Current projects

 

On Human Rights Day, the Federal Government will release the draft National Human Rights Action Plan as part of a commitment to systematically address the situation of human rights in Australia. The Baseline Study will also be released following extensive input from community organisations and stakeholders to ensure the Federal Government undertakes an honest and realistic assessment of areas where human rights protections are currently falling short. CLC and other public contributions called on the Federal Government to conduct extensive research and consultation before undertaking reform to ensure actions are appropriate and effective to make a difference in the lives of socially and economically disadvantaged communities in Australia.

This year, CLCs welcomed the first step towards consolidating Australia’s equality laws after years of advocacy and campaigning on behalf of CLC clients. The Federal Government discussion paper seeks civil society input on how to effectively implement protections against discrimination for vulnerable members of the community. The Government has committed to broadening current safeguards for sex, race, disability and age and prohibiting discrimination because of sexual orientation and gender identity. CLCs are working towards building on existing anti-discrimination laws for long-lasting protections into the future.

The Victorian Charter continues to promote human dignity and address disadvantage through parliamentary scrutiny, obligations on public authorities and ensuring laws are interpreted consistently with human rights standards. CLCs have been instrumental in using the Charter to advocate for their clients across a range of areas, including securing stable housing for people at risk of homelessness and obtaining access to adequate healthcare to improve mental health outcomes. In working with socially and economically disadvantaged clients, CLCs are strategically placed to see both the benefits of the Charter on the ground and the importance of retaining the Charter from a community law perspective. The focus on Human Rights Week highlights the importance of maintaining and strengthening the Victorian Charter through improved remedies and extending safeguards for economic, social and cultural rights.

Contact Jacqui Bell for further information on these projects.

 

Further resources

Factsheet: The importance of Victoria's human rights charter

Human Rights Law Centre - Strengthen the Victorian Charter

National Human Rights Action Plan

Equality Law Reform Project

 

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Background to the Project

Footscray CLC conducts a clinic at the Sunshine Magistrates Court providing legal advice and financial counselling for clients with debt issues. Footscray CLC observed many clients who had been issued with summons for oral examinations initiated on behalf of local councils for unpaid rates. Many of the clients had been sued for very small amounts, often less than $1,000. The majority of these clients were experiencing financial hardship and had a break-down (or lack of) communication with the relevant local council. The additional costs of legal proceedings had exacerbated the financial stress of the residents.

The Sunshine Magistrates’ Court discussed the issue with Footscray CLC and indicated their desire to reduce the number of these matters being commenced in court. The Registrar and a Magistrate at the court have both written in support of the project.

At the same time as Footscray CLC was observing these issues, we were analysing the findings of the Victorian Department of Justice report, Courting Debt: The legal needs of people facing civil consumer debt problems (available at www.justice.vic.gov.au).

That report revealed that local councils were among the most prolific litigators for small debts in the Victorian Magistrates Court. During the 2005-06 financial year, local councils issued 5,309 proceedings for debts up to $10,000. All of those matters were finalised by default judgment, amounting to 21% of all default judgments under $10,000 in the Magistrates’ court. 93% of these cases were for unpaid local government rates or charges/rates arrears.

Aims of the Project

Through this project we will investigate and recommend ways to reform local council debt collection practices. Our recommendations will be aimed at:

• promoting early access to legal and financial counselling help;
• reducing court proceedings and associated court and legal costs being added to debts; and
• encouraging consistent, ethical debt collection practices by councils across Victoria.

We are seeking to work collaboratively with local councils to ensure that ratepayers facing financial hardship have the opportunity to seek financial counselling, and to arrange alternative payment methods, prior to being subject to court proceedings. Further, we want to encourage best practice across Victorian local councils regarding financial hardship processes.

Contact Jacqui Bell for further information on this project.

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Alternative dispute resolution (ADR) is now the centerpiece of Victorian and national civil justice policy. ADR is an umbrella term for processes, other than judicial determination, in which an impartial person assists those in a dispute to resolve the issues between them, or narrow the issues in dispute. Types of ADR include mediation, conciliation and expert appraisal.

In some ways, CLC clients stand to benefit from ADR more than any other social group. Many CLC lawyers agree that ADR can be very useful in resolving disputes quickly, cheaply and effectively. At the same time, it is important to recognise that some CLC clients are profoundly disadvantaged, due to poverty, mental illness, homelessness, language difficulties, limited literacy or other factors. These disadvantages can prevent some people from participating in ADR on an equal footing.

The Federation undertook extensive research into the impact of ADR on CLC clients. This research culminated in the production of a 33 page report, Activist ADR: Community lawyers and the new civil justice, which recommended ways government, courts and tribunals and CLCs can work to improve the effectiveness of ADR.

Outcomes of the ADR Report

The ADR Report was launched at the Federation’s 2010 Annual General Meeting. It was widely distributed to Victorian courts, tribunals and policy-makers and the Federation is actively engaging with VCAT on improving ADR processes. The ADR Report formed the basis of presentations to the 2010 National CLC Conference in Melbourne and the biennial National Mediation Conference in Adelaide.

The Federation drew upon its research into ADR to produce five submissions to a range of inquiries into ADR and civil justice during 2009 and 2010. One of these submissions was written by the Federation and co-signed by the Financial and Consumer Rights Council and the National Association of Community Legal Centres (NACLC). Lucinda O’Brien, who has conducted this work at the Federation, represented the Federation and NACLC at a Federal Dispute Resolution Roundtable convened by the National Alternative Dispute Resolution Advisory Council in Canberra in February 2010.

Our ADR work has involved collaborating with academics Dr Lola Akin Ojelabi and Associate Professor Mary Anne Noone of La Trobe University, and Gary Cazalet, a senior lecturer at the University of Melbourne. In conjunction with Dr Akin Ojelabi, the Federation is currently developing a series of fact sheets based on the Activist ADR report. These fact sheets seek to improve CLC lawyers’ practical knowledge of ADR, while also stimulating discussion of the unique access to justice issues raised by ADR.

Contact Lucinda O’Brien for further information about our ADR work.

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Many taxi drivers risk bankruptcy every time they drive, because they have no insurance against third party property damage. CLCs regularly see drivers who have had car accidents during a shift. Typically, an insurer is suing the driver for the cost of repairs to the other driver’s car. These drivers don’t own their cabs, but “rent” them from owner-operators in return for a share of their earnings. Often, they make regular payments to self-insuring “taxi clubs”. Many drivers believe they are paying for comprehensive insurance. In fact, these taxi clubs are discretionary mutuals, meaning they are under no legal obligation to pay. They often refuse to pay for damage to the other car. This leaves drivers facing legal claims of up to $20,000.

Usually, by the time the driver contacts a CLC, court proceedings are underway. Sometimes the taxi owner has disappeared or is trading under a new business name. In other cases, the driver is under pressure to accept responsibility for the debt – especially common among very young drivers and very recent immigrants. Many drivers in this situation end up declaring bankruptcy.

The Federation is working with Victorian CLCs to gather case studies to demonstrate the seriousness of this problem. We are working with other non-profit organisations to lobby the Victorian Government and make a strong case for reform. We believe that the Government should change the law, to make it compulsory for all taxis to carry comprehensive insurance. This would bring Victorian law in line with that of New South Wales.

For further information, contact Lucinda O’Brien.

Related media coverage:

The Age - Cabbies Driven to Bankruptcy

The Age - Insurance Flaw Leaves Cabbies Out On A Limb

 

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Background to the Taser Report

Over the past two years, the Federation used freedom of information laws to obtain access to important internal Victoria Police reports and information concerning:

• policies governing use of Tasers;
• incident reports on Taser use;and
• failures in police use of force training and culture.

We did this work with pro bono assistance from two law firms and the Victorian Bar, and with support from Professor Jude McCulloch and PhD candidate Emma Ryan at Monash University.

Victoria Police initially refused to provide large parts of this information. The Federation commenced legal proceedings and, shortly before the hearing on both occasions, obtained large parts of the information originally sought.

The Federation analysed the information and met with senior Victoria Police representatives to discuss our concerns and also liaised with other bodies including the Office of Police Integrity.

Outcomes of the Taser work

This work, which has received significant statewide, national and international media coverage, has directly contributed to:

• Significant improvements to Victoria Police Taser use policies reducing the risk of misuse and injury or death from their use;
• Victoria Police Taser use policies becoming publicly available for the first time. Equivalent policies are available in many other Australian and overseas jurisdictions;
• Greater public understanding of the risks of death and serious injury when Tasers are used against vulnerable people and of evidence that casts doubt on claims that Tasers reduce shootings; and
• Greater public understanding of when Tasers are being used and who they are being used against (eg: our analysis of incident reports confirmed that Tasers are being used against the same vulnerable groups who are most at risk of death and serious injury from Tasers).

Victoria Police has invited the Federation to participate in their internal reviews of each Taser use during the pilot roll out of Tasers to general duties police. We are continuing to monitor police Taser use and advocate for the implementation of the recommendations of the Taser Trap report.

This work has complemented the police accountability work of our member CLCs, notably Flemington Kensington CLC and the Human Rights Law Centre.

Contact Michelle McDonnell or Hugh de Kretser for further information about our work on Tasers.

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Over the past three decades, Victoria has had more fatal police shootings than any other state. Not because Victorian police are encountering more mentally unwell or dangerous people than their interstate counterparts, but because their training, culture and tactics have not equipped them properly.

Recently, Victoria Police has acknowledged the need to improve its tactics and trainings. Improvements undertaken are reducing the risk of avoidable shootings. Yet, the process is fragile and faces a number of hurdles, including the roll out of new police semi-automatic handguns and the recruitment 940 protective services officers who will be armed but will receive only one third of the training of police officers.

The Federation is currently seeking funding to continue our work in this area, including in relation to monitoring Victoria Police firearms use, assessing the risks around the training and management of firearms use, and recommending changes to minimise the risk of injury and death from inappropriate or avoidable use.

Contact Michelle McDonnell or Hugh de Kretser for further information about our police accountability work

Related media coverage:

Opinion: Poor training and bad tactics to blame for police shootings

Preventing avoidable police shootings

 

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Coroners across Australia investigate avoidable deaths, determine the cause of death and recommend changes to bodies such as government departments, to prevent future deaths. Coroners continue to make potentially life-saving recommendations, yet the lack of a coordinated approach across Australia means that deaths with very similar causes and solutions can occur in one part of the country despite the fact that recommendations which might have saved those persons’ lives have previously been made in another jurisdiction. Nationwide research has found that it is not unusual for recommendations to disappear into the ether and never be acted upon or even acknowledged by the bodies to which the recommendations are made.

Outcomes of our work

Following advocacy by the Federation, CLCs, and other coronial system participants, the Victorian Parliament Law Reform Committee reviewed the Coroners Act 1985. The Attorney General responded to the Committee’s final report by introducing the Coroner’s Bill 2008.

The Federation welcomed a range of improvements in the Corner’s Bill 2008. The Bill amended the provisions around self-incrimination to allow the release of information that might otherwise be unavailable to the coronial process and to affected families. The Bill also expressly included appeal rights - improving the rights of interested persons to appeal a coronial finding or decision not to hold an inquest.

However, the Bill ignored, or only partly implemented, key recommendations of the Committee’s Final Report. In particular, there was no requirement for relevant government agencies to respond to coronial recommendations directed towards them. Agencies could ignore or adopt them as they wanted without having to inform the court, the deceased’s family or the public, of the response.

Accordingly, the Federation pushed for amendments to the Bill, providing a detailed submission to MPs outlining our concerns and suggested amendments. We also met with the Attorney-General’s advisers, the Shadow Attorney-General, and liaised with the Greens.

The Federation’s initiatives assisted the debate in the Legislative Assembly and influenced the Bill’s passage in the Legislative Council, where important amendments were proposed and subsequently incorporated into the Coroners Act 2008.

The highlight of these amendments was the insertion of a requirement that if a Coroner makes recommendations to a particular Minister, statutory authority or entity, they must now respond within three months outlining actions that will be taken in response to the recommendations. The response must be published on the Internet and be provided to any interested person. This is a substantial gain for families and for the prevention focus of inquests. It makes Victoria only the second Australian state to mandate responses.

There is still much more work to be done to establish a ‘joined up’ Australian coronial system that is sensitive to the bereaved, and that learns from past deaths in order to prevent future avoidable deaths. In March 2010, the Federation convened a historic meeting of around 30 coronial advocates, researchers, academics and policy/law reform workers across Australia to discuss national coronial reform and recommend changes to improve the system. We are completing a Discussion Paper outlining the need for reform.

Contact Dr Chris Atmore for further information about our coronial law reform work.

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Civil law continues to be the area of greatest unmet legal need in Victoria. Civil law forms around 60% of the work of Victorian CLCs yet CLCs and our legal aid and pro bono partners are unable to meet the demand for assistance. Due to the overwhelming demand for services, CLC work focuses on information and advice services and CLCs are only able to undertake ongoing work and court representation in limited circumstances.

In a 2008 submission, the Victorian Department of Justice recognised that the impact of cuts to legal aid funding in the 1990’s for civil matters:

was severe. It included the almost complete abolition of legal aid for civil matters so that now grants of legal aid are very rarely made for matters such as discrimination, consumer protection, tenancy law, social security law, contract law and personal injuries. Some of these matters have been picked up by the private profession…but substantial areas of law, particularly poverty-related law, have not been picked up.

We are working to identify, highlight and recommend ways of addressing gaps in civil law services, focusing on specific areas such as employment law, migration law, social security and tenancy.

Contact Jacqui Bell for further information about our civil law access work

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Achieving justice for victims of sexual assault with a cognitive impairment or communication difficulties is an enormous challenge for the justice system. The vulnerability of people of with a cognitive impairment or communication difficulties makes them more vulnerable to sexual assault, and to more severe and prolonged abuse. The rates of prosecution of sexual assault where the victim has a cognitive impairment are extremely low. There is increased disengagement with criminal justice processes and police are less likely to believe their reports of assault.

The Victorian Law Reform Commission concluded in 2004 that “it is clear that the criminal justice system offers people with a cognitive impairment very limited protection against sexual assault....However, with adequate assistance many people with a cognitive impairment can tell the police what has happened to them and can give evidence in court.”

The Federation of Community Legal Centres has been working to provide that practical assistance. The Federation developed a model for a pilot specialist advocacy support service in collaboration with the South Eastern Centre Against Sexual Assault (SECASA) and Springvale Monash Legal Service.

The pilot service will be based in Melbourne’s South East region. SECASA, Springvale Monash Legal Service and disability agencies will provide victims with:

• advocacy and support during dealings with police and prosecutors. Crisis support will be offered through a 24 hour service;
• ongoing advocacy and support during investigation, prosecution and court processes. Victims will be helped to monitor, understand and participate in these processes;
• legal and other advice on criminal justice processes and the options and services available;
• legal support to access crimes compensation and other compensation options; and
• a skilled communication support service and other disability support services where required.

There will be a strong focus on data collection and evaluation with a view to modifying and expanding the pilot across Victoria in the future.

The Federation is well advanced towards its goal of raising $405,864 to fund the two year pilot. The William Buckland Foundation has awarded the Federation a challenge grant of $200,000 towards the project, adding to $31,000 already raised from the Reichstein Foundation and two other donors.

Contact Michelle McDonnell or Hugh de Kretser for further information.

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The Federation and its member community legal centres have a long and proud history of effecting positive change to the way the justice system responds to family violence. Victoria’s landmark Family Violence Protection Act 2008 represents the culmination of years of work by community legal centres, domestic violence crisis organisations and victims/survivors, who have tirelessly advocated for making Victoria’s family violence protection laws more accessible and effective for victims.

Our current focus is on:

• working with the Women’s Legal Service and others to analyse the operation of police Safety Notices and to recommend relevant changes to improve their operation. These notices provide an after hours system under which police have power to issue the equivalent of an on the spot intervention order excluding an alleged perpetrator of violence from their home. There is no judicial supervision mechanism prior to the notice being issued, despite the fact that the Magistrates Court had been conducting an improved after-hours phone service immediately prior to the Safety Notice system being introduced;
• collaborating with partner agencies including Domestic Violence Victoria, to work with Victoria Police and the Office of Public Prosecutions to prevent the re-victimisation of family violence victims through inappropriate prosecutions, for example where a victim of violence lies to police under duress from a violent partner; and
• working with the PILCH Homeless Person’s Clinic to recommend reforms to prevent the inappropriate prosecution of fines against family violence victims – for example, where a victim of violence under duress from a violent partner accepts fines that were not incurred by them.

Contact Dr Chris Atmore for further information about our Family Violence work

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The Federation has been working to boost the capacity of its member CLCs to engage in law reform and policy including by:

• Training CLCs and NGOs on submission writing and using community development in law reform;
• Working with the University of Melbourne and others to convene a Public Interest Law Conference in 2010. The conference had a strong focus on partnerships between academics and community lawyers. Developing a tool to assist CLCs to more accurately record their law reform and policy work; and
• Promoting the importance of CLCs engaging in law reform and policy work and actively engaging CLCs in this work.

The Federation has received funding to produce a guide and deliver training targeted at promoting effective participation in law reform by CLCs and other NGOs and the broader community.

Contact Jacqui Bell for further information about our law reform capacity building work.

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