw a tree from which a canoe had been            carved, a Bora Ring and learnt about their significance to Aboriginal culture. We also visited their amazing museum.

The rest of the day was also very productive. We eat delicious food and drank gallons of lovely tea as well as looking at our participation styles and preferences and coming up with ground rules for team meetings.

We still agree, almost a year after the event, that the day contributed to strengthen our team and our working relationships.

Community Development

 Our workers have been busy assisting in community development activities and making sure our services are well known by the local communities.

We have been proactive in the enhancement of working relationships with key stakeholders such as Court personnel and the Police service, resulting in better services all around.

Sally and the Lismore DVLO negotiated with the Magistrate to have all ADVOs listed at 11.00am so that we have time to speak with clients before their matters are raised at court.

Throughout the year, team members have held meetings with Richmond and Tweed Heads Local Area Commanders, Crime Managers and DVLOs to share information, update protocols and discuss enhancement of service delivery, particularly the use of Yellow Cards.

Our service held meetings with Ruth Edwards, Regional DV Coordinator within NSW Police

We were active in our local areas supporting NAIDOC week activities.

Our Aboriginal Specialist Worker attended several services in Casino as well as the “Deadly Days” event which focuses on High School students.

Towards Safer Relationships in the Northern Rivers

In partnership with Inner City Legal Centre’s Safe Relationships Project, Lismore Women’s Resource Centre and ACON we staged a Forum to discuss best practice in working with people of diverse sex, sexuality and gender experiencing relationship abuse in the Northern Rivers.

A local woman’s story

I am telling my story to help others that may be in the same situation without realising it.

I am a strong, assertive woman with a solid network of friends and support; still I didn’t realise I was a victim of domestic violence

There were early warning signs... I should have listened to my gut but I didn’t!

Not only of violence but of my partner Sue “not being all there”

Sue was jealous of friends and controlling; she did not want me to meet with friends or to have fun away from her; she wanted to know everything about me, including the password to my personal email address!

I would make excuses for Sue’s behaviour:

I thought her yelling was “childish”

Her “losing it” over nothing was due to her having a bad childhood.

Although I was “walking on eggshells” to avoid confronting Sue, I still didn’t see it as domestic violence; I never thought it could happen between women!

It only dawned on me one day when Sue had that crazy look in her eyes and she held up a fist at me.

I warned her: “If you ever hit me, it’s over between us!”

There was a final incident where Sue spat at me, hit me and pulled my hair, someone came to assist me and called the police; we ended up in court.

Although the police made me feel very comfortable, I would have preferred that they didn’t negotiate the terms of the interim

There was a final incident where Sue spat at me, hit me and pulled my hair, someone came to assist me and called the police; we ended up in court.

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Text Box: Although the police made me feel very comfortable, I would have preferred that they didn’t negotiate the terms of the interim ADVO with Sue to get her to consent; Sue insisted on being able to phone me and I didn’t want her to do that; I knew she would torment me, I was terrified of her anger, I felt intimidated by her!
I was very lucky; most of the people I got in contact with were very supportive:
The counsellor, the police and the court advocacy worker all reinforced the message that yes what I was experiencing was domestic violence and it wasn’t my fault!
Because Sue is a Lawyer she would not consent to the orders, she thought she would know how to represent herself and have our case dismissed at a hearing.
The Police Prosecutor was very professional and knew exactly what questions to ask Sue to get her to admit her violent behaviour.
The Magistrate was so beautiful! He was disgusted that Sue was using her knowledge of the law to intimidate me and he was very harsh with Sue “he threw the book at her” I finally got my AVO.

Committees the service attended

Our team has been participating regularly in the following committees:

Northern Rivers Families Legal Pathways; NRCLSD; Tweed Shire Integrated Response to Domestic and Family Violence; Casino, Lismore, Ballina and Byron Shire Domestic Violence committees; Network meetings of WDVCAP

The Future

We look forward to further consolidating our team and maintaining the excellence of our service thus enhancing  access to our services for women and children in the Northern Rivers. We strive to ensure the service is able to meet the diverse needs of women in the region and continue to contribute to building local capacity to respond to domestic violence through nurturing partnerships with government and non-government organisations.

We are planning at least two Forums for the coming year:

One for workers “Working Well Together” (to enhance referral pathways for women and children experiencing domestic violence) and one for African refugees,  introducing them to Australian Law particularly in the areas of domestic violence and child protection.

These are very ambitious projects that we have not been able to tackle in the past for lack of funding; we hope this year we will bring them to fruition.