NLAF logo
 

Working Group on Domestic Violence

Domestic violence legal services in NSW

This list includes legal services which assist people in domestic violence situations, primarily with Apprehended Domestic Violence Orders. It does not include services that provide family or civil law assistance. However domestic violence is an important factor in many family law and civil law cases, and providing pathways for clients between the ADVO and family and civil law jurisdictions is an important issue. The list also doesn’t include non-legal services such as women’s refuges, family support services and women’s health centres.

Aboriginal Legal Service (NSW/ACT)

http://www.alsnswact.org.au/
The ALS does not provide representation to ADVO Applicants. However they do provide information, referrals and advice from all offices. Due to funding cuts in 2008, the ALS no longer operates a Family Law practice, although through a Memorandum of Understanding matters are referred to Legal Aid NSW. The ALS employs 2 Care Client Liaison Officers to provide critical support to its Children's Care and Protection Practice in the ALS Wagga Wagga and Grafton offices. These officers are Aboriginal women whose skills include extensive training and experience in dealing with victims of family violence. ALS also provides representation for defendants in domestic violence assault cases, subject to a Conflict of Interest (Black on Black) Policy which precludes representation in any case in which providing representation would cause a serious community disruption.

Community Legal Centres (CLCs)

http://www.nswclc.org.au/
NSW community legal centres provide information and referral, community legal education, advice and advocacy to victims of domestic violence. Some CLCs provide representation for ADVO private applicants on a case by case basis, and for women defendants in cross applications or police applications for ADVOs where they are the primary victim of domestic violence, also on a case by case basis. CLCs also provide legal assistance for victims of domestic violence wishing to apply for victim’s compensation.

Domestic Violence Intervention Court Model (DVICM), NSW Attorney General's Department

The DVICM, based at Campbelltown and Wagga Wagga Local Courts, has a number of components: the Domestic and Family Violence Intervention Service (DAFVIS); Domestic violence evidence collection kits to assist the police with improved evidence collection; and the Domestic Violence Perpetrator Program run by Probation and Parole that selected perpetrators are referred to as part of their sentencing. Domestic and Family Violence Intervention Service (DAFVIS) caseworkers assess safety and risk of harm for the client and any accompanying children, and develop a Case Plan with short-term goals based on the identified needs. DAFVIS only accepts referrals from the police for clients who are victims of a domestic violence criminal offence. Clients are both male and female.

Domestic Violence Pro-Active Support Service (DVPASS)

The DVPASS is a means of forming a partnership between a Police Local Area Command and a local domestic violence support service with the intention of providing a referral pathway for consenting victims to be linked to appropriate support services. There are a number of these partnership programs operating at Local Area Commands across the state.

Family violence prevention legal services, Commonwealth Attorney General’s Department

http://www.ag.gov.au/www/agd/agd.nsf/Page/RWPD8FCC1CECE78543ACA2571C7000B8A9A
This Australia-wide network of community-based services provides legal assistance, casework, counselling, referral and court support to male and female Indigenous victims of family violence including victims of sexual abuse. FVPLS Units provide the following services:

  • legal advice and casework assistance;
  • court support;
  • counselling to victims of sexual assault;
  • assistance and support to victims of sexual assault;
  • child protection and support;
  • information, support and referral services;
  • community engagement;
  • referrals;
  • law reform and advocacy;
  • early intervention and prevention; and
  • community legal education.

Legal casework includes court representation, negotiation of settlements and ongoing case management for any matter relating to family violence. A solicitor may act for a client on an ongoing basis in matters that continue after the first appearance; for example, the final hearing of an application for a family violence restraining order. The main areas of legal service provision are:

  • family violence restraining orders;
  • assisting victims-survivors of family violence and/or sexual assault;
  • child protection;
  • victim’s compensation; and
  • family law (where it relates to family violence).

NSW FVPLS units

Bourke - Provides services in Bourke and Brewarrina LGA.
Court support: Bourke and Brewarrina courthouses.

Broken Hill - Provides services in Broken Hill LGA.
Court support: Broken Hill and Wilcannia courthouses.

Forbes - Provides services in Parkes, Lake Cargelligo, Murrin Bridge, Condobolin, Peak Hill, West Wyalong, Griffith, Cowra and Leeton.
Court support: Parkes, Condobolin, Lake Cargelligo, Peak Hill, West Wyalong, Griffith, Cowra and Leeton courthouses.

Kempsey - Provides services in Nambucca valley (Bowraville, Macksville & Nambucca Heads), Bellbrook, South West Rocks/ Crescent Head, Port Macquarie and Wauchope.
Court support: Macksville, Kempsey and Port Macquarie courthouse.

Moree - Provides services in Mungindi, Boggabilla, Toomelah.
Court support: Moree, Mungindi and Boggabilla courthouses.

Walgett - Provides services in Lightening Ridge, Goodooga Collarenabri, Grawin.
Court support at Walgett and Lightening Ridge courthouses.

LawAccess NSW

http://www.lawaccess.nsw.gov.au
LawAccess NSW is a statewide government telephone service. LawAccess NSW provides legal assistance over the telephone to both applicants and defendants in domestic violence situations as follows:

  • Information and referral is provided to all callers in domestic violence situations.
  • Legal advice is provided to victims of domestic or family violence, as they are ‘priority customers’1, where telephone legal advice is appropriate.
  • Legal advice is provided to defendants in ADVO and DV assault matters ONLY IF they are a priority customer (unless there is additional capacity), where telephone legal advice is appropriate. If they are not a priority customer they will speak with a Customer Service Officer who will provide them with general information only, and refer them to another service for advice and/or representation.
  • Callers seeking to make a private ADVO application will be referred to the Local Court Registry for assistance with making the application.
  • Family law advice is provided to women in domestic violence situations, as they are priority customers, where telephone legal advice is appropriate.
  • LawAccess NSW Customer Service Officers can provide general information and assistance over the telephone to callers seeking to complete an application for legal Aid. They can also provide an indication to callers about whether they might be eligible for a grant of aid based on the Means Test Indicator. LawAccess will not complete the legal aid application for the customer.
  • LawAccess NSW Customer Service Officers and Legal Officers will ‘warm transfer’ callers to the Domestic Violence Line where they need referrals for counselling, urgent accommodation and other DV related issues. This involves putting the caller on hold, ringing the DV Line and explaining the situation and connecting the caller.

Legal Aid NSW

http://www.legalaid.nsw.gov.au
Legal Aid NSW provides a range of legal services to people in domestic violence situations including:

  • Advice and representation for defendants charged with domestic violence related offences (including breaches of ADVOs) through in-house and assigned practitioners. See Policy Online at 4.4.
  • Representation for private ADVO applicants through assigned practitioners.
  • Domestic Violence Solicitor Scheme (DVSS). Legal Aid NSW funds private solicitors to attend court on AVO list days in 13 metropolitan and central coast local courts - Bankstown, Blacktown, Burwood, Campbelltown, Fairfield, Gosford, Kogarah, Liverpool, Penrith, Sutherland, Waverley, Woy Woy and Wyong. DVSS solicitors provide a range of legal services to ADVO applicants including advice about ADVOs to private and police applicants; preliminary advice with related legal issues including family law, victims compensation, care and protection and debt matters; legal representation to private applicants in ADVO mentions; legal representation to private applicants if the client is eligible for legal aid; and referral to related legal services. DVSS solicitors work closely with their local WDVCAS.
  • Representation for ADVO defendants in exceptional circumstances.
  • Advice, minor assistance and representation in family law matters. Clients may include victims of domestic violence or alleged perpetrators.
  • Advice and representation (subject to the special disadvantage test) for applicants in victims compensation matters. See Policy Online at 2.26.7.

NSW Bar Association

http://www.nswbar.asn.au/docs/legal_assist/lars.php
The NSW Bar Association provides a duty scheme at the Downing Centre. Two barristers are rostered on Level 5 every day to provide duty services in a range of matters including ADVOs. Applications for assistance with defended ADVOs (only) may be made under the NSW Bar Association’s Legal Assistance Referral Scheme if gross household income does not exceed $1000 per week. If the barrister's assessment is there are no reasonable prospects of success, the barrister and the Association are not obliged to be further involved. However, the Association always has a discretion which can be exercised if the circumstances warrant. This part of the procedure is on a no fee basis. If the barrister comes to a view there are reasonable prospects of success, the longer term handling of the matter is then worked out. This could include the client making a financial contribution on a reduced fee basis, depending on the client's overall financial circumstances.

NSW Local Courts

http://www.lawlink.nsw.gov.au/lawlink/local_courts/ll_localcourts.nsf/pages/lc_index
Local court staff and the chamber service can assist applicants to apply for a domestic violence order or apply for urgent apprehended violence orders including when there has been an injury to the person and/or damage to their property. The chamber service may be available by appointment, depending on the nature of the inquiry and the availability of the senior registry officer. The chamber service does not provide legal advice and cannot represent people in court.

NSW Police

http://www.police.nsw.gov.au/community_issues/domestic__and__family_violence
NSW Police provide a range of services to people in domestic violence situations.

  • General Duties (GDs) Officers are often the first response officers to an incident of domestic and family violence, and play an important role in the investigation and management of these offences. GDs receive the initial incident report and if required initiate AVOs and where necessary remove offenders from the home. Their role is critical in detailing the event and writing the narrative to explain the context of the initial incident.
  • Domestic Violence Liaison Officers (DVLO) are specialist police officers trained in the dynamics of domestic and family violence, child protection procedures, victim support and court AVO processes. The DVLO provides advice to police and victims; referral to appropriate support agencies; review and oversight of all domestic and family violence reports and cases; assistance to victims through the court process for Apprehended Violence Orders; and monitors repeat victims and perpetrators. Each of the 80 Local Area Commands in NSW has one or more DVLOs. DVLOs are a critical link for police in investigating and supporting victims of domestic and family violence and working with key partner agencies to prevent and reduce incidents of violence.
  • Police Prosecutors represent ADVO applicants in the local court and prosecute on behalf of domestic violence assault victims and for breaches of ADVOs. Police Prosecutors work closely with DVLOs to provide assistance to victims of domestic violence, including prior to attendance at court.
  • Region Domestic Violence Coordinators are based in nine regions across NSW. These positions have been established on a regional basis to contribute to the development of a more integrated, coordinated response by the government to domestic and family violence. See Appendix one for RDVC contact details.
  • The Domestic and Family Violence Team provides expertise, professional development and support to Local Area Commands and Domestic Violence Liaison Officers. They participate in interagency forums with government and non-government agencies. Representatives of the team actively participate in a number of interagency committees, forums and training to develop integrated, coordinated responses to victims and offenders, and to assist police in driving down repeat incidents of domestic and family violence.

Safe Relationships Project, Inner City Legal Centre

http://www.iclc.net.au
The Safe Relationships Project (SRP) is a court assistance scheme for people in same sex relationships, transgender and transsexual people, and intersex people who are experiencing domestic violence. The aim of the SRP is to assist clients in accessing legal representation and applying for Apprehended Violence Orders as well as providing support, advocacy, referrals and information. The SRP works with a network of volunteer solicitors who can represent clients through the ADVO court process and also provide legal advice about associated issues such as family law and property issues. The SRP can provide face to face support in Sydney and phone support outside of Sydney.

Staying home Leaving violence, NSW Department of Community Services

http://www.community.nsw.gov.au/DOCSWR/_assets/main/documents/EOI/SHLV_OVERVIEW%20.PDF
This program seeks to remove the violent partner from the home and ensure the safety of the woman and her children. An exclusion order is negotiated as part of an apprehended violence order. Project workers provide risk assessment and management, casework and advocacy to address housing issues, financial difficulties, legal issues and facilitate access to appropriate services. A safety plan is developed, including the provision of security equipment for the home. The service operates in south-east Sydney and Bega and is being rolled out to Blacktown, Campbelltown, Wyong, Walgett, Newcastle and Moree in 2009/10. Ten additional projects will be funded in 2010/11.

Wirringa Baiya Aboriginal Women's Legal Centre

http://www.wirringabaiya.org.au/
Wirringa Baiya Aboriginal Women's Legal Centre is a NSW state-wide community legal centre for Aboriginal women, children and youth who have been victims of violence. They provide advice on a range of issues in relation to domestic violence, including: ADVOs, domestic violence offences, family law, police response to reporting domestic violence, and victims compensation. Depending on case load, further assistance may include assisting clients making complaints to the Ombudsman about inappropriate police responses, assisting clients make applications for legal aid for representation in an ADVO matter, referrals to pro bono services where legal aid is not available, and applications for victims compensation. Warringa Baiya workers are rostered as WDVCAS support workers at the Downing Centre and Waverley Court. Wirringa Baiya provides workshops to Aboriginal community members and community workers about domestic violence law and victims compensation law, as well as cultural awareness training to DV workers.

Women's Domestic Violence Court Advocacy Services (WDVCAS), Legal Aid NSW

http://www.legalaid.nsw.gov.au/asp/index.asp?pgid=597
WDVCAS assists women and children who are experiencing domestic violence to obtain effective legal protection through applications for Apprehended Domestic Violence Orders (ADVOs). They provide information including brochures, court advocacy and assistance, and referral with legal and non-legal issues such as counselling, housing and financial assistance. ‘Warm referrals’, where the referrer introduces the client to the referee, are made if possible. Advocacy involves assisting women to effectively negotiate the systems and services available to assist women and children experiencing domestic violence. Examples of court advocacy include working with the DVLO or police prosecutor to ensure ADVO conditions are appropriate to the client’s needs, ensuring women receive the support and assistance they need to address breaches and when they disclose offences against them and prevent secondary victimisation of women by the system. WDVCAS services do not provide legal advice. There are 28 WDVCAS services that attend 108 courts around NSW (see separate table for a list and map of these courts). Services that operate in areas with a high percentage of Aboriginal or CALD people employ Specialist Aboriginal and CALD Workers.

Women’s Family Law Support Service, NSW Women’s Refuge Movement

http://www.wrrc.org.au/currentprojectsissues/current/ourprojects/wflss
This court support service provides non-legal support, information and referrals for women attending the Sydney Family Law Registry in relation to separation, with a particular focus on women and children who are separating from a partner who is violent and abusive. The service can provide free and confidential support; information about the court process and the role of court staff; make referrals, including to lawyers; accompany clients to court appointments/hearings; and assist in arranging appropriate security measures for clients with safety concerns while attending court.

Women’s Legal Services Domestic Violence Advice Line

http://www.womenslegalnsw.asn.au/domestic-violence-advocacy-service-dvas.htm
This service provides casework, legal advice and advocacy to women experiencing domestic violence. Services are primarily provided by phone. The service provides duty solicitors in Mount Druitt and Blacktown on a weekly basis, at Penrith and Sutherland Local Court once a month, Campbelltown Local Court every two months and other Local Courts on a case by case basis. The service can also represent some women at a hearing and in District Court appeals from police or private applications depending on capacity. If women are eligible for legal aid the service will assist them to find an appropriate solicitor. The service also provides community legal education and professional development training on domestic violence and legal process.

For more information please contact:
Project Manager, NLAF, 8227 3221.

Attachment 1

NSWPF REGION DV COORDINATORS

NAME
REGION & WHERE LOCATED
CONTACT DETAILS
Jody DoualetasCentral Metro RegionPh: 9285 3142 (E/N: 53142)
(Surry Hills)Mob: 0429 400 010
doua1jod@police.nsw.gov.au
Bernadette FleetonSouth West Metro RegionPh: 8700 2422 (E/N: 42422)
(Bankstown)Mob: 0458 088 014
flee1ber@police.nsw.gov.au
Patricia MaherNorth West Metro RegionPh: 9689 7904 (E/N: 79904)
(Parramatta)mahe1pat@police.nsw.gov.au
Mob: 0408 483 454
Christine SmithNorthern RegionPh: 4929 0083 (E/N: 70083)
(Newcastle)Mob: 0447 447 400
smit4chr@police.nsw.gov.au
Ruth EdwardsNorthern RegionPh: 6552 0232 (E/N: 72232)
(Coffs Harbour)Mob: 0458 458 828
edwa1rut@police.nsw.gov.au
Gerry OrkinSouthern RegionPh: 4226 7712 (E/N: 80712)
(Wollongong)Mob: 0458 188 838
orki1ger@police.nsw.gov.au
Betty EganSouthern RegionPh: 6923 1812 (E/N: 81812)
(Wagga Wagga)Mob: 0448 228 337
egan1bet@police.nsw.gov.au
Rebecca CamilleriWestern RegionPh: 6883 1743 (E/N: 72743)
(Dubbo)Mob: 0458 011 058
cami1reb@police.nsw.gov.au
Sabine AltmannWestern RegionPh: 6768 2867 (E/N: 62867
(Tamworth)Mob: 0458 011 057

 

 
 
 http://www.nlaf.org.au/groups/cals_checklist.html