News - June 2009

Free Public Seminar Series - Life Legals

The Law Institute of Victoria is hosting Free Public Seminars across Victoria (including Bendigo) to help people plan for a secure future. The seminar content covers issues surrounding Wills and Powers of Attorney. "Whether you are caring for the elderly, starting a family or contemplating retirement, keeping informed on essential legal information can help you to make the right decisions when planning for the future." The Bendigo seminar will be held on:

Wednesday 24 June
6 – 7.30pm
Sandhurst Room, Best Community Development
26-28 St Andrews Avenue, Bendigo

A light supper will be provided prior to the seminar's commencement.

To register, please download the seminar flier or email: register@liv.asn.au. For further information, please visit the Law Institute of Victoria website.

- posted 17 June 2009

 

Loddon Campaspe CLC Human Rights Submission

The Loddon Campaspe Community Legal Centre has made a formal submission to the National Human Rights Consultation Committee. The submission flows from a consultation with 17 homeless Bendigo residents conducted by the centre's Homeless Person's Legal Clinic and the Public Interest Law Clearinghouse (PILCH).

The submission argues that "evidence of breaches of human rights in Australia, particularly of the vulnerable and disadvantaged, is one factor which indicates that Australia could be better protecting human rights. Introducing a Human Rights Act would contribute significantly to the promotion and protection of the human rights in Australia.

The centre's submission makes four key recommendations:
Australia should protect each of the human rights contained in international treaties to which Australia is a signatory.
In light of the failures of the current system to adequately protect human rights, a Human Rights Act should be enacted protecting the rights contained in international treaties.
A Human Rights Act should provide suitable avenues to make a complaint where human rights breaches occur. Government should be required to assess all future legislation in the light of the Human Rights Act. A declaration that something is incompatible with a human right should be available and should trigger a review of the legislation or policy in light of the Human Rights Act.
An education and community awareness program is important for the effective protection of Human Rights.

To download the centre's submission, please click here.

- posted 16 June 2009

 

Hot off the Press!

In June 2009 the Loddon Campaspe Community Legal Centre produced the six-panel DL format flyer: Legal and Advocacy Services in the Loddon Campaspe Region - how to access free legal and advocacy services. This flyer is an initiative of local legal and advocacy services, including Victoria Legal Aid, the Advocacy and Rights Centre and Consumer Affairs Victoria.

The new flyer outlines the services offered in the local region and provides contact and other relevant information. Click on the image to the left to download a PDF version of the flyer, or email our Community Development Worker if you would like printed copies.

- posted 16 June 2009

 

 

 

 

 

Attorney-General Praises Loddon Campaspe CLC

The Attorney-General, Mr Robert McClellend, today visited the Loddon Campaspe Community Legal Centre. In an earlier interview on ABC Local Radio, Mr McClelland praised the CLC’s programs as "innovative". In particular, Mr McClelland noted the CLC’s work in relation to elder abuse.

In an address to the Bendigo Law Association, Mr McClelland highlighted the CLC’s Homeless Person’s Legal Clinic partnership with the Public Interest Law Clearing House (PILCH) and local law firms Stella Stuthridge & Associates and Arnold, Dallas, McPherson.

Mr McClelland’s speech also highlighted the commitment of local lawyers to the CLC’s Wednesday Night Advice Service and noted the CLC’s contribution to the training of legal students through its links with La Trobe University’s Clinical Legal Education stream.

Mr McClelland also acknowledged "the contribution of the Clayton Utz Foundation, which has extended sponsorship of a graduate position at Loddon Campaspe CLC as part of their program to build capacity in the community legal sector in regional and remote Australia."

- posted 10 June 2009

Bendigo Celebrates Law Week 2009

Law Week 2009 (11-17 May) is an opportunity for members of the public to meet those who work in the law, to look into the workings and implications of the law and to explore the range of legal services available. There are several free public events being held in Bendigo during Law Week 2009:

• On Friday 15 May, there will be six mock court and tribunal hearings at the Bendigo Courts (Court One).
  
  10-10.45am Residential tenancy and Civil matters
  10.50-11.35 Residential tenancy and Civil matters
  11.40-12.25 Residential tenancy and Civil matters
  
  Bookings for groups larger than five through Consumer Affairs Victoria: 5444 2038.
  
  1.0-1.40pm Intervention Order Hearing
  1.45-2.25pm Guardianship Hearing
  2.30-3.10pm Plea Hearing involving "Hoon Laws"
  
  Bookings for groups larger than five through Loddon Campaspe Community Legal Centre: 5444 4364.
  
• Local legal services will also staff information stalls at Lansell Plaza and Bendigo Marketplace on Monday 11 May and Tuesday 12 May respectively.
  
• On Wednesday 13 May, Seniors Rights Victoria is presenting: “Safeguarding your Savings”, a workshop for seniors with tips on how to protect savings, assets and property and how to prevent problems arising in the future (1:30-3:00pm, Campbell Theatrette, Bendigo Library, 259 Hargreaves Street, Bendigo). To book, please contact Seniors Rights Victoria on 1300 368 821.
  
• Loddon Campaspe Community Legal Centre, with support from The Body Shop, will screen a moving and award-winning short film (“Mankind is No Island”) throughout the week that highlights homelessness and promotes the new Bendigo Homeless Persons’ Legal Clinic pilot. The short film is also viewable on YouTube: http://www.youtube.com/watch?v=ZrDxe9gK8Gk
  

- posted 11 May 2009

Youth Referral & Independent Person Program seeks Bendigo Volunteers

• Are you passionate about supporting and empowering young people?
• Open minded with great communication skills?
• Want to develop your knowledge of the law and criminal justice procedures?

YRIPP is holding an information evening for interested volunteers in Bendigo on 5 May.

The Youth Referral & Independent Person Program (YRIPP) is seeking committed volunteers over 18 years of age with access to their own transport and phone. YRIPP volunteers need good communication skills, an openness to diversity and other peoples' values, and a willingness to be challenged and to learn.

What is YRIPP?
YRIPP is funded by the State Government and is a partnership program of the Centre for Multicultural Youth Issues (CMYI), the Youth Affairs Council of Victoria (YACVic) and other agencies. Over the next two years, the program will be available to young people interviewed in police stations across Victoria.

What does an Independent Person do?
An Independent Person (IP) is a volunteer who is independent of the Criminal Justice System and supports young people during interviews with Police when a parent or guardian is unavailable. The Independent Person then refers young people to support services to reduce their chances of future offending. Independent Persons are trained in relevant police and legal processes as well as in working with Indigenous and culturally and linguistically diverse young people.

For more information, please contact YRIPP on 9340 3777 or visit their website: www.yripp.org.au

- posted 29 April 2009

Solicitor Position at CLC

The Loddon Campaspe CLC is seeking a highly motivated graduate solicitor, desiring to pursue a career in public interest and community law, to join the Loddon Campaspe Community Legal Centre team. The position is funded by the Clayton Utz Foundation under an initiative to build capacity in the community legal sector in regional and remote Australia.

The solicitor will be based in Bendigo and support the delivery of pilot community legal services in the Goulburn Valley. The solicitor will undertake legal casework, law reform and legal education at both the Goulburn Valley and Bendigo sites. The annual salary is $49,000, plus superannuation. Salary packaging is also available.

The applicant must possess the qualifications necessary to practicing law in Victoria.

For more information, download the position description.

All applicants must address the Key Selection Criteria in the position description and be addressed to the Executive Officer, Alex Mactier.

- posted 28 April 2008

Applications close Wednesday 13 May 2009.

VCAT Review visits Bendigo

The President of the Victorian Civil and Administrative Tribunal (VCAT), Justice Kevin Bell, will visit Bendigo on Wednesday 29 April. Justice Bell is reviewing the Tribunal’s operations and is keen to consult with interested members of the local community. The community consultation will take place at 6pm at the Capital Theatre.

Justice Bell will also meet with key local stakeholders, including members of the Bendigo Law Association at the Community Legal Centre.

VCAT is keen to become a leader in the use of alternative dispute resolution and is keen to work with the community to improve access to people based in regional Victoria. The review will determine how to better deliver justice that is low-cost, efficient, quick and fair. It will be completed in November 2009. More information about the review is available at www.vcatreview.com.au.

- posted 26 April 2009

CLC Welcomes Bendigo Human Rights Consultation

The Loddon Campaspe Community Legal Centre welcomes the National Human Rights Consultation Committee’s visit to Bendigo on 16 April 2009. Paula Glassborow, a solicitor at the Community Legal Centre, noted:

"This may be one of the most important consultations on human rights in Australia for a generation. It is essential that human rights are adequately protected in Australia. It is important for the community to be engaged in debate relating to the state of human rights in Australia, and the Loddon Campaspe Community Legal Centre welcomes this opportunity and encourages the community to have their say."

On 10 December 2008, the 60th anniversary of the adoption by the United Nations of the Universal Declaration of Human Rights, Australia’s Federal Government launched the Human Rights Consultation. A Committee chaired by Father Frank Brennan was appointed to consult with the Australian community on three issues:

• Which human rights (and corresponding responsibilities) should be protected and promoted?
• Are these human rights currently sufficiently protected and promoted?
• How could Australia better protect and promote human rights?

"I believe everybody has the right to be treated with dignity and respect regardless of their status in the community." said Ms Glassborow. "I regularly see people whose rights have been trampled. They may be victims of domestic violence, homeless people who have not been treated with respect and dignity, or people who have been exploited because they are vulnerable."

There are a number of ways the Bendigo community can be involved in the consultations on 16 April. Members of the public are welcome to attend the consultation.

When:    16 April 2009, 12-2pm
Where:   Quality Resort All Seasons Bendigo, The Conservatory
              171-183 McIvor Road, Bendigo.

To attend, people should register at the National Human Rights Consultation website.  Alternatively, they can submit their views in writing to the above website or by mail to:

National Human Rights Consultation Secretariat
Attorney-General's Department
Central Office, Robert Garran Offices
National Circuit
Barton ACT 2600

- posted 14 April 2009

Bendigo Bushfire Action Group

The bushfires of 7 February 2009 affected many people in the Loddon Campaspe region. The Loddon Campaspe Community Legal Centre is helping a group of concerned Bendigo residents, the Bendigo Bushfire Action Group, to seek leave to appear before the Bushfires Royal Commission. The Notice of Intention to seek leave was filed by the group on 9 April 2009.

If you are interested in joining this group to contribute your experiences to the issues identified by the group in its Notice of Intention, please contact the CLC's Principal Solicitor, Peter Noble, on 5444 4364.

Submissions to the Bushfires Royal Commission

Individual members of the community or community groups can also make written submissions to the Commission. General submissions close at 4.00pm, Monday 18 May 2009.

Further submissions around specific areas of interest of the Royal Commission may be invited at a later date. For more information regarding the submission process contact Peter Noble on 5444 4364 or visit the Royal Commission website.

- posted 13 April 2009

Law Week Events in Bendigo

The CLC is pleased to be working with Consumer Affairs Victoria, Victoria Legal Aid, the Advocacy & Rights Centre's Social Housing Advocacy & Support Program (SHASP), Seniors Rights Victoria and others to present a series of mock tribunal and court hearings as part of Law Week 2009.

When: Friday 15 May 2009
Where: Bendigo Law Courts - Court Room 1, Pall Mall, Bendigo

There will be three morning sessions, which will allow tenants, students and the public the opportunity to explore the workings of the Victorian Civil & Administrative Tribunal (VCAT) and to experience the legislation as it applies to the Residential Tenancies Act 1997 and the Fair Trading Act 1999.

The afternoon sessions will deal with an Intervention Order application, a Guardianship hearing (which will deal with the possible financial abuse of an older person), and a plea hearing which will explore the breach of a community-based order and the hoon laws.

These sessions are true-to-life, with all the participants having an active involvement in the operations of the legal system.

Session Times

10.00am-10.45am Residential Tenancy and Civil Claims Matters
10.50am- 11.35am Residential Tenancy and Civil Claims Matters
11.40am- 12.25pm Residential Tenancy and Civil Claims Matters

Please Note: Bookings for the morning sessions are essential for groups larger than five people. RSVP Consumer Affairs Victoria, 5444 2038.

1.00pm-1.40pm Intervention Order Hearing
1.45pm-2.25pm Guardianship hearing
2.30pm- 3.10pm Plea Hearing – involving hoon laws and the breach of a community-based order

Please Note: Bookings for the afternoon sessions are essential for groups larger than five people. RSVP Loddon Campaspe Community Legal Centre, 5444 4364.

- posted 7 April 2009

Consumer Credit Code - Hardship Applications Workshop

The Loddon Campaspe CLC is pleased to host a Consumer Credit Code workshop in Bendigo for financial counsellors, community workers, community advocates, community lawyers and pro bono lawyers, to be presented by the Consumer Action Law Centre.

The aim of this free workshop is to equip participants in advocating for financially and socially disadvantaged people faced with consumer problems to ensure that their rights are promoted and protected.

The workshop also provides an opportunity for participants to discuss issues arising in their case work and to share information and advocacy tactics.

Topics that will be covered in the workshop:

• Hardship Applications in terms of the Consumer Credit Code and;
• Steps to be taken during legal action for home repossession.

Time: 10.00am to 12:15pm (including a 15 minute break)
Date: Thursday, 14 May 2009
Location: Loddon Campaspe Community Legal Centre, 29 Queen Street, Bendigo.

To register your attendance, please contact Steve Womersley, the Loddon Campaspe CLC's Community Worker, by email (stevew@advocacyandrights.org.au) or phone (03) 5444 4364 by Monday 11 May 2008.

- posted 7 April 2009

Community Legal Centre Review

The Loddon Campaspe Community Legal Centre recently reviewed its operations. This review updates the original report Access to Justice in the Loddon Campaspe Region. The new report:

• reports back to the community on the achievements and challenges faced by the Loddon Campaspe Community Legal Centre in its first three years of operation
• assesses community feedback about the CLC and its servicing of the local area
• demonstrates that there is an ongoing need for a Loddon Campaspe Community Legal Centre

Click here to download the report (also available for download under Publications).

- posted 7 April 2009

Community Legal Centre Wins Awards

On 7 November Peter Noble, the Loddon Campaspe CLC’s Principal Solicitor, was awarded the Law Institute of Victoria’s 2008 President’s Award in the Community Lawyer category. The President’s Awards are the most esteemed category of the LIV Legal Awards. They recognise outstanding contributions that promote and advance the legal profession and honour achievements that benefit the community. Peter’s award recognises his leadership of the CLC and his work on innovative access to justice projects.

On the same night the CLC was awarded the 2008 Tim McCoy Award. This award is named in honour of Tim McCoy (1956-1987), a community lawyer and activist. The award recognises the work of individuals, groups or organisations within the community legal centre or legal aid sectors. In particular, this award recognised the CLC’s work on several projects including the Older Person’s Legal Program, which has since grown into Seniors Rights Victoria.

Peter Noble said that that it was a great honour to receive the LIV President’s Award and for the CLC to receive the Tim McCoy Award: "Both awards are due, fundamentally, to the effective team work of all staff and volunteers at the Loddon Campaspe Community Legal Centre, including outstanding contributions by over 30 local lawyers and 40 student volunteers since the commencement of the service in 2005.

This work has enabled not only enabled the delivery of core services to the community, but the implementation of many innovative projects including the Older Person’s Outreach to Bendigo Health, the Homeless Person’s Legal Clinic, our Migration Advice Service and the Family Violence Prevention Legal Service."

Local lawyer and CLC volunteer Russell Robertson (from O’Farrell Robertson McMahon) was shortlisted for a President’s Award in the Regional Lawyer category and on 11 November won the Victoria Law Foundation’s Distinguished Pro Bono Service Award, in particular for his work with elderly Bendigo Health clients.

Stella Stuthridge, another long-time CLC supporter and volunteer was awarded a Certificate of Service for her work for the local legal profession.

Migration Law

The CLC’s specialist Migration Law service assisting the local Sudanese and Burundi community is continuing to assist our region’s newest arrivals. Fortnightly appointments are available at Castlemaine and Bendigo refugees can access the service through our Bendigo office. A number of information sessions have been held in Castlemaine. In the New Year an Information Session will be held for Burundi refugees.

White Ribbon Day

On 25 November community leaders from across Bendigo joined with representatives from the Bendigo Family Violence Prevention Network to publicly acknowledge the city’s 2008 White Ribbon Day Ambassadors: Ron Poyser, Terry Davies, Peter Bull, Travis Edwards, Jaidyn Hoskin, Brian Nelson and Chris Casey.

Guest Speaker, Inspector Peter Bull, noted that domestic violence is the leading contributor to death, disability and illness amongst women in Victoria between 15 and 44 years of age and that the disease burden on the community is greater than high blood pressure, smoking or obesity.

Steve Womersley, the CLC’s Community Development Worker welcomed the nominations: White Ribbon Day is an opportunity to publicly acknowledge the positive role many men in our local community play in relation to the issue of violence against women.

The 2008 Ambassadors have all contributed to attitudinal change amongst men in relation to an issue that affects a significant number of women and children in our community. These men set the bar in terms of positive relationships with women, whether it’s through their work in the legal profession, policing or the community sector, or through their participation in business, sport, education or the Indigenous community. Put simply, they are not violent, and not silent."

The CLC was particularly pleased that the Centre’s Family Violence Prevention Legal Service Solicitor, Chris Casey, was recognised for his work in delivering legal advice and advocacy to Intervention Order applicants at the Bendigo and Maryborough Magistrates’ courts. Since the service opened in 2007, Chris and other CLC solicitors have assisted more than 350 people, mostly women, seeking legal protection from family or domestic violence.

Homeless Persons Legal Clinic

Homeless Persons Legal Clinic The Loddon Campaspe CLC, the Public Interest Law Clearing House (PILCH), Stella Stuthridge & Associates and Arnold Dallas McPherson have partnered to trial a Homeless Persons Legal Clinic in Bendigo. The trial will run for 6 months and be delivered at St Luke’s and Loddon Mallee Housing Services.

The St Luke’s clinic operates from 10am-12pm every second Friday. Appointments can be made by phoning 5440 1100.

The Loddon Mallee Housing clinic operates from 2-4pm every second Tuesday.

Appointments can be made by phoning 5444 9028. Appointments can also be made in person at both St Luke’s and Loddon Mallee Housing Services.

This free service is for people who are homelessness or at risk of homelessness. The clinic can provide advice in relation to:

• Housing and tenancy
• Fines
• Centrelink
• Credit and Debt
• Victims of crime
• Guardianship and administration
• Family and criminal matters
• Discrimination
• Human Rights

New Family Violence Laws

0n 8 December the Family Violence Protection Act 2008 and the Stalking Intervention Order Act 2008 came into effect. These new laws are designed to better protect Victorians from family violence and hold those responsible more accountable for their behaviour.

The Loddon Campaspe Community Legal Centre welcomes these new laws. Since the Centre opened in July 2005, family violence has consistently featured as a significant issue in our region. Since 2005 the CLC has assisted with almost 500 IVO matters.

Since the CLC’s Family Violence Prevention Legal Assistance Service started in February 2007 the CLC has represented on average five clients per week at the Bendigo Court. Since this service was extended to Maryborough earlier this year, the service has assisted on average two clients per fortnight at the Maryborough Court. The majority of the service’s clients (82%) are applicants. Seventy eight per cent of the clients are women and almost 40% of matters have involved children. More than 70% of the CLC’s clients rely on a government pension, benefit or allowance.

The new Family Violence Protection Act 2008 and the Stalking Intervention Order Act aim to:

• broaden the definition of family violence so that it includes economic and emotional abuse, as well as other types of threatening and controlling behaviours
• expand the definition of ‘family’ to cover a range of family and family-like relationships
• give police more powers to respond more quickly and effectively to family violence
• make it easier for victims of family violence to change tenancy arrangements to enable them to remain in their homes if they wish
• improve the court system to encourage greater reporting from victims, including restricting respondents to family violence intervention orders who are self-represented from personally cross-examining their victims in court
• better protect vulnerable Victorians
  

For more information on the new laws, visit the Department of Justice website ENOUGH: www.familyviolence.vic.gov.au

New Legal Education Publications

Victoria Legal Aid has recently published or updated several plain English legal education materials.

Disagree with a Centrelink decision? has information about VLA’s Social Security Practice.

Am I old enough? Common legal issues for young people has information about schools, becoming independent, consumer rights, relationships, family, health, police, bouncers, courts and tribunals, and "Out There" issues such as tattoos and body piercing.

Fines: your options for dealing with fines (also available in Arabic, Chinese, Turkish and Vietnamese) covers reviews, non-payment, Infringements and Magistrates’ Courts and where to go for help.

Using Disability Discrimination Law (produced with Villamanta Legal Service) explains the law and helps people who have a disability to decide what action to take if they feel they have been discriminated against.

To order any of the above, please visit VLA’s website: www.vla.vic.gov.au (see Publications under Quick Links).

The Loddon Campaspe CLC has more than 130 plain English legal education materials in stock, including pamphlets, videos and booklets. Please contact the Loddon Campaspe CLC’s Legal Education Worker, Steve Womersley, on 5444 4364. for more information.

Community Legal Education

The Loddon Campaspe Community Legal Centre has presented or facilitated several community legal education workshops in recent months and participated in a number of community events, including Housing Week in August, the Bendigo Loddon Multicultural Services Legal Information Day for new arrivals and Seniors Week.

In October the Communications Law Centre presented two sessions on Defamation, Cyber Bullying, Privacy and Copyright to year 10 and 11 Students at East Loddon P-12 campus in Dingee. The sessions focused on the uses and legal implications of new media and technology, such as MySpace, mobile phones and the Internet.

The CLC’s Seniors Rights Victoria solicitors, Joe Edmonds and Sally Smith, have presented several workshops on Wills, Powers of Attorney and elder abuse.

In a first, the Centre’s Principal Solicitor, Peter Noble, presented a session on Child Protection and Grandparenting to members of St Luke’s Grandparents Support Group.

In November, the Centre was pleased to promote an Environment Defenders Office workshop on VCAT Planning and Environment in Castlemaine, which was very well attended.
For up-to-date Loddon Campaspe Community Legal Centre news, visit the CLC’s website:
www.communitylaw.org.au/loddoncampaspe
If your organisation would like the CLC to help you organise a legal information presentation, please contact the CLC’s Legal Education Worker, Steve Womersley, on 5444 4364. for more information.

In 2009 the CLC will run information sessions across the region that deal with the new Family Violence laws, Victoria’s new Relationships Register and new laws in relation to domestic partners (same-sex and heterosexual) and Victoria’s new scheme for the division of property and payment of maintenance.

Clinical Legal Education

In 2008 the Community Legal Centre hosted another successful Clinical Legal Education Program, with several students from the School of Law at La Trobe University Bendigo working at the centre between July and November. Students undertaking the subject "Rural and Regional issues in Justice" spent one day a week at the Centre over the semester. They assisted with migration matters in Castlemaine, worked on older person’s legal matters and assisted with the CLC’s Family Violence Prevention Legal Service at the Bendigo Magistrates’ Court.

Seniors Rights Victoria & Financial Abuse of Elderly Report Launched

On 19 November Janet Wood, the President of Council of the Ageing Victoria (COTA), launched Seniors Rights Victoria in Bendigo and Federal MP Kelvin Thomson (a member of the Commonwealth Parliament’s Legal and Constitutional Affairs Committee) launched Responding to the Financial Abuse of Older Persons, published by the Loddon Campaspe Community Legal Centre.

Mr Thomson noted: "The Government has already strengthened the protection of older Australians by moving to introduce an amendment to the Age Discrimination Act 2004 to remove the ‘dominant reason’ test."

Peter Noble, one of the report’s co-authors (with Seniors Rights Victoria lawyer Joe Edmonds) said that abuse can include the petty theft of moneys from an older person’s wallet or purse through to major fraud which results in the older person losing assets and savings. He also explained that the report focused on abuse being perpetrated by persons with whom the older person has a relationship of trust.

The report calls for a number of reforms to legislation and procedures, including:

• Legislative reform to protect the savings and assets of older persons
• Protection for banks and financial institutions which report in "good faith" signs of elder financial abuse
• Training of staff to identify uncharacteristic withdrawals of money from older persons’ accounts by other parties
• Greater awareness by staff of the requirements of attorneys and representatives of older persons
• Research on best practice models which aim to eradicate financial elder abuse, where banks and financial institutions are concerned.

Philip Field, from the Financial Ombudsman Service, also responded to the Report: "[The report] clarifies the challenges and constraints faced by banks in responding to financial abuse and is a positive contribution to the discussion on how to deal with what is a difficult issue."

Click here to download the report (also available for download under Publications).