ST KILDA LEGAL SERVICE CO-OP LIMITED - ANNUAL REPOR T 2015/16
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St Kilda Legal Service Co-op Limited Annual Report 2015/16
Acknowledgements This Annual Report covers the period 1 July 2015 – 30 June 2016. St. Kilda Legal Service (SKLS) acknowledges the Yalukit Wilam Clan of the Boon Wurrung as the traditional owners of the land on which SKLS operates. The catchment of SKLS includes the Cities of Port Phillip, Stonnington and Bayside. The City of Stonnington includes the traditional lands of both the Boon Wurrung and Woi Wurrung (the Wurundjeri Wilam clan of the Woi Wurrung). The traditional owners of the land in the City of Bayside are the Boon Wurrung. We pay respect to their elders past and present. SKLS also thanks those who contributed and assisted with the production of this report along with Albie Colvin Graphic Design. St Kilda Legal Service Co-op Ltd. ABN: 83 519 420 198 St Kilda Community Centre 161 Chapel Street. St Kilda, VIC 3182 st_kilda_vic@clc.net.au 03 9534 0777 | F 03 9525 5704 www.skls.org.au Opening Hours Days: Monday, Wednesday, Friday : 9.30am – 1.00pm and 2.00pm – 4.00pm Tuesday: 9.30am – 1.00pm Thursday: 1.00pm – 4.00pm Nights: Monday, Wednesday, Thursday 7.00pm – 9.00pm Legal assistance is via appointment. Appointments are available to those living in the Cities of Port Phillip, Stonnington and Bayside as well as residents of North Caulfield. Appointments can be made by contacting the Service during opening hours.
SKLS Annual Report 2015 - 2016
Contents
Introduction - pages 4 to 9 Legal Services, Law The Firearms Project Volunteers and Night
Report pg 20
We bring you the highlights Reform, Community Service - pages 24 to 27
from the last year, explain who Legal Education and Community Legal Education &
The great work of our
Law Reform and
we are and what we do. Collaboration - pages 10 to 23 Case Study pgs 22/23 volunteers.
We describe our legal services
Onsite interpreters are About St Kilda including our Drug Outreach Volunteer and Night Service
available when funds Legal Service pg 4 Program Report pg 24
permit, otherwise Program, Family Violence
telephone interpreters are
Who we are pg 5 Programs, Community Legal Renata Alexander - Forty Years of
used. Auslan interpreters
are available if required. Education Program and Law Volunteer Service pg 25
Chairperson’s Report pgs 6/7 Reform.
Thank you to our Volunteers pgs
Organisational structure... pg 8 26/27
Principal Lawyer’s Report
Statistics pg 9 and Case Study pgs10/11 Financials - pages 28 to 31
Update from Senior Lawyer How we are reviewed along
Jeni Lee and Case Study pg12
with records of our financial
Thank yous pg13 activities over the past year.
Collaborations pgs14/15
Financial statements pgs 28/31
The Drug Outreach
Program Report Our Location - back page
and Case Studies pgs 16/17
Where our office is located,
The Family Violence
what our opening hours are
Program Report
and Case Studies pgs 18/19 and how to contact us.
3
SKLS Annual Report 2015 - 2016
About St Kilda Legal Service...
The St Kilda Free Legal Vision Legal Services Family Violence
Service, as it was known at its and Firearms
The vision of the Service is a
inception, began informally Night Service SKLS can also provide
in 1971, but it wasn’t until society that provides equitable Legal assistance at the specialist legal advice and
1973 that the Service began access to the law and legal Night Service is provided by representation Victoria wide
to recruit volunteer solicitors. system and is committed to volunteer lawyers, paralegals to a person protected by a
At the first justice for all. and administrative support. FVIO where the perpetrator is
meeting on 4th April 1973. The night service operates applying for a firearm licence.
Mission Monday, Wednesday &
The Legal Service was part of Thursday 7.00pm – 9.00pm. Community Legal Education
the new St Kilda Community The Service aims to protect and Law Reform
Group that was set up to and promote the legal The Community Legal
Drug Outreach
provide welfare services to rights and interests of the Education/Law Reform
The Drug Outreach lawyer
the community. community, to assist and Lawyer empowers people to
provides an outreach service at a
empower individuals and access justice and engage
number of locations in the local
For 43 years St Kilda Legal groups who are disadvantaged with the legal system by
area. The Drug Outreach lawyer
Service has provided in their access to justice, and providing legal information
works closely with community
legal information, advice, through presentations, events
to contribute to the reform of workers in the drug and alcohol,
referrals, ongoing casework, and resources. The CLE/LR
laws and structural inequities mental health, housing, health
representation, community Lawyer also investigates areas
to achieve fair and just and sex work sectors.
legal education and of possible law reform, lobbies
consistently engages in law outcomes. Government and provides
Family Violence
reform activities. submissions on areas which
SKLS operates a duty lawyer
affect disadvantaged groups in
service for people engaging
our catchment.
in the Family Violence
Intervention Order (FVIO)
process each Tuesday and
Friday at the Moorabbin
Justice Centre.Our Family
Violence lawyer also provides
a family violence outreaches
within our catchment.
4
SKLS Annual Report 2015 - 2016
Who we are...
Members of the Board of Directors act in a voluntary
St Kilda Staff Sara Molenaar Marie Collard
capacity in managing staff, resources and finances of Drug Outreach Lawyer Bookkeeper
Philip Cottier Shanée Lia
the Service. Principal Lawyer & Practice Former Staff
Family Violence Lawyer Sharon Carr
Manager Jenny Sharp
The Board is responsible for ensuring that staff operate within a Pamela Taylor-Barnett
Jeni Lee Firearms Project Lawyer
safe workplace, that award conditions are in place, and that there Senior lawyer Amy Sampson
are the required policies and procedures at the Service. This all Suzan Gencay
Anthea Teakle Locums
helps to ensure the provision of accessible legal services to the Community Legal Education
Volunteer & Night Service Andrew Hale
& Law Reform Lawyer
community. Coordinator Sharon Carr
Henry Hunt
Suzy Fox Kon Tringas
It is the Board’s role to ensure the Service’s operations: Family Violence Program
Administration Manager Mehernaz (Menoz) Sadafi.
> reflect the core principles of CLCs; Administration Worker
> are legally & financially accountable;
> meet the requirements of the funders Service Agreements;
> are planned, developed, implemented and evaluated annually
through workplans.
Board of Directors
Adam Meyer - Chairperson
Greg Thompson- Treasurer
Kate Daddo- Secretary
Renata Alexander
Astrid Haban-Beer
Kerry Holmquest
Anthea Teakle- Staff Representative SKLS Board of Directors 2016 - From left to right: Anthea Teakle, Renata Alexander, Kerry Holmsquest, Astrid Haban-Beer,
Adam Meyer and Greg Thompson (Kate Daddo not pictured)
5
SKLS Annual Report 2015 - 2016
Chairperson’s report
This year has been a Our legal services The SKLS obtained funding The Legal Service has under- The Principal Solicitor, Philip
to commence a pilot Firearms taken a wide range of talks and Cottier and senior solicitor,
busy and challenging Much of the work of the SKLS Project within the Family Vio- presentations along with part- Jeni Lee, have been working
year and one of is at the intersection between lence Program. The Firearms ner organisations, a highlight- with the Board to improve
consolidation for the health and justice. Clients’ Project, which is a state-wide ing being writing and produc- night service procedures to
legal issues can arise from project, focuses on reducing ing a film, with the Gender ensure that each night service-
St Kilda Legal Service their health and social issues. the risks to persons protected Equality Steering Committee Mondays, Wednesdays and
(SKLS). Clients’ health and social under family violence inter- and Youthworx Productions on Thursdays- operate efficiently,
circumstances can also be ad- vention orders by restricting the topic of family violence. effectively and consistently
Highlights of the year versely affected by their legal perpetrators’ access to fire- across all three nights.
issues. Both of our specialist arms. the Firearms Project will The volume of work that our
The past year has seemed programs—the Drug Outreach provide specialist legal advice family violence lawyer under-
to pass quickly. During the Program and the Family Vio- and representation to persons takes is highlighted by our
year, the Board and staff have lence Program—provide legal protected by family violence statistics showing that the
focused on: services to clients experienc- intervention orders to oppose most common legal problems
ing significant health issues. perpetrators’ applications to experienced by our clients this
• introducing the Family Vio- year were family violence legal
reinstate firearms licences. The
lence Firearms Project; The Family Violence Program, issues. We are pleased that
Firearms Project is extended
which the SKLS has operated until March 2018. The SKLS this funding has enabled us to
• improving internal manage-
since 2009, is now funded to has employed Jenny Sharp to continue operating the Family
ment processes and proce-
June 2017, having obtained conduct the Firearms Project. Violence Program, given the
dures; and
funding in June 2015 for a high demand for legal assis-
• the extension and strength- period of 2 years. The Family The Drug Outreach Program tance in this area.
ening of the community legal Violence Program is now being is now operating from strength
conducted by Sara Molenaar to strength. Sara Molenaar and Our Night Service, like our
education and law reform
and Shanee Lia, who are job- Shanee Lia are job sharing in specialist programs, sees many
program.
sharing in Family Violence the Drug Outreach Lawyer role. clients who are experiencing
lawyer role. significant health or social
Our Community Legal Educa- issues. These include issues
tion and Law Reform programs related to drug or alcohol ad-
have strengthened under the diction, mental illness or home-
stewardship of Suzan Gencay. lessness.
6
SKLS Annual Report 2015 - 2016
Funding and Support Staff Thank you... Thank you, also, to my fellow Finally, we thank our funders
Board members—Greg Thomp- for their ongoing support and
SKLS’s primary source of After a period of staff turnover Thank you to our hard working son (Treasurer), Kate Daddo for specific grants received
funding continues to be from during 2014-2015, the new staff—Suzy Fox (Administra- (Secretary), Renata Alexander, during 2015-2016, in particular,
the State and Federal Attorney SKLS staff team have settled tion Manager); Philip Cottier Astrid Haban-Beer, Kerry Holm-
General’s Departments and • the Commonwealth and
into their roles and are go- (Principal Lawyer and Practice squest and Anthea Teakle (staff
Victoria Legal Aid (VLA) State Attorneys- General
ing from strength to strength Manager); Jeni Lee (Senior representative). Thank you also
VLA is responsible for departments
in their respective roles and Lawyer); Anthea Teakle (Volun- to Suzy Fox, our administration
administering the Funds and programs. teer Coordinator); Sara Mole- • Victoria Legal Aid;
manager, for the support that
the services provided. naar and Shanee Lia (Drug she provides the Board. • Victoria Law Foundation
Our legal staff now comprise Outreach Lawyers and Family • the Legal Services Board.
Commonwealth Commu- Sara Molenaar and Shanee Violence Lawyers); Jenny Sharp Thank you to the management • Department of Justice and
nity Legal Service Pro- Lia (Drug Outreach Lawyers (Firearms Project) and Suzan and staff of the Port Phillip Regulation
gram (CCLSP) and Family Violence Lawyers), Gencay (Community Legal Edu- Community Group (PPCG),
Jenny Sharp (Firearms Project) cation and Law Reform Lawyer). • the City of Port Phillip
with whom we are co-located
Commonwealth: $118,214 and Suzan Gencay (Commu- • the City of Stonnington
at the St Kilda Community
State: $329,682 nity Legal Education and Law Thank you to the locums Centre, for their support and
Reform lawyer). employed this year to cover Chairperson
assistance during this year. We
State (Family Violence Funding): staff absences: In particular, Adam Meyer
look forward to continuing our
$74,714 The Board is looking forward we thank Andrew Hale, Sharon co-operative working relation-
State Department of Justice Family to continuing to work with all Carr, Kon Tringas and Me- ship with the PPCG.
Violence Firearms Project : $57,391 of our staff. hernaz (Menoz) Sadafi.
City of Port Phillip Community Thank you also to all of our vol-
Grants, Senior Week Festival: unteers, without whom, running
$638 the legal service and conduct-
City of Stonnington Community ing the amount of casework
Grants, CLE Drive Safe Project: that we do across a wide range
$4459 of areas of law, would not be
possible.
Victoria Law Foundation:
$1078
7
SKLS Annual Report 2015 - 2016
Organisational Structure
St Kilda Legal Service Port Phillip Community Group
- Legal advice, - Community Information and Support Program, Financial
St Kilda information, development Counselling Program, Neighbourhood
Community referral and casework. - Drug Outreach Program Developement Program, Recreational Access
Centre - Legal education - Family Violence Groups, Education Program, Neighbourhood
- Law reform Program House Program
Volunteer Program Board of SKLS Staff
Directors - Principal Lawyer - Community Legal
Night Service: - Law Graduates Education and Law
Made up of community - Practice Manager
- Receptionist Day Service: Reform Lawyer
residents and workers, - Volunteers and Night
- Volunteer - Administative members of the legal Service Coordinator
Coordinator workers profession and other Legal - Administration
- Lawyers - Lawyers Service volunteers Assistance
- Students - Students - Drug Outreach Lawyer
- Family Violence Lawyer
Social Financial Professional Structural
Accountability Accountability Accountability Accountability
Community Funders: Professional Bodies: Consumer Affairs
- State/Cwth Govt Victoria Cooperative
- Legal Services Board
(Victoria Legal Aid CLC requirements
- Law Institute
Funding Program)
of Victoria
- Legal Services Board - Bar Council
8
SKLS Annual Report 2015 - 2016
Statistics
Advice & Casework
(Total clients 01/7/15 — Information and referral
349 clients appointmets1236
30/6/16) 39 %
61 % assistance was provided to
identified as having a
2686 people disability were provided through our
night service
Total Number of Clients 1441 2015-2016
2015-2016 2015-2016
New Clients 1076
no income 3 %
Repeat Clients 365 low low income 75%
income
med income 15%
Activities 79% high income 1%
Total advice activities 1206 n/a 6%
Top 10 Problem Types (as percentages)
Neighbour disputes 1.80%
Cases
Total cases open during 2.90%
18-34yrs 27%
period (open & new) 1059 35-49yrs 39%
Open at period start 145 50-64yrs 23%
Employment 3.80%
New (opened in period) 823
38 %
35-49yrs
65yrs+ 11%
Consumer complaints 3.90%
Still open at period end
(ongoing) 225
Child contact and residency 4.30%
Total cases closed during
the period 834
Minor cases closed 600
51 %
civil law
civil law 51%
family law 36%
Civil Debts 4.70%
criminal law 13%
Medium cases closed 201 Fines 12.90%
Major cases closed 33
Family Violence 20.50%
0 5 10 15 20
9
SKLS Annual Report 2015 - 2016
The Principal Lawyer’s Report
Our service has been Sharon Carr and is being worker and lawyer assisting the evolution and growth of
operating for 43 years and run by lawyer Jenny Sharp. clients through a holistic our service, advocated for
was established due to the Since its commencement we practice approach. our vulnerable clients and
local community’s particularly have begun sourcing clients, committed herself to the
Our Community Legal
disadvantaged groups. St promoting the service as well principles of social justice and
Education and Law Reform
Kilda Legal Service is a as creating community legal therapeutic practice.
program has changed
grassroots organisation education around the topic.
significantly over the last 12 Our Board of Directors
which was created to We are excited to see the ways
months with the completion has continued to serve the
empower marginalised and in which this project can assist
of most of our long running Service faithfully and are very
disadvantaged groups, some victims of family violence over
programs and the introduction supportive of the work that we
of which were unique to our the next 12 months.
of new and innovative projects. do.
catchment.
Our new Family Violence Over the last 12 months we
Finally, to our volunteers, the
What began as a two night Lawyer is committed to her have produced more valuable
foundation of our service,
a week legal advice service clients who are suffering in resources than ever before
thank you. Your time, your
staffed by volunteers has abusive relationships. In 2016 in response to legislative
passion and your commitment
grown into a small but our Family Violence Lawyer changes and client feedback.
are what makes community
innovative powerhouse. Over established a new outreach
Our night service, which was legal centres like ours
the last two years we have at the Salvation Army Family
the first program we ever ran, possible.
had some significant staff Violence program and
continues to faithfully service
changes. The new solicitors resumed our Family Life – St Kilda Legal Service is
our community by pairing
and programs have meant that Family Violence Outreach and will continue to embody
people with expert legal
SKLS have been strengthened both of which have been the commitment to our
assistance. Our Volunteer
and our commitment to social consistently booked out. community that led our
Coordinator, Anthea Teakle,
justice strengthened. creation in 1973 and we look
Our Drug Outreach program celebrated over 20 years
forward to empowering people
We have created first firearms has continued to assist some with our legal service and
to access to justice for many
and family violence program of the most vulnerable people has inspired hundreds of
years to come.
in the State; to assist victims in our community. Our Drug volunteers over her time with
of family violence when the Outreach presented on a panel us. Principal Lawyer
perpetrator is seeking to with Deputy Chief Magistrate Philip Cottier
Our Administration Manager,
have their firearm licence Popovic at our Breaking Down
Suzy Fox has continued to
reinstated. This program was Barriers Form and discussed
serve our Service and the
the brainchild of our previous Therapeutic Jurisprudence.
community faithfully for 29
Family Violence Lawyer – Our DOL is part activist, case
years. She has supported
10SKLS Annual Report 2015 - 2016
Case Study - The story of Anna
Anna was 60 year old woman who came to our service after not assaulted. We also made submissions that Anna was
being assaulted by a client when she was working as a sex indecently assaulted. The Victims of Crime Tribunal accepted
worker in St Kilda. One evening Anna was working on a well- Anna’s application on the basis that she was a victim of the
known corner of St Kilda for street sex workers. assault.
A man picked her up and they briefly discussed her services A hearing was scheduled to consider the issue of whether Anna
and fees. Anna agreed to oral and penetrative intercourse with was the victim of an assault or indecent assault and pro bono
the client. barrister representation was organised for Anna. Before the
hearing Anna decided that she did not want to continue with
The client took Anna to his home where, after they engaged in the indecent assault application because of the stress involved
intercourse, he proceeded to strangle her. Anna was terrified and accepted compensation on the basis that she was the
that she was going to be killed and left as soon as possible victim of an assault.
without being paid.
Anna reported the assault to Victoria Police, worried that
This case highlights the bias that can occur towards sex
he might attack other workers. The Police investigated the
workers and St Kilda Legal Service’s determination to stand up
incident but ultimately declined to charge the client. Victoria
for the sex work community.
Police concluded that the assault took place, but it was not
unlawful because Anna consented to the strangulation as a sex Please note: A short time after assisting Anna another sex
worker and it was a part of the services provided. worker was attacked by the same client and strangled. In the
process of assisting them we subsequently uncovered that this
In her statement to Police Anna clearly did not consent to the
client was eventually charged for these crimes after becoming
assault and only agreed to have intercourse with the client.
a repeat offender.
Anna was very traumatised by this experience and was unable
to continue working as a sex worker. She engaged with local *Anna’s name has been changed and permission given to
support services, which referred her to us for legal assistance. publish an adaption of her story.
Despite charges not being laid, our service pursued a Victims
of Crime Application on behalf of Anna. We made submissions
that the Police erred in their findings and that Anna was
11SKLS Annual Report 2015 - 2016
Update from Senior Lawyer - Jeni Lee
“If you have a fall just St Kilda Legal Service has delivery of these talks,
Case Study
over the past year been four similar talks were
lay there and die. Don’t active in the area of elder delivered to residents of
call the ambulance
- The story of Margaret
law. This past year has Stonnington. Each session
been significant in the was attended by twenty
they will treat you and legislative change being people with people on the
your life will be terrible passed through parliament waiting list for each session.
afterwards” effecting older members Participants at the talks Margaret was an older woman who attended a session run
of the community. St Kilda were encouraged to make by SKLS as part of the community legal education program
- Statement made by a has submitted responses a submission on their own addressing the legal needs of older people living in Port
participant at an elder law to the review of End of behalf to the parliamentary Phillip. The subject for discussion was “end of life decision
talk presented by St Kilda Life Decision Making and inquiry into ‘Burial Rites” making’ and the issue of when to instruct your appointed
Legal Service.
to the Royal Commission the objective of which was decision maker to intervene in medical decision making
of Family Violence in to amend the Wills act to
prompted the above response. Margaret was concerned
relation to elder abuse give authority to a party to
and it is pleasing to see be responsible for the burial because she had just visited a friend in care and was
that the Government is of the testator. Community anxious at the level of distress being experienced by her
implementing some of the education is an important friend. Margaret’s comment prompted a lively discussion
recommendation made part of the work of SKLS amongst the participants led by the solicitor from SKLS,
about elder abuse in the and the needs of the older as to the importance of having a legal decision maker
community. A submission members of the community appointed and also having a well thought through and
was also made in relation are now an integrated part documented list of preferences for medical interventions
to the amendments to the of the community work when experiencing illness at end of life and when the person
Powers of Attorney Act 2014 undertaken at SKLS. was not able to make decisions on their own behalf. The
(the Act) as there had been
concerns as to the effective Senior Lawyer importance of having this conversation with the family was
implementation of the Act Jeni Lee highlighted as was the importance of appointing a trusted
person who could be relied upon to carry out the person’s
The usual seniors’ week wishes. The session finished with all the participants
talks were given in October contributing to Margaret feeling that she now had control of
2015 to residents of Port the situation and was comfortable in writing her end of life
Phillip, with the usual wishes and appointing a trusted person to carry out those
good attendance. Because
wishes.
of the long history of
association of SKLS in the
12SKLS Annual Report 2015 - 2016
St Kilda Legal Service would
like to thank the following
organisations who we’ve worked
with in the past 12 months...
ACGD Design Inner South Community Victoria
Alfred Health Health SouthPort Community Legal
Bentleigh Bayside JobWatch Service
Community Health Judicial College of Victoria St Kilda Gatehouse
City of Bayside Justice Connect St Kilda News
City of Melbourne K&L Gates St Kilda Police and Citizens
City of Port Phillip Launch Housing Youth Club
City of Stonnington Law Institute of Victoria Styled by Sok Photography
Connections UnitingCare Monash Health Victoria Law Foundation
Consumer Action Law New Hope Foundation Victoria Legal Aid
Centre Office of the Public Advocate Victorian Equal Opportunity
Deakin University and Human Rights
Port Phillip Community
Commission
Department of Justice and Group
Regulation Villamanta Disability Rights
Refugee Legal
Legal Service Inc
Disability Discrimination Reinforce Self Advocacy
Legal Service Vixen Collective
Group
Dispute Settlement Centre of WEst Justice
Resourcing health &
Victoria EDucation (RhED) Windana Drug & Alcohol
Emerge Recovery
Sacred Heart
Family Life Women’s Health in the South
Safe Steps
East (WHISE)
Federation of Community Salvation Army
Legal Centres YouthLaw
Scarlet Alliance
Fitzroy Legal Service YouthWorx Media/
Social Security Rights Productions
Information Access Group
13SKLS Annual Report 2015 - 2016
Collaborations...
Sharing premises assistance at: the Family Life, Equity Forum in May 2015. In partnership with the Port Human Rights Working Group
Salvation Army Crisis Centre Phillip Community Group
St Kilda Legal Service St Kilda Legal Service is
St Kilda Legal Service (SKLS) is and the Moorabbin Justice we held a National Sorry
partnered with the City of working with Victoria Legal
co-located with the Port Phillip Centre (duty lawyer service). Day event which included an
Stonnington to hold the Aid and JobWatch though
Community Group at the St unveiling of a commissioned
Partnerships to raise Breaking Down Barriers the sex worker consultation
Kilda Community Centre. Co- artwork by Wirangu man
awareness and engage Forum: Empowering your to better provide services and
location provides us with many with Community Ben McKeown, a Welcome to
Clients with a Disability education for the community.
benefits, such as partnering for Country from Aunty Carolyn
SKLS is a member of the to Access Justice. Speaker
community projects, sharing Briggs, Elder and Chair of the St Kilda Legal Service
Walk Against Family Violence organisations included
costs and expertise, and Boon Wurrung Foundation’d partnered with Fitzroy Legal
organising Committee and Fertility Films, Victoria Legal
especially having our reception/ grsndson, and a traditional Service to deliver the St Kilda
Bayside Family Violence Aid, Reinforce Self-Advocacy
appointments done by PPCG Smoking Ceremony. Community Workers Forum.
Network. Group, Melbourne University,
staff and volunteers. Lawyers from both SKLS and
Information Access Group, In partnership with the St
We have partnered with FLS presented on various
The Drop-In Centre (now part of Office of the Public Advocate, Kilda Police Citizens and Youth
Emerge and the City of Port legal issues which relate to
Prahran Mission) is also located Villamanta Disability Rights Club to provide community
Phillip to deliver a family community workers including
on the St. Kilda Community Legal Service, Victoria legal education about “Graffer”
violence training program in infringements, victims
Centre site. Police, AED Legal Centre, (Graffiti) Law and Police
2017. of crime, family violence
Improving Access Magistrates Court of Victoria, Powers. intervention orders, tenancy
with Legal Outreach St Kilda Legal Service is Disability Discrimination
and family violence. St Kilda
also a meber of the Gender Legal Service and Victorian Working with other CLCs
The Drug Outreach Program Legal Service also drafted a
Equity Steering Committee Equal Opportunity and Human
provides legal assistance at: SKLS staff have once again chapter in the Law Handbook
(which includes City Of Port Rights Commission.
Launch Housing (previously been involved in Federation 2017 on Sex Work.
Phillip , City of Stonnington, St Kilda Legal Service is
known as Hanover), The of Community Legal Centre St Kilda Leagl Service,
Women’s Health in the South working with Resourcing
RhED Program of Inner Working Groups: Refugee Legal and WEst
East and Bentleigh Bayside health & EDucation (RhED)
South Community Health Justice partnered to deliver
Community Health). Together and the Vixen Collective to Community Legal Education
(ISCH), Sacred Heart Mission, aseries of sessions on
the Committee produced conduct consultation with the and Community Development
Windana and the Melbourne migration with th New Hope
the Youth in Action - Family sex work community to better Working Group;
Magistrates Court Sex Worker Foundation.
Violence Film and the Take the understand their legal needs
List. The Family Violence Infringements Working
Relationship Quiz resource. and engage in law reform.
Lawyer provides legal Group;
They also held the Gender
14SKLS Annual Report 2015 - 2016
Improving access Partnership of legal service This work has informed
to Legal Information providers which aims to the focus and direction of
provide collaborative, co- SERLAN activities over the
SKLS with New Hope
ordinated and client focused next 12 months. SERLAN
Foundation and the City of legal services in the South
Port Phillip delivered driver will be officially launched
East region. at a forum for government
education sessions for newly
arrived migrants. SKLS is an active member and community agencies
of SERLAN (South Eastern in November which will
SKLS delivered a session as Regional Legal Assistance provide an opportunity for
part of the City of Port Phillip Network) along with our Network to present an
Seniors’ Week in partnership Peninsula CLC, Springvale- overview of the findings
with Alfred Health on Advance Monash CLC, Casey- of the legal needs analysis
Care Planning. Cardinia CLC, Monash and the proposed aims of
St Kilda Legal Service has Oakleigh CLC and the VLA the Network in delivering
provided community legal Frankston and Dandenong collaborative and co-
education to community offices. ordinated client focused
workers and/or clients for legal services in the
Work has been undertaken
several organisations including South East region. The
by SERLAN in analysing
the Salvation Army, Sacred forum will also provide
the findings of the South
Heart and Launch Housing. networking opportunities
East Legal Needs Analysis
for participants and a
St Kilda Legal Service has project undertaken by
professional development
also published a range of new the network along with
session designed for
resources including the My service mapping and
frontline workers
Care Card (in partnership with identifying major “hotspots”
advocating on behalf of
Alfred Health), the Revenge of disadvantage in the
clients.
Porn Resource and the Graffiti South East Region and the
Insider Info factsheet. findings of the community
agency stakeholder surveys
collated and documented.
15SKLS Annual Report 2015 - 2016
The drug outreach program
Our Drug Outreach Lawyer (DOL) program is an outreach-based service that provides invaluable
assistance to some of the most disadvantaged and vulnerable people in our community.
The program is targeted Homeless Outreach Psychiatric a strong focus on community challenges and difficulties that
towards providing legal Service, Bayside Financial legal education and information the justice system poses to
advice and assistance to three Counselling Service, and the sharing sessions. Our goals people with disabilities, as well
main client groups – people PHaMs and J2SI programs. include discussing client rights as some of the mechanisms our
58% 42% with substance dependency with target audiences and program employs to address
This year, we were surprised to
issues, people with a disability support workers. In line with these.
see that the majority of clients
(predominantly, a mental this, we have implemented
sought assistance in relation to Finally, we had the privilege
illness) and people who are and maintained monthly
civil law matters. Historically, of addressing colleagues at
18-34yrs 23 experiencing (or are at risk of) information sessions for clients
%
35-49yrs 46% the DOL program has had a the National Association of
homelessness. and staff at Sacred Heart
50-64yrs 23% focus on criminal matters, as Community Legal Centre’s
46 %
35-49yrs
65yrs+ 8% This service is provided in this is most commonly the
Women’s House and Launch
Southbank. These sessions have
annual conference in
conjunction with outreach type of legal issues that our August 2015. Our DOL Sara
been well-attended and we have
partners, case managers, target client groups encounter. Molenaar and our former
used suggestions for future
support workers, nurses, However, almost 60% of clients CLE Lawyer Pamela Taylor-
topics from attendees to ensure
housing workers and AOD sought assistance in relation to Barnett partnered with RhED
family 15% that the sessions are relevant
counsellors, among many such matters as infringements (Resourcing Health and
crime 26% and interesting.
others. (which was by far the most Education in the Sex Industry)
59 % civil 59%
common legal issue clients We also aim to extend our to co-present an informed and
civil Our DOL attends at the
presented with), consumer education and information informative seminar centred
following outreach locations
complaints, debt, tenancy sessions to the broader public. on the discrimination and
weekly in order to provide legal
and VOCAT matters. Due For this reason, we were excited stigma experienced by sex
Advice & Casework assistance: Windana Drug
to this increased in demand, to be asked to contribute to workers, focusing on how front
(Total clients 01/7/15 — 30/6/16) Withdrawal House; Sacred
our lawyers have been able to the ‘Breaking Down Barriers’ line workers (including our
Total number of clients: 287 Heart Women’s House; Sacred
expand their skills and develop forum that SKLS hosted in lawyers) use education and peer
Advices provided: 246 Heart Central; Launch Housing
strong practices in relation conjunction with the City of networks to share stories, build
Southbank; and RhED (program
New cases opened: 149 to Special Circumstances Stonnington. Our lawyer, Sara rapport and ultimately embark
of Inner South Community
Court representations: 127 applications and VOCAT Molenaar, presented alongside on a journey that is safe and
Health Service.)
Client demographics matters. Her Honour, Deputy Chief sensitive for some of the most
Magistrate Jelena Popovic vulnerable people in society.
Receipt Centrelink benefits90.7% We also work with other service Consistent with the priorities of
and spoke to lawyers, support
Have a disability (any) 58.4% providers, and accept direct a community legal centre, our
workers and community Sara Molenaar
Psychological disability 43.8% referrals from organisations DOL program also maintains
members about some of the Drug Outreach Program Lawyer
such as Alfred Health’s
16SKLS Annual Report 2015 - 2016
Case Studies
The Story of Hayley sought to have Hayley’s matters The Story of Jill substance use, her relationship successfully demonstrate to
listed before the same Magistrate with the father of her child had the Court using this material
When Hayley first presented Jill has been an ongoing
who had sentenced Hayley in deteriorated, resulting in her that Jill’s recent slip in her
at SKLS, she was four months client of SKLS since 2007. We
ARC. The Registrar agreed experiencing severe family continued good behavior could
pregnant and heavily medicated assisted her with a number of
that this was appropriate in the violence. be explained by the recent
to manage her schizophrenia. We criminal matters between 2007
circumstances. trauma she had suffered. The
assisted her throughout 2015 to and 2011. In dealing with her SKLS were able to assist Jill
Magistrate agreed that Jill
deal with a number of criminal On the day of Court, the criminal matters, Jill became by providing her with family
had made significant progress
charges through the Assessment Magistrate confirmed that she connected with a number of law advice and linking her in
since last appearing before the
and Referral Court (ARC). These remembered Hayley from ARC support services to address long with a family lawyer who could
Court and was persuaded that
were resolved in July 2015. and seemed genuinely pleased to standing mental health and represent her with her parenting
her poor decision making at the
see that she was progressing well. substance addition issues. Since matter.
Hayley was required to seek time of offending was somewhat
When advised that the charge that time Jill has significantly
our assistance again after she SKLS further assisted her explained by her particular
before the Court occurred prior to progressed in making positive
was arrested on an outstanding to obtain a Family Violence circumstances at the time. The
Hayley’s engagement with ARC, life changes, including
warrant in relation to a Intervention Order at the Magistrate agreed that it was
Her Honour had no difficulties continuing to abstain from illicit
shoplifting charge from 2012. Moorabbin Justice Centre to more important to impose a
in dismissing the matter in its substance use and engaging
Given that Hayley had spent a protect her from further abuse sanction that encouraged Jill
entirety. with regular ongoing case
number of months attending and family violence. to continue to engage with her
management to treat mental
ARC, it was difficult for her to This matter was a great support services. This resulted in
health issues. In relation to her criminal
understand why this matter opportunity for SKLS, the Court a very pleasing outcome for both
matters, we continued to
hadn’t already been dealt with. and others involved in Hayley’s However in 2016 Jill was Jill and our lawyers.
liaise with Jill’s supports,
She was adamant that the original matters to see how ARC referred to SKLS for assistance
including psychological and Jill’s case demonstrates that our
charge should be withdrawn and can have lasting impacts on regarding family law and family
case management, as well as clients often present with a range
instructed that the Police had told clients’ lives. Hayley has become violence issues. Unfortunately
police to obtain material that of complex issues in which we
her it would be. a bubbly and friendly person, Jill also had new serious
demonstrated that her recent are able to utilise our assistance
with a healthy daughter she is criminal charges that required
We spoke to the informant, offending was informed by the across a number of areas of law
devoted to. She is now compliant our assistance.
who advised that she wasn’t violence she had experienced. to obtain great results.
with her medication and no
prepared to withdraw the charge While Jill had continued When the matter was heard in
longer feels like she needs to use
just because of its age. We then to prosper as a healthy new the Melbourne Magistrates’
illicit substances to self-medicate.
spoke to the ARC Registrar and mother and abstain from illicit Court, we were able to
17SKLS Annual Report 2015 - 2016
The family violence program impact for
The Release of the Royal Commission into Family Violence Report in late March 2016 brought to light what has been
apparent to our Family Violence (FV) lawyers for many years: family violence is a national disaster in this country and it
390
only continues to get worse. children
The
family violence SKLS made two submissions Magistrates. Family Violence Magistrate, the overarching impact will be
lawyer assisted to the Royal Commission, availability of Court-ordered Men’s accessed as time goes on.
301 clients each highlighting many of the
However, this limited form of
assistance means that we are
Behaviour Change programs,
In addition to our duty lawyer
with 486 court issues that our clients regularly and access to specialised family
unable to assist in many other services, our FV program has able
representations present with. The first focused on violence support workers has
aspects, including with the to recommence outreach clinic
intervention orders and the Court allowed the Moorabbin Justice
provision of further and better appointments in January 2016.
application process, emphasising Centre to operate in a similar
particulars prior to a contested We now attend each fortnight at
systematic difficulties and fashion to one of the specialised
hearing. While we have been able Family Life in Cheltenham and
discussing at length how the Family Violence Courts.
to use our discretion to provide this Salvation Army in St Kilda to
gendered nature of family violence
type of assistance, the amount of Fast tracking of family violence- provide advice and assistance
is not appreciated through
23 % work involved has required us to related criminal offences was to women experiencing family
77%
application of the current Family
limit this assistance to a very small also introduced to Moorabbin violence. The type of assistance
Violence Protection Act. Our
number of our most vulnerable Court in May. This ensures that that we have been able to
second submission focused on
clients. As there is no funding perpetrators of family violence are provide relate to applications
elder abuse and the difficulties
18-25yrs 9% available to assist in relation to this brought before the Court quickly for intervention orders and
26-35yrs 20.3% experienced by the aged
preparatory work, most clients are in relation to both the intervention applications to vary or extend
36-50yrs 51.3% community when dealing with
51-65yrs 13.6% required to complete their further order application and the criminal intervention orders, as well as
family violence.
5146%%
35-49yrs
Over 65yrs 5.8% and better particulars with no charges, with both matters preliminary family law parenting
36-50yrs Our FV program is currently assistance, leaving them feeling running alongside each other. advice. These appointments have
only funded at 0.7EFT. This disadvantaged and unprepared for Offenders who wish to contest an been well attended and we would
allows our lawyers to provide the final hearing. intervention order application can like to thank our partners for their
Advice & Casework duty lawyer assistance to people no longer rely on delays in listing support of our program.
(Total clients 01/7/15 — 30/6/16) The number of family violence
appearing in the family violence criminal matters to further extend
Total number of clients intervention order applications
intervention order list twice a week the date of the contested IVO Shanée Lia
at Court: 301 heard at Moorabbin Justice Centre
at Moorabbin Justice Centre. We proceedings. While this process Family Violence Program Lawyer
Advices provided: 25 has consistently exceeded 80
New cases opened: 333 predominantly assist applicants has been seen as beneficial to
matters per week, heard over two
Court representations: 486 and affected family members to affected family members, it no
days. This includes applications
At Outreach obtain protection from violent doubt will place additional stress
brought by members of Police,
Total number of clients: 30 perpetrators, by advocating on the Court system, including
as well as applications to extend
Advices provided 24 on their behalf to Police, Court on Police, registrars, Magistrates
existing intervention orders.
New cases opened: 12 officers, other lawyers and and on our duty lawyers. Its
The appointment of a leading
18SKLS Annual Report 2015 - 2016
“Thanks so much,
you’re amazing and I’m
so grateful to have had Case Studies
you help me through
all of this! Very happy The Story of Penelope be vigorously contesting the The Story of Matilda Nikki reported that
with the result and I application. Penelope was Andrew was upset and
can finally move on!” Penelope was referred to our Nikki was referred to our
ordered by the Court to provide embarrassed after being
FV program through the duty FV program through her
further material in support of prevented from going
Client of the family violence lawyer lawyer service at Moorabbin support worker at Family
her application before the next on his school trip. At
Justice Centre. She had Life. Nikki had separated
hearing. his request, Patrick had
recently separated from her from her abusive partner
partner Stuart, with whom she Due to Stuart’s continuous provided written consent
Patrick over ten years
“Thank you for being had three young daughters. behaviour, we agreed to assist ago but continued to feel
to any future trips.
there for me during Shortly after separation,
Penelope to gather, collate and intimidated by him. We explained to Nikki
my journey in Court Stuart was charged with child
summarise her supporting that this was insufficient
for the extension of pornography offences. On the
material. We were able to Nikki and Patrick had a
to allow Andrew to
my IVO. You have advice of Police and DHHS,
provide the Court and Stuart’s son Andrew who was now
travel overseas; a further
displayed care, support Penelope refused to allow him
lawyers with pages of text 16 years old. Family Law
order of the Court was
and understanding… to spend unsupervised time
messages, emails, twitter posts Act parenting orders had
necessary. We assisted
Thank you, all of this with their daughters. This
and Police reports that showed been made in relation to
Nikki by drafting an
means so much in enraged Stuart and he began
Stuart’s ongoing violent Andrew in 2006. These
Application for Consent
a world that really to berate Penelope for not
behaviour. Upon receipt of orders included an
Orders and liaising
doesn’t appreciate how supporting him. He inundated
this material, Stuart’s lawyers Airport Watchlist Order,
with Patrick regarding
it feels to be the victim her with hourly text messages,
contacted us to advise that he which prevented Andrew
the need to submit this
of domestic violence.” emails and phone calls which
would be consenting to a final from leaving Australia.
application. This was filed
intervention order at the next Nikki sought our with the Federal Circuit
were abusive, threatening,
Client of the family violence lawyer hearing. assistance because Court and the Airport
controlling and emotional
manipulatively. By being able to assist Andrew had been Watchlist Order was
Penelope to provide strong stopped at the airport on discharged.
Penelope applied to the
“Thank you to you Magistrates’ Court for an
evidence in support of her his way to a school trip
By assisting in this way,
and the rest of your intervention order to stop this
intervention order application, to New Zealand. Nikki
we were able to ensure
amazing team for your behaviour. At the hearing,
we were able to ensure that she had forgotten about the
that the best result
incredibly professional Stuart was adamant that he
and her daughters received Airport Watchlist Order,
for Nikki and Andrew
and supportive efforts had done nothing wrong,
the protection they required as neither she nor Patrick
was achieved, without
and legal assistance. I despite having breached the
without needing to go through were complying with
requiring Nikki to have
am eternally grateful interim order multiple times,
the stress of giving evidence at the parenting orders
direct contact with
to you all.” and indicated that he would
a contested hearing. anymore.
Patrick who she was still
frightened of.
Client of the family violence lawyer
19SKLS Annual Report 2015 - 2016
The firearms project
The St Kilda Legal Service > Community Legal Centres, for the protected person Firearms Project offers
Firearms Project arose > Community organisations, and most Community Legal advice and representation
Services are not resourced to to respondents to s189
from the initiative of a > Family Violence Support
run contested hearings. This applications across Victoria.
Sharon Carr, our former Services; and
leaves the protected person
Family Violence Lawyer. > the Magistrates Court. The firearms project
with the option to employ a
encapsulates; legal advice and
Sharon saw an unmet need SKLS produced a project
private lawyer (if they can
representation to respondents “... as Victoria Police
and applied for a funding afford this) to take no action, pointed out, the high
flier containing important to s189 applications across
grant from the Department of or, to self represent.
information for state wide Victoria; community legal prevalence of firearms
Justice and Regulation. distribution. “I have spoken with education; and law reform. in such communities
We were successful in our Unless a final FVIO includes a respondent to a Thanks to our relationships increases the risk of
application and funding was a clause cancelling the s189 application, who with stakeholders we are serious family violence”
provided for one year. respondent’s firearms licence, represented herself, which in the process of recruiting Royal Commission into Family
will only suspend the licence clients for the project and Violence (Victoria) - Report and
The Firearms Project was meant she was cross Reccomendations Volume 5
created to assist victims of for three months. look forward to advocating for
examined, she found victims of family violence in s
family violence in Victoria The perpetrator must make the whole process to be 189 application hearings in the
when a final Family Violence their s189 application in this
Intervention Order (FVIO) has extremely traumatic.” near future.
period or their firearms licence
been made and the respondent will be cancelled for five years. Many protected people do It culminates with a major
“prohibited person” applies not oppose unless the police report to the Department of
under s189 of the Firearms The s189 application may be
oppose on their behalf. The Justice and Regulation.
Act 1996 to be deemed a opposed by the protected
FVIO process is onerous and
non-prohibited person so that person (our client), who then
can re traumatise the victim. Jenny Sharp
they can retain their firearms becomes the respondent.
The s189 application Family Violence Program
licence and firearms. Whilst the Police often oppose Lawyer
compounds the trauma further
I took on the Project in May on behalf of the protected
for the victim of family violence
2016 and have since made person, this is not always the
and can often require attending
contact with the major case.
two to four further hearings.
stakeholders including: Currently Victoria Legal Aid
St Kilda Legal Service
> Victoria Police, do not provide representation
20SKLS Annual Report 2015 - 2016
SKLS Lawyers with Magistrate Popovic at the Breaking Down Barriers Forum 2016.
21SKLS Annual Report 2015 - 2016
Community Legal Education & Law Reform
Community legal education (CLE) equips people with the awareness, knowledge and skills needed to understand,
engage with or resolve legal problems they encounter. St Kilda Legal Service has a strong history of providing
community legal education as part of its core services to the public.
SKLS has produced innovative held a number of successful Self Advocacy Group. 90% of CLE presentations at a range Lawyer were guests on the Done
programs and resources in the events over the past 12 months, attendees said they would come of community organisations by Law Radio Program on 4
last 12 months. In December including: again and recommend the event and continue to implement peer October 2016.
2015 we released the Youth in to a friend. education initiatives.
The 7th Annual Walk Against By commiting to community
Action – Family Violence Film
Family Violence which was held On National Sorry Day we We have continued to legal education and law reform
which has been viewed over
on the 25th of November 2015. unveiled original artwork collaborate with organisations; SKLS commit themselves to
3000 times. The film was created
SKLS is a founding partner of from artist Ben Mckeown, a such as the Vixen Collective and improving the way people
by the Gender Equity Steering
the Walk, which is a community Descendant of the Wirangu RhED to provide legal education understand and engage with the
Committee (of which SKLS is a
initiative to raise awareness of Language Group in our Service’s and engage in law reform for law and legal system and not just
member) in response to feedback
family violence and the impact it foyer. In partnership with the sex workers. We are currently working within it.
received from the Gender Equity
has on the community. Our staff Port Phillip Community Group running a consultation to better
Forum that we held in early Suzan Gencay
and volunteers were actively we held a Welcome to Country understand the legal needs to
2015. Through this forum, it was Community Legal
involved in planning and and Smoking Ceremony to sex workers in our catchment
identified that more education Education&Law Reform Program
participating in the march. The commemorate the day. and are eager to produce new
was needed for young people to Lawyer
event was featured on national resources in 2017.
recognise instances of family During the year we have
news programs.
violence and raise awareness. presented community legal In the past year St Kilda News
The film features three situations We held the “Breaking Down education to a number of (our local community paper) has
that young people may not Barriers Forum: Empowering different groups, organisations begun publishing a community
typically recognise as family people with a disability to access and networks. We presented legal education column each In the last 12 months
violence We also released the justice” in partnership with the sessions for the Seniors Festival month on a current legal issue the CLE&LR Lawyer:
Relationship Quiz shortly after City of Stonnington. This event 2015, spoke at four Table affecting residents in our Held 6 volunteer events and
which enables young people to was in response to the lack of Talks events for the City of catchment. training sessions,
better analyse the behaviour of education for professionals (like Stonnington and presented the Created 7 resources,
The CLE&LR Lawyer also
their partners and determine lawyers, social and community final sessions for the Driver Delivered over 20 presentations
undertook a number of law
if there is family violence workers) about the barriers Education Program for newly Attended over 70 meetings with
reform activities including
occurring. people with a disability face arrived migrants. We also stakeholders, community groups,
writing submissions for the
when trying to access justice. presented a session at the St government, local council and
We also produced the Revenge Access to Justice Review and
Speakers included Deputy Chief Kilda Police and Youth Citizen’s partner organisations.
Porn factsheet – the first of its the consultation for the new Sex
Magistrate Popovic, Office of the Club on graffiti and police
kind for adults in the state of Work Regulations.
Public Advocate Principal Legal powers.
Victoria.
Officer Phil Grano and Susan Jenny Sharp (Firearms Project
We’ve also provided several
St Kilda Legal Service has Arthur - President of Reinforce Lawyer) and the CLE&LR
22SKLS Annual Report 2015 - 2016
Case Study
SKLS identified that there were two Victorian cases, Harris
and Hakopian, which created a common law precedent
that allowed a rape victim’s sexual experience to be
relevant to sentencing an offender, only if the victim was a
sex worker.
These cases are listed in two topics in the Judicial College:
Sentencing Manual. The Victorian Sentencing Manual
provides a practical and up-to-date guide to sentencing
in all Victorian jurisdictions. We conducted over six
months of research and analysis on the issue and made
a successful application through Justice Connect for
barrister advice.
We made submissions to the Judicial College that the
sections in the Sentencing Manual should be amended as
neither case could be considered good law due to the lack
of application over the last 20 years and the significant
detriment caused should these precedents be followed.
The Director agreed with our submissions and the two
sections which specifically address these sections were
amended on the 14th of October 2016.
The new topic - Victim is a Sex Worker states:
“The Court of Appeal has recognised that the
mere fact a victim of a sexual offence was a sex
worker will, of itself, have no effect on sentence.
Rather, what is relevant are the consequences of
the offence for a particular victim.”
“Thank you for all the hard work
SKLS do for the Victorian sex work
community.”
- Victorian Sex Worker
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