Legal Needs Analysis

of the Mid North Coast Region

New South Wales

February 2010

Author: Catherine Peek

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CONTENTS EXECUTIVE SUMMARY ....................................................................................5 RECOMMENDATIONS......................................................................................6

MAP MID NORTH COAST, NEW SOUTH WALES .......................................................7

1. INTRODUCTION ........................................................................................8

• Community Legal Centres • Mid North Coast’s access to a Community Legal Centre – Current Status

2. METHODOLOGY ...................................................................................... 10

3. RESULTS .............................................................................................. 11

Mid North Coast: Indicators of Disadvantage in Context • Dropping off the Edge: the distribution of disadvantage in Australia • Relative Socio-economic Indicators for Areas (SEIFA)

Regional Socio-Economic Profile

• Geography • Population • Cultural Diversity • Women • Aged • Young people • People with a disability • People with a mental illness

Individual Indicators of Social Disadvantage

• Employment • Family and domestic relationships • Housing • Education

Legal Needs Research and Consultation with the Mid North Coast Community

Introduction Consultation with Community Agencies, government departments and charities Consultation with the Members of the Public Assessment of the Demand for Legal Services

4. DISCUSSION OF RESULTS........................................................................... 33

5. CONCLUSION ......................................................................................... 37

6. APPENDICES APPENDIX A: Mid North Coast Community Legal Centre Project....................................................... 38 APPENDIX B: Members of the Mid North Coast CLC Project Group .................................................. 39 APPENDIX C: Legal Needs Survey of Community Agencies ............................................................... 41

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APPENDIX D: Legal Needs Survey of Individuals ................................................................................ 46 APPENDIX E: Mid North Coast Legal Resources Directory ................................................................. 55 LIST OF TABLES Table 1 Distance to travel from Port Macquarie to closest CLCs Table 2 Professor Tony Vinson’s Disadvantage rankings in NSW Table 3 Population Predictions by Local Government Area (LGA) and Area covered Table 4 Aboriginal and Torres Strait Islander Residents by LGA Table 5 Population from Culturally and Linguistically Diverse Backgrounds by LGA Table 6 Weekly rent, individual weekly income and unemployment rate by LGA Table 7 Percentage of single parent families by LGA Table 8 Median Weekly Rent by LGA Table 9 Most Commonly presented Legal Issues – Community Agency survey results Table 10 Most Common Local Legal Services Community Agencies referred to Table 11 Data Digest Statistics 2005-2007 for Mid North Coast LGAs Table 12 Possible CLC Legal Services most useful on the Mid North Coast Table 13: Services individuals went to when they had a legal issue Table 12: Most common legal issue for individuals Table 14: Types of matters dealt with at Taree Outreach Clinic - November 2008 to May 2009 LIST OF ABBREVIATIONS ABS Australian Bureau of Statistics ALS Aboriginal Legal Service ATSI Aboriginal and Torres Strait Islander CLC Community Legal Centre CLSD Cooperative Legal Service Delivery LGA Local Government Area LNA Legal Needs Analysis MNC Mid North Coast NSW New South Wales

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THANKS To the many community agencies and individuals who participated in the legal needs research and shared their insights and experiences. To the Law and Justice Foundation of NSW for the financial assistance to produce this report.

To the Port Macquarie Hastings Council for their ongoing support of this project and financial assistance with printing the final report.

DISCLAIMERS The Law and Justice Foundation seeks to advance the fairness and equity of the justice system and to improve access to justice, especially for socially and economically disadvantaged people. http://www.lawfoundation.net.au Any opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the Law and Justice Foundation's Board of Governors. Whilst all care and diligence have been exercised in the preparation of this report, Disability Advocacy NSW Inc does not warrant the accuracy of the information contained within and accepts no liability for any loss or damage that may be suffered as a result of reliance on this information, whether or not there has been any error, omission or negligence on the part of Disability Advocacy NSW Inc or their employees.

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EXECUTIVE SUMMARY There is significant anecdotal evidence that disadvantaged people living on the Mid North Coast of NSW have poor access to legal support in dealing with the justice system. It appears that an important part of this problem is that Mid North Coast residents do not have access to a community legal centre which focuses on the legal needs of disadvantaged groups. The purpose of the research was to investigate in detail the anecdotal evidence of this problem and to see if this perception is borne out by the evidence available. The research was also designed to evaluate the potential of a community legal centre to improve access to justice for disadvantaged groups. The research found that the Mid North Coast region has one of the highest levels of social disadvantage in NSW, with extensive social and geographic isolation, separation from family networks and limited social and economic infrastructure. The results of the research are consistent with many other national and state reports which have identified barriers to justice such as poverty, isolation, gender, Aboriginality and disability. For example, the Mid North Coast has nine postcodes ranked in the top six bands of social disadvantage in NSW according to Professor Tony Vinson’s national study of the distribution of social disadvantage, released in 2007. Research outcomes included: • Fifty government and non-government community-focused agencies on the mid-north coast

responded to the survey. These agencies refer over 2,100 people annually for legal advice.

• The respondent agencies considered that for approximately 80% of the legal issues presented to them, there was NOT an appropriate service to refer the client to, meaning clients were inappropriately referred to services that could not meet their legal needs or not referred at all.

• One hundred percent of the 50 respondent agencies replied they would refer clients to a community legal centre if one was available.

• The population on the Mid North Coast increased by 75% in the past 25 yrs and, on current figures, will continue to rise by 30% by 2036. Demand for free or subsidised legal services will inevitably increase.

• A high percentage of Aboriginal and Torres Strait Islander people are represented in the Mid North Coast population. Communities in Kempsey, Taree and Nambucca Heads are home to significantly large Aboriginal and Torres Strait Islander communities.

• Approximately 20% of the Mid North Coast population is aged over 65 years. In the Great Lakes LGA alone almost a third of the population is over 65.

• The Mid North Coast population includes 9.3% of people born overseas and a steadily increasing number of new migrants and refugees from non-English speaking countries.

• On the Mid North Coast median weekly household income is just over half that of the majority of Australian households.

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• The current unemployment rate on the Mid North Coast is 7.8%. This is higher than the NSW average of 5.2%. Four out of 8 of the largest towns on the Mid North Coast have unemployment levels in excess of 10%.

• Approximately 20% of all families in 5 out of the 8 largest towns on the Mid North Coast are single parent families.

• The Mid North Coast region now ranks fourth in NSW for the number of domestic violence incidents.

RECOMMENDATION This paper has shown that the Mid North Coast is a disadvantaged community with a fast growing population which cannot readily access community legal centres in other parts of the state. It is a continuing anomaly that surrounding regions are well serviced by community legal centres and the Mid North Coast is not. This report also shows strong local support for a CLC which is a precursor to the establishment of well run and successful CLC.

It is the strong recommendation of this report that the people of the Mid North Coast have access to a CLC in their region at the latest by 2011 to

address their current legal disadvantage.

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Map 1: Mid North Coast, NSW The Mid North Coast covers 21,392 sq. kms. This is one third of the size of Tasmania, but contains more than 284,000 residents – more than half of Tasmania’s population.1 There are five Community Legal Centres2 and four Legal Aid Offices to cover the whole of Tasmania3 where the Mid North Coast has no Community Legal Centres and one Legal Aid Office in Coffs Harbour.

1 ABS, 2006 Census, Quickstats by location, Mid-North Coast & Tasmania 2 Hobart Community Legal Centre, Launceston Community Legal Centre, North West Community Legal Centre, Women’s Legal Service (Tas) and Environmental Defenders Office (Tasmania) Inc. 3 In Hobart, Launceston, Devonport and Burnie.

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1. INTRODUCTION There is significant anecdotal evidence that disadvantaged people living on the Mid North Coast of NSW have poor access to legal support in dealing with the justice system. It appears that an important part of this problem is that Mid North Coast residents do not have access to a community legal centre which focuses on the legal needs of disadvantaged groups. The purpose of the research was to investigate in detail this anecdotal evidence of this problem and to see if this perception is borne out by the evidence available. The research was also designed to evaluate the potential of a community legal centre to improve access to justice for disadvantaged groups. Community Legal Centres (CLCs) Community legal centres are independent, community based organisations that provide free legal advice and assistance, community legal education, community development and law reform work. Centres assist people who typically might struggle to access legal assistance – people on low incomes or social security benefits; people with a disability including mental illness; people from culturally and linguistically diverse backgrounds; Aboriginal and Torres Strait Islander (ATSI) people; people experiencing homelessness; and ex-prisoners.

Mid North Coast’s access to a Community Legal Centre: Current Status The NSW Community Legal Centres Funding Program report completed in June 2006 identified that clients in six key geographic areas had limited access to legal services. The Mid North Coast (in particular, around Port Macquarie and Kempsey) was identified as one of these six key geographic areas.4 In March 2007 a report was prepared for the Attorney-General’s Department by the Australian Bureau of Statistics Statistical Consultancy Unit analysing the relationship between area level disadvantage and locality of community legal centres. The analysis showed that community legal centres are geographically concentrated in major urban areas. The study concluded that the areas identified as the most disadvantaged often did not have ready access to a community legal centre.5 While there are three CLCs covering areas of rural NSW surrounding the Mid North Coast, these centres are all in other geographical regions. Distance and public transport links mean that they do not provide practical alternatives to a CLC on the Mid North Coast. The closest community legal centres to Port Macquarie are in Newcastle, Armidale and Lismore: Table 1: Distance to travel from Port Macquarie to closest CLCs

CLC Location Distance Time to travel (by car) Hunter Newcastle 245km 3.25 hours North & Northwest Armidale 228km 3 hours Northern Rivers Lismore 366km 5 hours

While these centres assist some people from the Mid North Coast region (for example Hunter CLC assists some people from Taree/Forster by taking part in outreach and phone advice) their work is limited by resource constraints and a focus on their main catchment area. The lack of a Mid North

4 Review of the NSW Community Legal Centres Funding Program: Final Report, Legal Aid Commission of NSW, June 2006, p.125 5 Analysis of Index of Relative Socio-Economic Disadvantage in developing a funding model for the Commonwealth Community Legal Service Program, Report prepared for the Attorney-General-s Department prepared by Statistical Consultancy Unit, Australian Bureau of Statistics, March 2007.

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Coast CLC means that for many disadvantaged people with often complex needs in this region there is limited access to justice. There are thirty-nine CLCs in NSW, with the majority based in metropolitan Sydney. As can be seen from the map below, there is a notable gap along the east coast between Newcastle and Lismore.

Map 2: Regional Community Legal Centres, NSW6

6 Map modified from: www.legalanswers.sl.nsw.gov.au/advice/regional_advice_map.cfm

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2. METHODOLOGY

The provision of legal services in any jurisdiction requires a thorough understanding of the legal issues people experience, people’s responses to these issues and the outcome of these issues. There were four main means of gathering this material for the study:

• Analysis of statistics in relation to access to justice and disadvantage

Statistics from the Australian Bureau of Statistics as well as other regional data were used to create a socioeconomic profile for the Mid North Coast, particularly in relation to known factors which commonly prevent access to legal services.

• Consultations with workers in community agencies, government departments and charities The researcher liaised with and documented inputs from fifty organisations across the Mid North Coast. The groups that were consulted represented a cross-section of service providers and agencies supporting the general community, youth, women, families in crisis, the aged, Aboriginal and Torres Strait Islander women, people with disabilities and people with mental illness (see Appendix C). The researcher also gathered anecdotal evidence from Chamber Registrars, Police and members of the legal profession. Descriptions of legal need were clearly articulated by these agencies.

• Consultation with members of the public

Members of the public were consulted through a survey (see Appendix D). Surveys were distributed widely through community organisations along the Mid North Coast. The survey was also placed on the Port Macquarie Hastings Council website and at the Port Macquarie local library in hard copy. Over 70 individuals responded to the survey. However, the majority of these responses came from the Port-Macquarie Hastings LGA (due to the strong cooperation of this Council in distributing the survey) so do not necessarily reflect the legal needs of the whole Mid North Coast.

• Assessment of the demand for legal services The researcher analysed data released by the Law and Justice Foundation which examined how disadvantaged people deal with legal problems in six disadvantaged areas of NSW.7 One of the areas surveyed was the Nambucca region on the Mid North Coast. Preliminary information from the Data Digest Online relating to each of the local government areas on the Mid North Coast was also examined. While this tool is still in its development phase, the statistics provide a general overview of the demand for legal services on the Mid North Coast. Some legal outreach programs were also used to gauge the demand for free legal assistance currently available.

The approach outlined above represented the most effective way, within the resources available, to achieve the project aims. The approach was based on similar projects which have been funded in the Illawarra and Loddon Campaspe regions.8

7 Coumarelos, Christine, Zhigang Wei and Albert Z. Zhou 2006, Justice Made to Measure: NSW Legal Needs Survey in Disadvantaged Areas, Access to Justice and Legal Needs Volume 3, Law and Justice Foundation of New South Wales. 8 Whose Haven? Legal Needs of the Shoalhaven Community, Illawarra Legal Centre 1995; Access to Justice in the Loddon Campaspe Region: Demonstrating the need for a Loddon Campaspe community legal centre, Access to Rights Centre Limited, May 2004.

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3. RESULTS

Mid North Coast: Indicators of Disadvantage in Context

“Access to justice is central to the rule of law and integral to the enjoyment of basic human rights. It is an essential precondition to social inclusion and a critical element of a well-functioning democracy.”9 Federal Attorney-General, Robert McClelland

Dropping off the Edge: the distribution of disadvantage in Australia Professor Tony Vinson has undertaken a number of studies of the geographic distribution of social disadvantage and in 2007 he published a national study of the distribution of social disadvantage called Dropping off the Edge: the distribution of disadvantage in Australia10. Professor Vinson includes the following as the main indicators of social disadvantage:11 SOCIAL DISTRESS: low family income, rental stress, home purchase stress, lone person households. HEALTH : low birth-weight, childhood injuries, immunisation, disability / sickness support, life expectancy, psychiatric patients: hospital / community, suicide. COMMUNITY SAFETY : child maltreatment, criminal convictions, imprisonment, domestic violence. ECONOMIC : unskilled workers, unemployment, long-term unemployment, dependency ratio, low mean taxable income, and limited computer use / internet access. EDUCATION : non-attendance at preschool, incomplete education, early school leaving, post-schooling qualifications, ability to use computer technology. COMMUNITY ENGAGEMENT The study lists the highest ranking disadvantaged communities in each state, dividing them, where the data allows, into six bands of comparative susceptibility to disadvantage. The study finds that in every state, a small number of communities are massively overrepresented when it comes to the factors that cause or demonstrate disadvantage. In NSW, for example, just 1.7% percent of all postcodes account for 12.5% of the top 40 rankings of indicators of disadvantage – a more than sevenfold overrepresentation.12

The study divides forty postcodes into six bands of disadvantage, of descending severity. Kempsey is among the most disadvantaged five per cent of NSW postcodes for rates of domestic violence, disability/sickness, prison admissions, and psychiatric admissions. It is among the most disadvantaged ten per cent for childhood injuries, computer use, long-term unemployment, court convictions and low-income households. With a population at the time the study was conducted of 22,334, the Kempsey postcode, covering 19 towns and villages from Crescent Head to Bellbrook, was the largest population centre in the most disadvantaged band. Other major postcodes with high levels of disadvantage are Bowraville and Urunga in the second band, Nambucca Heads in the third, Forster in the fourth, and Diamond Head, Sawtell and Taree in the sixth.

9 Speaking at the launch of Access to Justice Report and a ‘Strategic Framework for Access to Justice’, 23 September 2009 10 Vinson, T 2007, Dropping off the Edge: the distribution of disadvantage in Australia, University of Sydney, commissioned by Catholic Social Services Australia and Jesuit Social Services. 11 Vinson, T 1999, Unequal in life: the distribution of social disadvantage in Victoria and New South Wales, Ignatius Centre, Jesuit Social Services, Richard, NSW. 12 Vinson, T 2007, Dropping off the Edge: the distribution of disadvantage in Australia, University of Sydney, commissioned by Catholic Social Services Australia and Jesuit Social Services, p. 26-47

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The only Sydney postcodes that appear in Professor Vinson’s survey are Mount Druitt, an area covering 13 suburbs and a population of 57,196, in band six, and Claymore in band five. Both Mount Druitt and Claymore have access (both in terms of distance and availability of public transport) to a large number of free legal services in and around the Sydney metropolitan area.

Table 2: Professor Tony Vinson’s Disadvantage rankings in NSW

Disadvantage rankings in NSW - Band 1 being most disadvantaged13 BAND 1: Bonalbo (2469), Brewarrina (2839), Kempsey (2440), Lightning Ridge (2834), Tingha (2369), Windale (2306) BAND 2: Bowraville (2449), Casino (2470), Deepwater (2371), Menindee (2879), Urunga (2455), Wellington (2820) BAND 3: Armatree (2831), Coraki (2471), Harrington (2427), Nambucca Heads (2448), Tweed Heads (2485), Walgett (2832) BAND 4: Forster (2428), Kurri Kurri (2327), Toukley (2263), Weston (2326), Woodenbong (2476), Wilcannia (2836) BAND 5: Boggabilla (2409), Claymore (2559), Koorawatha (2807), Lake Cargelligo (2672), South West Rocks (2431), Tenterfield (2372) BAND 6: Ashford (2361), Bourke (2840), Broken Hill (2880), Diamond Head (2443), Iluka (2466), Inverell (2360), Mt. Druitt (2770), Sawtell (2452), Taree (2430), Warrawong (2502)

The Mid North Coast has nine postcodes ranked in the top six bands of social disadvantage in NSW (in bold above). Relative Socio-economic Indicators for Areas (SEIFA)14

The Australian Bureau of Statistics (ABS) Index of Relative Socio-economic Disadvantage describes the socio-economic character of an area. It is derived from census information on attributes such as low income, low educational attainment, high unemployment and jobs in relatively unskilled occupations. Based on 2006 census information, two of the eight Local Government Areas (LGAs) on the Mid North Coast (Nambucca and Kempsey) ranked in the top ten most disadvantaged areas in NSW in terms of relative socio-economic indicators. The Index thus clearly reflects Tony Vinson’s findings that there is significant disadvantage in the Mid North Coast region. In summary, the factors affecting disadvantage and access to legal services on the Mid North Coast are consistent with those outlined in the studies that have been undertaken. These include:

• A generally low level of income arising from high levels of unemployment, high rates of dependency on social security payments and low wage levels;

• The large number of aged residents, including the frail aged; • The concentration of services in commercial centres and limited provision of outreach services; • The scattered nature of the population throughout the region; • The lack of an adequate public transport system; and • The lack of free, accessible services.

Regional Socio-Economic Profile

13 Vinson, T 2007, Dropping off the Edge: the distribution of disadvantage in Australia, University of Sydney, commissioned by Catholic Social Services Australia and Jesuit Social Services. 14 2006 Census: SEIFA Product Brief, www.abs.gov.au Accessed: 7 August 2009

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Geography

The Mid North Coast is a region in the north-east of the state of NSW. This report considers the Mid North Coast region to stretch from Seal Rocks (275 km north of Sydney) as far north as Woolgoolga, (562 km north of Sydney).

In this report, the following local government areas have been considered as forming part of the Mid North Coast: Great Lakes, Great Taree, Gloucester, Port Macquarie-Hastings, Coffs Harbour, Bellingen, Nambucca and Kempsey. However, it must be noted that the Mid North Coast Statistical Division according to the ABS does not include Gloucester or Great Lakes, but does include the Clarence Valley and Lord Howe Island. Therefore, statistical comparisons made in this report are based on 2006 ABS Census data from the individual local government areas listed above as forming the Mid North Coast region.

Population

The Mid North Coast has been one of the fastest growing regions of NSW. According to figures derived from the NSW State and Regional Population Projections 2006-2036, it is predicted that there will be a 30% increase in the Mid North Coast population by 2036. The percentage of the population over the age of 65 is expected to rise from 19.1% in 2006 to 34.2% in 2036.15

Table 3: Population Predictions by Local Government Area (LGA) and Area covered16

Local Government Area Area (sq km) Predicted Population by 2011

Predicted Population by 2031

Great Lakes 3,376 38,680 51,280 Greater Taree 3,730 47,510 50,140 Gloucester 2,952 4,985 6,480 Port Macquarie-Hastings 3,687 78,370 101,610 Bellingen 1,602 13,060 13,670 Nambucca 1,490 19,250 20,540 Kempsey 3,380 29,080 30,990 Coffs Harbour 1,175 75,340 98,710 Total 21,392 306,275 373,420

Cultural Diversity Aboriginal and Torres Strait Islander An estimated 4% of people living on the Mid North Coast are from an Aboriginal and/or Torres Strait Islander background.17 The largest population concentrations in the Mid North Coast are in Kempsey (9.5% of the Kempsey population), Nambucca (5.9% of the Nambucca population) and Taree (4.3% of the Greater Taree population). 15 NSW State and Regional Population Projections 2006-2036, Department of Planning, October 2008 release, p.40. Please note that these Department of Planning Statistics also include local government areas of Clarence Valley and Lord Howe Island, but does not include the Great Lakes local government area. 16 New South Wales Statistical Local Area Population Projections 2001 – 2031, 2005 Release, NSW Department of Planning, 2007. 17 This is when considering ATSI count PLUS a proportion of the ‘Not Stated’ category (those who did not answer the question.)

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Table 4: Aboriginal and Torres Strait Islander Residents by LGA

Local Government Area Aboriginal

Residents Total Pop.

% of total Pop.

Great Lakes 1055 33,982 3.1 Greater Taree 2028 46,979 4.3 Gloucester 179 4,985 3.6 Port Macquarie-Hastings 1873 71,407 2.6 Coffs Harbour 2473 68,021 3.6 Bellingen 338 12,985 2.6 Nambucca 1096 18,633 5.9 Kempsey 2719 28,474 9.5

ATSI people should have access to the same rights and experience the same justice outcomes as other people in NSW, but research has shown that this is not the case. The Aboriginal Legal Service (ALS) currently provides assistance in criminal law matters for ATSI people on the Mid North Coast, with offices in Taree and Kempsey. While not replacing the need for local Aboriginal and Torres Strait Islander specific justice services (such as the Aboriginal Legal Service), a Mid North Coast community legal centre would offer another option for Aboriginal and Torres Strait Islander people to access free legal advice and assistance. Additionally, a CLC could offer assistance in consumer and tenancy law which is not covered by the ALS.

Culturally and Linguistically Diverse

According to the ABS 2006 Census statistics, an estimated 2.5% of the total Mid North Coast population (15 years or older) speak a language other than English at home. Table 5: Population from Culturally and Linguistically Diverse Backgrounds by LGA

Local Government Area Born Overseas Total

Pop. % of total

Pop. Great Lakes 3199 33,982 9.4 Greater Taree 3473 46,979 7.4 Gloucester 316 4,985 6.3 Port Macquarie-Hastings 7164 71,407 10 Coffs Harbour 7505 68,021 11 Bellingen Shire 1407 12,985 10.8 Nambucca 1648 18,633 8.8 Kempsey 1899 28,474 6.7

Of note is the recent increase in African refugees settling in the Coffs Harbour LGA. There are now approximately 900 Sudanese people in the Coffs Harbour LGA, with the group made up mainly of young families. Given the likelihood that other African refugees will seek settlement in areas with people from similar cultural and linguistically diverse backgrounds, this number likely to grow significantly.

Cultural barriers and misunderstandings can give rise to legal issues and problems in accessing justice. Significant issues exist where large numbers of refugee immigrants move to a geographic location – counselling needs are high due to experiences of the refugee which caused them to be displaced; adjustment issues due to new practices involved in living in their new community; law and order issues arising from lack of understanding of existing laws and procedures in Australia; and obstacles

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encountered in accessing services in Australia due to language or educational barriers, or even lack of identification for conducting general personal and business activities. A Mid North Coast community legal centre would play an important role in educating and assisting migrants and refugees to understand and access the justice system in Australia.

Women Women's social inequality is fundamentally connected to their inequality before the law. While the relationship between the law and women's socio economic status is a complex one, it is clear that the law plays a key role in causing, perpetuating and exacerbating this inequality. Evidence suggests that women on the Mid North Coast are often unable to obtain fair and equal access to justice, obtain adequate legal information, accurate advice or proper representation. Women expressed a feeling that the legal system was designed for men and either gave their experiences no credibility or appeared to exclude them.18 Although women as a group suffer general disadvantage and difficulty in accessing the legal system, their experiences can vary considerably. Factors such as age, race, marital status, family responsibilities, cultural background, sexual orientation and disability have specific social and legal ramifications. A Mid North Coast community legal centre could assist women in areas of family law, tenancy, debt, discrimination, employment and administrative law. Aged At 19.5%, the Mid North Coast has one of the highest proportions of people aged 65 or over. According to the NSW Rural and Regional Task Force Report (2008) the Mid North Coast exhibits a higher than average proportion of its population over 65 years and this is expected to grow as the national population ages over the coming decades. In Great Lakes, 27.7% of the total population are 65 and over. The population of older people in this area is double the state average (13.8%). This provides the region with specific challenges particularly in relation to adequate provision of services and infrastructure to support population growth and changes. Older Australians require access to legal services for a variety of reasons, including wills and powers of attorney, property and accommodation issues, family law matters involving grandchildren, health services, consumer and financial issues and as victims of elder abuse.19 Some of the obstacles faced by older people in accessing legal services include a lack of awareness of their legal rights, a lack of confidence in enforcing those rights, a reluctance to take legal action, and a perception that the law is disempowering and cannot solve their problems.20 There are also issues relating to the cost of obtaining private legal advice and the importance for aged pensioners of ready access to community legal centres and other free legal services. With such a high proportion of the Mid North Coast population over 65 years of age, a community legal centre would play an important role in providing community legal education as well as legal advice in the areas of law which impact most older Australians. While Legal Aid provides assistance for some of these issues (some family law, for example), a CLC could provide much needed assistance in the areas of consumer law, wills and powers of attorney. A CLC could also assist in cases of family law where Legal Aid was not available due to conflict of interest or other eligibility issues.

18 Equality before the Law: Justice for Women, ALRC 69, 1994 19 House of Representatives Legal and Constitutional Affairs Committee Inquiry into Older People and the Law, Loddon Campaspe Community Legal Centre, Submission No. 57, p.13; Victoria Legal Aid, Submission No. 101, p.5. 20 Ellison, S, Schetzer, L, Mullins, J, Perry, J & Wong, K, The legal needs of older people in NSW, Law and Justice Foundation of NSW, Sydney, 2004, p.17.

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Map 3: Population Aged 65 Years and Over

The five statistical divisions with the highest proportions of people aged 65 years or over in June 2007 were in regional areas: Yorke and Lower North (SA) (20.7%), Mid-North Coast (NSW) (19.5%), Wimmera (Vic) (19.4%), East Gippsland

(Vic) (18.2%) and Far West (NSW) (17.8%). People with a disability Research by the Law and Justice Foundation and broader literature have drawn strong associations between cognitive disability and other forms of disadvantage such as poverty/low income, low levels of education, public housing and being on social security benefits. Some research has suggested that the disadvantaged circumstances of people with a disability can increase their susceptibility to legal issues and compound the barriers to these issues being resolved.21 In the Law and Justice Foundation’s survey of legal need in six disadvantaged regions of NSW it found that people with disabilities (cognitive and otherwise) had increased vulnerability to a broad range of legal issues when compared to other people, and that the legal issues they faced issues were less likely to be resolved.22 As can be seen from the map below, people with a disability form a higher than average proportion of the population on the Mid North Coast.

21 Bradbury, B., K. Norris & D. Abello 2001, Socio-economic disadvantage and the prevalence of disability, Social Policy Research Centre, University of NSW, Sydney, http://www.sprc.unsw.edu.au/reports/Report1_01.pdf 22 Coumarelos, Christine, Zhigang Wei and Albert Z. Zhou 2006, Justice Made to Measure: NSW Legal Needs Survey in Disadvantaged Areas, Access to Justice and Legal Needs Volume 3, Law and Justice Foundation of New South Wales, p.81, p.137.

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Map 4: Percentage of Population Requiring Assistance Mid North Coast is in the highest percentile, with 6-8 percent of people who have a disability and require some form of assistance.

Disability Advocacy NSW (DA) comes in contact with many people with a wide range of disabilities from the Mid North Coast each year who require assistance with legal issues, particularly in relation to guardianship, wills and powers of attorney, discrimination and access to children who have been removed by Department of Community Services. These people are often referred to DA because they have been unable to independently obtain affordable legal advice. It is often a difficult task to find a solicitor who has disability knowledge and can provide this advice under legal aid funding or pro bono. If there was a Mid North Coast CLC these people could be easily linked in to obtain legal advice on these matters. People with mental illness23 The Law and Justice Foundation report on the legal needs of people with a mental illness in NSW provides an overview on available statistics that can be used to describe the scope and nature of mental illness experienced in Australia and NSW.24 Mental health may be impacted by individual or societal factors, including economic disadvantage, poor housing, lack of social support and the level of access to, and use of, health services. People with a mental illness experience particular legal issues which

23 A mental illness is a clinically diagnosable disorder that significantly interferes with an individual's cognitive, emotional or social abilities. Mental illness encompasses short and longer term conditions, including Anxiety disorders (e.g. Agoraphobia), Affective or mood disorders (e.g. Depression) and Substance Use disorders (e.g. Alcohol Dependence). 24 However, there is limited data specifically available on NSW and it is suggested that due to under-reporting and sample limitations, most estimates of mental illness prevalence outlined in previous studies have been described as underestimating the actual prevalence of mental illness

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often reflect their financial and social disadvantage as well as the incapacity that may be caused by their illness.25 Disability Advocacy NSW comes in contact with many people with a mental illness from the Mid North Coast each year who require assistance with legal issues, particularly in relation to the Mental Health Review Tribunal, powers of attorney, discrimination and debt. If there was a Mid North Coast CLC people with a mental illness could be easily linked in to obtain face-to-face legal advice on these legal issues. Young people The proportion of the population aged 60 and over is three times that of the population aged 20-3526 and is set to double by 2031, while the population aged under 55 years is set to decrease. In many rural and regional areas on the Mid North Coast there is little or no infrastructure aimed at young people and less employment, recreational, social and sporting opportunities.27 This lack of engagement, combined with poor education, broken family relationships and misuse of substances, can often contribute to a higher level of crime and anti-social behaviour by young people. Young people experience substantial barriers to obtaining legal assistance. Many do not have the knowledge, resources, confidence or skills to access legal assistance in the same way adults do and often do not categorise their problems as legal issues, as many see "the law" as being solely about the police and crime. A Mid North Coast CLC could play an important role in providing community legal education aimed at young people to increase their confidence and skills in accessing legal assistance and understanding their rights. Individual Indicators of Social Disadvantage Employment Income Levels In Mid North Coast (Statistical Division), the median weekly individual income for persons aged 15 years and over who were usual residents was $344, compared with $466 Australia wide. The median weekly household income was $642, compared with $1,027 Australia wide. The median weekly family income was $821, compared with $1,171 in Australia.28

Unemployment The unemployment rate on the Mid North Coast is 7.8%. This is higher than the NSW average of 5.2%. Four out of 8 of the largest towns on the Mid North Coast have unemployment levels in excess of 10%.

25 Karras, M, E McCarron, A Gray & S Ardasinski 2006, On the edge of justice: the legal needs of people with a mental illness in NSW, Law and Justice Foundation of NSW, Sydney, 2006, p.xvii-xviii. 26 Draft Mid North Coast Regional Strategy 2006-31, NSW Government Department of Planning, December 2006, p.6. Please note that these Department of Planning Statistics also include local government areas of Clarence Valley and Lord Howe Island, but does not include the Great Lakes local government area. 27 While this is certainly not the case in all parts of the Mid North Coast, there are many areas outside the larger centres that do face difficulties in providing opportunities and infrastructure for the local young people. 28 Household income is defined as the sum of individual incomes of each resident. Family income is defined as the sum of individual incomes of each resident where the household could be defined as a family, and does not include lone person or group households. ABS 2006 Census Quickstats: Mid North Coast

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Table 6: Weekly rent, individual weekly income and unemployment rate by LGA29

Local Government Area Median weekly rent

Median individual

weekly income

% Unemployment

rate Coffs Harbour 285 371 8.7 Bellingen 255 336 10.5 Nambucca 240 296 15.2 Kempsey 210 319 11.7 Port Macquarie- Hastings 285 361 8.5 Greater Taree 230 336 10.5 Great Lakes 250 338 9.3 Gloucester 220 343 6

Unemployment, combined with low median income and high rent, suggest that many people who may require legal assistance on the Mid North Coast would be unable to afford a private solicitor. A Mid North Coast CLC would make a significant contribution towards addressing this need.

Family and domestic relationships Single Parent Families Single parent families increased Australia wide as a proportion of all families with children under 15 years for most of the twenty years since 1986. In 2003–04, government pensions and allowances were the principal source of income for 61% of single parent families.30 Compared with other structures, single parent families are considered to be at a higher risk of disadvantage, for example, in income, housing, employment and social participation. Reflecting this, research shows that significant numbers of single parent families face serious disadvantage including long term welfare dependency and are more likely than other families to live in poverty and hardship. The NSW percentage of families that are considered single parent families is 16.1%. As can be seen in the table below, the majority of local government areas on the Mid North Coast have a higher than average percentage of families that are single parent families. Many single parent families face financial and family legal issues and would be assisted by a community legal centre. Table 7: Percentage of single parent families by Local Government Area

Local Government Area % of single parent families Great Lakes 14.7 Greater Taree 17.5 Gloucester 11.3 Port Macquarie-Hastings 15.8 Coffs Harbour 19.6 Bellingen 19 Nambucca 18.7 Kempsey 21.3 NSW average 16.1

29 ABS employment figures do not take account of the large number of people who have simply given up looking for work or those who would work longer hours if they could. To be classified as employed by the ABS a person only need work one hour a week. 30 Linacre, Susan. One-parent Families, Australian Social Trends 2007, Australian Bureau of Statistics, Catalogue No. 4102.0, Commonwealth of Australia 2007, p. 4.

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Family Violence The Mid North Coast region now ranks fourth in NSW for the number of domestic violence incidents, with the latest Bureau of Crime Statistics figures revealing a 25% increase in assaults. The figures show the Mid North Coast had 1515 domestic-violence related assaults reported in the 12 months to March 31, 2009, compared to 1326 for the previous year.31 This makes the region a higher risk for this crime than south-western Sydney, and places it 30% above the per capita State average for incidents of domestic violence. Women who have experienced family violence face particular challenges in accessing the justice system. Despite the increase in the availability of legal information, women continue to experience difficulties in obtaining legal assistance for family violence. In November 2009 the Women’s Legal Services NSW (WLSNSW) received a grant to improve access to justice for women who have experienced family violence. A free legal advisory service is provided to women throughout NSW by phone, but face-to-face advice sessions are restricted to clients having access to the WLSNSW offices, the most northern located of which is in Wyong, some two hundred kilometres from the closest boundaries of the Mid North Coast region. The project aims to improve legal assistance to women living in communities that have been identified as having high unmet legal need and who have experienced family violence. The Mid North Coast of NSW is one of the six identified areas. This identified need is reflected in domestic violence statistics for Kempsey which show that it has the highest level of domestic violence and repeat incidents on the Mid North Coast with police local area command suggesting that domestic violence in this LGA has risen by some 40% in the past year.32 A CLC could work with other services, such as the WLSNSW, to address this legal need by assisting women who face family violence to access legal information, advice and representation. Housing Housing affordability is a growing issue on the Mid North Coast. Over the past 25 years the Mid North Coast has experienced a 70% population increase, consisting mostly of retirees.33 The largest increases have been in the coastal areas of Port Macquarie–Hastings, Coffs Harbour and the Great Lakes area, including Forster–Tuncurry. Consequently, the coastal property values in those areas have significantly increased. While there has been a steady increase in the Mid North Coast population, the availability and quality of public and community housing stock has declined over the last decade. The Australian Government’s share of funding for the Commonwealth State Housing Agreement (CSHA) has fallen by over 30%. There has also been a decline in investment properties in the region.

31 Luke Hartsukyer (5 November 2009) Increase in domestic violence on Coffs Coast focus of meeting with Tony Abbott, Media Release. 32 Mr. Andrew Stoner, Member for Oxley, Legislative Assembly, 13 May 2009, http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LA20090513032 Accessed: 16 November 2009 33 Mid North Coast Regional Council for Social Development, http://www.Mid North Coastrcsd.com.au/index.php. Accessed: 4 November 2009

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Table 8: Median Weekly Rent by Local Government Area34

Local Government Area Median weekly rent

Coffs Harbour $285

Bellingen $255 Nambucca $240 Kempsey $210 Port Macquarie- Hastings $285 Greater Taree $230 Great Lakes $250 Gloucester $220

A direct consequence of limited housing stock availability is steady increases in rent. When adding to this situation the increased cost of living, an increasing number of families and individuals do not have secure affordable housing, resulting in increased numbers of homeless people.35 A CLC could provide community education and work with local services such as the Mid Coast Tenant’s Advice Service to ensure that disadvantaged people on the Mid North Coast have access to advice about their rights and responsibilities in tenancy disputes. There could also be advice sessions set up specifically to address the legal needs of people at risk of homelessness or who are already homeless. Education The Mid North Coast has a lower proportion of persons with tertiary qualifications (35.2% compared to 40.7% for the State). Bellingen (39.7%), Coffs Harbour (37.9%) and Hastings (37.5%) have the highest proportion of persons with tertiary qualifications in the Mid-North Coast.36 Aboriginal and Torres Strait Islander Education Generally within Australia, ATSI persons appear underrepresented in achieving tertiary qualifications, with only 5.2% possessing degree level or higher qualifications within the 25-64 year age band. The figure for the general non-indigenous population is significantly higher at 21.5%.37 This presents a two fold problem for providing resources in areas with a high indigenous population, such as many parts of the Mid North Coast. Lower levels of educated persons in the indigenous population lead to an increased need for advocacy, information services, and financial advice. This need for assistance in negotiating bureaucracies is at least partly because more indigenous persons have poor literacy and difficulty negotiating and accessing information. Secondly, lower proportions of tertiary-qualified persons equate to fewer indigenous legal and social service practitioners to serve their community. The more remote the area, the lower the proportion of indigenous persons possessing tertiary qualifications, contrary to trends in the non-indigenous population, where remoteness has only a minor affect on attainment of tertiary qualifications. The ALS currently represents and assists Indigenous persons with criminal matters on the Mid North Coast. However, a large gap exists in provision of services for non-criminal advocacy and advice where there is no access to a local CLC. 34 ABS, 2006, Quick Stats (per LGA) 35 “Which way home? A new approach to homelessness, Mid North Coast Regional Economic Profile, Housing Data for Mid-North Coast Statistical Division. 36 Mid North Coast Regional Economic Profile, Mid North Coast Regional Development Board, April 2008, p. 5. 37 ABS, 2006, Indigenous Statistics for Students, Education – Non School Qualifications

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Legal Needs Research and Consultation with the Mid North Coast Community Introduction While the socio-economic research provides an indication of the level of unmet legal need across the region, the project also sought to undertake legal needs research. The aim of this research was to identify specific substantive and procedural legal issues facing disadvantaged communities.

Consultations with community agencies, government departments and charities The project conducted a legal needs survey of community agencies across the Mid North Coast. Surveys were returned from fifty community agencies covering a wide cross-section of services providers covering the general community, youth, women, families in crisis, the aged, Aboriginal women, people with disabilities and people with mental illness. A copy of the survey is attached at Appendix C. Consultations were also held with workers from community agencies to gain further information about legal needs. It was decided to conduct this research with community agencies because of their established relationships with people from disadvantaged communities across the region and their ability to provide insights into needs and issues gained from their experience working with many individuals. It is acknowledged that this information will not necessarily be representative of the whole population of the Mid North Coast as there are many disadvantaged people who do not access any services. However, given the resources available for this project it was decided that this would at least provide a general overview of the legal needs of the disadvantaged communities of the Mid North Coast. According to consultations with the community agencies, clients most commonly presented with the following legal issues: Table 9: Most Commonly presented Legal Issues – Community Agency survey results

Legal Issue % Housing/Accommodation 10.3 Centrelink Issues 8.2 Family Violence 7.9 Debt and Credit Issues 7.9 Criminal Law 7.4 Disability/Mental Health Issues 7.4 Family Law 7.1 Child Protection 6.2 Wills, POA, Guardianship 5.6 Neighbour Disputes 5.3 Police Issues 5.0 Traffic Offences 4.7 Youth Issues 4.7 Employment 3.5 Discrimination 2.4 Consumer 2.1 Personal Injury 1.8 Immigration Issues 0.9 Other 0.7 Freedom Of Information 0.6 Commercial Dispute 0.3

23

It was suggested that for approximately 80% of these legal issues, the community agency did not have an appropriate service to refer the client on to for appropriate legal advice and assistance. Of those agencies that were able to refer a client, many noted that they were not always confident that the referrals would lead to appropriate legal assistance. A CLC would provide these community agencies with an appropriate agency to refer their disadvantaged clients to. When the agency was able to refer clients on, the services they mostly referred to were:

Table 10: Most Common Local Legal Services Community Agencies referred to

Client referred to % Local Court 16.4 Private Solicitor/Barrister 14.7 Legal Aid Commission 13.6 Police 13.0 Community Organisation 11.4 Ombudsman 10.3 Aboriginal Legal Service 9.8 Law Access 6.5 Other 4.3

Of the agencies surveyed, 100% said they would refer clients to a Mid North Coast Community Legal Centre. In total survey results indicated that they would refer over 2100 people per year.38 While this figure is an estimate only and would probably include some duplication of clients between agencies, it still indicates a very high level of legal need that could be met by a Mid North Coast CLC. When asked if they felt community legal education sessions would be beneficial to their client base, 63% agreed that they would, 6% thought they wouldn’t and 31% were not sure. 81% of community agencies thought that professional legal education would be useful in better assisting disadvantaged clients on the Mid North Coast, particularly in conducting ‘warm referrals’.39 Table 11: Possible CLC Legal Services most useful on the Mid North Coast

Legal Services Most Utilised % Legal Information 16.5 Community Education Sessions 16.9 Legal Advice Central Office 7.6 Self Help 18.3 Outreach Services 11.3 Legal Advice on Phone 10.8 Legal Representation in Court 10.5 Legal Representation Writing 8.1

Consultations with Members of the Public Members of the public were consulted through a survey (see Appendix D). Surveys were distributed widely through community organisations along the Mid North Coast. The survey was also placed on the Port Macquarie Hastings Council website and at the Port Macquarie local library in hard copy. Over 70 individuals responded to the survey. 38 Self-estimation based on each agency’s clients over the 12 months prior to the survey. 39 Referred to in Law and Justice Foundation research, a ‘warm referral’ involves contacting another service on the client's behalf and may also involve writing a report or case history on the client for the legal service and/or attending the service with the client: Karras, M, McCarron, E, Gray, A & Ardasinski, S, On the Edge of Justice: The legal needs of people with a mental illness in NSW, The Law and Justice Foundation of NSW, 2006, p. 169.

24

However, the majority of these responses came from the Port-Macquarie Hastings LGA (due to the strong cooperation of this Council in distributing the survey) so do not necessarily reflect the legal needs of the whole Mid North Coast. Unfortunately, there were no responses from individuals in Coffs Harbour, Bellingen or Nambucca LGAs and relatively few responses from Greater Taree LGA. Of those who did respond, 23.5% were from culturally diverse backgrounds. According to those who responded to the individual survey, the most common legal issues were: Table 12: Most common legal issue for individuals

Legal Issues % Family Violence 11.2 Housing/Accommodation 8.7 Family Law 8.7 Neighbour Disputes 8.1 Traffic Offences 7.5 Intervention Orders 6.8 Criminal Law 6.2 Debt and Credit Issues 5.6 Centrelink Issues 5.6 Police Issues 5.0 Wills, POA, Guardianship 5.0 Child Protection 3.1 Consumer 3.1 Discrimination 3.1 Employment 3.1 Disability/Mental Health Issues 3.1

When individuals were asked who they went to for help when they had a legal issue, the surveys demonstrated that 23.9% would seek assistance from a private solicitor/barrister, with 14.9% going to the Police and 14.9% seeking assistance through other mechanisms. Table 13: Services individuals went to when they had a legal issue

Legal assistance % Private Solicitor/Barrister 23.9 Police 14.9 Other 14.9 Legal Aid Commission 11.9 Community Organisation 9.0 Law Access 7.5 Aboriginal Legal Service 6.0 Ombudsman 6.0 Local Court 6.0

Assessment of the Demand for Legal Services Where these were available, local statistics were examined to find factors which prevented access to legal services. In particular, we examined the data released by the Law and Justice Foundation which examined how disadvantaged people deal with legal problems in six disadvantaged areas of NSW. The Law and Justice Foundation also provided some aggregated data from Data Digest Online relating to the eight LGAs considered in this report.

25

NSW Legal Needs Survey in Disadvantaged Areas: Nambucca The Law and Justice Foundation’s report, Justice Made to Measure: NSW Legal Needs Survey in Disadvantaged Areas (2006) 40, is the most comprehensive assessment of legal needs in NSW in three decades. Given the evidence suggesting that disadvantaged groups are particularly vulnerable to legal problems, the study focused on legal needs in six disadvantaged areas in NSW with a view to providing empirical data to inform the provision of legal service. One of the six disadvantaged areas surveyed was Nambucca Heads, a township approximately one hour north of Port Macquarie, which falls within the Mid North Coast region. The Law and Justice Foundation have released a document, NSW Legal Needs Survey in Disadvantaged Areas: Nambucca (‘Nambucca Report’)41 which provides detailed descriptive information on the main indices for the Nambucca LGA. The Law and Justice Foundation noted that while there is a limit to the degree to which the results can be generalised to other areas of NSW, the data reveals the issues facing people living in these areas and perhaps point to barriers in accessing justice among disadvantaged populations more generally. Justice Made to Measure: NSW Legal Needs Survey in Disadvantaged Areas adopted a broad definition of ‘access to justice’ due to the empirical evidence showing that people faced with legal events use a wide range of both legal and non-legal sources of assistance. The study examined the ability of people in socio economically disadvantaged areas to: 1. Obtain legal assistance, including

• Legal information (e.g. via pamphlets, internet sites, videos, tapes, helplines, legal textbooks, legislation, caselaw)

• Legal advice from legal professionals (e.g. private lawyer, a legal aid officer, a community legal centre solicitor, a lawyer via telephone services such as LawAccess NSW or via internet services such as the LawStuff email advice service)

• Initial legal assistance where a legal professional is engaged to advocate or negotiate a matter prior to the initiation of court proceedings or litigation.

• Legal representation where a legal professional is engaged to prepare/lodge legal documents or to provide representation in formal legal proceedings (e.g. commercial dealings, interlocutory proceedings, tribunal/court hearings)

2. Participate effectively in the legal system, including being able to access legal assistance without facing major barriers (e.g. high costs, delay, unnecessary complexity, inadequate representation, power imbalances).

3. Obtain assistance from non-legal advocacy and support, including family, friends and

acquaintances; community based workers (e.g. social/welfare/health/psychological workers, financial counsellors); government authorities (e.g. government departments, the police, members of parliament); non-government organisations (e.g. trade unions, professional bodies); and complaint handling bodies (e.g. ombudsman’s offices).42

Although Nambucca LGA is classified as a rural area, it is similar in many ways to the overall sample interviewed for this survey on legal need, with only a few points of difference between the sub-sample and all regions on the Mid North Coast. The Nambucca Report notes that in this LGA people

40 Coumarelos, Christine, Zhigang Wei and Albert Z. Zhou 2006, Justice Made to Measure: NSW Legal Needs Survey in Disadvantaged Areas, Access to Justice and Legal Needs Volume 3, Law and Justice Foundation of New South Wales. 41 Reiny Iriana, Anne Grunseit, Christine Coumarelos & Zhigang Wei, NSW Legal Needs Survey in Disadvantaged Areas: Nambucca, Law and Justice Foundation of NSW, Justice Issues, Paper 6, September 2008. 42 Coumarelos, Christine, Zhigang Wei and Albert Z. Zhou 2006, Justice Made to Measure: NSW Legal Needs Survey in Disadvantaged Areas, Access to Justice and Legal Needs Volume 3, Law and Justice Foundation of New South Wales, p.44-45.

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experience a reasonably high incidence of legal needs over a one-year period. Approximately 66% of Nambucca participants reported experiencing one or more legal events in the previous 12 months, and approximately 32% reported experiencing three or more legal events. Nambucca participants reported criminal matters at a significantly lower rate than the overall sample in the Law and Justice Foundation report. By contrast, the Nambucca participants reported family matters at a significantly higher rate than the overall sample, the highest proportion reported for all regions. This is consistent with a high need generally for family law assistance on the Mid North Coast, which can be seen in the following data from the Data Digest Online.

Information taken from NSW Legal Needs Survey in Disadvantaged Areas: Nambucca - for a full copy of this report go to:

http://xml.lawfoundation.net.au/ljf/site/templates/justiceissues/$file/JI6_Nambucca_web.pdf

27

Data Digest Online The Law and Justice Foundation were able to provide aggregated data from the Data Digest Online (DDO) for the eight Local Government Areas considered in this report. The data comprises aggregated data of services provided by Legal Aid NSW, LawAccess NSW and CLCs from 2005-2007, derived from the DDO whilst still in its development phase. The DDO forms part of the Access to Justice and Legal Needs Research Program, the goal of which is to identify the particular legal and access to justice needs of economically and socially disadvantaged people in NSW. DDO analyses data collected by the main publicly funded NSW legal service providers on the nature of inquiries received, the demographic characteristics of inquirers and the pathways they took to resolve their issues. The data was provided to be included as part of the Mid North Coast Legal Needs Analysis with some explanations and qualifications.43

The data includes the top fifteen legal matters for each LGA in descending order of frequency. Rates per 1000 residents are more useful than numbers when making comparisons across areas with very different base populations.

Table 12: Data Digest Statistics 2005-2007 for Mid North Coast LGAs

Data Digest StatisticsLegal Issues vs Number / 1000 pa

5.83

1.931.56 1.67

1.391.14

0.82 0.850.66

1.44

0.830.60

0.00

1.00

2.00

3.00

4.00

5.00

6.00

7.00

Fam

ily -

Chi

ldre

n --

Res

iden

ce/c

onta

ct

Civ

il -

Cre

dit/D

ebt -

Deb

t

Crim

inal

- C

rimin

alof

fenc

es -

Mot

or/tr

affic

offe

nces

Fam

ily -

Fin

anci

alm

atte

rs -

Pro

pert

y/fa

mily

Crim

inal

- C

rimin

alof

fenc

es -

Offe

nces

agai

nst p

erso

ns

Civ

il -

Civ

il ot

her

-C

ivil

othe

r

Civ

il -

Gov

ernm

ent -

Pen

sion

s/al

low

ance

s

Crim

inal

- C

rimin

alof

fenc

es -

Offe

nces

-ot

her

Crim

inal

- C

rimin

alof

fenc

es -

Dom

estic

viol

ence

Fam

ily -

Rel

atio

nshi

ps -

Fam

ily-o

ther

Fam

ily -

Chi

ldre

n -

Chi

ld s

uppo

rt

Civ

il -

Will

s/E

stat

es -

Will

s

Legal Issue

Nu

mb

er M

atte

rs /

1000

per

an

nu

m

For all eight LGAs the most frequently inquired legal matter was ‘Residence/contact’ and each of the eight LGAs had ‘Debt’ in their top four most frequently inquired legal matters.

43 Source agencies may not have had full opportunity to check their data for accuracy and completeness. Data reflects only “expressed” need - in any given area there will be many other people with legal problems who did not seek assistance for their problems. Data does not include information from the Aboriginal Legal Service, a range of outreach and court services, matters dealt with by Legal Aid NSW’s information service, duty solicitors or private solicitors undertaking legal aid work. DDO data is based on all legal matters, not primary matters only which means that the data from DDO may not be comparable with other sources of published legal services data.

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Port Macquarie-Hastings ‘Residence/contact’ matters were the most frequently inquired legal matter (4.85 matters per 1000 residents) and these outnumbered the next highest, ‘Debt’ (1.70 matters per 1000 residents), by almost three to one. Kempsey ‘Residence/contact’ matters were the most frequently inquired legal matter (5.59 matters per 1000 residents) and these outnumbered the next highest, ‘Offences against persons’ (2.15 matters per 1000 residents) by almost three to one. Notably, Kempsey was the only LGA of the eight which had criminal offences (as a specific area of law) as second (‘Offences against persons’ 2.15 per 1000 residents) and third (‘Offences - other’ 1.96 per 1000 residents) most frequently inquired legal matters. Nambucca ‘Residence/contact’ matters were the most frequently inquired legal matter (4.90 matters per 1000 residents) and these outnumbered the next highest, ‘Motor/traffic offences’ by two to one. Bellingen ‘Residence/contact’ matters were the most frequently inquired legal matter (7.03 matters per 1000 residents) and these outnumbered the next highest, ‘Property - family’ (2.07 matters per 1000 residents) by more than three to one. Coffs Harbour ‘Residence/contact’ matters were the most frequently inquired legal matter (9.84 matters per 1000 residents) and these outnumbered the next highest, ‘Debt’ (2.87 matters per 1000 residents) by more than three to one. Interestingly Coffs Harbour and Bellingen are the only two LGAs that do not have ‘Domestic Violence’ as one of their top fifteen legal matters. Gloucester ‘Residence/contact’ matters were the most frequently inquired legal matter (4.37 matters per 1000 residents) and these outnumbered the next highest, ‘Debt’ (2.08 matters per 1000 residents) by two to one. Gloucester is the only LGA which has ‘Domestic violence’ in the top four most frequently inquired legal matters. It is also the only LGA which has ‘Pensions/allowances’ in the top four most frequently inquired legal matters - all other LGAs have it listed as number twelve or fifteen. Great Lakes ‘Residence/contact’ matters were the most frequently inquired legal matter (4.51 matters per 1000 residents) and these outnumbered the next highest, ‘Family - other’ (1.71 matters per 1000 residents) by almost three to one. Greater Taree ‘Residence/contact’ matters were the most frequently inquired legal matter (5.57 matters per 1000 residents) and these outnumbered the next highest, ‘Property - family’ (1.79 matters per 1000 residents) by three to one. Existing Legal Outreach and other Legal Resources Free or subsidised legal services currently available in the Mid North Coast include:

• private solicitors; • Local Court Services/ Chamber Registrars; • Duty Solicitor rosters at Taree, Port Macquarie, Forster/ Tuncurry Courts – organised with local

practitioners who are paid a sessional rate by Legal Aid Commission;

29

• the Police Prosecutor – who represents applicants seeking Apprehended Violence Orders in domestic violence matters only or where the person in need of protection is under the age of 16 years for non-domestic violence matters;

• Hunter Community Legal Centre – phone advice for residents of Great Lakes and Taree LGAs. • Legal Aid Commission – offices in Newcastle and Coffs Harbour; Legal outreach at Taree

(every Thursday for 2 hours), Kempsey (family law advice once a month and advice for people who are homeless or at risk of homelessness every Wednesday for 2 hours), Forster (family law once a month) and Port Macquarie (family law by appointment); Nambucca (half a day in Bowraville and half a day in Macksville each month); (LawAccess (legal information and referral by phone);

• Aboriginal Legal Service – Kempsey and Taree, responsible for providing free legal service to the Aboriginal community; undertakes court representation and only covers criminal law matters; it will not represent one Aboriginal person against another;

• Many Rivers Violence Prevention Unit – Kempsey, free service for victims of family violence, Indigenous women and children, non - Indigenous women with Indigenous children and Indigenous men who are victims of violence.

• Wauchope Neighbourhood Centre – private solicitor attends 30 minute appointments for legal advice on any legal matter (Second Wednesday and last Thursday of the month);

• Nambucca Valley Neighbourhood Centre – will refer clients to local solicitors for assistance where possible or to the Legal Aid Commission in Coffs Harbour;

• Community Justice Centre (CJC) – operates from Newcastle, and conducts mediation only with parties willing to participate in mediation, at local court mediation rooms: local courts located at Coffs Harbour, Forster, Kempsey, Macksville, Port Macquarie, Taree and Wauchope. No legal or other advise provided.

The Mid North Coast Legal Resources Directory44 also refers to other organisations that provide help with law-related issues like alternative dispute resolution, child support, consumer information, financial counselling and discrimination. A large portion of these services are phone advice only. Legal Aid Commission There are Legal Aid Commission (LAC) offices in Coffs Harbour and Newcastle. Coffs Harbour Legal Aid provides limited services outside the Coffs Harbour area, as well as a telephone advice service. However, Legal Aid and CLCs are intended to fulfil different legal assistance roles and most regions have both a Legal Aid Commission office and a CLC. Additionally, there are many disadvantaged groups which have legal problems but may not, for one reason or another, meet the criteria for obtaining a grant of legal aid and do not have the resources to pay for a private solicitor.

Aboriginal Legal Service The Aboriginal Legal Service (ALS) has offices in Kempsey and Taree and is responsible for providing free legal advice to the Indigenous community in the area of criminal law. The solicitors will undertake court representation in criminal law but will not represent one Indigenous person against another. The ALS previously provided legal representation in family law matters and civil matters, but now has insufficient funding to provide any assistance in such matters. With such a significant Indigenous representation in the populations of Kempsey (9.5%) and Taree (4.3%), and also Nambucca Heads (5.9%) there is a significant gap in the provision of legal services for these communities in this area. By well accepted standards, the Indigenous population generally has lower socio-economic means to attain legal assistance privately, generally live in more remote communities than the general population, and

44 This is a collection of free legal assistance organisations and other related resources available for people living on the Mid North Coast of NSW and is the work product of the Port Macquarie Neighbourhood Centre as part of the Mid North Coast Community Legal Centre Project. The Directory includes not only organisations that provide legal advice per se, but also agencies that provide help with law-related issues like alternative dispute resolution, child support, consumer information, financial counselling and discrimination. See Appendix D

30

have lower attained education levels with which to manage their legal and personal affairs without assistance from services such as a CLC. Private Lawyers The majority of lawyers working on the Mid North Coast are located in Coffs Harbour and Port Macquarie, with the remainder located in regional centres. For example, Coffs Harbour and Port Macquarie have 25 and 22 solicitors/law practices respectively (Coffs Harbour also has a Legal Aid office), while Kempsey and Taree each have nine listed solicitors/law practices including the Aboriginal Legal Service and Forster/Tuncurry has eight. Nambucca Heads has only three listed solicitors/law practices and Bulahdelah has none.45 Of the listed centres only some undertake legal aid work. In towns with a limited selection of private lawyers, conflict of interest and concern about maintaining anonymity are significant issues that result in people who are able travelling to larger centres such as Newcastle or Coffs Harbour to access a private lawyer. For people who have complex needs, cost remains a significant barrier to accessing private legal advice. While some private law firms will arrange payment schemes, undertake work on a contingency fee basis and give some advice pro bono, this still only scratches the surface of the need for legal assistance. Local Court Services / Chamber Registrar Most full-time local court registries have a registrar or deputy registrar who can provide information, assistance and guidance to members of the public on local court procedures and applications. Court registry staff can help the public:

• apply for an apprehended violence order • apply for urgent apprehended violence orders including when there has been an injury to the

person and/or damage to their property • when local court proceedings have commenced (eg. civil claims) • when an agency such as a community legal centre has provided you with advice and referred

you to the local court for information or assistance with forms • when telephone assistance may be difficult • witness court documents.

Local court staff and the chamber service can also help prepare some court documents for matters to be heard by a local court, including:

• applications to commence proceedings (including Statements of Claim for civil proceedings) where the cause of action is straight forward

• apprehended domestic and personal violence applications • defences, notices of motion to stay proceedings and set aside judgment in civil actions (but

not advice on what to say in support of a defence or motion) • family law applications • family law recovery orders in limited circumstances, primarily in country locations where no

other service is available. The amount of service each court registry offers is decided locally according to their workload and days available. On the Mid North Coast, for example, Forster, Taree, Port Macquarie, Kempsey, Macksville, Bellingen and Coffs Harbour Local Courts provide registry services from Monday to Friday. However, Gloucester Local Court is only open on Wednesdays and Wauchope Local Court is only open on Tuesday, Wednesday and Friday for shortened hours. Legal Outreach (Legal Aid/ CLCs/Private Solicitors) and Community Agencies

45 This information was taken from the Law Society of NSW website. The online directory includes NSW solicitors who hold current practising certificates as at June 2009. Law firms and small practices were only counted once.

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Some neighbourhood centres and community agencies on the Mid North Coast have organised local solicitors or Legal Aid to provide pro bono legal advice sessions to individuals in their local community. While pro bono contributions of local private solicitors and other outreach are commendable, these do not offer a viable long term solution to the provision of legal advice to the socially disadvantaged community. The Taree legal outreach clinic is one example of an outreach clinic which commenced at Manning Support Services in Taree in November 2008. It is operated by a roster of solicitors providing advice at the clinic from Legal Aid Newcastle, Hunter Community Legal Centre and Walker Smith Lawyers in Taree. It is one of approximately ten outreach clinics currently available on the Mid North Coast (listed in the Legal Resources Directory – see Appendix E). The Taree legal outreach clinic is being monitored by the Cooperative Legal Service Delivery (CLSD) Program Unit and a monthly statistical report is being provided by Manning Support Services in relation to usage of the Legal Advice Clinic. This service is being increasingly booked out (25 bookings a month) for advice on family law, civil law and criminal law matters. The biggest area of demand is civil law with the appointments booked out for months in advance. If a civil law matter is urgent with an imminent court date, callers are referred to LawAccess NSW, or Hunter CLC or Legal Aid Newcastle. Matters for which appointments are commonly made include traffic offences, mortgage issues, harassment, discrimination, credit and debt issues, tenancy, insurance claims, boundary dispute, neighbour dispute, Centrelink issues, WorkCover, wills, power of attorney and guardianship. There is also a high volume of family law matters. Appointments have been made for the following matters: access & residence, property, divorce, grandparents’ rights, changing child’s name and mediation. No child support yet – but these matters will be referred to Legal Aid’s Child Support and family law advice service in Taree held at the Centrelink office on the fourth Wednesday of the month.

Table 14: Types of matters dealt with at Taree Outreach Clinic November 2008 - May 200946

Matter types Nov 08 Dec 08 Jan 09 Feb 09 Mar 09 April 09 ADVO 1 3 1 AVO 1 Centrelink/Govt Agency 1 2 Children 3 1 5 3 4 Consumer Issues 1 3 Credit & Debt 1 1 1 Discrimination 1 1 Divorce 2 1 2 1 3 4 Family dispute 1 1 2 3 6 Grandparent Issues 2 1 Housing 1 Mortgage/loans 2 1 Name change 1 1 Neighbourhood dispute 2 1 1 1 Property dispute 2 2 2 3 Traffic Offences 2 2 Wills 1 1 2 1 Total 9 13 15 14 20 21

A number of community agencies undertake work of a semi-legal nature: Financial Counsellors (debt, credit and fines), Mid Coast Tenants Advice and Advocate Service (tenancy), Women’s Domestic

46 Taree Outreach Clinic Evaluation, Cooperative Legal Service Delivery Program, November 2008 – May 2009

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Violence Court Advocacy Service (court assistance, sexual assault, domestic violence) and Disability Advocacy NSW (disability discrimination). However, these agencies report that while they can provide legal referral and initial advice, if the matters become more complex the must refer on to a legal agency or private solicitor. Unfortunately, for many of these matters legal aid is extremely limited and private lawyers are beyond the financial reach of many clients.

State-wide services (e.g. LawAccess Online) LawAccess NSW is a free telephone service that provides legal information, advice and referrals for people who have a legal problem in NSW.47 Between 2002 and 2004 Gosford-Wyong, Inner Sydney, Richmond-Tweed, Central Western Sydney, Mid-North Coast and Outer Western Sydney recorded the highest rates of legal inquiries to LawAccess NSW. 48 As the population has continued to grow rapidly on the Mid North Coast in this time (and there has been little change in access to affordable legal assistance) one can assume that the number of calls from the Mid North Coast have continued to grow. Telephone advice lines are invaluable ways of providing advice to people having difficulty accessing legal assistance face-to-face, such as those living in rural and regional areas. However, as mentioned previously, a number of service providers interviewed for this report noted that people with certain cognitive disabilities, mental illness, language barriers or with poor educational levels found the process of communicating with lawyers and other services over the phone daunting. They also noted that there are often little or no support services available in remote, regional areas of the Mid North Coast which might assist in suggesting or making an initial phone call to a service like LawAccess and helping the person to understand the information. Similar difficulties were noted in a study undertaken by the Law and Justice Foundation, On the Edge of Justice: The Legal Needs of People with a Mental Illness in NSW, in relation to people with a mental illness. In the consultations for this study, a community legal centre solicitor stated that “It is hard for people with a mental illness to ring the advice line, so they tend to do better with face-to-face advice. They just find it very difficult to find us and ring up.”49

47 LawAccess Online, http://info.lawaccess.nsw.gov.au/lawaccess/lawaccess.nsf/pages/about_us (accessed June 2009). 48 Cain, M, Data digest reports, Law and Justice Foundation of NSW, Sydney, 2007 accessed http://www.lawfoundation.net.au/ljf/app/&id=B8D52A4BFF43BC23CA2572420006CDC9 (June 2009). 49 Karras, M, E McCarron, A Gray & S Ardasinski 2006, On the edge of justice: the legal needs of people with a mental illness in NSW, Law and Justice Foundation of NSW, Sydney, 2006, p.103-104.

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4. DISCUSSION OF RESULTS The survey and other data confirmed that the Mid North Coast region has one of the highest levels of social disadvantage in NSW, with extensive social and geographic isolation, separation from family networks and limited social and economic infrastructure. A variety of socio-demographic groups have been identified in the literature as being relatively more vulnerable to suffering disadvantage. These groups include women, young people, older people, Indigenous people, people from a non-English speaking or different cultural background, people with a disability, people with low or no income, people with low education or literacy, people living in institutions (e.g. prisons, juvenile correction centres, immigration detention centres, nursing homes) and homosexual and transgender individuals.50 Considering these socio-demographic groups, the Mid North Coast has: areas with high concentrations of Aboriginal and Torres Strait Islander people51; the statistical division with the second highest number of people over the age of 65 in Australia52; a high percentage of people with some form of disability53; and a median weekly individual income that is significantly under the Australian average.54 This socio-economic profile of the Mid North Coast establishes that the region has the underpinning level of disadvantage that a community legal centre could seek to address. Added to this is the more specific findings of is the LJF Legal Needs Survey of Disadvantaged Areas which surveyed the Nambucca LGA and provides more qualitative data about the specific legal needs of people on the Mid North Coast. While the disadvantaged status of many on the Mid North Coast is established by this data the local survey and consultations add to this picture and become more relevant. The survey and consultations found that the 50 government and non-government agencies surveyed attempt to refer 2,100 people annually for legal advice. However in 80% of the legal issues presented to them could not be referred to an appropriate legal service. All of the respondents indicated that many of these clients would be appropriate for referral to a community legal centre. While this research has explored existing avenues of access to the legal system there are a range of reasons why such service cannot meet the specific demands of disadvantaged people on the Mid North Coast effectively. One of the key issues in any discussion about access to justice for disadvantaged groups on the Mid North Coast is the remote, rural and regional status of the area.

Anecdotal evidence and research by the Law and Justice Foundation indicate that affordable legal services are less available in rural and regional areas than elsewhere.55 This is certainly the case in the Mid North Coast region. In Disability Advocacy NSW’s experience the ability of persons living in rural, regional and remote parts of NSW (like the Mid North Coast) to access legal representation is

50 Schetzer, L, Mullins J & Buonamano, R, Access to justice and legal needs: a project to identify legal needs and barriers for disadvantaged people in NSW – background paper, Law and Justice Foundation of NSW, Sydney, 2002. 51 Aboriginal and Torres Strait Islanders make up 9.5% of the Kempsey Shire population, 5.9% of the Nambucca Shire population and 4.2% of the Greater Taree population. 52 Australian Bureau of Statistics, Population Aged 65 and over, Statistical Divisions, Australia, 30 June 2007. The five statistical divisions with the highest proportions of people aged 65 years or over in June 2007 were in regional areas: Yorke and Lower North (SA) (20.7%), Mid-North Coast (NSW) (19.5%), Wimmera (Vic) (19.4%), East Gippsland (Vic) (18.2%) and Far West (NSW) (17.8%). 53 5.7% of the population on the Mid North Coast has a need for assistance with core activities compared to 4.4% in NSW: Australian Bureau of Statistics, 2006 Census of Population and Housing. 54 The median weekly individual income for persons aged 15 years and over on the MID NORTH COAST was $344, compared with $466 in Australia: Australian Bureau of Statistics, 2006 Census Quickstats: Mid North Coast. 55 Karras, M, E McCarron, A Gray & S Ardasinski 2006, On the edge of justice: the legal needs of people with a mental illness in NSW, Law and Justice Foundation of NSW, Sydney, 2006, p.110.

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considerably poorer than persons living in metropolitan areas. Consultation on the Mid North Coast suggests that this is because:

• There is limited access to free legal advice and representation on the Mid North Coast. There are many disadvantaged people who need legal representation but do not meet the criteria for obtaining a grant of legal aid and do not have the resources to pay for a private solicitor;

• There are fewer private lawyers operating on the Mid North Coast. Increasing evidence shows that the number of lawyers in rural, regional and remote areas is either static or falling. This places additional pressure on those remaining (generally older) lawyers to do more pro bono work. Smaller firms or sole practitioners do not have the same leverage in terms of being paid to do pro bono work as lawyers from top tier firms with pro bono practices.56

• Fewer incentives for private lawyers to participate in pro bono programs (including undertaking Legal Aid work). While the last decade has seen a significant growth of pro bono, much of this work occurs in metropolitan areas. Lawyers working in rural areas on the Mid North coast face particular challenges in delivering legal services to their clients, including geographical isolation and limited access to resources and services. There are also difficulties with inflated costs associated with running an often small practice.57

• In regional communities on the Mid North Coast, due to smaller numbers of lawyers in practice, there is a greater likelihood that any lawyers willing to act on a pro bono basis will have a conflict of interest in acting for the client seeking pro bono assistance, as they, or their firm have often already advised other parties to the dispute.

• The time and costs of travel to many areas of the Mid North Coast for private lawyers based in metropolitan areas is a very significant disincentive to undertake pro bono referrals for this area. This also applies to Legal Aid and CLCs traveling to provide legal assistance through an outreach model;58 The cost of travel to metropolitan centres to access affordable legal services is also prohibitive for some clients who require legal assistance but cannot access it in their local area especially considering public transport in many parts of the Mid North Coast remains inadequate.

• Telephone advice lines are invaluable ways of providing advice to some people having difficulty accessing legal assistance face-to-face, but for people with certain cognitive disabilities, mental illness, language barriers or with poor educational levels the process of communicating with lawyers and other legal referral services over the phone is daunting. Rather than use these telephone advice lines many clients who live in rural or remote areas will avoid accessing legal advice at all. It is envisaged that a local CLC on the Mid North Coast would conduct regular outreach to surrounding regional areas in order to hold face-to-face interviews with clients.

The evidence does suggest that the Mid North Coast should be a high priority area but how might a community legal centre address some of the legal issues canvassed? Following is some information about the operation of community legal centres.

Community Legal Centres (CLCs) Community legal centres are independent, community based organisations that provide free legal advice and assistance, community legal education, community development and law reform work. Centres assist people who typically might struggle to access legal assistance – people on low incomes or social security benefits; people with a disability including mental illness; people from culturally and linguistically diverse backgrounds; Aboriginal and Torres Strait Islander people; and people experiencing homelessness.

56 Regional, Rural and Remote Pro Bono: Models and Opportunities, National Pro Bono Resource Centre, May 2006, p.5 57 Regional, Rural and Remote Pro Bono: Models and Opportunities, National Pro Bono Resource Centre, May 2006, p.4-5 58 Senate Legal and Constitutional Affairs Committee Inquiry into Access to Justice, Attorney-General’s Department, Submission No.48 Hunter Community Legal Centre Inc,, 2009, p.7.

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Community Legal Centres and Legal Aid CLCs and Legal Aid complement each other in providing access to justice to disadvantaged groups. However, each works in different areas of the law and have different eligibility criteria. It is for this reason that they are distinct, but equally important, government funded programs. While some legal aid services are provided free of charge, “to be eligible for a grant of legal assistance for legal representation, you must satisfy the means and merits tests and meet the relevant guidelines.”59 These tests assess the applicant’s income, assets and the merits of the claims with applicants often having to make a “small contribution”. In some cases, the applicant may have to repay some or all of the costs of the legal representation they receive with any contribution based on the financial situation of the applicant and the cost of the matter. National Legal Aid, in a submission to the Senate Legal Aid Inquiry in 2003, warned that the means test makes “a large percentage” of the Australian population ineligible for legal aid. Many of those who do not qualify for legal aid are not able to afford to engage a private lawyer, or can only do so with great hardship.60 Many of these people would be able to access assistance from a CLC. It is well documented through previous CLC submissions and reviews that there is an increased demand on CLC services when legal aid is cut and when legal aid policy or resource allocation is changed. The fact that the Mid North Coast does not have access to a CLC leaves one wondering – what happens to the people who cannot access legal aid and would traditionally turn to a CLC for assistance when there is no CLC to access? While the Mid North Coast has access to essential Legal Aid services, there are many people who do not meet the merits test for legal aid. This is where a Mid North Coast CLC could provide vital services to those who cannot, for whatever reason, obtain assistance through Legal Aid. Community Legal Centre Clients CLC clients are generally people on low incomes; a 2008 review of CLCs found that 58% of CLC clients received some form of income support. 82% earned less than $26,000 per annum.61 Indigenous people and people from culturally and linguistically diverse (CALD) backgrounds are significantly over-represented among CLC clients, compared to the NSW population as a whole.62 The outcome statement for the Commonwealth Community Legal Service Program set out in Program Guidelines and approved by the then Attorney-General in October 2005 is ‘equitable access to legal assistance services for disadvantaged members of the Australian community and those with special needs.’63 To achieve this outcome statement the following objectives are set:64

• Community legal services assist people, individually or collectively, as well as the community overall. Assistance is directed towards people who experience some form of system or socio-

59 Attorney-General’s Department Legal Aid Program. Available at: www.ag.gov.au/www/agd/agd.nsf (Accessed 30 October 2009) 60 National Legal Aid, National Legal Aid Response, Senate Inquiry into Legal Aid and Access to Justice, 2003, p. 11. Available at: www.nla.aust.net.au/res/File/PDFs/SenInq-accesstojustice.pdf (Accessed 30 October 2009) 61 Attorney General’s Department Report, Review of Commonwealth Community Legal Services Program, March 2008, p.6. 62 Review of the NSW Community Legal Centres Funding Program: Final Report, Commissioned by the Comonwealth and State Attorneys General, published by Legal Aid Commission of NSW, June 2006, p.8 63 Commonwealth Community Legal Services Program Guidelines, Attorney-General’s Department, p.6 64 Review of the Commonwealth Community Legal Services Program, Commonwealth of Australia, March 2008, p.17-18

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economic barrier to accessing legal services and/or whose interests should be pursued as a matter of public interest.

• Community legal service clients receive early assistance through the provision of appropriate information and referral.

• Community legal service clients gain a practical and improved understanding of legal and other options available to them through the provision of appropriate advice.

• Community legal service clients, through the provision of appropriate casework, gain an increased opportunity to pursue outcomes consiste3nt with their legal rights or entitlements and community legal service resources.

• Community legal education provides people, service providers and other agencies with opportunities to:

o Improve their awareness of the law, legal processes and other regulatory mechanisms where appropriate

o Increase their ability to understand and critically assess the impact of the law and the legal system on themselves, and/or

o Improve their ability to use the law, legal system and other regulatory mechanisms where appropriate.

• Community legal centres undertake law reform and policy work to meet the priority needs of the target groups and communities with whom they work.

• All services are delivered efficiently in order to provide accessible, responsive, respectful, understandable and useful services to clients.

In the recent Senate Inquiry into Access to Justice, the Access to Justice Division of the Attorney General’s Department commented on the role of community legal centres within the justice system:

“Community legal centres provide a range of assistance on legal and related matters to people on low incomes and those with special needs, with a focus on early intervention and prevention. They are a key component of Australia’s legal aid system and provide a distinctive form of service that complements services provided by legal aid commissions and the private legal profession.”65

Both the NSW and Commonwealth governments have recognised the important role CLCs play in the community by providing access to justice: “Community legal centres and legal aid provide valuable assistance to disadvantaged people in a range of areas, including family and criminal law, tenancy issues, employment disputes and consumer credit and debt…The Rudd Government recognises that without such support people can be prevented from fully participating in society, causing their problems to escalate and entrenching disadvantage.” Federal Attorney-General Robert McClelland, Media Release 18 April 2008 Pro bono work is provided in NSW by organisations including Legal Aid, LawAccess and community legal centres and “is an important tradition as it is the legal profession’s way of giving back to the community and helping vulnerable people.” NSW Attorney-General John Hatzistergos, Media Release14 May 2009

65 Senate Legal and Constitutional Affairs Committee Inquiry into Access to Justice, Attorney-General’s Department, Submission No.54, 2009, p.3.

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5. CONCLUSION This research set out to analyse the access to justice for disadvantaged people on the Mid North Coast of NSW especially in relation to the idea that a CLC would improve such access. This paper has shown that the Mid North Coast has a large disadvantaged community and a fast growing population and that these disadvantaged groups are unable to access CLCs in other parts of the state. It is a continuing anomaly that surrounding regions are well serviced by CLCs and the Mid North Coast is not. This report also shows that there is a strong local support for a CLC.

It is the strong recommendation of this report that the people of the Mid North Coast have access to a CLC in their region at the latest by 2011 to

address their current legal disadvantage.

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6. APPENDICES APPENDIX A: MID NORTH COAST COMMUNITY LEGAL CENTRE PROJECT For many years local community members and professionals have been concerned about access to affordable legal representation for the disadvantaged communities living on the MID NORTH COAST. Approximately eight years ago the Kempsey Neighbourhood Centre, in collaboration with Port Macquarie, Bellingen, Nambucca Valley, Forster and Yarrahappinni Neighbourhood Centres submitted a joint expression of interest to access funding for a CLC on the Mid North Coast to the Legal Services Section of the Attorney General’s Department. No response to date has been received. In late 2005 a group of interested people, including local solicitors, local government representatives, community service providers and community members met to discuss the possibility of working towards obtaining ongoing funding to establish a CLC on the Mid North Coast. For various reasons this group disbanded after approximately one year. Disability Advocacy NSW coordinated a new push for the group to re-form in early 2008. From the first meeting in March 2008 the Mid North Coast CLC Project Group was re-formed, drawing on a wide range services, representing many of the groups identified as having high needs as well as the geographical spread of the Mid North Coast. The number of community services and individuals committed to support the Mid North Coast CLC Project (approximately 100 individuals) is an indication of the perceived need for a CLC on the Mid North Coast.66 The Mid North Coast CLC Project group made an application to the Law and Justice Foundation of NSW in May 2008 for a small grant to prepare a Legal Needs Analysis (LNA) which would require the collection and analysis of statistical data from across the Mid North Coast region. The Mid North Coast CLC Project group was successful in this application and in July 2008 began collecting data relating to the legal needs of the people on the Mid North Coast. In addition to this project, the Mid North Coast CLC Project Group has developed a Legal Resources Directory and organised training on AVOs for service providers in Taree. A copy of the Legal Resources Directory can be found at Appendix E.

66 See Appendix B

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APPENDIX B: MEMBERS OF THE MID NORTH COAST CLC PROJECT GROUP Aboriginal Legal Service Kempsey Richard Pacey Baker & Borthwick Laurie Hagan Baptist Community Services Care Centre Forster Chris Cameron Baptist Community Services Care Centre Forster Anne Paton Buripi AMS Jane O’Brien Burnside Helen Townsend Burnside Sandra Sheridan Catholic Care of the Aged Susan Livermore Catholic Care of the Aged Michelle Jose Catholic Care of the Aged - Respite Care Coordinator MID NORTH COAST Christine Vannucci Centacare Housing Program Kerry Weston Centrelink Leonie Nilson Barrister, Coffs Harbour Paul Batley Community Housing /TAFE Dymphe Maslin Community Justice Centre - Northern Staff and Practice Manager Lynn Davie Community Options Program Hannah Kift CRS Australia Sue Limbert DADHC Taree Faye Jose DADHC Taree Lesley Walter Department of Community Services Solicitor Michael Hinchey Department of Education and Training Jodie Sherrin Disability Advocacy NSW Inc Catherine Peek Disability Advocacy NSW Inc Mark Grierson Disability Advocacy NSW Inc Robert Manwaring Disability Advocacy NSW Inc Marita Dahlhausen Dundaloo Foundation Kishna Ingle

Durri Aboriginal Medical Service, Indigenous Youth Development Officer Diana Davis Engaging Men and Boys, Building Community Links Project Peter Glencross Federal Member for Lyne, Robert Oakeshott Jane Titterington Member for Port Macquarie, Peter Besseling Melanie Kallmier Flintoff Solicitors Tracy Flintoff Forensic Consultant Carl Hughes Forster Neighbourhood Centre Trish Wallace Great Lake Manning Community Options Projects John Macvean Great Lakes Centre-Based Respite Service Denise Jeffries Great Lakes Community & HACC services Cath Randell Great Lakes Community Resources Robyn McPhail Great Lakes Council - Community Services Janet Thompson Great Lakes Neighbour Aid Karen Burton Greater Taree City Council Laura Black Hastings Macleay Mental Health Service Gary Thomas Hastings Women and Children's Refuge Stacey Hill Hastings Women and Children's Refuge Gemma Roberson Hawkes Nest Neighbourhood Aid Linda Pyne Homebase Youth Service Sarah Brooker Homebase Youth Service Donna Young Hunter Community Legal Centre Margot Mcalary Hunter New England Area Health Service Stacey Lewis Interrelate Cecilia Lenagh Intellectual Disability Rights Service Leonie Kirwan Intellectual Disability Rights Service Kenn Clift Interrelate Cassandra Brown Justice Health Clinical Support Worker Adam Ulrick Kempsey Adolescent Mental Health Cheryl Davenport Kempsey Neighbourhood Centre Lin Duncan

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Kempsey Shire Council Youth Development Officer Teresa Worthing Kempsey Shire Library, librarian Gabi Brie Kempsey TAFE, counsellor Beris Derwent Legal Aid Coffs Harbour (Family) Stuart Hammond Legal Aid Newcastle (Civil) Jerome McClintock Lifeline Trevor Nolan Macleay Vocational College Jan Eason Manning Base Hospital, Mental Health inpatient unit Chris Gibbons Manning Support Services Melissa Garton Manning Support Services Keith Martin Manning Support Services Karen Russell Manning Support Services Jo Gilkison Manning Support Services Linda Moothoo Manning Uniting Church Steve Coster Manning Valley Neighbourhood Services Caron Watkins Mental Health/D&A Program Manager Bob Boss-Walker Mid Coast Tenants Advice and Advocate Service Margaret Howard Mid Coast Youth Career Services (MCYCS) Jo Fischer Mid North Coast Regional Council for Social Development, Chairperson Richard Holloway Mission Australia Peter Cooper Mission Australia Anita Hartley Mission Australia Kelly Ansell Mission Australia Gail George Mission Australia Michelle Carney Nambucca Valley Neighbourhood Centre Paul Sekfy National Disability Coordination Officer (NDCO) Gwen Johnson NCAHS Drug and Alcohol Services David Rogers Newcastle Legal Centre Shaun McCarthy North and North West Community Legal Centre Michael Lalor NSW Police Christie Critchley Paton Hooke Lawyers Alex Donne Port Macquarie Hastings Council - Age & Disability Development Officer Ross Henderson Port Macquarie Hastings Council - Community Development Officer Maya Spannari Port Macquarie Neighbourhood Centre Lindy Peck Port Macquarie Neighbourhood Centre Dennis Cartledge PWCA Romayne Page Registrar Taree Local Court Frances Breen Regional Development Australia – Mid North Coast David Ledgerwood Sexual Assault Worker, Hunter New England Health Adrienne Greene Solicitor Anne Reynolds TAFE Liz Smith Taree Women's Health Mary Poole The Salvation Army Taree Pam Pattison The Salvation Army Moneycare Financial Counselling Service (Taree) Pauline Smith Valley Industries Tracey Tattersall Wauchope Neighbourhood Centre Julie Murray Women's Domestic Violence Court Advocacy Service (Port Macquarie Hastings) Caroline Moran Women's Domestic Violence Court Advocacy Service (Taree/Forster) Louise Webber Youth Development Officer, Greater Taree Council Bree Dennis Youth Housing Support Mid North Coast Carla Wilson

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APPENDIX C: LEGAL NEEDS SURVEY OF COMMUNITY AGENCIES Please fill in each section as completely as possible.

GENERAL INFORMATION

Name of the organisation/program area:

_______________________________________________________

Contact person:______________________________________________________________________

Phone: _________________________Email: ______________________________________________

No. workers: ________________________________________________________________________

Office location (city) __________________________________________________________________

Service provided: ____________________________________________________________________

___________________________________________________________________________________

1. Client target group (i.e. main issues presented, age, gender, socio-eco, cultural issues)

___________________________________________________________________________________

___________________________________________________________________________________

2. Which Local Government Areas does your service cover?

□ Bellingen Shire Council

□ Coffs Harbour City Council

□ Great Lakes Council

□ Greater Taree City Council

□ Gloucester Shire Council

□ Port Macquarie-Hastings Council

□ Kempsey Shire Council

□ Nambucca Shire Council

NOTE: Please complete this survey based on your experience in the Mid North Coast Region only.

LEGAL ADVICE AND ASSISTANCE

3. What legal issues do your clients most commonly present with? Please circle all relevant.

□ Housing/accommodation (e.g. dispute with DOH, owners, rent, eviction, privacy, homelessness, strata title problem, nursing home problem)

□ Family law (e.g. divorce/separation, dispute over property, child support payments, problem re residence/ contact for child/grandchild)

□ Family violence (e.g. victim of violence by family member, victim of violence by household member, domestic violence allegation against you)

□ Intervention orders (e.g. AVOS and ADVOS)

□ Child protection (e.g. removal of child from parents’ care by DOCS)

□ Criminal law (e.g. assault victim, criminal charge, property stolen/vandalised, shoplifting, drug offences, affray, criminal offences that are not traffic related)

□ Police issues (e.g. unfair treatment including harassment, assault, false imprisonment, wrongful arrest, problem with bail or remand, breach of bond)

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□ Debt and credit issues (e.g. problem paying bill/ debt, dispute re credit rating, problem re money owed to you, bankruptcy)

□ Consumer (e.g. problem with superannuation, goods/services, dispute with financial institution, problem re insurance, complaint about a lawyer)

□ Personal injury (e.g. injury at work, injury in car accident, injury outside the home)

□ Discrimination (disability, race, marital, religion, gender, age, ethnicity)

□ Employment (e.g. unfair dismissal, work related discrimination, harassment or bullying at work)

□ Centrelink issues (e.g. problem with pension/benefit)

□ Immigration issues (e.g problems with visa, humanitarian/ refugee visa, detention)

□ Freedom of Information (e.g. problem obtaining copies of health or other records from government departments)

□ Disability/mental health issues (e.g. involuntary psychiatric hospitalisation, problems with medical treatment, problem with disability facilities)

□Wills/powers of attorney/Guardianship (make/ change will, executor of estate, dispute over will/ estate, power of attorney, guardianship tribunal hearing)

□Traffic offences (e.g. loss of driver’s license, traffic fine/offence you have challenged, drink driving, drive unlicensed/uninsured)

□ Neighbour disputes (e.g. dispute over noise, fence line, problem with drainage or a tree)

□Youth issues (e.g. suspension from school or other school issues, problems with Youth Allowance, problems on public transport)

□ Commercial dispute (e.g. contracts, business partnership disputes) Other: __________________________________

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4. Do you see clients with legal issues for which there are currently no appropriate services to

refer them to?

□ Yes □ No □ Don’t know

5. When you are able to make a referral, where do you refer clients with legal issues?

Service:

(Tick if used for referral)

Type of legal issue(s)

Aboriginal Legal Service

Private solicitor/barrister

Legal Aid Commission

Law Access

Police

Ombudsman

Local Court (court staff, registrar, chamber magistrate)

Community organisation (please name)

Other (please name)

6. What issues does your organisation face in trying to find legal assistance for your clients?

___________________________________________________________________________________

___________________________________________________________________________________

7. What issues do your clients face in trying to access legal assistance?

___________________________________________________________________________________

___________________________________________________________________________________

8. What issues do your clients face if unable to access appropriate legal assistance?

___________________________________________________________________________________

___________________________________________________________________________________

A community legal centre is a place that provides free legal advice in person and by telephone, representation in some courts and in specific public interest and test cases, information fact-sheets, community education sessions, self-help resources, training of community workers in legal matters and outreach services to target communities. Traditionally, CLCs deal primarily with housing, domestic violence and fines/debts, while criminal and family law come under the Legal Aid Commission.

9. Would you refer clients to a community legal centre if one was established in the Mid North

Coast Region?

□ Yes □ No □ Don’t know

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10. What kinds of legal services do you believe your client’s would most utilise? Please number in

order of importance (1 most useful – 8 least useful).

□ Legal information fact-sheets

□ Community education sessions

□ Legal advice from a central legal office

□ Self-help resources (for example a kit to help a person represent themselves in court)

□ Outreach services to target communities (for example in a different town from the legal office)

□ Legal advice on the phone

□ Legal representation – going to court

□ Legal representation – writing letters, making phone calls, etc

11. Based on your clients in 2008, estimate how many clients you would refer to a community

legal centre per year if one was established in the Mid North Coast Region?

Number:

_______________________________________________________________________________

COMMUNITY LEGAL EDUCATION

12. Would your clients be interested in community legal education sessions on areas of law or

legal process affecting them?

□ Yes □ No □ Don’t know

13. If so, what legal education topics might your clients be interested in?

___________________________________________________________________________________

__

___________________________________________________________________________________

__

PROFESSIONAL LEGAL EDUCATION

14. Would your staff be interested in receiving legal education sessions on issues that affect your

client group?

□ Yes □ No □ Don’t know

15. If yes, what topics would you like information on (e.g. specific areas of law, legal processes)?:

___________________________________________________________________________________

___________________________________________________________________________________

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LAW REFORM

16. Are there any social justice/legal issues that are currently impacting on your clients or the

local community in an unfair way and that could be addressed by law or policy reform?

□ Yes □ No □ Don’t know

17. If yes, briefly describe the main social justice/legal issues:

___________________________________________________________________________________

___________________________________________________________________________________

COMMENTS

18. We are interested in any other comments you may have.

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

Return to Catherine Peek, Mid North Coast Community Legal Centre Project, Suite 3, Level 1, 408 King Street, Newcastle West NSW 2303 or Fax to (02) 4927 0114 or email:

catherine.peek@da.org.au Thank you for your time.

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APPENDIX D: LEGAL NEEDS SURVEY OF INDIVIDUALS Disability Advocacy is conducting this survey as part of a research project to try to establish the level of need for legal and law related services on the Mid North Coast. The results of the survey are strictly confidential and we will not collect any information that identifies you personally. Demographic information (Please tick your answer)

1. Which Local Government Area do you live in?

□ Bellingen Shire Council □ Coffs Harbour City Council □ Great Lakes Council □ Greater Taree City Council

□ Gloucester Shire Council □ Port Macquarie-Hastings Council □ Kempsey Shire Council □ Nambucca Shire Council

2. Age

□ Under 15 □ 15 – 21 □ 22- 31 □ 32-45 □ 46 – 65 □ 66 – older

3. Gender

□ Male □ Female □ Other

4. Cultural Background

□ Aboriginal or Torres Strait Islander □ Culturally and Linguistically Diverse □ Neither

5. What is the highest level of formal education you have completed?

□ Still at school □ Did not finish school □ Year 10/School Certificate/Intermediate Certificate □ Year 12/Higher School Certificate/Leaving Certificate □ Certificate or diploma (e.g. from TAFE or Community College) □ University degree or higher □ Other

6. Employment Status

□ Employed full time (permanent/contract) □ Employed part time □ Employed casually □ Self employed

□ Retired □ Unemployed and looking for work □ Not working □ Other ________________

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7. Legal Issues

In the last twelve months, have you experienced any of the legal issues listed below? (Please tick as many as relevant)

□ Housing/accommodation (e.g. dispute with DOH, owners, rent, eviction, privacy, homelessness, strata title problem, nursing home problem)

□ Family law (e.g. divorce/separation, dispute over property, child support payments, problem re residence/ contact for child/grandchild)

□ Family violence (e.g. victim of violence by family member, victim of violence by household member, domestic violence allegation against you)

□ Intervention orders (e.g. AVOS and ADVOS)

□ Child protection (e.g. removal of child from parents’ care by DOCS)

□ Criminal law (e.g. assault victim, criminal charge, property stolen/vandalised, shoplifting, drug offences, affray, criminal offences that are not traffic related)

□ Police issues (e.g. unfair treatment including harassment, assault, false imprisonment, wrongful arrest, problem with bail or remand, breach of bond) Debt and credit issues (e.g. problem paying bill/ debt, dispute re credit rating, problem re money owed to you, bankruptcy)

□ Consumer (e.g. problem with superannuation, goods/services, dispute with financial institution, problem re insurance, complaint about a lawyer)

□ Personal injury (e.g. injury at work, injury in car accident, injury outside the home)

□ Discrimination (disability, race, marital, religion, gender, age, ethnicity)

□ Employment (e.g. unfair dismissal, work related discrimination, harassment or bullying at work)

□ Centrelink issues (e.g. problem with pension/benefit)

□ Immigration issues (e.g problems with visa, humanitarian/ refugee visa, detention)

□ Freedom of Information (e.g. problem obtaining copies of health or other records from government departments)

□ Disability/mental health issues (e.g. involuntary psychiatric hospitalisation, problems with medical treatment, problem with disability facilities)

□Wills/powers of attorney/Guardianship

(make/ change will, executor of estate, dispute over will/ estate, power of attorney, guardianship tribunal hearing)

□Traffic offences

(e.g. loss of driver’s license, traffic fine/offence you have challenged, drink driving, drive unlicensed/uninsured)

□Neighbour disputes

(e.g. dispute over noise, fence line, problem with drainage or a tree)

□Youth issues

(e.g. suspension from school or other school issues, problems with Youth Allowance, problems on public transport)

□ Commercial dispute (e.g. contracts, business partnership disputes) Other: __________________________________

8. Briefly describe the different legal issues you have had in the past 12 months. ____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

9. Have you asked for assistance from a lawyer or other community organisation at any time in the last twelve months in relation to these legal issues?

□ Yes □ No □ Don’t know

10. If yes, who did you ask for assistance for your legal issues and was this advice useful?

Service: Which legal issue did they help you with?

Was this advice useful to you? (Yes/No/Don’t know)

Aboriginal Legal Service

Private solicitor/barrister

Legal Aid Commission

Law Access

Police

Ombudsman

Local Court (court staff, registrar, chamber magistrate)

Community organisation (please name)

Other (please name)

11. What was the outcome of your legal issue? (if multiple legal issues please provide outcome for each legal issue separately).

Legal issue __________________________

□ It is in the process of being resolved □ I resolved it myself □ It was resolved through legal proceedings □ It was resolved in some other way □ It has not been resolved □ Don’t know

Legal issue ___________________________

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□ It is in the process of being resolved □ I resolved it myself □ It was resolved through legal proceedings □ It was resolved in some other way □ It has not been resolved □ Don’t know

12. Approximately how many kilometres did you have to travel to get this legal assistance?

□ Didn’t need to travel □ Between 11 and 20 kms

□ Less than 3 kms □ Between 21 and 40 kms

□ Between 4 and 10 kms □ Over 40 kms

13. If you did not seek assistance from a lawyer or other community organisation in relation to any of

your legal issues, what was the most important reason for this? _________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_____________________________________________________________________

14. What would make it easier for you to get legal help when you need it?

_________________________________________________________________________________________

_________________________________________________________________________________________

__________________________________________________________________________

15. A community legal centre is a place that provides free legal help for disadvantaged communities. Do you think you would seek help from a community legal centre if there was one in your area?

□ Yes □ No □ Don’t know

16. Which of these services do you think could most help you?

□ Legal information fact-sheets □ Community education sessions □ Legal advice from a central legal office □ Self-help resources (for example a kit to help a person represent themselves in court) □ Outreach services to target communities (for example in a different town from the legal office)

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□ Legal advice on the phone □ Legal representation – going to court □ Legal representation – writing letters, making phone calls, etc

17. Do you have any long term or chronic conditions or mental or physical disabilities?

□ Yes □ No □ Don’t know

18. Do you have mobility difficulties? (this can be due to a disability, access to public transport, cost of transport, living in a rural/remote area etc)

□ Yes □ No □ Don’t know

________________________________________________________________________________________ Return to Catherine Peek, Mid North Coast Community Legal Centre Project, Suite 3, Level 1, 408 King

Street, Newcastle West NSW 2303 or Fax to (02) 4927 0114 or email: catherine.peek@da.org.au Thank you for your time.

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APPENDIX D: MNC LEGAL RESOURCES DIRECTORY

Port M acquarie

N eighbourhood Cent re

FOR MORE INFORMATION CONTACT Port Macquarie Neighbourhood Centre 02 6583 8044 Kempsey Neighbourhood Centre 02 6562 8300 Wauchope Neighbourhood Centre 02 6586 4055 Manning Valley Neighbourhood Centre 02 6553 5121 Forster Neighbourhood Centre 02 6555 4351 Nambucca Valley Neighbourhood Centre 02 6568 2305

Compiled by Graeme Howarth and Catherine Peek

MID NORTH COAST

LEGAL RESOURCES

DIRECTORY

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GENERAL FREE LEGAL ADVICE Hunter Community Legal Centre Free legal advice, limited court representation and advocacy. For residents of Newcastle, Hunter Valley, Great Lakes and Taree.

02 4926 3329 NO ADVICE ON: personal injury, drafting property settlements, local council matters, and workers compensation

Law Access Legal information and assistance services to help with legal issues.

1300 888 529

Legal Aid Hotline for Under 18s Phone advice re juvenile justice and the Young Offenders Act, if a young person has committed, or is suspected of committing, a criminal offence.

1800 101 810

Immigration Advice and Rights Centre Phone advice Tues and Thurs 2pm-4pm

02 9262 3833

Refugee Advice and Casework Service For people who face persecution in their own countries and seek asylum in Australia. Telephone advice: Tues & Thurs 10am – 12:30pm

02 9211 4001

Community Justice Centre (CJC) Free mediation service

1800 990 777

The Law Society of NSW Pro Bono Scheme. Free legal assistance & representation for eligible people.

02 99260364

Legal Aid Outreach TAREE Every Thursday from 10:30am to 12:30pm at Manning Support Services. Must call to make appointment

02 6651 5665

Legal Aid Outreach KEMPSEY Family law at Kempsey Neighbourhood Centre – varied day once a month Must call to make appointment

1800 451 784

FAMILY AND CHILDREN Child Support Service (Legal Aid) Advice for carer/paying parents

1800 451 784

Community Police Liaison Officer Provides information about security and safety in the community and about the Police and how they can assist you.

Port Macquarie 02 6583 0199 Taree/Forster 02 6552 0399

De Facto Relationships Law Society NSW Phone advice

02 9926 0300

Domestic Violence Advocacy Service Assistance/mediation services for people dealing with domestic violence

1800 810 784

Family Relationship Advice Line For families experiencing difficulties

1800 050 321

Family Relationship Centre Provides info & referrals for families; advice on parenting after separation; registered family dispute resolution.

Taree 02 6551 1200

Interrelate Family Centre Strengthening family relationships inc. relationship/family counselling, child contact centre & dispute resolution.

Port Macquarie 02 65849293

Women’s Domestic Violence Court Advocacy Service Provides information, support and referral to victims of domestic violence including court support re AVOs.

Port Macquarie 02 6583 4179 0421 885 591

Kempsey 02 6563 1479 Taree/Forster/ 02 6553 0999 Gloucester 0408 292 093

Women’s Legal Resources Centre Phone advice on women’s legal matters. Telephone Interpreter Service Women with hearing impairment

1800 801 501

Call 131 450 and connect to: 9749 7700

1800 674 333

National Children’s & Youth Law Centre Free, independent advice for children & young people and their advocates.

02 9385 9588

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CONSUMER, TENANCY & CENTRELINK Centrelink Customer Relations line 1800 050 004

Consumer, Trader & Tenancy Tribunal Disputes about tenancy, home building, residential parks, motor vehicles, strata, general consumer and commercial

1300 135 399

Tenants Union Information for tenants

02 9251 6590

Insolvency and Trustees Service Australia Information about bankruptcy

1300 364 785

Mid Coast Tenants Advice Service Assistance for tenants from Forster to Woolgoolga. Phone advice.

1800 777 722 02 6583 9866

Office of Fair Trading Complaints re business, home building, vehicles, real estate & renting

133 220 02 6584 1330

Social Security Appeals Tribunal Review of decisions made by Centrelink

1800 011 140

Welfare Rights Centre Advice about rights/entitlements & assist to appeal against Centrelink decisions. Telephone advice on Mon, Wed, Thurs & Fri (9am- 1pm) & Tuesdays (1pm- 5pm)

1800 226 028

AGED RIGHTS The Aged-Care Rights Service (TARS) Advice on residents' rights & info re government rules and regulations - for people living in nursing homes, retirement villages & at home with aged care packages.

1800 424 079

Veterans Advocacy Service Provides free legal advice & assistance to veterans & dependants about rights & entitlements under the Veterans' Entitlements Act 1986.

02 9219 5148

DISCRIMINATION Anti-Discrimination Board NSW Resolve complaints of discrimination under state law.

1800 810 784

Australian Human Rights Commission Resolve complaints of discrimination under federal law.

1300 656 419 02 9284 9888

Disability Discrimination Legal Centre Phone advice and referral on disability discrimination.

1800 800 708

EMPLOYMENT

Australian Fair Pay Commission - Workplace Authority - Workplace Ombudsman

1300 363 264 1300 724 200

Office of the Employment Advocate Phone advice about rights & obligations under Workplace Relations Act.

1300 366 632

Office of Industrial Relations (IR) Information about IR matters

131 628

Women’s Employment Rights Project Phone advice re employment law issues for women. Wednesdays between 10am and 1pm only.

1800 244 481 02 9332 1966

Workers Compensation Commission Help resolve workers comp. disputes

131 050

CRIMINAL LAW AND VICTIMS OF CRIME Aboriginal Legal Service Criminal law assistance for Indigenous clients

Taree 02 6551 3928 Kempsey 02 6562 5990

Victims Of Crime Bureau Support & referral for victims of crime

02 6583 9351

Mission Australia’s Court Support Advice, info & support for victims at court.

02 9356 0604 02 8218 9412 0419 695 328

Victims Compensation Tribunal Helps victims of crime deal with cost of medical treatment, counselling & to compensate for any loss/damage to property & personal injury.

02 9374 3111 1800 069 054

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GENERAL FREE LEGAL ADVICE cont. Legal Aid Outreach KEMPSEY For people who are homeless or at risk of homelessness. Drop in from 10am-12pm every Wednesday.

Legal Aid Outreach FORSTER Family, child support, property settlement, divorce, child custody and parenting orders. Last Thursday of each month. Must call to make appointment

02 4929 5482

Legal Advice at WAUCHOPE Neighbourhood Centre 30 minute appointment for legal advice on any legal matter. Every second Wednesday and the last Thursday of the month. Must call to make appointment

02 6586 4055

Legal Aid Outreach PORT MACQUARIE Neighbourhood Centre Family law, child support, defacto relationships, spouse maintenance, divorce, court orders about your children. Must call to make appointment

1800 451 784

Legal Referral at NAMBUCCA/ MACKSVILLE through Nambucca Valley Neighbourhood Centre Will refer clients to local solicitors for assistance where possible or to the Legal Aid Commission in Coffs Harbour.

02 6568 2305

LOCAL COURTS

Forster (Chamber Magistrate) 02 6554 6951

Gloucester (No Chamber Magistrate) 02 6558 1125

Port Macquarie (Chamber Magistrate) 02 6583 6844

Taree (Chamber Magistrate) 02 6552 5599

Wauchope (No Chamber Magistrate) 02 6585 3118

FINANCIAL COUNSELLING Salvation Army Moneycare Free financial counselling

Taree 02 6552 6237

Centacare Free financial counselling

Port Macquarie 02 6584 0704

Consumer Credit Legal Centre Debt hotline re financial counselling

1800 808 488

Mission Australia’s North Coast Gambling Counselling Service Wesley Community legal services assist problem gamblers with legal issues.

PM & Kempsey 02 6583 1321 0403 183 025

Taree & Forster 02 6557 8864 0407 062 760

Financial Counselling at Nambucca Valley Neighbourhood Centre Tues & Thurs each week Must call to make appointment

02 6568 2305

Financial Counselling at Kempsey Neighbourhood Centre Monday and Tuesday each week Must call to make appointment

02 6562 8300

Financial Counselling at Forster Neighbourhood Centre Wed, Thurs & Fri each week. Must call to make appointment

02 6555 4351

Financial Counselors’ Association

Referral to financial counselors.

www.financialcounsellors.asn.au

DISABILITY SUPPORT

Disability Advocacy NSW Assist people with a disability to get their voice heard and link with legal support.

1300 365 085

The Guardianship Tribunal Appoints guardians for people who have lost capacity to manage their own affairs.

1800 463 928

Intellectual Disability Rights Service & Criminal Justice Support Network Offers support to people with intellectual disabilities at Police Stations & at court.

1300 665 908 02 4926 5643

Mental Health Advocacy Service Telephone advice re mental health law

02 9219 5126