NLAF logo
 

Highlights of NLAF Meeting held on 28 May 2008

Meeting Community Need

Family Law

Guest Speaker

Ms Judith Walker, Director Family Law, Legal Aid NSW, addressed the meeting on current issues in family law and care and protection. Ms Walker highlighted the changes that are occurring in the system.

  • A Commonwealth review is being undertaken of the structure of the family law court system (which includes two separate courts- the Family Court of Australia and the Federal Magistrates Court). National Legal Aid made a submission to the review recommending a one court system, which would deal with the issues of competition for resources, dual management structures, confusion as to which court to file in, and the transfer of matters between courts.
  • The amount of work in the Federal Magistrate's Court has greatly increased (80% of family law filings are now in the Federal Magistrate's Court). It is possible that matters are more complex and lengthy, and there are delays and blockages in the court system (e.g. a 2 day hearing is not available in the Federal Magistrate's Court in Sydney until March 09).
  • Grants for casework have not fallen off as was expected by the Commonwealth given the resources allocated to Family Relationship Centres and related services.
  • Legal Aid NSW runs its own lawyer assisted family dispute resolution (FDR) program which is under pressure due to increasingly high demand. The Commonwealth has commissioned KPMG to undertake an evaluation of dispute resolution programs in all the Legal Aid Commissions.
  • Changes to the Child Support system which come into effect on 1 July 2008 have prompted Legal Aid to hold seminars for practitioners across the State.
  • Legal Aid NSW's Care and Protection Legal Service is now based in Parramatta, and has been expanded to country NSW.
  • Legal Aid NSW prepared a large written submission to the Wood Inquiry and was also requested to make an oral submission. Legal Aid hopes that the Inquiry will recommend the greater use of dispute resolution in care and protection matters.
  • Greater cooperation with other legal service providers is very important given the conflict of interest issues that arise across Legal Aid NSW practice areas. For example, Legal Aid would like to work more closely with CLCs in child support, care and protection and family law matters, especially where conflict arises.

Funding for family law

  • If Legal Aid NSW does not receive additional Commonwealth funding for family law for the next financial year, it will have to cut services.
  • The Aboriginal Legal Service (NSW/ACT) is cutting 4 family law solicitor positions as of 30 June 2008 because of a Commonwealth funding shortfall.

Gap Analysis

NLAF has developed a Family Law "gap analysis" table, which maps service provision across the state. The document will be regularly updated and placed on the NLAF website along with accompanying papers. It may be used to provide referral information or as evidence of gaps.

Rural, Regional and Remote (RRR) Communities

Ms Tracey Bosnich, Acting Director Grants, Legal Aid NSW, spoke to the meeting about the evaluation of Legal Aid NSW's Regional Solicitor Program. The 2 year pilot program is currently undergoing its 12 month review, and stakeholders are invited to participate. The final report for this mid point review will be completed by the end June 08.

Civil Law Services to Aboriginal People

The Northern Rivers civil law project has commenced with a scoping visit to Lismore by a small number of working group members, and with a partnership being formed with Northern Rivers Community Legal Centre. The working group will utilize material from consultations conducted by the Northern Rivers CLC, as well as conducting its own consultation in Tweed Heads (because it is an area not being targeted for consultation by other groups).

The evaluation of the Guide to Legal Services for Aboriginal People in NSW/ACT is nearly completed. The evaluation report will be available on the NLAF website.

Mental Health

There was discussion about the ongoing issue of psychiatric reports not accompanying people into prison, which hinders their ability to obtain treatment. It was agreed that case examples would be gathered from member agencies, and a letter drafted from NLAF to Ron Woodham, Commissioner, NSW Department of Corrective Services.

Older People

The NLAF Working Group on Older People has met twice, and is drafting a response to the recommendations contained in the House of Representatives Inquiry on Older People and the Law. Work is also being undertaken on referral pathways for wills and power of attorney.

Culturally and linguistically diverse

NLAF representatives continue to gather evidence from relevant government departments regarding the provision of interpreters for CLC clients. The issue was also recently raised by NLAF with the NSW Attorney General.

The small interim CALD working group recommended to the main NLAF meeting that an NLAF CALD Working Group be established to improve legal services to CALD communities by focusing on engagement between the legal and migrant services sectors. Membership of the working group will include NLAF member agencies and peak migrant service representation.

Coordination

Legal Services Training Reference Group (TRG)

There continues to be good representation from the sector on the TRG, with the Manager of Learning and Development for the Office of the Director of Public Prosecutions being the guest speaker at the last meeting. Training provision in rural and regional areas was also discussed.

Cooperative Legal Service Delivery (CLSD)

Two new regions (Broken Hill and Shoalhaven) are being rolled out this year. The CLSD Program Unit has developed a partnership with PIAC to develop Law for Non-Lawyers as a regional training package. The Unit is also hoping to develop an outreach "best practice" guide.

The CLSD Program Unit wrote to NLAF raising the issue of the lack of legal services on the mid-north coast of NSW, and the fact that the region experiences significant disadvantage. Discussion of this issue will be on the agenda of the August NLAF meeting.

Legal Information and Referral Forum (LIRF)

LIRF is focusing on legal services accessing CALD communities. The success of the GP project in improving referrals from GPs to LawAccess was also noted.

New Items

Proposal for a new prisoner's legal service

Sydney University Law Society and Phillips Fox DLA are currently consulting on the possible establishment of a new legal service for prisoners. It was agreed that it would be useful to hold a roundtable to discuss the legal needs of prisoners, which organizations are addressing these needs and what are the service gaps that need to be filled.

The roundtable will be held sometime after the launch in July of the Law and Justice Foundation's research report into the legal needs of prisoners.


The next meeting of NLAF will be on Wednesday 27th August 2008.

 

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