WORKING WITH CALD COMMUNITIES & DEALING WITH THE LAW
Introduction
Some Common Issues Arising
The Role of Non Legal & Legal Workers
A Closer Look at Some Specific Areas of Law
Family
Centrelink
Infringement & Driving Offences
Contracts
Criminal Matters
Migration
Introduction
Legal Practice (Duty Lawyer NJC, Criminal & Family Lawyer, Lawyer dealing with Infringement matters, & Drug Outreach Lawyer)
Social Action Team (Advocacy, Legal Projects & Community Legal Education)
Free Legal Night Service (Monday to Friday 6 to 9.30 PM)
Free Access to Interpreters
Some Common Issues
Language, culture, experiences
High levels of regulation in society
Role of various authorities
Bureaucratic expectations
Expectations of fairness
Discrimination & racism
Confidentiality and reputation (issues with accessing assistance)
Ignorance of the law not an excuse
The Role of Non Legal & Legal Workers
Preventative roles (community legal education)
Flexible limits on roles
Outer limit is prohibition on non lawyers providing legal advice, and risks for lawyers crossing ethical boundaries
A great deal of legal work can involve
Accessing and sharing information
Making appropriate and timely referrals
Accessing and sharing information
Sources of law & information about the law
Sources of free legal information or advice
Sources of free specialist legal advice
Making timely & appropriate referrals
Identifying crystallizing moment when lawyer required
Not always clear
Looking for elements of reliance/ vulnerability, potential for loss/ detriment, complexity of response required
Examples: criminal & civil matters
Family Law
Inclusive of: marriage, separation & divorce, property settlement, family arrangements regarding children, child support payments (Family Law Act)
Linked to issues of family violence (Family Violence Act), or contact with protective services (Children Youth and Families Act)
Some Examples
Woman has been married in Ethiopia and is divorced in a traditional fashion
She has no contact with ex spouse since living in refugee camp
Now wants to get divorced under Australian law
Woman has daughter of thirteen and is concerned the child’s father may take her back home to be married without her knowledge
Family enters Australia and includes extra sibling as a child of the marriage who is the mother’s child only
Birth dates altered to reflect this arrangement in a simplified fashion
Relationship breaks down and ex husband becomes frustrated paying child support for the said child
Woman living with children and husband and subjected to violence, intimidation or the like
She does not believe she can leave the relationship for reasons of housing/ financial/ residency status
How would you approach these?
Centrelink
Example
Woman is receiving single mother’s benefit and doing some casual work
She does not read English & has limited English language
Her ten year old daughter fills out her forms and has made some reports of earnings
Over the course of time she is overpaid
She has a social worker but finds her difficult to contact
She has never had access to an interpreter
What should have happened
Client should have been able to speak to Centrelink in her own language by calling 13 1202
Her office should have been able to organize free of charge translation of all documents
She shuld have been able to access Centrelink information online in her own language
What did happen
Client had legal assistance to appeal the initial decision in the Social Security Appeals Tribunal and to defend criminal charges of fraud
Though her evidence was accepted she was found guilty and received a criminal conviction as well as repayment orders
She is now finding it very difficult to find employment though she has received nursing training and done English language studies
Infringement & Driving Offences
Common charges include: drive without license, drive unregistered vehicle, drive whilst disqualified/ suspended, traffic offences (Road Safety Act), failure to show identification & infringement offences
At initial stages may be discretion & opportunity to make representations
Later important to facilitate legal advice if possible
Contracts
Basic principles: offer, acceptance, intention to create legal relations, consideration
Fair Trading Act offers consumer protection against unfairness: e.g. punitive terms, unconscionable conduct, misrepresentation
Power differentials can be significant
Criminal Matters
Right to an interpreter at interview
Right to make telephone calls
Right to silence
Right to freedom of movement unless placed under arrest
Right to be released from custody within a reasonable time if being questioned & to be granted bail
Referrals
RILC
ASRC
Springvale Monash LS
Whittlesea CLC
Migration Referrals
RILC
ASRC
Springvale Monash Legal Service
Whittlesea Community Legal Centre
Conclusion
Issues of language, culture & experience can make interaction with the law significantly more complex & create the need for more intensive ongoing support
Services the not for profit legal sector can offer include legal education, provision of written resources, generalist & specialized legal advice, referrals
Particularly useful contact points Victoria Legal Aid & the Federation of Community Legal Centres
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