illawarra legal centre 2015 annual · pdf filecarolyne turner solicitor (on leave 14 months)...

Illawarra Legal Centre Inc Annual Report 2014 - 2015

© Illawarra Legal Centre Inc 20157 Greene Street (PO Box 139)

Warrawong NSW 2502Telephone 02 4276 1939Facsimilie 02 4276 1978

www.illawarralegalcentre.org.au

ILLAWARRA LEGAL CENTRE2015 ANNUAL REPORT

ContentsChairperson’s Message 2Coordinator’s Report 3Centre Workers, Management Committee and Volunteers 4ILC Snapshot 6The Year In Review 8Partnerships/Networks 12

Administration and IT 15Community Legal Education 17Aboriginal Legal Access Program 24General Law Service 26Child Support Service 30Children’s Court Assistance Scheme 32Financial Counselling Service 35Tenants Service 39Welfare Rights Service 42

Feedback 44Financial Report 46Financial Statements/Auditor’s Report 47

Illawarra Legal Centre Inc Annual Report 2014-2015© Illawarra Legal Centre Inc 20157 Greene Street (PO Box 139) Warrawong NSW 2502Telephone 02 4276 1939 Facsimilie 02 4276 1978 www.illawarralegalcentre.org.au

Cover artwork by: Kathryn Orton, Town Planning for Begginers No.23 of 26 Artwork above: Stacey Timms, Acknowledgement of CountryAnnual Report design: Pedro Altuna, milkbarstudios.com.au

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Judy Stubbs

Chairperson’s Message

This year has seen the negotiation of a new agreement between the Commonwealth and State governments about the funding of community legal services. The new National Partnership Agreement (NPA), which is the outcome of these negotiations, sets the principles and the parameters for the funding of community legal services which include Community Legal Centres, Legal Aid, Aboriginal Legal Services and Women’s Domestic Violence Court Support Schemes.

The new NPA strongly emphasises the need to focus on areas, communities, client groups and individuals with greatest legal need, least access to the legal system and who suffer particular disadvantage and vulnerability.

At the Illawarra Legal Centre (ILC), we have always been acutely aware of grounding our work in the communities we serve and of focusing on the most disadvantaged communities and groups. In this regard, we are unlikely to struggle with many of the underpinning principles of the new NPA. We have deliberately located our service within arguably the region’s area of greatest disadvantage. Likewise we continue to actively reach out to and target those most disadvantaged in accessing the legal system including Aboriginal people, people living with disabilities, people on low incomes including those who are unemployed or reliant on pensions and benefits and others who lack personal or financial resources due to a range of life circumstances.

Our particular focus on Welfare Rights, Aboriginal Access, Tenancy and Financial Counselling, as well as General Legal Services, brings us into contact with those most likely to experience the highest levels of legal need as well as complex and multiple legal needs especially as a result of having debts (either consumer debts or Centrelink debts) or at risk of being homeless.

The Law and Justice Foundation Australia Wide LAW survey identified these groups as among those most likely to experience legal needs. Those experiencing financial difficulties are most likely to experience high legal needs. Our established practices across

the ILC bring our services into line with the priority areas identified by the new NPA.

Government’s increased emphasis on direct service provision is perhaps not surprising in the more constrained funding environment of 2015-18. However, law and policy reform must be included in the mix, as it yields the most effective and efficient results for individuals experiencing legal disadvantage and for the whole community when implemented in tandem with direct service delivery.

Integrated law and policy reform is also in-line with reviews of the effectiveness of the sector including that conducted by the Productivity Commission in 2014. As the Commission noted in its report, Access to Justice Arrangements,

RECOMMENDATION 21.1:

The Australian, State and Territory Governments should provide funding

for strategic advocacy and law reform activities that seek to identify and

remedy systemic issues and so reduce demand for frontline services

(Productivity Commission Inquiry Report Overview, p.62).

The ILC maintains its commitment to integrated and holistic service provision and to effective policy and law reform, knowing that this is the best way to address the multiple and complex legal needs of those most disadvantaged in our community. In this, we continue the vital tradition and history of the Centre as we enter our thirtieth year.

Judy StubbsChairperson

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Coordinator’s Report

THE YEAR IN A NUTSHELLMore complex cases, more complex funding arrangements, more complex reporting requirements.

COMPETITIVE TENDERINGBoth the Commonwealth and State Governments have introduced competitive tendering for some of their funding. This has been very difficult.

The intended outcomes – streamlining services; encouraging innovative delivery; strengthening capacity; closing service gaps and encouraging partnerships were not the experience of our organisation nor of our partners and networks. It was the opposite.

Major community organisations in the region such as Southern Youth and Family Services, and peak organisations Illawarra Forum and Southern Suburbs Taskforce all report the actual outcomes to be:

• too short time frames

• competition between organisations

• a lack of time to develop “innovative” funding delivery

• cuts to important local service organisations who already do innovative work and

• loss of staff due to uncertainty of future funding.

Competitive tendering maybe a readily used market oriented tool, however The Productivity Commission in a recent review of competition policy, reported that competition reform:

“does not guarantee the achievement of non-efficiency objectives such as equity of access to basic … services”

(Productivity Commission Submission to Competition Policy Review June

2014, p.35)

NATIONAL PARTNERSHIP AGREEMENT (NPA) UNCERTAINTIESFunding uncertainties are forever the load to bear and this year all Community Legal Centres (CLC’s) have had to shoulder the extra work of trying to ensure that our core funding isn’t cut back so far that we would not be able to function. Again (for the 3rd year) we have been told our funding will be rolled over while the Commonwealth and State Governments decide on arrangements for a new National Partnership Agreement which will distribute funds to CLC’s according to new formulae.

SPACE AT THE CENTREWe continue to enjoy having our two buildings provided to us by Wollongong City Council, but as we continue to grow it gets harder and harder to work. We have plenty of cross fertilisation between us as workers as we are all just about sit elbow to elbow.

Funding uncertainties have kept us unable to predict how many workers we will have from year to year and we have had to put a hold on planning for how to accommodate our growing needs. The pressures of difficult working conditions are always overcome cheerfully in the short term but create longer-term stresses.

FRONT STREET REVITALISATIONThe front area outside our building which was paved and landscaped with the addition of tables and benches last year, has continued to have much use. Friendly locals wipe the dew or rain off the seats in the morning and many meet, sit and socialise throughout the day. It is a great reclaiming of public space by the community with the planning work of local organisations being fed into Wollongong City Council making it happen. It is much appreciated.

ACCREDITATIONOur accreditation by the National Association of Community Legal Centres, achieved in 2013 and due for reassessment in 2016, has been extended to 2017. In the interim ILC will upload to the accreditation platform any changes or developments in policies and procedures required to keep up to date.

Truda Gray

“All are equal before the law and are entitled without any discrimination to equal protection of the law”.

“ Universal Declaration of Human Rights”.

Illawarra Legal Centre Inc Annual Report 2014 - 2015 | 3

Centre Workers

AdministrationTruda Gray Centre Coordinator 5 days Linda Tucker Acting Coordinator (locum) (3 mths) Catherine O’Neill Financial Manager/ Administrator 3 days Judy Lloyd Bookkeeper 2 daysEleonora Raseni Administrative Officer (on leave) 3 daysVesna Horley IT 2 daysEunice Harding Administration Data entry 3 daysWendy Mills Administration Front desk 4 days

Aboriginal Legal Access Program (ALAP)Della Chaounne Access Worker (resigned Jan 2015) 3 days Caryn Carpenter Access Worker (locum) 2 days

Child SupportCarolyne Turner Solicitor (on leave 14 months) 5 daysJudi Teesdale Solicitor (locum) 5 days

Children’s Court Assistance Scheme (CCAS)Georgina Pike Project Coordinator 3 days

Community Legal EducationLinda Tucker CLE Worker 2 daysLinda Brazier (locum)Jenna McConnachie (locum)

Financial CounsellingMaroun Germanos Financial Counsellor 5 daysRon Bryant Financial Counsellor 4 daysTracey Iskra Financial Counsellor 4 daysVesna Horley Financial Counsellor 3 days

GeneralistsPhillip Dicalfas Principal Solicitor 5 days Lucy Houweling Solicitor 3 daysKaryn Bartholomew Solicitor 3 days

TenancyWarren Wheeler Tenancy Coordinator 4 daysJenna McConnachie Advocate 3 daysLeah Farrell Advocate 4 daysJordan Power Advocate 3 daysAlex O’Donnell Advocate (resigned July 2015) 2 daysKirsten Ayre (locum)Meg Connelly (locum)Jake Edwards (locum)Erin Howley (locum)

Welfare RightsIan Turton Solicitor 3 days Liz Turnbull Solicitor 1.5 days

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Management Committee, Volunteers

Generalist InternsJake EdwardsGabrielle WilsonRobert Spinks

ALAP (Aurora intern)Kate Lyle

Welfare Rights VolunteersMarcus MorganStephanie Sanchez (PLT)Maddy YatesMelanie Charters-Brown

Tenancy VolunteersMelanie Charters-BrownSarah KennedyLynn MeignenRichard MilneStephanie SanchezClara StaplesAlice TierneyMaddy Yates

CLE/ Fishing Rights Project VolunteersLocky AuldBella O’BrianSarah TaitCaitlin GoodenLachlan MillerNathan BowenMelanie Brown

Coordinator’s VolunteerMelanie Munroe

Thursday PM Evening Roster Student VolunteersJanelle Te Pairi Katherine Van Ballekom Ranald Riddell Sam Hibbard Marcus Morgan Shirin Mirzaee-Amirabad Phil Jones Gavin Byrnes Ines Goluza Catherine DrewBeth WaterfallMatthew CorbyMelanie MunroRachel Gregory-WilsonAlex GaudieAimee RandallAlfred RazungaHeather WortesCharlie Taylor

Phillip Dicalfas Staff RepMaroun Germanous Staff RepVesna Horley Staff RepJudi Teesdale Staff RepIan Turton Staff RepWarren Wheeler Staff Rep

Volunteer Solicitors 2014 - 15Dawson Lawyers DGB LawyersRussell McLelland Brown (RMB Lawyers)Williamson IsabellaMaguire & McInerneyCarroll & O’DeaHansons LawyersVereckers LawyersKells the LawyersLegal Aid NSWHelen Volk LawyersTurner FreemenHilton King Solicitors

With Special Thanks to Volunteer Solicitors:Robert DavidsonMick DaviesMatthew ForshawJim IsabellaKerry KyriakoudesEmily McLarenAnne MowbrayMelea MullardLauren OliverDavid PottsPeter RobinsonHelen VolkMichelle WalshZachary WilsonAnn Woods Greg WoodsLinda WrightMary Young

Management CommitteeJudy Stubbs ChairJohn Littrich Deputy ChairRay Clack Public Officer / Sec. Belinda Hawker Treasurer John Corker Committee MemberDavid St Quintin Committee Member


ILC Snapshot

The Illawarra Legal Centre is located in Warrawong, within the Illawarra region, south of Sydney. We provide free legal advice and assistance across the local government areas of Wollongong, Shellharbour and Kiama. In addition to these areas, the Tenants Service reaches as far as the Wingecaribee, Shoalhaven, Eurobodalla and Bega Valley areas.

OUR STATEMENT OF PURPOSEThe Illawarra Legal Centre assists people to realise their legal rights. We promote social justice for all, with a particular focus on reaching those who experience social and economic disadvantage in the Illawarra and surrounding areas.

Our aims are to:• Maintain services relevant to the diverse community of the

Illawarra and surrounding areas

• Provide advice, advocacy and/or referral on a full range of legal matters to the Illawarra and surrounding areas

• Undertake policy analysis, review existing laws and to work for improvement to laws and legal processes which affect the rights of those in our community

• Develop and implement community legal education programs which are both proactive, as well as responsive to community needs

The Centre was established in 1985 and is part of a national network of over 175 Community Legal Centres.

As we are a community legal centre, particular emphasis is on working with people living with economic and social disadvantage including:

• People living with disabilities• People living with economic hardship • People with mental health issues and brain injuries• People of Culturally and Linguistically Diverse backgrounds

• Newly arrived migrants and refugees• Aboriginal and Torres Strait Islander People• People with low levels of literacy

Qualified accredited interpreters are used when needed, including interpreters from Wollongong City Council Interpreter Service (in person) and the Telephone Interpreters Service (TIS) for telephone interpreting.

MANAGEMENTThe ILC is managed by a Management Committee comprised of staff members and volunteer representatives from the legal profession and local community.

TYPES OF SERVICES OFFEREDThe ILC provides a number of services (described below) covering different areas of law. The Centre also offers a number of telephone advice sessions per week where community members can ring with questions on any area of law and speak with a caseworker who will either advise them directly or refer them to an appropriate source of information. ILC is a multi program Community Legal Centre.

Programs Provided:

• General Legal• Tenants Advice and Advocacy Program• Financial Counselling Service• Welfare Rights Service• Aboriginal Legal Access Program• Child Support Program• Children’s Court Assistance Scheme• Community Legal Education• Law & Policy Reform

The Illawarra Legal Centre acknowledges that we work on Aboriginal land, traditionally the home of the Dharawal Nation.

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Advice General Law phone advice is provided for a total of six hours over three days per week; Financial Counselling and Welfare Rights are available at any time. The Tenants Service provides phone advice for 16 hours hours per week.

General Law, Child Support, Welfare Rights and Financial Counselling is offered outside the scheduled hours where possible.

AppointmentsFace to face appointments are offered to clients who require the use of an interpreter, have a disability or for any other reason are unable to make contact with the Centre via the telephone. We are wheelchair accessible.

The Centre has a Thursday night (held weekly) and a Friday afternoon roster (held fortnightly) roster staffed by local volunteer solicitors where community members can make an appointment to see a solicitor for face-to-face advice.

Appointments for Financial Counselling, Welfare Rights and Tenancy are made by phoning the service.

Community Legal EducationApart from casework the Centre has a strong focus on community legal education (CLE) and offers training seminars and workshops targeted to both workers and the general public.

Law & Policy ReformThe Centre also conducts law and policy reform work. The Centre has a strong tradition of research, consultation and submission writing in areas of policy and law which affect our client groups.

*The totals here include tenancy clients who are not asked the other questions.

TELEPHONE ADVICE TIMES (Office closed 1 – 2pm daily and Thursday 9am – 2pm)

Monday Tuesday Wednesday Thursday Friday

GENERAL LAW 4276 1939 2.30 - 4.30pm 10 - 12 noon 2.30 - 4.30pm Hours of operationThe Centre is open to the public on Monday, Tuesday, Wednesday and Friday from 9.00 am until 5.00 pm and on Thursday from 2.00 pm to 5.00 pm.

It is closed every day between 1.00 pm and 2.00 pm.

TENANTS SERVICE 4274 3475 1800 807 225

Call anytime to make a call-back appointment - A call-back advice service is available

FINANCIAL COUNSELLING 4276 1939 Call anytime - to make an appointment face-to-face

WELFARE RIGHTS 4276 1939 Call anytime - A call-back advice service is available

CHILD SUPPORT 4276 1939 Call anytime - A call-back advice service is available

CLIENT DEMOGRAPHICS

GENDER* AGE INCOME SCALE

Family Living with Dependent Children Living

at HomeLow

English ATSI Disability

M F <18 18-34 35-49 50-64 65 & over Low Med High Single Couple

1019 1707 9 490 662 489 165 1696 230 54 493 383 31 96 562


The Year in Review

Number of People Accessing our Services 7,106

We reach approx. 5,375 people annually with legal advice and casework and 1,731 people who attended community Legal Education sessions. (CLE ses-sions with attendances ranging from 5 to 250)

In 2014-2015 ILC provided the following activities:

Information 1,633Advice 3,259Case Work 483Community Legal Education Sessions 60

HOW DID PEOPLE HEAR ABOUT US?

Self/ friend/relative/neighbour 626Consumer Affairs/Fair Trading 110Community Support (Other) 105Govt Dept 58Legal Aid Commission 49Law Access 43Website 36Health Professionals (Drs etc) 35Anglicare 31Mission Australia 27Legal Services 25Tenancy (TAAP) 24Family Relationship Centre 23Family Court Counselling 21Local Court 20Financial Counselling Assoc NSW 20Fair Work Australia 19Community/Neighbourhood Centres 18

Illawarra Women’s Health Centre 18Telephone Book 16ILC Brochure/workshop 12SAHSSI 11Women’s Refuges 10Housing Dept 10Kedesh Rehabilitation Centre 9Care South 9Media 6Govt Health Dept 6Local Govt 6Counselling Service 5Creditworthy 5NCAT 5Police 3Private Legal Practitioner 2Other 152

left to right: Linda Tucker, John Littrich, Jordan Power. Belinda Hawker, Phillip Dicalfas, John Corker.

Four Year Trend Report for Centre Activities

Four Year Trend Report for Centre Activities

4000

3500

3000

2500

2000

1500

1000

500

0

Information Advice Open cases Opened cases Closed cases

2011-2012

2012-2013

2013-2014

2014-2015

8

Country of birth by region other than Australia/NZ 2014/15

44

17

10

66

Europe (44)Asia (17)Middle East (10)Nth & Sth America (6)Africa (6)

Country of birth by region 2014/15

Australia/NZ (1390)Europe (44) Middle East (10)Nth & Sth America (6)Africa (6)Asia (17)

1390

44 10 6 6 17

Ian Turton (ILC Solicitor) being interviewed

Country of birth by region 2014/15 Country of birth by region other than Australia/NZ 2014/15Country of birth by region other than Australia/NZ 2014/15

44

17

10

66




1390

44 10 6 6 17

Country of birth by region other than Australia/NZ 2014/15

44

17

10

66




1390

44 10 6 6 17

FUNDING INFORMATION

Project Name Amount Per Annum % of Total

2014-2015Research Project 37,000 2%

Cth - Legal Aid - Care & Protection 14,250 1%

Cth - DFACS&IA - Financial Counselling Gambling 175,865 10%

Cth - Family Relationship Centre 23,064 1%

PPF - Legal Aid - Aboriginal Legal Access Program 37,500 2%

PPF - Legal Aid - Children’s Court Assistance 41,924 3%

State Top Up - Legal Aid Children’s Court Assistance 14,626 1%

Cth - Legal Aid - Welfare Rights 100,277 6%

Cth - Legal Aid - Generalists 159,411 10%

State - Fair Trading - Financial Counselling 273,676 16%

State - Fair Trading - Financial Counselling Aboriginal Support 20,273 1%

Cth - Legal Aid - Child Support 183,748 11%

State - Legal Aid - Generalists 219,650 13%

State - Fair Trading - Tenancy 374,823 22%

1,676,088 100%


Ray Clack - ILC Secretary Belinda Tucker - ILC Treasurer

Cases 2014-15

180

160

140

120

100

80

60

40

20

0Financial Counselling Welfare Rights Generalists Tenancy Child Support

158

102110

46

67

Cases 2014-15

2 Year Comparison of Cases

Cases 2013/14

Cases 2014/15

600

500

400

300

200

100

0 Financial Welfare Rights Generalists Tenancy Child Support TOTAL Counselling

2 Year Comparison of Cases

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OUTREACHES

Generalist1. Kedesh Rehabilitation Services, Berkeley Reduced from every 2nd month to every 4th month in early 2015.2. Illawarra Women’s Health Centre, Warilla Approx fortnightly.

Youth3. Port Kembla Children’s Court Youth Outreach Weekly.4. Port Kembla Children’s Court (Children’s Court Assistance Scheme) Weekly.

Financial Counselling5. Kedesh Rehabilitation Services, Berkeley Reduced from every 2nd month to every 4th month in early 2015.6. Community Centre, Corrimal Weekly.7. Anglicare, Wollongong Twice a week.8. Community Centre, Warilla Twice a week. Was located in the former Council Chambers until late 2014.9. Ribbonwood Centre, Dapto Weekly.10. Community Centre, Unanderra Ended mid 2014.11. Uniting Church, Gerringong Ended mid 2014.

Tenancy12. Murra Mia, Batemans Bay Best described as an office. Approx 4 -5 days per week.13. Homeless Hub, Wollongong 2 days/week.14. NCAT, Nowra Duty advocacy. Fortnightly.15. NCAT, Bega Duty advocacy. Fortnightly.16. NCAT, Wollongong Duty advocacy. Weekly.

Aboriginal Access17. Coomaditchie, Port Kembla Weekly but temporarily suspended from October 2014.18. Aunty Mary Davis Centre, Warilla Weekly but temporarily suspended from October 2014.19. The Land, Windang Fortnightly but temporarily suspended from February 2015. Moved from Aunty Mary Davis Centre, Warilla in late 2014.

Welfare Rights20. St Vinnies, Oak Flats Approx fortnightly.21. Illawarra Multicultural Services, Wollongong Monthly but only operated from late 2014 to mid March 2015.22. Shoalcoast Legal Centre, Nowra From early 2015. Approx fortnightly.

Benjamin Dougal - Legal Aid and Maroun Germanos - ILC Financial Counselling Team Leader Truda Gray - ILC Coordinator and Judy Stubbs - ILC Chairperson


Subcontracting arrangements• LifeLine South Coast – subcontracted to deliver Financial

Counselling Services to southern local government areas of Illawarra region.

• Southern Youth & Family Services – subcontracted to provide support at the Port Kembla Children’s Court as part of our Chidren’s Court Assistance Scheme (CCAS).

• Legal Aid – Early Intervention Unit – subcontracted to provide legal advice to the Family Relationship Centre (Wollongong).

Premises provided by• Wollongong City Council – Provide our main office building

at Warrawong which houses 23 staff.

• Murra Mia Tenant Advice Service – Provide our permanent outreach office at Batemans Bay (1 staff member)

• Wollongong Homeless Hub – provide our Tenant’s Service with a room at the Hub 2 days per week

Rooms for outreaches are provided to us by• Anglicare (Wollongong)• St Vincents (Oak Flats)• Illawarra Multicultural Services (Wollongong)• Illawarra Women’s Health Centre (Warilla)• Kedesh Rehabilitation Service (Berkeley)• Shoalcoast Legal Centre (Nowra)• Legal Aid (Nowra)

Seconded Workers for our Children’s Court Assistance Scheme fromYouth Drug & Alcohol Service (Y-DAS)

Warrawong Community Development Project

Southern Youth & Family Services

Wollongong Youth Centre

Interchange Illawarra

Pro Bono Solicitors fromDawson Lawyers DGB LawyersRussell McLelland Brown (RMB Lawyers)Williamson IsabellaMaquire & McInerneyCarroll & O’DeaHansons LawyersVerekers LawyersKells the LawyersLegal Aid NSWHelen Volk LawyersTurner FreemenHilton King SolicitorsGadens LawyersCreswick McCarthy

PartnershipsILC has the following partnerships:

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left to right: Maxyne Graham (Warrawong Community Project), Maroun Germanos (ILC), Phillip Dicalfas (ILC)

NetworksSector Based NetworksCLCNSW Coordinators & DirectorsCLCNSW Sector Development CommitteeCLC NSW Rural, Regional and Remote CommitteeCLCNSW Practice Issues Committee (PIC)Community Legal Education Worker’s (CLEW) NetworkChildren’s Court Assistance Scheme (CCAS) State NetworkNational Welfare Rights NetworkShoalcoast CLC / Macarthur CLC

Local /Community NetworksIllawarra Aboriginal Community Based Work Group (IACBWG) – Law and Justice ClusterShellharbour Council Liaison CommitteeSouthern Suburbs Taskforce (SSTF)Wollongong Youth NetworkPort Kembla Court Users MeetingIllawarra ForumIllawarra Multicultural Services Network (IMS)Illawarra Refugee Issues Forum (IRIF)Multicultural Advisory Committee (MAC)Careways Community NetworkDomestic Violence Interagency Kiama /ShellharbourYouth Justice CoalitionWarrawong Community CentreWollongong Legal Information Network (WLIN)

Tenancy Networks And InteragenciesTenancy Legal Working PartyIllawarra Social Housing ForumNCAT Consultative ForumResidential Parks ForumTenancy Advice and Advocacy Program (TAAP) NetworkHousing and Mental Health Agreement /District Implementation & Action CommitteeWollongong Homeless HubFar South Coast Homelessness NetworkCooperative Legal Services Delivery (CLSD)


ILLAWARRA LEGAL CENTRE GENERAL CATCHMENT

ILLAWARRA LEGAL CENTRE TENANCY AND WELFARE RIGHTS CATCHMENT

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STAFFCatherine O’Neill - Finance/Administration Manager Judith Lloyd – Bookkeeper Vesna Horley – Front Desk/ IT WorkerEunice Harding – Front Desk / Data Entry / File ManagementWendy Mills – Front DeskEleonora Raseni – Data Entry / File Management (on leave)

The Financial/Administrative team of the Centre is responsible for our financial accountability, record and file management, information technology and administrative support for all the Centre’s services.

This year, whilst still busy, was a more settled year with the retention of staff and less disruptions to workloads. In previous years we have had disruptions such as moving offices for roof repairs, troubleshooting of new IT equipment such as our VOIP phone systems and staff on extended leave.

This year, whilst we still had an office change to secure a more private location, it was undertaken prior to the closure of the Christmas period and it went beautifully with the assistance of fellow team-mates such as Truda, Lucy, Judy, Wendy, Eunice, Maroun and of course the removal guys.

Special thanks to Maroun who always provides assistance at a minute’s notice, with a “no job is too big or small” attitude.

Our future challenge is to ensure that we have adequate staff to cover both the front desk and data-entry positions. Currently, Wendy and Eunice hold these two positions with no other staff trained who are readily available.

FINANCEThe finance team consists of Judith and Catherine.

Akele Kinnas & Co completed an Internal Control audit and results were presented to the Management Committee in the latter part of 2014 year.

The Commonwealth Department of Social Services put the Centre’s Financial Counselling Commonwealth funding up for re-tender this year. Part of the funding was of a non-competitive nature, Problem Gambling Support, and this was retained by ILC. The other part was competitive tendering for The Financial Counselling and Capability program and ILC was unsuccessful. Overall we lost 3 days of funded service.

The Financial Management Policy & Procedure is also in the process of being revised in line with relevant legislation, current practices, delegations and authorities chart, revised EA and best practices.

Judy, our bookkeeper keeps the accounts and payroll running throughout the year. This year Judy has also formulated a training schedule to keep track of training and the various costs associated with the training of staff.

Judy is a great team player and is an invaluable member of the team and I would like to thank her for all her efforts this year.

ENTERPRISE AGREEMENTThis year the Enterprise Agreement (EA) is still a work-in-progress. The challenge with the EA is ensuring that the National Employment Standards (NES) are being met along with any other award changes. As the EA dates back to 2009 there have been some significant changes that need to be captured in the revised EA. Another challenge with the EA is the pay table that sees ILC still transitioning from the Social and Community Services Award (SACS) Social Community Homecare and Disability Services Award

left to right: Catherine O’Neill, Judy Lloyd, Vesna Horley, Eunice Harding, Wendy Mills, Eleonora Raseni

Administration / IT


(SCHADS) to the modern award pay rates along with the equal remuneration order. This shall continue to be a nightmare until the transitioning period is completed.

DATA ENTRYOur data entry staff predominately manage all the data entered into our database, CLSIS, that enables ILC to carry out conflict checks and produce service reports as required. Tenancy files are also entered into CLSIS as well as Tenancy staff entering the data into their own file management system called “Filemaker Pro”. Currently theses files are double handled to ensure that conflict checks are maintained on the one common database.

As of the 1st Oct 2015 Tenancy shall have a new database. CLSIS the database for Legal Aid, is also under-review and shall be replaced by another database at some point in the future.

Archiving is currently collated once or twice a year. Files are archived by the data-entry person and sent off-site in a hard-copy format and retrieved as and when required. Long-term ILC may review archiving in a soft copy format.

Eunice, our data entry person has done a great job in not only handling the data-entry but also juggling this job with the front desk position and back-filling this position as required.

INFORMATION TECHNOLOGYThe Information Technology (IT) team consists of Vesna and Trevor Collier and Patrick and Ben from Max Computing.

Vesna currently does 2 days a week in house here at ILC. Trevor, who was previously employed at ILC, has kindly remained as an adviser for our IT and his assistance as such has been invaluable.

Overall the IT costs are increasing significantly due to the complex nature of the ILC IT environment. Substantial IT time is involved in setting up new computers, some of which is carried out internally by ILC and the remainder by our external service providers Max Computing.

This year CLSIS had issues around the backup system. As the back-up system failed to work twice in August and September 2014, data in CLSIS was lost as a result. Considerable time was spent on troubleshooting the problems, retrieving lost data and ensuring that that future back-up systems could be relied upon. Inevitably as a result and due to other IT issues Windows shall be placed on the Mac server in the immediate future.

Big thank you to both Vesna and Trevor for all their efforts throughout the year around IT as well as those staff from Max Computing.

FRONT DESKThe front desk team consists of Wendy and Eunice.

The reception/front desk is central to the work of the Centre. The reception is the first point of contact for people seeking assistance. The front desk has the role of identifying the nature of the person’s enquiry and making the appropriate referral to our ILC services or to services outside the Centre. Handling phone referrals, (over 1,000 per year), ILC messages, drop-in visitors and phone advice intake makes for a demanding and often hectic work environment.

This year has seen an increase in the number of walk-ins for ILC. This could be put down to the changes to the front court yard area of the building which has had a face-lift with new seating, pavements and plants. These changes were under-taken by Wollongong City Council in consultation with ILC and Warrawong Community Centre and have made a far more inviting space for people.

ILC seeks to provide a welcoming reception and we acknowledge the extraordinary work of Wendy and Eunice.

ACKNOWLEDGEMENTSI would like to take this opportunity to thank all the Administration team Eleonora, Vesna, Wendy, Eunice and Judith who show a high commitment to their work but also collectively make a great team of people to work alongside.

Wendy Mills at front reception desk

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Community Legal Education (CLE)

Linda Tucker (CLE worker) Jenna McConnachie (locum) Linda Brazier (locum)

It’s been an exciting year for CLE at Illawarra. Once again we were able to call on Linda Brazier to act as locum in early 2015 and then Tenancy advocate Jenna McConnachie stepped in to the role while Linda Tucker was acting as Centre Coordinator. Thanks to both of them for keeping CLE humming along.

Our generalist service provided 50 CLEs to a wide range of groups and we revamped our promotional materials and worked hard on raising our profile via plenty of community networking, increasing our online presence through our website and on Facebook, and with regular media coverage in print, radio and TV.

We delivered CLEs and promoted ILC all over the Illawarra. We presented to Arabic, Cambodian, Congolese, Farsi, Greek, Portuguese, Serbian and Vietnamese speakers; to Aboriginal community groups, to refugees, to frontline workers in social services, to youth groups and University of the Third Age, to single mums and men’s groups, to TAFE students and volunteers and Board members of community organisations.

OUR CLESMost of our CLEs are in response to requests from the community, but we also organise our own sessions in response to issues arising, such as from our own casework or where we see a need in our networks.

We presented on discrimination law for community workers in November 2015, where we had a strong response for attendance. It was a very engaged group who made the most of the chance to update their knowledge and network with each other.

We approached Illawarra Forum with an offer to present on WH&S issues for community organisations and their Board members after concerns were raised with us by some community caseworkers about the level of awareness of WH&S responsibilities in their workplaces. This became a popular presentation which we ran three times.

Illawarra Forum also approached us to present on ‘Speaking with Authority’ for public housing tenants and these were all very lively sessions with plenty of participation from the groups.

We also collaborated with other organisations for some of our CLEs. In February we teamed up with Ashurst Solicitors to present an Aboriginal Wills Workshop at the Aunty Mary Davis outreach at Warilla. All of those who attended were convinced of the need for Aboriginal people to have wills and we have since followed up with other Aboriginal groups in the area to talk about the importance of this issue. We were interviewed on the ABC Illawarra morning program about the importance of having a will and specific issues for intestacy for Aboriginal people.

Following a meeting with the SESIAHS Drug and Alcohol education officer late last year we teamed up to present a series of CLEs over several months in 2015 on issues including mental health and the law, police powers and traffic law.

We also collaborated with Inner City Legal Centre for its Safe Relationships Project – LGBTQI & DVF – in Port Kembla with five ILC staff giving detailed presentations on their specialist areas alongside Inner City’s sessions.

ONLINE LEGAL INFORMATION RESEARCH PROJECTPersistence also paid off in our efforts to fund the research project

‘Qualitative Assessment of Online Legal Materials’. It was third time lucky with a philanthropic organisation providing the funds for this project, which will take place in the second half of 2015.

We will be working with Warrawong Community Centre, Southern Youth and Family Services, Wollongong Library, University of the Third Age and Port Kembla Men’s Group. We are again teaming up with Wollongong University law students who will work with us as part of their Public Interest Law program.


CULTURAL FISHING RIGHTS PROJECTHighlights for the year include the work we did with the Aboriginal community on cultural fishing rights, a much closer engagement with local Aboriginal organisations and our success in obtaining funding to undertake qualitative research on online self help legal materials.

In late November, after several meetings and much consultation with local community members, ILC presented a ‘Know Your Fishing Rights’ workshop to the Aboriginal community. We also invited Fisheries representatives as another important aspect of this project is to look at whether relations between Fisheries and the community can be improved.

The session with the Fisheries representative was very constructive. Previous attempts at formal consultation by Fisheries have failed because of the poor relationship and everyone agreed that the workshop was the best interaction each side had yet had with the other.

This project moved up a gear in 2015 after another successful workshop in Wollongong at which Illawarra Local Aboriginal Land Council attended and it was agreed that we should hold a major cultural gathering. This turned into a three day event at Killalea campground – a beautiful setting by the sea – at the end of June.

Around 150 people attended with plenty of elders representing 9 of the 14 Yuin clans from La Perouse down to the Victorian border. This was an unprecedented gathering and we were so excited to witness many of the elders meeting for the first time. We also had excellent support from Wollongong University with 8 law students volunteering their time to act as scribes for the event over the 3 days. We had extensive media coverage for this project, including programs on Radio National, ABC TV, ABC Illawarra and local print media.

As a result of this gathering, further meetings have been organised along the south coast and ILC is now taking a backseat with Fisheries and the Aboriginal community now working together on developing better consultation models.

Traditional owners and elders from the Yuin Clans

Traditional owners and elders from the Yuin Clans left to right: Jenna McConnachie (ILC), Locky Auld (UOW Vol), LindaTucker (ILC), Nathan Bowen (UOW Vol) and Sarah Tait (UOW Vol)

Community Legal Education (continued)

18

LAW WEEK

left to right: Jenna McConnachie (ILC), Locky Auld (UOW Vol), LindaTucker (ILC), Nathan Bowen (UOW Vol) and Sarah Tait (UOW Vol)

ILC staff, visitors and Law Week stall in Wollongong Mall

MEDIA JULY 1 2014 – JUNE 30 2015 Date Topic Outlet Project16.7.14 Court Scheme spared the axe Illawarra Advertiser CCAS

7.14 Wider Work Obligations punishing Illawarra Mercury Welfare rights

20.8.14 Many living on the edge Illawarra Mercury Financial Counselling/ Generalist

7.8.14 Revamp makes laneway an asset Illawarra Mercury Generalist

9.11.14 Child support laws Illawarra Mercury Child support

2.2.15 Importance of wills for Aboriginal people/ promotion of Aboriginal wills workshop: Linda Tucker interviewed.

ABC Illawarra Radio Generalist

9.2.15 Social Housing Discussion Paper – Wollongong forum: Warren Wheeler interviewed.

ABC Illawarra Radio Tenancy

9.2.15 Social Housing Discussion Paper – Wollongong forum: Warren Wheeler interviewed.

WIN TV Tenancy

10.5.15 Boarding House Hotline Illawarra Advertiser Tenancy

23.3.15 Introduction of a welfare card – Ian Turton interviewed for Mercury article

Illawarra Mercury Welfare rights

24.3.15 Introduction of welfare card – Ian Turton interviewed

Wave FM Radio Welfare rights

28.3.15 “Legal Service Keeps funds” quotes Truda Gray and Phillip Dicalfas

Illawarra Mercury Generalist/Admin

28.4.15 HNSW intend to introduce rental bonds for tenants: Warren Wheeler interviewed

ABC Illawarra Radio Tenancy

13.5.15 Legal Help Spotlit Illawarra Advertiser Generalist

8.6.15 Help for those living in boarding houses Illawarra Advertiser Tenancy

17.6.15 Cultural Fishing Rights Gathering – Linda Tucker interviewed

ABC Illawarra Radio CLE

29.6.15 Cultural Fishing Rights Gathering – Linda Tucker interviewed

Kiama Independent/ Lake Times

CLE



COMMUNITY LEGAL EDUCATION ACTIVITIES

Location / Organisation Topic Est no. attendees

St Vincent De Paul Welfare Rights 30

NAIDOC, Greene St Warrawong – ILC stall General info on ILC 50

NAIDOC, Windang – ILC stall General info on ILC 60

Wollongong Hospital Disability CarersFraternity Club, Fairy Meadow

Wills, POA, Guardianship, Trusts 20

Nowra Family Support Social Security Law Welfare Rights 25

Shellharbour TAFE, Community welfare students Advocacy 30

McKillop Family Services, Bega General tenancy and service presentation 6

National Telelink for Wesley Mission Social Security Law 50

Financial Counsellors Association Conference Welfare Rights 30

Southern Youth and Family Services, Warilla Social Security changes, Newstart penalty provisions, ILC welfare rights project 50

Moruya High School Shackin’ Up 10

Moruya High School Shackin’ Up 8

Navitas, Wollongong, General legal info, intro to ILC 25

TAFE Wollongong Work effectively in the community sector, for Skills, Vocational students 20

Mental Health Week – Greene St with Warrawong Community Centre General legal info 98

Telelink for Wesley Mission Q+A on social security law and policy for financial counsellors 52

SESIAHS Carers Group Planning Ahead – wills etc 7

Bega Services Showcase 15

Illawarra Forum, public housing tenants group, Wollongong Library Speaking with Authority 20

ILC-generated, for community workers, Foundery, Port Kembla Disability Discrimination Law Workshop for caseworkers 25

20


Delegation Chinese bureaucrats, Sydney (via NWRN) The Australian social security system 24

ILC-generated for Aboriginal community (with Indigenous Community Links) at Windang Know Your Fishing Rights 15

Wollongong Homeless Hub Rent It, Keep It 10

St Vincent de Paul, Corrimal Financial Counselling 25

With Legal Aid, Holy Spirit High School, Bellambi Cyber Safety 240

Aunty Mary Davis Centre, Warilla, ILC with Ashurst Solicitors Aboriginal Wills Workshop and drafting wills 15

Aunty Mary Davis Centre, Warilla, ILC with Ashurst Solicitors Aboriginal Wills Workshop and drafting wills follow up session 15

SESIAHS Drug & Alcohol carers group Mental Health, Drugs and the Law 15

Wollongong TAFE, social work students Advocacy for community workers 40

Southern Cross Community Housing Rent It, Keep It 15

With Indigenous Community Links and NSW Fisheries, Illawarra Aboriginal Corporation, Wollongong

Cultural fishing rights 20

Warrawong Community Centre, Warrawong Mobile phone and internet plans, payments 10

Wollongong TAFE Advocacy 10

SESIAHS Drug & Alcohol carers group, Shellharbour Young people and the law 20

SESIAHS Wollongong Hospital Social Work, Fairy Meadow

Planning Ahead – wills, POA, guardianship 15

SAHSSI ILC general information and services 40

Barnados Aboriginal Play Group – Bellambi Family Law 3

SESIAHS Drug & Alcohol carers group, Port Kembla

Youth criminal justice, Drug and Alcohol laws and police powers 25

Illawarra Health Centre Warilla – single mums support group Family Law- single parent rights 4




Cringila Co-op Womens group Grandparents/grandchildren contact after divorce, etc 10

FACS Care & protection 30

Ulladulla Community Centre General tenancy rights 30

Barnados Payday lending 12

SESIAHS Portuguese Carers GroupWarrawong POA, Guardianship 10

Barnados Aboriginal Play Group – Port Kembla Family Law 3

Batemans Bay Community Centre General tenancy rights 15

Barnados Aboriginal Play Group – Mt Warrigal Family Law 7

SESIAHS Drug and Alcohol Carers Traffic Law 20

LAW WEEK stall in Wollongong Promotion of ILC services 15

SESIAHS Wollongong Hospital Social Work, Disability Trust, Shellharbour

Planning Ahead – wills, POA, guardianship 15

Kedesh Rehabilitation Services, Berkeley Overview of legal service at ILC (every 8 weeks) 25

University of Wollongong Careers Expo Promotion of ILC services 20

Koori Men’s Group, Albion Park Rail Wills for Aboriginal people 12

Homeless Hub, Wollongong Breakfast program 3

Illawarra Forum, Oak Flats WHS for community organisation board members 12

U3A Shellharbour Planning Ahead – wills, POA, guardianship 90

Illawarra Forum, Nowra WHS for community organisation board members 10

The New Outlook – Richmond PRA ILC services 10

Blue Haven Care – carers group, Kiama ILC services 20

Traditional Owners Gathering, Killalea Cultural fishing rights 150-200


1,731 People reached through CLE activities (not counting media articles)


22

Aboriginal Legal Access Program (ALAP)

Della Chaounne Caryn Carpenter

STAFFDella Chaounne - Aboriginal Access Worker (resigned January 2015) Caryn Carpenter - Aboriginal Access Worker (locum from February 2015 to June 2015)

STAFFINGDella resigned from the ALAP position in January 2015 and Caryn Carpenter, who is the ALAP worker at Shoalcoast Legal Centre, joined ILC as a locum from February 2015.

Caryn was able to provide important cultural advice and support in the preparation and planning of the cultural fishing rights gathering in June 2015 as well as in the follow up meetings between local traditional owners and NSW Fisheries. Caryn updated our leaflets and flyers and picked up on the many elements of the ALAP position that come up day to day

Caryn covered the position in both Shoalhaven Legal Centre (in Nowra) and Illawarra Legal Centre while she was with us and it was excellent to have joined up coverage of the Aboriginal community throughout the Illawarra and South Coast.

The Illawarra Legal Centre (ILC)’s Aboriginal Legal Access Program (ALAP) workers undertook their role via a range of community engagement projects and outreaches as well as participation in local Indigenous events throughout 2014 -2015.

Part of the role of the ALAP worker is to act as a liaison and support person for Aboriginal clients who are seeking legal assistance. The ALAP worker listens to the concerns and needs of the local Aboriginal community and identifies strategies to encourage local people to seek legal advice. At the same time, this program aims to enhance the capacity of the ILC to provide effective, culturally appropriate services to Aboriginal people.

CULTURAL FISHING RIGHTS PROJECTThis was important for ILC over the past year with the ALAP worker collaborating with our community legal education program in the development of our cultural fishing rights project (see Community Legal Education (CLE) report in this Annual Report). This project greatly increased ILC’s profile in the local Aboriginal community with the ALAP and CLE workers both meeting regularly with the Illawarra Local Aboriginal Land Council in preparation for the major cultural fishing rights gathering in June 2015.

COMMUNITY ENGAGEMENTOur ALAP worker also undertook regular outreach at Coomaditchie United Aboriginal Corporation and Indigenous Community Links (Aunty Mary Davis Outreach Centre) and promoted ILC via visits to other local services.

In the development and distribution of new promotional flyers and posters for the program, we are very happy to be able to use the beautiful artwork of local elder Aunty Lorraine Brown from Coomaditchie in our new ALAP promotional materials.

Thanks to our locum Caryn, for her great work in organising, designing and distributing these flyers.

The Aboriginal Legal Access program is run in a number of community legal centres throughout NSW and the ALAP workers attended the quarterly meetings of the ALAP Group, the Aboriginal Rights Working Party and the ‘Yarn Up’ session, which is a meeting of all Aboriginal employees throughout the sector.

ILC regularly attended the Illawarra Aboriginal Community Based Working Group (IACBWG) meetings as its Chairperson. The IACBWG is a network of Aboriginal and non-Aboriginal people from a range of government, non-government and community organisations that meet once a month to network and exchange information about service delivery to Aboriginal people in the Illawarra.

24

Our ILC ALAP worker also attended the Local Decision Making (formally Regional Partnership Agreement) meetings as the representative from IACBWG.

NAIDOC WEEKThe National Aboriginal and Islanders Day Observance Committee (NAIDOC) week of events bring together many local organisations and community members and provides an excellent forum for us to promote our legal services and engage the Aboriginal community. We held stalls at the Warrawong NAIDOC event and the NAIDOC Family Fun Day held at The Land in Windang. In July 2014 Della attended the NAIDOC week celebrations throughout the area. NAIDOC is a major event and Della and other ILC staff were able to provide information and various goodies to the dozens of people who dropped by our stall over the day.

WILLS WORKSHOPSWe started talking to the community about wills for Aboriginal people and in February 2015 ILC teamed up with Ashurst Lawyers to present a wills workshop. We have had further meetings with the community about the importance of wills and are planning more wills workshops in future.

AURORA INTERNILC hosted Kate Lyle for 6 weeks as a legal intern under the Aurora Native Title Internship Program in June-July 2014, which gave Kate the opportunity to work closely with our ALAP program and other ILC staff.

Kate was able to attend outreach services, work with staff on Aboriginal fishing rights, attend the IACBWG meeting and assist the Generalist Law team with Aboriginal client files.

The aims of the ALAP Program are to: give Aboriginal people better access to legal services increase the number of Aboriginal people receiving legal services improve and enhance the capacity of the ILC to provide effective,

inclusive and culturally appropriate services increase awareness among the Aboriginal people of their legal rights. At ILC, our professional team of people aim to offer the best possible advice and help to the Aboriginal Community. The ALAP worker will create an awareness of the services that are available at the ILC, to the Aboriginal Community. The ALAP worker acts as a liaison between the Legal Centre and the Aboriginal Community. The ILC has a long-standing reputation within the Illawarra as a

service that responds to the emerging needs of the whole community. The ILC offers help and advice in the following areas: Financial Counseling (credit & debt, gambling) Welfare Rights (Centrelink) Parents receiving child support Tenants’ Services Children’s Court Assistance Scheme General Law (victims’ support, discrimination) Community Legal Education Police Complaints (writing, lodging, follow-up) Wills information

Illawarra Legal Centre 7 Greene Street Warrawong NSW 2502 PO Box 139 Warrawong NSW 2502 ph: 02 4276 1939 fax: 02 4276 1978 www.illawarralegalcentre.org.au

Illawarra Legal Centre Inc

ABORIGINAL LEGAL ACCESS PROGRAM ALAP


ABORIGINAL LEGAL ACCESS PROGRAM ALAP The aims of the ALAP Program are to: give Aboriginal people better access to legal services increase the number of Aboriginal people receiving legal services improve and enhance the capacity of the ILC to provide effective,

inclusive and culturally appropriate services increase awareness among the Aboriginal people of their legal rights. At ILC, our professional team of people aim to offer the best possible advice and help to the Aboriginal Community. The ALAP worker will create an awareness of the services that are available at the ILC, to the Aboriginal Community. The ALAP worker acts as a liaison between the Legal Centre and the Aboriginal Community. The ILC has a long-standing reputation within the Illawarra as a service that responds to the emerging needs of the whole community.

The ILC offers help and advice in the following areas: Financial Counseling (credit & debt, gambling) Welfare Rights (Centrelink) Parents receiving child support Tenants’ Services Children’s Court Assistance Scheme General Law (victims’ support, discrimination) Community Legal Education Police Complaints (writing, lodging, follow-up) Wills information

Illawarra Legal Centre 7 Greene Street Warrawong NSW 2502 PO Box 139 Warrawong NSW 2502 ph: 02 4276 1939 fax: 02 4276 1978 www.illawarralegalcentre.org.au


STAFFPhillip Dicalfas - Principal SolicitorLucy Houweling - Generalist & Care and Protection Solicitor (P/T)Karyn Bartholomew - Generalist & Care and Protection Solicitor (P/T)Carolyne Turner - Child Support SolicitorJudi Teesdale - Locum Child Support Solicitor

Client ServicesADVICEThe General Law Project offers the following advice services:

• phone advice sessions on general legal matters

• phone advice covering child support, available as required

• appointment sessions with a volunteer solicitor one afternoon each fortnight for clients who require an interpreter, have a disability or some other need for a face to face interview

• appointment sessions with volunteer solicitors every Thursday evening.

OUTREACHES• appointment sessions at the Illawarra Women’s Health Centre

every 2nd and 4th Tuesday of each month

• drop-in sessions at Kedesh Rehabilitation Services which includes a community legal education session every two months (shared with our financial counsellors)

• youth law outreach at Port Kembla Children’s Court.

Ann Woods, a volunteer solicitor and registered migration agent, continues to give free migration advice at the centre on a monthly basis.

Volunteer law students have continued to assist staff and volunteer lawyers during the Thursday evening advice roster.

Carolyne Turner Judi Teesdale

General Law Service

Phillip Dicalfas Karyn Bartholomew Lucy Houweling

EmploymentConsumer Complaints

Family LawRoad traffic offences

InjuriesMotor Vehicle

WillsGuardianship/Power of Att

DiscriminationContracts

Neighbour DisputesCriminal

ImmigrationGovt Admin Complaints

0 20 40 60 80 100 120 140 160 180 200

Main Advice Problem Types – GeneralistMain Advice Problem Types – Generalist

26

CASEWORKThe general focus of the Centre’s casework is to target those whose access to justice is significantly challenged. The generalist team provides advice and representation to clients in the following areas of law:

• discrimination• victims’ support• some AVO applications• debt matters where the creditor is a financial

institution• child support• employment matters• care and protection• and other matters of public interest

Casework trendsIn 2014-2015 the general law project gave over 800 advices.

The team has continued to adopt a strategic approach to casework so that limited resources can be focused on matters that have a strong social justice element. Much of the centre’s work is in civil matters not traditionally taken up by private solicitors.

The team has provided advice and representation in discrimination matters and acted in complex victims’ support matters that typically involve childhood sexual assault and domestic violence that were never reported.

Employment and DiscriminationDuring the year the Centre continued to receive calls from people who had been unfairly dismissed. The Centre advised these people and acted for some under the Fair Work laws.

Case Study 1One interesting matter involved two female employees who were selected for redundancy while a third, male, employee was retained. The complaints could have been dealt with either as a breach of the Fair Work Act, or of the Sex Discrimination Act. An election was made to file complaints in the Australian Human Rights Commission alleging discrimination on the basis of age and sex, and on the basis of sex (pregnancy). An application for funding for Counsel’s advice was made to the Legal Aid Commission Human Rights Committee. The complaints were dealt with through a telephone conciliation conference, with one settling and the other remaining unresolved.

Case Study 2Another interesting matter involved a breach of the General Protections provisions of the Fair Work Act. The client was dismissed from her new job when she was admitted to hospital for complications arising from surgery she’d had some weeks earlier, before she was employed. The matter was resolved following a face to

face conciliation in the Fair Work Commission, and it was very gratifying to see the Commissioner explain to the employer his legal obligations.

Victims’ Support The team won a number of victims’ support claims including the following.

Case Study 1We succeeded in a victims’ support claim for an Aboriginal client who was the victim of an assault. Initially the Assessor found against our client. We had that decision reviewed by a Senior Assessor who agreed with us that the first Assessor was wrong.

A recognition payment was made to our client for “an assault resulting in grievous bodily harm” under Category C of the Victims Rights and Support Act 2013. The nature of the injury was a 10 centimetre by 10 centimetre square laceration to the leg.

The summary (header) of the first Assessor’s decision said both that the client was a victim of an act of violence and that the client was not a victim of an act of violence. We submitted that the first Assessor’s decision was internally inconsistent. The Senior Assessor found that the first Assessor had actually decided that the client was the victim of an act of violence.

The first Assessor’s decision said both that there were significant issues with section 44(1) of the Act (in the summary/header of the Assessor’s decision) and that there were no issues with section 44 of the Act (in the body of the Assessor’s decision). The Senior Assessor agreed with us that the first Assessor’s decision was internally inconsistent and found that the body of the Assessor’s decision contained the correct finding. Section 44 sets out situations where the recognition payment can be reduced such as failure to cooperate with Police. The body of the Assessor’s decision said the client had cooperated with Police even though other people had failed to cooperate with Police.

We also made the following submissions. The first Assessor said: ‘ … the application for financial support is dismissed.’ However, an application for financial support was never relevant to this matter. In this matter, the only relevant claim was for a recognition payment. However, the Assessor made no comment or finding regarding a recognition payment in the headnote or the Conclusion and Orders.

Finally, the Assessor never dismissed the application for a recognition payment. Under the heading ‘Conclusion and Orders’, there was no dismissal of the application for a recognition payment, only a dismissal of eligibility for financial support, which was not relevant. The Senior Assessor did not need to decide these submissions.

STATISTICS 2014/15

TOTAL CLIENTS710

NEW CLIENTS460

REPEAT CLIENTS200

TOTAL ADVICES803

TOTAL CASES110

CASES CLOSED54


Case Study 2We were successful in a Victims Services appeal to the NSW Civil and Administrative Tribunal (NCAT) for a client who had been assaulted by a neighbour but where no police charges were pressed. This was our first appeal to NCAT under the new law.

Credit and Debt Case StudyWe were successful in getting an insurance company to waive a significant debt for a client who was involved in a car accident but was uninsured.

Fishing RightsCase StudyB was standing at the front of his house with his children when he saw a car drive past taking photos. B was worried about the safety of his children so he followed the car. When the car stopped B asked why they were photographing. An argument followed. The people in the car were from Fisheries NSW and they believed that B had in B’s car abalone and/or fish that were undersize and in excess of the bag limit.

B did not put any abalone or fish into B’s car.

Two days later B was charged by Police with fishing offences. He was also charged with common assault and intimidation in relation to the argument.

The fishing charges did not go ahead. The intimidation charge resulted in a bond.

Our Centre’s involvement in these matters is that we have run community legal education sessions and liaised with Fisheries NSW.

COMMUNITY LEGAL EDUCATIONWith Linda Tucker, our generalist solicitor Karyn devised and presented a CLE – “Disability Discrimination Workshop for Community Workers.”

Mental Health and the Law has been a recurring topic this year

with CLE’s for the Area Health Service to approximately 20 carers and others.

Highlights of our CLE throughout the year include presenting community legal education sessions to:

• clients of Kedesh Rehabilitation Services on areas of law covered by the Centre.

• a group carers of people with disabilities through the Area Health Service on the law relating to power of attorney, guardianship and wills.

• the Vocational Support Network (comprised of organisations with a role in supporting people with a disability transitioning into tertiary education or employment). The presentation was to introduce the Centre to the network, and also to give a brief overview of disability discrimination law and contract law, in particular issues arising when a person lacks capacity to enter into an agreement with a private training college etc.

• year 7 students at Holy Spirit College on cyberbullying.

• about 15 people at the Disability Trust on the Illawarra Legal Centre and wills, powers of attorney and guardianship.

• about 30 people, with the assistance of AUSLAN interpreters, about Traffic Law at Kiama Library.

• about 80 people about the services provided by Illawarra Legal Centre at Care South Berkeley.

• the Area Health Service Carer Program on wills, power of attorney and guardianship.

COMMUNITY ENGAGEMENTFor NAIDOC Day, we held stall in Greene Street Warrawong. This event was reported on the front page of The Wollongong Advertiser.

We put out a media release calling for more or at least continued funding for CCAS. An article published in The Wollongong Advertiser.

The Principal Solicitor was interviewed for an Illawarra Mercury article which appeared the next day (in relation to the retention of our generalist funding).

"I received free legal advice. The solicitor treated my matter in a professional and confidental way".

FREE LEGAL ADVICE

Illawarra Legal Centre

forwomen

Do you need legal help?

FREE LEGAL ADVICE (in most areas of law) from a female solicitor.

Illawarra Women’s Health Centre in Warilla, every 1st & 3rd Tuesday

between 10am to 12 noon. No appointment necessary.

Illawarra Women’s Health Centre2-14 Belfast Ave, Warilla

Phone: 4296 7077

Advice about child support, discrimination, domestic violence, wills & much more!

FREE MIGRATION ADVICE

Illawarra Legal Centre

D o y o u r e q u i r e i n f o r m a t i o n

a b o u t f a m i l y v i s a s , o r n e e d g e n e r a l a d v i c e

a b o u t i m m i g r a t i o n o r c i t i z e n s h i p ?

Phone the IllawarraLegal Centre for a free

appointment with a solicitor who is a registered

migration agent.

When? The second Tuesday of each month by appointment only.

Where? The Illawarra Legal Centre 7 Greene Street Warrawong

Phone 4276 1939 for an appointment.

28

The new edition of The Law Handbook made 3 of the 4 corrections/changes we suggested (on family law, GIPA and the index). The 4th suggestion was only partially corrected so we will be looking to the next edition.

We:• met with Local Councillors at our Centre.• liaised with other community legal centres and other community

organisations in relation to the NSW Disability Inclusion Plan.

• assisted an approved Work and Development Order (WDO) organisation to promote their services online and liaised with Legal Aid NSW about this issue.

• attended a meeting with the Schizophrenia Fellowship to tell them about the type of work we do and hear about their work.

• suggested corrections to a Legal Aid publication on Discrimination referrals.

• attended the annual Goldring lecture at University of Wollongong and met with the law faculty and others about the types of work we do.

• attended the launch of ARAFMI’s website and spoke to some workers present about the types of work we do.

• walked on the White Ribbon Day walk and spoke to some workers about the types of work we do.

• we attended the 2000th loan celebration of the No Interest Loan Scheme at Port Kembla Community Project.

The University of Wollongong Law School presented a Certificate of Appreciation to Illawarra Legal Centre’s generalist solicitors for supporting the Legal Internship Program.

SECTOR DEVELOPMENTThe Principal Solicitor joined the CLCNSW Practice Issues Sub-committee. This is a small group of principal solicitors who assist the convenors of the larger Practice Issues Committee.

We edited a factsheet being prepared by Illawarra Domestic Violence Court Assistance Scheme and updated the CLCNSW Directory.

A number of our staff attended a meeting with 2 staff from the Law and Justice Foundation to discuss law reform etc.

We attended the LAC Care Partners training day in Sydney, being training in Care & Protection (C & P) procedures, and subsequently met with Kate Vassie, the Legal Aid C & P solicitor who has been appointed to be mentor for the Centre in C & P matters.

POLICY AND LAW REFORMVictims SupportWe contributed to questions to be asked by Community Legal Centres NSW of the Attorney General of NSW in relation to Victims Services.

With the Community Legal Centres NSW victims support network, we coordinated a systematic approach to making complaints about Victims Services.

In response to complaints by our Centre we received from Victims Services a written apology in one matter.

In another matter the Acting Commissioner of Victims’ Rights admitted that it was “regrettable” that there had been a delay in the payment of a recognition payment to our Aboriginal client as a result of a wrong decision of an Assessor.

In a third matter the Acting Commissioner of Victims’ Rights acknowledged that an Assessor had made an incorrect decision and said that Assessors have been given feedback to prevent this from continuing.

We liaised with other community legal centres in relation to success rates on review in Victims’ Services matters and section 44 of the Act.

We advised the CLCNSW victims’ support network of the grievous bodily harm finding in our recent case.

Other areasWe made suggestions to Legal Aid NSW on the conduct of a class action by Legal Aid NSW in relation to pay-day lenders.

We liaised with Legal Aid about the possibility of legal action against VET providers.

FEEDBACKA volunteer solicitor Melea Mullard who had volunteer for the past 10 years wrote to us:

“The Illawarra Legal Centre does a fantastic job helping those clients who need it the most, and I have thoroughly enjoyed working with you and your staff”.

We shared our generalist casework guidelines with Darwin Community Legal Service’s Disability Discrimination Advocate who described our guidelines as:

“very impressive…The Illawarra Legal Centre has a great reputation”.

A client who called us for general advice rang back later and said:

“You have all been wonderful. At the end of the day it is so good to talk to somebody who gives a damn!”


Child Support Service

Carolyne Turner Judi Teesdale

The Child Support Project saw staffing changes in the 2014-2015 year. The Child Support Solicitor Carolyne Turner took holiday leave and 12 months leave without pay from 1 February 2015. Carolyne is due back in her substantive position on 1 July 2016.

Judi Teesdale was appointed as solicitor for the Child Support Project in Carolyne’s absence.

Our Child Support Project continues to provide legal advice, assistance and representation to payee parents in a wide range of child support matters. Our Child Support Solicitor continues to provide comprehensive advice and representation in both administrative issues and complex matters relating to child support.

The main areas in this financial year included assisting in:

• change of assessments

• enforcement of arrears

• advice on limited and binding agreements

• representation in parentage matters

• representation in Change of Name applications

• representation at the Social Security Appeals Tribunal

• objections to provisional income provided by the payer.

In addition to these areas there was an increase in advice provided in relation to parenting plans.

One of the most notable functions of the Child Support Solicitor is to empower the client in realising they are important and that they have support to challenge unfair processes. Most of our clients are financially disadvantaged and have suffered financial abuse. Having this service available to them at no charge, assists them with not only their legal outcomes but also their self worth.

This year, the Department of Human Services ceased providing case managers which has been confusing and difficult for clients. The Child Support Solicitor has been required more and more to advocate on behalf of the clients with the Department and to assist them in understanding the Department’s processes. The departmental procedure that sometimes sees the Department sending up to 4 letters at one time for any change has created extra anxiety for clients. This has meant the Child Support Solicitor having to advocate and liaise more frequently with the Department on behalf of clients.

COMMUNITY LEGAL EDUCATION (CLE)The Child Support Solicitor together with the Locum Solicitor prepared and developed 2 new CLE packages on “Changing Parenting Plans into Court Orders” and “Pre Action Procedures for Family Law Matters”.

We provided a training session on child support at the quarterly network meeting of Community Legal Centres NSW. We also conducted 2 other community legal education sessions including one with a packed University of the Third Age (U3A) audience we participated in NAIDOC week by attending an information day stall at “the Land” in Windang.

LAW REFORMA submission was made to the Parliamentary Inquiry into the Child Support Program. The submission raised issues pertaining to 3 areas of the Inquiry being:

The alignment of the child support and family assistance frameworks

The linkages between Family Court decisions and child support policies and processes.

Better outcomes for high conflict families.

The report has now been published and the findings have been disseminated. 25 recommendations have been made.

30

CHILD SUPPORT

STATISTICS 2014/15

TOTAL CLIENTS61

TOTAL ADVICES 35

TOTAL CASES67

OPEN AT START OF PERIOD

37

OPENED DURING PERIOD

30

CASES CLOSED DURING PERIOD

33

NETWORKSWe participated in the NSW Child Support Legal Liaison Meeting. This meeting is facilitated by Legal Aid and provides a forum for discussions around child support matters, implementation of legislative changes and various judicial decisions having an impact on child support matters.

The Child Support Solicitor accepted a position on the NSW Child Support Stakeholder Engagement Group that meets 3 times a year. In addition to this we met twice with the Department’s Families Stakeholder Coordinator, David Prendergast. We talked to him about the functions of the Centre and child support issues.

OUTREACHRecently we have been developing an outreach service in Nowra. A media release is being prepared to advertise the service to be provided once a month. Currently we have assisted over half a dozen clients in the area. It is envisaged the Child Support Solicitor will continue to work cooperatively with Shoalcoast Community Legal Centre and Legal Aid to provide assistance to potential clients in the Shoalhaven area.

AREAS OF ADVICE AND NEGOTIATION

Outstanding Arrears

Case Study AA previously assisted client, single mother of an only child came in to see the Child Support Solicitor regarding arrears that had been accruing. The payer being a retired army officer had underestimated his taxable income and the arrears had risen to just under $20,000, which he was paying off at $200 per month. The Department had negotiated this amount with the payer.

As it was expected that by paying so little monthly the debt would not be paid for a long time, the Child Support Solicitor took on the matter to liaise with Department to get the arrears paid earlier.

The client’s daughter was attending university to do a double degree; the money would be of assistance to her needs.

We went through options available to enforce the arrears such as getting a section 116 certificate from the Department and taking private action in the Local Court or negotiating with the Department through their non-compliance section.

The Child Support Solicitor rang the Department and discussed the client’s situation and the outstanding arrears and arrangements. The Child Support Solicitor relayed information we had from the client regarding the payer’s assets, luxury cars and property owned on an island.

Within two months our client rang and said she had received a lump sum of $19,000 which was all of the arrears. A good outcome for the client.

Liaising with the Department re assessment and sole parental responsibility – Children’s passportsCase Study BOur client, the father of 3 children under 18 years of age had come to Australia with his children on a refugee visa and the mother of his children had left them with the father and gone overseas with another partner and not returned nor been in regular contact for over 12 months.

The father had little knowledge of the legal system in Australia and was in need of advocacy and legal advice.

The father believed he had registered for child support more than 12 months earlier but when the Child Support Solicitor rang the Department it was found that the matter was registered for “private collect”. Therefore the Department was not following up arrears and this was the reason he was not receiving any child support. The Child Support Solicitor changed the collection to “child support collect” and also let the Department know that the mother was overseas. The matter was then referred to international division of the Department so that the matter could be followed up from there.

The father had relatives overseas and one had recently died. He was offered sponsorship to pay for himself and the children to go overseas for 3 weeks for a “lifting of mourning” ceremony. As the mother refused to agree to the issuing of passports for the children, the matter has been taken on by the Child Support Solicitor and is listed for hearing in the near future to enable passports to be issued without the mother’s consent. The Child Support Solicitor is also seeking sole parental responsibility for the father so that the father can make major decisions for the children.


Children’s Court Assistance Scheme (CCAS)

Georgina Pike - CCAS Coordinator

CHILDREN’S COURT ASSISTANCE SCHEME SECONDED STAFFDavid St Quintin - Youth Drug and Alcohol Service (Y-DAS) Emily Deegan - Youth Drug and Alcohol Service (Y-DAS)Maxyne Grahame - Warrawong Community Development ProjectScott Wood - Southern Youth and Family ServicesNathan Hynd - Southern Youth and Family ServicesAny Hans - Southern Youth and Family ServicesEileen Gibson - Southern Youth and Family ServicesLisa Boyes - Southern Youth and Family ServicesMatt Ball - Wollongong Youth CentreErin Masters - Wollongong Youth Centre

WHAT DOES CCAS DO?At CourtAppearing at Children’s Court for the first time, or coming to court again after multiple appearances can be an overwhelming and frightening experience for young people. Whether for the first, or the tenth time, young people need to know that someone will be there to assist them in getting legal advice, care enough to check in with whether and how their social support needs are beinging met and provide a friendly ear to listen if needed. The Children’s Court Assistance Scheme (CCAS) provides that supportive role for young people appearing at Port Kembla Children’s Court each Monday.

The CCAS program is there to meet young people at court and assist them with understanding court processes. But our role often goes far beyond that. A CCAS worker can accompany a young person into the courtroom, particularly if they have no support person with them. While in conversation with young people waiting to see their lawyer or to go into court, we often find out about other issues going on in their lives and can offer to help. Phone calls are made arranging for emergency accommodation; drug and alcohol treatment programs are discussed; flexible learning programs that enable a young person to re-engage with their education are

explored. Many facets of a young person’s life may contribute to their offending behaviour. It is the support they receive outside the courtroom that may make all the difference.

After a downward turn in court numbers, the previous twelve months has seen numbers increase quite dramatically. This has been particularly concentrated in the first six months of 2015, with a 25% increase in appearances. This general trend has not been replicated with Aboriginal young people, who have remained steady, with a slight increase over the past five years. The overall increase in numbers at Port Kembla Children’s Court has reflected a trend we have seen state-wide of a spike in the numbers of young people in detention. Those figures have been concentrated largely in remand numbers, with a 72% increase in young people being held on remand. Whether this trend is due to a tightening of the Bail Act coming into force early this year, or whether other societal factors or policing decisions are having an influence, it is perhaps too difficult and too early to say.

We would like to take this opportunity to extend a very appreciative thankyou to the seconded workers and the organisations who make them available who make up our team of Court Support Workers at the Port Kembla Children’s Court.

Our CCAS team are experienced youth and community workers who are rostered on to work at the Court each Monday. Their experience working with young people and their expertise makes this service of great benefit to the young people attending court whether for the first time or as returnees.

Point of Contact for Young PeopleCCAS workers are there to help young people get linked up with Legal Aid or find their legal advisor, orient them in the procedures of Children’s Court and answer any questions about that process. Why do I have to wait? Can I pop out for lunch? A CCAS worker will be there to help.

32

Children’s Court Assistance Scheme (CCAS)

Longer supportCCAS workers provide a wide range of support to both young people and their families, linking young people to services and being there to address concerns as they come up. Here are but a few examples:

• Assisted young person to have his bail varied with the registry

• Worked with family of young person who was in the cells to see solicitor and Juvenile Justice.

• Attended court with unaccompanied young person

• Gave young person information about youth accommodation services

• Made a referral with young person to Youth Drug and Alcohol Service (DACYT)

• Noticed that a young person was experiencing significant anxiety waiting for his matter. Notified the court mental health care worker and the solicitor, which enabled him to be seen more quickly.

CCAS IN THE COMMUNITYWe have continued to provide education sessions on cyberbullying and sexting in the community. We were well received at Holy Spirit College in Bellambi where Lucy (our youth outreach solicitor) and myself presented to the year seven group. We incorporated a slide presentation, short videos, question and answers and small group work. The young people were asked to explore the concept and

implications of their digital footprint and to think about the choices they make online. The format is dynamic and well-pitched to the age group. We have been asked to return next year.

A growing area of community legal education has occurred in partnership with the local health sector. The South East Sydney and Illawarra Area Health Service (SESIAHS) approached us to do a series of CLE’s on topics of interest to health and community workers. In March and April, I conducted sessions on Young People and the Law, with a focus on changes to secondary supply laws and on Police Powers and drug and alcohol laws. Di Woods, an education officer at SESIAHS, presented the health related information while I covered the legal aspects.

The importance of strengthening partnerships between the health and legal sectors has emerged as an area of growing need. Many people, and young people in particular, are hesitant to approach a lawyer with a legal problem, or they may not recognise that a particular issue can be resolved though the law. Instead, they are more likely to talk to a doctor, counsellor, social worker or youth worker. We need to be meeting their needs by working more closely with the services young people are accessing. We have begun developing educational programs in consultation with the Illawarra Drug and Alcohol Service (IDAS). We are hoping to hold joint sessions to young people in high schools and to parent and community groups. We are currently discussing the format and content of these sessions.

MaleFemale

Gender

Aboriginal Non-Aboriginal

700

600

500

400

300

200

100

0

2010

-2011

2011

-2012

2012

-2013

2013

-2014

2014

-2015

Number of Children Attending Court 2014-15 Gender

7 GREENE STREET WARRAWONG NSW 2502 TELEPHONE 42761939

Children’s Court Assistance Scheme

C C A S

A project of the Illawarra Legal Centre



Digital footprint work with HighSchool students Cyber Bullying

Children’s Court Assistance Scheme (continued)

34

Financial Counselling Service

Maroun Germanos Ron Bryant Tracey Iskra Desiree Zaballos (res. May 2015) Vesna Horley (Locum)

The Illawarra Region Financial Counselling Service (the Service) at the Illawarra Legal Centre continued during 2014-2015 financial year to provide advocacy, support and assistance to many clients facing various forms of financial hardship of a number of outreach locations in the Illawarra and the Shoalhaven.

The Service employs financial counsellors who are accredited members of the Financial Counsellors Association of New South Wales.

The Service operates from the following outreach locations:

Corrimal, Dapto, Kiama, Nowra, Warrawong, Warilla.

Taking the service to the clients assists those who don’t have transport or are unable to travel due to reasons such as illness, young children etc.

FUNDING:The Service is able to exist because of the funding received from the State and Federal governments.

The State funding is from NSW Fair Trading to service the Wollongong, Shellharbour, Kiama and Shoalhaven LGA’s. The Illawarra Legal Centre continued to contract to Lifeline South Coast (LLSC) to provide the service in the Kiama and Shoalhaven LGA’s.

The Federal funding is from the Commonwealth Department of Social Services for a general financial counselling service and a specific financial counselling service focusing on people affected by problem gambling.

It is unfortunate that the general financial counselling service will not continue after 30 June 2015 due to loss of funding and there is no certainty that the program for financial counselling for people affected by problem gambling will continue beyond 30 June 2016.

This means that clients who are desperate for the service will miss

out or be made to wait much longer to see a financial counsellor.

CASEWORK SERVICES:The Service was provided to a large number of clients who presented with many different financial problems. Some of the presenting problems were:

• Debt recovery action taken by creditors.

• Budgeting.

• Financial hardship as the result of family breakdown, loss of employment, sudden illness etc.

• Financial overcommitment.

• Mortgage and rates arrears.

• Rent arrears and threat of eviction.

• Voluntary and forced bankruptcies.

• Utilities such as electricity, telephone etc.

• Fines.

• Tax debts.

Many of the cases that were dealt with were complex and required the counsellor to spend more time talking with the client and advocating on their behalf. In some cases we assisted them, or lodged disputes on their behalf with various alternative dispute resolution schemes such as the Financial Ombudsman Service (FOS), the Energy & Water Ombudsman (EWON) etc.

(For more information on the number of clients’ services please see the general statistical report at the end of this annual report).


COMMUNITY EDUCATION ACTIVITIES:

Topic LocationFinancial Counselling Kedesh Rehabilitation Services

Financial Counselling St Vincent de Paul, Corrimal

Financial Counselling Warrawong Community Centre

ILC services (FC Included) Partners in Recovery

Financial Counselling Barnados

Financial Counselling Illawarra Women’s Health Centre

Financial Counselling Neami (Improving Mental Health)

FINANCIAL COUNSELLING SERVICE FOR ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLEThe Aboriginal and Torres Strait Islander specific Financial Counselling Service (the ATSI service) continued 1 day per week for 2014-15.

The ATSI Service receives referrals from the Illawarra Legal Centre’s established contacts within the region, such as Supported Accommodation & Homelessness Services Shoalhaven Illawarra (SAHSSI), Anglicare, South Coast Baptist Centre Community Assist Inc, Family Services Illawarra and Indigenous Community Links/Warrigal Employment.

In addition, the service receives referrals from other projects within the Centre, such as our Generalist and Child Support Solicitors, our Tenancy Service, our Welfare Rights Project Workers and our Aboriginal Legal Access Worker.

The ATSI service had been conducting an Aboriginal-specific outreach service at the offices of Indigenous Community Links/Warrigal Employment.

We are investigating the feasibility and suitability of conducting an outreach service at the offices of the Illawarra Aboriginal Corporation in Wollongong.

Case study 1:An Aboriginal woman had been referred to our service by a charity. The client was at risk of homelessness as a termination notice had been sent to her by her landlord’s agent due to non-payment of rent. She had debts to several “pay-day” lenders that had impacted upon her ability to pay rent. Following the preparation of a thorough money plan it was established that the client was actually able to offer a substantial amount toward her rent arrears. Our counsellor also discussed the availability of a no-interest loan scheme (NILS) loan as an alternative to renting appliances in the future. Our client was referred to our Tenants’ Service in relation to the eviction and was able to secure financial assistance from a charity toward her rent arrears whilst making an arrangement to pay the balance owing by instalments.

Getting ready for an outreach

Financial Counselling Service (continued)

36

FINANCIAL COUNSELLING

SERVICE STATISTICS

2014/15COMMONWEALTH

AND STATE FUNDED

COMBINED

TOTAL CLIENTS 581

NEW CLIENTS310

REPEAT CLIENTS201

EXISTING CLIENTS70

TOTAL ADVICES879

Case study 2:Our Client was a single parent with 2 small children as his wife had recently passed away. The client’s working hours had recently been reduced and he could no longer make payments on several debts including his rent and the creditors were ‘constantly’ calling him and were threatening legal action. Our client said he was suffering from depression and anxiety because of his situation.

We contacted the creditors on the client’s behalf and explained the situation. We then submitted written requests to each creditor asking for a short-term hardship arrangement. Each of the creditors eventually agreed to a hardship arrangement and waived interest during this period while the client sought to get his life back on track.

We also referred the client to a local charity organisation for emergency relief and possible counselling due to his distress.

The client was pleased with the outcome. Our client then some time later advised that he was finally able to secure more work and said he was going to take advantage of the hardship arrangement to pay down his debts as much as possible while continuing to attend counselling.

Case study 3:A client came in with arrears on his mortgage. Our client had received a Notice of Default pursuant to section 88 of the National Credit Code in the amount of $12,967.39. Our client was self employed and had had a couple of hardship arrangements in the past with the bank due to a work related injury. Our client had been communicating with the bank for over 3 years and he had reached a point where communication had broken down and the bank began the process of recovering all arrears. Our client came into the centre very distressed and agitated with the situation.

We assisted the client to file a dispute with the Financial Ombudsman Service (FOS). The client and the bank were unable to reach an agreement and the dispute went through the conciliation process. After a 2 hour conciliation conference by telephone, the parties came to an agreement that gave our client 6 months to prove he was able to make his monthly mortgage repayments and after that period the bank would capitalise the arrears on to the home loan balance and stop further recovery action

708800

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400

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0

147 12561 55 22 20 20 19

Top Problem Types ‐ Financial Counselling

Debt o

wed by

clien

tOthe

r

Budge

ts

Bankru

ptcy

Financ

ial H

ardsh

ip

Mortga

geFine

s

Debt R

ecov

ery

Tax B

ill

Client advices Three Year Trend

Top Problem Types - Financial Counselling

Client advices Three Year Trend

1200

1000

800

600

400

200

0

2012-13

2013-14

2014-15

1 2 3 4


Phone: 02 4274 3475Freecall: 1800 807 225

Fax: 02 4274 3491Offices in Wollongong, Warrawong & Batemans Bay

PO BOX 139WARRAWONG NSW 2502

The Illawarra & South Coast Tenants Service is

a FREE, independent, community-based service

auspiced by the Illawarra Legal Centre and funded

by NSW Fair Trading under the Tenancy Advice &

Advocacy Program

Please contact us to make a phone advice appointmentMonday – Friday9am-5pm

02 4274 3475FREECALL: 1800 807 225If you are deaf, or have a hearing or speech impairment,

contact us through the National Relay Service.

For more information, visit: www.relayservice.gov.au

If you require an interpreter please call

Telephone Interpreter Service: 131450Our wheelchair-accessible office locations:

24 Kenny St, Wollongong7 Greene St, Warrawong

1/25 Gregory St, Batemans Bay

INFORMATION, ADVICE & ADVOCACY

FOR TENANTS, PARK RESIDENTS

AND BOARDING HOUSE

RESIDENTS

CONTACT US

FREE

Tenants Service

Warren Wheeler Jenna McConnachieLeah Farrell Jordan Power Alex O’Donnell

STAFFLeah Farrell - Tenants AdvocateJordan Power - Tenants AdvocateJenna McConnachie - Tenants AdvocateAlex O’Donnell - Tenants Advocate (resigned, May 2015)Warren Wheeler - Team Leader/Tenants AdvocateKirsten Ayre - LocumMeg Connelly - LocumJake Edwards - LocumErin Howley - Locum

VolunteersMelanie Charters-Brown Sarah Kennedy Lynn Meignen Richard Milne Stephanie SanchezClara Staples Alice TierneyMaddy Yates

“If we truly want to end youth homelessness... then we have to invest in prevention and support communities as they work to implement these life-changing efforts.” – Cyndi Lauper, singer & founder of the True Colors Fund

“The more I learned about what life can be like as a transgender person, the more I realized how especially woven into homelessness that is.” – Miley Cyrus, singer & founder of the Happy Hippie Foundation

This year has seen the issue of homelessness hit headlines in some of the most unlikely places. First we saw “anti-homeless spikes” installed outside hospitality and retail venues in the UK in a crude attempt to prevent rough sleepers from taking refuge in concrete alcoves. An arts’ collective took to social media to draw attention to what was termed ‘hostile architecture’ and the community backlash caused the proprietors to reconsider their heartless actions.

Meanwhile laws were introduced in some US states prohibiting panhandling and lying down in public spaces. Even pop stars Cyndi Lauper and Miley Cyrus went in to advocate for the young LGBTQIA community who are at an increasing risk of homelessness.

Closer to home, the Wollongong Homeless Hub have established a strong public profile. They have achieved this by partnering with local celebrities, civic leaders and businesses, and using their social capital to further develop their reputation in the community as a progressive and responsive service provider.

Historically, tenant’s services have not viewed themselves as homelessness services per se. However, as we find ourselves operating in an increasingly hostile social policy environment and homeless rates increase, services like our own have naturally become more integrated with those providing practical assistance.

Our own partnership with the Homeless Hub has increased our profile with the clients who need our help most. We have been providing outreach from the Homeless Hub up to twice weekly, which has seen a slight increase in advice and assistance given to people who are homeless or are at risk of becoming homeless. As we continue to sharpen our focus on tenants at risk of homelessness, we can expect to see this percentage rise in the coming twelve months.

This past year has seen the Service meet the challenge of significant staffing movements. With one staff member on maternity leave and another on Leave Without Pay, the Service took the opportunity to skill up new volunteers creating a steady stream of locums.

With new funding guidelines, the Service has seen a sharp decrease in total clients assisted in the reporting period (down 41%). Also contributing to this drop is the increasing complexity nature of public and social housing matters. 52% of our open files were for clients in such accommodation, a large proportion

38

of which were facing homelessness due to the new succession rules or allegations of illegal use of the premises. These types of matters are resource intensive, often involving multiple Tribunal and Housing Appeal Committee appearances, subpoenaing documents, and difficult negotiations with large bureaucratic landlords with unwieldy policies and confusing chains of command.

The Service engaged with numerous law & policy reform projects, most notably feeding into the Residential (Land Lease) Communities Act and Regulations, the Select Committee on Social, Public & Affordable Housing, the rights of marginal renters such as boarders & lodgers.

The Service engaged with traditional media and was instrumental in the development of the Centre’s Facebook profile.

Case study

Anthony & LorraineAnthony and Lorraine have lived in their public housing property for 25 years. The pair raised their family there and never had any problems with their tenancy. Their son, now an adult and living out of home, suffered a relationship breakdown and moved back in with his parents. Unbeknownst to them, he began supplying drugs and firearms from the premises. He was subsequently arrested, charged and received a custodial sentence.

Housing NSW applied to the Tribunal seeking termination of the tenancy, as the parents were vicariously liable for their son’s activities. With the help of the Tenants Service, the Tribunal was able to recognise the parents’ lack of involvement and accordingly declined to make termination orders.

STATISTICS

TOTAL CLIENTS– 1280 (41%

DECREASE)28% OF CLIENTS

IN PUBLIC, SOCIAL OR ABORIGINAL

HOUSING (4% INCREASE)

61% OF CLIENTS IN PRIVATE RENTAL (32% INCREASE)

3% OF CLIENTS IN RESIDENTIAL PARKS (STEADY)

1% OF CLIENTS IN BOARDING

HOUSES

TOTAL CLIENTS ASSISTED IN

TRIBUNAL: 328 (15% DECREASE)

OPEN FILES: 72 (21% DECREASE)

53% OF OPEN FILES WERE FOR PUBLIC, SOCIAL OR ABORIGINAL

HOUSING (NEGLIGIBLE DECREASE)


Tenants Service (continued)

40

TEN MOST POPULAR ENQUIRY TYPES – TENANCY

Matter Type % No. of contactsTermination – Notice by Landlord/agent 24.78 317

Termination – general advice 16.89 216

Repairs – non urgent 15.72 201

Rent – arrears 14.39 184

Termination – Notice of hearing 9.46 121

Rental bond – dispute 8.13 104

NCAT 5.86 75

Termination – break agreement early 4.22 54

Withdrawal of services 3.91 50

Other 3.91 50

900

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2014-2015

2013-2014

Bega V

alley

Eurobo

dalla

Kiama

Shellh

arbou

r

Wingec

arribe

e

Shoalh

aven

Wollon

gong

Outside

catch

ment

Where our clients areWHERE OUR CLIENTS ARE


STAFFIan Turton - solicitor Liz Turnbull - solicitor

The Welfare Rights Service ordinarily employs two staff - Ian Turton (21 hours per week) and Liz Turnbull (10.5 per week) on a job share basis. For a large part of this year, Liz has had leave without pay for 9 months and Ian has been working 5 days per week.

The Community Legal Service Program of the Commonwealth Attorney General’s Department funds the Welfare Rights Service. The service provides free advice in relation to Social Security laws and its administration through Centrelink to assist people to maximise their entitlements, exercise their rights and fulfil their obligations. Ian Turton and Liz Turnbull work on a job share basis in this role.

CASEWORKWelfare Rights undertook 169 advice activities in the 2014/15 financial year while 58 cases were opened and 57 closed during the year. The project represented 10 clients at the Administrative Appeals Tribunal and 23 at the SSAT. The project had 45 open cases at the end of the financial year.

As always the level of assistance provided in individual matters is determined by our casework guidelines and includes reference to the person’s ability to self represent, the target groups identified in our planning day and current casework levels.

This year the Welfare Rights service has provided representation more frequently at the Social Security Appeals Tribunal and Administrative Appeals Tribunal where it has achieved some fantastic outcomes for clients as illustrated by the following de-identified case study.

COMMUNITY LEGAL EDUCATION/COMMUNITY DEVELOPMENT/LAW REFORM AND POLICYThis project continues to conduct a large number of community legal education workshops across the region. This year workshops were held at:

• Cringila Cooperative;

• St Vinnie’s

• Carer’s Groups

• Barnardo’s Playgroups

• Shellharbour & Wollongong TAFE

This year, Welfare Rights has focused on extending services to people living on the South Coast, receiving clients on referral from Legal Aid and working cooperatively with service providers in that region. To this end we have built a strong working relationship with various family support services and disability advocacy services on the South Coast.

In addition to this the project has established a strong working relationship with Southern Youth and Family Services (SYFS), an organisation that provides crisis accommodation and youth counselling services for young people within the region. We regularly represent clients referred from SYFS at the SSAT and AAT. By taking a collaborative approach with caseworkers from SYFS and other crisis accommodation services, we have been able to extend the project’s service footprint within the region.

Involvement with the National Welfare Rights Network continues to inform our law reform and policy work and the project maintains a strong working relationship with network members.

Welfare Rights Service

Liz Turnbull and Ian Turton

42

WELFARE RIGHTS

STATISTICS

TOTAL CLIENTS194

TOTAL ADVICES169

NEW CLIENTS116

REPEAT CLIENTS34

EXISTING CLIENTS

44

TOTAL CASES102

OUTREACHESThe project has established regular outreaches at St Vinnie’s at Oak Flats and Shoalcoast Community Legal Centre in Nowra, targeting clients in remote areas and whose benefits have been cancelled or suspended.

Case Study Trajan applied for the DSP upon release from prison but was informed that he was not eligible for the pension because he had not undertaken a program of support (POS). While Trajan had undertaken extensive rehabilitation and training while in prison, these activities were not recognised by Centrelink for the purposes of meeting the POS requirements.

Upon being released from prison Trajan applied for and was granted newstart. As part of his job seeker requirements he was obliged to comply with the requirements of probation and parole service that included ongoing counselling and training.

Trajan was under the supervision of the State Attorney General’s Department both while in prison and following his release at which time he was placed under the supervision of the NSW Probation and Parole. Given that Centrelink incorporated Trajan’s participation in Probation and Parole rehabilitation services into his employment pathway plan, it was argued that it would be perverse for the Secretary not to recognise these same rehabilitation services undertaken in prison.

Terms of settlement were filed in the AAT granting Trajan the DSP on the basis of the arguments within the Facts and Contentions.

17 Auburn Street Wollongong Phone: 4229 6855 Email: [email protected]

Do you have a Centrelink problem?

ILLAWARRA LEGAL CENTRE IS PROVIDING

ADVICE AND ASSISTANCE FREE 30 minute appointments

Do you owe a debt to Centrelink? Have your payments been stopped? Are you being paid the wrong amount? Do you want to appeal a Centrelink decision? When: The 1st Tuesday of the month 2pm-4pm Where: Illawarra Multicultural Services 17 Auburn Street Wollongong (Just near the Wollongong train station) Who: Everyone is eligible (no means testing) How: To Book your appointment: Call 42296855 Bookings essential

CALL US TO BOOK YOUR APPOINTMENT Interpreters available

For more information: Useful fact sheets on Centrelink payments at

www.welfarerights.org.au

Illawarra Legal Centre Welfare Rights Service


Welfare Rights Service 7 Greene Street,

PO Box 139, Warrawong NSW 2502

T: (02) 4276 1939 F: (02) 4276 1978


© 2014 Illawarra Legal Centre Inc

For more information: Useful fact sheets on Centrelink payments at

www.welfarerights.org.au

Illawarra Legal Centre Welfare Rights Service


Welfare Rights Service 7 Greene Street,

PO Box 139, Warrawong NSW 2502

T: (02) 4276 1939 F: (02) 4276 1978


© 2014 Illawarra Legal Centre Inc


Feedback Client Satisfaction

Gender: Number

Male 36

Female 64

Total 100

Age group: Number

Under 25 5

25-54 75

55-74 19

Over 75 2

Total 100

Project/Problem Type Number

Generalist 50

Tenancy 25

Financial Counselling 25

Total 100

RESULTS Questions Asked

1. Level of understanding of the problem:

Q. Was the information and advice you received clear and easy to understand?

All responses: %

1 not at all 6 6

2 0 0

3 24 24

4 51 51

5 understood completely

19 19

Total 100%

Adding 4 and 5 together

70%

2. Assistance Received:

Q. Was enough information provided?

All responses: %

1 12 12

2 2 2

3 20 20

4 55 55

5 Yes 11 11

Total 100 100

Adding 4 and 5 together:

66%

BACKGROUNDAs part of the CLSP funding agreement the Centre is required to survey clients in relation to their satisfaction with our service. In 2014 we reviewed the current questionnaire and designed a new survey tool that provided more relevant data than the previous one, and gave more opportunity for subjective feedback.

METHODOLOGYThe survey was administered by phone over 2 weeks during November 2014. Clients of the Centre for the period 14 November 2014 to 28 November were selected at random. Attempts were made to contact 370 clients. Some declined to take part, the most common reason being that they couldn’t remember their experience in detail.

A total of 100 surveys were completed.

44

3. Treatment by staff:

Q. Were you treated in a friendly and respectful manner when you first made contact?

All responses %

1 No 2 2

2 0 0

3 4 4

4 26 26

5 Yes 68 68

Total 100 100


94%

Q. Were you treated in a friendly and respectful manner by the the person who advised you?

%

1 1 1

2 0 0

3 4 4

4 25 25

5 Yes 70 70

Total 100 100


95%

4. On the whole did our service meet your expectations?

YES (90) %

5. Was there anything that we could have done differently?

NO (95) %

Of those who said yes, we could have done something differently, the most common remarks were:

• Could’ve paid the bills for me

• Outcome wasn’t what she wanted;

• Maybe get solicitors who specialise in one particular area

• Could have helped more by paying debts for them

• Wanted us to liaise with ATO on their behalf but was told that they were more than capable

DISCUSSION The survey targeted only those clients who had received casework.

Responses to questions 1 to 4 indicate a high level of satisfaction. That is, a high percentage of respondents rated a “4” or “5” for:

• Advice being clear and easy to understand;

• Enough assistance given;

• Usefulness of advice given; and

• Treated in a friendly and respectful manner.

Overwhelmingly, clients reported that they were very happy with the service. Frequent comments included:

• Very satisfied – far exceeded client’s expectations;

• Much more than expected;

• Better than I thought;

• Very impressed;

• Fantastic that Illawarra Legal Centre is here;

• She didn’t know where to turn until she found out about us, very grateful

• A few suggested that we should advertise

Of those who said they were not happy with the service, comments included:

• Outcome wasn’t what she wanted;

• Maybe get specialist solicitors;

• Could have helped more with debts (by paying! )


Financial Report

OVERVIEW

The Illawarra Legal Centre (ILC) financial result for the 2014-2015 period was a surplus of $53,692.44 and this surplus was for the most part attributed to interest earned on reserves and provisions held by the ILC.

Turnover for the year was $1,791,899.16 which includes $56,148.54 of interest and excludes internal administration fees & grants carried forward. Grants from 2013-2014 used in this financial year were to the value of $123,053.92 and grants carried forward to the 2015-2016 were $130,964.90.

Cash-flow position for ILC is strong and has remained strong for the duration of the 2014-2015 period situated at $1,615,488.20 a decrease from the 2013-2014 financial year of $180,109.30.

This financial year saw ILC successful in retaining the funding for the Problem Gambling Support of $122,113 per annum. However ILC was unsuccessful in its bid to secure and retain a second tender of $170,000 per annum for Financial Counselling and Capability program through the Cth Department of Social Services

During the year Legal Aid offered ILC another contract starting from January 2015 to 30th June 2016, a period of 18 months, for undertaking a Care & Protection program. Funding for this program is $28,500 per annum.

A non-recurrent grant for $40,000 was also secured from a anonymous Foundation for a research project. This research project started in the 2014-2015 period however most of the research will be undertaken in the 2015-2016 period.

Two constant challenges for ILC around finances are:(a) recurrent funding not keeping up with wage incre-

ments for such things as equal remuneration order (ERO) and CPI increases. During the 2013-2014 finan-cial year the Management Committee made a decision to maintain wages at 5% above both the CPI increase and ERO. This decision will impact on the bottom line of some services.

(b) uncertainty of future funding. There are constant threats of funding cuts along with funding agreements that generally have terms of one-year engagements, an increasingly competitive market and the constant undertaking of the retendering process.

Current contracts held by ILC and their funding periods are as detailed below:

Funding Body Program Funding Period

Legal Aid CLSP Service Agreement July 2015 – June 2016

Dept of Social Service

Financial Counselling March 2015 – June 2016

NSW Fair Trading Tenancy Dec 2013 – June 2016

NSW Fair Trading Financial Counselling Oct 2015 – June 2018

FUNDING SOURCES

The Illawarra Legal Centre’s core operation sources of fund-ing are the State and Commonwealth Governments through the Community Legal Service Funding Program (CLSP). These grants are administered by Legal Aid NSW.

NSW Fair Trading also represents another one of the Centre’s major funding bodies which supports our Tenancy and Financial Counselling programs.

Department Social Services is a funding body that funds ILC Problem Gambling Support program.

Funding for the various specialist services of our Centre comes from numerous sources. They are as follows:

Aboriginal Legal Access Project:

• Legal Aid NSW - Public Purpose Fund

Child Support Project

• Commonwealth Attorney General’s Department

Children’s Court Assistance Scheme

• Legal Aid NSW - Public Purpose Fund

Family Relationship Centre:

• Legal Aid NSW – Commonwealth Attorney General

Generalists Legal Service:

• Legal Aid – Commonwealth Attorney General

• Legal Aid – State Attorney General

Welfare Rights Service

• Legal Aid - Commonwealth Attorney General

Care & Protection:

• Legal Aid – State Attorney General

Financial Counselling/Advocacy Service:

• Fair Trading NSW – Financial Counselling Program

• Commonwealth Department of Social Services – Financial Counselling Program

Tenancy Advice and Advocacy Program:

• Fair Trading NSW

AUDIT REPORT

An audit was conducted on the financial reports for 2014-2015 by Akele Kinnas & Co and immediately follows this report. I would like to take this opportunity to thank Lou, Anthony and Pat for all their efforts.

Acknowledgements

The Illawarra Legal Centre would like to take this opportunity to acknowledge and thank all of our funding bodies for their contin-ued support of our services.

I wish to also take this opportunity to thank Judith Lloyd for all her work throughout the year in her position as Bookkeeper.

46

Illawarra Legal Centre Inc Annual Report 2014 - 2015

© Illawarra Legal Centre Inc 20157 Greene Street (PO Box 139)

Warrawong NSW 2502Telephone 02 4276 1939Facsimilie 02 4276 1978


ILLAWARRA LEGAL CENTRE2015 ANNUAL REPORT

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