Annual Report 2010-11 - Springvale Monash Legal Service Inc

Annual Report 2011
Springvale Monash
Legal Service Inc.
Connecting to the community
Susan Lathrop Campbell AM
(27.5.1944 – 3.3.2011)
We remember Sue with great warmth and respect. Sue was an
integral part of the clinical legal education movement for many years
and had held the position of Chairperson of Springvale Monash Legal
Service for many years. She not only was an active Board member but
was prepared to step in as a supervisor or oversee a case file load
when staff were absent. Sue provided guidance, mentoring and active
involvement in planning, implementing and evaluating the legal
service’s operations. Sue also contributed extensively to the Lawyers
Practice Manual Victoria as writer and editor. Her skills and knowledge
were vast, her willingness to be involved were second to none.
The world is now short a beautiful soul and you will truly be missed by
the Board, staff, volunteers and many students of SMLS and the
editors of the Lawyers Practice Manual Victoria.
Statement of Purpose
Statement of Purpose
1. S
MLS aims to empower and support members of our community to use the law and legal system to protect and advance
their rights and broaden their awareness of their responsibilities.
2. S
MLS seeks to redress imbalances in access to justice through the provision of legal assistance and information, community
legal education and law reform.
3. S
MLS aims to develop the confidence, skills and ethics of law students through clinical legal education in a community
environment.
Goals:
1. To empower and advance the rights of disadvantaged members of the community through access to:
(i) legal advice,
(ii) representation,
(iii) information, and
(iv) referral to other community organizations.
2. To highlight systemic disadvantage in society and advocate for the removal of barriers to justice through:
(i) building partnerships with those most affected by disadvantage,
(ii) working within a community development framework in problem solving,
(iii) provision of high quality and accessible community legal education and law reform activities.
3.To in conjunction with the Monash University Law Faculty Clinical Education Program, educate future law graduates
through:
(i) Provision of supervised practical experience at the legal service
– advising clients and conducting casework
– community engagement
(ii) Provision of education around ethical practice, including understanding disadvantage and
client empathy and respect.
4.To support the continuing education and professional practice of Victorian legal practitioners through involvement
in the production of the Lawyers Practice Manual (Vic).
5.To administer the legal service in line with the principles of good governance, ensuring adequate funding, meeting
all constitutional and funding requirements, and maintaining high levels of staff management, productivity,
accountability, and training.
Springvale Monash Legal Service Inc. | Annual Report 2011
1
Contents
Statement of Purpose and Goals
1
Board, Staff, Students, Volunteers
3
Statistics, Details of Outreach Services & Overview of
Cooperative/Collaborative Activities
7
Acknowledgements
10
Chair
11
Farewell to Sue Campbell – a clinical role model
12
Director
13
Legal Practice Manager
14
Administration
16
SMLS/SECASA Joint Legal Clinic
17
Family Violence Program
18
Family Law & Child Support
19
Civil Litigation Advocate
20
Community Development & Law Reform
21
Visioning Justice Project
22
SEMAS
23
Student’s Perspective
24
Volunteers Program
25
Lawyers Practice Manual, Victoria
26
Finances
27
Services Provided
32
2
Board of Directors
& Staff
Board of
Directors
Sonia Parisi
(Chair)
Sue Campbell
(Chair**)
John O’Sullivan
(Treasurer)
David Starvaggi
Anna Hall
Jared Heath
Simon Varszeghy
Christine Keys
Marianne Rose
Adrian Evans
(Consultant)
David Yarrow
(Consultant)
Monash Law Faculty
Advisors
Bronwyn Naylor
(Vice Chair)
Azadeh Dastyari
Kathryn James
Ross Hyams
Non Voting Members
Helen Yandell
(ED)
Margaret Austin
(Staff Rep)
David Yarrow
(Vice Chair)*
Adrian Evans*
Staff
Director
Helen Yandell
Legal Practice Manager
Carolyn Stuart
Administration Manager
Joan Thong
Finance Worker
Annette Di Battista**
SEMAS Volunteers
Jeannette Shopland
Mitra Pirouzgar
Trang Nguyen
Janerose Okello**
Anne Garner**
Melinda Jackson**
Network Administrator (IT)
Geerish Joyram
Ritesh Foolchand**
IT Volunteers
Ritesh Foolchand
Oliver Lam Yew Fong**
Locum Professional
Practice Supervisors
David Starvaggi
Community Development
Worker
Viviana Cohn
Dave Taylor**
Family Violence Lawyer
Janine Hill-Buxton
Community Development
Workers – Visioning Justice
Project
Bec Smith
Temar John
Daniel Haile-Michael
**Vacated 2010-11
Coordinator of Volunteers
Jason Saultry
Professional Practice
Supervisors
Margaret Austin
Sally Merrie
Natasha Booth
Civil Litigation Advocate
Graham Wells
*Retired
Administration Officer
Diane Roberts
Administration Workers
Nadia Di Battista
Jason Saultry
Tom Austin
Trang Nguyen
Susan Ball**
Family Law & Child Support
Solicitors
Alicia de Pedro
Malvina Predecki
SMLS/SECASA Joint Legal
Clinic Acting Supervisor
Janine Hill-Buxton
South Eastern Migration
Assistance Services
(SEMAS)
Renuka Senanayake
Springvale Monash Legal Service Inc. | Annual Report 2011
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Professional
Practice Students
Clinical Period 3 2010–2011
Clinical Period 1 2011
Clinical Period 2 2011
Law Reform
Community
Development:
Semester 2 2010,
Semester 1 2011
Students Include:
Jeannie CLARIDGE
Shaan BAJWA
Frances BERKOWITZ
Marco PAGLIARO
Emma HEGGIE
Jodie DUNN
Orly ROTSTEIN
Doran YACOBI
Amanda BIFFIN
Hollie JOHNSTON
Emily STUBBS
Joseph SWEENEY
James NEWTON
Katherine LAWFORD
Chelsea TRANG
Minh Van TRAN
Benjamin ENGEL
Marcel WODA
Ali Kemal BESIROGLU
Daniel WEAVERS
Thomas HANNA
Elise CALDWELL
Jenna MCCONNACHIE
Shanee KATZ
Thomas FALLON
Katrina LAM
Bradley LIPOW
Sophia VLAMIS
Sarah LENTHALL
Lena LETTAU
Andrew THEODOROU
Jeremy APPEL
Anna MURPHY
Marco PAGLIARO
Monica DOMAGALA
Esther Yan Wah LEUNG
Helen SCHNEIDER
Julian VIDO
Katherine MINOGUE
Hannah LINOSSIER
Thomas WOLF
Albert NG
Tze Shin GUAN
Jenny KUANG
Stephanie WALLACE-ROLLE
Tom MCLENNAN
Jessica MCKENZIE
Josh YU
Olga PENEVA-PRAKASH
Olivia PELS
Vivien BENJAMIN Phoebe TOLICH
Ineke DANE
Catherine SYMES
Sara GRIFFITH
Scott HILL
Ngan Tan HO
Chat (Uditha) THOMAS
Clare HUGHES
Stephanie KOMESAROFF
Justine Lai YUET
Solina SAM
Thomas SCHNEIDER
Paulina Fishman
Romaine ABRAHAM
Linh Cam DIEP
Benjamin CLARK
Thea EMETLIS
Michelle HOLSMAN
Hannah HOWSAM
Lucy BOYD
Alexandros LAZARIDIS
Amanda SHUEN
Kate LIGHTFOOT
Karly WARNER
Winnie TSANG
Lachlan SALT
Bryn BUTLER
Shaun BLACKER
Melissa BATEMAN
Chen YANG
Simon FULLER
Stefan ZIBELL
Charles MORSHEAD
Stephen SILVAPULLE
Emily JOHNSTONE
4
Jane BLACK
Stephanie KOMESAROFF
Marianna PARRY
Samantha CAMILLERI
Simon ACOTT
Amanda THOMPSON
SMLS/SECASA
Joint Legal Clinic
Volunteers
Laura CHIPP
Advance
Professional
Practice
Students:
Fiona MARTIN
Hollie JOHNSTON
Cameron MYERS
Katie MINOGUE
Sharynn MOORS
Chris SPAIN
James BROWN
Chris EDWARDS
Jessica MALIN
Caitlin JAMES
Lachlan SMITH
Celeste KORAVOS
Ali BESIROGLU
Emily ARCHER
Ebony BOOTH
Eyal GRENENDE
Amy LEWIS
Alina LEIKIN
Patricia ATHANASIADIS
Margaret AUSTIN
In SMLS workroom, supervisor
and students at work:
Katie McGORIAN
Eyal GRENENDE
Nida SAJJADI-EMAMI
Vacated 2010–2011:
Carla FERNANDES
Derya SIVA
Felicity PURCELL
Louisa WANG
Sach FERNANDO
Vanya ETIMOV
Wendy WANG
Springvale Monash Legal Service Inc. | Annual Report 2011
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SMLS Evening
Volunteers
John O’SULLIVAN (S)
Subashini RANJANAN
Stephanie CLANCY
Prudence BURRELL (S)
Kate LIGHTFOOT
Raman BAWA
Romina WOLL
Raj BHATTACHARYA
Thi Mong Thuy LE
John LONGO (S)
Caitlin JAMES
Rebecca HALL
Philip XIE
Belinda SHEN (S)
Paul ALEXANDER
Rebekah BESSANT
Amy YEAP
Jeannie CLARIDGE (DS)
Kirk BERENGER
Sarah BEREZOWSKI
Jane LEONG
Shaan BAJWA
Daniel OPARE
Sarah COLMANET
Charles WONG
Victor ISLAM
Elizabeth HO
Inderjeeth DIKSHA
Sam SAMARAKOON
August BARDA
Monireh TABAN
Emily JOHNSTONE
Bei LI
Eliza LOCKHART
Dzung NGUYEN
Thasha WARSHAPPERU
Simon VARSZEGHY (S)
Chat THOMAS
Nia DAVES (S)
Frankey CHUNG
Vivek ANAND (DS)
Eamon MCERVALE
Erol CINAR
Natasha VANDERHEYDEN
Alice KIM
Jared HEATH (S)
Grace WONG
Chris TWIDALE (S)
Sally TYERS
Anthony HONG (DS)
Jeremy APPEL
Marta KOWALCZYK
Cathy LI
Luciana RAMOS
Xinni LIM
Cora HODGES
Hannah LINOSSIER
Sharon HUMPHRIES
Augustine STEPHAN
Andreanna MOSCHOYIANNI
Stefanie LIM
Emma NEWNHAM
Michelle NGUYEN (S)
Yvette MARIE-HAIKAL
Natasha BOOTH (S)
Winnie TSANG
Tiffany DOUGLAS (DS)
Michelle FINEBERG
Elise CALDWELL
Matthew DALY
Olga PRAKASH-PENEVA
Sam HALL
Lachlan SALT
Grace KELLY (S)
Emily STUBBS
Jacqui CAUST (S)
Kasia STRUS
Carina MOORE (DS)
Monica DOMAGALA
Ngan HO
Sophia VLAMIS
Astrid ZECENA
Janerose OKELLO
Diane NGUYEN
Charlie MORSHEAD
Nadav PRAWER
6
Vacated 2010-2011:
Adam COOKE (S)
Alexander ILIC
Andrew PINCHIN
Avtar KAUR
Bill GRIMSHAW (S)
Daniel VISSENJOUX
Danielle STAWSKI
Sarah HOLLOWAY
Sarah MATTHEWS
Sonia PARISI (S)
Stephanie GLOVER
Steve PETERSON
Tehara JAYASURIYA
Uditha BERNARD
Zengfei HE (DS)
Darren HINDLE
Despina BEDOVIAN
(S) – Supervisor
Elise JAWOROWSKI
(DS) – Deputy Supervisor
Emily SIMONS
Erin CLEARY
Evelyn WONG
Franceska LEONCIO
Hannah WESTBROOK
Johnson TRAN
Karen KWOK
Kathleen CASEY
Keat LOW
Laura EVANS-MCKENDRY
Laura MYER
Leanne OLDEN
Maria Grace WONG
Mariam BOLES
Marianne ROSE (S)
Michael SEELIG (S)
Nancy NGUYEN
Natalie WONG
Nicholas KONG
Pretty GULATI
SMLS Statistics –
1 July 2010 to 30 June 2011
Clients
Total number
of clients
4440
Legal Advice
Total number
of legal advices
provided
3585
Casework
Total Cases opened
during period
(Open & New)
2421
Non-Casework
Projects
Community Legal
Education
29
Total Cases closed
during period
1089
Law Reform
32
Proportion
%
Top 20 Problem Types in 2010-2011
Motor vehicle accident
7.8
Family or domestic violence order
6.6
Road traffic and motor vehicle regulatory offences
6.6
Divorce
5.9
Family Law Other
3.7
Government/administrative issues relating to fines
3.5
Sexual assault and related offences
3.2
Other civil
2.8
Credit and debt owed by client
2.8
Property Other
2.4
Family or domestic violence
2.2
Other civil contracts
2.2
Child Support Other
2.0
Wills/probate Other
2.0
Wills/probate guardianship/trusteeship
1.9
Motor vehicle property damage
1.9
Motor vehicle Other
1.8
Immigration Refugee/Humanitarian-Offshore
1.6
Employment conditions/entitlements
1.5
Credit and debt collection
1.4
All Other problem types (including Tenancy, Consumer, Discrimination, Minor Crime, Neighbourhood Disputes,
complaints against public offices)
36.2
Total Problem Types
100.0
Springvale Monash Legal Service Inc. | Annual Report 2011
7
Core Service Activities
2010–2011
Type of activities
Funding categories
Number of advices
Number of cases
Number of project
Civil Litigation Project
73
60
3
Child Support Services
40
86
3
State Project 1 2300
72
240
0
Generalist Services
3392
810
39
2%
11%
31%
23%
33%
54% Male
46% Female
2010–2011 SMLS services
sought by age group
2% Under 18
31%18–34
33%35–49
23%50–54
11%
Over 65
86%
11%
2010–2011 SMLS services sought by gender
3%
2010–2011 SMLS services
sought by population by
Income Scale
86% Low
11%Medium
3%High
8
Details of
Outreach Services
Springvale Community Aid and Advice Bureau (SCAAB)
Youthlinks
SMLS Staff and students attend the Noble Park offices of
Youthlinks weekly in order to engage directly with young
people enabling a better understanding of issues affecting
young people.
Magistrates Court Dandenong
SMLS provides a lawyer to work as Duty Lawyer one day a
week at the court as part of the Family Violence Program.
We also contribute to the Court Users network, comprising
representatives of all the services involved in family violence
work, including Magistrates and court staff, Victoria Legal Aid
and other Community Legal Centre lawyers, Relationships
Australia, WAYSS, Court Network and Victoria Police.
Overview of Cooperative/
Collaborative activities
SCAAB and SMLS have co-located for 38 years and
continue to collaborate on a daily basis to ensure clients
receive a holistic service. We are involved in partnership
activities including the operating of the South Eastern Migration
Advice Service (SEMAS). This service provides advice and
assistance to refugee and humanitarian entrants to Australia
seeking assistance under the Special Humanitarian program.
SMLS works in partnership with the Monash University
Law Faculty and Monash Oakleigh Legal Service to provide
a Clinical Legal Education program for law students. This
involves working directly with up to 81 Professional Practice
students, 12 Advanced Professional Practice students and
24 Law Reform and Community Development students each
year, through the seminar program and placement activities.
Western Suburbs Legal Service, Fitzroy Legal Service
and SMLS have continued to collaborate on the follow up
to the Racism Project. Thanks to a grant from the Legal
Services Board grants program we have been able to work
on the Visioning Justice project, details of which are included
in the report.
The South Eastern Centre Against Sexual Assault
SECASA and SMLS continue to run the Joint Legal Clinic
for victims of sexual assault.
City of Greater Dandenong have provided ongoing support
with accommodation and maintenance. In addition we work
collaboratively through a range of networks including the
Southern Region Youth Advisory Network and the Multicultural
Youth Advisory Group.
SMLS is an active member of the Federation of Community
Legal Centres, contributing as a member of the Committee
of Management as well as membership of various working
groups including the Violence Against Women and Children;
Civil Law; Older Persons; Child Protection; Community
Legal Education workers and Infringements working groups.
One staff member is a regular participant at the newly formed
Taxi Driver Legal Service operated at Footscray Community
Legal Centre.
SMLS was the lead member of a Consortium of services,
formed to assist Unaccompanied Humanitarian Minors
(UHM) who are living in this community. The Consortium
includes staff from SCAAB, VLA, VLAF, PILCH, Foundation
House and DHS Refugee Minor Program.
SMLS is an active member of various Victorian Legal
Assistance Forum working groups. VLAF aims to bring
members of the legal professional and community agencies
together to advocate for improved and coordinated services
to marginalised members of the community.
Corner Partnership exists to look at the needs of services
and communities who are located at 5 Osborne Avenue
in Springvale. This includes SCAAB, the Springvale
Neighbourhood House and the Springvale Learning and
Activity Centre.
Springvale Monash Legal Service Inc. | Annual Report 2011
9
Acknowledgements
Staff of Law Faculty Monash University for ongoing
commitment to Clinical Programs which assist marginalised
members of the community.
Staff and Committees of Management of our partner
organisations at 5 Osborne Avenue, Springvale Community
Aid and Advice Bureau (SCAAB), Springvale Neighbourhood
House (SNH), and Springvale Learning and Activities Centre
(SLAC).
Management and Staff of the City of Greater Dandenong
for their support, advice and service in attending to SMLS’
requests.
Dean of the Law Faculty, Arie Freiberg, and Faculty staff,
Dr Bronwyn Naylor, Dr Becky Batagol, and Ross Hyams as
well as Professor Gregory Reinhardt of Australasian Institute
of Judicial Administration for volunteering their time as guest
speakers for the Law Reform and Community Development
Unit (LRCD).
Inala Cooper of Indigenous Advisory Council, Daniel Leighton
of Inclusion Melbourne, Kelly Hinton of Project Respect,
and Vrinda Eden of Dandenong Psychiatric Hospital.
Priscilla Jamieson of RILC, May Farah of New Hope
Foundation, Catherine Burnett, Sanjai Kissus and
Browyn Sarantoulia of Refugee Minor Program,
Eric Brunett, and Dr. Jeanette Shopland for their
assistance in our SEMAS Program.
Magistrate Peter Power, Loy Kop, Denis Nelthorpe and
James Farell and the Tenants Union for assisting in the
Professional Practice seminar program.
10
Magistrates Lesley Fleming and Pauline Spencer,
Senior Registrar Mark McCutchan, Counsel David Starvaggi,
Peter Schumpeter and Shiva Pillai and Staff of Dandenong
Magistrates Court for their assistance in running advocacy
workshops for students each clinical period.
Peter Horbury and Rini Krouskos of Social Security Rights
Victoria, Denis Nelthorpe of Footscray Community Legal
Centre, Terry Gorman and Julia Di Giovine of Springvale
Community Aid and Advice Bureau.
Staff of the Federation of Community Legal Centres for
support and assistance.
Partners and Staff of Wisewoulds Lawyers for their ongoing
Probono partnership.
Public Interest Law Clearing House (PILCH) and Vicbar for
their Pro bono Counsel assistance.
The Professional Practice and LRCD students for their passion,
vitality and zeal they bring to the legal service.
All SMLS volunteers for their endless enthusiasm and energy
in assisting with the Volunteer Program and casework.
Chair, SMLS Board
Sonia Parisi
It is with sadness that I write as Chair, knowing that but for
her untimely death earlier this year, Sue Campbell would have
the honour of presenting this report.
Sue’s contribution to SMLS, and to the education of Victorian
lawyers was singular and exceptional. To me, like myriad
others, Sue represented many things. She was a teacher,
social justice advocate, legal education reformer, wise
counsellor, mentor, and friend. She is missed greatly by all
who knew her, and our thoughts remain with Mia, Elena and
their families.
Sue’s influence continues to reach beyond those who passed
through the doors of the Monash Law School, and who
completed Professional Practice, to the thousands of
practitioners who use the Lawyers Practice Manual, and now
to every new graduate undertaking legal training in Victoria.
Her impact on the practice of law in Victoria is vast and lasting.
Sue’s friends in the clinical legal programme, Law Faculty and
beyond continue to consider a fitting way to mark her immense
contribution to the education of generations of students, and
the thousands of clients they have assisted. I look forward to
the further development of such a tribute to honour Sue’s
decades of involvement, dedication and leadership.
Turning to the operation of the legal service to which Sue gave
so much, it has been another busy year. Demand for advice
services continues to rise, bringing our intake numbers to
record-breaking attendances. The last three years in particular
have demonstrated a steep increase in need, which shows no
signs of abating.
SMLS continues to provide great breadth in advice offerings,
from the traditional areas of general legal advice, criminal and
family matters, to new sessions just begun in employment law,
and wills, powers of attorney and guardianship. Our new
website not only informs about these services, but also
provides a chance for community members to provide their
views on how we can continue to shape our services to need.
I would like to thank the staff, students and volunteers
who through their efforts make the law accessible, despite
the challenges that heightened demand and community
expectations bring. I also thank Helen and my board
colleagues for their leadership and guidance of SMLS.
2013 will mark the 40th anniversary of Law Students from
Monash Law Faculty contributing to the legal supports
available to the community at Springvale. This will be an
important occasion to mark our success to date in the ethical
and best-practice training of lawyers. It will also be an
opportunity to plan for the future of SMLS so that those who
need our support and services will continue to receive them,
including the students who benefit greatly from the unique
experience that Professional Practice offers. This is clinical
legal education at its best – a transformational experience
that continues to reverberate for the students throughout
their professional lives, whilst assisting and supporting
clients and the community. It was the principle to which
Sue Campbell devoted so much of her life, and which is our
legacy to continue.
Springvale Monash Legal Service Inc. | Annual Report 2011
11
Farewell to
Sue Campbell –
a clinical role model
By: Ross Hyams, Convenor – Legal Practice Program
“Teaching should be full of ideas
instead of stuffed with facts” Author Unknown
On 3 March 2011, when Sue Campbell passed away, clinical legal
education lost one of its most influential and charismatic leaders.
Sue had worked in the clinical program for 24 years as a
supervising solicitor, mentor, teacher and convener. It is difficult
to imagine what the Monash Law Faculty clinical program would
be now, without the dedication and commitment that Sue put into
it over her professional life. Sue had also been the Chief Examiner
in the foundation law unit then known as Legal Process (now
Introduction to Legal Reasoning) for many years and she also
inspired countless numbers of students in that role.
I considered myself incredibly lucky to work with Sue for almost
20 of her Monash years, but before that, she had been my
teacher. I distinctly remember the first time that I ever set eyes
on her. It was 3 March 1982 – my very first law lecture in Legal
Process. It was a hot day and she came into the lecture theatre,
sat on a desk and kicked off her sandals, running the rest of the
class in bare feet. She told us “We are going to talk about justice.
I don’t care if you studied legal studies at school and I don’t want
to hear smart legal argument. We are going to talk about conflict,
people’s problems and how they might be resolved”. I remember
thinking “This is exactly where I want to be!” I suppose the reality
is that she never really stopped being my teacher, as I continually
learnt from her throughout our years working together. Like all
those who were lucky enough to encounter Sue in their lives,
she did not simply teach me facts, but opened my mind to ideas,
theories, speculation and most importantly, endless possibilities.
Sue always taught by example – in her supervisory work at the
Legal Services and her Editorship of the Lawyers’ Practice Manual
she really ‘walked the walk’ rather than just talking the talk. She
was one of those teachers who inspired generations of students
by her unwavering commitment to social justice, her ability to
explain complex concepts of law in the most logical and simplest
of fashions and her enthusiasm for challenging her students with
ideas not only about what the law is and how it works, but how
it could be. In 2007, her work was publically acknowledged by
her being honoured as a Member of the Order of Australia for
“Services to the law, particularly through the development of
clinical legal education in Australia and community legal services
in Victoria”. In typical Sue Campbell fashion she was selfdeprecating and unassuming in her acceptance of acclaim
from her peers for this remarkable achievement.
12
If students were lucky enough (as I was) they would encounter
her as a first year lecturer and then, if they undertook Professional
Practice some years later, she would cap off their law school
experience at one the Legal Services. Her influence on
generations of students whom she taught either at the
commencement or end of their law studies (or both) is
inestimable. In her role as Chairperson of SMLS, in her legal
service casework and her mentoring of students, she always
demonstrated a deep commitment to issues of social justice.
This was evident in the way she discussed the clients’ problems
with her students. Clients were never “matters” or “cases” to
Sue, but always real people with problems to be resolved which
required empathy, delicacy, care and commitment. She tried to
inculcate this in her students, not by brow-beating them or
sermonising, but simply by personal example. She deeply cared
for the concept of a ‘fair go’ for her legal service clients and
modelled this in her professionalism and ethic of care. She was
a role model in the way she inculcated a sense of professional
responsibility in her students, attempting to teach them both
compassion and tolerance, and like the much loved Atticus Finch
of “To Kill a Mockingbird” fame, inviting them to climb inside a
person’s skin and walk around in it, in order to understand
another’s perspective. She treated everybody with respect and
was brave, courageous and wise. She was an avid believer
in the role of the legal system as the great leveller of society.
In many ways, she was the ultimate model of legal professional
responsibility.
Not only was Sue instrumental in her contribution to the clinical
program and to SMLS particularly in its early pioneering years, but
she was crucial in the ongoing development and advancement of
the program. Most importantly, she had both the vision and the
pragmatism to ensure that the clinical team’s plans could actually
work. I can remember many clinical teachers’ meetings in which
we would all “possibility think” of the wonderful new programs or
projects which we envisaged for the clinics – Sue would always be
able to support our vision with practicalities of the “Right – so if
we’re going to do that, how many pencils will we need?” type.
SMLS, clinical legal education and the legal service world owes
much to Sue Campbell. Her influence on the life of students,
colleagues and clients over her many years of leadership is
beyond measure. Her memory will always be a blessing.
Director’s Report
Helen Yandell
As in all aspects of life, this year at SMLS has had its highs
and lows, new developments and frustrations.
I would also like to acknowledge the contribution of Sue
Campbell from both a personal level and on behalf of the
organization. Sue was not only the Chairperson of the
organization but my mentor and sage. She was always
available to discuss the big picture developments as well as
the minutiae of day to day operations, staff management and
policy review. Her death has resulted in a void that has been
difficult to fill. Thanks to Sonia Parisi for taking over as the
Chairperson of the Board, to Chris Keys and Anna Hall who
continue the important policy review work and to Board
members in general who have ensured the legal service
continues its very important work within the community.
As explained, the need for legal services in this community
has continued to rise. Staff and Volunteers have risen to this
challenge by reviewing and implementing programs to meet
this need. I would like to thank Joan Thong and Carol Stuart
as the Management Team who manage staff and programs to
ensure the smooth running of the legal service. Through annual
planning sessions, all staff are actively involved in proposed
changes and that level of involvement is evident with new
programs having been implemented. I thank all staff for their
committment to the service and the community. We have said
goodbye to Dave Taylor, Sue Ball and Ritesh Foolchand, all
of whom have contribued a lot to the legal service over many
years. In their place we have welcomed Viviana Cohn,
Di Roberts, Geerish Joyram and Trang Nguyen.
The Clinical Legal Education program has also had its
highs and lows with student enrollments fluctuating.
This has caused us to reduce client numbers during those
periods. Students work very hard when they are with us
and many return to volunteer at the night services. We thank
them for their contributions. The Law Faculty continues to
support the Clinical program and we are working to bring
the work of academics and the legal service closer together
through joint research and projects.
We continue to work towards improvements in our facilities at
5 Osborne Avenue with our partners Springvale Community
Aid and Advice Bureau (SCAAB) and the City of Greater
Dandenong. SCAAB and SMLS work collaboratively at the
level of individual clients as well as broader programs such
as migration services and youth services.
One the personal level, I spent the first quarter of this year in
Vietnam exploring the development of clinical legal education
programs in that country. I have been able to return during the
year to participate in workshops and conferences as the Law
Schools move forward with this initiative. I again thank Carol
Stuart who has been prepared to step in as Acting Director
that can allow me this involvement, while at the same time
ensuring the legal service continues to deliver services in a
professional manner.
I would like to the think that the need for community legal
services would decrease rather than increase, that, as
members of the community we could all contribute to
our society in meaningful ways and access the legal system
when and if needed. I will continue to live in hope.
We are also fortunate to have a wonderful team of Volunteers
who have picked up a large proportion of the increased
client demand. Thanks to the skills of one of the volunteer
supervisors, Nia Daves, we have been able to offer speciliast
employment law advice once a fortnight. We have also said
goodbye to some long term supervisors and many of the
student volunteers and we thank them for their contributions.
Springvale Monash Legal Service Inc. | Annual Report 2011
13
Legal Practice
Manager Report
Carolyn Stuart
Once again the past year at SMLS has been busy. The work
continues to increase in all our areas of practice. Clearly our
community has a need for a strong and committed legal
practice, law reform campaigns and legal education.
Our generalist student clinic remained stable with no changes
to our supervisory staff, Margaret Austin, Sally Merrie, Natasha
Booth, Helen Yandell and myself. Thanks to all the supervisors
for their hard work and dedication to providing the students
with the best practical training and the clients with some
exceptional outcomes.
Obtaining the best possible outcome for the client is what
we all work for. This might mean a major win or, for some
clients, even a small win can be significant in their lives. We
hope the students leave here with an understanding that for
some clients, just having a friendly and caring student assist
them is of enormous benefit when they have either limited
language skills, or limited ability to deal with the complexities
of their legal situation.
We also thank our colleagues from SCAAB who can also
assist with financial counseling, and other services, that can
benefit our clients in a crisis. It is often this combined working
with the client that can resolve their issues which are not
always purely legal.
Our other programs also continue to offer valuable but more
specialized assistance. Our decision to have all clients attend
our drop in sessions for initial advice and possible referral has
worked well. We now refer all appropriate clients from weekly
case meetings to our family law, child support, migration and
civil litigation lawyers for ongoing assistance. This process has
worked well over the last year and we will be continuing with
it through next year.
14
Our family violence program has become involved in various
regional networks and we are adding to our referral contacts
all the time. We are trying to build these referrals hoping that
we can offer the right referrals to clients at court and help them
make the arrangements on the spot, so that they know where
to go to get extra help if needed. We know that clients who
leave court on the day with nothing to follow up on, find the
whole process exhausting and often do not want to retell their
stories again and again, so do nothing about getting other
help if needed. We now have two Advanced Professional
Practice students assisting at court which gives us time to
do this extra referral assistance with the clients.
Thanks to all our lawyers for their hard work and input over
the past year. Thanks also to our admin staff for their cheerful
help in managing the admin workload and the endless
questions from the three groups of students over the year.
Below are three of our success stories, some with larger a
financial impact on the particular client than others but all of
major importance to the client. Without SMLS’s assistance
the clients may have faced payments they could not afford or
would not have achieved their rightful outcome
Case Study 1.
Case study 3.
During the year we assisted a client who was persuaded to
take over management of several halfway and boarding
houses. The real operator of these properties is known to the
council and is not able to register any more properties in the
region. Our client agreed because he was offered a weekly
sum of $70.00 and was keen to supplement his aged pension
with the additional weekly income.
John* is a Pacific Islander who was working as a trades
assistant for a labour hire firm. John was contracted to work at
a large local company. Whilst on site, John’s co-worker Chris*
used to ‘joke’ with him. These ‘jokes’ took the form of a range
of disparaging comments critical of John’s race and family.
They included: cannibal, darkie, coconut, monkey, dumb and
various other demeaning statements. Jibes were also made
against John’s wife and family.
The council inspected the properties and our client was fined a
total of $72,000 for failing to keep the properties in proper order.
We obtained legal aid for the Magistrates Court contest
mention and managed to get 11 fines removed. There was a
sentencing indication that potentially made pleading on the day
an option. Unfortunately the indication and the final sentence
were not the same and our client ended up having to pay
$19,000 in fines and costs to the council – an impossibility
on an aged pension. A conviction was also recorded.
We applied to VLA for funding for an appeal but were refused.
We approached Diane New who is an experienced County
Court barrister for pro bono assistance. Fortunately she agreed
to help after just a bit of arm twisting and the final result was a
non conviction with a $700.00 fine.
Our client still had to save to pay even this amount but has
now paid his fine and moved on after a very stressful time.
Case study 2.
Our client was issued with a ticket infringement notice for
travelling on a train without a valid concession card. Our client
was unable to provide evidence of concession because their
low income health care card had expired and they were awaiting
a replacement card from Centrelink. SMLS successfully sought
a review of the decision to fine our client on the basis that
Centrelink should have provided a temporary card while the
new card application was being processed. Our client’s fine
was cancelled and an official warning issued instead.
John found these racist comments distressing and
complained to the site manager (who was employed by
host company, not the labour hire firm which employed
John). [The host company didn’t take any action to stop
the comments] The disparaging comments continued for
2 years and John eventually left the workplace.
John wanted to take action about the racist comments. He
wanted an apology and compensation. He received some
initial advice from his union, but they were conflicted and
ended up representing the other party, Chris. John represented
himself, bringing a complaint in the Victorian Equal Opportunity
and Human Rights Commission. The complaint was brought
against Chris, the host company and the labour hire company.
The Commission urged John to seek legal assistance and
he approached Springvale Monash Legal Service who took
the case on. We spoke to John and obtained statutory
declarations from some of his co-workers who had witnessed
the racist comments.
At the conciliation, John sought a statement of regret,
a statement of service and compensation. After some
discussion and the production of the statutory declarations,
Chris conceded he had ‘joked’ with John. Eventually, the
matter was settled with the labour hire company agreeing
to provide $16,000 in compensation and past entitlements,
a statement of service and a statement of regret.
When agreement was reached, it was clear that the labour
hire company regretted and what had happened to John
and hugs and handshakes were exchanged.
The outcome was a good one for our client. It highlights the
need for legal assistance, both advising and advocating for
clients, particularly given the complexity of the case with the
labour hire arrangements.
*Not real names
Springvale Monash Legal Service Inc. | Annual Report 2011
15
Administration
Joan Thong,
Administration Manager
In 2010–2011, our Administration section saw several
changes in terms of staff movements and increasing workload.
After 17 years at SMLS, Sue Ball, our longest serving
Admin Worker left in December 2010. Sue began her career
at Monash Law Faculty but moved to Springvale Legal Service
(as it was then known) in the early 1990s. Besides her admin
role, Sue was also involved in OH&S Committee which
spanned the Law Faculty and SMLS as well as SCAAB.
To date, she maintains her association with Monash by
attending regular social activities with other past Law Faculty
staff members. With SMLS, Sue has enjoyed working at
SMLS on a casual basis when required. SMLS thanks Sue
for her invaluable contribution and ongoing support of SMLS.
Ritesh Foolchand, IT Network Administrator worked
9 months at SMLS before gaining full time employment
at another organisation. Despite his busy schedule, Ritesh
has continued to volunteer with SMLS designing our new
website (www.smls.org.au) and intranet. We are very grateful
for Ritesh’s significant contribution in time and resources
to meet our ever growing demands on new technology.
Annette Di Battista, Finance Worker resigned due to an
increasing workload from her other work. However, SMLS
had retained and contracted her bookkeeping services.
As we farewelled our old staff, we also welcomed new
ones: Geerish Joyram, Diane Roberts and Trang Nguyen.
Geerish Joyram worked as an IT Volunteer at SMLS for
2 years. Today, he assumes the role of IT Network
Administrator. Our demands on new technology and the
maintenance of IT resources and new telephone system
have kept him challenged and extremely busy.
Diane Roberts came to SMLS in March 2011 to help out
in Admin and was eventually appointed to the position
of Administration Officer. Diane has settled in well “like a
duck to water”.
16
Trang Nguyen started at SMLS as a Work Placement
student in 2008. Since then she had maintained her
working relationship with SMLS via her volunteer work
with the Migration Program. Due to increasing administrative
workload in the Program, Trang was offered a position in
July 2010.
Apart from the above, the remaining Admin staff include
Nadia Di Battista, Tom Austin and Jason Saultry.
Administrative work at SMLS not only focuses on tasks such
as typing legal letters, filing, archives or liaising with workers;
it also demands pro-activeness, synergy, good interpersonal
and multi tasking skills in each of our Admin staff. The staff are
versatile and adaptable to changes and needs from other
workers, students/volunteers or service users/clients. Each
day may bring its own challenges and expectations but with
proper time management and prioritisation of tasks, efficiency
and productivity are achievable. Additionally, to enhance
the skills and knowledge of the administrative processes,
SMLS encourages its staff to participate in staff training or
development courses.
Overall, our Admin group is a big family with a strong sense
of camaraderie and high staff morale.
‘Working in Admin at SMLS continues
to be an exciting opportunity.
Dealing with clients from a diverse
background and helping them seek
justice is an extremely rewarding
experience and one that I enjoy
greatly.’ Nadia Di Battista
SMLS/SECASA
Joint Legal Clinic
Meghan Butterfield
I am very happy to be back on the ground at SMLS after twelve
months maternity leave. In July 2010, our family unit increased by
one with the safe and enormously happy arrival of our daughter and
hence, I bade farewell to the SMLS/SECASA Joint Legal Clinic for
a year. Well, not “farewell” so much as “see you soon” for, I feel I will
always return to the clinic and will be there until the Director wheels
me out of the place when I am old and incontinent. This is my
12th year supervising the clinic and it has been 16 years since
I was one of the first intake of SECASA volunteers so you will
forgive me if I feel like I am part of the furniture!
In my absence, Janine Hill-Buxton very capably managed the clinic.
Janine is the supervisor of the Family Violence Clinic at SMLS and
has been a long-term volunteer at the SMLS/SECASA Joint Legal
Clinic. Janine is a machine! I am quite sure that the woman doesn’t
sleep. She has five children, an acre of garden, a menagerie of pets,
an elderly mother living with her, 2 other jobs and she still found the
time to run the Joint Clinic with an abundance of energy and to
mentor and nurture the students and volunteers. I cannot speak
highly enough of this woman!
In July 2010, three Advanced Professional Practice (APP) students
came on board, under the energetic and compassionate tutelage
of Janine – Emily Archer, Chris Edwards and Celeste Koravos.
I trust that their trimester was educational and memorable and that
they derived enjoyment and learning from acting for many victims
of sexual assault (and from getting some exceptional results).
Obviously, their experiences were positive as all three stayed on
as volunteers. Emily and Celeste are still volunteering, a year after
they commenced the course. They are both conscientious and
delightful volunteers and we are very grateful to have them in our
organization.
Over Summer 2010/11, Caitlin James and Carina Moore undertook
APP with the clinic. Caitlin has remained with us as a volunteer
and her commitment is greatly appreciated by the clinic and we
hope to see her smiling face within the walls of SMLS for months,
if not years, to come.
In the first clinical period 2011, Stephanie Wallace-Rolley, Katie
Minogue, Hollie Johnston and Chris Spain passed through our
doors as APP students. Again, the students acted for numerous
victims of sexual assault in applications before the Victims of Crime
Assistance Tribunal (VOCAT). Some sensational results were
obtained and it can only be presumed that the students enjoyed
the APP course as three of them, Katie, Hollie and Chris have
stayed on as volunteers.
Monday nights are busy. I arrive around 1pm so I can do file reviews
with the APP students before the volunteers start to turn up after
their day jobs and the night session commences. We have a
magnificent collection of dedicated volunteers – most of who are
there every week. With a staff of 18, all in the one place on Monday
nights only, there are not many spare seconds. I have to thank my
very patient volunteers from the bottom of my heart. Some nights,
if the students have many clients, it is 9 o’clock before I can speak
with them and I am very grateful to them for their understanding
and tolerance. Luckily, it is a close knit family so that there is lively
discussion (and a real sense of camaraderie), while the vollies
wait for their name to come up on the faithful post it note stuck on
my office door.
The files presently involve applications for compensation from
VOCAT on behalf of victims of sexual assault. We have enjoyed
some fantastic results before the Tribunal, particularly at Frankston.
Unfortunately, we are experiencing lengthy delays before the
Melbourne Tribunal due to an untenably slow registry. This is
disappointing for our clients, many of whom have endured
protracted criminal proceedings and hope that the finalisation
of their VOCAT application will signify closure of an unhappy
chapter in their lives.
On a happy note for SMLS, we are attaining generous awards
for costs from VOCAT so that our clinic continues to obtain
financial reward for the Legal Service.
We continue to examine the viability of bringing action under
Section 85 of the Sentencing Act in appropriate cases.
Section 85 provides the mechanism by which an offender may
be ordered to pay compensation to his/her victim as part of his
criminal sentence. In order to be viable, an offender must have
sufficient assets to satisfy any order that may be attained and
herein lies the difficulty in the majority of cases. In some cases,
where an offender has significant assets, the Office of Public
Prosecutions (OPP) may take out a confiscation order to restrain
those assets, making a successful outcome for a victim more
likely. However, in my experience, this practice is not consistently
followed by the OPP and opportunities to restrain assets are
often lost. Hence, VOCAT applications often provide the only
realistic recourse available to a victim.
In summary, a productive, profitable and educational year has
been had at our clinic and I remain in debt to Janine for her strong
leadership in my absence. I look forward to another enjoyable
and productive year.
Springvale Monash Legal Service Inc. | Annual Report 2011
17
Family Violence
Program
Janine Hill-Buxton
With the rise of the incidents of Family Violence in the
last year, our program is now being utilized in various ways.
The Thursday court day at Dandenong Magistrates Court
is a very busy day and the networking that we have been
able to establish is now assisting clients getting the necessary
advice from various services available both at the court
and through the court’s referrals.
With the program now becoming an Advanced Professional
Practice subject at Monash University, we can now extend
the program further. The students are expected to manage
up to 10 Victims of Crime Assistance applications as well as
attend the Dandenong Magistrates’ Court on Thursdays.
This rotates so each student has one on one with the
supervisor at the court.
Students are also expected to attend as many of the
Court Users Meeting, Critical Linkages meeting (WAYSS)
and other seminars that arise during to the semester to
ensure a well rounded view of the family violence program.
SECASA is our primary referral at this stage but we are looking
to expand this to the court with the students able to complete
applications at the court on Thursdays. This will enable victims
a quicker progression through the Victims of Crime Application
process. This will also allow for emergency interim award for
relocation or security purposes.
The program has been extremely busy during the year and
there are still many things that need to be completed in regard
to the students and to the new referrals systems. This will take
probably about half of this year to complete, but from then on
it should be a much smoother program.
The Family Violence Program can look forward to a year of
expanding our networks and assisting victims in more
areas than was previously possible. I would particularly like
to thank the staff at the Dandenong Magistrates court and
the family violence police officers from Victoria Police for
supporting our efforts to assist as many victims in this program
and ensuring that people receive accurate legal advice when
it is most needed.
This year we hope to do emergency applications for interim
awards for victims at the court on the day the application is
made, and assist victims with the intervention order process.
We are also in the process of setting up new referrals to
services with shorter waiting list that just been established
in the area.
1
www.RobertMcLelland.com.au “A Strong Response to Family Violence Bill Consultation”
18
Family Law
and Child
Support
Malvina Predecki
Alicia de Pedro
This has been an eventful year with proposals by the
Federal Government to amend the Howard Government’s
Family Law Reforms. The 2006 Amendments focussed
on shared parenting. The Family Law Amendment Legislation
is currently before the Senate.
The Federal Government’s amendments are focussed on
giving children more protection. This means that where
there is a competition between the principles of shared
parenting and safety of the child, the principle of the safety
of the child will receive priority.
There are also proposed amendments to the definition of
family violence. The amendments broaden the definition of
family violence to include types of behaviour that include
physical behaviours that control or coerce.
Throughout the course of the year we have given advice
to clients regarding many family law and child support
matters including, Parenting matters in the Federal Magistrates
Court, Paternity disputes, Change of Assessment Applications,
Appeals in the Social Security Tribunal and Departure
Order Applications.
We have been involved in a range of networks, including
the Federation of Community Legal Centres’ Violence Against
Women and Children working group, Child Support Stake
holder meetings, Child Support Meetings, attended by
Community Legal Centre practitioners and Victoria Legal Aid
practitioners to discuss case studies, law reform and policy
and the Law Institute of Victoria Community Issues Committee,
a group of junior practitioners to discuss issues in the
community, hold forums and discussion panels as well as
fundraise and develop initiatives to promote social justice
and tolerance in the community.
Attorney General Robert Mc Clelland has said that there
was a strong community response and more than 400
submissions were received during the public consultation
on the draft Family Violence Amendment Bill.1
This year we have worked in partnership with practitioners
from various Community Legal Services and Victoria Legal Aid
on law reform about Child Support and Family Violence and
reform of paternity presumptions.
Springvale Monash Legal Service Inc. | Annual Report 2011
19
Civil Litigation
Advocate
Graham Wells
It’s been another very busy year, in what remains a very
rewarding area.
Like many of my colleagues, I empathise with the predicaments
many of our clients bring. However, there are times when a
client’s desperate circumstances can cloud or muddy the
objective waters that bring merit or a cause of action.
Not getting to close to clients was something Justice Harper
remarked on in a recent advocacy seminar at Dandenong
Magistrates Court. With seminars like this and CPD training,
I am feeling a lot more comfortable as an advocate.
Motor Vehicle Accidents (MVA’s)
One notable success, involved a client with a mental
illness. Her insurer refused to defend her matter, but
through persistence and internal review, the insurer
realised that they needed to honour the claim.
In another concertina motor vehicle matter, we were
able to piggyback on the work of a private firm, and then
get the insurer of the main wrongdoer, to pay out for our
client’s damage.
Employment and Discrimination Law
We have also picked up increased demand for representation
in discrimination and workplace disputes. The two go together.
As a result we have had matters both at the Victorian Civil
and Administrative Tribunal (VCAT) and the Victorian Equal
Opportunity Human Rights and Commission (VEOHRC).
These have been a mix of sexual harassment and racial
discrimination disputes.
20
Banks and mortgages
We have also picked up a number of debt disputes
involving one of the large banks. Generally, we have settled
these once we have got the parties talking to each other.
They have involved clients with little or no English or the
presence of mental illness.
Tenancy
We have had several tenancy matters that have resulted in
representation at VCAT. In both instances, good outcomes
were obtained for our clients.
Costs and Conduct disputes
Again these seem to be common with clients who speak
little or no English, or who might suffer forms of mental illness.
Our representation normally involves investigating the conduct
that led to the dispute, and where there is merit, seeking a
re-hearing application. These are intrinsically problematic
matters, and we have had mixed success.
In one extreme matter a small outlying firm litigated against a
past elderly client, who lived alone in rental accommodation,
for $342.00. Thankfully we were able to settle this matter.
Law Reform
In addition to writing the occasional submission and some
lobbying, I am still convening the Federation Civil Law Working
Group. This year we have run several mini conferences on the
new Civil Procedure Act 2011, and tenancy for CLC Lawyers.
More are planned for the coming year.
Community
Development and
Law Reform
Viviana Cohn
Having only started working as the Community Development
Worker at SMLS five months ago I want to take this opportunity
to express my enthusiasm about the work achieved before
my arrival! I am keen to continue this work and wish to thank
the SMLS community for the warm welcome I have received.
Good Community Development practices are designed to
give people greater control over the conditions that affect
their lives. Community Development principles are concerned
with issues of powerlessness and disadvantage and are
informed by what the community of interest identifies as
relevant. To this end, SMLS has worked with a number of
communities this year on a range of issues.
Law Reform and Community Development (LRCD) Unit
In the first semester of 2011 the LRCD students were
involved in the following projects:
– Sex Industry issues – In consultation with Kelly Hinton
of Project Respect the LRCD students prepared a research
report outlining the Swedish Governments approach to
regulating the sex industry in Sweden including an analysis
of the advantages and disadvantages of implementing the
“Swedish Model” within the Australian context. This project
also involved the production of an overview of the Italian
Government approach to illegal sex trafficking.
– Refugee issues: In consultation with Renuka Senanayake
of SEMAS these students undertook an evaluation of
Unaccompanied Refugee Minors split family visa applications
which informed appeals for reviews of the DIAC decisions.
Community Development and Law Reform activities:
Further to the LRCD co-ordination work, I have also worked
with numerous community organisations throughout the local
region on concerns such as Psychiatric Consumer rights;
Unaccompanied Refugee Minors support service gaps;
“Homeless not voteless” education campaign meetings;
Federation of Legal Centres networking dialogues and CALD
Youth Inclusion programs with the City of Greater Dandenong.
We have submitted recommendations to the Federal Inquiry
on Multiculturalism; Review of the Victorian Charter of Human
Rights and Responsibilities Act; and participated in the
Attorney General Service Provider Consultation Forum.
SMLS also hosted a BBQ activity in celebration of Law Week
which was well attended by clients and staff, who enjoyed
sausages and legal game activities.
In summation, the past five months have been both challenging
and rewarding. I have had the honour to work with a team of
very dedicated workers, volunteers and students as well as
interesting members of the local and wider community. I look
forward to carrying on the work of my predecessors!
– Youth justice issues: In consultation with Denise Goldfinch
of Youth Links this student project involved the production
of a paper outlining both the history and the regulatory
context of police “Stop and Search Powers”.
–F
amily violence issues: In consultation with the SMLS
Family Violence Worker Janine Buxton-Hill and Dr.
Bronwyn Naylor tthis work involved evaluating existing
research aimed at examining the affectivity of family violence
support services, with a mind to further research in the area.
– Indigenous reconciliation issues: In consultation with
the Monash University Indigenous Advisory Council
the students worked on an ongoing project involving the
development of a Monash University wide Indigenous
Reconciliation Action Plan.
Springvale Monash Legal Service Inc. | Annual Report 2011
21
Visioning Justice
Project
Bec Smith
Recent trends in the negative representations of young people
(particularly those from diverse backgrounds) in mainstream
television, radio and newspapers have deeply impacted young
people in our city. These young people have experienced
significant alienation stemming from the unnecessary fear evoked
in media representations, resulting in intensified police attention
and increased involvement with the justice system.
These things lead to particularly negative outcomes for vulnerable
young people in Melbourne, including experiences of violence,
injury and imprisonment. Young people say they are consistently
excluded from the media and policy debates about the issues that
most deeply affect their day to day lives: debates about policing,
use of public space and the details of how the justice system
disproportionately disrupts their communities. In the words of an
African young person from Melbourne’s west:
It’s been [a] rough ride. I honestly thought that coming to Australia
I was going to leave, ya know, the entire corrupt, political, civil war
ideology of Africa behind me … You have a lot of the people in the
community saying, ‘Just make the best, be quiet, if the police hit
you on one cheek, turn the other. Let them do whatever they want
you to, just behave yourself, we’re gonna get out of here
eventually.’ So when I see this, obviously it really destroys my
heart. People are running away from Australia because of, ya
know, people are saying we’re never gonna be accepted. The
police won’t, the politics won’t accept us.1
In an attempt to intervene in this dynamic and to turn this reality
around for at least some impacted young people, SMLS has
joined forces with 3CR in conducting the Visioning Justice Project.
In the first half of 2011 a small group of young people from diverse
backgrounds have been working away in 3CR studios on this
alternative media project. One of the projects key aims is to get
young people’s experiences and opinions onto the airwaves and
into the public realm, and to generate a grass roots ‘vision’ of how
their communities can engage with criminal justice institutions in
a positive and transformative way.
Visioning Justice, funded through the Legal Services Board grants
program, is a commitment to the young people to find practical
solutions to the problems they and many of their peers have faced
when involved with the criminal justice system, to listen to and publicise
their stories and to work alongside them to create meaningful changes
in their interactions with the police and justice system.
1
Project participants have undertaken an 8 week training course
to support the development of their radio documentaries. They’ve
learned about 3CR, panelling, interviewing, the documentary
form, using portable recorders and interviewing. We’ve also had
6 guest speakers to help interrogate and understand the issues
and complexities of the justice system and it’s impacts, including
legal experts, advocates and activists, a Magistrate and a New
and Emerging Communities Liaison Officer from Victoria Police.
Visioning Justice seeks to address social disadvantage by the
development of sustained working relationships around issues
of social justice with diverse young people, and by maintaining a
supportive space for these young peoples’ perspectives and
analysis in the media and policy arenas. The project is in part an
attempt to encourage the justice system to be more responsive
to marginalised communities and to generate positive alternative
solutions to the structural issues that generate conflict.
By gaining skills in radio production and building confidence in
voicing their experiences and ideas for dealing with the ongoing
conflict, the young people may not only be able to bring about
change in their own lives but influence the outcomes of many of
their peers. We hope that as a result, these young people
experience freedom and the expression of their civil, political and
human rights very differently to how they have previously.
The radio documentaries will be broadcast and launched in late
September and available on the 3CR website. We will produce a CD,
which will be distributed to policy makers and community agencies.
The documentaries will present a number of policy recommendations
from the project participants, including changes to police
accountability systems, changes to treatment of young people in
public spaces, encouraging mainstream media to put forward their
views and present the ‘whole picture’ and acknowledgement of
Australia’s history and how it’s informed how our justice system
operates and disproportionately affects certain groups.
Project participants have greatly enjoyed the training, learning
about the legal system as well as radio production. They have
been extremely generous in putting forward their views and
really value the opportunity to have their voices on the airwaves.
They are also really keen to present their documentaries to
decision makers, especially in the Department of Justice, the
Police, and the Courts. Please tune in and listen up for the
Visioning Justice radio documentaries coming to you soon on
3CR and the SMLS website.
mith & Reside, Boys You Wanna Give Me Some Action? Interventions into policing of racialised communities in Melbourne (2010)
S
www.fitzroy-legal.org.au/cb_pages/files/LegalAid_RacialAdol_FA2.pdf
22
SEMAS South
Eastern Migration
Advice Service
Renuka Senanayake
During the period under review, the effective delivery of
the program’s services was affected by two significant
factors – constraints on funding and procedural and policy
changes along with unprecedented delays in processing
visa applications under the Special Humanitarian Program
by the Department of Immigration and Citizenship (DIAC).
The program continued with funding assistance from SMLS
and a limited grant under the Settlement Grants Program
received by SCAAB to assist persons of Afghan origin.
As a result, the program’s work was limited to assisting
unaccompanied minors and a few vulnerable members
of the community. The program was unable to extend its
services to members of the public eligible for Settlement
Grants Program assistance as provided in the past.
Numerous changes in policy and procedures brought to
the processing of humanitarian visa applications and the
unprecedented delays meant that much of the program’s
resources were diverted to advocate for our clients, ensuring
that applications lodged on behalf of them – most of whom
were young persons – continued to contain relevant
information.
In particular, the withdrawal of priority processing accorded
to applications made by minors for family re-unification
coupled with the decision by DIAC not to process applications
on split family grounds once a young person turned 18 has
adversely affected our clients, resulting in many visa refusals.
These changes and decisions placed a considerable burden
on the service’s ability to assist new clients.
Advocacy/Law Reform
As a member of the Consortium on the Unaccompanied
Humanitarian Minors Law Access Project, SEMAS along
with Foundation House, Department of Human Services,
Flemington Kensington Legal Service and Victoria Legal Aid
ensured that unaccompanied minors had access to migration
advice and assistance. The Consortium also advocated
for funding for legal and migration services to assist
unaccompanied minors.
One of our young clients, whose application to be re-united
with his mother was refused in December last year, wished to
challenge this decision. SEMAS with assistance from Victoria
Legal Aid and Barrister Lisa Ferrari assisted this young person
to challenge DIAC’s decision not to process these applications
on split family grounds once the young person turns 18 in the
High Court, known as M10. With assistance from Russell
Kennedy Pty Ltd we are assisting a further 6 young persons
whose family’s applications were refused to lodge their
applications in the High Court pending an outcome in M10
which will be heard on 26 September in Adelaide.
During the year many of our humanitarian visa applicants
had adverse decisions, often based on arbitrary findings by
individual assessing officers. As these clients have no formal
rights of review SEMAS has assisted these clients lodge
complaints with the Commonwealth Ombudsman.
SEMAS contributed to the following reports:
–L
isten to Children- Child Rights-2011, NGO Report to the
UN Committee on the Rights of the Child.
–A
report ‘The steps to family re-union’ by the Victoria Legal
Assistance Forum
–R
efugee Council of Australia’s submission on future
directions and current challenges in Australia’s Refugee
and Humanitarian Program.
Community Legal Education
SEMAS in partnership with New Hope Foundation held
information sessions on Refugee and Humanitarian Visas
for the Burmese Community and Afghan Community and
unaccompanied minors.
Appreciations
SEMAS wishes to acknowledge the support and assistance
extended to the program by Priscilla Jamieson, Catherine
Burnett, May Farah, Dana Krause and Krystyna Grinberg
and Emma Dunlevie. SEMAS also wishes to acknowledge
the invaluable contribution of our administration assistants
Nadia Di Battista and Trang Nguyen, Trang who has also been
a volunteer during the year. The program would also like to
thank our dedicated team of volunteers Dr. Jeanette Shopland
and Mitra Pirouzgar. The Program continues to benefit from
their assistance and expertise.
Springvale Monash Legal Service Inc. | Annual Report 2011
23
Student’s Perspective
Ali Besiroglu
In my penultimate year at law school I decided not to apply
for a clerkship and instead enrolled myself into the summer
clinical unit of Professional Practice at the Springvale Monash
Legal Service. As I reflect and compare my experiences to
that of my clerk friends, I can unequivocally say that clinical
legal education was well worth the opportunity cost.
The deficiencies of law school education started to surface
within my first week of client interviews. Whilst my lecturers
had taught me the substantive and procedural content of the
law, I was not taught how to manage the explosion of emotions
inextricably linked with clients who came into contact with the
justice system. I quickly realised that effective lawyering
required more than knowledge of the elements to assault
and promissory estoppel, but in fact required a high standard
of interpersonal skills and emotional intelligence.
Research suggests that a lack of emotional intelligence is
endemic within the Australian legal profession, and this is a
principal consideration as to why a third of Australian lawyers
suffer from depression and anxiety.1 Indeed, new lawyers are
expected to have deep level dealings with clients who have a
multitude of distressing problems without receiving any training
in interpersonal skills. Clinical legal education fills this void by
equipping students with emotional skills such as empathic
communication, and reflective practice so that ‘the more open
we are to our own emotions, the more skilled we will be in
reading feelings of others’.2
By far the most perplexing realisation was the paradox that
whilst law school had trained me to think like a lawyer, the
profession actually demanded that I think outside the legal
mindset. Working at a community legal centre taught me that
client legal issues are often the effect of greater underlying
non-legal causes, and by failing to address these underlying
causes, legal issues continue to surface. I learnt to appreciate
that when a client entered the interview room, I was presented
with the opportunity of holistic intervention and I was
encouraged to take the extra step of facilitating appointments
with other crucial services.
Any law student who believes that a clerkship alone is sufficient
practical training is missing out on an invaluable learning
opportunity. Clinical legal education at a community legal
centre will not only teach you the practicalities of lawyering,
but more importantly, will challenge your core values,
emotions, and motivations to create a grounded and stronger
professional self.
1
elk et al, Courting the Blues: Attitudes Towards Depression in Australian Law Students and Legal Practitioners (University of Sydney, 2009) <online> at 26 July
K
2011, or click here for summary.
2
J ames ‘Seeing Things As We Are. Emotional Intelligence and Clinical Legal Education’ (2005) 8 IJCLE 124; Goleman, Emotional Intelligence: Why It Can Matter
More Than IQ (1995) 96.
24
Volunteers
Program
Jason Saultry
The past year has seen a high demand for the evening
drop-in service. This has taken place in the face of a reduced
number of supervisors, meaning that the remaining supervisors
have had to work very hard to meet demand. Regardless,
they – along with our exceptionally dedicated receptionists
and caseworkers – have done another stellar job over the past
12 months.
A volunteer appreciation evening will be held in September.
It’s time to do away with the mental challenge of previous
evenings; no longer will there be a quiz. It’s now time to get
physical! As such, there will be a ten pin bowling night.
The outgoing volunteer coordinator will make a return to
say goodbye, and any volunteer rivalries can be worked
out in the lanes and gutters.
It’s been inspiring to watch the talented, committed volunteers
over the last three years. May the volunteer program continue
to prosper and serve the people of Springvale for many years
to come.
We welcome applications to volunteer as a receptionist,
case-worker or supervisor for the night sessions.
Likewise, we are able to receive applications to
become a volunteer SEMAS/SMLS/SECASA Joint
Legal Clinic caseworker. Volunteer applications are
welcome at anytime.
For more information, please contact the Coordinator
of Volunteers by emailing [email protected]
Springvale Monash Legal Service Inc. | Annual Report 2011
25
Lawyers Practice
Manual Victoria
This has been a very successful year for the LPM with sales
increasing. The Editorial Committee has seen some changes.
We are saddened by the loss of Sue Campbell as she was a
founding member of the LPM and has provided a great deal
of input over the years. Many of the committee meetings were
held in Sue’s home.
Sandy McCullough as the Editorial Coordinator has kept us
focused as we move forward. Current editors include Adrian
Evans, Mary Anne Noone, Mia Campbell, Rachel Jones,
Ross Hyams, Perry Wood, Rob Cortina, Paul McClure,
Bernard Welch and Helen Yandell. We bade farewell to
Judith Dickson who had contributed greatly over the years.
There have been numerous changes to laws so we have
been busy keeping the chapters up to date. We thank all
those contributors who do this work voluntarily.
The highlight for this year was the 25th anniversary of the
LPM, held at the offices of DLA Phillips Fox. A Q & A style
panel comprising of Sue Campbell, Simon Smith, Guy Powles
and Maureen Tehan were moderated by Neil Rees and told
the story of the LPM from its commencement to the current
day. Many of the contributors and editors over the years
attended and a great night was had by all.
26
Finances
Annette Di Battista
Springvale Monash Legal Service Inc. gratefully acknowledges the
following organisations for their funding during 2010–2011:
Springvale Monash Legal Service Inc. | Annual Report 2011
27
Springvale Monash Legal Service Inc.
Statement of Financial Performance
for the year ended 30 June 2011
Jul 2010 - Jun 2011
Jul 2009 - Jun 2010
Ordinary Income/Expense
Income
Community Leg Serv Proj Funding
Fundraising/Donations
Interest Received
LPM Royalties
Other Grants
497,631.00
544,364.33
1,041.62
2,612.74
27,016.66
21,318.75
71,661.25
56,812.25
458,277.69
356,798.30
SMLS/SECASA Costs Recovered
37,552.34
33,185.98
Sundry Income
10,180.47
16,126.87
1,103,361.03
1,031,219.22
Total Income
Expense
Capital Equip - Losses on Disposal
Client Disbursements
Communications
622.29
9,782.16
5,432.53
14,742.87
8,818.82
Editorial Work
39,020.69
40,289.34
Finance and Accounting Fees
14,976.64
7,449.49
2,893.94
2,919.74
Interpreters
Library Resources Subscriptions
Minor Equipment Purchase
180.00
299.00
13,328.89
12,490.88
3,272.95
3,438.95
Office Overheads
26,382.93
16,582.55
Other Premises Costs
60,914.61
36,694.09
Programming & Planning
1,202.14
2,613.18
Repairs and Maintenance
42,080.90
28,960.19
Staff Recruitment
1,178.14
360.00
Staff Training
8,856.95
4,708.43
809,723.94
765,596.06
5,142.55
3,461.34
Staffing Costs
Sundry Expenses
Travel
Total Expense
28
0.00
817.21
Depreciation Charge
Insurance
Net Income
2,815.02
978.52
1,281.88
1,058,291.05
942,018.76
45,069.98
89,200.46
Springvale Monash Legal Service Inc.
Statement of Financial Position
As of June 30, 2011
Jun 30, 2011
Jun 30, 2010
ASSETS
Current Assets
Chequing/Savings
NAB Business Cash Maximiser A/c
306,557.19
599,934.32
NAB Term Deposit 56-554-4179
500,000.00
5,000.00
Petty Cash
104.15
374.15
Petty Cash - S McCullough
100.00
100.00
SMLS Cheque A/C
3,546.04
822.39
0.00
3,989.00
810,307.38
610,219.86
Accounts Receivable
389.70
4,430.36
Other Current Assets - SMLS Trust A/C
165.43
205.01
810,862.51
614,855.23
-25,609.50
-74,289.62
28,038.00
77,975.60
2,428.50
3,685.98
-25,847.72
-14,571.83
SMLS Management A/C
Total Chequing/Savings
Total Current Assets
Fixed Assets
Office Furn. & Equip. - CLSP
Accumulated Depreciation
At Cost
Total Office Furn. & Equip. - CLSP
Office Furniture & Equip - SMLS
Accumulated Depreciation
At Cost
Total Office Furniture & Equip - SMLS
Total Fixed Assets
TOTAL ASSETS
84,671.48
51,462.39
58,823.76
36,890.56
61,252.26
40,576.54
872,114.77
655,431.77
16,589.24
13,033.54
629.16
191.95
LIABILITIES
Current Liabilities
Accounts Payable
Credit Cards - NAB Business Visa
Other Current Liabilities
Grants Received In Advance
Legal Services Board
Monash Uni
Total Grants Received In Advance
Net GST Collected
77,274.54
0.00
144,810.02
106,206.80
222,084.56
106,206.80
13,215.81
12,191.99
Payroll Clearing Accounts
PAYG
Superannuation
Total Payroll Clearing Accounts
7,986.33
9,577.32
10,632.17
11,477.71
18,618.50
21,055.03
Salary and Wage Accruals
Provision - Annual Leave
40,017.34
46,184.99
Provision - Long Service Leave
24,324.74
19,276.78
Provision - Maternity Leave
41,668.48
47,393.73
Provision - Sick Leave
25,000.00
25,000.00
Total Salary and Wage Accruals
131,010.56
137,855.50
Sundry Creditors and Accruals
Provision for Outreach
Provision Repairs & Maintenance
Total Sundry Creditors and Accruals
Total Other Current Liabilities
20,000.00
70,000.00
30,000.00
90,000.00
30,000.00
474,929.43
307,309.32
492,147.83
320,534.81
TOTAL LIABILITIES
492,147.83
320,534.81
NET ASSETS
379,966.94
334,896.96
334,896.96
245,696.50
45,069.98
89,200.46
379,966.94
334,896.96
Total Current Liabilities
EQUITY
Retained Earnings
Net Income
TOTAL EQUITY
Springvale Monash Legal Service Inc. | Annual Report 2011
29
Springvale Monash Legal Service Inc.
Statement of Cash Flows
As of 30 June 2011
Jun 30, 2011
Jun 30, 2010
1,071,786.45
851,500.93
143,411.68
127,763.36
Cash Flows from Operating Activities
Receipts from Grants
Receipts from Clients, Income Generating Activities and Other Receipts
Payments to Suppliers and Employees
Net Cash used in Operating Activities
(985,037.48)
(863,563.88)
230,160.65
115,700.41
Cash Flows from Investing Activities
Proceeds from Disposal of Property, Plant and Equipment
2,815.02
Payment for Property, Plant and Equipment
Net Cash used in Investing Activities
Cash Flows from Financing Activities
Increase (Decrease) in Loans
Net Cash provided by Financing Activities
-
(16,728.51)
29,372.99
(13,913.49)
29,372.99
-
-
-
-
Net increase in Cash Held
216,247.16
145,073.40
Cash at the Beginning of the Reporting Period
610,219.86
519,352.02
Cash at the End of the Reporting Period
826,467.02
664,425.42
Reconciliation Of Cash
Petty Cash Advance
Cash at Bank and on hand
204.15
474.15
810,103.23
609,745.71
810,307.38
610,219.86
45,069.98
89,200.46
Reconciliation of Net Cash used in Operating Activities to Operating Result
Operating Result
Loss (Profit) on Disposal of Assets
2,815.02
Depreciation
14,742.87
Decrease (Increase) in Trust A/c
(39.58)
8,818.82
23.02
Decrease (Increase) in Interest Accrued
-
-
Decrease (Increase) in Prepaid Expenses
-
-
Decrease (Increase) in Disbursements & Costs due
-
Decrease (Increase) in Sundry Debtors
(4,040.66)
Increase
on Hand
Increase (Decrease)
(Decrease) in
in Stock
Accounts
Payable, Creditors and
Accruals
-
Increase (Decrease) in Grants Received in Advance
Increase (Decrease) in Staff Leave Provisions
OFFICE FURNITURE & EQUIPMENT MOVEMENT:
Balance at 1 July 2010
(2,293.23)
-
62,580.20
28,287.83
115,877.76
(49,661.70)
230,160.65
115,700.41
(6,844.94)
Net Cash used in Operating Activities
41,325.21
CLSP
SMLS
TOTAL
40,576.54
3,685.98
36,890.56
Additions
0.00
38,233.61
38,233.61
Disposals
49,937.60
2,209.50
52,147.10
-49,937.60
-5,024.52
-54,962.12
-1,257.48
2,428.50
-13,485.39
58,823.76
-14,742.87
61,252.26
Write down in value of assets
Depreciation expense
Balance at 30 June 2011
30
-
Auditor’s Report
AUDITOR’S
REPORT
AUDITOR’S REPORT
The accompanying Financial Statements, comprising a Statement of Financial
Performance, Statement of Financial Position and Statement of Cash Flow of
SPRINGVALE MONASH LEGAL SERVICE INC. have been audited in
accordance with Australian Audit Standards.
In my opinion the financial statements present fairly with the financial position of
SPRINGVALE MONASH LEGAL SERVICE INC. at 30 June 2011 and the
results of its operations for the period ended on that date.
Signed…………………………………………
Date 4 October 2011
DONALD K ALKEMADE
Registered Company Auditor 8040
ALKEMADE & ASSOCIATES
Springvale Monash Legal Service Inc. | Annual Report 2011
31
Services Provided
Generalist Legal Advice and Support
Family Law and Child Support Advocacy
Civil Litigation Advocacy
Migration Advice and Support
Victims of Crime Assistance (Sexual Assault) Advocacy
Victims of Crime Assistance (Family Violence) Advocacy
Community Development
Community Legal Education
Advocacy for Law Reform
Reg: A0013997D
ABN 96 206 448 228
5 Osborne Avenue
Springvale VICTORIA 3171
(Mailing Address: PO Box 312 Springvale, VICTORIA 3171)
Telephone: (03) 9545 7400
Facsimile: (03) 9562 4534
Email: [email protected]
Website: www.smls.org.au
Hours of Operation
9:00am – 5:00pm Monday to Friday
6:00pm – 8:30pm Monday to Thursday
Client Intake Session
Appointment Only Session
1:30pm – 3:30pmFriday
Drop In Sessions
9:30am –12:30pmMonday, Tuesday, Wednesday, and Friday
6:00pm – 7:30pmMonday
7:00pm – 8:30pmTuesday, Wednesday, and Thursday
32
Snapshots of events
held in 2010–2011
Celebrating 100th Anniversary International Women’s Day March 2011
Jane Stanley, Executive
Officer of The Council
of Single Mothers and
Their Children (CSMC)
was our Guest Speaker
at this celebration.
Cultural Diversity Day Event March 2011
Prof Prac students,
Sophia and Winnie at
the SMLS stall at the
event. It was a joyous
and vibrant occasion
showcasing numerous
cultures’ traditions.
Law Week Celebration BBQ May 2011
Carolyn Stuart and
Margaret Austin fired
up the barbeque. The
event was thoroughly
enjoyed by all staff,
students, clients
and members of the
community.

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